USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005; Congressional Record Vol. 151, No. 100
(House of Representatives - July 21, 2005)

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    USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 369 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 3199.

                              {time}  1757


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 3199) to extend and modify authorities needed to combat 
terrorism, and for other purposes, with Mr. Hastings of Washington 
(Acting Chairman) in the chair.

[[Page H6274]]

  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, amendment No. 8 printed in part B of House Report 109-178, 
offered by the gentleman from Arizona (Mr. Flake), had been disposed 
of.
  It is now in order to consider amendment No. 9 printed in House 
Report 109-178.


                 Amendment No. 9 Offered by Mr. Berman

  Mr. BERMAN. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Berman:
       Add at the end the following:

     SEC. 17. 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.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from California (Mr. Berman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California (Mr. Berman).


   Request for Modification to Amendment No. 9 Offered by Mr. Berman

  Mr. BERMAN. Mr. Chairman, I ask unanimous consent that my amendment 
be modified by the modification at the desk.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to Amendment No. 9 by Mr. Berman:
       In lieu of the matter proposed to be inserted as section 
     17(a)(2)(H), insert the following:
       ``(H) Any necessary classified information, other than 
     intelligence sources and methods, in a classified annex that 
     shall be available to the Committee on the Judiciary of both 
     the House and the Senate, the House Permanent Select 
     Committee on Intelligence, and the Senate Select Committee on 
     Intelligence.
       (I) Any information that would reveal intelligence sources 
     and methods shall be available in a classified annex to the 
     House Permanent Select Committee and the Senate Select 
     Committee on Intelligence.''

  The Acting CHAIRMAN. Is there objection to the modification offered 
by the gentleman from California?
  Mr. SAXTON. Reserving the right to object, Mr. Chairman, I am in 
strong opposition to the underlying amendment, and I also have great 
concerns about the unanimous consent request.
  Mr. Chairman, I believe the unanimous consent request is designed to 
make minimal changes in the underlying amendment. I also believe that 
the unanimous consent request is designed to make the bill less 
objectionable to some Members and thereby encourage them to vote for 
it.

                              {time}  1800

  I am so opposed to the underlying amendment that I am therefore 
opposed to the unanimous consent request.
  Mr. BERMAN. Mr. Chairman, will the gentleman yield?
  Mr. SAXTON. I yield to the gentleman from California.
  Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding to me.
  Basically, this is an amendment supported, I am happy to say, by the 
chairman of the Committee on the Judiciary, that simply does one thing: 
It requires the Attorney General to report to Congress once a year on a 
survey that it seeks from other agencies of the Federal Government 
surveying data-mining technologies in use or in development at federal 
departments and agencies. The modification that I seek simply makes 
clear that, first of all, any classified information will be submitted 
in a classified annex and, secondly, that any information regarding 
data-mining technologies that deals with the sources, intelligence 
sources and methods, will be available only in the annex to the House 
Permanent Select Committee on Intelligence and the Senate Select 
Committee on Intelligence; in other words, that to the extent this 
survey produces anything which should either be classified or deals 
with sources and methods, the traditional procedures for where that 
material goes will be maintained.
  Mr. SAXTON. Mr. Chairman, further reserving the right to object, I 
appreciate the gentleman's explanation. The underlying amendment makes 
unnecessary disclosure of very sensitive information. It is burdensome 
upon each of the departments that it requires this disclosure to be 
brought forward, and as a matter of fact, the explanation that the 
gentleman just gave saying that makes it only available to HPSCI and 
SSCI, the two intelligence committees, does not include the Committee 
on Armed Services, which has great responsibility for military defense 
intelligence.
  So I do object, Mr. Chairman.
  The Acting CHAIRMAN. Objection is heard.
  The Chair recognizes the gentleman from California (Mr. Berman).
  Mr. BERMAN. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, I have indicated to the body what my intention was, and 
it will be my intention and one to be part of the legislative history 
that we will ensure that, before this bill becomes law, information 
about sources and methods go just where they have always gone. The 
Committee on Armed Services does not get this information. Only the 
Permanent Select Committee on Intelligence gets this information. The 
gentleman was wrong in his characterization.
  Secondly, this imposes absolutely no burden on any other agency of 
government other than the Attorney General and the Justice Department. 
It lays out information that the Attorney General should seek from 
other agencies. It imposes no obligation on those agencies to respond. 
It does not encumber any sources or funds they do not want to spend, 
and it simply asks the Attorney General to then compile

[[Page H6275]]

whatever information those agencies have chosen to provide to the 
Attorney General into a report which will be sent public in the case of 
information which is not sensitive and classified in an annex 
classified where it does involve such information.
  There is not one word in this bill that imposes a single mandate on 
any other federal agency. The only obligation on the Attorney General 
is to seek this information from the other agencies. There are no 
sanctions. There are no mandates. There is no compulsion.
  The reason, I would suggest to this body, that we will hear some 
people raising concerns is because the Justice Department has 
misrepresented the obligations of both it and other agencies under this 
amendment.
  The need for this amendment is that we have wasted millions and 
millions of dollars on implementing database-mining activities which, 
when they became public, produced such an outrage they were canceled. 
We are trying to get an early start, show the people that these efforts 
are protected, that they are targeted at sensitive information.
  We could have introduced a bill or offered an amendment to ban data 
mining. We did not do that. There is legislation to do that. We do not 
want to tie the hands of our security agencies in gathering this 
information. We simply want to provide a logical mechanism to gather 
the information so that the American people can feel more comfortable 
that what is being done is protected.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HOEKSTRA. Mr. Chairman, I rise, reluctantly, to claim the time in 
opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from Michigan (Mr. Hoekstra) is 
recognized for 5 minutes.
  Mr. HOEKSTRA. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise in opposition to the amendment.
  Earlier this afternoon my colleague and I talked about potential ways 
to fix this amendment, and I think that we reached a consensus as to 
perhaps how we could address the issues that we were concerned about 
from an intelligence standpoint. But with the lack of the unanimous 
consent request being accepted and also as we went through the process 
this afternoon, we found out that a number of other chairmen also had 
concerns about this amendment and how it might impact the various 
government agencies that they had responsibilities for. Those include 
the gentleman from California (Chairman Hunter) from the Committee on 
Armed Services, the gentleman from Ohio (Chairman Oxley) from the 
Committee on Financial Services, the gentleman from Virginia (Chairman 
Tom Davis) from the Committee on Government Reform, and the gentleman 
from Illinois (Chairman Hyde) from the Committee on International 
Relations.
  But specifically what happens here, the amendment in its base form, I 
think, provides a potential to tip off terrorists to our intelligence 
activities. It undermines terrorism investigations and perhaps will 
disclose our intelligence sources and methods. The amendment requires 
every federal department or agency publicly to report about its 
information gathering. It requires exhaustive and detailed reporting on 
how information is collected from public and certain government 
databases and what kind of information is collected and how it will be 
used.
  In many contexts this report will be a reasonable effort to protect 
privacy interests. In the intelligence and terrorism context, however, 
this amendment threatens to seriously undermine our national security 
interests.
  I have a great degree of confidence that, as we move forward, we will 
be able to reach accommodation. We just could not do it this afternoon 
with the number of other committees that also had expressed concerns 
with this amendment.
  I look forward to working with my colleague, to working with our 
other chairmen to put this amendment in a proper context. Right now it 
would be foolish to potentially tip off al Qaeda, other terrorist 
groups by providing them with any information, with providing them a 
detailed roadmap of the sources and methods we are using to find them 
and follow their activities.
  At this time in this format, this amendment is unwise, potentially 
harmful to our national security, and I reluctantly urge our Members to 
oppose it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from 
Wisconsin (Mr. Sensenbrenner), chairman of the Committee on the 
Judiciary.
  Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the Berman-
Delahunt amendment. All it does is require a report to Congress on data 
mining by agencies.
  Let me say why this is important. At the end of the last decade, 
before 9/11 and before the PATRIOT Act was even considered, the FBI had 
set up a data-mining operation that went far beyond criminal and 
intelligence investigations and compromised the privacy of literally 
millions of Americans, and this was done without the knowledge of the 
Congress of the United States, and it was only as a result of the fact 
that it did not work and they wasted all of this money that the 
Congress found out about it.
  So I think that before any of the agencies go down this route, there 
ought to be at least a tip-off to the Members of Congress. I grant the 
Members that the amendment probably is not properly drafted and we can 
fix this in conference, and I appreciate the commitment of the chairman 
of the Permanent Select Committee on Intelligence to do that, but I do 
not think we should turn it down and send a message to the agencies 
that they can data mine all they want and we are not going to do 
anything about it.
  Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Thornberry).
  Mr. THORNBERRY. Mr. Chairman, I thank the chairman for yielding me 
this time.
  Mr. Chairman, I think we can meet some of the concerns expressed so 
far without adopting this amendment.
  Let us just back up for just a second. There is a lot of individual 
information somewhere in the country in little pieces. The challenge we 
have in the war on terrorism is looking around for those pieces that 
matter and trying to fit them together. That is really what data mining 
is. It is looking at various databases and coming up with the relevant 
pieces of information and helping us to form a picture about what 
really happens.
  There has been some misunderstanding and I think some undue 
controversy about that for we will never get all those pieces of 
information together without these tools that help us do so. To the 
extent this amendment adds additional reporting requirements and sends 
a message that we want to discourage them in various agencies from 
using those tools, I think, does a disservice.
  Maybe there are some protections that we can come up with that help 
address the concerns of the chairman of the Committee on the Judiciary, 
but I think to simply add more reporting requirements and have these 
people filling out more paperwork when they really ought to be figuring 
out who the terrorists are and what they are up to is a misuse of their 
time.
  Mr. BERMAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in the course of yielding to my next speaker, I just 
want to remind the body it is one report, once a year, with anything 
that would tip off anybody about anything that we would not want to 
happen to be in a classified form, even in the amendment form without 
modification.
  Mr. Chairman, I yield 1 minute to the gentlewoman from California 
(Ms. Harman), ranking member of the Permanent Select Committee on 
Intelligence.
  Ms. HARMAN. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I rise in support of his amendment. As the chairman of the 
Permanent Select Committee on Intelligence just said, we did try to 
work out a unanimous consent request. We agreed among us, but, sadly, 
others in this body did not agree.
  The chairman of the Committee on the Judiciary is right. This is a 
modest amendment that will yield good information so that we will 
proceed to do data mining in an efficient way consistent with 
protecting the civil liberties of law-abiding Americans. That

[[Page H6276]]

is all it does. It requires only the Justice Department to prepare a 
report, not the Defense Department and not other departments in the 
government.
  So my view is that we should vote for this amendment now and perfect 
it later. I agree with the chairman of the Committee on the Judiciary. 
It will help us do data mining the right way, and America will be safer 
for it.
  Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from 
California (Mr. Hunter), the chairman of the Committee on Armed 
Services.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I want to join with the chairman of the Permanent Select Committee on 
Intelligence in opposing this amendment and just making the point that 
sources and methods are important. His analysis and the analysis of his 
experts and ours is that this would indeed compromise those 
capabilities.
  I think it is a real mistake to pass this amendment. I would hope the 
House votes it down.
  Mr. BERMAN. Mr. Chairman, I yield myself 15 seconds.
  The cynicism sometimes stuns me. I offered an amendment to ensure 
that sources and methods only go to the Permanent Select Committee on 
Intelligence, and a member of the Committee on Armed Services objects, 
and then the chairman says we are not protecting sources and methods so 
he has to oppose it.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1815

  Mr. HOEKSTRA. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, as I indicated earlier, the Berman amendment would 
potentially undermine the intelligence community's ability in the 
current form to collect information on terrorists by tipping the 
terrorists off to our sources and methods.
  The amendment would require disclosure of data mining sources and 
methods used to collect information on terrorists and contains no 
exemption for national security purposes.
  The House has worked to increase the use of open source and other 
information against foreign terrorists and others who seek to harm the 
United States. The amendment applies onerous reporting requirements 
that could dramatically restrict the use of such technologies to use 
such resources to discover and respond to terrorist activities.
  Finally, it would divert scarce government resources away from the 
most critical fight that we have today, the fight against terror.
  Join me, the gentleman from California (Mr. Hunter), the gentleman 
from (Mr. Oxley), the gentleman from Virginia (Mr. Tom Davis), and the 
gentleman from Illinois (Mr. Hyde) in opposing this amendment; not the 
direction the amendment wants to go, but in the way this amendment is 
crafted at this time and in this bill.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BERMAN. Mr. Chairman, I yield the balance of my time to the 
gentleman from Massachusetts (Mr. Delahunt), the cosponsor of this 
amendment.
  The Acting CHAIRMAN (Mr. Hastings of Washington). The gentleman from 
Massachusetts (Mr. Delahunt) is recognized for 45 seconds.
  Mr. DELAHUNT. Mr. Chairman, this has absolutely nothing to do 
whatsoever with sending messages about terrorism. It is trying to find 
out what is happening in the Federal Government today, and we do not 
know. We have heard a lot today about oversight and accountability. 
That is what we are trying to do here.
  Remember the so-called Total Information Program that was the 
brainchild of the former National Security Administrator that we funded 
to the tune of $170 million, and then defunded it? It was too late. We 
wasted $170 million. That is what this is about. It is providing the 
tools to the United States Congress to do its constitutional job of 
oversight.
  Mr. Chairman, do you know what? We do not know what is happening. 
That is the real secret as far as the American people are concerned. We 
stumble on these things.
  Mr. OXLEY. Mr. Chairman, I rise in opposition to the amendment. I am 
particularly concerned about the burdens the amendment would place on 
two law enforcement entities within the jurisdiction of Committee on 
Financial Services. Under this amendment, both the Office of Foreign 
Assets Control (OFAC) and the Financial Crimes Enforcement Network 
(FinCen), which are components of the Treasury Department that are on 
the front lines of our country's efforts to detect and combat terrorist 
financing, would be required to divert already scarce resources away 
from law enforcement in order to comply with the amendment's overly 
broad and unrealistic reporting requirements. Instead of monitoring 
suspicious financial activity and following money trails that can lead 
investigators to terrorist plots like the ones we have seen in recent 
days in London, OFAC and FinCen would need to interpret undefined and 
ambiguous terms used in the amendment such as ``specific individual's 
personal identifiers'' or engage in analyzing all laws and regulations 
governing various types of information in question.
  The Committee I chair has extensive experience in the financial 
services area with regimes that permit individuals to ``opt out'' of 
information sharing arrangements. Such regimes require careful 
balancing of personal privacy and law enforcement and national security 
priorities and cannot be drafted on the fly without extensive 
consultation with all interested parties. This amendment, in my 
judgment, falls far short of the mark. I urge a ``no'' vote.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Berman).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. BERMAN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Berman) will be postponed.
  It is now in order to consider amendment No. 10 printed in House 
Report 109-178.


    Amendment No. 10 Offered by Mr. Daniel E. Lungren of California

  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I offer an 
amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Daniel E. Lungren of 
     California:
       Add at the end the following:

     SEC. ___. 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
       (C) by inserting before ``section 1992 (relating to 
     wrecking trains)'' the following: ``, section 930(c) 
     (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''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from California (Mr. Daniel E. Lungren) and a Member opposed will each 
control 10 minutes.
  The Chair recognizes the gentleman from California (Mr. Daniel E. 
Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I yield myself 
such time as I may consume.
  Mr. Chairman, this is a fairly straightforward amendment. This 
amendment deals with the predicate for the use of wiretaps under the 
Federal Code.
  Current law may not authorize the use of electronic surveillance in 
criminal investigations of certain other crimes that terrorists are 
likely to commit. This amendment would fill in a gap in the law by 
adding six other predicates for the electronic surveillance and 
monitoring under 18 U.S.C. 2516(1).

[[Page H6277]]

  While we were considering this bill in committee, the gentleman from 
California (Mr. Schiff) had an amendment which added a number of 
offenses to the wiretap statute. They went all the way from fraud and 
misuse of visas and violence at international airports, to offenses 
relating to torture, offenses relating to terrorist attacks against 
mass transportation, offenses of military-type training from foreign 
terrorists, offenses related to explosive materials.
  There are a number of others that I believe should be in that same 
category that, unfortunately, we did not include when we considered his 
amendment. This proposed language would permit the interception by wire 
or by oral surveillance if the interception would provide evidence of 
six different types of crimes:
  One, arson within special maritime and territorial jurisdiction;
  Two, offenses relating to plastic explosives;
  Three, offenses related to attack on Federal facility with firearm;
  Four, conspiracy to harm persons or property overseas;
  Five, offenses relating to assault on a flight crew with dangerous 
weapon;
  Six, offenses related to explosive or incendiary devices, or 
endangerment of human life, by means of weapons on an aircraft.
  This amendment does nothing, nothing whatsoever, to affect the 
standard of obtaining a wiretap. That remains the same. Rather, it 
merely takes offenses which have a nexus with terrorism and gives law 
enforcement the additional investigative tool to undercover evidence of 
their commissions through a wire or oral surveillance.
  The ability of law enforcement to intercept communications related to 
these terrorism-related offenses is a critical aspect of the effort, 
not only of uncovering evidence of the most dangerous life-threatening 
activity, but also in strengthening our ability to apprehend these 
perpetrators before they inevitably strike again.
  That is probably the major focus of our efforts with this bill; that 
is, how do we apprehend these perpetrators before they strike? Such 
surveillance will better enable law enforcement to be proactive in 
preventing future terrorist attacks.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. DANIEL E. LUNGREN of California. I yield to the gentleman from 
Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I support the gentleman's amendment 
and I hope we can adopt it fairly quickly. What this amendment does is 
simply add the following predicates to allow law enforcement to go to a 
judge to seek a wiretap order: Crimes of terrorism such as arson, 
plastic explosives, attacks on a Federal facility with firearms, and 
conspiracy to harm persons or property overseas.
  I think all of these are legitimate predicates. I would hope the 
gentleman's amendment is adopted, and thank him for yielding.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I reserve the 
balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I ask unanimous consent to claim 
the time in opposition, but I am not opposed to the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The Acting CHAIRMAN. The gentleman from Virginia (Mr. Scott) is 
recognized for 10 minutes.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, this expands the wiretap authority, but it limits the 
expansion to cases of terrorism. I would say to the gentleman from 
California and to the chairman, if the rest of the bill had been 
limited to terrorism, we would not have to be sitting up here arguing 
half the night.
  I agree with the gentleman, we want to be tough on terrorism, but we 
don't want to open up the entire criminal code to these very expansive 
powers. So in this case, I think it is an appropriate expansion of the 
wiretap because it is limited to terrorism, and I thank the gentleman 
for the amendment.
  Mr. Chairman, I yield such time as she may consume to the gentlewoman 
from California (Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Chairman, I would like to concur 
with the comments made by the ranking member, the gentleman from 
Virginia (Mr. Scott), and to thank my colleague from California for the 
amendment, and just note that as I read through it and agreed with 
this, and I thank the gentleman for offering the amendment, it occurs 
to me that there are a few other items that perhaps should have been 
included, and I am hopeful that the committee might, we do not have a 
sunset, but we might actually spend some time scrubbing the code and 
making sure that we have scooped them all up in an appropriate way.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I ask for an aye 
vote, and I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from California (Mr. Daniel E. Lungren).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 11 
printed in House Report 109-178.


                 Amendment No. 11 Offered by Mr. Schiff

  Mr. SCHIFF. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Schiff:
       Add at the end the following:

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

     SEC. _01. SHORT TITLE.

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

     SEC. _02. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

       (a) In General.--Section 1036 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) any secure or restricted area of any seaport, 
     designated as secure in an approved security plan, as 
     required under section 70103 of title 46, United States Code, 
     and the rules and regulations promulgated under that section; 
     or'';
       (2) in subsection (b)(1), by striking ``5 years'' and 
     inserting ``10 years'';
       (3) in subsection (c)(1), by inserting ``, captain of the 
     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.''.

       (c) Definition of Seaport.--Chapter 1 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``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. _03. 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--

[[Page H6278]]

       ``(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. _04. 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;
       (C) in paragraph (3)--
       (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. _05. 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. _06. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

       (a) Transportation of Dangerous Materials and Terrorists.--
     Chapter 111 of title 18, as amended by section _05, 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

[[Page H6279]]

     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 _05, 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. _07. 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. _08. 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''
       (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

[[Page H6280]]

     successor system, by no later than December 31, 2006.

