S.Amdt. 3716

TEXT OF AMENDMENTS

SA 3709. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE      --AIR CARGO SAFETY

SEC. --01. SHORT TITLE.

This title may be cited as the ``Air Cargo Security
Improvement Act''.

SEC. --02. INSPECTION OF CARGO CARRIED ABOARD PASSENGER
AIRCRAFT.

Section 44901(f) of title 49, United States Code, is
amended to read as follows:
``(f) Cargo.--
``(1) In general.--The Under Secretary of Transportation
for Security shall establish systems to screen, inspect, or
otherwise ensure the security of all cargo that is to be
transported in--
``(A) passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Under Secretary shall develop a
strategic plan to carry out paragraph (1) within 6 months
after the date of enactment of the Air Cargo Security
Improvement Act.
``(3) Pilot program.--The Under Secretary shall conduct a
pilot program of screening of cargo to assess the
effectiveness of different screening measures, including the
use of random screening. The Under Secretary shall attempt to
achieve a distribution of airport participation in terms of
geographic location and size.''.

SEC. --03. AIR CARGO SHIPPING.

(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec. 44923. Regular inspections of air cargo shipping
facilities

``The Under Secretary of Transportation for Security shall
establish a system for the regular inspection of shipping
facilities for

[[Page S9820]]

shipments of cargo transported in air transportation or
intrastate air transportation to ensure that appropriate
security controls, systems, and protocols are observed, and
shall enter into arrangements with the civil aviation
authorities, or other appropriate officials, of foreign
countries to ensure that inspections are conducted on a
regular basis at shipping facilities for cargo transported in
air transportation to the United States.''.
(b) Additional Inspectors.--The Under Secretary may
increase the number of inspectors as necessary to implement
the requirements of title 49, United States Code, as amended
by this subtitle.
(c) Conforming Amendment.--The chapter analysis for chapter
449 of title 49, United States Code, is amended by adding at
the end the following:

``44923. Regular inspections of air cargo shipping facilities''.

SEC. --04. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is further amended by adding at the end
the following:

``Sec.  44924. Air cargo security

``(a) Database.--The Under Secretary of Transportation for
Security shall establish an industry-wide pilot program
database of known shippers of cargo that is to be transported
in passenger aircraft operated by an air carrier or foreign
air carrier in air transportation or intrastate air
transportation. The Under Secretary shall use the results of
the pilot program to improve the known shipper program.
``(b) Indirect air carriers.--
``(1) Random inspections.--The Under Secretary shall
conduct random audits, investigations, and inspections of
indirect air carrier facilities to determine if the indirect
air carriers are meeting the security requirements of this
title.
``(2) Ensuring compliance.--The Under Secretary may take
such actions as may be appropriate to promote and ensure
compliance with the security standards established under this
title.
``(3) Notice of failures.--The Under Secretary shall notify
the Secretary of Transportation of any indirect air carrier
that fails to meet security standards established under this
title.
``(4) Withdrawal of security program approval.--The Under
Secretary may issue an order amending, modifying, suspending,
or revoking approval of a security program of an indirect air
carrier that fails to meet security requirements imposed by
the Under Secretary if such failure threatens the security of
air transportation or commerce. The affected indirect air
carrier shall be given notice and the opportunity to correct
its noncompliance unless the Under Secretary determines that
an emergency exists. Any indirect air carrier that has the
approval of its security program amended, modified,
suspended, or revoked under this section may appeal the
action in accordance with procedures established by the Under
Secretary under this title.
``(5) Indirect air carrier.--In this subsection, the term
`indirect air carrier' has the meaning given that term in
part 1548 of title 49, Code of Federal Regulations.
``(c) Consideration of Community Needs.--In implementing
air cargo security requirements under this title, the Under
Secretary may take into consideration the extraordinary air
transportation needs of small or isolated communities and
unique operational characteristics of carriers that serve
those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The Under
Secretary of Transportation for Security shall assess the
security aspects of the indirect air carrier program under
part 1548 of title 49, Code of Federal Regulations, and
report the result of the assessment, together with any
recommendations for necessary modifications of the program to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure within 60 days after the date of enactment
of this Act. The Under Secretary may submit the report and
recommendations in classified form.
(c) Report to Congress on Random Audits.--The Under
Secretary of Transportation for Security shall report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be
submitted in classified form.
(d) Conforming Amendment.--The chapter analysis for chapter
449 of title 49, United States Code, as amended by section 3,
is amended by adding at the end the following:

``44924. Air cargo security''.

SEC. --05. TRAINING PROGRAM FOR CARGO HANDLERS.

The Under Secretary of Transportation for Security shall
establish a training program for any persons that handle air
cargo to ensure that the cargo is properly handled and safe-
guarded from security breaches.

SEC. --06. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

(a) In General.--The Under Secretary of Transportation for
Security shall establish a program requiring that air
carriers operating all-cargo aircraft have an approved plan
for the security of their air operations area, the cargo
placed aboard such aircraft, and persons having access to
their aircraft on the ground or in flight.
(b) Plan Requirements.--The plan shall include provisions
for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49,
United States Code; and
(6) additional measures deemed necessary and appropriate by
the Under Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Under Secretary
shall--
(A) propose a program under subsection (a) within 90 days
after the date of enactment of this Act; and
(B) distribute the proposed program, on a confidential
basis, to those air carriers and other employers to which the
program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide
comments on the proposed program to the Under Secretary not
more than 60 days after it was received.
(3) Final program.--The Under Secretary of Transportation
shall issue a final program under subsection (a) not later
than 90 days after the last date on which comments may be
provided under paragraph (2). The final program shall contain
time frames for the plans to be implemented by each air
carrier or employer to which it applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the program
required by this section.

SEC. --07. PASSENGER IDENTIFICATION.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary of Transportation
for Security, in consultation with the Administrator of the
Federal Aviation Administration, appropriate law enforcement,
security, and terrorism experts, representatives of air
carriers and labor organizations representing individuals
employed in commercial aviation, shall develop guidelines to
provide air carriers guidance for detecting false or
fraudulent passenger identification. The guidelines may take
into account new technology, current identification measures,
training of personnel, and issues related to the types of
identification available to the public. The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any meeting
held pursuant to this subsection.
(b) Air Carrier Programs.--Within 60 days after the Under
Secretary issues the guidelines under subsection (a) in final
form, the Under Secretary shall provide the guidelines to
each air carrier and establish a joint government and
industry council to develop recommendations on how to
implement the guidelines.
(c) Report.--The Under Secretary of Transportation for
Security shall report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure within 1 year
after the date of enactment of this Act on the actions taken
under this section.

SEC. --08. PASSENGER IDENTIFICATION VERIFICATION.

(a) Program Required.--The Under Secretary of
Transportation for Security may establish and carry out a
program to require the installation and use at airports in
the United States of the identification verification
technologies the Under Secretary considers appropriate to
assist in the screening of passengers boarding aircraft at
such airports.
(b) Technologies Employed.--The identification verification
technologies required as part of the program under subsection
(a) may include identification scanners, biometrics, retinal,
iris, or facial scanners, or any other technologies that the
Under Secretary considers appropriate for purposes of the
program.
(c) Commencement.--If the Under Secretary determines that
the implementation of such a program is appropriate, the
installation and use of identification verification
technologies under the program shall commence as soon as
practicable after the date of that determination.
______

SA 3710. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 153, between lines 2 and 3, insert the following:

SEC. 207. UNIFIED COMBATANT COMMAND FOR MILITARY
INTELLIGENCE.

(a) In General.--Chapter 6 of title 10, United States Code,
is amended by inserting after section 167a the following new
section:

[[Page S9821]]

``Sec. 167b. Unified combatant command for military
intelligence

``(a) Establishment.--(1) With the advice and assistance of
the Chairman of the Joint Chiefs of Staff, the President,
through the Secretary of Defense, shall establish under
section 161 of this title a unified combatant command for
military intelligence (hereinafter in this section referred
to as the `military intelligence command').
``(2) The principle functions of the military intelligence
command are--
``(A) to coordinate all military intelligence activities;
``(B) to develop new military intelligence collection
capabilities; and
``(C) to represent the Department of Defense in the
intelligence community under the National Intelligence
Director.
``(b) Assignment of Forces and Civilian Personnel.--(1)
Unless otherwise directed by the Secretary of Defense, all
active and reserve military intelligence forces of the armed
forces within the elements of the Department of Defense
referred to in subsection (i)(2) shall be assigned to the
military intelligence command.
``(2) Unless otherwise directed by the Secretary of
Defense, the civilian personnel of the elements of the
Department of Defense referred to in subsection (i)(2) shall
be under the military intelligence command.
``(c) Grade of Commander.--The commander of the military
intelligence command shall hold the grade of general or, in
the case of an officer of the Navy, admiral while serving in
that position, without vacating his permanent grade. The
commander of such command shall be appointed by the
President, by and with the consent of the Senate, for service
in that position.
``(d) Duties of Commander.--Unless otherwise directed by
the President or the Secretary of Defense, the commander of
the military intelligence command shall--
``(1) carry out intelligence collection and analysis
activities in response to requests from the National
Intelligence Director; and
``(2) serve as the principle advisor to the Secretary of
Defense, the Chairman of the Joint Chiefs of Staff, and the
National Intelligence Director on all matters relating to
military intelligence.
``(e) Authority of Commander.--(1) In addition to the
authority prescribed in section 164(c) of this title, the
commander of the military intelligence command shall be
responsible for, and shall have the authority to conduct, all
affairs of the command relating to military intelligence
activities.
``(2) The commander of the military intelligence command
shall be responsible for, and shall have the authority to
conduct, the following functions relating to military
intelligence activities:
``(A) Developing strategy, doctrine, and tactics.
``(B) Preparing and submitting to the Secretary of Defense
and the National Intelligence Director recommendations and
budget proposals for military intelligence forces and
activities.
``(C) Exercising authority, direction, and control over the
expenditure of funds for personnel and activities assigned to
the command.
``(D) Training military and civilian personnel assigned to
or under the command.
``(E) Conducting specialized courses of instruction for
military and civilian personnel assigned to or under the
command.
``(F) Validating requirements.
``(G) Establishing priorities for military intelligence in
harmony with national priorities established by the National
Intelligence Director and approved by the President.
``(H) Ensuring the interoperability of intelligence sharing
within the Department of Defense and within the intelligence
community as a whole, as directed by the National
Intelligence Director.
``(I) Formulating and submitting requirements to other
commanders of the unified combatant commands to support
military intelligence activities.
``(J) Recommending to the Secretary of Defense individuals
to head the components of the command.
``(3) The commander of the military intelligence command
shall be responsible for--
``(A) ensuring that the military intelligence requirements
of the other unified combatant commanders are satisfied; and
``(B) responding to intelligence requirements levied by the
National Intelligence Director.
``(4)(A) The commander of the military intelligence command
shall be responsible for, and shall have the authority to
conduct the development and acquisition of specialized
technical intelligence capabilities.
``(B) Subject to the authority, direction, and control of
the Secretary of Defense, the commander of the command, in
carrying out the function under subparagraph (A), shall have
authority to exercise the functions of the head of an agency
under chapter 137 of this title.
``(f) Inspector General.--The staff of the commander of the
military intelligence command shall include an inspector
general who shall conduct internal audits and inspections of
purchasing and contracting actions through the command and
such other inspector general functions as may be assigned.
``(g) Budget Matters.--(1) The commander of the military
intelligence command shall, with guidance from the National
Intelligence Director, prepare the annual budgets for the
Joint Military Intelligence Program and the Tactical
Intelligence and Related Activities program that are
presented by the Secretary of Defense to the President.
``(2) In addition to the activities of a combatant
commander for which funding may be requested under section
166(b) of this title, the budget proposal for the military
intelligence command shall include requests for funding for--
``(A) development and acquisition of military intelligence
collection systems; and
``(B) acquisition of other material, supplies, or services
that are peculiar to military intelligence activities.
``(h) Regulations.--The Secretary of Defense shall
prescribe regulations for the activities of the military
intelligence command. The regulations shall include
authorization for the commander of the command to provide for
operational security of military intelligence forces,
civilian personnel, and activities.
``(i) Identification of Military Intelligence Forces.--(1)
For purposes of this section, military intelligence forces
are the following:
``(A) The forces of the elements of the Department of
Defense referred to in paragraph (2) that carry out military
intelligence activities.
``(B) Any other forces of the armed forces that are
designated as military intelligence forces by the Secretary
of Defense.
``(2) The elements of the Department of Defense referred to
in this paragraph are as follows:
``(A) The Defense Intelligence Agency.
``(B) The National Security Agency.
``(C) The National Geospatial-Intelligence Agency.
``(D) The National Reconnaissance Office.
``(E) Any intelligence activities or units of the military
departments designated by the Secretary of Defense for
purposes of this section.
``(j) Military Intelligence Activities.--For purposes of
this section, military intelligence activities include each
of the following insofar as it relates to military
intelligence:
``(1) Intelligence collection.
``(2) Intelligence analysis.
``(3) Intelligence information management.
``(4) Intelligence workforce planning.
``(5) Such other activities as may be specified by the
President or the Secretary of Defense.''.
``(k) Intelligence Community Defined.--In this section, the
term `intelligence community' means the elements of the
intelligence community listed or designated under section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of that chapter is amended by inserting after the
item relating to section 167a the following new item:

