Protecting America in the War on Terror Act of 2005 - Biopreparedness Act of 2005 - Sets forth provisions concerning bioterrorism preparedness and defense, including provisions: (1) extending the patent terms for certain countermeasure products; (2) exempting meetings between the Secretary of Health and Human Services and parties developing priority countermeasures from antitrust laws; (3) establishing the Commission on Countermeasure and Vaccine Regulation; (4) prohibiting a State from establishing requirements different from certain Federal food and drug laws; (5) allowing tax credits for vaccine and countermeasures manufacturing and research; and (6) requiring procedures for inspecting imported live animals.
Increases the death gratuity payable to survivors upon the combat-related death of a member of the Armed Forces. Increases the maximum life insurance payable for a member of the uniformed service or a veteran.
Homeland Security Technology Improvement Act of 2005 - Amends the Homeland Security Act of 2002 to provide for the transfer of certain counterterrorism technologies, equipment, and information to State and local law enforcement agencies.
Sets forth provisions regarding information sharing among Federal agencies and between Federal agencies and State and local governments. Prohibits certain acts relating to national and maritime security, including: (1) acts of destruction on passenger vessels; (2) resisting the boarding of vessels authorized by Federal law; (3) placing a device or substance that is likely to destroy or damage a vessel or its cargo; (4) discharging or releasing any dangerous substance with the intent to endanger human life, health, or welfare; (5) knowingly and willfully transporting an explosive device, biological agent, chemical weapon, radioactive or nuclear material, or terrorist aboard a vessel; and (6) offering or receiving anything of value to commit or aid terrorism or fraud affecting any secure or restricted area or seaport.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 3
To strengthen and protect America in the war on terror.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2005
Mr. Gregg (for himself, Mr. Frist, Mr. Sessions, Mr. DeWine, Mr. Allen,
Mr. Santorum, Mr. McConnell, and Mr. DeMint) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To strengthen and protect America in the war on terror.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Protecting America
in the War on Terror Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
TITLE I--BIOPREPAREDNESS
Sec. 101. Short title.
Subtitle A--Product Development
Chapter 1--Partnering With the Private Sector
Sec. 111. Expansion of countermeasures covered by BioShield.
Sec. 112. Enhancing availability of private and international sector
financing.
Sec. 113. Restoration of patent term.
Sec. 114. International harmonization of regulations.
Sec. 115. Development of additional animal models.
Sec. 116. Collaboration and coordination.
Chapter 2--Ensuring Regulatory Efficiency
Sec. 121. Commission on Countermeasure and Vaccine Regulation.
Sec. 122. Technical assistance.
Sec. 123. Requirement to fully inform.
Sec. 125. Accelerated approval of countermeasures or vaccines.
Sec. 126. National uniformity for approved products.
Subtitle B--Litigation Reform
Chapter 1--Protection for Countermeasures and Products Protecting
Against Pandemics, Epidemics, and Bioterrorism
Sec. 131. Liability protections for pandemics, epidemics, and
countermeasures.
Chapter 2--Vaccine Injury Compensation Program
Sec. 141. Vaccine injury compensation and vaccine litigation reform.
Sec. 142. Modifications to vaccines for children program.
Chapter 3--Encouraging Vaccine and Countermeasure Production Capacity
Sec. 151. Incentives for the construction of vaccine and countermeasure
manufacturing facilities.
Sec. 152. Credit for medical research related to developing vaccines or
countermeasures.
Sec. 153. Grants to construct and improve research and development and
manufacturing of countermeasures or
vaccines.
Sec. 154. Revenue recognition for adult and pediatric vaccines and
other countermeasures against potential
acts of terrorism.
Subtitle C--Public Health Preparedness
Chapter 1--Capacity To Respond
Sec. 171. Pandemic influenza preparedness and response plan.
Sec. 172. National Notifiable Disease Surveillance Program.
Sec. 173. Enhancing critical capacity for illness detection.
Sec. 174. Evaluation of public health capacity outcomes.
Sec. 175. Nonimmigrant health screening.
Sec. 176. Inspection, screening, and quarantining of live animals.
Sec. 177. Authority to procure aircraft.
Chapter 2--Public Health Workforce
Sec. 181. Public health workforce scholarship and loan repayment
program.
Chapter 3--Preparedness Updates
Sec. 191. Report on preparedness.
Sec. 192. Enhancing global response capabilities.
TITLE II--INCREASED BENEFITS FOR FAMILIES OF DECEASED MEMBERS OF THE
ARMED FORCES.
Sec. 201. Increase in death gratuity payable with respect to deaths of
members of the armed forces from combat-
related causes or from service in operation
Enduring Freedom or Iraqi Freedom.
Sec. 202. Increase in automatic maximum coverage under servicemembers'
group life insurance and veterans' group
life insurance.
Sec. 203. Increased period of continued Tricare coverage of children of
members of the uniformed services who die
while serving on active duty for a period
of more than 30 days.
TITLE III--HOMELAND SECURITY TECHNOLOGY IMPROVEMENT
Sec. 301. Short title.
Sec. 302. Homeland security transfer program.
TITLE IV--ANTITERRORISM IMPROVEMENTS
Subtitle A--Denial of Federal Benefits to Convicted Terrorists
Sec. 401. Denial of Federal benefits to convicted terrorists.
Subtitle B--Streamlined Information Sharing
Sec. 411. Uniform standards for information sharing across Federal
agencies.
Sec. 412. Authorization to share national-security information with
State and local governments.
Subtitle C--Protecting Critical Infrastructure
Sec. 421. Attacks against railroad carriers, passenger vessels, and
mass transportation systems.
Sec. 422. Entry by false pretenses to any seaport.
Sec. 423. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information.
Sec. 424. Criminal sanctions for violence against maritime navigation,
placement of destructive devices, and
malicious dumping.
Sec. 425. Transportation of dangerous materials and terrorists.
Sec. 426. Destruction or interference with vessels or maritime
facilities.
Sec. 427. Theft of interstate or foreign shipments or vessels.
Sec. 428. Increased penalties for noncompliance with manifest
requirements.
Sec. 429. Stowaways on vessels or aircraft.
Sec. 430. Bribery affecting port security.
TITLE I--BIOPREPAREDNESS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Biopreparedness Act of 2005''.
Subtitle A--Product Development
CHAPTER 1--PARTNERING WITH THE PRIVATE SECTOR
SEC. 111. EXPANSION OF COUNTERMEASURES COVERED BY BIOSHIELD.
Section 319F-1(a) of the Public Health Service Act (42 U.S.C. 247d-
6a(a))is amended by striking paragraph (2) and inserting the following:
``(2) Definitions.--In this section:
``(A) Qualified countermeasure.--The term
`qualified countermeasure' means a drug (as that term
is defined by section 201(g)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))),
biological product (as that term is defined by section
351(i) of this Act (42 U.S.C. 262(i))), device (as that
term is defined by section 201(h) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(h))), detection
technology, or research tool that the Secretary
determines to be a priority (consistent with sections
302(2) and 304(a) of the Homeland Security Act of 2002)
to--
``(i) treat, identify, detect or prevent
harm from any biological (including an
infectious disease), chemical, radiological, or
nuclear agent that may cause a public health
emergency affecting national security; or
``(ii) treat, identify, detect or prevent
harm from a condition that may result in
adverse health consequences or death and may be
caused by administering a drug, biological
product, device, detection technology or
research tool that is used as described in this
subparagraph.
``(B) Detection technology.--The term `detection
technology' means a technology device and its use for
the detection of the presence, concentration, or
characteristics of a biological (including an
infectious disease), chemical, or radiological agent in
environmental or field samples.
``(C) Research tool.--The term `research tool'
includes the full range of tools that scientists may
use in the laboratory to enable the rapid and effective
development of countermeasures, including diagnostics,
vaccines, and drugs.
``(D) Infectious disease.--
``(i) In general.--The term `infectious
disease' means a disease in humans caused by a
pathogenic organism (including a bacteria,
virus, fungus, or parasite) that is acquired by
a person and that reproduces in that person.
(ii) Clarification.--The term `infectious
disease' includes a pathogenic organism whether
or not such pathogenic organism is acquired by
an individual through human-to-human contact or
if the individual is initially symptomatic of
the disease.''.
SEC. 112. ENHANCING AVAILABILITY OF PRIVATE AND INTERNATIONAL SECTOR
FINANCING.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall submit to the
appropriate committees of Congress recommendations concerning the
necessity and feasibility of establishing mechanisms through which the
United States may accept contributions or guarantees from private
organizations, international health agencies, and non-governmental
organizations to enhance the procurement or development of qualified
countermeasures (as such term is defined in section 319F-1 of the
Public Health Service Act (42 U.S.C. 247d-6a(a)).
SEC. 113. RESTORATION OF PATENT TERM.
(a) Purpose.--The purpose of this section is to provide patent
incentives to certain entities to protect inventions from expropriation
by competitors and to provide an incentive for capital formation to
fund countermeasures and vaccine research.
(b) Limitation.--A private entity may utilize the patent term
protection and exclusive marketing provisions described in this title
for countermeasures if such private entity is an entity certified under
section 1812(d) of the Homeland Security Act of 2002.
(c) Restoration of Patent Terms Relating to Countermeasures and
Vaccines.--
(1) In general.--Chapter 14 of title 35, United States
Code, is amended by inserting after section 156 the following:
``Sec. 156a. Restoration of patent terms relating to countermeasures
and vaccines
``(a) Definitions.--In this section, the term--
``(1) `countermeasure product' means a countermeasure, as
that term is defined in section 319F-1 of the Public Health
Service Act, that is also a new drug, antibiotic drug, human
biological product or medical device, as those terms are used
in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) and the Public Health Service Act (42 U.S.C. 201 et
seq.));
``(2) `regulatory review period' means the period of time
that--
``(A) starts on the date that is the later of--
``(i) the date that an eligible patent
sought to be extended under this section is
issued;
``(ii) the date that an exemption under
section 505(i) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(i)) became
effective for the product; or
``(iii) the date on which an
investigational device exemption is approved
pursuant to section 501 of the Federal Food,
Drug and Cosmetic Act;
``(B) ends on the date that is--
``(i) in the case of a drug or antibiotic
drug, the date on which an application
submitted for such drug or antibiotic under
section 505(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)) is approved;
``(ii) in the case of a biologic, the date
on which an application submitted under section
351 of the Public Health Service Act (42 U.S.C.
262) is approved; or
``(iii) in the case of a medical device,
the date on which an application submitted for
such device under section 513 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360c)
is approved; and
``(3) `eligible patent' means a patent that--
``(A)(i) claims a countermeasure product that has
been successfully developed as specified by section
1812(e) of the Homeland Security Act of 2002, or claims
an active ingredient of such countermeasure product, or
a process of making or using the countermeasure product
or an active ingredient of such countermeasure product,
and
``(ii) is owned by or licensed to an entity that
has successfully developed the countermeasure and has
been certified under section 1812(d) of the Homeland
Security Act of 2002, or
``(B) claims a vaccine that has been successfully
developed.
``(b) Patent Term Extension.--The term of an eligible patent shall
be extended by a period equal to the number of days in the regulatory
review period if:
``(1) An application in conformance with the requirements
of section (c) is submitted to the Director by either the owner
of record of the patent or its agent on or before the date
specified in subsection (c)(3), or within 45 days from the date
of issuance of the patent, whichever date is later.
``(2) The patent that is the basis of the application has
not been previously extended under this section, or under
sections 156 or 158 of this title.
``(3) The term of the patent that is the basis of the
application has not expired before the date that the
application is submitted under section (c).
``(4) The regulatory review period for the countermeasure
product or vaccine has not been relied upon to support an
application to extend the term of another patent under this
section or under section 156 of this title.
``(c) Administrative Provisions.--
``(1) In general.--To obtain an extension of the term of a
patent under this section, the assigner of record and licensee
of record of the patent or the agent of the assigner of record
and licensee shall submit an application to the Director.
``(2) Content.--The application shall contain--
``(A) a description of the approved countermeasure
product or vaccine and the Federal statute under which
regulatory review occurred;
``(B) the identity of the patent for which an
extension is sought under this section; and
``(C) such other information as the Director may
require including to establish that the applicant meets
the requirements of this section.
``(3) Submission of application for a countermeasure.--An
application for a countermeasure under this section shall be
submitted to the Director within the 60-day period beginning on
the date the product became eligible for purchase under a
contract for procurement under section 319F-1 or 319F-2 of the
Public Health Service Act.
``(4) Irrevocable election.--The submission of an
application under this section is an irrevocable election of
the application of this section to the patent that is the basis
of the application. A patent that has been the basis of an
application made under this section may not be the subject of
an application made under sections 156 or 158 of this title.
``(5) Rule of construction.--Nothing in this section shall
be construed to prohibit an extension of the term of a patent
relating to a countermeasure product that, before the effective
date of this section was approved for commercial marketing for
non-countermeasure uses.