     SEC. _09. 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. _10. 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. _11. 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. _11. 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. _12. 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.''.

       (c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of 
     title 18, United States Code, is amended by inserting 
     ``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''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from California (Mr. Schiff) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from California (Mr. Schiff).
  Mr. SCHIFF. Mr. Chairman, I yield myself 2\1/2\ minutes.
  Mr. Chairman, earlier this year I introduced the Reducing Crime and 
Terrorism at America's Seaports Act of 2005 along with my colleague the 
gentleman from North Carolina (Mr. Coble), chairman of the Committee on 
the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security. 
Our legislation is aimed at filling a gaping hole in our defense 
against terrorism and making America's ports, passengers and cargos 
safer.
  Today, I offer the text of this important legislation as an amendment 
to the PATRIOT reauthorization bill, joined by my colleague the 
gentleman from North Carolina (Chairman Coble) of the Committee on the 
Judiciary, as well as the gentleman from Virginia (Mr. Forbes), another 
colleague on the Committee on the Judiciary.
  There are 361 seaports in the United States that serve essential 
national interests by facilitating the flow of trade and the movement 
of cruise passengers, as well as supporting the effective and safe 
deployment of U.S. Armed Forces. These seaport facilities and other 
marine areas cover some 3.5 million square miles of ocean area and 
95,000 miles of coastline.
  Millions of shipping containers pass through our ports each month. A 
single container has room for as much as 60,000 pounds of explosives, 
10 to 15 times the amount in the Ryder truck used to blow up the Murrah 
Federal Building in Oklahoma City. When you consider that a single ship 
can carry as many as 8,000 containers at one time, the vulnerability of 
our seaports is alarming.
  Many seaports are still protected by little more than a chain link 
fence and in far too many instances have no adequate safeguards to 
ensure that only authorized personnel can access sensitive areas of the 
port. If we allow this system to continue unchecked, it may be only a 
matter of time until terrorists attempt to deliver a weapon of mass 
destruction to our doorstep via truck, ship or cargo container.
  Strengthening criminal penalties, as the gentleman from North 
Carolina (Chairman Coble) and I proposed with our bill and in this 
amendment, is one way we can make our Nation's ports less vulnerable by 
filling this hole in our defense against terrorism and making America's 
ports, passengers and cargo safer.
  This amendment makes common sense changes to our criminal laws to 
deter and prevent terrorist attacks on our ports, our sea vessels, and 
cracks down on the theft and smuggling of cargo.
  I want to be clear, our amendment is intended to go after terrorists, 
terrorist acts and other dangerous felons. There is no intention to 
reach accidents or other unintentional acts that might occur at 
seaports.
  A substantially similar bipartisan version of our legislation has 
already been reported favorably by the Senate Judiciary Committee and 
is awaiting action by the full Senate.
  Mr. Chairman, I reserve the balance of my time.

[[Page H6281]]

  Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent claim the 
time in opposition, even though I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Wisconsin 
(Mr. Sensenbrenner) is recognized for 10 minutes.
  There was no objection.
  Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I support this amendment and hope that the committee 
adopts it. It provides basic and much-needed protections for our 
Nation's seaports, and it does so by strengthening the criminal code in 
various areas where our seaports would be vulnerable to either a 
criminal act or a terrorist act.
  Let me state, however, that the Congress has not been sitting idly by 
since 9/11 on the issue of protecting seaport security. The container 
security initiative was passed by this Congress several years ago and 
is being implemented, both in terms of better targeting of containers 
that come into our ports, as well as security at the ports and 
screening before the cargo actually arrives. But in terms of people 
breaking into our ports, perhaps putting bad materials such as bombs or 
biological or chemical materials in our ports and in the containers in 
our ports, this is an amendment that is extremely essential.
  For that reason, I would urge its adoption.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SCHIFF. Mr. Chairman, I am proud to yield 2 minutes to the 
gentleman from North Carolina (Mr. Coble), the chairman of the 
subcommittee and a lead cosponsor of this amendment. I want to thank 
the chairman for his important work to bring this issue before the 
House.
  Mr. COBLE. Mr. Chairman, I thank the gentleman from California for 
yielding me time.
  Mr. Chairman, I rise in support of the amendment to reduce crime and 
terrorism at America's seaports. This amendment is long overdue and 
reflects the hard work and dedication of my colleagues, the gentleman 
from California (Mr. Schiff), the gentleman from Virginia (Mr. Forbes) 
and the gentleman from Florida (Mr. Stearns) to an issue of critical 
importance to our Nation's safety. I want to thank all of them for 
their effort to this end.
  The amendment that we are offering today will protect our seaports by 
controlling access to seaports on sensitive areas, providing additional 
authority to the Coast Guard to investigate vessels, prohibiting use of 
dangerous weapons or explosives on a passenger vessel, protecting Coast 
Guard navigational aides on waterways, prohibiting transportation of 
dangerous materials by potential terrorists, prohibiting destruction or 
interference with vessels or maritime facilities, increasing penalties 
for illegal foreign shipments on vessels, increasing penalties for 
noncompliance with manifest requirements, increasing criminal penalties 
for stowaways on vessels, and, finally, increasing penalties for 
bribery of port security authorities and officials.

                              {time}  1830

  These measures are much-needed and long overdue. Again, I thank the 
gentleman from California (Mr. Schiff), the gentleman from Virginia 
(Mr. Forbes), and the gentleman from Florida (Mr. Stearns).
  Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the gentleman 
from Virginia (Mr. Forbes).
  Mr. FORBES. Mr. Chairman, I rise in strong support of the Schiff-
Coble-Forbes amendment to H.R. 3199. I also want to thank the gentleman 
from North Carolina (Mr. Coble), the chairman of the Subcommittee on 
Crime, Terrorism, and Homeland Security, as well as the gentleman from 
California (Mr. Schiff), for their important work on this amendment.
  Mr. Chairman, the edge of my district is only minutes from the Port 
of Norfolk, one of the busiest international ports on the east coast of 
the United States. More than $37 billion worth of goods pass through 
Norfolk every year to travel on to all of the lower 48 States. Our 
Nation's seaports are the arteries that keep our Nation's economic 
heart beating.
  But, unfortunately, our ports remain an attractive target to 
terrorists and criminals. The Interagency Commission on Crime and 
Security in U.S. Seaports concluded in their report that significant 
criminal activity is taking place at most of the 12 seaports surveyed 
by the commission. That activity included drug smuggling, alien 
smuggling, cargo theft, and export crime.
  That is why it is important that the House pass the Schiff-Coble-
Forbes amendment. This amendment sends a clear message to terrorists 
and criminals that we will defend our Nation's ports. This amendment 
says that there is no loophole or shortcoming in the law that you can 
hide behind that will allow you to harm our Nation.
  Many of my constituents are shocked to learn that it is not a crime 
for a vessel operator to refuse to stop when ordered to do so by the 
Coast Guard. If you have spent as much time on the waterways of our 
harbors as I have, you know there are often only seconds that separate 
a vessel occupied by terrorists and one of our commercial or naval 
vessels docked at a pier.
  You cannot legally evade the police on our Nation's highways, and the 
same rule should apply to our Nation's waterways. While the Coast Guard 
has the authority to use whatever force is reasonably necessary to 
force a vessel to stop or be boarded, refusal to stop by itself is not 
currently a crime. That changes today with this amendment.
  The amendment we are offering today will further protect our seaports 
by prohibiting the use of dangerous weapons or explosives on a 
passenger vessel, prohibiting the transportation of dangerous materials 
and terrorists, and further increasing penalties for bribery affecting 
port security.
  Mr. Chairman, this amendment is vital to protecting our Nation's 
ports. I want to express my appreciation for this amendment, and I urge 
my colleagues to support the amendment.
  Mr. SCHIFF. Mr. Chairman, I am happy to yield 2 minutes to the 
gentleman from Virginia (Mr. Scott), the ranking member of the 
Subcommittee on Crime, Terrorism, and Homeland Security.
  Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for 
yielding me this time. I would like to join my colleague from Virginia 
in his interest in the security of the Port of Hampton Roads.
  Mr. Chairman, this amendment is well drafted to target the problem of 
port security. It closes an apparent oversight in the fact that it is 
not a Federal crime for a vessel operator to fail to stop when ordered 
to do so by a Federal law enforcement officer, and makes it clear that 
that is a crime. The penalties are increased penalties, but not 
mandatory minimums, so the increases will make sense.
  I will not, however, be supporting the amendment because it has 
several new death penalties in it. It has death penalties, some of 
which push the envelope on constitutionality, because some can be 
imposed even if there is no intent to kill; they are broad enough to 
even include deaths which result from violating the stowaway statute.
  Mr. Chairman, death penalties cannot be a deterrent to suicide 
bombers, so that part of the bill I think would not be helpful in terms 
of port security. What we do need in port security is significant 
increases in funding for port security, funding for bus and rail 
security, funding for first responders. That is the kind of thing that 
will make us safer. As to the other parts of the bill, I would like to 
thank the gentleman from California (Mr. Schiff) and the other 
cosponsors for their hard work in focusing us on port security, which 
is desperately needed.
  Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the gentleman 
from Florida (Mr. Stearns).
  (Mr. STEARNS asked and was given permission to revise and extend his 
remarks.)
  Mr. STEARNS. Mr. Chairman, I thank the distinguished chairman of the 
full committee for yielding me this time, and I thank the gentleman 
from North Carolina (Mr. Coble) for his help here.
  I rise, obviously, in support of the Coble-Schiff-Forbes amendment 
and in favor of the underlying bill. This amendment I think is 
important to update and improve our seaport security, which obviously 
is very crucial to protecting America. It also includes three 
provisions from my bill, H.R. 785, the

[[Page H6282]]

cargo theft bill; and it is an issue that I have been concerned about 
for over 2 years, so I am very pleased that it is part of the bill.
  Probably the most important thing with this amendment that we are 
talking about this evening that it accomplishes is that it requires 
that cargo theft reports be reflected as a separate category in the 
Uniform Crime Reporting System, or the UCR, the data collection system 
that is used by the FBI today, currently, no such category exists in 
the UCR, which results in ambiguous data and an inability to track and 
monitor trends.
  So I am very pleased that the Committee on the Judiciary incorporated 
that provision and also raised criminal penalties for cargo theft, 
which is included in this bill.
  As it now stands, Mr. Chairman, punishment for cargo theft is a 
relative slap on the wrist. Throw in the fact that cargo thieves are 
tough to catch, and what we have here is a low-risk, high-reward crime 
that easily entices potential criminals. The sentencing enhancement 
proposed in this amendment will go a long way in making a career in 
cargo theft less attractive. So the authors of this amendment are to be 
commended.
  Last, this amendment includes a provision requiring the Attorney 
General to mandate the reporting of cargo thefts and to create a 
database containing this information, which will provide a valuable 
source of information and will allow States and local law enforcement 
officials to coordinate reports of cargo theft. This information could 
then be used to help fight this theft in everyday law enforcement.
  Mr. Chairman, this is a commonsense cargo theft provision, along with 
efforts to strengthen our seaport security, vitally effective tools in 
our war on terrorism. I want to thank my colleagues, particularly my 
good friend, the gentleman from North Carolina (Mr. Coble), for their 
help.
  I rise today in support of the Coble/Schiff/Forbes amendment, and in 
favor of the underlying bill.
  This amendment proposes to update and improve our seaport security, 
which is a crucial element to protecting America.
  It also includes three critical provisions from my bill H.R. 785 
regarding cargo theft, an issue that I have been concerned about for 
some time now.
  Cargo theft is a problem that has plagued our country for some 30 
years, but continues unabated today. It is a problem that travels our 
highways, threatens our interstate commerce and undermines our homeland 
security. It is a problem that affects our entire country, costs tens 
of billions of dollars each year, and demands a Federal response.
  There is no doubt that stopping cargo theft and smuggling is a 
national security issue. We know that terrorists can make a lot of 
money stealing and selling cargo, not to mention the fact that 
terrorists have a proven record of using trucks to either smuggle 
weapons of mass destruction or as an instrument of delivery.
  Many of the industries involved in delivering cargo: trucking, 
shipping, and businesses--are genuinely concerned about how security 
gaps expose cargo to terrorism. Law enforcement has the same concerns. 
These groups support this legislation.
  That's why the three particular provisions in this amendment relating 
to cargo theft are so important.
  Probably the most important thing this amendment accomplishes is that 
it requires that cargo theft reports be reflected as a separate 
category in the Uniform Crime Reporting System, or the UCR, the data 
collection system that is used by the FBI today. Currently, no such 
category exists in the UCR, resulting in ambiguous data and the 
inability to track and monitor trends.
  I am also pleased that the provision raising criminal penalties for 
cargo theft is included in this bill. As it now stands, Mr. Chairman, 
punishment for cargo theft is a relative slap on the wrist. Throw in 
the fact that cargo thieves are tough to catch, and what we have here 
is a low-risk, high-reward crime that easily entices potential 
criminals. The sentencing enhancements proposed in this amendment will 
go a long way in making a career in cargo theft less attractive.
  And last, this amendment includes a provision requiring the Attorney 
General to mandate the reporting of cargo thefts, and to create a 
database containing this information. This database will provide a 
valuable source of information that would allow State and local law 
enforcement officials to coordinate reports of cargo theft. This 
information could then be used to help fight this theft in everyday law 
enforcement.
  These common-sense cargo theft provisions, along with the efforts to 
strengthen our seaport security, will be vital and effective tools in 
our war on terror.
   Mr. Chairman, I thank my colleagues on the Judiciary Committee for 
including this language, and I urge this House to pass this amendment 
and the underlying bill.
  Mr. SENSENBRENNER. Mr. Chairman, I yield back the balance of my time.
  Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume.
  I want to take this opportunity to thank the chairman of the full 
committee, the gentleman from Wisconsin (Mr. Sensenbrenner), and thank 
the chairman of the subcommittee. When I offered this originally as 
stand-alone legislation in connection with another bill as an 
amendment, the chairman offered to work with me on this further down 
the line; and every bit true to his word, he has been a great partner 
to work with on this. I want to thank the gentleman from North Carolina 
(Chairman Coble), and I want to thank our esteemed chairman of the full 
committee for their work on this.
  The numbers are quite startling: 141 million ferry and cruise ship 
passengers, more than 2 billion tons of domestic international freight, 
and 3 billion tons of oil move through the U.S. seaports. Millions of 
truck-sized cargo containers are offloaded on to U.S. docks.
  As a part of the homeland security authorization bill, the House took 
some important steps to improve the screening of cargo by expanding the 
container security initiative and refocusing it based on risk. But the 
truth is that not every container can be inspected, and we need to use 
other tools at our disposal to deter and punish those who would use our 
seaports as a point of attack. I urge support for the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from California (Mr. Schiff).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. COBLE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Schiff) will be postponed.
  It is now in order to consider amendment No. 12 printed in House 
Report 109-178.


                 Amendment No. 12 Offered by Mr. Coble

  Mr. COBLE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Coble:
       Add at the end the following (and make such technical and 
     conforming changes as may be appropriate):

     SECTION 17. 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
       (C) by adding at the end the following new paragraphs:
       ``(6) the term `smokeless tobacco' means any finely cut, 
     ground, powdered, or leaf tobacco that is intended to be 
     placed in the oral or nasal cavity or otherwise consumed 
     without being combusted;
       ``(7) the term `contraband smokeless tobacco' means a 
     quantity in excess of 500 single-unit consumer-sized cans or 
     packages of smokeless tobacco, or their equivalent, that are 
     in the possession of any person other than--
       ``(A) a person holding a permit issued pursuant to chapter 
     52 of the Internal Revenue Code of 1986 as 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;

[[Page H6283]]

       ``(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.
       ``(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 against any 
     unconsented lawsuit under this chapter, or otherwise to 
     restrict, expand, or modify any sovereign immunity of a State 
     or local government.
       ``(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''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from North Carolina (Mr. Coble) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


         Modification to Amendment No. 12 Offered by Mr. Coble

  Mr. COBLE. Mr. Chairman, I ask unanimous consent to modify the 
amendment with the modification at the desk.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to Amendment No. 12 offered by Mr. Coble:
       In the matter proposed to be inserted as subsection (b) of 
     section 2346 of title 18, United States Code, by subsection 
     (f) after the period at the end of paragraph (1) insert ``No 
     civil action may be commenced under this paragraph against an 
     Indian tribe or an Indian in Indian country (as defined in 
     section 1151).''.
       In the same matter in paragraph (2) insert ``, or an Indian 
     tribe'' after ``State or local government'' each place it 
     appears.

  Mr. COBLE (during the reading). Mr. Chairman, I ask unanimous consent 
that the modification be considered as read and printed in the Record.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from North Carolina?

[[Page H6284]]

  There was no objection.
  The Acting CHAIRMAN. Is there objection to the modification?
  There was no objection.
  Mr. COBLE. Mr. Chairman, I yield myself such time as I may consume.
  A ``Dear Colleague'' went out today, and I will share it with my 
colleagues. It says: ``The Coble amendment attacks tribal sovereignty. 
The Coble amendment reverses two statutes of Federal Indian policy. 
Oppose the Coble amendment.''
  Well, oftentimes in this body, Mr. Chairman, we engage in semantical 
wars, and I disagree with the choice of these words; but in any event, 
we have resolved the differences.
  Mr. Chairman, I urge the support of the modified amendment before us 
to strengthen the Contraband Cigarette Trafficking Act, commonly known 
as CCTA. Why should this provision be included in the PATRIOT Act, one 
may ask? Criminal organizations, including terrorist groups, are using 
contraband cigarettes to fund their organizations. The scam is 
relatively easy and extremely lucrative. The criminals purchase 
cigarettes in a State with a low excise tax and then transport them to 
a high-tax State to sell. Many times they even counterfeit the tax 
stamps to ensure that the cigarettes appear legitimate. Criminals can 
make as much as $30 per carton for relatively little effort and risk.
  A scheme that was uncovered illustrates the magnitude of this 
problem. In 2003, a group of Hezbollah operatives were convicted of 
buying cigarettes in my home State of North Carolina and selling them 
in Michigan. They were using the proceeds of their operation to fund 
the activities of Hezbollah. Law enforcement authorities across the 
Nation believe these types of smuggling operations are a fast-growing 
problem.
  Mr. Chairman, my amendment would enhance the provisions of the CCTA 
to enable law enforcement to prosecute more of these schemes. First, 
the amendment would lower the threshold requirements for a violation of 
the CCTA from 60,000 to 10,000 cigarettes. It would apply the CCTA to 
smokeless tobacco as well, and impose reporting requirements on those 
engaging in delivery sales of more than 10,000 cigarettes, or 500 cans 
of packages of smokeless tobacco within a period of 1 month. Finally, 
it would authorize State and local governments and certain persons 
holding Federal tobacco permits to bring causes of action against 
violators of the CCTA.
  We must do everything we can to choke off this source of funding for 
criminal organizations which, in turn, subsidize terrorist 
organizations; and I urge adoption of the amendment.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. COBLE. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I thank the gentleman from North 
Carolina for yielding.
  Let me say that this amendment has a direct impact on the war against 
terrorism. When he was testifying on the reauthorization of the PATRIOT 
Act, Deputy Attorney General James Kolbe testified that the first 
material support for a terrorism case to be tried before a jury 
involved a group of Hezbollah operatives who had been operating a 
massive interstate cigarette smuggling scheme. He also testified that 
since that prosecution, material support charges have been used against 
other cigarette smuggling plots in Detroit.
  From this information, it is obvious that the terrorists are using 
cigarette smuggling in order to help finance their activities, and that 
is why the amendment offered by the gentleman from North Carolina is a 
good amendment. It fits in with the antiterrorism tools that the 
PATRIOT Act reauthorizes, and I would urge its support.
  I would also say that as a result of the modification that the 
gentleman from North Carolina has proposed, there is no longer a 
question of tribal sovereignty. That has been taken care of in the 
modification. So anybody who has read the ``Dear Colleague'' letter 
that was sent out earlier today, that is now out of date, and it is 
about as accurate as last year's calendar.
  Mr. COBLE. Mr. Chairman, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I ask unanimous consent to claim 
the time in opposition, although I am not opposed to the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  I would point out that the comments of the gentleman from North 
Carolina and the chairman of the committee have outlined the fact that 
this has been worked out with all of the parties involved, and we have 
no objection.
  Mr. Chairman, I reserve the balance of my time.
  Mr. COBLE. Mr. Chairman, I yield the balance of my time to the 
distinguished gentleman from Virginia (Mr. Cantor).
  Mr. CANTOR. Mr. Chairman, I want to again thank and recognize the 
gentleman from Wisconsin (Chairman Sensenbrenner), the gentleman from 
North Carolina (Mr. Coble), and the gentleman from Virginia (Mr. Scott) 
for bringing this amendment forward. I would just like to reiterate and 
rise in support of this amendment.