``167b. Unified combatant command for military intelligence.''.
______

SA 3711. Mrs. HUTCHISON (for herself and Ms. Snowe) submitted an
amendment intended to be proposed by her to the bill S. 2845, to reform
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE      --AIR CARGO SAFETY

SEC. --01. SHORT TITLE.

This title may be cited as the ``Air Cargo Security
Improvement Act''.

SEC. --02. INSPECTION OF CARGO CARRIED ABOARD PASSENGER
AIRCRAFT.

Section 44901(f) of title 49, United States Code, is
amended to read as follows:
``(f) Cargo.--
``(1) In general.--The Secretary of Homeland Security shall
establish systems to screen, inspect, or otherwise ensure the
security of all cargo that is to be transported in--
``(A) passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Secretary shall develop a
strategic plan to carry out paragraph (1) within 6 months
after the date of enactment of the Air Cargo Security
Improvement Act.
``(3) Pilot program.--The Secretary shall conduct a pilot
program of screening of cargo to assess the effectiveness of
different screening measures, including the use of random
screening. The Secretary shall attempt to achieve a
distribution of airport participation in terms of geographic
location and size.''.

SEC. --03. AIR CARGO SHIPPING.

(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:

``Sec. 44925. Regular inspections of air cargo shipping
facilities

``The Secretary of Homeland Security shall establish a
system for the regular inspection of shipping facilities for
shipments of cargo transported in air transportation or
intrastate air transportation to ensure that appropriate
security controls, systems, and protocols are observed, and
shall enter into arrangements with the civil aviation
authorities, or other appropriate officials, of foreign
countries to ensure that inspections are conducted on a
regular basis at shipping

[[Page S9822]]

facilities for cargo transported in air transportation to the
United States.''.
(b) Additional Inspectors.--The Secretary may increase the
number of inspectors as necessary to implement the
requirements of title 49, United States Code, as amended by
this subtitle.
(c) Conforming Amendment.--The chapter analysis for chapter
449 of title 49, United States Code, is amended by adding at
the end the following:

``44925. Regular inspections of air cargo shipping facilities''.

SEC. --04. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is further amended by adding at the end
the following:

``Sec.  44926. Air cargo security

``(a) Database.--The Secretary of Homeland Security shall
establish an industry-wide pilot program database of known
shippers of cargo that is to be transported in passenger
aircraft operated by an air carrier or foreign air carrier in
air transportation or intrastate air transportation. The
Secretary shall use the results of the pilot program to
improve the known shipper program.
``(b) Indirect air carriers.--
``(1) Random inspections.--The Secretary shall conduct
random audits, investigations, and inspections of indirect
air carrier facilities to determine if the indirect air
carriers are meeting the security requirements of this title.
``(2) Ensuring compliance.--The Secretary may take such
actions as may be appropriate to promote and ensure
compliance with the security standards established under this
title.
``(3) Notice of failures.--The Secretary shall notify the
Secretary of Transportation of any indirect air carrier that
fails to meet security standards established under this
title.
``(4) Withdrawal of security program approval.--The
Secretary may issue an order amending, modifying, suspending,
or revoking approval of a security program of an indirect air
carrier that fails to meet security requirements imposed by
the Secretary if such failure threatens the security of air
transportation or commerce. The affected indirect air carrier
shall be given notice and the opportunity to correct its
noncompliance unless the Secretary determines that an
emergency exists. Any indirect air carrier that has the
approval of its security program amended, modified,
suspended, or revoked under this section may appeal the
action in accordance with procedures established by the
Secretary under this title.
``(5) Indirect air carrier.--In this subsection, the term
`indirect air carrier' has the meaning given that term in
part 1548 of title 49, Code of Federal Regulations.
``(c) Consideration of Community Needs.--In implementing
air cargo security requirements under this title, the
Secretary may take into consideration the extraordinary air
transportation needs of small or isolated communities and
unique operational characteristics of carriers that serve
those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The
Secretary of Homeland Security shall assess the security
aspects of the indirect air carrier program under part 1548
of title 49, Code of Federal Regulations, and report the
result of the assessment, together with any recommendations
for necessary modifications of the program to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure within 60 days after the date of enactment of
this Act. The Secretary may submit the report and
recommendations in classified form.
(c) Report to Congress on Random Audits.--The Secretary of
Homeland Security shall report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be
submitted in classified form.
(d) Conforming Amendment.--The chapter analysis for chapter
449 of title 49, United States Code, as amended by section 3,
is amended by adding at the end the following:

``44926. Air cargo security''.

SEC. --05. TRAINING PROGRAM FOR CARGO HANDLERS.

The Secretary of Homeland Security shall establish a
training program for any persons that handle air cargo to
ensure that the cargo is properly handled and safe-guarded
from security breaches.

SEC. --06. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

(a) In General.--The Secretary of Homeland Security shall
establish a program requiring that air carriers operating
all-cargo aircraft have an approved plan for the security of
their air operations area, the cargo placed aboard such
aircraft, and persons having access to their aircraft on the
ground or in flight.
(b) Plan Requirements.--The plan shall include provisions
for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49,
United States Code; and
(6) additional measures deemed necessary and appropriate by
the Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Secretary shall--
(A) propose a program under subsection (a) within 90 days
after the date of enactment of this Act; and
(B) distribute the proposed program, on a confidential
basis, to those air carriers and other employers to which the
program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide
comments on the proposed program to the Secretary not more
than 60 days after it was received.
(3) Final program.--The Secretary of Homeland Security
shall issue a final program under subsection (a) not later
than 90 days after the last date on which comments may be
provided under paragraph (2). The final program shall contain
time frames for the plans to be implemented by each air
carrier or employer to which it applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the program
required by this section.

SEC. --07. PASSENGER IDENTIFICATION VERIFICATION.

(a) Program Required.--The Secretary of Homeland Security
may establish and carry out a program to require the
installation and use at airports in the United States of the
identification verification technologies the Secretary
considers appropriate to assist in the screening of
passengers boarding aircraft at such airports.
(b) Technologies Employed.--The identification verification
technologies required as part of the program under subsection
(a) may include identification scanners, biometrics, retinal,
iris, or facial scanners, or any other technologies that the
Secretary considers appropriate for purposes of the program.
(c) Commencement.--If the Secretary determines that the
implementation of such a program is appropriate, the
installation and use of identification verification
technologies under the program shall commence as soon as
practicable after the date of that determination.
______

SA 3712. Mr. ROCKEFELLER (for himself, Mr. Hollings, Ms. Snowe, Mr.
Lautenberg, and Mr. Schumer) submitted an amendment intended to be
proposed by him to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE  --AVIATION SECURITY

SEC.  01. IMPROVED PILOT LICENSES.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Federal Aviation Administrator shall develop
a system for the issuance of any pilot's license issued more
than 180 days after the date of enactment of this Act that--
(1) are resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) are capable of accommodating a digital photograph, a
biometric measure, or other unique identifier that provides a
means of--
(A) ensuring its validity; and
(B) revealing whether any component or security feature of
the license has been compromised.
(b) Use of Designees.--The Administrator of the Federal
Aviation Administration shall use designees to carry out
subsection (a) to the extent feasible in order to minimize
the burden of such requirements on pilots.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator for fiscal year 2005,
$50,000,000 to carry out subsection (a).