``(d) Limitation.--A patent may not be extended under this section
where--
``(1) the regulatory review period for the countermeasure
product was concluded before the date of enactment of the
Biological, Chemical, and Radiological Weapons Countermeasures
Research Act; or
``(2) the patent that is the basis of the application under
this section expired before the date of enactment of the
Biological, Chemical, and Radiological Weapons Countermeasures
Research Act.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 14 of title 35, United States Code, is
amended by inserting after the item relating to section 156 the
following:
``156a. Restoration of patent terms relating to countermeasures for
certain biological or chemical agents or
toxins.''.
(d) General Extension of Certain Patent Terms for Patents Held by
Entities That Have Successfully Developed Countermeasures.--
(1) In general.--Chapter 14 of title 35, United States
Code, is amended by adding at the end the following:
``Sec. 158. Patent term for patents held by entities with certain
research certifications
``(a) Definitions.--In this section, the term--
``(1) `countermeasure product' means a countermeasure, as
that term is defined in section 319F-1 of the Public Health
Service Act, that is also a new drug, antibiotic drug, human
biological product or medical device, as those terms are used
in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) and the Public Health Service Act (42 U.S.C. 201 et
seq.);
``(2) `eligible patent' means an issued patent that, at
least 1 year before the date on which an eligible entity was
certified under section 1812(d) of the Homeland Security Act of
2002, was owned by or licensed to that eligible entity; and
``(3) `eligible entity' means a natural or legal person
that has--
``(A) alone or with others, successfully developed
a countermeasure product;
``(B) been certified under section 1812(d) of the
Homeland Security Act of 2002;
``(C) entered into a contract for the sale of the
countermeasure product under section 319F-1 or section
319F-2 of the Public Health Service Act;
``(4) `Research Act' means the Biological, Chemical, and
Radiological Weapons Countermeasures Research Act.
``(b) Special Patent Term Extension.--The term of a eligible patent
shall be extended for a period as specified by regulations to be
promulgated by the Secretary of Health and Human Services, in addition
to the term which would otherwise apply except for this section, if:
``(1) An application in conformance with the requirements
of subsection (c) is submitted to the Director by either the
owner of record of the patent or its agent on or before the
date specified in subsection (c)(3).
``(2) The patent that is the basis of the application has
not been previously extended under this section, or under
sections 156 or 156a of this title.
``(3) The term of the patent that is the basis of the
application has not expired before the date that the
application is submitted under subsection (c).
``(4) The term of no other patent has been extended based
on the certification under section 1812(d) of the Homeland
Security Act of 2002 of the eligible entity.
``(c) Administrative Provisions.--
``(1) In general.--To obtain an extension of the term of a
patent under this section, the owner of record of the patent or
the agent of the owner shall submit an application to the
Director.
``(2) Content.--An application under this section shall
contain--
``(A) a description of the approved countermeasure
product and the Federal statute under which regulatory
review occurred;
``(B) the identity of the patent for which an
extension is sought under this section;
``(C) the identity of the eligible entity and the
applicant; and
``(D) such other information as the Director may
require including to establish that the applicant meets
the requirements of this section.
``(3) Submission of application.--An application under this
section shall be submitted to the Director within the 60-day
period beginning on the date the countermeasure product became
eligible for purchase under a contract for procurement under
section 319F-1 or 3199F-2 of the Public Health Service Act.
``(d) Limitations and Conditions.--
``(1) Period of extension.--The Secretary of Health and
Human Services shall promulgate regulations specifying the
duration of extensions to be granted under the authority of
this section. The extension to be granted to an application
shall be that specified by such regulations in effect on the
date that an application for certification under section
1812(d) of the Homeland Security Act of 2005 is made by the
eligible entity. In no case, shall any extension granted under
this section exceed 2 years, or be less than 6 months.
``(2) Criteria for extension.--The Secretary of Health and
Human Services, in determining the period of extensions to be
granted under the authority of this section, shall consider--
``(A) the nature of the threat to be countered and
the importance of developing countermeasures to respond
to such threat;
``(B) the difficulty, risk, and expense likely to
be associated with the development of such
countermeasure; and
``(C) the impact of the patent extension on
consumers and healthcare providers.
``(3) Limitation.--No patent may be extended under the
authority of this subsection more than once.
``(4) Irrevocable election.--The submission of an
application under this section is an irrevocable election of
the application of this section to the patent that is the basis
of the application. A patent that has been the basis of an
application made under this section may not be the subject of
an application made under sections 156 or 156a of this title.''
(2) Technical and conforming amendment.--The table of
sections for chapter 14 of title 35, United States Code, is
amended by adding at the end the following:
``158. Patent term for patents held by entities with certain research
certifications.''.
(e) Licensing.--
(1) Discretion to waive march-in rights.--Notwithstanding
sections 200, 203, and 209 of title 35, United States Code, an
entity that holds a certification under section 1812(d) of the
Homeland Security Act of 2002 with respect to a product that is
a countermeasure, detection equipment, diagnostic, research
tool, or drug intended to prevent or treat an infectious
disease may license such patented product.
(2) Federally owned inventions.--Section 209 of title 35,
United States Code, is amended--
(A) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(B) by inserting after subsection (d) the
following:
``(e) Terms and Conditions of License.--Each license granted under
section 207(a)(2) shall include a provision that, at the discretion of
the licensee, the licensee may act as the agent for the licensor with
respect to any patent for the licensed invention for purposes of
extending a patent under section 156a or 158.''.
(3) Cooperative research and development agreements.--
Section 12(b) of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3710a(b)) is amended by adding at the end
the following:
``(7) Each license for a patent granted under an agreement
entered into under subsection (a)(1) shall include a provision
that, at the discretion of the licensee, the licensee may act
as the agent for the licensor with respect to that patent for
purposes of extending a patent under section 156a or 158 of
title 35, United States Code.''.
(4) Applicable licenses.--The amendments made by paragraphs
(2) and (3) shall apply only to licenses granted on or after 60
days after the date of enactment of this Act.
(f) Additional Intellectual Property Protections.--Not later than
12 months after the date of enactment of this Act, the Secretary of
Commerce in consultation with the Secretary of Health and Human
Services shall submit to the appropriate committees of Congress
recommendations concerning additional intellectual property incentives
and protections that may be necessary to accelerate efforts to develop
or enhance qualified countermeasures (as defined in section 319F-1 of
the Public Health Service Act (42 U.S.C. 247d-6a(a)) or preparedness
pools.
SEC. 114. INTERNATIONAL HARMONIZATION OF REGULATIONS.
The Secretary of Health and Human Services shall provide an annual
report to the appropriate committees of Congress describing the
activities undertaken, progress made, and barriers to the
implementation by the Department of Health and Human Services with
respect to the international harmonization of regulations, including
the International Conference on Harmonization, the Global Harmonization
Task Force, and efforts to establish international standards for data
exclusivity.
SEC. 115. DEVELOPMENT OF ADDITIONAL ANIMAL MODELS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 319J the following:
``SEC. 319K. ANIMAL MODELS FOR CERTAIN DISEASES.
``(a) In General.--The Secretary, in coordination with the Director
of the National Institute on Allergy and Infectious Diseases and the
Director of the Centers for Disease Control and Prevention, shall
establish and award grants under this section to eligible entities to
study the physiological responses of certain animal species to
bioterrorism agents and other infectious agents.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) provide assurances to the Secretary that the entity
has access to a biosafety level 3 or 4 facility;
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require; and
``(3) agree to submit the results of the research funded
under the grant to the Director of the National Institute on
Allergy and Infectious Diseases.''.
SEC. 116. COLLABORATION AND COORDINATION.
Section 2 of the Clayton Act (15 U.S.C. 13) is amended by adding at
the end the following:
``(g) Limited Antitrust Exemption.--
``(1) Countermeasures development meetings and
consultations.--
``(A) Countermeasures development meeting and
consultations.--The Secretary may conduct meetings and
consultations with parties involved in the development
of priority countermeasures for the purpose of the
development, manufacture, distribution, purchase, or
sale of priority countermeasures consistent with the
purposes of this title. The Secretary shall give notice
of such meetings and consultations to the Attorney
General and the Chairperson of the Federal Trade
Commission (referred to in this subsection as the
`Chairperson').
``(B) Meeting and consultation conditions.--A
meeting or consultation conducted under subparagraph
(A) shall--
``(i) be chaired or, in the case of a
consultation, facilitated by the Secretary;
``(ii) be open to parties involved in the
development, manufacture, distribution,
purchase, or sale of priority countermeasures,
as determined by the Secretary;
``(iii) be open to the Attorney General and
the Chairperson;
``(iv) be limited to discussions involving
the development, manufacture, distribution, or
sale of priority countermeasures, consistent
with the purposes of this title; and
``(v) be conducted in such manner as to
ensure that national security, confidential,
and proprietary information is not disclosed
outside the meeting or consultation.
``(C) Minutes.--The Secretary shall maintain
minutes of meetings and consultations under this
subsection, which shall not be disclosed under section
552 of title 5, United States Code.
``(D) Exemption.--The antitrust laws shall not
apply to meetings and consultations under this
paragraph, except that any agreement or conduct that
results from a meeting or consultation and that does
not receive an exemption pursuant to this subsection
shall be subject to the antitrust laws.
``(2) Written agreements.--The Secretary shall file a
written agreement regarding covered activities, made pursuant
to meetings or consultations conducted under paragraph (1) and
that is consistent with this paragraph, with the Attorney
General and the Chairperson for a determination of the
compliance of such agreement with antitrust laws. In addition
to the proposed agreement itself, any such filing shall
include--
``(A) an explanation of the intended purpose of the
agreement;
``(B) a specific statement of the substance of the
agreement;
``(C) a description of the methods that will be
utilized to achieve the objectives of the agreement;
``(D) an explanation of the necessity of a
cooperative effort among the particular participating
parties to achieve the objectives of the agreement; and
``(E) any other relevant information determined
necessary by the Secretary in consultation with the
Attorney General and the Chairperson.
``(3) Determination.--The Attorney General, in consultation
with the Chairperson, shall determine whether an agreement
regarding covered activities referred to in paragraph (2) would
likely--
``(A) be in compliance with the antitrust laws, and
so inform the Secretary and the participating parties;
or
``(B) violate the antitrust laws, in which case,
the filing shall be deemed to be a request for an
exemption from the antitrust laws, limited to the
performance of the agreement consistent with the
purposes of this title.
``(4) Action on request for exemption.--
``(A) In general.--The Attorney General, in
consultation with the Chairperson, shall grant, deny,
grant in part and deny in part, or propose
modifications to a request for exemption from the
antitrust laws under paragraph (3) within 15 days of
the receipt of such request.
``(B) Extension.--The Attorney General may extend
the 15-day period referred to in subparagraph (A) for
an additional period of not to exceed 10 days. Such
additional period may be further extended only by the
United States district court, upon an application by
the Attorney General after notice to the Secretary and
the parties involved.
``(C) Determination.--In granting an exemption
under this paragraph, the Attorney General, in
consultation with the Chairperson and the Secretary--
``(i) must find--
``(I) that the agreement involved
is necessary to ensure the availability
of priority countermeasures;
``(II) that the exemption from the
antitrust laws would promote the public
interest; and
``(III) that there is no
substantial competitive impact to areas
not directly related to the purposes of
the agreement; and
``(ii) may consider any other factors
determined relevant by the Attorney General and
the Chairperson.
``(5) Limitation on and renewal of exemptions.--An
exemption granted under paragraph (4) shall be limited to
covered activities, and shall expire on the date that is 3
years after the date on which the exemption becomes effective
(and at 3 year intervals thereafter, if renewed) unless the
Attorney General in consultation with the Chairperson
determines that the exemption should be renewed (with
modifications, as appropriate) considering the factors
described in paragraph (4).
``(6) Limitation on parties.--The use of any information
acquired under an exempted agreement by the parties to such an
agreement for any purposes other than those specified in the
antitrust exemption granted by the Attorney General shall be
subject to the antitrust laws and any other applicable laws.
``(7) Guidelines.--The Attorney General and the Chairperson
may develop and issue guidelines to implement this subsection.
``(8) Report.--Not later than 1 year after the date of
enactment of the Biopreparedness Act of 2005, and annually
thereafter, the Attorney General and the Chairperson shall
report to Congress on the use and continuing need for the
exemption from the antitrust laws provided by this subsection.
``(9) Sunset.--The authority of the Attorney General to
grant or renew a limited antitrust exemption under this
subsection shall expire at the end of the 6-year period that
begins on the date of enactment of the Biopreparedness Act of
2005.
``(h) Definitions.--In this section and title XXVIII of the Public
Health Service Act:
``(1) Antitrust laws.--The term `antitrust laws'--
``(A) has the meaning given such term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes the Act of June
19, 1936 (15 U.S.C. 13 et seq.) commonly known as the
Robinson-Patman Act), and section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
``(B) includes any State law similar to the laws
referred to in subparagraph (A).