                              {time}  1845

  As the gentleman from Wisconsin (Mr. Sensenbrenner) indicated, this 
amendment is about stopping terrorists. And as we are deliberating on 
this bill as a whole and the purpose being to do everything we can to 
stop terrorism, this amendment speaks right to the point.
  As the gentleman from North Carolina (Mr. Coble) indicated, there are 
real cases that have been uncovered and have been tried in court in 
which known terrorist organizations such as Hezbollah have been engaged 
in the illegal trafficking of cigarettes from low tax states into high 
tax states using that money to fund their terrorist activities. That is 
what this amendment does. And as the gentleman from Wisconsin (Mr. 
Sensenbrenner) has said, all the modifications make sure that there is 
no impact on tribal sovereignty.
  I urge my colleagues to support this amendment.
  Mr. COBLE. Mr. Chairman, will the gentleman yield?
  Mr. SCOTT of Virginia. I yield to the gentleman from North Carolina.
  Mr. COBLE. I thank the gentleman from Virginia for yielding.
  Mr. Chairman, I will just say that I look forward to working with the 
chairman of the full committee and the ranking member, as well as the 
ranking member of the subcommittee to resolve any other issues that may 
remain in conference.
  Mr. CONYERS. Mr. Chairman, I am glad that Mr. Coble offered language 
to mitigate concerns over his amendment's impact on tribal sovereignty. 
As initially drafted, the amendment by Mr. Coble could have had the 
unintended effect of targeting tribal governments who are legitimately 
involved in the retailing of tobacco products. With the help of Mr. 
Cole and other Members, Mr. Coble has modified his amendment and has 
incorporated language that will go a long way to protecting tribal 
governments and tribal sovereignty. Specifically, a provision 
stipulating that enforcement against tribes or in Indian country, as 
defined in Title 18 Section 1151, will not be authorized by the pending 
bill has been incorporated.
  Support for tribal sovereignty is a bi-partisan issue and 
collectively the Congress will continue to defend that fundamental 
principal of law. I realize that there are other sections that may need 
to be fixed as well because there has not been much time to refine the 
entirety of the Coble provision and that further refinements may be in 
order once we get to Conference with the Senate on this provision. I 
understand that the rule of law of enforcement in Indian country will 
fall to tribal governments and the Federal government will be protected 
through further amendment and I pledge to work in conference to ensure 
the rights of tribal governments are fully protected.
  Mr. KILDEE. Mr. Chairman, I rise to address the amendment offered by 
the gentlemen from North Carolina that relates to the Federal 
Contraband Cigarette Trafficking Act. There is evidence that profits 
from the illegal sales of tobacco products have been funneled to groups 
whose interests are inimical to the safety of our country and its 
people and the Congress should do all we can to ensure that source of 
revenue is cut off.
  However, Indian tribal governments that are legally involved in the 
retailing of tobacco products are clearly not the types of entities we 
are targeting with this provision.
  As initially drafted, the Coble Amendment would have had the 
unintended effect of targeting tribal governments who are legitimately 
involved in the retailing of tobacco products.

[[Page H6285]]

  With the great help of the gentlemen from Oklahoma (Mr. Cole) I 
understand an amendment has been incorporated that will go a long way 
to protecting tribal governments and tribal sovereignty.
  I also understand, however, that we have not had much time to refine 
the entirety of the Coble Amendment and that further refinements need 
to be made. It is my understanding that the gentlemen from North 
Carolina has agreed to take up these outstanding issues in conference.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from North Carolina (Mr. Coble), as modified.
  The amendment, as modified, was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 13 
printed in House Report 109-178.


                 Amendment No. 13 Offered by Mr. Carter

  Mr. CARTER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Carter:
       Add at the end the following:

             TITLE __--TERRORIST DEATH PENALTY ENHANCEMENT

     SEC. _01. SHORT TITLE.

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

            Subtitle A--Terrorist Penalties Enhancement Act

     SEC. _11. 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. _12. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, as amended by section _11 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 _11 of this subtitle, is further 
     amended by adding at the end the following new item:

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

     SEC. _13. 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. _14. 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. _15. 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. _21. 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. _31. 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

[[Page H6286]]

     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.''.
       Strike section 12.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from Texas (Mr. Carter) and the gentleman from Virginia (Mr. Scott) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Carter).
  Mr. CARTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of my amendment, the Terrorist Death 
Penalty Enhancement Act. This measure is a much needed reform for our 
Federal criminal statutes to ensure that the death penalty is available 
to deter and punish the most heinous crime in our country. We must 
remain vigilant and united in sending out one clear message to the 
terrorists; if you attack our country or threaten our national security 
and we apprehend you, we will seek the ultimate penalty, the death 
penalty, against you. This amendment makes needed reforms to ensure 
that such punishment is carried out and is applied fairly, and is 
applied swiftly when the facts justify the punishment.
  Many of these same provisions were overwhelmingly passed by this 
House last year as part of the 9/11 Recommendations Implementation Act, 
but removed during conference with the Senate.
  As a former State district judge for over 20 years I have presided 
over five capital murder cases, three of which resulted in the death 
penalty. I have a unique perspective on the criminal justice system and 
I understand the importance of safety and the need for America to be 
tough on its criminals. We must protect our neighborhoods from the 
threat of violent crimes which, unfortunately, in today's world, 
includes the threat of terrorist attacks. Congress must act to protect 
U.S. citizens from such attacks and to bring justice to those who 
threaten our freedom.
  It is unimaginable to think that a convicted terrorist responsible 
for American deaths could serve his sentence and be released back on 
the American streets free to act as he chooses. My straightforward 
legislation will make any terrorist who kills eligible for the Federal 
death penalty. This legislation will also deny these same terrorists 
any Federal benefits they otherwise may be eligible to receive. In my 
experience as a judge, I have witnessed the death penalty used as an 
important tool in deterring crime and saving lives. I believe it is 
also an instrument that can deter acts of terrorism and serves as a 
tool for prosecutors in negotiating sentences.
  First, my amendment adds a new criminal provision to impose the death 
penalty to any terrorist who, while committing a terrorist offense, 
engages in conduct that results in the death of an individual.
  Second, my amendment provides procedures for the death penalty 
prosecution of air piracy crimes committed before the 1994 Federal 
Death Penalty Act.
  Third, my amendment treats terrorist offenses similar to treason and 
espionage cases so that the government need only prove that such 
offense created a grave risk of death and did not actually result in 
the death of a person. For example, consider a terrorist attack as we 
saw today in London, where a terrorist is carrying a deadly weapon, 
could be a radiological weapon or device, and prior to the total 
detonation of that bomb killing innocent civilians, he is caught by the 
authorities and they prevent that attack. Under this bill he could face 
the ultimate penalty of death.
  In addition to these commonsense reforms, my amendment also 
authorizes the death penalty for killing that results from 
participation in nuclear weapons and weapons of mass destruction 
threats against the United States, missile systems to destroy aircraft, 
atomic weapons under the Atomic Energy Act.
  Now, with the authorization of these new death penalties I have added 
some commonsense clarification to the Federal death penalty which is 
supported by the Justice Department. Let me highlight three of these.
  First, my amendment adds a new statutory aggravating factor for 
obstruction of justice and in particular the killing of any person 
which is aimed at obstructing any investigation or prosecution.
  Second, my amendment clarifies that juries must reach a unanimous 
sentencing verdict one way or the other for life imprisonment or for 
death. If the jury does not reach a unanimous sentencing verdict then 
the government may seek a new sentencing hearing.
  Third, my amendment authorizes a judge to proceed with a death 
penalty case with less than 12 jurors if the excusal of the 12th juror 
is justified by good cause. There is simply no reason to make witnesses 
testify, juries sit again after a long and complex trial when a juror 
for some reason becomes sick or for some reason is unable to serve.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself 5 minutes.
  Mr. Chairman, I rise in opposition to this amendment. It provides for 
the enactment of extremely controversial provisions which we have had 
inadequate time to consider. We have not had the opportunity to hear 
critical testimony on controversial aspects of this bill such as the 
provision to apply the death penalty to offenses where no death 
results, the change in alternative jury rules and peremptory challenge 
rules, another change of the number of jurors needed to impose the 
death penalty and other changes which could constitute constitutional 
problems.
  Another problem with the bill, it provides for expansion of the 
Federal death penalty, both for crimes that the supporters of the death 
penalty might think warrant the death penalty, as well as crimes that 
most people would not expect to be associated with the most severe of 
penalties.
  This bill does not limit crimes through the death penalty eligibility 
to the heinous crimes or those who have traditionally been considered 
severe enough to require either a death penalty or even life without 
parole.
  The bill is so broad that it includes offenses such as those related 
to protection of computers, property offenses and financial or other 
material support provisions. Because the bill makes attempts and 
conspiracies to commit such crimes death penalty eligible, it covers 
those who may have only had a minor role in the offense. If a death 
results, even if it was not the specific intended result, anyone who is 
involved in committing or attempting to commit or conspiring to commit 
the covert offense would be eligible for the death penalty.
  The provisions of this bill create a death penalty liability 
tantamount to a Federal felony murder rule, and it presents 
constitutional issues as well as questions of the appropriateness of 
the death penalty in certain cases.
  The provisions of this bill will be duplicative of state jurisdiction 
laws in many instances and actually conflicting with others. One such 
conflict would be where a State has chosen not to authorize capital 
punishment and the Federal Government pursues the death penalty against 
that State's wishes.
  Another concern we always have to consider is expansion of the death 
penalty when we know that there is a frequent error rate in applying 
the death penalty. One study showed that 68 percent of the death 
penalty decisions by the trial court were eventually overturned.
  Mr. Chairman, there is another conflict or difficulty that will arise 
in the efforts to further international cooperation in pursuing 
suspected terrorists. We are already experiencing difficulties in 
securing the cooperation of

[[Page H6287]]

the rest of the civilized world in bringing terrorists to justice due 
to our existing proliferation of death penalty offenses when other 
countries will not extradite criminals to the United States if they 
will be subject to the death penalty. When we add these difficulties to 
the other controversial issues as to whether someone who supports an 
organization's social or humanitarian programs knows that it has been 
designated as a terrorist organization it can only exacerbate the 
difficulty and further undermine United States efforts.
  Mr. Chairman, I reserve the balance of my time.
  Mr. CARTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would remind my colleague from Virginia that a 
legislative hearing was held before the subcommittee on June 30, 2005 
on which the Justice Department testified in favor of this bill.
  Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Wisconsin 
(Mr. Green).
  Mr. GREEN of Wisconsin. I thank the gentleman for yielding time.
  Mr. Chairman, I rise in support of the gentleman's amendment. The 
gentleman from Virginia just stated that this amendment is 
controversial. I am afraid I disagree. I do not believe it is 
controversial in the least, and I think we will see that when the votes 
are taken.
  Mr. Chairman, we must do everything we can to stop terrorists, and 
that starts with ensuring that all terrorist acts are punished swiftly 
and severely. This amendment sends a clear message that we take 
terrorism seriously, that we understand that terrorist acts are not 
just crimes. They are acts of war, war against our way of life.
  We must not waver in our message to those who wish to threaten the 
values we hold dear. If a terrorist strikes on our soil we owe it to 
the victims of an attack to punish those responsible with the heaviest 
possible penalty, the death penalty. To do less would be a disservice 
to those who have lost their lives and would send a signal of weakness 
to those who are willing to use any means necessary to seek our 
destruction.
  The gentleman from Texas (Mr. Carter) described this amendment very 
well so I will not run through it in detail. But let me say that this 
amendment treats acts of terrorism just like treason or espionage 
because that is what these acts truly are, not only crimes against 
individuals but crimes against our Nation. Anyone who is thwarted in 
their attempt to carry out an attack should not be spared the heaviest 
penalty just because they were caught before they could carry out their 
heinous intentions.
  I was proud to work with the gentleman from Texas (Mr. Carter) on 
this issue. I commend him for carrying this amendment forward. It is 
good work that the gentleman is doing.
  I urge my colleagues to support this amendment. It is very important 
that we send a strong signal to the world that we take these acts 
seriously, and serious acts deserve serious consequences.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, the sponsor of the amendment mentioned that hearing we 
had. I would remind him that the hearing was a hearing on habeas 
corpus, also the same hearing we heard the issue of the question of 
whether the death penalty deters murder or other crimes, and this bill. 
We were given one witness to cover all of that. Our witness covered 
habeas corpus. We did not have the opportunity to invite a witness to 
discuss this bill and the policy implications of death penalty where no 
death occurs and alternate jury rules, peremptory challenges, the 
number of jurors needed to impose a death penalty, all of these death 
penalties involved.
  So to suggest that that was a fair hearing, I think, does not do 
justice to actually what happened on that day and the consideration of 
this bill.
  Mr. Chairman, I yield 2 minutes to the gentlewoman from California 
(Ms. Zoe Lofgren), a member of the committee.
  Ms. ZOE LOFGREN of California. Mr. Chairman, many of us, when we 
think about terrorism, feel exactly the way the proponent of the 
amendment does, that we want to exert maximum force against the 
offender. Those who would kill deserve to pay the ultimate price.

                              {time}  1900

  On the other hand, I am aware that there are people in our country 
and in our Congress who for religious reasons do not believe in the 
death penalty. The Pope did not believe in the death penalty and, 
obviously, he was not for terrorism any more than our religious 
colleagues who have that objection are for terrorism. So I think it is 
important to state that.
  I also want to say I am a member of the Committee on the Judiciary. I 
have been for 10 years. If there was a hearing in the subcommittee that 
I am not a member of all well and good, but I think this amendment 
poses some new things that the full committee would benefit from going 
through. The reduced number of jurors that is being proposed, the 
procedural changes that are quite new, I think, deserve the attention 
of the full committees. It is possible that this measure could run into 
constitutional problems. And I think we would be better served to sort 
through that in a thorough way than to expose these elements of the 
PATRIOT Act to court challenge.
  Finally, I would just say as I said before, even though we seek, 
understandably, retribution against those who would do these horrible 
crimes, I am just skeptical that imposing the death penalty is going to 
deter the suicide bombers. Really, what we need to do is to spend the 
time and the money to take steps to protect ourselves in a more 
thorough way than we have done since 9/11.
  As a member of the Committee on Homeland Security, I am acutely 
aware, and we are on both sides of the aisle, I can tell you of the 
shortfallings that we have in our protection against terrorism.
  Mr. CARTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I am pleased that the President of the United States on 
two occasions has stated that we need to give our law enforcement 
authorities all the tools necessary to fight terrorism, and he agreed 
that he strongly supported the signal of a death penalty to deter this 
criminal acts, these criminal acts that are imposed upon our society.
  When I decided to run for Congress, it was in response to the 9/11 
attack after serving for a long time on the judiciary. I am sponsoring 
this legislation today because in my experience the death penalty does 
deter crimes, and it is my hope and my prayer that this tool given to 
our prosecutors and given to our courts and to our engineers will 
enable us to better protect freedom and protect our citizens from this 
disaster that lurks in the shadows along with these terrorists that 
attack our Nation.
  I thank the gentleman from Wisconsin (Chairman Sensenbrenner) for 
allowing me to offer this amendment and for all the great work that he 
has done on this reenactment of the PATRIOT Act.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself the balance of my 
time.
  As the gentleman said, we had a little piece of a hearing, but it was 
not much; and we did not have the opportunity to discuss this bill. It 
was not marked up in subcommittee or the committee. The committee 
elected not to make it part of the bill, and I would hope that we would 
make the same decision and defer this until it can be appropriately 
considered. I oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from Texas (Mr. Carter).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 14 
printed in House Report 109-178.


                  Amendment No. 14 Offered by Ms. Hart

  Ms. HART. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 14 offered by Ms. Hart:
       Add at the end the following:

[[Page H6288]]

                 TITLE __COMBATING TERRORISM FINANCING

     SECTION _01. SHORT TITLE.

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

     SEC. _02. 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. _03. 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)''.
       (c) Conforming Amendments to Sections 1956(e) and 
     1957(e).--
       (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:
       ``(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.''.

     SEC. _04. 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. _05. 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. _06. 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.
       (c) Conforming Amendments Concerning Conspiracies.--
       (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. _07. 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. _08. 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. _09. 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. _10. 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 Acting CHAIRMAN. Pursuant to House Resolution 369, the 
gentlewoman from Pennsylvania (Ms. Hart) and the gentleman from 
Virginia (Mr. Scott) each will control 5 minutes.
  The Chair recognizes the gentlewoman from Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Chairman, I yield myself such time as I may consume.

[[Page H6289]]

  Mr. Chairman, I rise in support of the amendment. Money is a key 
element of terrorist organizations. If we are to prevent future attacks 
and continue to dismantle terrorist organizations, we must cut off 
their access to funding.
  In order to thwart terrorists financing, President Bush in September 
of 2001 signed an executive order freezing the assets of terrorist 
organizations and their supporters and authorizing the Secretaries of 
Treasury and State to identify, designate, and freeze the U.S.-based 
assets that financially facilitate terrorism.
  Since then, an unprecedented international effort to freeze terrorism 
financing has ensued. This has truly been an international effort with 
173 nations implementing orders to freeze terrorist assets with more 
than 100 countries passing new legislation to fight terrorism 
financing, and 84 countries establishing the Financial Intelligence 
United to share information helping to combat terrorism.
  Terrorist organizations need money, not just to carry out attacks. 
They especially need funding to continue their operations such as 
recruiting and training new terrorists and simply supporting their 
current organizations. One of the most important lessons we have 
learned is exactly how terrorists and other criminal organizations 
transmit money through unregulated financial markets.
  Like the patchwork of terrorist organizations themselves, terrorism 
funding does not come from a single source. Terrorism networks are 
funded through rogue state sponsorship, corrupt charities, and 
illegitimate businesses fronting as legitimate businesses and using 
that money for terrorism, also through exploitation of our legitimate 
markets and financial networks.
  Many terrorist organizations use a network known as hawalas to 
exchange money and finance terrorist activities. These hawalas are an 
informal exchange in which payments are delivered without money 
actually being moved. In addition, terrorists engage in criminal 
activities such as extortion, smuggling and trafficking, credit card 
and identity fraud, and the narcotics trade to fund their murderous 
activities.
  After September 11, our Federal Government acted aggressively through 
domestic and international efforts to halt such activities to prevent 
terrorism financing. Unfortunately, we have learned that these are not 
enough. My amendment would address some of the loopholes.
  One, we increase the penalty for terrorism financing. Under current 
law, violations only carry a $10,000 fine and a 10-year sentence. My 
amendment would increase the fine to $50,000 and the sentence to 20 
years.
  We also update money laundering statutes. They must keep pace to help 
prevent financing of terrorist activities. As Chancellor Gordon Brown 
stated last week, prevention of money laundering is the key element of 
stopping the financing of terrorist groups of the type suspected of 
planning and carrying out the London bombings.
  First, my amendment will add a predicate offense to the money-
laundering statutes, such as operating illegal money laundering and 
transmitting businesses, misuse of Social Security numbers, military-
style training of individuals, and a new terrorism financing offense.
  My amendment also clarifies the law so that a combination of 
transactions or parallel transactions can trigger money-laundering 
statutes.
  Mr. Chairman, our PATRIOT Act added a new forfeiture provision for 
individuals planning or perpetrating the act of terrorism against the 
United States. My amendment adds a parallel provision for individuals 
planning or perpetrating an act of terrorism against a foreign state or 
an international organization acting within the jurisdiction of the 
United States. This amendment builds on our current laws to address 
some of the shortfalls in our laws that we have learned about from our 
law enforcement since 9/11. I encourage my colleagues to support this 
amendment.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
  Ms. HART. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the amendment 
and thank the gentlewoman from Pennsylvania (Ms. Hart) for yielding to 
me and for introducing this amendment.
  Let me say that this amendment makes important improvements in the 
financial provisions of the PATRIOT Act with regard to those who try to 
prevent terrorists from financing their operations. First of all, I 
think that trying to disrupt the terrorism operation is a legitimate 
issue to add to the list of predicate offenses covered under the RICO 
statute.
  I am particularly pleased that there are some changes in the law to 
attempt to get at the informal money-changing operation called hawalas 
when those hawalas are used to finance terrorist organizations, and 
more and more money seems to be transferred through the hawalas system; 
and I am awfully afraid that that is not being done for legitimate 
purposes, but for the fact that the regular banking operations are 
under increasing scrutiny when money transfers take place.
  So I would strongly support the gentlewoman's amendment, and I would 
urge the Committee to adopt it. I thank the gentlewoman for yielding to 
me.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, this amendment emphasizes a point that we are trying to 
do this on the floor without a mark-up, and it may have many unintended 
consequences. Despite the name of the title, the title of the amendment 
is ``Combating Terrorism Financing Act of 2005,'' but if you read the 
provisions, it is not limited to terrorism financing but for all 
violations of economic sanctions imposed under the International 
Emergency Economic Powers Act. I mean, a senior citizen who has 
traveled to Cuba on a bicycle excursion or a clergy attempting to send 
humanitarian services or supplies to Cuba could get caught up in this.
  It talks about misuse of Social Security numbers so if somebody 
misuses a Social Security number to get a job, having nothing to do 
with terrorism, just is cheating to get a job, they could get caught up 
in this. It raises questions about sending money to your relatives back 
home. All of this is implicated in this amendment. It obviously covers 
terrorism, but we do not know what else it covers. People who get 
caught up in this are looking at 20-year sentences.
  Money-laundering statutes are already very broadly written, and this 
just broadens it even further. I would hope we would defeat the 
amendment so we could have some time to make sure it could be limited 
to terrorism financing and just not every violation of the 
International Emergency Economic Powers Act and other kinds of money-
laundering statutes.
  We also have had not an opportunity to hear from people that may be 
involved in this, organizations helping immigrant populations, banks or 
other agencies that may have an interest in this who we just have not 
had time to hear from to know what their reaction would be. So I would 
hope that we would defeat the amendment so we could have more time to 
consider it.
  Mr. Chairman, I yield 1 minute to the gentlewoman from California 
(Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Chairman, having just seen this 
amendment for the first time today, there are questions that are 
raised. I understand what the intent is, and perhaps if this passes we 
can clarify this in a conference committee; but I wonder about the 
liabilities of the banking industry that acts innocently to help 
immigrants transmit funds home.
  The banks in California have been encouraged to regularize the 
remittance program. We talk sometimes about illegal immigration, and 
that is not anything that any of us approve of; but it is not the same 
as terrorism, and it is also not the same as those immigrants. It is 
also a financial services industry.
  I do wish we could have heard from the financial services industry on 
this point because certainly it deserves some clarification. Maybe it 
does not do what has been suggested. We have had some communications 
from those who are concerned it does. But I do want to raise that on 
behalf of the California banking industry that has really stepped up to 
avoid the fraud and crime that has occurred with remittances before 
they did.