SEC.  02. AIRCRAFT CHARTER CUSTOMER SCREENING.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall
implement a procedure under which--
(1) any person engaged in the business of chartering fixed
wing or rotary aircraft to the public may contact the
Transportation Security Administration before permitting
passengers to board the aircraft for the first time;
(2) the Transportation Security Administration immediately
will compare information about the individual seeking to
charter an aircraft and any passengers proposed to be
transported onboard the aircraft with a comprehensive,
consolidated database containing information about known or
suspected terrorists and their associates; and
(3) control of the aircraft will not be relinquished if the
Transportation Security Agency determines that such
individual, pilot, or

[[Page S9823]]

passenger is identified as a flight security or terrorism
risk.
(b) Privacy Safeguards.--Under the procedure, the Secretary
shall ensure that--
(1) the person required to compare the information will not
be given any information about the individual whose name is
being checked other than whether permission to charter the
aircraft is granted or denied; and
(2) an individual denied access to an aircraft under the
procedure is given an opportunity to consult the
Transportation Security Agency immediately, or as
expeditiously as practicable, for the purpose of correcting
mis-identification errors, resolving confusion resulting from
names that are the same as or similar to names on the list,
or addressing other erroneous information that may have
resulted in the denial.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out the provisions of this
section.

SEC.  03. AIRCRAFT RENTAL CUSTOMER SCREENING.

(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security shall
implement a procedure under which--
(1) any person engaged in the business of renting fixed
wing or rotary aircraft to the public may contact the
Transportation Security Administration before permitting an
individual seeking to rent an aircraft to have access to the
aircraft for the first time;
(2) the Transportation Security Administration immediately
will compare information about the individual seeking to rent
the aircraft with a comprehensive, consolidated database
containing information about known or suspected terrorists
and their associates; and
(3) the individual will not be permitted to take control of
the aircraft if the Transportation Security Agency determines
that the individual is a flight security or terrorism
risk.
(b) Pilot Program.--Before fully implementing the program
under subsection (a), the Secretary shall test the program
through a demonstration project.
(c) Privacy Safeguards.--Under the procedure, the Secretary
shall ensure that--
(1) the person required to compare the information will not
be given any information about the individual whose name is
being checked other than whether permission to rent the
aircraft is granted or denied; and
(2) an individual denied access to an aircraft under the
procedure is given an opportunity to consult the
Transportation Security Agency immediately, or as
expeditiously as practicable, for the purpose of correcting
mis-identification errors, resolving confusion resulting from
names that are the same as or similar to names on the list,
or addressing other erroneous information that may have
resulted in the denial.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out the provisions of this
section.

SEC.  04. AVIATION SECURITY STAFFING.

(a) Staffing Level Standards.--
(1) Development of standards.--Within 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of
Transportation and Federal Security Directors, shall develop
standards for determining the appropriate aviation security
staffing standards for all commercial airports in the United
States necessary--
(A) to provide necessary levels of aviation security; and
(B) to ensure that the average aviation security-related
delay experienced by airline passengers is minimized.
(2) GAO analysis.--The Comptroller General shall, as soon
as practicable after the date on which the Secretary of
Homeland Security has developed standards under paragraph
(1), conduct an expedited analysis of the standards for
effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(3) Report to congress.--Within 120 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Comptroller General shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the standards developed under paragraph
(1), together with recommendations for further improving the
efficiency and effectiveness of the screening process.
(b) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a
study of the feasibility of combining operations of Federal
employees involved in screening at commercial airports and
aviation security related functions under the aegis of the
Department of Homeland Security in order to coordinate
security-related activities, increase the efficiency and
effectiveness of those activities, and increase commercial
air transportation security.

SEC.  05. IMPROVED AIR CARGO AND AIRPORT SECURITY.

(a) In General.--There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the
Transportation Security Administration, in addition to any
amounts otherwise authorized by law, for the purpose of
improving aviation security related to the transportation of
cargo on both passenger aircraft and all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(b) Next-Generation Cargo Security Grant Program.--
(1) In general.--The Secretary shall establish and carry
out a grant program to facilitate the development, testing,
purchase, and deployment of next-generation air cargo
security technology. The Secretary shall establish such
eligibility criteria, establish such application and
administrative procedures, and provide for such matching
funding requirements, if any, as may be necessary and
appropriate to ensure that the technology is deployed as
fully and as rapidly as practicable.
(2) Research and development; deployment.--To carry out
paragraph (1), there are authorized to be appropriated to the
Secretary for research and development related to next-
generation air cargo security technology as well as for
deployment and installation of next-generation air cargo
security technology, such sums are to remain available until
expended--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $100,000,000 for fiscal year 2007.
(c) Authorization for Expiring and New LOIs.--
(1) In general.--There are authorized to be appropriated to
the Secretary $150,000,000 for each of fiscal years 2005
through 2007 to fund projects and activities for which
letters of intent are issued under section 44923 of title 49,
United States Code, after the date of enactment of this Act.
(2) Period of reimbursement.--Notwithstanding any other
provision of law, the Secretary may provide that the period
of reimbursement under any letter of intent may extend for a
period not to exceed 10 years after the date that the
Secretary issues such letter, subject to the availability of
appropriations. This paragraph applies to letters of intent
issued under section 44923 of title 49, United States Code,
or section 367 of the Department of Transportation and
Related Agencies Appropriation Act, 2003 (49 U.S.C. 47110
note).
(d) Reports.--The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on--
(1) the progress being made toward, and the status of,
deployment and installation of next-generation air cargo
security technology under subsection (b); and
(2) the amount and purpose of grants under subsection (b)
and the locations of projects funded by such grants.

SEC.  06. AIR CARGO SECURITY MEASURES.

(a) Enhancement of Air Cargo Security.--The Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, shall develop and implement a plan to enhance
air cargo security at airports for commercial passenger and
cargo aircraft that incorporates the recommendations made by
the Cargo Security Working Group of the Aviation Security
Advisory Committee.
(b) Supply Chain Security.--The Administrator of the
Transportation Security Administration shall--
(1) promulgate regulations requiring the evaluation of
indirect air carriers and ground handling agents, including
background checks and checks against all Administration watch
lists; and
(2) evaluate the potential efficacy of increased use of
canine detection teams to inspect air cargo on passenger and
all-cargo aircraft.
(c) Increased Cargo Inspections.--Within 1 year after the
date of enactment of this Act, the Secretary of Homeland
Security shall require that the volume of property screened
or inspected is at least two-fold the volume that is screened
or inspected on the date of enactment of this Act. For
purposes of the preceding sentence, the term ``property''
means mail, cargo, and other articles carried aboard a
passenger aircraft operated by an air carrier or foreign air
carrier in air transportation.
(c) All-Cargo Aircraft Security.--Subchapter I of chapter
449, United States Code, is amended by adding at the end the
following:

``Sec. 44925. All-cargo aircraft security

``(a) Access to Flight Deck.--Within 180 days after the
date of enactment of this Act, the Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, shall--
``(1) issue an order (without regard to the provisions of
chapter 5 of title 5)--
``(A) requiring, to the extent consistent with engineering
and safety standards, that all cargo aircraft operators
engaged in air transportation or intrastate air
transportation maintain a barrier, which may include the use
of a hardened cockpit door, between the aircraft flight deck
and the aircraft cargo compartment sufficient to prevent
unauthorized access to the flight deck from the cargo
compartment, in accordance with the terms of a plan presented
to and accepted by the Administrator of the Transportation
Security Administration in consultation with the Federal
Aviation Administrator; and
``(B) prohibiting the possession of a key to a flight deck
door by any member of the flight crew who is not assigned to
the flight deck; and

[[Page S9824]]

``(2) take such other action, including modification of
safety and security procedures and flight deck redesign, as
may be necessary to ensure the safety and security of the
flight deck.
``(b) Screening and Other Measures.--Within 1 year after
the date of enactment of this Act, the Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, shall issue an order
(without regard to the provisions of chapter 5 of title 5)
requiring--
``(1) all-cargo aircraft operators engaged in air
transportation or intrastate air transportation to physically
screen each person, and that person's baggage and personal
effects, to be transported on an all-cargo aircraft engaged
in air transportation or intrastate air transportation;
``(2) each such aircraft to be physically searched before
the first leg of the first flight of the aircraft each day,
or, for inbound international operations, at aircraft
operator's option prior to the departure of any such flight
for a point in the United States; and
``(3) each such aircraft that is unattended overnight to be
secured or sealed or to have access stairs, if any, removed
from the aircraft.
``(c) Alternative Measures.--The Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, may authorize alternative
means of compliance with any requirement imposed under this
section.''.
(d) Conforming Amendment.--The subchapter analysis for
subchapter I of chapter 449, United States Code, is amended
by adding at the end the following:

``44925. All-cargo aircraft security.''.

SEC.  07. EXPLOSIVE DETECTION SYSTEMS.

(a) In-Line Placement of Explosive-Detection Equipment.--
Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security shall establish a schedule for
replacing trace-detection equipment used for in-line baggage
screening purposes as soon as practicable where appropriate
with explosive detection system equipment. The Secretary
shall notify the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure of the
schedule and provide an estimate of the impact of
replacing such equipment, facility modification and
baggage conveyor placement, on aviation security-related
staffing needs and levels.
(b) Next Generation EDS.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration
$100,000,000, in addition to any amounts otherwise authorized
by law, for the purpose of research and development of next
generation explosive detection systems for aviation security
under section 44913 of title 49, United States Code. The
Secretary shall develop a plan and guidelines for
implementing improved explosive detection system equipment.
(c) Portal Detection Systems.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration
$250,000,000, in addition to any amounts otherwise authorized
by law, for research and development and installation of
portal detection systems or similar devices for the detection
of biological, radiological, and explosive materials. The
Secretary of Homeland Security shall establish a pilot
program at not more than 10 commercial service airports to
evaluate the use of such systems.
(d) Reports.--The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on research and development
projects funded under subsection (b) or (c), and the pilot
program established under subsection (c), including cost
estimates for each phase of such projects and total project
costs.

SEC.  08. AIR MARSHAL PROGRAM.

(a) Cross-Training.--The Secretary of Homeland Security
shall transmit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the
potential for cross-training of individuals who serve as air
marshals and on the need for providing contingency funding
for air marshal operations.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for the use of the Transportation Security
Administration, in addition to any amounts otherwise
authorized by law, for the deployment of Federal Air Marshals
under section 44917 of title 49, United States Code,
$83,000,000 for the 3 fiscal year period beginning with
fiscal year 2005, such sums to remain available until
expended.

SEC.  09. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.

Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report on the present system for addressing
lost, stolen, damaged, or pilfered baggage claims relating to
air transportation security screening procedures. The report
shall include--
(1) information concerning the time it takes to settle such
claims under the present system,
(2) a comparison and analysis of the number, frequency, and
nature of such claims before and after enactment of the
Aviation and Transportation Security Act using data provided
by the major United States airlines; and
(3) recommendations on how to improve the involvement and
participation of the airlines in the baggage screening and
handling processes and better coordinate the activities of
Federal baggage screeners with airline operations.

SEC.  10. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY
INFORMATION SHARING RECOMMENDATIONS.