``(2) Covered activities.--
``(A) In general.--Except as provided in
subparagraph (B), the term `covered activities' means
any group of activities or conduct, including
attempting to make, making, or performing a contract or
agreement or engaging in other conduct, for the purpose
of--
``(i) theoretical analysis,
experimentation, or the systematic study of
phenomena or observable facts necessary to the
development of priority countermeasures;
``(ii) the development or testing of basic
engineering techniques necessary to the
development of priority countermeasures;
``(iii) the extension of investigative
findings or theory of a scientific or technical
nature into practical application for
experimental and demonstration purposes,
including the experimental production and
testing of models, prototypes, equipment,
materials, and processes necessary to the
development of priority countermeasures;
``(iv) the production, distribution, or
marketing of a product, process, or service
that is a priority countermeasures;
``(v) the testing in connection with the
production of a product, process, or services
necessary to the development of priority
countermeasures;
``(vi) the collection, exchange, and
analysis of research or production information
necessary to the development of priority
countermeasures; or
``(vii) any combination of the purposes
described in clauses (i) through (vi);
and such term may include the establishment and
operation of facilities for the conduct of covered
activities described in clauses (i) through (vi), the
conduct of such covered activities on a protracted and
proprietary basis, and the processing of applications
for patents and the granting of licenses for the
results of such covered activities.
``(B) Exception.--The term `covered activities'
shall not include the following activities involving 2
or more persons:
``(i) Exchanging information among
competitors relating to costs, sales,
profitability, prices, marketing, or
distribution of any product, process, or
service if such information is not reasonably
necessary to carry out the purposes of covered
activities.
``(ii) Entering into any agreement or
engaging in any other conduct--
``(I) to restrict or require the
sale, licensing, or sharing of
inventions, developments, products,
processes, or services not developed
through, produced by, or distributed or
sold through such covered activities;
or
``(II) to restrict or require
participation by any person who is a
party to such covered activities in
other research and development
activities, that is not reasonably
necessary to prevent the
misappropriation of proprietary
information contributed by any person
who is a party to such covered
activities or of the results of such
covered activities.
``(iii) Entering into any agreement or
engaging in any other conduct allocating a
market with a competitor that is not expressly
exempted from the antitrust laws by a
determination under subsection (i)(4).
``(iv) Exchanging information among
competitors relating to production (other than
production by such covered activities) of a
product, process, or service if such
information is not reasonably necessary to
carry out the purpose of such covered
activities.
``(v) Entering into any agreement or
engaging in any other conduct restricting,
requiring, or otherwise involving the
production of a product, process, or service
that is not so expressly exempted from the
antitrust laws by a determination under
subsection (i)(4).
``(vi) Except as otherwise provided in this
subsection, entering into any agreement or
engaging in any other conduct to restrict or
require participation by any person who is a
party to such activities, in any unilateral or
joint activity that is not reasonably necessary
to carry out the purpose of such covered
activities.
``(3) Development.--The term `development' includes the
identification of suitable compounds or biological materials,
the conduct of preclinical and clinical studies, the
preparation of an application for marketing approval, and any
other actions related to preparation of a countermeasure.
``(4) Person.--The term `person' has the meaning given such
term in subsection (a) of the first section of the Clayton Act
(15 U.S.C. 12(a)).
``(5) Priority countermeasures.--The term `priority
countermeasure' means a countermeasure, including a drug,
medical device, biological product, or diagnostic test to
treat, identify, or prevent infection by a biological agent or
toxin on the list developed under section 351A(a)(1) of the
Public Health Service Act and prioritized under subsection
(a)(1).''.
CHAPTER 2--ENSURING REGULATORY EFFICIENCY
SEC. 121. COMMISSION ON COUNTERMEASURE AND VACCINE REGULATION.
(a) Establishment.--There shall be established a commission to be
known as the Commission on Countermeasure and Vaccine Regulation
(referred to in this section referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 7
members to be appointed by the Secretary of Health and Human
Services in accordance with this subsection.
(2) Expertise requirement.--The members of the Commission
shall consist of individuals with expertise and experience in
the manufacture, regulation, distribution, and use of vaccines,
of which--
(A) at least 2 members of the Commission shall have
experience qualified by training and experience to
inspect vaccine manufacturing facilities and may be
employees of the Department of Health and Human
Services;
(B) at least 2 members of the Commission shall
represent manufacturers of vaccine products; and
(C) at least 1 member of the Commission shall be a
representative of vaccine consumers.
(3) Chairperson.--The Secretary shall appoint an individual
to serve as the Chairperson of the Commission. Such individual
shall not be an employee of the Department of Health and Human
Services.
(c) Functions.--The Commission shall conduct a study of the
statutes, regulations, guidelines, and compliance, inspection, and
enforcement practices and policies of the Department of Health and
Human Services and of the Food and Drug Administration that are
applicable to vaccines intended for human use that are in periodic
short supply in the United States.
(d) Requirements.--The study under subsection (c) shall include a
review of the regulatory requirements, guidelines, practices, and
policies--
(1) for the development and licensing of vaccines and the
licensing of vaccine manufacturing facilities;
(2) for inspections and other activities for maintaining
compliance and enforcement of the requirements applicable to
such vaccines and facilities: and
(3) that may have contributed to temporary or long-term
shortages of vaccines.
(e) Report and Recommendations.--Not later than 6 months after the
date of enactment of this Act, the Commission shall submit to the
Secretary of Health and Human Services, the Committee on Health,
Education, Labor and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report that contains--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for modifications to the regulatory
requirements, guidelines and practices, and policies described
in subsection (b) to reduce waste, increase efficiency, and
ensure the rapid availability of safe and effective products.
SEC. 122. TECHNICAL ASSISTANCE.
Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the
following:
``SEC. 565. TECHNICAL ASSISTANCE.
``The Secretary, in consultation with the Commissioner of Food and
Drugs, shall establish within the Food and Drug Administration a team
of experts on manufacturing and regulatory activities (including
compliance with current Good Manufacturing Practices) to provide both
off-site and on-site technical assistance, at the request of the
manufacturer, to the manufacturers of vaccines or other biological
products regulated under this act or section 351 of the Public Health
Service Act if the Secretary determines that a shortage or potential
shortage may occur in the United States in the supply of such vaccines
or products and that the provision of such assistance would be
beneficial in helping alleviate or avert such shortage.''.
SEC. 123. REQUIREMENT TO FULLY INFORM.
(a) In General.--Subchapter E of Chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb et seq.), as amended by
section 122, is further amended by adding at the end the following:
``SEC. 566. REQUIREMENT TO FULLY INFORM.
``Notwithstanding any other provision of law, a manufacturer of a
drug that is subject to Food and Drug Administration regulation shall
promptly submit to the Food and Drug Administration all communications
between the manufacturer and the regulatory body of a foreign
government if the content of such communications may impact the
introduction of a drug into the interstate commerce of the United
States.''.
(b) Conforming Amendment.--Section 301 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(hh) The knowing failure or refusal by a manufacturer of a drug
or vaccine to provide any communication required by this chapter.''.
SEC. 125. ACCELERATED APPROVAL OF COUNTERMEASURES OR VACCINES.
(a) In General.--The Secretary of Health and Human Services may
designate a countermeasure or vaccine as a fast-track product pursuant
to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356). Such a designation may be made for countermeasures or vaccines
that demonstrate the potential to improve upon countermeasures or
vaccines available at the time of such declaration. Such a designation
may be made prior to the submission of--
(1) a request for designation by the sponsor or applicant;
or
(2) an application for the investigation of the drug under
section 505(i) of such Act or section 351(a)(3) of the Public
Health Service Act.
(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit a sponsor or applicant from declining a
designation under subsection (a).
SEC. 126. NATIONAL UNIFORMITY FOR APPROVED PRODUCTS.
(b) Other Products.--Chapter VII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 371 et seq.) is amended by adding at the end
the following:
``Subchapter H--National Uniformity for Approved Products
``SEC. 761. NATIONAL UNIFORMITY FOR DRUGS, VACCINES, AND OTHER
BIOLOGICAL PRODUCTS.
``(a) In General.--Except as provided in section 763, no State,
political subdivision of a State, or judicial system of a State may
establish or continue in effect any requirement--
``(1) that relates to the regulation of a drug intended for
use by humans (including a vaccine or other biological
product); and
``(2) that is different from or in addition to, or that is
otherwise not identical with, a requirement of this Act,
section 351 of the Public Health Service Act (42 U.S.C. 262),
the Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.),
and the administrative implementation of such Acts.
``(b) Requirement Relating to Regulations.--For purposes of this
section, a requirement relating to the regulation of a drug, vaccine,
or other biological product shall be deemed to include any requirement
relating to the subject matter in any provision of this Act, section
351 of the Public Health Service Act (42 U.S.C. 262), or the Fair
Packaging and Labeling Act (15 U.S.C. 1451 et seq.), but shall not
include any requirement relating to the practice of pharmacy or any
requirement that a drug be dispensed only upon the prescription of a
practitioner licensed by law to administer such drug.
``SEC. 762. WARNING UNIFORMITY.
``(a) In General.--Except as provided in this section, no State or
political subdivision of a State may, directly or indirectly, establish
or continue in effect under any authority any notification requirement
for a drug, vaccine, or other biological product intended for use by
humans that provides for a warning concerning the safety of the drug,
vaccine, or biological product or any component or package thereof,
unless such notification requirement has been prescribed under the
authority of this Act and the State or political subdivision
notification requirement is identical to the notification requirement
prescribed under the authority of this Act.
``(b) Definitions.--In this section:
``(1) Notification requirement.--The term `notification
requirement' includes any mandatory disclosure requirement
relating to the dissemination of information about a drug,
vaccine, or biological product in any manner, such as labels,
labeling, posters, public notices, advertising, or any other
means of communication.
``(2) Warning.--The term `warning' with respect to a drug,
vaccine, or other biological product means any statement,
vignette, or other representation which indicates, directly or
by implication, that the drug, vaccine or biological product
presents or may present a hazard to human health or safety.
``SEC. 763. EXEMPTIONS FROM UNIFORMITY.
``Upon application of a State, the Secretary may by regulation,
after notice and opportunity for written and oral presentation of
views, exempt from section 761 or 762, under such conditions as the
Secretary may impose, a State requirement that--
``(1) is justified by compelling and unique local
conditions;
``(2) protects an important public interest that would
otherwise be unprotected;
``(3) would not cause any drug, vaccine, or other
biological product to be in violation of any applicable
requirement or prohibition under Federal law; and
``(4) would not unduly burden interstate commerce.''.
Subtitle B--Litigation Reform
CHAPTER 1--PROTECTION FOR COUNTERMEASURES AND PRODUCTS PROTECTING
AGAINST PANDEMICS, EPIDEMICS, AND BIOTERRORISM
SEC. 131. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
COUNTERMEASURES.
Part B of title III of the Public Health Service Act is amended by
inserting after section 319F-2 (42 U.S.C. 247d-6b) the following:
``SEC. 319F-3. LIABILITY PROTECTIONS FOR PANDEMICS, EPIDEMICS, AND
COUNTERMEASURES.
``(a) Authority.--The Secretary shall be responsible for the
administration of this section. This section shall apply with respect
to both Federal and non-Federal sales and purchases of qualified
countermeasures within the meaning of section 319F-1 of the Public
Health Service Act, or qualified pandemic or epidemic technologies.
``(b) Litigation Management.--
``(1) Federal cause of action.--
``(A) In general.--There shall exist an exclusive
Federal cause of action for claims arising out of,
relating to, or resulting from the use of a qualified
pandemic or epidemic technology or qualified
countermeasure. The substantive law for decision in any
such action shall be derived from the law, including
choice of law principles, of the State in which such
cases of pandemic occur, unless such law is
inconsistent with or preempted by Federal law. Such
Federal cause of action shall be brought only for
claims for injuries that are proximately caused by
manufacturers, distributors, or health care providers
that provide qualified pandemic or epidemic technology
or qualified countermeasure to Federal and non-Federal
Government customers.
``(B) Jurisdiction.--Such appropriate district
court of the United States shall have original and
exclusive jurisdiction over all actions for any claim
for loss of property, personal injury, or death arising
out of, relating to, or resulting from when a qualified
pandemic technology has been deployed in defense
against or response or recovery and such claims result
or may result in loss to the manufacturer, distributor,
or health care provider.
``(2) Special rules.--In an action brought under this
section for damages the following provisions shall apply:
``(A) Punitive damages.--No punitive damages
intended to punish or deter, exemplary damages, or
other damages not intended to compensate a plaintiff
for actual losses may be awarded, nor shall any party
be liable for interest prior to the judgment.