[[Page H6290]]

  Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Just to answer a couple of points: what we do in the amendment is to 
help to provide opportunities for a series of predicate offenses. So 
what you get is an opportunity to follow through a number of 
transactions to show that there is money laundering. And we have added 
a couple of new offenses, but there can be a mixture of some legal and 
illegal transactions to do that.
  So if the concern is that a grandmother transmitting money to her 
family or the other way around, it is not going to trigger a problem 
under this amendment. It is very clear that there would have to be a 
series of transactions that are suspect in order for this law to be 
triggered; and, obviously, there has to be some suspicion of financing 
terrorism before law enforcement would move forward with that kind of 
prosecution.

                              {time}  1915

  Mr. SCOTT of Virginia. Mr. Chairman, I yield 30 seconds to the 
gentlewoman from California (Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Chairman, here is my question. 
Section 208 of the Social Security Act apparently states it is illegal 
to use a false Social Security number for activities to obtain 
employment.
  If I am a 14-year-old kid and I go out and make up a Social Security 
number so I can get a job and pretend I am 18, and I get money for it, 
have I violated section 208? And if so, if I deal with a bank, is the 
bank falling afoul of this terrorism statute?
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume to note that these are the kinds of questions which cause 
me to hope we would defeat the amendment.
  Mr. Chairman, I yield the balance of my time to the gentlewoman from 
Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I just want to thank the chairman of the Committee on the 
Judiciary, who supports the amendment, and also the chairman of the 
Committee on Financial Services, who certainly would have been 
concerned if the concern of the gentlewoman from California were a 
legitimate one regarding our language.
  It is very clear that there would have to be a series of 
transactions. That series of transactions would have to lead law 
enforcement to believe that there is a financing of terrorism.
  Mrs. KELLY. Mr. Chairman, I rise in support of this amendment.
  Combating terror finance is a nebulous, often difficult aspect of our 
fight against terrorism. But strength in this area is critical to our 
overall success in detecting, tracking and stopping terrorist activity.
  We've made remarkable progress in this area in the last 4 years in 
developing and sharpening our tools for combating terror finance. But 
we still have more work to do.
  That's why I created with a number of my colleagues the bipartisan 
Congressional Anti-Terrorist Financing Task Force, to bring focus on 
the multitude of policies, agencies and jurisdictions which have a 
bearing on our effort to combat terror finance.
  Like the task force, this amendment offered by my colleague from 
Pennsylvania is representative of the continuing need for improvement.
  It strengthens our ability to detect and disrupt the financial 
lifelines upon which terrorists rely. It sets out severe penalties for 
terror financiers and clarifies the authority of law enforcement to 
investigate and prosecute illicit financial transactions.
  Importantly, this measure acknowledges the vulnerability of informal 
value transfer systems such as hawalas to terrorist finance and money 
laundering.
  This amendment helps the fight against terrorist finance. I encourage 
my colleagues to support the amendment and the underlying bill.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentlewoman from Pennsylvania (Ms. Hart).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. HART. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from 
Pennsylvania (Ms. Hart) will be postponed.
  It is now in order to consider amendment No. 15 printed in House 
Report 109-178.


          Amendment No. 15 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Amendment No. 15 offered by Ms. Jackson-Lee of Texas:
       Add at the end the following:

     SEC. 17. FORFEITURE.

       Section 981(a)(1)(G) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(iv) notwithstanding any other provision of law, shall be 
     subject to execution or attachment in aid of execution in 
     order to satisfy such judgment to the extent of any 
     compensatory damages for which such terrorist organization 
     has been adjudged liable.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the 
gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I 
may consume and would just note that I am attempting to bring it up at 
this time and discuss it, at the same time I am looking to work with my 
chairman, the gentleman from Wisconsin (Mr. Sensenbrenner), so that we 
can move this forward.
  I might also add that the amendment is now Jackson-Lee-Poe.


                         Parliamentary Inquiry

  Mr. SCOTT of Virginia. Mr. Chairman, parliamentary inquiry.
  The Acting CHAIRMAN. The gentleman will state his inquiry.
  Mr. SCOTT of Virginia. Could the chairman explain which amendment is 
being considered at this point?
  The Acting CHAIRMAN. Amendment No. 15.
  Mr. SCOTT of Virginia. Could the Reading Clerk read the amendment?
  The Acting CHAIRMAN. Is the gentlewoman from Texas going to ask 
unanimous consent to modify the amendment?
  Ms. JACKSON-LEE of Texas. Yes, I am, Mr. Chairman.


  Modification to Amendment No. 15 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I ask unanimous consent that 
the amendment to be brought up be as modified.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 15 offered by Ms. Jackson-Lee 
     of Texas:
       In lieu of the matter proposed by the amendment, add at the 
     end of the bill the following:

     SEC. __. SENSE OF CONGRESS.

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

  The Acting CHAIRMAN. Is there objection to the modification offered 
by the gentlewoman from Texas?
  Mr. SENSENBRENNER. Reserving the right to object, let me say that I 
will not object, because I think this modification is a significant 
improvement to the original amendment.
  I realize that this amendment must be further honed, and I pledge to 
the gentlewoman from Texas my cooperation to attempt to do that in 
conference.
  Mr. Chairman, I withdraw my reservation of objection.
  The Acting CHAIRMAN. Is there objection to the modification offered 
by the gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I 
may consume; and, as I indicated, this amendment is offered by myself 
and my colleague, the gentleman from Texas (Mr. Poe). I thank the 
distinguished gentleman from Wisconsin for his cooperation in working 
to have this amendment be included in the final legislation as it is a 
sense of Congress amendment that I think makes a very important 
statement.
  The proposal relates to the civil forfeiture provision of 18 U.S.C. 
981, and would add a section that would allow civil plaintiffs to 
attach judgments to collect compensatory damages for which a terrorist 
organization has been

[[Page H6291]]

adjudged liable and from the pool of assets that have been forfeited 
under section 981.
  This is distinctive, Mr. Chairman, because this pertains to 
circumstances of terrorism but not necessarily in circumstances when we 
are at war.
  My amendment seeks to allow victims of terrorism who obtain civil 
judgments for damages caused in connection with the acts to attach 
foreign or domestic assets held by the United States Government under 
18 U.S.C. Section 981(G) calls for the forfeiture of all assets, 
foreign or domestic, of any individual entity or organization that is 
engaged in planning or perpetrating any act of domestic or 
international terrorism.
  As we look at H.R. 3199, the PATRIOT Act, it misses the opportunity 
to in fact allow victims to satisfy judgments. That is the key. For 
example, the Sobero case, where the gentleman from Riverside, 
California, was beheaded by Abu Sayyaf, leaving his children 
fatherless. The administration responded to this incident by sending a 
thousand Special Forces officers to track down the perpetrators, yet 
the family of this decreased could not claim any compensation for the 
tragedy that occurred.
  The same thing occurred with the Iran hostages, which many of us are 
familiar with, but are my colleagues aware of the situation with our 
American servicemen who were harmed in the Libyan-sponsored bombing of 
the La Belle disco in Germany? They were obstructed from being able to 
enforce judgments that they received against the terrorist-sponsored 
attack and the attack that was sponsored by Libya.
  In addition, a group of American prisoners tortured in Iraq during 
the Persian Gulf War were barred from collecting their judgment from 
the Iraqi government.
  I do believe in conference we will have the opportunity to vet this 
and to work with all the parties concerned to finally bring some relief 
on this issue. Many Members have attempted to bring about relief in 
special claims for their particular individual constituents in their 
particular jurisdictions. Fortunately, in the opportunity we have 
today, by including this sense of Congress in the PATRIOT Act we will 
finally get both our debate and we will get action.
  Mr. Chairman, I bring attention as well to the World Trade Center 
bombing victims who were barred from obtaining judgments against the 
Iraqi government. In their claim against the Iraqi Government, the 
victims were awarded $64 million against Iraq in connection with the 
September 20, 2001, attack. However, they were rebuffed in their 
efforts to attach the vested Iraqi assets. While the judgment rendered 
was sound, the Second Circuit Court of Appeals affirmed the lower 
court's finding that the Iraqi assets, now transferred to the U.S. 
Treasury, were protected by U.S. sovereign immunity and were 
unavailable for judicial attachment.
  One major problem that frustrates the objective of my amendment is 
the fact that information is not publicly available regarding the 
amount and or kind of civil forfeitures made to date. So this amendment 
will allow the full discussion by a sense of Congress of what would be 
the right process to proceed, balancing the needs of the government, 
balancing the needs of the victims of terrorism, balancing the question 
of justice, and, yes, balancing the responsible actions under the 
PATRIOT Act, protecting us against terrorism but then, when we are 
victims of terrorism, to give us the opportunity for relief.
  I would hope my colleagues would support this amendment so we can 
carry this forward into conference and be able to provide the kind of 
leadership necessary for the throngs of victims, those who have already 
suffered, and we hope not, but for those who may suffer in the future.
  I would say that absent this public disclosure of this very 
substantial information; that is; about the assets, it is very 
difficult for compensation even to be requested. So I think that we 
will have an opportunity to address these concerns, balance the needs 
of the government in its need to protect certain information, and give 
relief to many Americans.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I have an amendment at the 
desk that has been made in order by the Committee on Rules, Jackson-Lee 
No. 42. This proposal relates to the civil forfeiture provision of 18 
U.S.C. 981 and would add a section that would allow civil plaintiffs to 
attach judgments to collect compensory damages for which a terrorist 
organization has been adjudged liable and from the pool of assets that 
have been forfeited under Section 981.
  My amendment seeks to allow victims of terrorism who obtain civil 
judgment for damages caused in connection with the acts to attach 
foreign or domestic assets held by the United States Government under 
18 U.S.C. 981(G). Section 981(G) calls for the forfeiture of all 
assets, foreign or domestic, of any individual, entity, or organization 
that has engaged in planning or perpetrating any act of domestic or 
international terrorism against the United States, citizens or 
residents of the United States.
  The legislation, H.R. 3199, as drafted, fails to deal with the 
current limitation on the ability to enforce civil judgments by victims 
and family members of victims of terrorist offenses. There are several 
examples of how the current Administration has sought to bar victims 
from satisfying judgments obtained against the government of Iran, for 
example.
  In the Sobero case, a U.S. national, Guillermo Sobero of Riverside 
County, CA, was beheaded by Abu Sayyaf, an Al-Qaeda affiliate, leaving 
his children fatherless. The Administration responded to this incident 
by sending 1,000 Special Forces officers to track down the 
perpetrators, and the eldest child of the victim was invited to the 
State of the Union Address. Abu Sayyaf's funds have been seized and are 
held by the U.S. Treasury at this time. The family of the victim should 
have access to those funds, at the very least, at the President's 
discretion.
  Similarly, the Administration barred the Iran hostages that were held 
from 1979-1981 from satisfying their judgment against Iran. In 2000, 
the party filed a suit against Iran under the terrorist State exception 
to the Foreign Sovereign Immunity Act. While a federal district court 
held Iran to be liable, the U.S. government intervened and argued that 
the case should be dismissed because Iran had not been designated a 
terrorist state at the time of the hostage incident and because of the 
Algiers Accords--that led to the release of the hostages, which 
required the U.S. to bar the adjudication of suits arising from that 
incident. As a result, those hostages received no compensation for 
their suffering.
  Similarly, American servicemen who were harmed in a Libyan sponsored 
bombing of the La Belle disco in Germany were obstructed from obtaining 
justice for the terrorist acts they suffered. While victims of the 
attack pursued settlement of their claims against the Libyan 
government, the Administration lifted sanctions against Libya without 
requiring as a condition the determination of all claims of American 
victims of terrorism. As a result of this action, Libya abandoned all 
talks with the claimants. Furthermore, because Libya was no longer 
considered a state sponsor of terrorism, the American servicemen and 
women and their families were left without recourse to obtain justice. 
The La Belle victims received no compensation for their suffering.
  In addition, a group of American prisoners who were tortured in Iraq 
during the Persian Gulf War were barred from collecting their judgment 
from the Iraqi government. Although the 17 veterans won their case in 
the District Court of the District of Columbia, the Administration 
argued that the Iraqi assets should remain frozen in a U.S. bank 
account to aid in the reconstruction of Iraq. Claiming that the 
judgment should be overturned, the Administration deemed that the 
Reconstruction effort was more important than recompensing the 
suffering of fighter pilots who, during their 12 year imprisonment, 
suffered beatings, burns, and threats of dismemberment.
  Finally, the World Trade Center bombing victims were barred from 
obtaining judgment against the Iraqi government. In their claim against 
the Iraqi government, the victims were awarded $64 million against Iraq 
in connection with the September 2001 attacks. However, they were 
rebuffed in their efforts to attach the vested Iraqi assets. While the 
judgment rendered was sound, the Second Circuit Court of Appeals 
affirmed the lower court's finding that the Iraqi assets, now 
transferred to the U.S. Treasury, were protected by U.S. sovereign 
immunity and were unavailable for judicial attachment.
  One major problem that frustrates the objective of my amendment is 
the fact that information is not publicly available regarding the 
amount and/or kind of civil forfeitures made to date. The Executive 
Branch of our Government has suggested that it has no duty to disclose 
either the identity of the parties who own civilly forfeited property 
or the amounts forfeited to date. Absent public disclosure of this very 
substantive information, it is very difficult for compensation to even 
be requested--let alone expected for victims of horrific acts of 
terrorism.

[[Page H6292]]

  Right now, H.R. 3199 is the most appropriate and timely vehicle in 
which to address this issue and allow U.S. victims of terrorism to 
obtain justice from terrorist-supporting or terrorist-housing nations.
  The Jackson-Lee Amendment protects terror victims' rights.
  Domestic and international terrorism should not be facilitated by 
barring successful plaintiff-victims from enforcing valid judgments.
  In closing, Mr. Chairman, let me thank the chairman of the full 
committee and the ranking member and the ranking member of the 
subcommittee for their leadership on this whole entire issue of 
protecting Americans against terrorism and including in that protection 
of their civil liberties.
  This amendment will not only protect Americans against the dangers of 
life and limb and the loss of life, but give them relief in our courts. 
I ask my colleagues to support this amendment sponsored by myself and 
my colleague, the gentleman from Texas (Mr. Poe), a sense of Congress 
amendment to provide relief to Americans victimized by terrorism.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson-Lee), as modified.
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas (Ms. 
Jackson-Lee), as modified, will be postponed.
  It is now in order to consider amendment No. 16 printed in House 
Report 109-178.


                  Amendment No. 16 Offered by Mr. Hyde

  Mr. HYDE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 16 offered by Mr. Hyde:
       Add at the end the following:

     SEC. __. 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)).''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from Illinois (Mr. Hyde) and the gentleman from Virginia (Mr. Scott) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Hyde).
  Mr. HYDE. Mr. Chairman, I yield myself 4 minutes, and I am very 
pleased to offer an amendment to the USA PATRIOT Reauthorization Act 
which deals with the new reality of overlapping links between illicit 
narcotics and global terrorism. Evidence of this deadly and emerging 
symbiotic relationship is overwhelming. My amendment creates a new 
crime that will address and punish those who would use these illicit 
narcotics to promote and support terrorism.
  The Committee on International Relations recently held a hearing on 
Afghanistan in which our well-informed Drug Enforcement Administration 
conservatively estimated that nearly half of the formerly designated 
foreign terrorist organizations have links to illicit narcotics. It has 
been widely reported that the Madrid train terrorist bombings were 
partially financed by hashish money.
  In Colombia, the Revolutionary Armed Forces of Colombia and the AUC, 
which are two of these FTOs, thrive on the drug trade, supporting and 
sustaining themselves with illicit proceeds. My amendment, recognizing 
this new and deadly reality, makes it a Federal crime under the 
Controlled Substance Import and Export Act to engage in drug 
trafficking that directly or indirectly aids or provides support, 
resources, or any pecuniary value to a foreign terrorist organization 
or any person or group planning, preparing for, or carrying out a 
terrorist offense. The amendment provides very tough penalties, 
consistent with the serious nature of this crime.
  As provided in my amendment, it will no longer be necessary for our 
overworked DEA and other law enforcement agencies abroad to be looking 
for a U.S. nexus to illicit drug shipments and drug traffickers who are 
engaging in this deadly trade which supports global terrorism.
  Mr. Chairman, I urge adoption of my amendment which will give the 
tools to our law enforcement personnel in their ongoing global fight 
against terrorism.
  Mr. Chairman, I reserve the balance of my time.
  The Acting CHAIRMAN. The Committee will rise informally.
  The SPEAKER pro tempore (Mr. Souder) assumed the chair.




                          ____________________




[Pages H6273-H6292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

  The SPEAKER pro tempore. Pursuant to House Resolution 369 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 3199.

                              {time}  1757


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 3199) to extend and modify authorities needed to combat 
terrorism, and for other purposes, with Mr. Hastings of Washington 
(Acting Chairman) in the chair.

[[Page H6274]]

  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, amendment No. 8 printed in part B of House Report 109-178, 
offered by the gentleman from Arizona (Mr. Flake), had been disposed 
of.
  It is now in order to consider amendment No. 9 printed in House 
Report 109-178.


                 Amendment No. 9 Offered by Mr. Berman

  Mr. BERMAN. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Berman:
       Add at the end the following:

     SEC. 17. 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.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from California (Mr. Berman) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California (Mr. Berman).