Within 30 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the
heads of Federal departments and agencies concerned, shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on implementation
of recommendations contained in the General Accounting
Office's report titled ``Homeland Security: Efforts To
Improve Information Sharing Need To Be Strengthened'' (GAO-
03-760), August, 2003.

SEC.  11. AVIATION SECURITY RESEARCH AND DEVELOPMENT.

(a) Biometrics.--There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the
Transportation Security Administration $20,000,000, in
addition to any amounts otherwise authorized by law, for
research and development of biometric technology applications
to aviation security.
(b) Biometrics Centers of Excellence.--There are authorized
to be appropriated to the Secretary of Homeland Security for
the use of the Transportation Security Administration
$1,000,000, in addition to any amounts otherwise authorized
by law, for the establishment of competitive centers of
excellence at the national laboratories.

SEC.  12. PERIMETER ACCESS TECHNOLOGY.

There are authorized to be appropriated to the Secretary of
Homeland Security $100,000,000 for airport perimeter security
technology, fencing, security contracts, vehicle tagging, and
other perimeter security related operations, facilities, and
equipment, such sums to remain available until expended.

SEC.  13. BEREAVEMENT FARES.

(a) In General.--Chapter 415 of title 49, United States
Code, is amended by adding at the end the following:

``Sec. 41512. Bereavement fares.

``Air carriers shall offer, with appropriate documentation,
bereavement fares to the public for air transportation in
connection with the death of a relative or other relationship
(as determined by the air carrier) and shall make such fares
available, to the greatest extent practicable, at the lowest
fare offered by the air carrier for the flight for which the
bereavement fare is requested.''
(b) Conforming Amendment.--The chapter analysis for chapter
415 is amended by inserting after the item relating to
section 41511 the following:
``41512. Bereavement fares''.

SEC.  14. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.

Not later than 60 days after the date of enactment of this
Act, the Transportation Security Administration shall
complete a review of its Prohibited Items List, set forth in
49 C.F.R. 1540, and release a revised rule that--
(1) prohibits passengers from carrying butane lighters
onboard passenger aircraft; and
(2) modifies the Prohibited Items List in such other ways
as the agency may deem appropriate.

SEC.  15. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE
THREAT OF MAN-PORTABLE AIR DEFENSE SYSTEMS.

(a) Requirement.--The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and
Technology, shall prepare a report on protecting commercial
aircraft from the threat of man-portable air defense systems
(referred to in this section as ``MANPADS'') .
(b) Content.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of organizations, including
terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft
from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility of
the systems to protect commercial aircraft under
consideration by the Under Secretary for Science and
Technology for use in phase II of the counter-MANPADS
development and demonstration program.
(4) A justification for the schedule of the implementation
of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other technology
that could be employed on commercial aircraft to address the
threat posed by MANPADS, including such technology that is--

[[Page S9825]]

(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other countries.
(6) An assessment of alternate technological approaches to
address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of
technology or systems on commercial aircraft to address such
threat.
(8) A description of the strategies that the Secretary may
employ to acquire any technology or systems selected for use
on commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program,
including--
(A) a schedule for purchasing and installing such
technology or systems on commercial aircraft; and
(B) a description of--
(i) the priority in which commercial aircraft will be
equipped with such technology or systems;
(ii) any efforts to coordinate the schedules for installing
such technology or system with private airlines;
(iii) any efforts to ensure that aircraft manufacturers
integrate such technology or systems into new aircraft; and
(iv) the cost to operate and support such technology or
systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address the
threat posed by MANPADS if intelligence or events indicate
that the schedule for the use of such technology or systems,
including the schedule for carrying out development and
demonstration programs by the Secretary, should be expedited.
(10) A description of the efforts of the Secretary to
survey and identify the areas at domestic and foreign
airports where commercial aircraft are most vulnerable to
attack by MANPADS.
(11) A description of the cooperation between the Secretary
and the Administrator of the Federal Aviation Administration
to certify the airworthiness and safety of technology and
systems to protect commercial aircraft from the risk posed by
MANPADS in an expeditious manner.
(c) Transmission to Congress.--The report required by
subsection (a) shall be transmitted to Congress along with
the budget for fiscal year 2006 submitted by the President
pursuant to section 1105(a) of title 31, United States Code.

SEC.  16. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC
EXPLOSIVES.

Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall provide to the
Senate Committee on Commerce, Science, and Transportation a
report on the current status of efforts, and the additional
needs, regarding passenger and carry-on baggage screening
equipment at United States airports to detect chemical and
plastic explosives. The report shall include the cost of and
timetable for installing such equipment and any recommended
legislative actions.

SEC.  17. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.

Not later than 90 days after the date of enactment of this
Act, and every 90 days thereafter, the Secretary of Homeland
Security shall provide to the Senate Committee on Commerce,
Science, and Transportation a classified report on the number
of individuals serving as Federal air marshals. Such report
shall include the number of Federal air marshals who are
women, minorities, or employees of departments or agencies of
the United States Government other than the Department of
Homeland Security, the percentage of domestic and
international flights that have a Federal air marshal aboard,
and the rate at which individuals are leaving service as
Federal air marshals.

SEC.  18. SECURITY OF AIR MARSHAL IDENTITY.

(a) In General.--The Secretary of the Department of
Homeland Security shall designate individuals and parties to
whom Federal air marshals shall be required to identify
themselves.
(b) Prohibition.--Notwithstanding any other provision of
law, no procedure, guideline, rule, regulation, or other
policy shall expose the identity of an air marshal to anyone
other than those designated by the Secretary under subsection
(a).

SEC.  19. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE
HANDLING AREAS.

(a) In General.--The Under Secretary of Homeland Security
for Border Transportation and Security shall provide
assistance to public airports that have baggage handling
areas that are not open to public view in the acquisition and
installation of security monitoring cameras for surveillance
of such areas in order to deter theft from checked baggage
and to aid in the speedy resolution of liability claims
against the Transportation Security Administration.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
fiscal year 2005 such sums as may be necessary to carry out
this section, such sums to remain available until expended.

SEC.  20. EFFECTIVE DATE.

This title takes effect on the date of enactment of this
Act.
______

SA. 3713. Mr. JEFFORDS submitted an amendment intended to be proposed
to amendment SA 3705 proposed by Ms. Collins (for herself, Mr. Carper,
and Mr. Lieberman) to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 13 after line 9, insert the following:
``(a) In General.--Subtitle B of title VI of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5197 et seq.) is amended by adding at the end the
following:''

______

SA 3714. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 45, strike lines 1 through 10 and insert the
following:
(6) The Officer for Civil Rights and Civil Liberties of the
Intelligence Community.
(7) The Privacy Officer of the Intelligence Community.
(8) The Chief Information Officer of the Intelligence
Community.
(9) The Chief Human Capital Officer of the Intelligence
Community.
(10) The Chief Financial Officer of the Intelligence
Community.
On page 52, strike line 21 and all that follows through
page 53, line 7, and insert the following:

SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE
INTELLIGENCE COMMUNITY.

(a) Officer for Civil Rights and Civil Liberties of
Intelligence Community.--There is an Officer for Civil Rights
and Civil Liberties of the Intelligence Community who shall
be appointed by the President.
(b) Supervision.--The Officer for Civil Rights and Civil
Liberties of the Intelligence Community shall report directly
to the National Intelligence Director.
(c) Duties.--The Officer for Civil Rights and Civil
Liberties of the Intelligence Community shall--
On page 53, beginning on line 14, strike ``National
Intelligence Authority;'' and insert ``elements of the
intelligence community; and''.
On page 53, beginning on line 18, strike ``within the
National Intelligence Program''.
On page 53, strike lines 20 through 24.
On page 54, line 1, strike ``the Authority'' and insert
``the elements of the intelligence community''.
On page 54, line 11, strike ``the Authority'' and insert
``the elements of the intelligence community''.
On page 55, strike lines 1 through 15 and insert the
following:

SEC. 127. PRIVACY OFFICER OF THE INTELLIGENCE COMMUNITY.

(a) Privacy Officer of Intelligence Community.--There is a
Privacy Officer of the Intelligence Community who shall be
appointed by the National Intelligence Director.
(b) Duties.--(1) The Privacy Officer of the Intelligence
Community shall have primary responsibility for the privacy
policy of the intelligence community, including in the
relationships among the elements of the intelligence
community.
On page 56, strike lines 9 through 16 and insert the
following:

SEC. 128. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.

(a) Chief Information Officer of Intelligence Community.--
There is a Chief Information Officer of the Intelligence
Community who shall be appointed by the National Intelligence
Director.
(b) Duties.--The Chief Information Officer of the
Intelligence Community shall--
On page 57, strike line 1 and all that follows through page
59, line 7, and insert the following:

SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE INTELLIGENCE
COMMUNITY.

(a) Chief Human Capital Officer of Intelligence
Community.--There is a Chief Human Capital Officer of the
Intelligence Community who shall be appointed by the National
Intelligence Director.
(b) Duties.--The Chief Human Capital Officer of the
Intelligence Community shall--
(1) have the functions and authorities provided for Chief
Human Capital Officers under sections 1401 and 1402 of title
5, United States Code, with respect to the elements of the
intelligence community; and
(2) otherwise advise and assist the National Intelligence
Director in exercising the authorities and responsibilities
of the Director with respect to the workforce of the
intelligence community.

SEC. 130. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.