``(B) Noneconomic damages.--
``(i) In general.--Noneconomic damages may
be awarded in an amount not to exceed $250,000
against a defendant only in an amount directly
proportional to the percentage of
responsibility of such defendant for the harm
to the plaintiff, and no plaintiff may recover
noneconomic damages unless the plaintiff
suffered physical harm.
``(ii) Definition.--For purposes of clause
(i), the term `noneconomic damages' means
damages for losses for physical and emotional
pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss
of enjoyment of life, loss of society and
companionship, loss of consortium, hedonic
damages, injury to reputation, and any other
nonpecuniary losses.
``(3) Collateral sources.--Any recovery by a plaintiff in
an action under this section shall be reduced by the amount of
collateral source compensation, if any, that the plaintiff has
received or is entitled to receive that result or may result in
loss to the manufacturer, distributor, or health care provider.
``(4) Government contractor defense.--
``(A) In general.--Should a product liability or
other lawsuit be filed for claims arising out of,
relating to, or resulting from the use of a qualified
countermeasure, or qualified pandemic or epidemic
technology in anticipation of and preparation for, in
defense against or response or recovery and such claims
result or may result in loss to the manufacturer,
distributor, or health care provider there shall be a
rebuttable presumption that the government contractor
defense applies in such lawsuit. This presumption shall
only be overcome by evidence showing that the
manufacturer, distributor or health care provider acted
fraudulently or with willful misconduct. This
presumption of the government contractor defense shall
apply regardless of whether the claim against the
manufacturer, distributor or health care provider
arises from a sale of the product to Federal Government
or non-Federal Government customers.
``(B) Product approval.--A defendant may assert the
defense under subparagraph (A), if the qualified
countermeasure or qualified pandemic or epidemic
technology involved--
``(i) is approved or cleared under chapter
V of the Federal Food, Drug, and Cosmetic Act
or licensed under section 351 of this Act;
``(ii) is a countermeasure for which the
Secretary determines that sufficient and
satisfactory clinical experience or research
data (including data, if available, from pre-
clinical and clinical trials) support a
reasonable conclusion that the countermeasure
will qualify for approval or licensing within 8
years after the date of a determination under
section 319F-2; or
``(iii) is authorized for emergency use
under section 564 of the Federal Food, Drug,
and Cosmetic Act.
``(c) Definitions.--In this section:
``(1) Qualified pandemic or epidemic technology.--The term
`qualified pandemic or epidemic technology' means any product
(including drugs, vaccines, and other biologics), equipment,
service (including support services), device, or technology
(including information technology) designed, developed,
modified, or procured for the specific purpose of preventing,
detecting, identifying, or preventing a pandemic or epidemic or
limiting the harm such pandemic or epidemic might otherwise
cause, that is designated as such by the Secretary after the
Secretary declares a public health emergency as described in
section 319.
``(2) Health care provider.--The term `health care
provider' means a person who lawfully prescribes, administers,
or provide a facility to administer a qualified countermeasure
or a qualified pandemic or epidemic technology.
``(3) Loss.--The term `loss' means death, bodily injury, or
loss of or damage to property, including business interruption
loss.
``(4) Non-federal government customers.--The term `non-
Federal Government customers' means any customer of a
manufacturer that is not an agency or instrumentality of the
United States Government with authority under Public Law 85-804
to provide for indemnification under certain circumstances for
third-party claims against its contractors, including but not
limited to State and local authorities and private entities.''.
CHAPTER 2--VACCINE INJURY COMPENSATION PROGRAM
SEC. 141. VACCINE INJURY COMPENSATION AND VACCINE LITIGATION REFORM.
(a) Findings.--Congress finds that--
(1) there are shortcomings in the Vaccine Injury
Compensation Program and loopholes in that program that have
been exploited in a manner that has contributed to a decline in
the availability of vaccines generally in the United States and
a decline in the number of manufacturers able to supply
vaccines; and
(2) the condition described in paragraph (1) presents a
barrier to the development of vaccines needed for bioterror
countermeasures.
(b) Recommendations.--After considering recent changes in the
litigation environment with respect to vaccines as well as recent
scientific evidence and reports by the Institute of Medicine and others
with respect to the safety of vaccines and their components and
ingredients, the Secretary of Health and Human Services and the
Attorney General shall, not later than 6 months after the date of
enactment of this Act, jointly submit recommendations to the
appropriate committees of Congress concerning necessary modifications
to the Vaccine Injury Compensation Program and Federal rules regarding
litigation involving vaccines.
SEC. 142. MODIFICATIONS TO VACCINES FOR CHILDREN PROGRAM.
(a) Expansion of Definition of Federally Vaccine-Eligible Child.--
Section 1928(b)(2)(A)(iii) of the Social Security Act (42
U.S.C.1396s(b)(2)(A)(iii)) is amended to read as follows:
``(iii) A child who (I) is administered a
qualified pediatric vaccine by a federally-
qualified health center (as defined in section
1905(l)(2)(B)), a rural health clinic (as
defined in section 1905(l)(1)), or a State or
local public health clinic, and (II) is not
insured with respect to the vaccine.''.
(b) Repeal of Price Cap for Pre-1983 Vaccines.--
(1) In general.--Section 1928(d)(3)(E) of such Act (42
U.S.C.1396s(d)(3)(B)) is repealed.
(2) Conforming amendment.--Section 1928(d)(3) of such Act
(42 U.S.C. 1396s(d)(3)) is amended by re-designating
subparagraph (C) as subparagraph (B).
(c) Simplified Administration of Vaccine Supply.--Section
1928(d)(6) of such Act (42 U.S.C. 1396s(d)(6)) is amended by inserting
before the last sentence the following: ``The Secretary may sell such
quantities of vaccines from such supply as the Secretary determines
appropriate. Proceeds received from such sales shall be available to
the Secretary only for the purposes of procuring pediatric vaccine
stockpiles under this section and shall remain available until
expended.''.
CHAPTER 3--ENCOURAGING VACCINE AND COUNTERMEASURE PRODUCTION CAPACITY
SEC. 151. INCENTIVES FOR THE CONSTRUCTION OF VACCINE AND COUNTERMEASURE
MANUFACTURING FACILITIES.
(a) Vaccine and Countermeasures Manufacturing Facilities Investment
Tax Credit.--
(1) Allowance of credit.--Section 46 of the Internal
Revenue Code of 1986 (relating to amount of investment credit)
is amended by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(3) the vaccine and countermeasures manufacturing
facilities investment credit.''.
(2) Amount of credit.--Section 48 of such Code is amended
by adding at the end the following new subsection:
``(c) Vaccine and Countermeasures Manufacturing Facilities
Investment Credit.--
``(1) In general.--For purposes of section 46, the vaccine
and countermeasures manufacturing facilities investment credit
for any taxable year is an amount equal to 20 percent of the
qualified investment for such taxable year.
``(2) Qualified investment.--For purposes of paragraph (1),
the qualified investment for any taxable year is the basis of
each vaccine manufacturing facilities property placed in
service by the taxpayer during such taxable year.
``(3) Vaccine or countermeasures manufacturing facilities
property.--For purposes of this subsection, the term `vaccine
or countermeasures manufacturing facilities property' means
real and tangible personal property--
``(A)(i) the original use of which commences with
the taxpayer, or
``(ii) which is acquired through purchase (as
defined by section 179(d)(2)),
``(B) which is depreciable under section 167,
``(C) which is used for the manufacture,
distribution, or research and development of vaccines
or qualified countermeasures (as such term is defined
in section 319F-1 of the Public Health Service Act),
and
``(D) which is in compliance with any standards and
regulations which are promulgated by the Food and Drug
Administration, the Occupational Safety and Health
Administration, or the Environmental Protection Agency
and which are applicable to such property.
``(4) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsections (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.
``(5) Termination.--This subsection shall not apply to any
property placed in service after December 31, 2009.''.
(b) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following new clause:
``(iv) the basis of any vaccine or
countermeasures manufacturing facilities
property.''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(4)'' before the period.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''.
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of enactment of
the Revenue Reconciliation Act of 1990).
SEC. 152. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES OR
COUNTERMEASURES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits), as amended by this Act, is amended by adding at the end the
following new section:
``SEC. 45L. CREDIT FOR MEDICAL RESEARCH RELATED TO DEVELOPING VACCINES
OR COUNTERMEASURES.
``(a) General Rule.--For purposes of section 38, the vaccine
research credit determined under this section for the taxable year is
an amount equal to 35 percent of the qualified vaccine or
countermeasures research expenses for the taxable year.
``(b) Qualified Vaccine or Countermeasures Research Expenses.--For
purposes of this section--
``(1) Qualified vaccine or countermeasures research
expenses.--Except as otherwise provided in this subsection, the
term `qualified vaccine or countermeasures research expenses'
means the amounts which are paid or incurred by the taxpayer
during the taxable year with respect to any research and
development of vaccines or qualified countermeasures (as such
term is defined in section 319F-1 of the Public Health Service
Act) which would be described in subsection (b) of section 41
if such subsection were applied with the modifications set
forth in paragraph (2).
``(2) Modifications; increased incentive for contract
research payments.--For purposes of paragraph (1), subsection
(b) of section 41 shall be applied--
``(A) by substituting `qualified vaccine research'
for `qualified research' each place it appears in
paragraphs (2) and (3) of such subsection,
``(B) by substituting `100 percent' for `65
percent' in paragraph (3)(A) of such subsection, and
``(C) in a manner so that qualified research and
development expenses include expenses related to re-
formulating existing vaccines.
``(3) Exclusion for amounts funded by grants, etc.--The
term `qualified vaccine research expenses' shall not include
any amount to the extent such amount is funded by any grant,
contract, or otherwise by another person (or any governmental
entity).
``(c) Coordination With Credit for Increasing Research
Expenditures.--
``(1) In general.--Except as provided in paragraph (2), any
qualified vaccine or countermeasures research expenses for a
taxable year to which an election under this section applies
shall not be taken into account for purposes of determining the
credit allowable under section 41 for such taxable year.
``(2) Expenses included in determining base period research
expenses.--Any qualified vaccine or countermeasures research
expenses for any taxable year which are qualified research
expenses (within the meaning of section 41(b)) shall be taken
into account in determining base period research expenses for
purposes of applying section 41 to subsequent taxable years.
``(d) Special Rules.--
``(1) Certain rules made applicable.--Rules similar to the
rules of paragraphs (1) and (2) of section 41(f) shall apply
for purposes of this section.
``(2) Coordination with credit for clinical testing
expenses for certain drugs for rare diseases.--Any qualified
vaccine or countermeasures research expense for a taxable year
shall not be taken into account for purposes of determining the
credit allowable under section 45C for such taxable year.
``(3) Coordination with credit for countermeasures
research.--Any qualified vaccine or countermeasures research
expense for a taxable year shall not be taken into account for
purposes of determining the credit allowable under section 45K
for such taxable year.''.
(b) Inclusion in General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986, as amended by this Act, is amended by
striking ``plus'' at the end of paragraph (21), by striking the period
at the end of paragraph (22) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(23) the vaccine or countermeasures research credit
determined under section 45L.''.
(c) Denial of Double Benefit.--Section 280C of the Internal Revenue
Code of 1986 (relating to certain expenses for which credits are
allowable), as amended by this Act, is amended by adding at the end the
following new subsection:
``(g) Credit for Qualified Vaccine or Countermeasures Research
Expenses.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified vaccine or countermeasures research
expenses (as defined in section 45L(b)) otherwise allowable as
a deduction for the taxable year which is equal to the amount
of the credit determined for such taxable year under section
45L(a).
``(2) Certain rules to apply.--Rules similar to the rules
of paragraphs (2), (3), and (4) of subsection (c) shall apply
for purposes of this subsection.''.
(d) Deduction for Unused Portion of Credit.--Section 196(c) of the
Internal Revenue Code of 1986 (defining qualified business credits), as
amended by this Act, is amended by striking ``and'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(16) the vaccine or countermeasures research credit
determined under section 45L(a) (other than such credit
determined under the rules of section 280C(g)(2)).''.
(e) Technical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986, as amended by this Act, is amended by adding at the end the
following new item:
``Sec. 45L. Credit for medical research
related to developing vaccines
or countermeasures.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 153. GRANTS TO CONSTRUCT AND IMPROVE RESEARCH AND DEVELOPMENT AND
MANUFACTURING OF COUNTERMEASURES OR VACCINES.
Part B of title III of the Public Health Service Act is amended by
inserting after section 519K (as added by section 115) the following:
``SEC. 319L. GRANTS TO CONSTRUCT AND IMPROVE RESEARCH AND DEVELOPMENT
AND MANUFACTURING OF COUNTERMEASURES OR VACCINES.