   Request for Modification to Amendment No. 9 Offered by Mr. Berman

  Mr. BERMAN. Mr. Chairman, I ask unanimous consent that my amendment 
be modified by the modification at the desk.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to Amendment No. 9 by Mr. Berman:
       In lieu of the matter proposed to be inserted as section 
     17(a)(2)(H), insert the following:
       ``(H) Any necessary classified information, other than 
     intelligence sources and methods, in a classified annex that 
     shall be available to the Committee on the Judiciary of both 
     the House and the Senate, the House Permanent Select 
     Committee on Intelligence, and the Senate Select Committee on 
     Intelligence.
       (I) Any information that would reveal intelligence sources 
     and methods shall be available in a classified annex to the 
     House Permanent Select Committee and the Senate Select 
     Committee on Intelligence.''

  The Acting CHAIRMAN. Is there objection to the modification offered 
by the gentleman from California?
  Mr. SAXTON. Reserving the right to object, Mr. Chairman, I am in 
strong opposition to the underlying amendment, and I also have great 
concerns about the unanimous consent request.
  Mr. Chairman, I believe the unanimous consent request is designed to 
make minimal changes in the underlying amendment. I also believe that 
the unanimous consent request is designed to make the bill less 
objectionable to some Members and thereby encourage them to vote for 
it.

                              {time}  1800

  I am so opposed to the underlying amendment that I am therefore 
opposed to the unanimous consent request.
  Mr. BERMAN. Mr. Chairman, will the gentleman yield?
  Mr. SAXTON. I yield to the gentleman from California.
  Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding to me.
  Basically, this is an amendment supported, I am happy to say, by the 
chairman of the Committee on the Judiciary, that simply does one thing: 
It requires the Attorney General to report to Congress once a year on a 
survey that it seeks from other agencies of the Federal Government 
surveying data-mining technologies in use or in development at federal 
departments and agencies. The modification that I seek simply makes 
clear that, first of all, any classified information will be submitted 
in a classified annex and, secondly, that any information regarding 
data-mining technologies that deals with the sources, intelligence 
sources and methods, will be available only in the annex to the House 
Permanent Select Committee on Intelligence and the Senate Select 
Committee on Intelligence; in other words, that to the extent this 
survey produces anything which should either be classified or deals 
with sources and methods, the traditional procedures for where that 
material goes will be maintained.
  Mr. SAXTON. Mr. Chairman, further reserving the right to object, I 
appreciate the gentleman's explanation. The underlying amendment makes 
unnecessary disclosure of very sensitive information. It is burdensome 
upon each of the departments that it requires this disclosure to be 
brought forward, and as a matter of fact, the explanation that the 
gentleman just gave saying that makes it only available to HPSCI and 
SSCI, the two intelligence committees, does not include the Committee 
on Armed Services, which has great responsibility for military defense 
intelligence.
  So I do object, Mr. Chairman.
  The Acting CHAIRMAN. Objection is heard.
  The Chair recognizes the gentleman from California (Mr. Berman).
  Mr. BERMAN. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, I have indicated to the body what my intention was, and 
it will be my intention and one to be part of the legislative history 
that we will ensure that, before this bill becomes law, information 
about sources and methods go just where they have always gone. The 
Committee on Armed Services does not get this information. Only the 
Permanent Select Committee on Intelligence gets this information. The 
gentleman was wrong in his characterization.
  Secondly, this imposes absolutely no burden on any other agency of 
government other than the Attorney General and the Justice Department. 
It lays out information that the Attorney General should seek from 
other agencies. It imposes no obligation on those agencies to respond. 
It does not encumber any sources or funds they do not want to spend, 
and it simply asks the Attorney General to then compile

[[Page H6275]]

whatever information those agencies have chosen to provide to the 
Attorney General into a report which will be sent public in the case of 
information which is not sensitive and classified in an annex 
classified where it does involve such information.
  There is not one word in this bill that imposes a single mandate on 
any other federal agency. The only obligation on the Attorney General 
is to seek this information from the other agencies. There are no 
sanctions. There are no mandates. There is no compulsion.
  The reason, I would suggest to this body, that we will hear some 
people raising concerns is because the Justice Department has 
misrepresented the obligations of both it and other agencies under this 
amendment.
  The need for this amendment is that we have wasted millions and 
millions of dollars on implementing database-mining activities which, 
when they became public, produced such an outrage they were canceled. 
We are trying to get an early start, show the people that these efforts 
are protected, that they are targeted at sensitive information.
  We could have introduced a bill or offered an amendment to ban data 
mining. We did not do that. There is legislation to do that. We do not 
want to tie the hands of our security agencies in gathering this 
information. We simply want to provide a logical mechanism to gather 
the information so that the American people can feel more comfortable 
that what is being done is protected.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HOEKSTRA. Mr. Chairman, I rise, reluctantly, to claim the time in 
opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from Michigan (Mr. Hoekstra) is 
recognized for 5 minutes.
  Mr. HOEKSTRA. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I rise in opposition to the amendment.
  Earlier this afternoon my colleague and I talked about potential ways 
to fix this amendment, and I think that we reached a consensus as to 
perhaps how we could address the issues that we were concerned about 
from an intelligence standpoint. But with the lack of the unanimous 
consent request being accepted and also as we went through the process 
this afternoon, we found out that a number of other chairmen also had 
concerns about this amendment and how it might impact the various 
government agencies that they had responsibilities for. Those include 
the gentleman from California (Chairman Hunter) from the Committee on 
Armed Services, the gentleman from Ohio (Chairman Oxley) from the 
Committee on Financial Services, the gentleman from Virginia (Chairman 
Tom Davis) from the Committee on Government Reform, and the gentleman 
from Illinois (Chairman Hyde) from the Committee on International 
Relations.
  But specifically what happens here, the amendment in its base form, I 
think, provides a potential to tip off terrorists to our intelligence 
activities. It undermines terrorism investigations and perhaps will 
disclose our intelligence sources and methods. The amendment requires 
every federal department or agency publicly to report about its 
information gathering. It requires exhaustive and detailed reporting on 
how information is collected from public and certain government 
databases and what kind of information is collected and how it will be 
used.
  In many contexts this report will be a reasonable effort to protect 
privacy interests. In the intelligence and terrorism context, however, 
this amendment threatens to seriously undermine our national security 
interests.
  I have a great degree of confidence that, as we move forward, we will 
be able to reach accommodation. We just could not do it this afternoon 
with the number of other committees that also had expressed concerns 
with this amendment.
  I look forward to working with my colleague, to working with our 
other chairmen to put this amendment in a proper context. Right now it 
would be foolish to potentially tip off al Qaeda, other terrorist 
groups by providing them with any information, with providing them a 
detailed roadmap of the sources and methods we are using to find them 
and follow their activities.
  At this time in this format, this amendment is unwise, potentially 
harmful to our national security, and I reluctantly urge our Members to 
oppose it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BERMAN. Mr. Chairman, I yield 1 minute to the gentleman from 
Wisconsin (Mr. Sensenbrenner), chairman of the Committee on the 
Judiciary.
  Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the Berman-
Delahunt amendment. All it does is require a report to Congress on data 
mining by agencies.
  Let me say why this is important. At the end of the last decade, 
before 9/11 and before the PATRIOT Act was even considered, the FBI had 
set up a data-mining operation that went far beyond criminal and 
intelligence investigations and compromised the privacy of literally 
millions of Americans, and this was done without the knowledge of the 
Congress of the United States, and it was only as a result of the fact 
that it did not work and they wasted all of this money that the 
Congress found out about it.
  So I think that before any of the agencies go down this route, there 
ought to be at least a tip-off to the Members of Congress. I grant the 
Members that the amendment probably is not properly drafted and we can 
fix this in conference, and I appreciate the commitment of the chairman 
of the Permanent Select Committee on Intelligence to do that, but I do 
not think we should turn it down and send a message to the agencies 
that they can data mine all they want and we are not going to do 
anything about it.
  Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Thornberry).
  Mr. THORNBERRY. Mr. Chairman, I thank the chairman for yielding me 
this time.
  Mr. Chairman, I think we can meet some of the concerns expressed so 
far without adopting this amendment.
  Let us just back up for just a second. There is a lot of individual 
information somewhere in the country in little pieces. The challenge we 
have in the war on terrorism is looking around for those pieces that 
matter and trying to fit them together. That is really what data mining 
is. It is looking at various databases and coming up with the relevant 
pieces of information and helping us to form a picture about what 
really happens.
  There has been some misunderstanding and I think some undue 
controversy about that for we will never get all those pieces of 
information together without these tools that help us do so. To the 
extent this amendment adds additional reporting requirements and sends 
a message that we want to discourage them in various agencies from 
using those tools, I think, does a disservice.
  Maybe there are some protections that we can come up with that help 
address the concerns of the chairman of the Committee on the Judiciary, 
but I think to simply add more reporting requirements and have these 
people filling out more paperwork when they really ought to be figuring 
out who the terrorists are and what they are up to is a misuse of their 
time.
  Mr. BERMAN. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in the course of yielding to my next speaker, I just 
want to remind the body it is one report, once a year, with anything 
that would tip off anybody about anything that we would not want to 
happen to be in a classified form, even in the amendment form without 
modification.
  Mr. Chairman, I yield 1 minute to the gentlewoman from California 
(Ms. Harman), ranking member of the Permanent Select Committee on 
Intelligence.
  Ms. HARMAN. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I rise in support of his amendment. As the chairman of the 
Permanent Select Committee on Intelligence just said, we did try to 
work out a unanimous consent request. We agreed among us, but, sadly, 
others in this body did not agree.
  The chairman of the Committee on the Judiciary is right. This is a 
modest amendment that will yield good information so that we will 
proceed to do data mining in an efficient way consistent with 
protecting the civil liberties of law-abiding Americans. That

[[Page H6276]]

is all it does. It requires only the Justice Department to prepare a 
report, not the Defense Department and not other departments in the 
government.
  So my view is that we should vote for this amendment now and perfect 
it later. I agree with the chairman of the Committee on the Judiciary. 
It will help us do data mining the right way, and America will be safer 
for it.
  Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from 
California (Mr. Hunter), the chairman of the Committee on Armed 
Services.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I want to join with the chairman of the Permanent Select Committee on 
Intelligence in opposing this amendment and just making the point that 
sources and methods are important. His analysis and the analysis of his 
experts and ours is that this would indeed compromise those 
capabilities.
  I think it is a real mistake to pass this amendment. I would hope the 
House votes it down.
  Mr. BERMAN. Mr. Chairman, I yield myself 15 seconds.
  The cynicism sometimes stuns me. I offered an amendment to ensure 
that sources and methods only go to the Permanent Select Committee on 
Intelligence, and a member of the Committee on Armed Services objects, 
and then the chairman says we are not protecting sources and methods so 
he has to oppose it.
  Mr. Chairman, I reserve the balance of my time.

                              {time}  1815

  Mr. HOEKSTRA. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, as I indicated earlier, the Berman amendment would 
potentially undermine the intelligence community's ability in the 
current form to collect information on terrorists by tipping the 
terrorists off to our sources and methods.
  The amendment would require disclosure of data mining sources and 
methods used to collect information on terrorists and contains no 
exemption for national security purposes.
  The House has worked to increase the use of open source and other 
information against foreign terrorists and others who seek to harm the 
United States. The amendment applies onerous reporting requirements 
that could dramatically restrict the use of such technologies to use 
such resources to discover and respond to terrorist activities.
  Finally, it would divert scarce government resources away from the 
most critical fight that we have today, the fight against terror.
  Join me, the gentleman from California (Mr. Hunter), the gentleman 
from (Mr. Oxley), the gentleman from Virginia (Mr. Tom Davis), and the 
gentleman from Illinois (Mr. Hyde) in opposing this amendment; not the 
direction the amendment wants to go, but in the way this amendment is 
crafted at this time and in this bill.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BERMAN. Mr. Chairman, I yield the balance of my time to the 
gentleman from Massachusetts (Mr. Delahunt), the cosponsor of this 
amendment.
  The Acting CHAIRMAN (Mr. Hastings of Washington). The gentleman from 
Massachusetts (Mr. Delahunt) is recognized for 45 seconds.
  Mr. DELAHUNT. Mr. Chairman, this has absolutely nothing to do 
whatsoever with sending messages about terrorism. It is trying to find 
out what is happening in the Federal Government today, and we do not 
know. We have heard a lot today about oversight and accountability. 
That is what we are trying to do here.
  Remember the so-called Total Information Program that was the 
brainchild of the former National Security Administrator that we funded 
to the tune of $170 million, and then defunded it? It was too late. We 
wasted $170 million. That is what this is about. It is providing the 
tools to the United States Congress to do its constitutional job of 
oversight.
  Mr. Chairman, do you know what? We do not know what is happening. 
That is the real secret as far as the American people are concerned. We 
stumble on these things.
  Mr. OXLEY. Mr. Chairman, I rise in opposition to the amendment. I am 
particularly concerned about the burdens the amendment would place on 
two law enforcement entities within the jurisdiction of Committee on 
Financial Services. Under this amendment, both the Office of Foreign 
Assets Control (OFAC) and the Financial Crimes Enforcement Network 
(FinCen), which are components of the Treasury Department that are on 
the front lines of our country's efforts to detect and combat terrorist 
financing, would be required to divert already scarce resources away 
from law enforcement in order to comply with the amendment's overly 
broad and unrealistic reporting requirements. Instead of monitoring 
suspicious financial activity and following money trails that can lead 
investigators to terrorist plots like the ones we have seen in recent 
days in London, OFAC and FinCen would need to interpret undefined and 
ambiguous terms used in the amendment such as ``specific individual's 
personal identifiers'' or engage in analyzing all laws and regulations 
governing various types of information in question.
  The Committee I chair has extensive experience in the financial 
services area with regimes that permit individuals to ``opt out'' of 
information sharing arrangements. Such regimes require careful 
balancing of personal privacy and law enforcement and national security 
priorities and cannot be drafted on the fly without extensive 
consultation with all interested parties. This amendment, in my 
judgment, falls far short of the mark. I urge a ``no'' vote.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Berman).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. BERMAN. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Berman) will be postponed.
  It is now in order to consider amendment No. 10 printed in House 
Report 109-178.


    Amendment No. 10 Offered by Mr. Daniel E. Lungren of California

  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I offer an 
amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Daniel E. Lungren of 
     California:
       Add at the end the following:

     SEC. ___. 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
       (C) by inserting before ``section 1992 (relating to 
     wrecking trains)'' the following: ``, section 930(c) 
     (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''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from California (Mr. Daniel E. Lungren) and a Member opposed will each 
control 10 minutes.
  The Chair recognizes the gentleman from California (Mr. Daniel E. 
Lungren).
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I yield myself 
such time as I may consume.
  Mr. Chairman, this is a fairly straightforward amendment. This 
amendment deals with the predicate for the use of wiretaps under the 
Federal Code.
  Current law may not authorize the use of electronic surveillance in 
criminal investigations of certain other crimes that terrorists are 
likely to commit. This amendment would fill in a gap in the law by 
adding six other predicates for the electronic surveillance and 
monitoring under 18 U.S.C. 2516(1).

[[Page H6277]]

  While we were considering this bill in committee, the gentleman from 
California (Mr. Schiff) had an amendment which added a number of 
offenses to the wiretap statute. They went all the way from fraud and 
misuse of visas and violence at international airports, to offenses 
relating to torture, offenses relating to terrorist attacks against 
mass transportation, offenses of military-type training from foreign 
terrorists, offenses related to explosive materials.
  There are a number of others that I believe should be in that same 
category that, unfortunately, we did not include when we considered his 
amendment. This proposed language would permit the interception by wire 
or by oral surveillance if the interception would provide evidence of 
six different types of crimes:
  One, arson within special maritime and territorial jurisdiction;
  Two, offenses relating to plastic explosives;
  Three, offenses related to attack on Federal facility with firearm;
  Four, conspiracy to harm persons or property overseas;
  Five, offenses relating to assault on a flight crew with dangerous 
weapon;
  Six, offenses related to explosive or incendiary devices, or 
endangerment of human life, by means of weapons on an aircraft.
  This amendment does nothing, nothing whatsoever, to affect the 
standard of obtaining a wiretap. That remains the same. Rather, it 
merely takes offenses which have a nexus with terrorism and gives law 
enforcement the additional investigative tool to undercover evidence of 
their commissions through a wire or oral surveillance.
  The ability of law enforcement to intercept communications related to 
these terrorism-related offenses is a critical aspect of the effort, 
not only of uncovering evidence of the most dangerous life-threatening 
activity, but also in strengthening our ability to apprehend these 
perpetrators before they inevitably strike again.
  That is probably the major focus of our efforts with this bill; that 
is, how do we apprehend these perpetrators before they strike? Such 
surveillance will better enable law enforcement to be proactive in 
preventing future terrorist attacks.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. DANIEL E. LUNGREN of California. I yield to the gentleman from 
Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I support the gentleman's amendment 
and I hope we can adopt it fairly quickly. What this amendment does is 
simply add the following predicates to allow law enforcement to go to a 
judge to seek a wiretap order: Crimes of terrorism such as arson, 
plastic explosives, attacks on a Federal facility with firearms, and 
conspiracy to harm persons or property overseas.
  I think all of these are legitimate predicates. I would hope the 
gentleman's amendment is adopted, and thank him for yielding.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I reserve the 
balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I ask unanimous consent to claim 
the time in opposition, but I am not opposed to the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The Acting CHAIRMAN. The gentleman from Virginia (Mr. Scott) is 
recognized for 10 minutes.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, this expands the wiretap authority, but it limits the 
expansion to cases of terrorism. I would say to the gentleman from 
California and to the chairman, if the rest of the bill had been 
limited to terrorism, we would not have to be sitting up here arguing 
half the night.
  I agree with the gentleman, we want to be tough on terrorism, but we 
don't want to open up the entire criminal code to these very expansive 
powers. So in this case, I think it is an appropriate expansion of the 
wiretap because it is limited to terrorism, and I thank the gentleman 
for the amendment.
  Mr. Chairman, I yield such time as she may consume to the gentlewoman 
from California (Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Chairman, I would like to concur 
with the comments made by the ranking member, the gentleman from 
Virginia (Mr. Scott), and to thank my colleague from California for the 
amendment, and just note that as I read through it and agreed with 
this, and I thank the gentleman for offering the amendment, it occurs 
to me that there are a few other items that perhaps should have been 
included, and I am hopeful that the committee might, we do not have a 
sunset, but we might actually spend some time scrubbing the code and 
making sure that we have scooped them all up in an appropriate way.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I ask for an aye 
vote, and I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from California (Mr. Daniel E. Lungren).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 11 
printed in House Report 109-178.


                 Amendment No. 11 Offered by Mr. Schiff

  Mr. SCHIFF. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Schiff:
       Add at the end the following:

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

     SEC. _01. SHORT TITLE.

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

     SEC. _02. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

       (a) In General.--Section 1036 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) any secure or restricted area of any seaport, 
     designated as secure in an approved security plan, as 
     required under section 70103 of title 46, United States Code, 
     and the rules and regulations promulgated under that section; 
     or'';
       (2) in subsection (b)(1), by striking ``5 years'' and 
     inserting ``10 years'';
       (3) in subsection (c)(1), by inserting ``, captain of the 
     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.''.

       (c) Definition of Seaport.--Chapter 1 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``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. _03. 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--

[[Page H6278]]

       ``(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. _04. 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;
       (C) in paragraph (3)--
       (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. _05. 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. _06. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

       (a) Transportation of Dangerous Materials and Terrorists.--
     Chapter 111 of title 18, as amended by section _05, 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

[[Page H6279]]

     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 _05, 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. _07. 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. _08. 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''
       (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

[[Page H6280]]

     successor system, by no later than December 31, 2006.

     SEC. _09. 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. _10. 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. _11. 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. _11. 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. _12. 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.''.