(a) Chief Financial Officer of Intelligence Community.--
There is a Chief Financial Officer of the Intelligence
Community who shall be designated by the President, in
consultation with the National Intelligence Director.
(b) Designation Requirements.--The designation of an
individual as Chief Financial Officer of the Intelligence
Community shall

[[Page S9826]]

be subject to applicable provisions of section 901(a) of
title 31, United States Code.
(c) Authorities and Functions.--The Chief Financial Officer
of the Intelligence Community shall have such authorities,
and carry out such functions, with respect to the elements of
the intelligence community as are provided for an agency
Chief Financial Officer by section 902 of title 31, United
States Code, and other applicable provisions of law.
(d) Coordination With NIA Comptroller.--(1) The Chief
Financial Officer of the Intelligence Community shall
coordinate with the Comptroller of the National Intelligence
Authority in exercising the authorities and performing the
functions provided for the Chief Financial Officer under this
section.
(2) The National Intelligence Director shall take such
actions as are necessary to prevent duplication of effort by
the Chief Financial Officer of the Intelligence Community and
the Comptroller of the National Intelligence Authority.
(e) Integration of Financial Systems.--Subject to the
supervision, direction, and control of the National
Intelligence Director, the Chief Financial Officer of the
Intelligence Community shall take appropriate actions to
ensure the timely and effective integration of the financial
systems of the elements of the intelligence community as soon
as possible after the date of the enactment of this Act.
On page 60, strike lines 5 through 13 and insert the
following:

SEC. 141. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

(a) Office of Inspector General of Intelligence
Community.--There is within the National Intelligence
Authority an Office of the Inspector General of the
Intelligence Community.
(b) Purpose.--The purpose of the Office of the Inspector
General of the Intelligence Community is to--
On page 60, line 19, insert ``and'' at the end.
On page 60, line 22, strike ``and'' at the end.
On page 60, strike line 23 and all that follows through
page 61, line 2.
On page 62, strike lines 1 through 7 and insert the
following:
(c) Inspector General of Intelligence Community.--(1) There
is an Inspector General of the Intelligence Community, who
shall be the head of the Office of the Inspector General of
the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
On page 62, beginning on line 12 strike ``National
Intelligence Authority'' and insert ``intelligence
community''.
On page 63, beginning on line 2, strike ``National
Intelligence Authority'' and insert ``Intelligence
Community''.
On page 63, beginning on line 8, strike ``, the
relationships among'' and all that follows through ``the
other elements of the intelligence community'' and insert
``and the relationships among the elements of the
intelligence community''.
On page 64, line 11, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 65, line 7, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 65, beginning on line 12, strike ``the National
Intelligence Authority, and of any other element of the
intelligence community within the National Intelligence
Program,'' and insert ``any element of the intelligence
community''.
On page 66, line 2, strike ``the National Intelligence
Authority'' and insert ``an element of the intelligence
community''.
On page 67, beginning on line 9, strike ``National
Intelligence Authority'' and insert ``Intelligence
Community''.
On page 68, line 9, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 69, line 3, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 69, line 22, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 70, line 1, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 70, beginning on line 12, strike ``National
Intelligence Authority'' and insert ``elements of the
intelligence community''.
On page 71, beginning on line 16, strike ``the Authority''
and insert ``any element of the intelligence community''.
On page 72, beginning on line 3, strike ``the Authority''
and all that follows through line 8 and insert ``an element
of the intelligence community or in a relationship between
the elements of the intelligence community.''.
On page 72, beginning on line 21, strike ``Authority
official who holds or held a position in the Authority'' and
insert ``an official of an element of the intelligence
community who holds or held in such element a position''.
On page 73, strike line 24 and all that follows through
page 74, line 5, and insert the following:
(5)(A) An employee of an element of the intelligence
community, an employee of any entity other than an element of
the intelligence community who is assigned or detailed to an
element of the intelligence community, or an employee of a
contractor of an element of the intelligence community who
intends to report to Congress a complaint or information with
respect to an urgent concern may report such complaint or
information to the Inspector General.
On page 77, beginning on line 17, strike ``National
Intelligence Authority'' and insert ``Intelligence
Community''.
On page 77, strike line 19 and all that follows through
page 78, line 2, and insert the following:

SEC. 142. OMBUDSMAN OF THE INTELLIGENCE COMMUNITY.

(a) Ombudsman of Intelligence Community.--There is within
the National Intelligence Authority an Ombudsman of the
Intelligence Community who shall be appointed by the National
Intelligence Director.
(b) Duties.--The Ombudsman of the Intelligence Community
shall--
On page 78, beginning on line 6, strike ``the National
Intelligence Authority'' and all that follows through
``National Intelligence Program,'' and insert ``any element
of the intelligence community''.
On page 78, beginning on line 14, strike ``the Authority''
and all that follows through ``National Intelligence
Program,'' and insert ``any element of the intelligence
community''.
On page 78, beginning on line 20, strike ``the Authority''
and all that follows through ``National Intelligence
Program,'' and insert ``any element of the intelligence
community''.
On page 79, beginning on line 4, strike ``National
Intelligence Authority'' and insert ``Intelligence
Community''.
On page 79, line 7, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 79, strike lines 18 through 25 and insert the
following:
(B) The elements of the intelligence community, including
the divisions, offices, programs, officers, and employees of
such elements.
On page 80, line 8, strike ``National Intelligence
Authority'' and insert ``Intelligence Community''.
On page 80, beginning on line 14, strike ``National
Intelligence Authority'' and insert ``Intelligence
Community''.
On page 80, beginning on line 20, strike ``the National
Intelligence Authority'' and all that follows through
``National Intelligence Program,'' and insert ``any element
of the intelligence community''.
On page 81, beginning on line 9, strike ``National
Intelligence Authority'' and insert ``Intelligence
Community''.
On page 204, strike lines 1 through 3 and insert the
following:

SEC. 312. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL
OFFICER OF THE INTELLIGENCE COMMUNITY.

______

SA 3715. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 46, strike lines 6 through 10.
______

SA 3716. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 11, line 22, strike ``and'' at the end.
On page 11, between lines 22 and 23, insert the following:
(5) to such officials of State and local governments having
homeland security responsibilities as the President shall
direct; and
On page 11, line 23, strike ``(5)'' and insert ``(6)''.
______

SA 3717. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 39, strike lines 8 through 11 and insert the
following:
(c) Personnel Strength Level.--Congress shall authorize the
personnel strength level for the National Intelligence
Reserve Corps for each fiscal year.
______

SA 3718. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 4, line 4, insert ``foreign intelligence'' after
``means''.
On page 4, strike lines 5 through 16 and insert the
following:
(2) The term ``foreign intelligence'' means information
gathered, and activities conducted, relating to the
capabilities, intentions, or activities of foreign
governments or elements thereof, foreign organizations, or
foreign persons, or international terrorist activities.
(3) The term ``counterintelligence'' means--
(A) foreign intelligence gathered, and activities
conducted, to protect against espionage, other intelligence
activities, sabotage,

[[Page S9827]]

or assassinations conducted by or on behalf of foreign
governments or elements thereof, foreign organizations, or
foreign persons, or international terrorist activities; and
(B) information gathered, and activities conducted, to
prevent the interference by or disruption of foreign
intelligence activities of the United States by foreign
government or elements thereof, foreign organizations, or
foreign persons, or international terrorists.
On page 6, line 12, strike ``counterintelligence or''.
On page 7, beginning on line 5, strike ``the Office of
Intelligence of the Federal Bureau of Investigation'' and
insert ``the Directorate of Intelligence of the Federal
Bureau of Investigation''.
On page 8, between lines 6 and 7, insert the following:
(8) The term ``counterespionage'' means counterintelligence
designed to detect, destroy, neutralize, exploit, or prevent
espionage activities though identification, penetration,
deception, and prosecution (in accordance with the criminal
law) of individuals, groups, or organizations conducting, or
suspected of conducting, espionage activities.
(9) The term ``intelligence operation'' means activities
conducted to facilitate the gathering of foreign intelligence
or the conduct of covert action (as that term is defined in
section 503(e) of the National Security Act of 1947 (50
U.S.C. 413b(e)).
(10) The term ``collection and analysis requirements''
means any subject, whether general or specific, upon which
there is a need for the collection of intelligence
information or the production of intelligence.
(11) The term ``collection and analysis tasking'' means the
assignment or direction of an individual or activity to
perform in a specified way to achieve an intelligence
objective or goal.
(12) The term ``certified intelligence officer'' means a
professional employee of an element of the intelligence
community engaged in intelligence activities who meets
standards and qualifications set by the National Intelligence
Director.
On page 120, beginning on line 17, strike ``, subject to
the direction and control of the President,''.
On page 123, between lines 6 and 7, insert the following:
(e) Discharge of Improvements.--(1) The Director of the
Federal Bureau of Investigation shall carry out subsections
(b) through (d) through the Executive Assistant Director of
the Federal Bureau of Investigation for Intelligence or such
other official as the Director of the Federal Bureau of
Investigation designates as the head of the Directorate of
Intelligence of the Federal Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation
shall carry out subsections (b) through (d) under the joint
direction, supervision, and control of the Attorney General
and the National Intelligence Director.
(3) The Director of the Federal Bureau of Investigation
shall report to both the Attorney General and the National
Intelligence Director regarding the activities of the Federal
Bureau of Investigation under subsections (b) through (d).
On page 123, line 7, strike ``(e)'' and insert ``(f)''.
On page 123, line 17, strike ``(f)'' and insert ``(g)''.
On page 126, between lines 20 and 21, insert the following:

SEC. 206. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU
OF INVESTIGATION.

(a) Directorate of Intelligence of Federal Bureau of
Investigation.--The element of the Federal Bureau of
Investigation known as of the date of the enactment of this
Act is hereby redesignated as the Directorate of Intelligence
of the Federal Bureau of Investigation.
(b) Head of Directorate.--The head of the Directorate of
Intelligence shall be the Executive Assistant Director of the
Federal Bureau of Investigation for Intelligence or such
other official within the Federal Bureau of Investigation as
the Director of the Federal Bureau of Investigation shall
designate.
(c) Responsibilities.--The Directorate of Intelligence
shall be responsible for the following:
(1) The discharge by the Federal Bureau of Investigation of
all national intelligence programs, projects, and activities
of the Bureau.
(2) The discharge by the Bureau of the requirements in
section 105B of the National Security Act of 1947 (50 U.S.C.
403-5b).
(3) The oversight of Bureau field intelligence operations.
(4) Human source development and management by the Bureau.
(5) Collection by the Bureau against nationally-determined
intelligence requirements.
(6) Language services.
(7) Strategic analysis.
(8) Intelligence program and budget management.
(9) The intelligence workforce.
(10) Any other responsibilities specified by the Director
of the Federal Bureau of Investigation or specified by law.
(d) Staff.--The Directorate of Intelligence shall consist
of such staff as the Director of the Federal Bureau of
Investigation considers appropriate for the activities of the
Directorate.
______

SA 3719. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:
On page 7, line 23, insert ``tactical military'' before
``intelligence''.
On page 8, between lines 6 and 7, insert the following:
(8) The term ``tactical military intelligence'' means
foreign intelligence produced by an element of the Department
of Defense and intended primarily to be responsive to the
needs of military commanders in the field to maintain the
readiness of operating forces for combat operations and to
support the planning and conduct of combat operations.
On page 13, line 9, strike ``military intelligence'' and
insert ``tactical military intelligence''.
On page 21, beginning on line 20, strike ``military
intelligence'' and insert ``tactical military intelligence''.
On page 52, line 14, strike ``military intelligence'' and
insert ``tactical military intelligence''.
______

SA 3720. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 108, between lines 8 and 9, insert the following:

SEC. 153. NATIONAL INTELLIGENCE UNIVERSITY.