``(a) In General.--The Secretary may award grants to a manufacturer
to purchase or improve real property and tangible personal property
used in the research and development, manufacture, or distribution of a
countermeasure or vaccine.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a manufacturer shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a detailed description of the equipment, facility, or
property involved;
``(2) a detailed description of the countermeasure or
vaccine involved;
``(3) a detailed description of the research and
development, manufacturer, or distribution involved;
``(4) a description of how such equipment, facility, or
property is to be used;
``(5) a description of whether such equipment, facility, or
property can be used for the research and development,
manufacture, or distribution of a drug, biological product,
vaccine, medical device or other countermeasure not described
in paragraph (2); and
``(6) a certification that the equipment, facility, or
property involved complies with all applicable Federal, State,
and local laws.
``(c) Recapture.--If, at any time prior to the expiration of the
20-year period beginning on the date on which a grant is awarded under
this section, the equipment, facility, or property involved shall cease
to be used for the purposes for which the grant was awarded, the United
States shall be entitled to recover from the manufacturer an amount
bearing the same ratio to the current value of the facility (at the
time of the determination) as the amount the grant bore to the total
cost of the purchase or improvement involved. Such current value may be
determined by agreement of the manufacturer and the Secretary or by
order of the United States District Court for the district in which
such facility is situated. The Secretary may not recapture the
equipment, facility, or property, in accordance with regulations, if
the Secretary determines there is good cause for the failure of proper
use.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this
section.''.
SEC. 154. REVENUE RECOGNITION FOR ADULT AND PEDIATRIC VACCINES AND
OTHER COUNTERMEASURES AGAINST POTENTIAL ACTS OF
TERRORISM.
Notwithstanding any other Federal or State law (including general
accounting guidelines of the Securities and Exchange Commission), the
revenue derived under a Federal Government contract from the
stockpiling, holding, storing, rotating, or other management of an
inventory of vaccines or countermeasures shall be deemed as income to
the manufacturer or other legal entity at the time such manufacturer or
entity receives such revenue, except for any revenue credited back or
returned to such agency or for inventories subsequently sold by such
manufacturer or entity to a third party.
Subtitle C--Public Health Preparedness
CHAPTER 1--CAPACITY TO RESPOND
SEC. 171. PANDEMIC INFLUENZA PREPAREDNESS AND RESPONSE PLAN.
(a) In General.--In implementing out the Pandemic Influenza
Preparedness and Response Plan of the Centers for Disease Control and
Prevention, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall ensure funding for the
following activities:
(1) Research.--The Secretary shall provide funding to carry
out research to develop improved influenza vaccines.
(2) Education and outreach.--The Secretary shall carry out
activities to increase public awareness on the need to be
vaccinated, particularly in priority or high-risk populations.
(3) Surveillance.--The Secretary shall--
(A) carry out activities to improve international
and State influenza surveillance capacity;
(B) conduct influenza vaccine safety and efficacy
data collection; and
(C) provide for the conduct of epidemiological
studies and research concerning novel influenza
viruses.
(4) Improve communication.--In the case of a vaccine
production delay or shortage or an influenza pandemic or
epidemic, the Secretary shall--
(A) identify those priority sub-groups that should
be vaccinated first;
(B) provide the information determined under
subparagraph (A) to State and local health department;
and
(C) identify which priority sub-group each State or
local health department should have responsibility for
vaccinating.
(b) Direct Distribution.--Notwithstanding any other provision of
law, if the Secretary determines that an influence pandemic or epidemic
has occurred, or is imminent, the Secretary shall have the authority
to--
(1) determine which health care providers should receive
priority in the allotment of influenza vaccine; and
(2) require manufactures or distributors of such vaccine to
provide such vaccine to the providers identified under
paragraph (1).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $100,000,000 for fiscal year
2006, and such sums as may be necessary for each of fiscal years 2007
through 2011.
SEC. 172. NATIONAL NOTIFIABLE DISEASE SURVEILLANCE PROGRAM.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended--
(1) by striking section 314; and
(2) by inserting after section 311, the following:
``SEC. 311A. NATIONAL NOTIFIABLE DISEASE SURVEILLANCE PROGRAM.
``(a) In General.--The Secretary is authorized to develop a real-
time surveillance program for collecting and reporting information on
notifiable diseases and conditions.
``(b) Notifiable Diseases.--Not later than 180 days after the date
of enactment of the Public Health Security Act of 2005, and annually
thereafter, the Secretary, in consultation with State and local health
authorities and appropriate private professional societies, shall
certify a list of infectious diseases, environmental exposures or
poisons, and other conditions, the real-time surveillance and control
of which, in each State and territory of the United States, constitute
a critical public health need. For purposes of this part, the term
`notifiable disease' means a disease, exposures or poison, or other
condition that appears on the list under this section.
``(c) Federal Informatics Activities.--
``(1) In general.--In order to meet the urgent need for
critical electronic surveillance of notifiable diseases, the
Director of the Centers for Disease Control and Prevention, in
consultation with State and local health authorities, shall,
not later than 1 year after the date of enactment of the Public
Health Security Act of 2005, establish and maintain a national
electronic surveillance program that includes the following
components:
``(A) Procedures to provide for the collection (in
a standardized form) and analysis of data on all
notifiable diseases and on certain other conditions
that States or regions elect to report to the program.
``(B) A procedure to enable all major public and
private clinical laboratories to automatically report
data, in compliance with the regulations promulgated
under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996, to the
program concerning notifiable diseases, antimicrobial
resistance testing, and other data determined
appropriate by the Director.
``(C) A procedure to provide for syndromic and
disease-specific surveillance by monitoring, in
compliance with the regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996, of private sector health-
related electronic data (such as pharmaceutical
purchase data and health insurance claims data).
``(D) A procedure to enable States to report data
on suspicious cases of conditions that are not on the
notifiable disease list but that may warrant further
investigation.
``(E) A procedure to enable the program to
automatically identify certain trends and suspicious
patterns with respect to data reported to the program.
``(F) A procedure to enable the program to provide
regular reports to regional, State, and local
government entities concerning disease trends,
suspicious disease patterns, incidence and prevalence
of diseases, laboratory data, and other information
determined appropriate. Such information shall include
data on comparative national disease trends.
``(G) A procedure to enable the program to collect
and analyze data from certain seminal veterinary and
environmental sources where appropriate.
``(H) A procedure to enable the program to export
data in a form appropriate for aggregation, statistical
analysis, and reporting.
``(I) A procedure to enable the program to receive
and report data relating to non-notifiable diseases,
including vital records, registries, chronic disease,
and maternal and child health data.
``(2) Timeliness of reporting.--The procedures developed
under paragraph (1) for the reporting of data shall ensure that
such data are reported in a timely manner.
``(3) Private sector resources.--To meet the deadline
described in paragraph (1), the Director of the Centers for
Disease Control and Prevention may, on a temporary or permanent
basis, implement systems or products developed by the private
sector.
``(4) Authority for contracts.--In carrying out this
subsection, the Director of the Centers for Disease Control and
Prevention may enter into contracts with public and private
entities.
``(d) National Biointelligence Unit.--The Director of the Centers
for Disease Control and Prevention shall analyze data maintained by the
national electronic surveillance program under subsection (b), and data
from other sources, to report on the prevalence and incidence of
notifiable diseases and conditions, trends and patterns in public
health, emerging health problems, regional differences, and other
analyses determined appropriate by the Director of the Centers for
Disease Control and Prevention.
``(e) Federal Technical Assistance, Communication, and
Coordination.--
``(1) In general.--In carrying out this section, the
Secretary shall provide technical assistance to, and provide
for appropriate communications to the public, scientific,
public health and medical communities, and other key
stakeholders, and to provide for the coordination of the
activities of--
``(A) State and local health authorities to
integrate State and local surveillance activities and
systems with the national notifiable disease
surveillance program developed under this section and
to generally improve State and local notifiable disease
reporting and communications; and
``(B) private corporations, professional
associations, or other entities that may have sources
of surveillance data or access to health care
providers, health officials, or other individuals who
would need to participate in a surveillance program.
``(2) Financial assistance.--Assistance provided under
paragraph (1)(B) may include financial assistance for the
purpose of formatting or translating data into a form that is
most compatible and appropriate for use in the national
notifiable disease surveillance program developed under this
section.
``(3) Health alert registration and information.--
``(A) Registration.--Each health care provider and
facility that receives funds under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) or that
receives funds under a State program under title XIX of
such Act (42 U.S.C. 1396 et seq.) shall annually submit
to the Secretary a registration that contains the e-
mail address or fax number of the provider or facility
for purposes of enabling the Secretary to provide
health alerts in the case of a public health emergency
or other circumstance requiring active surveillance.
``(B) Establishment of system.--The Secretary shall
establish a system to maintain the information provided
by providers and facilities under subparagraph (A).
Such system shall be designed--
``(i) to enable providers and facilities--
``(I) to provide and update
information contained in the system;
and
``(II) to request information or to
elect to receive additional types of
non-emergency health alerts or
communications; and
``(ii) to enable the Director of the
Centers for Disease Control and Prevention to
provide updated contact information for
providers and facilities to State and local
health authorities for the purpose of emergency
health communications.
``(f) Grants to States for Disease Reporting.--
``(1) Grants.--The Secretary shall award grants to States
to enable such States to conduct passive, active, and when
appropriate syndromic surveillance, and timely reporting
activities with respect to notifiable diseases.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including--
``(A) a description of the manner in which grants
funds will be used to enhance the timeliness and
comprehensiveness of the State's effort to report
notifiable diseases to the program under subsection
(c); and
``(B) a plan for identifying and reporting to the
Secretary the identity of health care providers and
facilities that consistently fail to report to the
State instances of notifiable diseases in a timely
manner.
``(3) Enhanced grant.--In the case of a State that submits
a plan, as part of the application under paragraph (2), to
transition State and local reporting of notifiable diseases to
an electronic system that is compatible with the program under
subsection (c), the amount of the grant awarded to a State
under paragraph (1) shall be increased by an amount determined
by the Secretary to be necessary to complete such transition.
``(4) Supplement not supplant funds for activities.--A
State shall use amounts received under a grant under this
subsection to supplement and not supplant other funds made
available by the State for the conduct of reporting activities
with respect to notifiable diseases.
``(5) Reduction in block grant funding.--For fiscal year
beginning with fiscal year 2008, if the Secretary determines
that a State is not reporting all notifiable diseases to the
program established under subsection (c) in a timely manner
through the use of an electronic system that is compatible with
the program, the State shall not be eligible to receive a grant
under part A of title XIX for such fiscal year.
``(6) Failure to report.--A health care provider or
facility shall not be eligible to receive funds under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or
under a State program under title XIX of such Act (42 U.S.C.
1396 et seq.) if the Secretary determines, based on a State
notification received under the plan described in paragraph
(2)(B), that such provider or facility has consistently failed
to report, in a timely manner, instances of notifiable diseases
to the State for submission to the program under subsection
(c).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
SEC. 173. ENHANCING CRITICAL CAPACITY FOR ILLNESS DETECTION.
Section 319C(c) of the Public Health Service Act (42 U.S.C. 247d-
3(c)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) develop benchmarks for meeting critical capacity for
food or water borne disease detection and response.''.
SEC. 174. EVALUATION OF PUBLIC HEALTH CAPACITY OUTCOMES.
Section 319C-1(b) of the Public Health Service Act (42 U.S.C. 247d-
3a(b)) is amended by adding at the end the following:
``(3) Evaluation of public health capacity outcomes.--The
Director of the Centers for Disease Control and Prevention
shall enter into contracts with independent entities for the
periodic evaluation of the progress made by State and local
governments in meeting the benchmarks established in the plan
under paragraph (1)(A)(ii)(V).''.
SEC. 175. NONIMMIGRANT HEALTH SCREENING.
(a) Parity in Screening for Non-Immigrants.--Section 212(a)(1) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(1)) is amended by
adding at the end the following:
``(D) Application of regulations.--Determinations
under subparagraph (A) shall be made based upon
regulations promulgated by the Secretary of Health and
Human Services under clause (i) of such subparagraph
regardless of whether the alien involved is applying
for permanent admission or for a visa for a stay of 6
months or longer (including aliens seeking a temporary
work visa or student visa). The health-related
requirements under such regulations shall be applied in
the same manner to all such aliens.''.
(b) Panel Physician Quality Control.--Section 361 of the Public
Health Service Act (42 U.S.C. 264) is amended by adding at the end the
following:
``(f) Where the United States enters into agreements or contracts
(or other arrangements) with physicians or other health care providers
and laboratories in foreign nations for the purpose of conducting
health screening of aliens seeking temporary or permanent residence in
the United States, the Secretary shall evaluate each such physician or
provider on an annual basis to determine (and certify) that the
physician or provider adequately complies with applicable regulations
governing the medical screening of applicants for entry into the United
States.''.
SEC. 176. INSPECTION, SCREENING, AND QUARANTINING OF LIVE ANIMALS.
Section 362 of the Public Health Service Act (42 U.S.C. 265) is
amended by adding at the end the following: The Secretary shall
establish procedures for the appropriate inspection, screening, and
quarantine of live animals entering the United States for commercial
purposes, including procedures to protect domestic animal and human
populations from diseases carried by imported live animals.''.