       (c) Specified Unlawful Activity.--Section 1956(c)(7)(D) of 
     title 18, United States Code, is amended by inserting 
     ``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''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from California (Mr. Schiff) and a Member opposed each will control 10 
minutes.
  The Chair recognizes the gentleman from California (Mr. Schiff).
  Mr. SCHIFF. Mr. Chairman, I yield myself 2\1/2\ minutes.
  Mr. Chairman, earlier this year I introduced the Reducing Crime and 
Terrorism at America's Seaports Act of 2005 along with my colleague the 
gentleman from North Carolina (Mr. Coble), chairman of the Committee on 
the Judiciary Subcommittee on Crime, Terrorism, and Homeland Security. 
Our legislation is aimed at filling a gaping hole in our defense 
against terrorism and making America's ports, passengers and cargos 
safer.
  Today, I offer the text of this important legislation as an amendment 
to the PATRIOT reauthorization bill, joined by my colleague the 
gentleman from North Carolina (Chairman Coble) of the Committee on the 
Judiciary, as well as the gentleman from Virginia (Mr. Forbes), another 
colleague on the Committee on the Judiciary.
  There are 361 seaports in the United States that serve essential 
national interests by facilitating the flow of trade and the movement 
of cruise passengers, as well as supporting the effective and safe 
deployment of U.S. Armed Forces. These seaport facilities and other 
marine areas cover some 3.5 million square miles of ocean area and 
95,000 miles of coastline.
  Millions of shipping containers pass through our ports each month. A 
single container has room for as much as 60,000 pounds of explosives, 
10 to 15 times the amount in the Ryder truck used to blow up the Murrah 
Federal Building in Oklahoma City. When you consider that a single ship 
can carry as many as 8,000 containers at one time, the vulnerability of 
our seaports is alarming.
  Many seaports are still protected by little more than a chain link 
fence and in far too many instances have no adequate safeguards to 
ensure that only authorized personnel can access sensitive areas of the 
port. If we allow this system to continue unchecked, it may be only a 
matter of time until terrorists attempt to deliver a weapon of mass 
destruction to our doorstep via truck, ship or cargo container.
  Strengthening criminal penalties, as the gentleman from North 
Carolina (Chairman Coble) and I proposed with our bill and in this 
amendment, is one way we can make our Nation's ports less vulnerable by 
filling this hole in our defense against terrorism and making America's 
ports, passengers and cargo safer.
  This amendment makes common sense changes to our criminal laws to 
deter and prevent terrorist attacks on our ports, our sea vessels, and 
cracks down on the theft and smuggling of cargo.
  I want to be clear, our amendment is intended to go after terrorists, 
terrorist acts and other dangerous felons. There is no intention to 
reach accidents or other unintentional acts that might occur at 
seaports.
  A substantially similar bipartisan version of our legislation has 
already been reported favorably by the Senate Judiciary Committee and 
is awaiting action by the full Senate.
  Mr. Chairman, I reserve the balance of my time.

[[Page H6281]]

  Mr. SENSENBRENNER. Mr. Chairman, I ask unanimous consent claim the 
time in opposition, even though I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Wisconsin 
(Mr. Sensenbrenner) is recognized for 10 minutes.
  There was no objection.
  Mr. SENSENBRENNER. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I support this amendment and hope that the committee 
adopts it. It provides basic and much-needed protections for our 
Nation's seaports, and it does so by strengthening the criminal code in 
various areas where our seaports would be vulnerable to either a 
criminal act or a terrorist act.
  Let me state, however, that the Congress has not been sitting idly by 
since 9/11 on the issue of protecting seaport security. The container 
security initiative was passed by this Congress several years ago and 
is being implemented, both in terms of better targeting of containers 
that come into our ports, as well as security at the ports and 
screening before the cargo actually arrives. But in terms of people 
breaking into our ports, perhaps putting bad materials such as bombs or 
biological or chemical materials in our ports and in the containers in 
our ports, this is an amendment that is extremely essential.
  For that reason, I would urge its adoption.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SCHIFF. Mr. Chairman, I am proud to yield 2 minutes to the 
gentleman from North Carolina (Mr. Coble), the chairman of the 
subcommittee and a lead cosponsor of this amendment. I want to thank 
the chairman for his important work to bring this issue before the 
House.
  Mr. COBLE. Mr. Chairman, I thank the gentleman from California for 
yielding me time.
  Mr. Chairman, I rise in support of the amendment to reduce crime and 
terrorism at America's seaports. This amendment is long overdue and 
reflects the hard work and dedication of my colleagues, the gentleman 
from California (Mr. Schiff), the gentleman from Virginia (Mr. Forbes) 
and the gentleman from Florida (Mr. Stearns) to an issue of critical 
importance to our Nation's safety. I want to thank all of them for 
their effort to this end.
  The amendment that we are offering today will protect our seaports by 
controlling access to seaports on sensitive areas, providing additional 
authority to the Coast Guard to investigate vessels, prohibiting use of 
dangerous weapons or explosives on a passenger vessel, protecting Coast 
Guard navigational aides on waterways, prohibiting transportation of 
dangerous materials by potential terrorists, prohibiting destruction or 
interference with vessels or maritime facilities, increasing penalties 
for illegal foreign shipments on vessels, increasing penalties for 
noncompliance with manifest requirements, increasing criminal penalties 
for stowaways on vessels, and, finally, increasing penalties for 
bribery of port security authorities and officials.

                              {time}  1830

  These measures are much-needed and long overdue. Again, I thank the 
gentleman from California (Mr. Schiff), the gentleman from Virginia 
(Mr. Forbes), and the gentleman from Florida (Mr. Stearns).
  Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the gentleman 
from Virginia (Mr. Forbes).
  Mr. FORBES. Mr. Chairman, I rise in strong support of the Schiff-
Coble-Forbes amendment to H.R. 3199. I also want to thank the gentleman 
from North Carolina (Mr. Coble), the chairman of the Subcommittee on 
Crime, Terrorism, and Homeland Security, as well as the gentleman from 
California (Mr. Schiff), for their important work on this amendment.
  Mr. Chairman, the edge of my district is only minutes from the Port 
of Norfolk, one of the busiest international ports on the east coast of 
the United States. More than $37 billion worth of goods pass through 
Norfolk every year to travel on to all of the lower 48 States. Our 
Nation's seaports are the arteries that keep our Nation's economic 
heart beating.
  But, unfortunately, our ports remain an attractive target to 
terrorists and criminals. The Interagency Commission on Crime and 
Security in U.S. Seaports concluded in their report that significant 
criminal activity is taking place at most of the 12 seaports surveyed 
by the commission. That activity included drug smuggling, alien 
smuggling, cargo theft, and export crime.
  That is why it is important that the House pass the Schiff-Coble-
Forbes amendment. This amendment sends a clear message to terrorists 
and criminals that we will defend our Nation's ports. This amendment 
says that there is no loophole or shortcoming in the law that you can 
hide behind that will allow you to harm our Nation.
  Many of my constituents are shocked to learn that it is not a crime 
for a vessel operator to refuse to stop when ordered to do so by the 
Coast Guard. If you have spent as much time on the waterways of our 
harbors as I have, you know there are often only seconds that separate 
a vessel occupied by terrorists and one of our commercial or naval 
vessels docked at a pier.
  You cannot legally evade the police on our Nation's highways, and the 
same rule should apply to our Nation's waterways. While the Coast Guard 
has the authority to use whatever force is reasonably necessary to 
force a vessel to stop or be boarded, refusal to stop by itself is not 
currently a crime. That changes today with this amendment.
  The amendment we are offering today will further protect our seaports 
by prohibiting the use of dangerous weapons or explosives on a 
passenger vessel, prohibiting the transportation of dangerous materials 
and terrorists, and further increasing penalties for bribery affecting 
port security.
  Mr. Chairman, this amendment is vital to protecting our Nation's 
ports. I want to express my appreciation for this amendment, and I urge 
my colleagues to support the amendment.
  Mr. SCHIFF. Mr. Chairman, I am happy to yield 2 minutes to the 
gentleman from Virginia (Mr. Scott), the ranking member of the 
Subcommittee on Crime, Terrorism, and Homeland Security.
  Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman for 
yielding me this time. I would like to join my colleague from Virginia 
in his interest in the security of the Port of Hampton Roads.
  Mr. Chairman, this amendment is well drafted to target the problem of 
port security. It closes an apparent oversight in the fact that it is 
not a Federal crime for a vessel operator to fail to stop when ordered 
to do so by a Federal law enforcement officer, and makes it clear that 
that is a crime. The penalties are increased penalties, but not 
mandatory minimums, so the increases will make sense.
  I will not, however, be supporting the amendment because it has 
several new death penalties in it. It has death penalties, some of 
which push the envelope on constitutionality, because some can be 
imposed even if there is no intent to kill; they are broad enough to 
even include deaths which result from violating the stowaway statute.
  Mr. Chairman, death penalties cannot be a deterrent to suicide 
bombers, so that part of the bill I think would not be helpful in terms 
of port security. What we do need in port security is significant 
increases in funding for port security, funding for bus and rail 
security, funding for first responders. That is the kind of thing that 
will make us safer. As to the other parts of the bill, I would like to 
thank the gentleman from California (Mr. Schiff) and the other 
cosponsors for their hard work in focusing us on port security, which 
is desperately needed.
  Mr. SENSENBRENNER. Mr. Chairman, I yield 2 minutes to the gentleman 
from Florida (Mr. Stearns).
  (Mr. STEARNS asked and was given permission to revise and extend his 
remarks.)
  Mr. STEARNS. Mr. Chairman, I thank the distinguished chairman of the 
full committee for yielding me this time, and I thank the gentleman 
from North Carolina (Mr. Coble) for his help here.
  I rise, obviously, in support of the Coble-Schiff-Forbes amendment 
and in favor of the underlying bill. This amendment I think is 
important to update and improve our seaport security, which obviously 
is very crucial to protecting America. It also includes three 
provisions from my bill, H.R. 785, the

[[Page H6282]]

cargo theft bill; and it is an issue that I have been concerned about 
for over 2 years, so I am very pleased that it is part of the bill.
  Probably the most important thing with this amendment that we are 
talking about this evening that it accomplishes is that it requires 
that cargo theft reports be reflected as a separate category in the 
Uniform Crime Reporting System, or the UCR, the data collection system 
that is used by the FBI today, currently, no such category exists in 
the UCR, which results in ambiguous data and an inability to track and 
monitor trends.
  So I am very pleased that the Committee on the Judiciary incorporated 
that provision and also raised criminal penalties for cargo theft, 
which is included in this bill.
  As it now stands, Mr. Chairman, punishment for cargo theft is a 
relative slap on the wrist. Throw in the fact that cargo thieves are 
tough to catch, and what we have here is a low-risk, high-reward crime 
that easily entices potential criminals. The sentencing enhancement 
proposed in this amendment will go a long way in making a career in 
cargo theft less attractive. So the authors of this amendment are to be 
commended.
  Last, this amendment includes a provision requiring the Attorney 
General to mandate the reporting of cargo thefts and to create a 
database containing this information, which will provide a valuable 
source of information and will allow States and local law enforcement 
officials to coordinate reports of cargo theft. This information could 
then be used to help fight this theft in everyday law enforcement.
  Mr. Chairman, this is a commonsense cargo theft provision, along with 
efforts to strengthen our seaport security, vitally effective tools in 
our war on terrorism. I want to thank my colleagues, particularly my 
good friend, the gentleman from North Carolina (Mr. Coble), for their 
help.
  I rise today in support of the Coble/Schiff/Forbes amendment, and in 
favor of the underlying bill.
  This amendment proposes to update and improve our seaport security, 
which is a crucial element to protecting America.
  It also includes three critical provisions from my bill H.R. 785 
regarding cargo theft, an issue that I have been concerned about for 
some time now.
  Cargo theft is a problem that has plagued our country for some 30 
years, but continues unabated today. It is a problem that travels our 
highways, threatens our interstate commerce and undermines our homeland 
security. It is a problem that affects our entire country, costs tens 
of billions of dollars each year, and demands a Federal response.
  There is no doubt that stopping cargo theft and smuggling is a 
national security issue. We know that terrorists can make a lot of 
money stealing and selling cargo, not to mention the fact that 
terrorists have a proven record of using trucks to either smuggle 
weapons of mass destruction or as an instrument of delivery.
  Many of the industries involved in delivering cargo: trucking, 
shipping, and businesses--are genuinely concerned about how security 
gaps expose cargo to terrorism. Law enforcement has the same concerns. 
These groups support this legislation.
  That's why the three particular provisions in this amendment relating 
to cargo theft are so important.
  Probably the most important thing this amendment accomplishes is that 
it requires that cargo theft reports be reflected as a separate 
category in the Uniform Crime Reporting System, or the UCR, the data 
collection system that is used by the FBI today. Currently, no such 
category exists in the UCR, resulting in ambiguous data and the 
inability to track and monitor trends.
  I am also pleased that the provision raising criminal penalties for 
cargo theft is included in this bill. As it now stands, Mr. Chairman, 
punishment for cargo theft is a relative slap on the wrist. Throw in 
the fact that cargo thieves are tough to catch, and what we have here 
is a low-risk, high-reward crime that easily entices potential 
criminals. The sentencing enhancements proposed in this amendment will 
go a long way in making a career in cargo theft less attractive.
  And last, this amendment includes a provision requiring the Attorney 
General to mandate the reporting of cargo thefts, and to create a 
database containing this information. This database will provide a 
valuable source of information that would allow State and local law 
enforcement officials to coordinate reports of cargo theft. This 
information could then be used to help fight this theft in everyday law 
enforcement.
  These common-sense cargo theft provisions, along with the efforts to 
strengthen our seaport security, will be vital and effective tools in 
our war on terror.
   Mr. Chairman, I thank my colleagues on the Judiciary Committee for 
including this language, and I urge this House to pass this amendment 
and the underlying bill.
  Mr. SENSENBRENNER. Mr. Chairman, I yield back the balance of my time.
  Mr. SCHIFF. Mr. Chairman, I yield myself such time as I may consume.
  I want to take this opportunity to thank the chairman of the full 
committee, the gentleman from Wisconsin (Mr. Sensenbrenner), and thank 
the chairman of the subcommittee. When I offered this originally as 
stand-alone legislation in connection with another bill as an 
amendment, the chairman offered to work with me on this further down 
the line; and every bit true to his word, he has been a great partner 
to work with on this. I want to thank the gentleman from North Carolina 
(Chairman Coble), and I want to thank our esteemed chairman of the full 
committee for their work on this.
  The numbers are quite startling: 141 million ferry and cruise ship 
passengers, more than 2 billion tons of domestic international freight, 
and 3 billion tons of oil move through the U.S. seaports. Millions of 
truck-sized cargo containers are offloaded on to U.S. docks.
  As a part of the homeland security authorization bill, the House took 
some important steps to improve the screening of cargo by expanding the 
container security initiative and refocusing it based on risk. But the 
truth is that not every container can be inspected, and we need to use 
other tools at our disposal to deter and punish those who would use our 
seaports as a point of attack. I urge support for the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from California (Mr. Schiff).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. COBLE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Schiff) will be postponed.
  It is now in order to consider amendment No. 12 printed in House 
Report 109-178.


                 Amendment No. 12 Offered by Mr. Coble

  Mr. COBLE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Coble:
       Add at the end the following (and make such technical and 
     conforming changes as may be appropriate):

     SECTION 17. 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
       (C) by adding at the end the following new paragraphs:
       ``(6) the term `smokeless tobacco' means any finely cut, 
     ground, powdered, or leaf tobacco that is intended to be 
     placed in the oral or nasal cavity or otherwise consumed 
     without being combusted;
       ``(7) the term `contraband smokeless tobacco' means a 
     quantity in excess of 500 single-unit consumer-sized cans or 
     packages of smokeless tobacco, or their equivalent, that are 
     in the possession of any person other than--
       ``(A) a person holding a permit issued pursuant to chapter 
     52 of the Internal Revenue Code of 1986 as 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;

[[Page H6283]]

       ``(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.
       ``(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 against any 
     unconsented lawsuit under this chapter, or otherwise to 
     restrict, expand, or modify any sovereign immunity of a State 
     or local government.
       ``(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''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from North Carolina (Mr. Coble) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Coble).


         Modification to Amendment No. 12 Offered by Mr. Coble

  Mr. COBLE. Mr. Chairman, I ask unanimous consent to modify the 
amendment with the modification at the desk.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to Amendment No. 12 offered by Mr. Coble:
       In the matter proposed to be inserted as subsection (b) of 
     section 2346 of title 18, United States Code, by subsection 
     (f) after the period at the end of paragraph (1) insert ``No 
     civil action may be commenced under this paragraph against an 
     Indian tribe or an Indian in Indian country (as defined in 
     section 1151).''.
       In the same matter in paragraph (2) insert ``, or an Indian 
     tribe'' after ``State or local government'' each place it 
     appears.

  Mr. COBLE (during the reading). Mr. Chairman, I ask unanimous consent 
that the modification be considered as read and printed in the Record.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from North Carolina?

[[Page H6284]]

  There was no objection.
  The Acting CHAIRMAN. Is there objection to the modification?
  There was no objection.
  Mr. COBLE. Mr. Chairman, I yield myself such time as I may consume.
  A ``Dear Colleague'' went out today, and I will share it with my 
colleagues. It says: ``The Coble amendment attacks tribal sovereignty. 
The Coble amendment reverses two statutes of Federal Indian policy. 
Oppose the Coble amendment.''
  Well, oftentimes in this body, Mr. Chairman, we engage in semantical 
wars, and I disagree with the choice of these words; but in any event, 
we have resolved the differences.
  Mr. Chairman, I urge the support of the modified amendment before us 
to strengthen the Contraband Cigarette Trafficking Act, commonly known 
as CCTA. Why should this provision be included in the PATRIOT Act, one 
may ask? Criminal organizations, including terrorist groups, are using 
contraband cigarettes to fund their organizations. The scam is 
relatively easy and extremely lucrative. The criminals purchase 
cigarettes in a State with a low excise tax and then transport them to 
a high-tax State to sell. Many times they even counterfeit the tax 
stamps to ensure that the cigarettes appear legitimate. Criminals can 
make as much as $30 per carton for relatively little effort and risk.
  A scheme that was uncovered illustrates the magnitude of this 
problem. In 2003, a group of Hezbollah operatives were convicted of 
buying cigarettes in my home State of North Carolina and selling them 
in Michigan. They were using the proceeds of their operation to fund 
the activities of Hezbollah. Law enforcement authorities across the 
Nation believe these types of smuggling operations are a fast-growing 
problem.
  Mr. Chairman, my amendment would enhance the provisions of the CCTA 
to enable law enforcement to prosecute more of these schemes. First, 
the amendment would lower the threshold requirements for a violation of 
the CCTA from 60,000 to 10,000 cigarettes. It would apply the CCTA to 
smokeless tobacco as well, and impose reporting requirements on those 
engaging in delivery sales of more than 10,000 cigarettes, or 500 cans 
of packages of smokeless tobacco within a period of 1 month. Finally, 
it would authorize State and local governments and certain persons 
holding Federal tobacco permits to bring causes of action against 
violators of the CCTA.
  We must do everything we can to choke off this source of funding for 
criminal organizations which, in turn, subsidize terrorist 
organizations; and I urge adoption of the amendment.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?
  Mr. COBLE. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I thank the gentleman from North 
Carolina for yielding.
  Let me say that this amendment has a direct impact on the war against 
terrorism. When he was testifying on the reauthorization of the PATRIOT 
Act, Deputy Attorney General James Kolbe testified that the first 
material support for a terrorism case to be tried before a jury 
involved a group of Hezbollah operatives who had been operating a 
massive interstate cigarette smuggling scheme. He also testified that 
since that prosecution, material support charges have been used against 
other cigarette smuggling plots in Detroit.
  From this information, it is obvious that the terrorists are using 
cigarette smuggling in order to help finance their activities, and that 
is why the amendment offered by the gentleman from North Carolina is a 
good amendment. It fits in with the antiterrorism tools that the 
PATRIOT Act reauthorizes, and I would urge its support.
  I would also say that as a result of the modification that the 
gentleman from North Carolina has proposed, there is no longer a 
question of tribal sovereignty. That has been taken care of in the 
modification. So anybody who has read the ``Dear Colleague'' letter 
that was sent out earlier today, that is now out of date, and it is 
about as accurate as last year's calendar.
  Mr. COBLE. Mr. Chairman, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I ask unanimous consent to claim 
the time in opposition, although I am not opposed to the amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  I would point out that the comments of the gentleman from North 
Carolina and the chairman of the committee have outlined the fact that 
this has been worked out with all of the parties involved, and we have 
no objection.
  Mr. Chairman, I reserve the balance of my time.
  Mr. COBLE. Mr. Chairman, I yield the balance of my time to the 
distinguished gentleman from Virginia (Mr. Cantor).
  Mr. CANTOR. Mr. Chairman, I want to again thank and recognize the 
gentleman from Wisconsin (Chairman Sensenbrenner), the gentleman from 
North Carolina (Mr. Coble), and the gentleman from Virginia (Mr. Scott) 
for bringing this amendment forward. I would just like to reiterate and 
rise in support of this amendment.