(a) National Intelligence University.--The National
Intelligence Director shall establish within the intelligence
community an institution of higher education to be known as
the National Intelligence University.
(b) Purpose.--The purpose of the National Intelligence
University shall be to provide such higher education and
training in matters relating to intelligence for personnel of
the elements of the intelligence community as the National
Intelligence Director shall prescribe.
(c) Component Institutions.--The National Intelligence
University shall consist of such component institutions as
the National Intelligence Director shall prescribe.
(d) Authority To Award Degrees.--Each component institution
of the National Intelligence University shall be authorized,
upon the recommendation of the faculty of such institution,
to award a degree in such fields as the National Intelligence
Director shall prescribe to graduates of such institution who
have fulfilled the requirements for such a degree.
(e) Model.--(1) In establishing the National Intelligence
University, the National Intelligence Director shall adapt
for use in the National Intelligence University such
mechanisms and requirements with respect to the National
Defense University under chapter 108 of title 10, United
States Code, as the Director considers appropriate.
(2) The Director shall consult with the Secretary of
Defense regarding the adaptation to the National Intelligence
University of mechanisms and requirements of the National
Defense University under paragraph (1).
(f) Regulations.--The National Intelligence Director shall
prescribe regulations for purposes of carrying out this
section.
(g) Report.--(1) Not later than one year after the date of
the enactment of this Act, the National Intelligence Director
shall submit to the congressional intelligence committees a
report on the progress made as of the date of the report in
the establishment of the National Intelligence University.
(2) The report shall include--
(A) a description of the progress made in the establishment
of the University; and
(B) a proposal for such additional legislative actions, if
any, as the Director considers appropriate to further the
establishment of the University.
______

SA 3721. Mr. VOINOVICH (for himself and Mr. Lugar) submitted an
amendment intended to be proposed by him to the bill S. 2845, to reform
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of the bill, insert the following:

TITLE __--PRESIDENTIAL APPOINTMENTS IMPROVEMENT ACT OF 2004

SEC. __01. SHORT TITLE.

This title may be cited as the ``Presidential Appointments
Improvement Act of 2004''.

SEC. __02. PURPOSES.

The purposes of this title are to--
(1) improve the Presidential appointment process without
violating the spirit and letter of conflict of interest laws;
and
(2) provide a newly elected President the ability to submit
all nominations to the Senate for all Presidential
appointments as expeditiously as possible after the President
takes office.

[[Page S9828]]

SEC. __03. PUBLIC FINANCIAL DISCLOSURE FOR JUDICIAL AND
LEGISLATIVE PERSONNEL.

Title I of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended to read as follows:

``TITLE I--JUDICIAL AND LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE
REQUIREMENTS

``SEC. 101. PERSONS REQUIRED TO FILE.

``(a) Within 30 days of assuming the position of an officer
or employee described in subsection (f), an individual shall
file a report containing the information described in section
102(b) unless the individual has left another position
described in subsection (f) or section 201(f) within 30 days
prior to assuming such new position or has already filed a
report under this title with respect to nomination for the
new position or as a candidate for the position.
``(b)(1) Within 5 days of the transmittal by the President
to the Senate of the nomination of an individual to a
position in the legislative or judicial branch, appointment
to which requires the advice and consent of the Senate, such
individual shall file a report containing the information
described in section 102(b). Such individual shall, not later
than the date of the first hearing to consider the nomination
of such individual, make current the report filed pursuant to
this paragraph by filing the information required by section
102(a)(1)(A) with respect to income and honoraria received as
of the date which occurs 5 days before the date of such
hearing. Nothing in this Act shall prevent any congressional
committee from requesting, as a condition of confirmation,
any additional financial information from any Presidential
nominee whose nomination has been referred to that committee.
``(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at any
time after that public announcement, but not later than is
required under the first sentence of such paragraph.
``(c) Within 30 days of becoming a candidate as defined in
section 301 of the Federal Campaign Act of 1971, in a
calendar year for nomination or election to the office of
Member of Congress, or on or before May 15 of that calendar
year, whichever is later, but in no event later than 30 days
before the election, and on or before May 15 of each
successive year an individual continues to be a candidate, an
individual other than an incumbent Member of Congress shall
file a report containing the information described in section
102(b). Notwithstanding the preceding sentence, in any
calendar year in which an individual continues to be a
candidate for any office but all elections for such office
relating to such candidacy were held in prior calendar years,
such individual need not file a report unless he becomes a
candidate for another vacancy in that office or another
office during that year.
``(d) Any individual who is an officer or employee
described in subsection (f) during any calendar year and
performs the duties of his position or office for a period in
excess of 60 days in that calendar year shall file on or
before May 15 of the succeeding year a report containing the
information described in section 102(a).
``(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 102(a)
covering the preceding calendar year if the report required
by subsection (d) has not been filed and covering the portion
of the calendar year in which such termination occurs up to
the date the individual left such office or position, unless
such individual has accepted employment in another position
described in subsection (f) or section 201(f).
``(f) The officers and employees referred to in subsections
(a), (d), and (e) are--
``(1) a Member of Congress as defined under section
109(10);
``(2) an officer or employee of the Congress as defined
under section 109(11);
``(3) a judicial officer as defined under section 109(8);
and
``(4) a judicial employee as defined under section 109(6).
``(g) Reasonable extensions of time for filing any report
may be granted under procedures prescribed by the supervising
ethics office for each branch, but the total of such
extensions shall not exceed 90 days.
``(h) The provisions of subsections (a), (b), and (e) shall
not apply to an individual who, as determined by the
congressional ethics committees or the Judicial Conference,
is not reasonably expected to perform the duties of his
office or position for more than 60 days in a calendar year,
except that if such individual performs the duties of his
office or position for more than 60 days in a calendar year--
``(1) the report required by subsections (a) and (b) shall
be filed within 15 days of the sixtieth day, and
``(2) the report required by subsection (e) shall be filed
as provided in such subsection.
``(i) The supervising ethics office for each branch may
grant a publicly available request for a waiver of any
reporting requirement under this section for an individual
who is expected to perform or has performed the duties of his
office or position less than 130 days in a calendar year, but
only if the supervising ethics office determines that--
``(1) such individual is not a full-time employee of the
Government,
``(2) such individual is able to provide services specially
needed by the Government,
``(3) it is unlikely that the individual's outside
employment or financial interests will create a conflict of
interest, and
``(4) public financial disclosure by such individual is not
necessary in the circumstances.

``SEC. 102. CONTENTS OF REPORTS.

``(a) Each report filed pursuant to section 101 (d) and (e)
shall include a full and complete statement with respect to
the following:
``(1)(A) The source, type, and amount or value of income
(other than income referred to in subparagraph (B)) from any
source (other than from current employment by the United
States Government), and the source, date, and amount of
honoraria from any source, received during the preceding
calendar year, aggregating $200 or more in value and the
source, date, and amount of payments made to charitable
organizations in lieu of honoraria, and the reporting
individual shall simultaneously file with the applicable
supervising ethics office, on a confidential basis, a
corresponding list of recipients of all such payments,
together with the dates and amounts of such payments.
``(B) The source and type of income which consists of
dividends, rents, interest, and capital gains, received
during the preceding calendar year which exceeds $200 in
amount or value, and an indication of which of the following
categories the amount or value of such item of income is
within:
``(i) Not more than $1,000.
``(ii) Greater than $1,000 but not more than $2,500.
``(iii) Greater than $2,500 but not more than $5,000.
``(iv) Greater than $5,000 but not more than $15,000.
``(v) Greater than $15,000 but not more than $50,000.
``(vi) Greater than $50,000 but not more than $100,000.
``(vii) Greater than $100,000 but not more than $1,000,000.
``(viii) Greater than $1,000,000 but not more than
$5,000,000.
``(ix) Greater than $5,000,000.
``(2)(A) The identity of the source, a brief description,
and the value of all gifts aggregating more than the minimal
value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, received from any
source other than a relative of the reporting individual
during the preceding calendar year, except that any food,
lodging, or entertainment received as personal hospitality of
an individual need not be reported, and any gift with a fair
market value of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value is adjusted,
need not be aggregated for purposes of this subparagraph.
``(B) The identity of the source and a brief description
(including a travel itinerary, dates, and nature of expenses
provided) of reimbursements received from any source
aggregating more than the minimal value as established by
section 7342(a)(5) of title 5, United States Code, or $250,
whichever is greater and received during the preceding
calendar year.
``(C) In an unusual case, a gift need not be aggregated
under subparagraph (A) if a publicly available request for a
waiver is granted.
``(3) The identity and category of value of any interest in
property held during the preceding calendar year in a trade
or business, or for investment or the production of income,
which has a fair market value which exceeds $1,000 as of the
close of the preceding calendar year, excluding any personal
liability owed to the reporting individual by a spouse, or by
a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any
deposits aggregating $5,000 or less in a personal savings
account. For purposes of this paragraph, a personal savings
account shall include any certificate of deposit or any other
form of deposit in a bank, savings and loan association,
credit union, or similar financial institution.
``(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse, or a
parent, brother, sister, or child of the reporting individual
or of the reporting individual's spouse which exceed $10,000
at any time during the preceding calendar year, excluding--
``(A) any mortgage secured by real property which is a
personal residence of the reporting individual or his spouse;
and
``(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not
exceed the purchase price of the item which secures it.

With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $10,000 as of the close
of the preceding calendar year need be reported under this
paragraph.
``(5) Except as provided in this paragraph, a brief
description, the date, and category of value of any purchase,
sale or exchange during the preceding calendar year which
exceeds $1,000--
``(A) in real property, other than property used solely as
a personal residence of the reporting individual or his
spouse; or
``(B) in stocks, bonds, commodities futures, and other
forms of securities.
Reporting is not required under this paragraph of any
transaction solely by and between the reporting individual,
his spouse, or dependent children.