SEC. 177. AUTHORITY TO PROCURE AIRCRAFT.
Section 301 of the Public Health Service Act (42 U.S.C. 241 et
seq.) is amended by adding at the end the following:
``(e) The Secretary may procure and maintain aircraft for the
purpose of transporting personnel, equipment, biological or
environmental specimens, or humans or animals requiring advanced
biohazard protection in a timely fashion in the event of an outbreak of
infectious disease or another public health emergency. In lieu of
procuring an aircraft under the preceding sentence, the Secretary may
enter into a contract for air transportation that achieves the purpose
described in such sentence.''.
CHAPTER 2--PUBLIC HEALTH WORKFORCE
SEC. 181. PUBLIC HEALTH WORKFORCE SCHOLARSHIP AND LOAN REPAYMENT
PROGRAM.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--Public Health Workforce Scholarship and Loan Repayment
Program
``SEC. 780. PUBLIC HEALTH WORKFORCE LOAN REPAYMENT PROGRAM.
``(a) Establishment.--The Secretary shall establish the Public
Health Workforce Loan Repayment Program (referred to in this section as
the `Program') to assure an adequate supply of public health
professionals to eliminate critical public health preparedness
workforce shortages in Federal, State, local, and tribal public health
agencies.
``(b) Eligibility.--To be eligible to participate in the Program,
an individual shall--
``(1)(A) be accepted for enrollment, or be enrolled, as a
full-time or part-time student in an accredited academic
educational institution in a State or territory in the final
year of a course of study or program offered by that
institution leading to a health professions or medical degree
or certificate, which may include a degree (graduate,
undergraduate, or associate) or certificate relating to public
health, laboratory sciences, or epidemiology; or
``(B) have graduated, within 5 years, from an accredited
educational institution in a State or territory and received a
health professions or medical degree (graduate, undergraduate,
or associate) or certificate, which may include a degree
(graduate, undergraduate, or associate) or certificate
relating, but not limited, to public health laboratory
sciences, or epidemiology;
``(2)(A) in the case of an individual described in
paragraph (1)(A)--
``(i) maintain satisfactory academic progress, as
determined by the Secretary; and
``(ii) have accepted employment with the National
Institutes of Health, the Food and Drug Administration,
the Centers for Disease Control and Prevention, or a
State, local, or tribal public health agency, in a
priority service area, as recognized by the Secretary,
to commence upon graduation; or
``(B) in the case of an individual described in paragraph
(1)(B), be employed by, or have accepted employment with, the
National Institutes of Health, the Food and Drug
Administration, the Centers for Disease Control and Prevention,
or a State, local, or tribal public health agency, as
recognized by the Secretary;
``(3) be a United States citizen;
``(4) submit an application to the Secretary to participate
in the Program; and
``(5) sign and submit to the Secretary, at the time of the
submittal of such application, a written contract (described in
subsection (d)) to serve for the applicable period of obligated
service in the full-time employment of the National Institutes
of Health, the Food and Drug Administration, the Centers for
Disease Control and Prevention, or a State, local, or tribal
public health agency.
``(c) Dissemination of Information.--
``(1) Application and contract forms.--The Secretary shall
disseminate application forms and contract forms to individuals
desiring to participate in the Program. The Secretary shall
include with such forms--
``(A) a summary of the rights and obligations of an
individual whose application is approved (and whose
contract is accepted) by the Secretary, including in
the summary a clear explanation of the damages to which
the United States is entitled to recover in the case of
the individual's breach of the contract; and
``(B) information relating to the service
obligation and such other information as may be
necessary for the individual to understand the
individual's prospective participation in the Program.
``(2) Information for schools.--The Secretary shall
distribute to health professions and medical schools and the
National Institutes of Health, the Food and Drug
Administration, the Centers for Disease Control and Prevention,
and relevant State, local, and tribal public health agencies,
materials providing information on the Program and shall
encourage such schools, and agencies to disseminate such
materials to potentially eligible students.
``(d) Contract.--The written contract (referred to in this section)
between the Secretary and an individual shall contain--
``(1) an agreement on the part of the Secretary that the
Secretary will repay on behalf of the individual loans incurred
by the individual in the pursuit of the relevant public health
preparedness workforce educational degree or certificate in
accordance with the terms of the contract;
``(2) an agreement on the part of the individual that the
individual will serve, immediately upon graduation in the case
of an individual described in subsection (b)(1)(A) service, or
in the case of an individual described in subsection (b)(1)(B)
continue to serve, in the full-time employment of the National
Institutes of Health, the Food and Drug Administration, the
Centers for Disease Control and Prevention, or a State, local,
or tribal public health agency in a position related to the
course of study or program for which the contract was awarded
for a period of time (referred to in this section as the
`period of obligated service') equal to the greater of--
``(i) 3 years; or
``(ii) such longer period of time as
determined appropriate by the Secretary and the
individual;
``(3) in the case of an individual described in subsection
(b)(1)(A) who is in the final year of study and who has
accepted employment with the National Institutes of Health, the
Food and Drug Administration, the Centers for Disease Control
and Prevention, or a State, local, or tribal public health
agency upon graduation, an agreement on the part of the
individual to complete the education or training, maintain a
satisfactory acceptable level of academic standing (as
determined by the Secretary), and agree to the period of
obligated service;
``(4) a provision that any financial obligation of the
United States arising out of a contract entered into under this
section and any obligation of the individual that is
conditioned thereon, is contingent on funds being appropriated
for loan repayments under this section;
``(5) a statement of the damages to which the United States
is entitled, under this section for the individual's breach of
the contract; and
``(6) such other statements of the rights and obligations
of the Secretary and of the individual, not inconsistent with
this section.
``(e) Payments.--
``(1) In general.--A loan repayment provided for an
individual under a written contract under the Program shall
consist of payment, in accordance with paragraph (2), on behalf
of the individual of the principal, interest, and related
expenses on government and commercial loans received by the
individual regarding the undergraduate or graduate education of
the individual (or both), which loans were made for--
``(A) tuition expenses; or
``(B) all other reasonable educational expenses,
including fees, books, and laboratory expenses,
incurred by the individual.
``(2) Payments for years served.--
``(A) In general.--For each year of obligated
service that an individual contracts to serve under
subsection (d) the Secretary may pay up to $35,000 on
behalf of the individual for loans described in
paragraph (1). With respect to participants under the
Program whose total eligible loans are less than
$105,000, the Secretary shall pay an amount that does
not exceed \1/3\ of the eligible loan balance for each
year of obligated service of the individual.
``(B) Repayment schedule.--Any arrangement made by
the Secretary for the making of loan repayments in
accordance with this subsection shall provide that any
repayments for a year of obligated service shall be
made no later than the end of the fiscal year in which
the individual completes such year of service.
``(3) Tax liability.--For the purpose of providing
reimbursements for tax liability resulting from payments under
paragraph (2) on behalf of an individual--
``(A) the Secretary shall, in addition to such
payments, make payments to the individual in an amount
not to exceed 39 percent of the total amount of loan
repayments made for the taxable year involved; and
``(B) may make such additional payments as the
Secretary determines to be appropriate with respect to
such purpose.
``(4) Payment schedule.--The Secretary may enter into an
agreement with the holder of any loan for which payments are
made under the Program to establish a schedule for the making
of such payments.
``(f) Postponing Obligated Service.--With respect to an individual
receiving a degree or certificate that may require an internship,
residency, or other relevant public health preparedness advance
training program, the date of the initiation of the period of obligated
service may be postponed, upon the submission by the individual of a
petition for such postponement and approval by the Secretary, to the
date on which the individual completes an approved internship,
residency, or other relevant public health preparedness advanced
training program.
``(g) Administrative Provisions.--
``(1) Hiring priority.--Notwithstanding any other provision
of law, Federal, State, local, and tribal public health
agencies may give hiring priority to any individual who has
qualified for and is willing to execute a contract to
participate in the Program.
``(2) Employment ceilings.--Notwithstanding any other
provision of law, individuals who have entered into written
contracts with the Secretary under this section, who are
serving as full-time employees of a State or local public
health agency, or who are in the last year of public
health workforce academic preparation, shall not be counted against any
employment ceiling affecting the Department or any other Federal
agency.
``(h) Breach of Contract.--An individual who fails to comply with
the contract entered into under subsection (d) shall be subject to the
same financial penalties as provided for under section 338E for
breaches of loan repayment contracts under section 338B.
``SEC. 781. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out section 780, there is authorized
to be appropriated such sums as may be necessary for each of fiscal
years 2006 through 2010.''.
CHAPTER 3--PREPAREDNESS UPDATES
SEC. 191. REPORT ON PREPAREDNESS.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Comptroller General of the United States
shall provide for the conduct of a study to--
(1) review existing processes for determining and
purchasing the appropriate drugs, vaccines and other biological
products, medical devices, and other supplies of the strategic
national stockpile, the maintenance of such drugs, vaccines and
other biological products, medical devices, and other supplies,
and the ability to deploy such drugs, vaccines and other
biological products, medical devices, and other supplies
(including the distribution of the drugs, vaccines and other
biological products, medical devices, and other supplies at the
local level) in an emergency situation;
(2) review and assess the adequacy of existing State and
local processes for disease monitoring and control (including
activities related to monitoring diseases under BioWatch,
BioSense, and other programs that have been initiated or
expanded within the last 3 years);
(3) review the existing ability of the health care
community and its response to a mass casualty incidents and
other public health emergencies, including interactions between
public health, health care, and law enforcement, knowledge and
training, surge capacity, influence of the health care
community in an urban versus rural setting, and other key
components of readiness of the health care community;
(4) determine whether and to what extent activities
undertaken within the 3-year period ending on the date of the
study have enhanced supply chain management of drugs, vaccines
and other biological products, medical devices, and other
supplies that are not included within the strategic national
stockpile, including a specific review of supply chain
management issues for the influenza vaccine as it relates to
the 2004-2005 influenza season;
(5) evaluate Federal activities primarily related--
(A) to research on, preparedness for, and the
management of the public health and medical
consequences of a bioterrorist attack against the
civilian population; and
(B) the coordination of the activities described in
paragraph (1);
(6) assess the progress of States in preparing for the
public health and medical consequences of a potential
bioterrorist attack against the civilian population; and
(7) review the progress on the implementation of the
National Preparedness Plan, as outlined in section 2801 of the
Public Health Service Act, as well as the development of
preparedness goals as outlined by such section.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall prepare
and submit to the appropriate committees of Congress, a report
concerning the results of the study conducted under subsection (a).
Such report shall include recommendations--
(1) to improve the activities described in subsection
(a)(1);
(2) to improve the effectiveness of the activities
described in subsection (a)(2);
(3) to improve the capacity of the health care community to
respond under the circumstances described in subsection (a)(3)
to enhance the protection of the public health;
(4) to improve the ability of the Secretary of Health and
Human Services to carry out the activities described in
subsection (a)(4) in the future.
(5) to improve the effectiveness of the activities
described in subsection (a)(5);
(6) to improve the effectiveness of the activities
described in subsection (a)(6), including potentials for and
barriers to interstate collaborations; and
(7) to improve the activities described in subsection
(a)(7).
SEC. 192. ENHANCING GLOBAL RESPONSE CAPABILITIES.
It is the sense of the Senate that, in order to effectively combat
bioterrorism and prevent against the spread of deadly infectious
disease, the United States should enhance cooperation with global and
regional organizations, as well as cooperation with other countries,
and should establish, enhance, and intensify a wide range of global
activities to help prevent, detect, and contain infectious disease
outbreaks and bioterrorism attacks.
TITLE II--INCREASED BENEFITS FOR FAMILIES OF DECEASED MEMBERS OF THE
ARMED FORCES.
SEC. 201. INCREASE IN DEATH GRATUITY PAYABLE WITH RESPECT TO DEATHS OF
MEMBERS OF THE ARMED FORCES FROM COMBAT-RELATED CAUSES OR
FROM SERVICE IN OPERATION ENDURING FREEDOM OR IRAQI
FREEDOM.
(a) Increased Amount.--Section 1478 of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting ``, except as provided
in subsection (c)'' after ``$12,000'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) The death gratuity payable under sections 1475 through 1477
of this title is $100,000 (as adjusted under subsection (d)) in the
case of a death resulting from wounds, injuries, or illnesses that are
incurred--
``(1) as described in section 1413a(e)(2) of this title; or
``(2) in the theater of operations for Operation Enduring
Freedom or Operation Iraqi Freedom.''.
(b) Increases Consistent With Increases in Rates of Basic Pay.--
Subsection (d) of such section, as redesignated by paragraph (1)(B), is
amended by striking ``amount of the death gratuity in effect under
subsection (a)'' and inserting ``amounts of the death gratuities in
effect under subsections (a) and (c)''.