                              {time}  1845

  As the gentleman from Wisconsin (Mr. Sensenbrenner) indicated, this 
amendment is about stopping terrorists. And as we are deliberating on 
this bill as a whole and the purpose being to do everything we can to 
stop terrorism, this amendment speaks right to the point.
  As the gentleman from North Carolina (Mr. Coble) indicated, there are 
real cases that have been uncovered and have been tried in court in 
which known terrorist organizations such as Hezbollah have been engaged 
in the illegal trafficking of cigarettes from low tax states into high 
tax states using that money to fund their terrorist activities. That is 
what this amendment does. And as the gentleman from Wisconsin (Mr. 
Sensenbrenner) has said, all the modifications make sure that there is 
no impact on tribal sovereignty.
  I urge my colleagues to support this amendment.
  Mr. COBLE. Mr. Chairman, will the gentleman yield?
  Mr. SCOTT of Virginia. I yield to the gentleman from North Carolina.
  Mr. COBLE. I thank the gentleman from Virginia for yielding.
  Mr. Chairman, I will just say that I look forward to working with the 
chairman of the full committee and the ranking member, as well as the 
ranking member of the subcommittee to resolve any other issues that may 
remain in conference.
  Mr. CONYERS. Mr. Chairman, I am glad that Mr. Coble offered language 
to mitigate concerns over his amendment's impact on tribal sovereignty. 
As initially drafted, the amendment by Mr. Coble could have had the 
unintended effect of targeting tribal governments who are legitimately 
involved in the retailing of tobacco products. With the help of Mr. 
Cole and other Members, Mr. Coble has modified his amendment and has 
incorporated language that will go a long way to protecting tribal 
governments and tribal sovereignty. Specifically, a provision 
stipulating that enforcement against tribes or in Indian country, as 
defined in Title 18 Section 1151, will not be authorized by the pending 
bill has been incorporated.
  Support for tribal sovereignty is a bi-partisan issue and 
collectively the Congress will continue to defend that fundamental 
principal of law. I realize that there are other sections that may need 
to be fixed as well because there has not been much time to refine the 
entirety of the Coble provision and that further refinements may be in 
order once we get to Conference with the Senate on this provision. I 
understand that the rule of law of enforcement in Indian country will 
fall to tribal governments and the Federal government will be protected 
through further amendment and I pledge to work in conference to ensure 
the rights of tribal governments are fully protected.
  Mr. KILDEE. Mr. Chairman, I rise to address the amendment offered by 
the gentlemen from North Carolina that relates to the Federal 
Contraband Cigarette Trafficking Act. There is evidence that profits 
from the illegal sales of tobacco products have been funneled to groups 
whose interests are inimical to the safety of our country and its 
people and the Congress should do all we can to ensure that source of 
revenue is cut off.
  However, Indian tribal governments that are legally involved in the 
retailing of tobacco products are clearly not the types of entities we 
are targeting with this provision.
  As initially drafted, the Coble Amendment would have had the 
unintended effect of targeting tribal governments who are legitimately 
involved in the retailing of tobacco products.

[[Page H6285]]

  With the great help of the gentlemen from Oklahoma (Mr. Cole) I 
understand an amendment has been incorporated that will go a long way 
to protecting tribal governments and tribal sovereignty.
  I also understand, however, that we have not had much time to refine 
the entirety of the Coble Amendment and that further refinements need 
to be made. It is my understanding that the gentlemen from North 
Carolina has agreed to take up these outstanding issues in conference.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from North Carolina (Mr. Coble), as modified.
  The amendment, as modified, was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 13 
printed in House Report 109-178.


                 Amendment No. 13 Offered by Mr. Carter

  Mr. CARTER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 13 offered by Mr. Carter:
       Add at the end the following:

             TITLE __--TERRORIST DEATH PENALTY ENHANCEMENT

     SEC. _01. SHORT TITLE.

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

            Subtitle A--Terrorist Penalties Enhancement Act

     SEC. _11. 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. _12. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, as amended by section _11 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 _11 of this subtitle, is further 
     amended by adding at the end the following new item:

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

     SEC. _13. 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. _14. 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. _15. 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. _21. 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. _31. 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

[[Page H6286]]

     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.''.
       Strike section 12.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from Texas (Mr. Carter) and the gentleman from Virginia (Mr. Scott) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Texas (Mr. Carter).
  Mr. CARTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of my amendment, the Terrorist Death 
Penalty Enhancement Act. This measure is a much needed reform for our 
Federal criminal statutes to ensure that the death penalty is available 
to deter and punish the most heinous crime in our country. We must 
remain vigilant and united in sending out one clear message to the 
terrorists; if you attack our country or threaten our national security 
and we apprehend you, we will seek the ultimate penalty, the death 
penalty, against you. This amendment makes needed reforms to ensure 
that such punishment is carried out and is applied fairly, and is 
applied swiftly when the facts justify the punishment.
  Many of these same provisions were overwhelmingly passed by this 
House last year as part of the 9/11 Recommendations Implementation Act, 
but removed during conference with the Senate.
  As a former State district judge for over 20 years I have presided 
over five capital murder cases, three of which resulted in the death 
penalty. I have a unique perspective on the criminal justice system and 
I understand the importance of safety and the need for America to be 
tough on its criminals. We must protect our neighborhoods from the 
threat of violent crimes which, unfortunately, in today's world, 
includes the threat of terrorist attacks. Congress must act to protect 
U.S. citizens from such attacks and to bring justice to those who 
threaten our freedom.
  It is unimaginable to think that a convicted terrorist responsible 
for American deaths could serve his sentence and be released back on 
the American streets free to act as he chooses. My straightforward 
legislation will make any terrorist who kills eligible for the Federal 
death penalty. This legislation will also deny these same terrorists 
any Federal benefits they otherwise may be eligible to receive. In my 
experience as a judge, I have witnessed the death penalty used as an 
important tool in deterring crime and saving lives. I believe it is 
also an instrument that can deter acts of terrorism and serves as a 
tool for prosecutors in negotiating sentences.
  First, my amendment adds a new criminal provision to impose the death 
penalty to any terrorist who, while committing a terrorist offense, 
engages in conduct that results in the death of an individual.
  Second, my amendment provides procedures for the death penalty 
prosecution of air piracy crimes committed before the 1994 Federal 
Death Penalty Act.
  Third, my amendment treats terrorist offenses similar to treason and 
espionage cases so that the government need only prove that such 
offense created a grave risk of death and did not actually result in 
the death of a person. For example, consider a terrorist attack as we 
saw today in London, where a terrorist is carrying a deadly weapon, 
could be a radiological weapon or device, and prior to the total 
detonation of that bomb killing innocent civilians, he is caught by the 
authorities and they prevent that attack. Under this bill he could face 
the ultimate penalty of death.
  In addition to these commonsense reforms, my amendment also 
authorizes the death penalty for killing that results from 
participation in nuclear weapons and weapons of mass destruction 
threats against the United States, missile systems to destroy aircraft, 
atomic weapons under the Atomic Energy Act.
  Now, with the authorization of these new death penalties I have added 
some commonsense clarification to the Federal death penalty which is 
supported by the Justice Department. Let me highlight three of these.
  First, my amendment adds a new statutory aggravating factor for 
obstruction of justice and in particular the killing of any person 
which is aimed at obstructing any investigation or prosecution.
  Second, my amendment clarifies that juries must reach a unanimous 
sentencing verdict one way or the other for life imprisonment or for 
death. If the jury does not reach a unanimous sentencing verdict then 
the government may seek a new sentencing hearing.
  Third, my amendment authorizes a judge to proceed with a death 
penalty case with less than 12 jurors if the excusal of the 12th juror 
is justified by good cause. There is simply no reason to make witnesses 
testify, juries sit again after a long and complex trial when a juror 
for some reason becomes sick or for some reason is unable to serve.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself 5 minutes.
  Mr. Chairman, I rise in opposition to this amendment. It provides for 
the enactment of extremely controversial provisions which we have had 
inadequate time to consider. We have not had the opportunity to hear 
critical testimony on controversial aspects of this bill such as the 
provision to apply the death penalty to offenses where no death 
results, the change in alternative jury rules and peremptory challenge 
rules, another change of the number of jurors needed to impose the 
death penalty and other changes which could constitute constitutional 
problems.
  Another problem with the bill, it provides for expansion of the 
Federal death penalty, both for crimes that the supporters of the death 
penalty might think warrant the death penalty, as well as crimes that 
most people would not expect to be associated with the most severe of 
penalties.
  This bill does not limit crimes through the death penalty eligibility 
to the heinous crimes or those who have traditionally been considered 
severe enough to require either a death penalty or even life without 
parole.
  The bill is so broad that it includes offenses such as those related 
to protection of computers, property offenses and financial or other 
material support provisions. Because the bill makes attempts and 
conspiracies to commit such crimes death penalty eligible, it covers 
those who may have only had a minor role in the offense. If a death 
results, even if it was not the specific intended result, anyone who is 
involved in committing or attempting to commit or conspiring to commit 
the covert offense would be eligible for the death penalty.
  The provisions of this bill create a death penalty liability 
tantamount to a Federal felony murder rule, and it presents 
constitutional issues as well as questions of the appropriateness of 
the death penalty in certain cases.
  The provisions of this bill will be duplicative of state jurisdiction 
laws in many instances and actually conflicting with others. One such 
conflict would be where a State has chosen not to authorize capital 
punishment and the Federal Government pursues the death penalty against 
that State's wishes.
  Another concern we always have to consider is expansion of the death 
penalty when we know that there is a frequent error rate in applying 
the death penalty. One study showed that 68 percent of the death 
penalty decisions by the trial court were eventually overturned.
  Mr. Chairman, there is another conflict or difficulty that will arise 
in the efforts to further international cooperation in pursuing 
suspected terrorists. We are already experiencing difficulties in 
securing the cooperation of

[[Page H6287]]

the rest of the civilized world in bringing terrorists to justice due 
to our existing proliferation of death penalty offenses when other 
countries will not extradite criminals to the United States if they 
will be subject to the death penalty. When we add these difficulties to 
the other controversial issues as to whether someone who supports an 
organization's social or humanitarian programs knows that it has been 
designated as a terrorist organization it can only exacerbate the 
difficulty and further undermine United States efforts.
  Mr. Chairman, I reserve the balance of my time.
  Mr. CARTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would remind my colleague from Virginia that a 
legislative hearing was held before the subcommittee on June 30, 2005 
on which the Justice Department testified in favor of this bill.
  Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Wisconsin 
(Mr. Green).
  Mr. GREEN of Wisconsin. I thank the gentleman for yielding time.
  Mr. Chairman, I rise in support of the gentleman's amendment. The 
gentleman from Virginia just stated that this amendment is 
controversial. I am afraid I disagree. I do not believe it is 
controversial in the least, and I think we will see that when the votes 
are taken.
  Mr. Chairman, we must do everything we can to stop terrorists, and 
that starts with ensuring that all terrorist acts are punished swiftly 
and severely. This amendment sends a clear message that we take 
terrorism seriously, that we understand that terrorist acts are not 
just crimes. They are acts of war, war against our way of life.
  We must not waver in our message to those who wish to threaten the 
values we hold dear. If a terrorist strikes on our soil we owe it to 
the victims of an attack to punish those responsible with the heaviest 
possible penalty, the death penalty. To do less would be a disservice 
to those who have lost their lives and would send a signal of weakness 
to those who are willing to use any means necessary to seek our 
destruction.
  The gentleman from Texas (Mr. Carter) described this amendment very 
well so I will not run through it in detail. But let me say that this 
amendment treats acts of terrorism just like treason or espionage 
because that is what these acts truly are, not only crimes against 
individuals but crimes against our Nation. Anyone who is thwarted in 
their attempt to carry out an attack should not be spared the heaviest 
penalty just because they were caught before they could carry out their 
heinous intentions.
  I was proud to work with the gentleman from Texas (Mr. Carter) on 
this issue. I commend him for carrying this amendment forward. It is 
good work that the gentleman is doing.
  I urge my colleagues to support this amendment. It is very important 
that we send a strong signal to the world that we take these acts 
seriously, and serious acts deserve serious consequences.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, the sponsor of the amendment mentioned that hearing we 
had. I would remind him that the hearing was a hearing on habeas 
corpus, also the same hearing we heard the issue of the question of 
whether the death penalty deters murder or other crimes, and this bill. 
We were given one witness to cover all of that. Our witness covered 
habeas corpus. We did not have the opportunity to invite a witness to 
discuss this bill and the policy implications of death penalty where no 
death occurs and alternate jury rules, peremptory challenges, the 
number of jurors needed to impose a death penalty, all of these death 
penalties involved.
  So to suggest that that was a fair hearing, I think, does not do 
justice to actually what happened on that day and the consideration of 
this bill.
  Mr. Chairman, I yield 2 minutes to the gentlewoman from California 
(Ms. Zoe Lofgren), a member of the committee.
  Ms. ZOE LOFGREN of California. Mr. Chairman, many of us, when we 
think about terrorism, feel exactly the way the proponent of the 
amendment does, that we want to exert maximum force against the 
offender. Those who would kill deserve to pay the ultimate price.

                              {time}  1900

  On the other hand, I am aware that there are people in our country 
and in our Congress who for religious reasons do not believe in the 
death penalty. The Pope did not believe in the death penalty and, 
obviously, he was not for terrorism any more than our religious 
colleagues who have that objection are for terrorism. So I think it is 
important to state that.
  I also want to say I am a member of the Committee on the Judiciary. I 
have been for 10 years. If there was a hearing in the subcommittee that 
I am not a member of all well and good, but I think this amendment 
poses some new things that the full committee would benefit from going 
through. The reduced number of jurors that is being proposed, the 
procedural changes that are quite new, I think, deserve the attention 
of the full committees. It is possible that this measure could run into 
constitutional problems. And I think we would be better served to sort 
through that in a thorough way than to expose these elements of the 
PATRIOT Act to court challenge.
  Finally, I would just say as I said before, even though we seek, 
understandably, retribution against those who would do these horrible 
crimes, I am just skeptical that imposing the death penalty is going to 
deter the suicide bombers. Really, what we need to do is to spend the 
time and the money to take steps to protect ourselves in a more 
thorough way than we have done since 9/11.
  As a member of the Committee on Homeland Security, I am acutely 
aware, and we are on both sides of the aisle, I can tell you of the 
shortfallings that we have in our protection against terrorism.
  Mr. CARTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I am pleased that the President of the United States on 
two occasions has stated that we need to give our law enforcement 
authorities all the tools necessary to fight terrorism, and he agreed 
that he strongly supported the signal of a death penalty to deter this 
criminal acts, these criminal acts that are imposed upon our society.
  When I decided to run for Congress, it was in response to the 9/11 
attack after serving for a long time on the judiciary. I am sponsoring 
this legislation today because in my experience the death penalty does 
deter crimes, and it is my hope and my prayer that this tool given to 
our prosecutors and given to our courts and to our engineers will 
enable us to better protect freedom and protect our citizens from this 
disaster that lurks in the shadows along with these terrorists that 
attack our Nation.
  I thank the gentleman from Wisconsin (Chairman Sensenbrenner) for 
allowing me to offer this amendment and for all the great work that he 
has done on this reenactment of the PATRIOT Act.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself the balance of my 
time.
  As the gentleman said, we had a little piece of a hearing, but it was 
not much; and we did not have the opportunity to discuss this bill. It 
was not marked up in subcommittee or the committee. The committee 
elected not to make it part of the bill, and I would hope that we would 
make the same decision and defer this until it can be appropriately 
considered. I oppose the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentleman from Texas (Mr. Carter).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 14 
printed in House Report 109-178.


                  Amendment No. 14 Offered by Ms. Hart

  Ms. HART. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 14 offered by Ms. Hart:
       Add at the end the following:

[[Page H6288]]

                 TITLE __COMBATING TERRORISM FINANCING

     SECTION _01. SHORT TITLE.

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

     SEC. _02. 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. _03. 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)''.
       (c) Conforming Amendments to Sections 1956(e) and 
     1957(e).--
       (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:
       ``(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.''.

     SEC. _04. 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. _05. 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. _06. 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.
       (c) Conforming Amendments Concerning Conspiracies.--
       (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. _07. 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. _08. 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. _09. 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. _10. 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 Acting CHAIRMAN. Pursuant to House Resolution 369, the 
gentlewoman from Pennsylvania (Ms. Hart) and the gentleman from 
Virginia (Mr. Scott) each will control 5 minutes.
  The Chair recognizes the gentlewoman from Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Chairman, I yield myself such time as I may consume.

[[Page H6289]]

  Mr. Chairman, I rise in support of the amendment. Money is a key 
element of terrorist organizations. If we are to prevent future attacks 
and continue to dismantle terrorist organizations, we must cut off 
their access to funding.
  In order to thwart terrorists financing, President Bush in September 
of 2001 signed an executive order freezing the assets of terrorist 
organizations and their supporters and authorizing the Secretaries of 
Treasury and State to identify, designate, and freeze the U.S.-based 
assets that financially facilitate terrorism.
  Since then, an unprecedented international effort to freeze terrorism 
financing has ensued. This has truly been an international effort with 
173 nations implementing orders to freeze terrorist assets with more 
than 100 countries passing new legislation to fight terrorism 
financing, and 84 countries establishing the Financial Intelligence 
United to share information helping to combat terrorism.
  Terrorist organizations need money, not just to carry out attacks. 
They especially need funding to continue their operations such as 
recruiting and training new terrorists and simply supporting their 
current organizations. One of the most important lessons we have 
learned is exactly how terrorists and other criminal organizations 
transmit money through unregulated financial markets.
  Like the patchwork of terrorist organizations themselves, terrorism 
funding does not come from a single source. Terrorism networks are 
funded through rogue state sponsorship, corrupt charities, and 
illegitimate businesses fronting as legitimate businesses and using 
that money for terrorism, also through exploitation of our legitimate 
markets and financial networks.
  Many terrorist organizations use a network known as hawalas to 
exchange money and finance terrorist activities. These hawalas are an 
informal exchange in which payments are delivered without money 
actually being moved. In addition, terrorists engage in criminal 
activities such as extortion, smuggling and trafficking, credit card 
and identity fraud, and the narcotics trade to fund their murderous 
activities.
  After September 11, our Federal Government acted aggressively through 
domestic and international efforts to halt such activities to prevent 
terrorism financing. Unfortunately, we have learned that these are not 
enough. My amendment would address some of the loopholes.
  One, we increase the penalty for terrorism financing. Under current 
law, violations only carry a $10,000 fine and a 10-year sentence. My 
amendment would increase the fine to $50,000 and the sentence to 20 
years.
  We also update money laundering statutes. They must keep pace to help 
prevent financing of terrorist activities. As Chancellor Gordon Brown 
stated last week, prevention of money laundering is the key element of 
stopping the financing of terrorist groups of the type suspected of 
planning and carrying out the London bombings.
  First, my amendment will add a predicate offense to the money-
laundering statutes, such as operating illegal money laundering and 
transmitting businesses, misuse of Social Security numbers, military-
style training of individuals, and a new terrorism financing offense.
  My amendment also clarifies the law so that a combination of 
transactions or parallel transactions can trigger money-laundering 
statutes.
  Mr. Chairman, our PATRIOT Act added a new forfeiture provision for 
individuals planning or perpetrating the act of terrorism against the 
United States. My amendment adds a parallel provision for individuals 
planning or perpetrating an act of terrorism against a foreign state or 
an international organization acting within the jurisdiction of the 
United States. This amendment builds on our current laws to address 
some of the shortfalls in our laws that we have learned about from our 
law enforcement since 9/11. I encourage my colleagues to support this 
amendment.
  Mr. SENSENBRENNER. Mr. Chairman, will the gentlewoman yield?
  Ms. HART. I yield to the gentleman from Wisconsin.
  Mr. SENSENBRENNER. Mr. Chairman, I rise in support of the amendment 
and thank the gentlewoman from Pennsylvania (Ms. Hart) for yielding to 
me and for introducing this amendment.
  Let me say that this amendment makes important improvements in the 
financial provisions of the PATRIOT Act with regard to those who try to 
prevent terrorists from financing their operations. First of all, I 
think that trying to disrupt the terrorism operation is a legitimate 
issue to add to the list of predicate offenses covered under the RICO 
statute.
  I am particularly pleased that there are some changes in the law to 
attempt to get at the informal money-changing operation called hawalas 
when those hawalas are used to finance terrorist organizations, and 
more and more money seems to be transferred through the hawalas system; 
and I am awfully afraid that that is not being done for legitimate 
purposes, but for the fact that the regular banking operations are 
under increasing scrutiny when money transfers take place.
  So I would strongly support the gentlewoman's amendment, and I would 
urge the Committee to adopt it. I thank the gentlewoman for yielding to 
me.
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, this amendment emphasizes a point that we are trying to 
do this on the floor without a mark-up, and it may have many unintended 
consequences. Despite the name of the title, the title of the amendment 
is ``Combating Terrorism Financing Act of 2005,'' but if you read the 
provisions, it is not limited to terrorism financing but for all 
violations of economic sanctions imposed under the International 
Emergency Economic Powers Act. I mean, a senior citizen who has 
traveled to Cuba on a bicycle excursion or a clergy attempting to send 
humanitarian services or supplies to Cuba could get caught up in this.
  It talks about misuse of Social Security numbers so if somebody 
misuses a Social Security number to get a job, having nothing to do 
with terrorism, just is cheating to get a job, they could get caught up 
in this. It raises questions about sending money to your relatives back 
home. All of this is implicated in this amendment. It obviously covers 
terrorism, but we do not know what else it covers. People who get 
caught up in this are looking at 20-year sentences.
  Money-laundering statutes are already very broadly written, and this 
just broadens it even further. I would hope we would defeat the 
amendment so we could have some time to make sure it could be limited 
to terrorism financing and just not every violation of the 
International Emergency Economic Powers Act and other kinds of money-
laundering statutes.
  We also have had not an opportunity to hear from people that may be 
involved in this, organizations helping immigrant populations, banks or 
other agencies that may have an interest in this who we just have not 
had time to hear from to know what their reaction would be. So I would 
hope that we would defeat the amendment so we could have more time to 
consider it.
  Mr. Chairman, I yield 1 minute to the gentlewoman from California 
(Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Chairman, having just seen this 
amendment for the first time today, there are questions that are 
raised. I understand what the intent is, and perhaps if this passes we 
can clarify this in a conference committee; but I wonder about the 
liabilities of the banking industry that acts innocently to help 
immigrants transmit funds home.
  The banks in California have been encouraged to regularize the 
remittance program. We talk sometimes about illegal immigration, and 
that is not anything that any of us approve of; but it is not the same 
as terrorism, and it is also not the same as those immigrants. It is 
also a financial services industry.
  I do wish we could have heard from the financial services industry on 
this point because certainly it deserves some clarification. Maybe it 
does not do what has been suggested. We have had some communications 
from those who are concerned it does. But I do want to raise that on 
behalf of the California banking industry that has really stepped up to 
avoid the fraud and crime that has occurred with remittances before 
they did.