[[Page S9829]]

``(6)(A) The identity of all positions held on or before
the date of filing during the current calendar year (and, for
the first report filed by an individual, during the 2-year
period preceding such calendar year) as an officer, director,
trustee, partner, proprietor, representative, employee, or
consultant of any corporation, company, firm, partnership, or
other business enterprise, any nonprofit organization, any
labor organization, or any educational or other institution
other than the United States. This subparagraph shall not
require the reporting of positions held in any religious,
social, fraternal, or political entity and positions solely
of an honorary nature.
``(B) If any person, other than the United States
Government, paid a nonelected reporting individual
compensation in excess of $5,000 in any of the 2 calendar
years prior to the calendar year during which the individual
files his first report under this title, the individual shall
include in the report--
``(i) the identity of each source of such compensation; and
``(ii) a brief description of the nature of the duties
performed or services rendered by the reporting individual
for each such source.
The preceding sentence shall not require any individual to
include in such report any information which is considered
confidential as a result of a privileged relationship,
established by law, between such individual and any person
nor shall it require an individual to report any information
with respect to any person for whom services were provided by
any firm or association of which such individual was a
member, partner, or employee unless such individual was
directly involved in the provision of such services.
``(7) A description of the date, parties to, and terms of
any agreement or arrangement with respect to--
``(A) future employment;
``(B) a leave of absence during the period of the reporting
individual's Government service;
``(C) continuation of payments by a former employer other
than the United States Government; and
``(D) continuing participation in an employee welfare or
benefit plan maintained by a former employer.
``(8) The category of the total cash value of any interest
of the reporting individual in a qualified blind trust,
unless the trust instrument was executed prior to July 24,
1995, and precludes the beneficiary from receiving
information on the total cash value of any interest in the
qualified blind trust.
``(b)(1) Each report filed pursuant to subsections (a),
(b), and (c) of section 101 shall include a full and complete
statement with respect to the information required by--
``(A) paragraph (1) of subsection (a) for the year of
filing and the preceding calendar year,
``(B) paragraphs (3) and (4) of subsection (a) as of the
date specified in the report but which is less than 31 days
before the filing date, and
``(C) paragraphs (6) and (7) of subsection (a) as of the
filing date but for periods described in such paragraphs.
``(2)(A) In lieu of filling out 1 or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the supervising ethics office for the
branch in which such individual serves or pursuant to a
specific written determination by such office for a reporting
individual.
``(B) In lieu of indicating the category of amount or value
of any item contained in any report filed under this title, a
reporting individual may indicate the exact dollar amount of
such item.
``(c) In the case of any individual described in section
101(e), any reference to the preceding calendar year shall be
considered also to include that part of the calendar year of
filing up to the date of the termination of employment.
``(d)(1) The categories for reporting the amount or value
of the items covered in paragraphs (3), (4), (5), and (8) of
subsection (a) are--
``(A) not more than $15,000;
``(B) greater than $15,000 but not more than $50,000;
``(C) greater than $50,000 but not more than $100,000;
``(D) greater than $100,000 but not more than $250,000;
``(E) greater than $250,000 but not more than $500,000;
``(F) greater than $500,000 but not more than $1,000,000;
``(G) greater than $1,000,000 but not more than $5,000,000;
``(H) greater than $5,000,000 but not more than
$25,000,000;
``(I) greater than $25,000,000 but not more than
$50,000,000; and
``(J) greater than $50,000,000.
``(2) For the purposes of paragraph (3) of subsection (a)
if the current value of an interest in real property (or an
interest in a real estate partnership) is not ascertainable
without an appraisal, an individual may list (A) the date of
purchase and the purchase price of the interest in the real
property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and
complete description of the method used to determine such
assessed value, instead of specifying a category of value
pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under
paragraph (3) of subsection (a) is not ascertainable without
an appraisal, such individual may list the book value of a
corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an
individually owned business, or with respect to other
holdings, any recognized indication of value, but such
individual shall include in his report a full and complete
description of the method used in determining such value.
In lieu of any value referred to in the preceding
sentence, an individual may list the assessed value of the
item for tax purposes, adjusted to reflect the market
value of the item used for the assessment if the assessed
value is computed at less than 100 percent of such market
value, but a full and complete description of the method
used in determining such assessed value shall be included
in the report.
``(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 101 shall also
contain information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
``(A) The source of items of earned income earned by a
spouse from any person which exceed $1,000 and the source and
amount of any honoraria received by a spouse, except that,
with respect to earned income (other than honoraria), if the
spouse is self-employed in business or a profession, only the
nature of such business or profession need be reported.
``(B) All information required to be reported in subsection
(a)(1)(B) with respect to income derived by a spouse or
dependent child from any asset held by the spouse or
dependent child and reported pursuant to subsection (a)(3).
``(C) In the case of any gifts received by a spouse or
dependent child which are not received totally independent of
the relationship of the spouse or dependent child to the
reporting individual, the identity of the source and a brief
description of gifts of transportation, lodging, food, or
entertainment and a brief description and the value of other
gifts.
``(D) In the case of any reimbursements received by a
spouse or dependent child which are not received totally
independent of the relationship of the spouse or dependent
child to the reporting individual, the identity of the source
and a brief description of each such reimbursement.
``(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required to be
reported under these paragraphs other than items (i) which
the reporting individual certifies represent the spouse's or
dependent child's sole financial interest or responsibility
and which the reporting individual has no knowledge of, (ii)
which are not in any way, past or present, derived from the
income, assets, or activities of the reporting individual,
and (iii) from which the reporting individual neither
derives, nor expects to derive, any financial or economic
benefit.
``(F) For purposes of this section, categories with amounts
or values greater than $1,000,000 set forth in sections 102
(a)(1)(B) and (d)(1) shall apply to the income, assets, or
liabilities of spouses and dependent children only if the
income, assets, or liabilities are held jointly with the
reporting individual. All other income, assets, or
liabilities of the spouse or dependent children required to
be reported under this section in an amount or value greater
than $1,000,000 shall be categorized only as an amount or
value greater than $1,000,000.

Reports required by subsections (a), (b), and (c) of section
101 shall, with respect to the spouse and dependent child of
the reporting individual, only contain information listed in
paragraphs (1), (3), and (4) of subsection (a), as specified
in this paragraph.
``(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation; or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
``(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information required to
be reported pursuant to subsections (a), (b), and (c) of this
section with respect to the holdings of and the income from a
trust or other financial arrangement from which income is
received by, or with respect to which a beneficial interest
in principal or income is held by, such individual, his
spouse, or any dependent child.
``(2) A reporting individual need not report the holdings
of or the source of income from any of the holdings of--
``(A) any qualified blind trust (as defined in paragraph
(3));
``(B) a trust--
``(i) which was not created directly by such individual,
his spouse, or any dependent child, and
``(ii) the holdings or sources of income of which such
individual, his spouse, and any dependent child have no
knowledge of; or
``(C) an entity described under the provisions of paragraph
(8), but such individual shall report the category of the
amount of income received by him, his spouse, or any
dependent child from the trust or other entity under
subsection (a)(1)(B) of this section.
``(3) For purposes of this subsection, the term `qualified
blind trust' includes any

[[Page S9830]]

trust in which a reporting individual, his spouse, or any
minor or dependent child has a beneficial interest in the
principal or income, and which meets the following
requirements:
``(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary
duties is a financial institution, an attorney, a certified
public accountant, a broker, or an investment advisor who--
``(I) is independent of and not associated with any
interested party so that the trustee or other person cannot
be controlled or influenced in the administration of the
trust by any interested party;
``(II) is not and has not been an employee of or affiliated
with any interested party and is not a partner of, or
involved in any joint venture or other investment with, any
interested party; and
``(III) is not a relative of any interested party.
``(ii) Any officer or employee of a trustee or other entity
who is involved in the management or control of the trust--
``(I) is independent of and not associated with any
interested party so that such officer or employee cannot be
controlled or influenced in the administration of the trust
by any interested party;
``(II) is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
``(III) is not a relative of any interested party.
``(B) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
or sale unless such restriction is expressly approved by the
supervising ethics office of the reporting individual.
``(C) The trust instrument which establishes the trust
provides that--
``(i) except to the extent provided in subparagraph (B) of
this paragraph, the trustee in the exercise of his authority
and discretion to manage and control the assets of the trust
shall not consult or notify any interested party;
``(ii) the trust shall not contain any asset the holding of
which by an interested party is prohibited by any law or
regulation;
``(iii) the trustee shall promptly notify the reporting
individual and his supervising ethics office when the
holdings of any particular asset transferred to the trust by
any interested party are disposed of or when the value of
such holding is less than $1,000;
``(iv) the trust tax return shall be prepared by the
trustee or his designee, and such return and any information
relating thereto (other than the trust income summarized in
appropriate categories necessary to complete an interested
party's tax return), shall not be disclosed to any interested
party;
``(v) an interested party shall not receive any report on
the holdings and sources of income of the trust, except a
report at the end of each calendar quarter with respect to
the total cash value of the interest of the interested party
in the trust or the net income or loss of the trust or any
reports necessary to enable the interested party to complete
an individual tax return required by law or to provide the
information required by subsection (a)(1) of this section,
but such report shall not identify any asset or holding;
``(vi) except for communications which solely consist of
requests for distributions of cash or other unspecified
assets of the trust, there shall be no direct or indirect
communication between the trustee and an interested party
with respect to the trust unless such communication is in
writing and unless it relates only (I) to the general
financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing
income or long-term capital gain), (II) to the notification
of the trustee of a law or regulation subsequently applicable
to the reporting individual which prohibits the interested
party from holding an asset, which notification directs that
the asset not be held by the trust, or (III) to directions to
the trustee to sell all of an asset initially placed in the
trust by an interested party which in the determination of
the reporting individual creates a conflict of interest or
the appearance thereof due to the subsequent assumption of
duties by the reporting individual (but nothing herein shall
require any such direction); and
``(vii) the interested parties shall make no effort to
obtain information with respect to the holdings of the trust,
including obtaining a copy of any trust tax return filed or
any information relating thereto except as otherwise provided
in this subsection.
``(D) The proposed trust instrument and the proposed
trustee is approved by the reporting individual's supervising
ethics office.
``(E) For purposes of this subsection, `interested party'
means a reporting individual, his spouse, and any minor or
dependent child; `broker' has the meaning set forth in
section 3(a)(4) of the Securities and Exchange Act of 1934
(15 U.S.C. 78c(a)(4)); and `investment adviser' includes any
investment adviser who, as determined under regulations
prescribed by the supervising ethics office, is generally
involved in his role as such an adviser in the management or
control of trusts.
``(F) Any trust qualified by a supervising ethics office
before January 1, 1991, shall continue to be governed by the
law and regulations in effect immediately before such
effective date.
``(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting
individual, for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the Federal
Government (including section 208 of title 18, United States
Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of,
or has a value of less than $1,000.
``(B)(i) The provisions of subparagraph (A) shall not apply
with respect to a trust created for the benefit of a
reporting individual, or the spouse, dependent child, or
minor child of such a person, if the supervising ethics
office for such reporting individual finds that--
``(I) the assets placed in the trust consist of a well-
diversified portfolio of readily marketable securities;
``(II) none of the assets consist of securities of entities
having substantial activities in the area of the reporting
individual's primary area of responsibility;
``(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraph (3)(C) (iii) and
(iv) of this subsection, from making public or informing any
interested party of the sale of any securities;
``(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v) of this
subsection, to prepare on behalf of any interested party the
personal income tax returns and similar returns which may
contain information relating to the trust; and
``(V) except as otherwise provided in this paragraph, the
trust instrument provides (or in the case of a trust
established prior to January 1, 1991, which by its terms does
not permit amendment, the trustee, the reporting individual,
and any other interested party agree in writing) that the
trust shall be administered in accordance with the
requirements of this subsection and the trustee of such trust
meets the requirements of paragraph (3)(A).
``(ii) In any instance covered by subparagraph (B) in which
the reporting individual is an individual whose nomination is
being considered by a congressional committee, the reporting
individual shall inform the congressional committee
considering his nomination before or during the period of
such individual's confirmation hearing of his intention to
comply with this paragraph.
``(5)(A) The reporting individual shall, within 30 days
after a qualified blind trust is approved by his supervising
ethics office, file with such office a copy of--
``(i) the executed trust instrument of such trust (other
than those provisions which relate to the testamentary
disposition of the trust assets), and
``(ii) a list of the assets which were transferred to such
trust, including the category of value of each asset as
determined under subsection (d) of this section.