(c) Conforming Amendment.--Subsection (a) of such section, as
amended by subsection (a) of this section, is further amended by
striking ``(as adjusted under subsection (c))'' and inserting ``(as
adjusted under subsection (d))''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect as of October 7, 2001, and shall apply with
respect to deaths occurring on or after such date.
SEC. 202. INCREASE IN AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEMBERS'
GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE.
(a) Maximum Under Servicemembers' Group Life Insurance.--Section
1967 of title 38, United States Code, is amended in subsections (a) and
(d) by striking ``$250,000'' each place it appears and inserting
``$300,000''.
(b) Maximum Under Veterans' Group Life Insurance.--Section 1977(a)
of title 38, United States Code, is amended by striking ``$250,000''
each place it appears and inserting ``$300,000''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month that
begins on or after the date of the enactment of this Act.
SEC. 203. INCREASED PERIOD OF CONTINUED TRICARE COVERAGE OF CHILDREN OF
MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING
ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.
(a) Period of Eligibility.--Section 1079(g) of title 10, United
States Code, is amended--
(1) by inserting ``(1)'' after ``(g)'';
(2) by striking the second sentence and inserting the
following:
``(2) In addition to any continuation of eligibility for benefits
under paragraph (1), when a member dies while on active duty for a
period of more than 30 days, the member's dependents who are receiving
benefits under a plan covered by subsection (a) shall continue to be
eligible for health benefits under TRICARE Prime for the following
period:
``(A) In the case of a dependent who is a child of the
deceased described in subparagraph (D) of section 1072(2) of
this title, for the period during which the dependent continues
to qualify as a dependent under any of clauses (i), (ii), and
(iii) of such subparagraph.
``(B) In the case of a person who, on the day before the
date of the member's death, is a dependent of the member
described in subparagraph (I) of section 1072(2) of this title,
for the period during which that person continues to meet the
conditions set forth in any of subclauses (I), (II), and (III)
of clause (ii) of such subparagraph.
``(C) In the case of other dependents, for the three-year
period beginning on the date of the member's death.
``(3) The terms and conditions under which health benefits are
provided under this chapter to a dependent of a deceased member under
paragraph (2)(A) shall be the same as those that would apply to the
dependent under this chapter if the member were living and serving on
active duty for a period of more than 30 days.
``(4) In this subsection, the term `TRICARE Prime' means the
managed care option of the TRICARE program.''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect as of October 7, 2001, and shall apply with
respect to deaths occurring on or after such date.
TITLE III--HOMELAND SECURITY TECHNOLOGY IMPROVEMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Homeland Security Technology
Improvement Act of 2005''.
SEC. 302. HOMELAND SECURITY TRANSFER PROGRAM.
(a) In General.--Section 430 of the Homeland Security Act of 2002
(6 U.S.C. 238) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) in subsection (c)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(9) overseeing and coordinating a multi-agency homeland
security technology, equipment, and information transfer
program to allow for the transfer of technology, equipment, and
information to State and local law enforcement agencies.''; and
(3) by inserting after subsection (c) the following:
``(d) Technology, Equipment, and Information Transfer Program.--
``(1) In general.--The Director shall--
``(A) identify counterterrorism technologies,
equipment, and information developed or proven to be
effective by--
``(i) consulting with the Undersecretary
for Science and Technology;
``(ii) establishing an advisory committee
comprised of retired and active-duty law
enforcement officials from geographically
diverse regions;
``(iii) consulting with State and local law
enforcement agencies; and
``(iv) entering into agreements and
coordinating with other Federal agencies to
maximize the effectiveness of the technologies,
equipment, and information available to law
enforcement agencies;
``(B) make these technologies, equipment, and
information available to State and local law
enforcement agencies on an annual basis;
``(C) accept applications from the head of State
and local law enforcement agencies that wish to acquire
such technologies, equipment, and information to
improve the homeland security capabilities of those
agencies, and review such applications in coordination
with the advisory committee established under
subparagraph (A)(ii); and
``(D) transfer the approved technology, equipment,
and information, and provide the appropriate training
to the State or local law enforcement agency pending
the approval of the application of the State or local
law enforcement agency under subparagraph (C).
``(2) Limitation on administration expenditure.--No more
than 10 percent of the budget of the technology, equipment, and
information transfer program under this subsection may be used
for administrative expenses.
``(3) Authorization of Appropriations.--There are
authorized to be appropriated $50,000,000 for each of fiscal
years 2006 through 2016 to carry out this subsection.''.
TITLE IV--ANTITERRORISM IMPROVEMENTS
Subtitle A--Denial of Federal Benefits to Convicted Terrorists
SEC. 401. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Denial of Federal benefits to terrorists
``(a) In General.--Any individual who is convicted of a Federal
crime of terrorism (as defined in section 2332b(g)) 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) Federal Benefit Defined.--As used in this section, the term
`Federal benefit' has the meaning given the term in section 421(d) of
the Controlled Substances Act (21 U.S.C. 862(d)).''.
(b) Chapter Analysis.--The table of sections of chapter 113B of
title 18, United States Code, is amended by inserting at the end the
following:
``2339E. Denial of Federal benefits to terrorists.''.
Subtitle B--Streamlined Information Sharing
SEC. 411. UNIFORM STANDARDS FOR INFORMATION SHARING ACROSS FEDERAL
AGENCIES.
(a) Telephone Records.--Section 2709(d) of title 18, United States
Code, is amended by striking ``for foreign'' and all that follows
through ``such agency''.
(b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of
the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read
as follows:
``(f) Dissemination of Information.--The Federal Bureau of
Investigation may disseminate information obtained pursuant to this
section only as provided in guidelines approved by the Attorney
General.''.
(c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Dissemination of Information.--The Federal Bureau of
Investigation may disseminate information obtained pursuant to this
section only as provided in guidelines approved by the Attorney
General.''.
(d) Financial Records.--Section 1114(a)(5)(B) of the Right to
Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking
``for foreign'' and all that follows through ``such agency''.
(e) Records Concerning Certain Government Employees.--Section
802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is
amended--
(1) by striking ``An agency'' and inserting the following:
``The Federal Bureau of Investigation may disseminate records
or information received pursuant to a request under this
section only as provided in guidelines approved by the Attorney
General. Any other agency''; and
(2) in paragraph (3), by striking ``clearly''.
SEC. 412. AUTHORIZATION TO SHARE NATIONAL-SECURITY INFORMATION WITH
STATE AND LOCAL GOVERNMENTS.
(a) Information Obtained in National Security Investigations.--
Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
(1) in paragraph (1), by striking ``criminal
investigation'' each place it appears and inserting ``criminal
or national security investigation''; and
(2) by amending paragraph (2) to read as follows:
``(2) Definitions.--As used in this subsection--
``(A) the term `foreign intelligence information'
means--
``(i) information, whether or not
concerning a United States person, that relates
to the ability of the United States to protect
against--
``(I) actual or potential attack or
other grave hostile acts of a foreign
power or an agent of a foreign power;
``(II) sabotage or international
terrorism by a foreign power or an
agent of a foreign power; or
``(III) clandestine intelligence
activities by an intelligence service
or network of a foreign power or by an
agent of a foreign power; or
``(ii) information, whether or not
concerning a United States person, with respect
to a foreign power or foreign territory that
relates to--
``(I) the national defense or the
security of the United States; or
``(II) the conduct of the foreign
affairs of the United States; and
``(B) the term `national security investigation'--
``(i) means any investigative activity to
protect the national security; and
``(ii) includes--
``(I) counterintelligence and the
collection of intelligence (as defined
in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)); and
``(II) the collection of foreign
intelligence information.''.
(b) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT
(18 U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V)
and (VI)'' and inserting ``Rule 6(e)(3)(D)''.
Subtitle C--Protecting Critical Infrastructure
SEC. 421. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER VESSELS, AND
MASS TRANSPORTATION SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States Code, is
amended by striking sections 1992 through 1993 and inserting the
following:
``Sec. 1992. Terrorist attacks and other violence against railroad
carriers, passenger vessels, and against mass
transportation systems on land, on water, or through the
air
``(a) General Prohibitions.--Whoever, in a circumstance described
in subsection (c), knowingly--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment, a passenger vessel, or a mass
transportation vehicle;
``(2) with intent to endanger the safety of any passenger
or employee of a railroad carrier, passenger vessel, or mass
transportation provider, or with a reckless disregard for the
safety of human life, and without previously obtaining the
permission of the railroad carrier, mass transportation
provider, or owner of the passenger vessel--
``(A) places any biological agent or toxin,
destructive substance, or destructive device in, upon,
or near railroad on-track equipment, a passenger
vessel, or a mass transportation vehicle; or
``(B) releases a hazardous material or a biological
agent or toxin on or near the property of a railroad
carrier, owner of a passenger vessel, or mass
transportation provider;
``(3) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological agent
or toxin, destructive substance, or destructive device in,
upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot,
warehouse, terminal, or any other way, structure,
property, or appurtenance used in the operation of, or
in support of the operation of, a railroad carrier,
without previously obtaining the permission of the
railroad carrier, and with intent to, or knowing or
having reason to know such activity would likely,
derail, disable, or wreck railroad on-track equipment;
``(B) garage, terminal, structure, track,
electromagnetic guideway, supply, or facility used in
the operation of, or in support of the operation of, a
mass transportation vehicle, without previously
obtaining the permission of the mass transportation
provider, and with intent to, or knowing or having
reason to know such activity would likely, derail,
disable, or wreck a mass transportation vehicle used,
operated, or employed by a mass transportation
provider; or
``(C) structure, supply, or facility used in the
operation of, or in the support of the operation of, a
passenger vessel, without previously obtaining the
permission of the owner of the passenger vessel, and
with intent to, or knowing or having reason to know
that such activity would likely disable or wreck a
passenger vessel;
``(4) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a train
control system, centralized dispatching system, or highway-
railroad grade crossing warning signal, without authorization
from the rail carrier or mass transportation provider;
``(5) with intent to endanger the safety of any passenger
or employee of a railroad carrier, owner of a passenger vessel,
or mass transportation provider or with a reckless disregard
for the safety of human life, interferes with, disables, or
incapacitates any dispatcher, driver, captain, locomotive
engineer, railroad conductor, or other person while the person
is employed in dispatching, operating, or maintaining railroad
on-track equipment, a passenger vessel, or a mass
transportation vehicle;
``(6) engages in conduct, including the use of a dangerous
weapon, with the intent to cause death or serious bodily injury
to any person who is on the property of a railroad carrier,
owner of a passenger vessel, or mass transportation provider
that is used for railroad or mass transportation purposes;
``(7) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt that was
made, is being made, or is to be made, to engage in a violation
of this subsection; or
``(8) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (7),
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Aggravated Offense.--Whoever commits an offense under
subsection (a) in a circumstance in which--
``(1) the railroad on-track equipment, passenger vessel, or
mass transportation vehicle was carrying a passenger or
employee at the time of the offense;
``(2) the railroad on-track equipment, passenger vessel, or
mass transportation vehicle was carrying high-level radioactive
waste or spent nuclear fuel at the time of the offense;
``(3) the railroad on-track equipment, passenger vessel, or
mass transportation vehicle was carrying a hazardous material
at the time of the offense that--
``(A) was required to be placarded under subpart F
of part 172 of title 49, Code of Federal Regulations;
and
``(B) is identified as class number 3, 4, 5, 6.1,
or 8 and packing group I or packing group II, or class
number 1, 2, or 7 under the hazardous materials table
of section 172.101 of title 49, Code of Federal
Regulations; or
``(4) the offense results in the death of any person,
shall be fined under this title, imprisoned for any term of years or
life, or both. The term of imprisonment for a violation described in
paragraph (2) shall be not less than 30 years. In the case of a
violation described in paragraph (4), the offender shall be fined under
this title and imprisoned for life and be subject to the death penalty.
``(c) Circumstances Required for Offense.--A circumstance described
in this subsection is any of the following:
``(1) Any of the conduct required for the offense is, or,
in the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass transportation
provider, owner of a passenger vessel, or railroad carrier
engaged in or affecting interstate or foreign commerce.
``(2) Any person who travels or communicates across a State
line in order to commit the offense, or transports materials
across a State line in aid of the commission of the offense.
``(d) Nonapplicability.--Subsection (a) does not apply to the
conduct with respect to a destructive substance or destructive device
that is also classified under chapter 51 of title 49 as a hazardous
material in commerce if the conduct--
``(1) complies with chapter 51 of title 49 and regulations,
exemptions, approvals, and orders issued under that chapter; or
``(2) constitutes a violation, other than a criminal
violation, of chapter 51 of title 49 or a regulation or order
issued under that chapter.