[[Page H6290]]

  Mr. SCOTT of Virginia. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Just to answer a couple of points: what we do in the amendment is to 
help to provide opportunities for a series of predicate offenses. So 
what you get is an opportunity to follow through a number of 
transactions to show that there is money laundering. And we have added 
a couple of new offenses, but there can be a mixture of some legal and 
illegal transactions to do that.
  So if the concern is that a grandmother transmitting money to her 
family or the other way around, it is not going to trigger a problem 
under this amendment. It is very clear that there would have to be a 
series of transactions that are suspect in order for this law to be 
triggered; and, obviously, there has to be some suspicion of financing 
terrorism before law enforcement would move forward with that kind of 
prosecution.

                              {time}  1915

  Mr. SCOTT of Virginia. Mr. Chairman, I yield 30 seconds to the 
gentlewoman from California (Ms. Zoe Lofgren).
  Ms. ZOE LOFGREN of California. Mr. Chairman, here is my question. 
Section 208 of the Social Security Act apparently states it is illegal 
to use a false Social Security number for activities to obtain 
employment.
  If I am a 14-year-old kid and I go out and make up a Social Security 
number so I can get a job and pretend I am 18, and I get money for it, 
have I violated section 208? And if so, if I deal with a bank, is the 
bank falling afoul of this terrorism statute?
  Mr. SCOTT of Virginia. Mr. Chairman, I yield myself such time as I 
may consume to note that these are the kinds of questions which cause 
me to hope we would defeat the amendment.
  Mr. Chairman, I yield the balance of my time to the gentlewoman from 
Pennsylvania (Ms. Hart).
  Ms. HART. Mr. Chairman, I thank the gentleman for yielding me this 
time, and I just want to thank the chairman of the Committee on the 
Judiciary, who supports the amendment, and also the chairman of the 
Committee on Financial Services, who certainly would have been 
concerned if the concern of the gentlewoman from California were a 
legitimate one regarding our language.
  It is very clear that there would have to be a series of 
transactions. That series of transactions would have to lead law 
enforcement to believe that there is a financing of terrorism.
  Mrs. KELLY. Mr. Chairman, I rise in support of this amendment.
  Combating terror finance is a nebulous, often difficult aspect of our 
fight against terrorism. But strength in this area is critical to our 
overall success in detecting, tracking and stopping terrorist activity.
  We've made remarkable progress in this area in the last 4 years in 
developing and sharpening our tools for combating terror finance. But 
we still have more work to do.
  That's why I created with a number of my colleagues the bipartisan 
Congressional Anti-Terrorist Financing Task Force, to bring focus on 
the multitude of policies, agencies and jurisdictions which have a 
bearing on our effort to combat terror finance.
  Like the task force, this amendment offered by my colleague from 
Pennsylvania is representative of the continuing need for improvement.
  It strengthens our ability to detect and disrupt the financial 
lifelines upon which terrorists rely. It sets out severe penalties for 
terror financiers and clarifies the authority of law enforcement to 
investigate and prosecute illicit financial transactions.
  Importantly, this measure acknowledges the vulnerability of informal 
value transfer systems such as hawalas to terrorist finance and money 
laundering.
  This amendment helps the fight against terrorist finance. I encourage 
my colleagues to support the amendment and the underlying bill.
  The Acting CHAIRMAN (Mr. Simpson). The question is on the amendment 
offered by the gentlewoman from Pennsylvania (Ms. Hart).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. HART. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from 
Pennsylvania (Ms. Hart) will be postponed.
  It is now in order to consider amendment No. 15 printed in House 
Report 109-178.


          Amendment No. 15 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Amendment No. 15 offered by Ms. Jackson-Lee of Texas:
       Add at the end the following:

     SEC. 17. FORFEITURE.

       Section 981(a)(1)(G) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(iv) notwithstanding any other provision of law, shall be 
     subject to execution or attachment in aid of execution in 
     order to satisfy such judgment to the extent of any 
     compensatory damages for which such terrorist organization 
     has been adjudged liable.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the 
gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will 
control 5 minutes.
  The Chair recognizes the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I 
may consume and would just note that I am attempting to bring it up at 
this time and discuss it, at the same time I am looking to work with my 
chairman, the gentleman from Wisconsin (Mr. Sensenbrenner), so that we 
can move this forward.
  I might also add that the amendment is now Jackson-Lee-Poe.


                         Parliamentary Inquiry

  Mr. SCOTT of Virginia. Mr. Chairman, parliamentary inquiry.
  The Acting CHAIRMAN. The gentleman will state his inquiry.
  Mr. SCOTT of Virginia. Could the chairman explain which amendment is 
being considered at this point?
  The Acting CHAIRMAN. Amendment No. 15.
  Mr. SCOTT of Virginia. Could the Reading Clerk read the amendment?
  The Acting CHAIRMAN. Is the gentlewoman from Texas going to ask 
unanimous consent to modify the amendment?
  Ms. JACKSON-LEE of Texas. Yes, I am, Mr. Chairman.


  Modification to Amendment No. 15 Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I ask unanimous consent that 
the amendment to be brought up be as modified.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 15 offered by Ms. Jackson-Lee 
     of Texas:
       In lieu of the matter proposed by the amendment, add at the 
     end of the bill the following:

     SEC. __. SENSE OF CONGRESS.

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

  The Acting CHAIRMAN. Is there objection to the modification offered 
by the gentlewoman from Texas?
  Mr. SENSENBRENNER. Reserving the right to object, let me say that I 
will not object, because I think this modification is a significant 
improvement to the original amendment.
  I realize that this amendment must be further honed, and I pledge to 
the gentlewoman from Texas my cooperation to attempt to do that in 
conference.
  Mr. Chairman, I withdraw my reservation of objection.
  The Acting CHAIRMAN. Is there objection to the modification offered 
by the gentlewoman from Texas?
  There was no objection.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I 
may consume; and, as I indicated, this amendment is offered by myself 
and my colleague, the gentleman from Texas (Mr. Poe). I thank the 
distinguished gentleman from Wisconsin for his cooperation in working 
to have this amendment be included in the final legislation as it is a 
sense of Congress amendment that I think makes a very important 
statement.
  The proposal relates to the civil forfeiture provision of 18 U.S.C. 
981, and would add a section that would allow civil plaintiffs to 
attach judgments to collect compensatory damages for which a terrorist 
organization has been

[[Page H6291]]

adjudged liable and from the pool of assets that have been forfeited 
under section 981.
  This is distinctive, Mr. Chairman, because this pertains to 
circumstances of terrorism but not necessarily in circumstances when we 
are at war.
  My amendment seeks to allow victims of terrorism who obtain civil 
judgments for damages caused in connection with the acts to attach 
foreign or domestic assets held by the United States Government under 
18 U.S.C. Section 981(G) calls for the forfeiture of all assets, 
foreign or domestic, of any individual entity or organization that is 
engaged in planning or perpetrating any act of domestic or 
international terrorism.
  As we look at H.R. 3199, the PATRIOT Act, it misses the opportunity 
to in fact allow victims to satisfy judgments. That is the key. For 
example, the Sobero case, where the gentleman from Riverside, 
California, was beheaded by Abu Sayyaf, leaving his children 
fatherless. The administration responded to this incident by sending a 
thousand Special Forces officers to track down the perpetrators, yet 
the family of this decreased could not claim any compensation for the 
tragedy that occurred.
  The same thing occurred with the Iran hostages, which many of us are 
familiar with, but are my colleagues aware of the situation with our 
American servicemen who were harmed in the Libyan-sponsored bombing of 
the La Belle disco in Germany? They were obstructed from being able to 
enforce judgments that they received against the terrorist-sponsored 
attack and the attack that was sponsored by Libya.
  In addition, a group of American prisoners tortured in Iraq during 
the Persian Gulf War were barred from collecting their judgment from 
the Iraqi government.
  I do believe in conference we will have the opportunity to vet this 
and to work with all the parties concerned to finally bring some relief 
on this issue. Many Members have attempted to bring about relief in 
special claims for their particular individual constituents in their 
particular jurisdictions. Fortunately, in the opportunity we have 
today, by including this sense of Congress in the PATRIOT Act we will 
finally get both our debate and we will get action.
  Mr. Chairman, I bring attention as well to the World Trade Center 
bombing victims who were barred from obtaining judgments against the 
Iraqi government. In their claim against the Iraqi Government, the 
victims were awarded $64 million against Iraq in connection with the 
September 20, 2001, attack. However, they were rebuffed in their 
efforts to attach the vested Iraqi assets. While the judgment rendered 
was sound, the Second Circuit Court of Appeals affirmed the lower 
court's finding that the Iraqi assets, now transferred to the U.S. 
Treasury, were protected by U.S. sovereign immunity and were 
unavailable for judicial attachment.
  One major problem that frustrates the objective of my amendment is 
the fact that information is not publicly available regarding the 
amount and or kind of civil forfeitures made to date. So this amendment 
will allow the full discussion by a sense of Congress of what would be 
the right process to proceed, balancing the needs of the government, 
balancing the needs of the victims of terrorism, balancing the question 
of justice, and, yes, balancing the responsible actions under the 
PATRIOT Act, protecting us against terrorism but then, when we are 
victims of terrorism, to give us the opportunity for relief.
  I would hope my colleagues would support this amendment so we can 
carry this forward into conference and be able to provide the kind of 
leadership necessary for the throngs of victims, those who have already 
suffered, and we hope not, but for those who may suffer in the future.
  I would say that absent this public disclosure of this very 
substantial information; that is; about the assets, it is very 
difficult for compensation even to be requested. So I think that we 
will have an opportunity to address these concerns, balance the needs 
of the government in its need to protect certain information, and give 
relief to many Americans.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I have an amendment at the 
desk that has been made in order by the Committee on Rules, Jackson-Lee 
No. 42. This proposal relates to the civil forfeiture provision of 18 
U.S.C. 981 and would add a section that would allow civil plaintiffs to 
attach judgments to collect compensory damages for which a terrorist 
organization has been adjudged liable and from the pool of assets that 
have been forfeited under Section 981.
  My amendment seeks to allow victims of terrorism who obtain civil 
judgment for damages caused in connection with the acts to attach 
foreign or domestic assets held by the United States Government under 
18 U.S.C. 981(G). Section 981(G) calls for the forfeiture of all 
assets, foreign or domestic, of any individual, entity, or organization 
that has engaged in planning or perpetrating any act of domestic or 
international terrorism against the United States, citizens or 
residents of the United States.
  The legislation, H.R. 3199, as drafted, fails to deal with the 
current limitation on the ability to enforce civil judgments by victims 
and family members of victims of terrorist offenses. There are several 
examples of how the current Administration has sought to bar victims 
from satisfying judgments obtained against the government of Iran, for 
example.
  In the Sobero case, a U.S. national, Guillermo Sobero of Riverside 
County, CA, was beheaded by Abu Sayyaf, an Al-Qaeda affiliate, leaving 
his children fatherless. The Administration responded to this incident 
by sending 1,000 Special Forces officers to track down the 
perpetrators, and the eldest child of the victim was invited to the 
State of the Union Address. Abu Sayyaf's funds have been seized and are 
held by the U.S. Treasury at this time. The family of the victim should 
have access to those funds, at the very least, at the President's 
discretion.
  Similarly, the Administration barred the Iran hostages that were held 
from 1979-1981 from satisfying their judgment against Iran. In 2000, 
the party filed a suit against Iran under the terrorist State exception 
to the Foreign Sovereign Immunity Act. While a federal district court 
held Iran to be liable, the U.S. government intervened and argued that 
the case should be dismissed because Iran had not been designated a 
terrorist state at the time of the hostage incident and because of the 
Algiers Accords--that led to the release of the hostages, which 
required the U.S. to bar the adjudication of suits arising from that 
incident. As a result, those hostages received no compensation for 
their suffering.
  Similarly, American servicemen who were harmed in a Libyan sponsored 
bombing of the La Belle disco in Germany were obstructed from obtaining 
justice for the terrorist acts they suffered. While victims of the 
attack pursued settlement of their claims against the Libyan 
government, the Administration lifted sanctions against Libya without 
requiring as a condition the determination of all claims of American 
victims of terrorism. As a result of this action, Libya abandoned all 
talks with the claimants. Furthermore, because Libya was no longer 
considered a state sponsor of terrorism, the American servicemen and 
women and their families were left without recourse to obtain justice. 
The La Belle victims received no compensation for their suffering.
  In addition, a group of American prisoners who were tortured in Iraq 
during the Persian Gulf War were barred from collecting their judgment 
from the Iraqi government. Although the 17 veterans won their case in 
the District Court of the District of Columbia, the Administration 
argued that the Iraqi assets should remain frozen in a U.S. bank 
account to aid in the reconstruction of Iraq. Claiming that the 
judgment should be overturned, the Administration deemed that the 
Reconstruction effort was more important than recompensing the 
suffering of fighter pilots who, during their 12 year imprisonment, 
suffered beatings, burns, and threats of dismemberment.
  Finally, the World Trade Center bombing victims were barred from 
obtaining judgment against the Iraqi government. In their claim against 
the Iraqi government, the victims were awarded $64 million against Iraq 
in connection with the September 2001 attacks. However, they were 
rebuffed in their efforts to attach the vested Iraqi assets. While the 
judgment rendered was sound, the Second Circuit Court of Appeals 
affirmed the lower court's finding that the Iraqi assets, now 
transferred to the U.S. Treasury, were protected by U.S. sovereign 
immunity and were unavailable for judicial attachment.
  One major problem that frustrates the objective of my amendment is 
the fact that information is not publicly available regarding the 
amount and/or kind of civil forfeitures made to date. The Executive 
Branch of our Government has suggested that it has no duty to disclose 
either the identity of the parties who own civilly forfeited property 
or the amounts forfeited to date. Absent public disclosure of this very 
substantive information, it is very difficult for compensation to even 
be requested--let alone expected for victims of horrific acts of 
terrorism.

[[Page H6292]]

  Right now, H.R. 3199 is the most appropriate and timely vehicle in 
which to address this issue and allow U.S. victims of terrorism to 
obtain justice from terrorist-supporting or terrorist-housing nations.
  The Jackson-Lee Amendment protects terror victims' rights.
  Domestic and international terrorism should not be facilitated by 
barring successful plaintiff-victims from enforcing valid judgments.
  In closing, Mr. Chairman, let me thank the chairman of the full 
committee and the ranking member and the ranking member of the 
subcommittee for their leadership on this whole entire issue of 
protecting Americans against terrorism and including in that protection 
of their civil liberties.
  This amendment will not only protect Americans against the dangers of 
life and limb and the loss of life, but give them relief in our courts. 
I ask my colleagues to support this amendment sponsored by myself and 
my colleague, the gentleman from Texas (Mr. Poe), a sense of Congress 
amendment to provide relief to Americans victimized by terrorism.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from Texas (Ms. Jackson-Lee), as modified.
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Texas (Ms. 
Jackson-Lee), as modified, will be postponed.
  It is now in order to consider amendment No. 16 printed in House 
Report 109-178.


                  Amendment No. 16 Offered by Mr. Hyde

  Mr. HYDE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 16 offered by Mr. Hyde:
       Add at the end the following:

     SEC. __. 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)).''.

  The Acting CHAIRMAN. Pursuant to House Resolution 369, the gentleman 
from Illinois (Mr. Hyde) and the gentleman from Virginia (Mr. Scott) 
each will control 10 minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Hyde).
  Mr. HYDE. Mr. Chairman, I yield myself 4 minutes, and I am very 
pleased to offer an amendment to the USA PATRIOT Reauthorization Act 
which deals with the new reality of overlapping links between illicit 
narcotics and global terrorism. Evidence of this deadly and emerging 
symbiotic relationship is overwhelming. My amendment creates a new 
crime that will address and punish those who would use these illicit 
narcotics to promote and support terrorism.
  The Committee on International Relations recently held a hearing on 
Afghanistan in which our well-informed Drug Enforcement Administration 
conservatively estimated that nearly half of the formerly designated 
foreign terrorist organizations have links to illicit narcotics. It has 
been widely reported that the Madrid train terrorist bombings were 
partially financed by hashish money.
  In Colombia, the Revolutionary Armed Forces of Colombia and the AUC, 
which are two of these FTOs, thrive on the drug trade, supporting and 
sustaining themselves with illicit proceeds. My amendment, recognizing 
this new and deadly reality, makes it a Federal crime under the 
Controlled Substance Import and Export Act to engage in drug 
trafficking that directly or indirectly aids or provides support, 
resources, or any pecuniary value to a foreign terrorist organization 
or any person or group planning, preparing for, or carrying out a 
terrorist offense. The amendment provides very tough penalties, 
consistent with the serious nature of this crime.
  As provided in my amendment, it will no longer be necessary for our 
overworked DEA and other law enforcement agencies abroad to be looking 
for a U.S. nexus to illicit drug shipments and drug traffickers who are 
engaging in this deadly trade which supports global terrorism.
  Mr. Chairman, I urge adoption of my amendment which will give the 
tools to our law enforcement personnel in their ongoing global fight 
against terrorism.
  Mr. Chairman, I reserve the balance of my time.
  The Acting CHAIRMAN. The Committee will rise informally.
  The SPEAKER pro tempore (Mr. Souder) assumed the chair.




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