``(e) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given the
term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate, that
is used for, or is readily capable of, causing death or serious
bodily injury, including a pocket knife with a blade of less
than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given
the term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or explosive
nature, except that the term `radioactive device' does not
include any radioactive device or material used solely for
medical, industrial, research, or other peaceful purposes;
``(5) the term `hazardous material' has the meaning given
the term in section 5102(2) of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given the term in section 2(12) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
the term in section 5302(a)(7) of title 49, except that the
term includes school bus, charter, and sightseeing
transportation;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
``(9) the term `railroad on-track equipment' means a train,
locomotive, tender, motor unit, freight or passenger car, or
other on-track equipment used, operated, or employed by a
railroad carrier;
``(10) the term `railroad' has the meaning given the term
in section 20102(1) of title 49;
``(11) the term `railroad carrier' has the meaning given
the term in section 20102(2) of title 49;
``(12) the term `serious bodily injury' has the meaning
given the term in section 1365(h)(3);
``(13) the term `spent nuclear fuel' has the meaning given
the term in section 2(23) of the Nuclear Waste Policy Act of
1982 (42 U.S.C. 10101(23));
``(14) the term `State' has the meaning given the term in
section 2266(8);
``(15) the term `toxin' has the meaning given the term in
section 178(2);
``(16) the term `vehicle' means any carriage or other
contrivance used, or capable of being used, as a means of
transportation on land, on water, or through the air; and
``(17) the term `passenger vessel' has the meaning given
the term in section 2101(22) of title 46, United States Code,
and includes a small passenger vessel (as defined under section
2101(35) of that title).''.
(b) Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of chapter 97 of title 18, United States Code, is
amended--
(A) by striking ``RAILROADS'' in the chapter
heading and inserting ``RAILROAD CARRIERS AND MASS
TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH
THE AIR'';
(B) by striking the items relating to sections 1992
and 1993; and
(C) by inserting after the item relating to section
1991 the following:
``1992. Terrorist attacks and other violence against railroad carriers,
passenger vessels, and against mass
transportation systems on land, on water,
or through the air.''.
(2) Table of chapters.--The table of chapters at the
beginning of part I of title 18, United States Code, is amended
by striking the item relating to chapter 97 and inserting the
following:
``97. Railroad carriers and mass transportation systems on 1991''.
land, on water, or through the
air.
(3) Conforming amendments.--Title 18, United States Code,
is amended--
(A) in section 2332b(g)(5)(B)(i), by striking
``1992 (relating to wrecking trains), 1993 (relating to
terrorist attacks and other acts of violence against
mass transportation systems),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through
the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992
(relating to wrecking trains),'' and inserting ``1992
(relating to terrorist attacks and other acts of
violence against railroad carriers and against mass
transportation systems on land, on water, or through
the air),''.
SEC. 422. 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 (as that term is
defined under section 2285(c)) of any seaport; or'';
(2) in subsection (b)(1), by striking ``5'' and inserting
``10'';
(3) in subsection (c)(1), by inserting ``, captain of the
seaport,'' after ``airport authority''; and
(4) in the section heading, by inserting ``or seaport''
after ``airport''.
(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 to which a vessel may be
secured, areas of land, water, or land and water under and in immediate
proximity to such structures, and 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. 423. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, OBSTRUCTION OF
BOARDING, OR PROVIDING FALSE INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of
boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States, or a vessel subject to the
jurisdiction of the United States, to knowingly fail to obey an order
by an authorized Federal law enforcement officer to heave to that
vessel.
``(2) It shall be unlawful for any person on board a vessel of the
United States, or a vessel subject to the jurisdiction of the United
States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate,
or interfere with a boarding or other law enforcement action
authorized by any Federal law, or to resist a lawful arrest; or
``(B) provide 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, which that person knows is false.
``(b) 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 Undersecretary for Border and Transportation
Security of the Department 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.
``(c) 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.
``(d) 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(c)
of the Maritime Drug Law Enforcement Act (46 App. U.S.C.
1903(b)); and
``(4) the term `vessel of the United States' has the
meaning given the term in section 2(c) of the Maritime Drug Law
Enforcement Act (46 App. U.S.C. 1903(b)).
``(e) Any person who intentionally violates the provisions of this
section shall be fined under this title, imprisoned for not more than 5
years, or both.''.
(b) Technical and 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. 424. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME NAVIGATION,
PLACEMENT OF DESTRUCTIVE DEVICES, AND MALICIOUS DUMPING.
(a) Violence Against Maritime Navigation.--Section 2280(a) of title
18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (H), by striking ``(G)'' and
inserting ``(H)'';
(B) by redesignating subparagraphs (F), (G), and
(H) as subparagraphs (G), (H), and (I), respectively;
and
(C) by inserting after subparagraph (E) the
following:
``(F) 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;''; and
(2) in paragraph (2), by striking ``(C) or (E)'' and
inserting ``(C), (E), or (F)''.
(b) Placement of Destructive Devices.--
(1) In general.--Chapter 111 of title 18, United States
Code, is amended by adding after section 2280 the following:
``Sec. 2280A. Devices or 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
substance which is likely to destroy or cause damage to a vessel or its
cargo, or cause interference with the safe navigation of vessels, or
interference with maritime commerce, such as by damaging or destroying
marine terminals, facilities, and any other marine structure or entity
used in maritime commerce, with the intent of causing such destruction
or damage, or interference with the safe navigation of vessels or with
maritime commerce, shall be fined under this title, imprisoned for any
term of years or for life, or both; and if the death of any person
results from conduct prohibited under this subsection, may be punished
by death.
``(b) Nothing in this section shall be construed to apply to
otherwise lawfully authorized and conducted activities of the United
States Government.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, is
amended by adding after the item related to section 2280 the
following:
``2280A. Devices or substances in waters of the United States likely to
destroy or damage ships or to interfere
with maritime commerce.''.
(c) Malicious Dumping.--
(1) In general.--Chapter 111 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
``(a) Endangerment of Human Life.--Any person who knowingly
discharges or releases oil, a hazardous material, a noxious liquid
substance, or any other dangerous substance into the navigable waters
of the United States or the adjoining shoreline with the intent to
endanger human life, health, or welfare shall be fined under this title
and imprisoned for any term of years or for life.
``(b) Endangerment of Marine Environment.--Any person who knowingly
discharges or releases oil, a hazardous material, a noxious liquid
substance, or any other dangerous substance into the navigable waters
of the United States or the adjacent shoreline with the intent to
endanger the marine environment shall be fined under this title,
imprisoned not more than 30 years, or both.
``(c) Definitions.--In this section:
``(1) Discharge.--The term `discharge' means any spilling,
leaking, pumping, pouring, emitting, emptying, or dumping.
``(2) Hazardous material.--The term `hazardous material'
has the meaning given the term in section 2101(14) of title 46,
United States Code.
``(3) Marine environment.--The term `marine environment'
has the meaning given the term in section 2101(15) of title 46,
United States Code.
``(4) Navigable waters.--The term `navigable waters' has
the meaning given the term in section 1362(7) of title 33, and
also includes the territorial sea of the United States as
described in Presidential Proclamation 5928 of December 27,
1988.
``(5) Noxious liquid substance.--The term `noxious liquid
substance' has the meaning given the term in the MARPOL
Protocol defined in section 2(1) of the Act to Prevent
Pollution from Ships (33 U.S.C. 1901(a)(3)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 111 of title 18, United States Code, is
amended by adding at the end the following:
``2282. Knowing discharge or release.''.
SEC. 425. TRANSPORTATION OF DANGEROUS MATERIALS AND TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--Chapter
111 of title 18, as amended by this Act, is amended by adding at the
end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials
``(a) In General.--Any person who knowingly and willfully
transports aboard any vessel within the United States, on the high
seas, or having United States nationality, an explosive or incendiary
device, biological agent, chemical weapon, or radioactive or nuclear
material, knowing that any such item is intended to be used to commit
an offense listed under section 2332b(g)(5)(B), shall be fined under
this title, imprisoned for any term of years or for life, or both; and
if the death of any person results from conduct prohibited by this
subsection, may be punished by death.
``(b) 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.
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in section
232(5).
``(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.
``(7) 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)).
``(8) 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.--Any person who knowingly and willfully
transports any terrorist aboard any vessel within the United States, on
the high seas, or having United States nationality, knowing that the
transported person is a terrorist, shall be fined under this title,
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) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 18, United States Code, as amended by this Act, is
amended by adding at the end the following:
``2283. Transportation of explosive, biological, chemical, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. 426. DESTRUCTION OR INTERFERENCE WITH VESSELS OR MARITIME
FACILITIES.
(a) In General.--Part 1 of 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.
``2291. Jurisdiction and scope.
``2292. Destruction of vessel or maritime facility.
``2293. Imparting or conveying false information.
``2294. Bar to prosecution.
``Sec. 2291. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction over an offense under
this chapter if the prohibited activity takes place--
``(1) within the United States or within waters subject to
the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the
United States (as that term is defined under section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a
national of the United States was on board; or
``(C) the activity involves a vessel of the United
States (as that term is defined under section 2(c) of
the Maritime Drug Law Enforcement Act (42 App. U.S.C.
1903(c)).
``(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. 2292. Destruction of vessel or maritime facility
``(a) Offense.--Whoever willfully--
``(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)) or destructive substance (as
defined in section 13) in, upon, or in proximity to, 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 in
proximity to, any maritime facility, including but not limited
to, any aid to navigation, lock, canal, or vessel traffic
service facility or equipment, or interferes by force or
violence with the operation of such facility, if such action is
likely to endanger the safety of any vessel in navigation;
``(4) sets fire to, damages, destroys, or disables or
places a destructive device or substance in, upon, or in
proximity to 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;
``(5) 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;
``(6) performs an act of violence against a person that
causes or is likely to cause serious bodily injury (as defined
in section 1365) in, upon, or in proximity to 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;
``(7) 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
``(8) attempts or conspires to do anything prohibited under
paragraphs (1) through (7),
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Limitation.--Subsection (a) shall not apply to any person
that is engaging in otherwise lawful activity, such as normal repair
and salvage activities, and the lawful transportation of hazardous
materials.
``(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 title 18, imprisoned for a term up to
life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of any
crime prohibited by subsection (a), which has resulted in the death of
any person, shall be subject also to the death penalty or to
imprisonment for life.
``(e) Threats.--Whoever willfully 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, imprisoned not more than 5 years, or both, and
is liable for all costs incurred as a result of such threat.
``Sec. 2293. 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 which would be a crime prohibited by this chapter
or by chapter 111, 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 willfully and maliciously, or
with reckless disregard for the safety of human life, imparts or
conveys or causes to be imparted or conveyed false information, knowing
the information to be false, concerning an attempt or alleged attempt
to do any act which would be a crime prohibited by this chapter or by
chapter 111 of this title, shall be fined under this title, imprisoned
not more than 5 years, or both.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2),
section 2291(a) shall not apply to any offense under this
section.
``(2) Jurisdiction.--Jurisdiction over an offense under
this section shall be determined in accordance with the
provisions applicable to the crime prohibited by this chapter,
or by chapter 2, 97, or 111 of this title, to which the
imparted or conveyed false information relates, as applicable.
``Sec. 2294. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this chapter
if--
``(1) the conduct in question occurred within the United
States in relation to a labor dispute, and such conduct is
prohibited as a felony under the law of the State in which it
was committed; or
``(2) such conduct is prohibited as a misdemeanor under the
law of the State in which it was committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same
meaning given that term in section 113(c) of the Norris-
LaGuardia Act (29 U.S.C. 113(c)).
``(2) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Technical and 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 2290''.
maritime facilities.
SEC. 427. 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 ``one
year'' and inserting ``3 years''; 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.--Sections
2312 and 2313 of title 18, United States Code, are each amended
by striking ``motor vehicle or aircraft'' and inserting ``motor
vehicle, vessel, or aircraft''.
(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.
(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.
(e) Reporting of Cargo Theft.--The Attorney General shall take the
steps necessary to ensure that reports of cargo theft collected by
Federal, State, and local officials are reflected as a separate
category in the Uniform Crime Reporting System, or any successor
system, by not later than December 31, 2005.
SEC. 428. 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 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''
each place it occurs and inserting ``$10,000''.
SEC. 429. 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 in 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, imprisoned not more than 20
years, or both; and
``(3) if an individual commits an act proscribed by this
section, with the intent to cause death, and if the death of
any person other than a participant occurs as a result of a
violation of this section, shall be fined under this title,
imprisoned for any number of years or for life, or both.''.
SEC. 430. 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.--Any person who knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent--
``(A) to commit international or domestic terrorism
(as that term is defined under section 2331);
``(B) to 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
``(C) to induce any official or person to do or
omit to do any act in violation of the fiduciary duty
of such official or person which 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, imprisoned not more than 15 years, or
both.
``(b) Definition.--In this section, the term `secure or restricted
area' has the meaning given that term in section 2285(c).''.
(b) Technical and 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
Sponsor introductory remarks on measure. (CR S3263-3265)
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