This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified
blind trust under paragraph (7) of this subsection.
``(B) The reporting individual shall, within 30 days of
transferring an asset (other than cash) to a previously
established qualified blind trust, notify his supervising
ethics office of the identity of each such asset and the
category of value of each asset as determined under
subsection (d) of this section.
``(C) Within 30 days of the dissolution of a qualified
blind trust, a reporting individual shall--
``(i) notify his supervising ethics office of such
dissolution, and
``(ii) file with such office a copy of a list of the assets
of the trust at the time of such dissolution and the category
of value under subsection (d) of this section of each such
asset.
``(D) Documents filed under subparagraphs (A), (B), and (C)
of this paragraph and the lists provided by the trustee of
assets placed in the trust by an interested party which have
been sold shall be made available to the public in the same
manner as a report is made available under section 105 and
the provisions of that section shall apply with respect to
such documents and lists.
``(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the reporting
individual's supervising ethics office within 5 days of the
date of the communication.
``(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such trust
that may not be disclosed under paragraph (3) of this
subsection; (ii) acquire any holding the ownership of which
is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this
subsection or the trust agreement; or (iv) fail to file any
document required by this subsection.
``(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which
he is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection or (ii) fail to file any
document required by this subsection.
``(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully violates the
provisions of subparagraph (A) or (B) of this paragraph. The
court in which such action is

[[Page S9831]]

brought may assess against such individual a civil penalty in
any amount not to exceed $10,000.
``(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who negligently violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in which
such action is brought may assess against such individual a
civil penalty in any amount not to exceed $5,000.
``(7) Any trust may be considered to be a qualified blind
trust if--
``(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust
instrument which does not by its terms permit amendment, the
trustee, the reporting individual, and any other interested
party agree in writing that the trust shall be administered
in accordance with the requirements of this subsection and
the trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who
is a dependent child, a parent or guardian of such child may
execute the agreement referred to in this subparagraph;
``(B) a copy of the trust instrument (except testamentary
provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust
at the time of approval by the supervising ethics office,
including the category of value of each asset as determined
under subsection (d) of this section, are filed with such
office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
``(C) the supervising ethics office determines that
approval of the trust arrangement as a qualified blind trust
is in the particular case appropriate to assure compliance
with applicable laws and regulations.
``(8) A reporting individual shall not be required to
report the financial interests held by a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
``(A)(i) the fund is publicly traded; or
``(ii) the assets of the fund are widely diversified; and
``(B) the reporting individual neither exercises control
over nor has the ability to exercise control over the
financial interests held by the fund.
``(g) Political campaign funds, including campaign receipts
and expenditures, need not be included in any report filed
pursuant to this title.
``(h) A report filed pursuant to subsection (a), (d), or
(e) of section 101 need not contain the information described
in subparagraphs (A), (B), and (C) of subsection (a)(2) with
respect to gifts and reimbursements received in a period when
the reporting individual was not an officer or employee of
the Federal Government.
``(i) A reporting individual shall not be required under
this title to report--
``(1) financial interests in or income derived from--
``(A) any retirement system under title 5, United States
Code (including the Thrift Savings Plan under subchapter III
of chapter 84 of such title); or
``(B) any other retirement system maintained by the United
States for officers or employees of the United States,
including the President, or for members of the uniformed
services; or
``(2) benefits received under the Social Security Act (42
U.S.C. 301 et seq.).

``SEC. 103. FILING OF REPORTS.

``(a) Each supervising ethics office shall develop and make
available forms for reporting the information required by
this title.
``(b)(1) The reports required under this title shall be
filed by a reporting individual with--
``(A)(i)(I) the Clerk of the House of Representatives, in
the case of a Representative in Congress, a Delegate to
Congress, the Resident Commissioner from Puerto Rico, an
officer or employee of the Congress whose compensation is
disbursed by the Chief Administrative Officer of the House of
Representatives, an officer or employee of the Architect of
the Capitol, the United States Botanic Garden, the
Congressional Budget Office, the Government Printing Office,
the Library of Congress, or the Copyright Royalty Tribunal
(including any individual terminating service, under section
101(e), in any office or position referred to in this
subclause), or an individual described in section 101(c) who
is a candidate for nomination or election as a Representative
in Congress, a Delegate to Congress, or the Resident
Commissioner from Puerto Rico; and
``(II) the Secretary of the Senate, in the case of a
Senator, an officer or employee of the Congress whose
compensation is disbursed by the Secretary of the Senate, an
officer or employee of the General Accounting Office, or the
Office of the Attending Physician (including any individual
terminating service, under section 101(e), in any office or
position referred to in this subclause), or an individual
described in section 101(c) who is a candidate for nomination
or election as a Senator; and
``(ii) in the case of an officer or employee of the
Congress as described under section 101(f)(2) who is employed
by an agency or commission established in the legislative
branch after November 30, 1989--
``(I) the Secretary of the Senate or the Clerk of the House
of Representatives, as the case may be, as designated in the
statute establishing such agency or commission; or
``(II) if such statute does not designate such committee,
the Secretary of the Senate for agencies and commissions
established in even numbered calendar years, and the Clerk of
the House of Representatives for agencies and commissions
established in odd numbered calendar years; and
``(B) the Judicial Conference with regard to a judicial
officer or employee described under paragraphs (3) and (4) of
section 101(f) (including individuals terminating service in
such office or position under section 101(e) or immediately
preceding service in such office or position).
``(2) The date any report is received (and the date of
receipt of any supplemental report) shall be noted on such
report by such committee.
``(c) A copy of each report filed under this title by a
Member or an individual who is a candidate for the office of
Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may
be, to the appropriate State officer designated under section
312(a) of the Federal Election Campaign Act of 1971 of the
State represented by the Member or in which the individual is
a candidate, as the case may be, within the 30-day period
beginning on the day the report is filed with the Clerk or
Secretary.
``(d)(1) A copy of each report filed under this title with
the Clerk of the House of Representatives shall be sent by
the Clerk to the Committee on Standards of Official Conduct
of the House of Representatives within the 7-day period
beginning on the day the report is filed.
``(2) A copy of each report filed under this title with the
Secretary of the Senate shall be sent by the Secretary to the
Select Committee on Ethics of the Senate within the 7-day
period beginning on the day the report is filed.
``(e) In carrying out their responsibilities under this
title with respect to candidates for office, the Clerk of the
House of Representatives and the Secretary of the Senate
shall avail themselves of the assistance of the Federal
Election Commission. The Commission shall make available to
the Clerk and the Secretary on a regular basis a complete
list of names and addresses of all candidates registered with
the Commission, and shall cooperate and coordinate its
candidate information and notification program with the Clerk
and the Secretary to the greatest extent possible.

``SEC. 104. FAILURE TO FILE OR FILING FALSE REPORTS.

``(a) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty in
any amount, not to exceed $10,000.
``(b) Each congressional ethics committee or the Judicial
Conference, as the case may be, shall refer to the Attorney
General the name of any individual which such official or
committee has reasonable cause to believe has willfully
failed to file a report or has willfully falsified or
willfully failed to file information required to be reported.
Whenever the Judicial Conference refers a name to the
Attorney General under this subsection, the Judicial
Conference also shall notify the judicial council of the
circuit in which the named individual serves of the referral.
``(c) A congressional ethics committee and the Judicial
Conference, may take any appropriate personnel or other
action in accordance with applicable law or regulation
against any individual failing to file a report or falsifying
or failing to report information required to be reported.
``(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later of--
``(A) the date such report is required to be filed pursuant
to the provisions of this title and the rules and regulations
promulgated thereunder; or
``(B) if a filing extension is granted to such individual
under section 101(g), the last day of the filing extension
period, shall, at the direction of and pursuant to
regulations issued by the supervising ethics office, pay a
filing fee of $200. All such fees shall be deposited in the
miscellaneous receipts of the Treasury.
``(2) The supervising ethics office may waive the filing
fee under this subsection in extraordinary circumstances.

``SEC. 105. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.

``(a) The supervising ethics office of the judicial branch,
the Clerk of the House of Representatives, and the Secretary
of the Senate shall make available to the public, in
accordance with subsection (b), each report filed under this
title with such office or with the Clerk or the Secretary of
the Senate.
``(b)(1) Except as provided in the second sentence of this
subsection, the supervising ethics office in the judicial
branch, the Clerk of the House of Representatives, and the
Secretary of the Senate shall, within 30 days after any
report is received under this title by such office or by the
Clerk or the Secretary of the Senate, as the case may be,
permit inspection of such report by or furnish a copy of such
report to any person requesting such inspection or copy. With
respect to any report required to be filed by May 15 of any
year, such report shall be made available for

[[Page S9832]]

public inspection within 30 calendar days after May 15 of
such year or within 30 days of the date of filing of such a
report for which an extension is granted pursuant to section
101(g). The office, Clerk, or Secretary of the Senate, as the
case may be, may require a reasonable fee to be paid in any
amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any salary
of any employee involved in such reproduction or mailing. A
copy of such report may be furnished without charge or at a
reduced charge if it is determined that waiver or reduction
of the fee is in the public interest.
``(2) Notwithstanding paragraph (1), a report may not be
made available under this section to any person nor may any
copy thereof be provided under this section to any person
except upon a written application by such person stating--
``(A) that person's name, occupation, and address;
``(B) the name and address of any other person or
organization on whose behalf the inspection or copy is
requested; and
``(C) that such person is aware of the prohibitions on the
obtaining or use of the report.

Any such application shall be made available to the public
throughout the period during which the report is made
available to the public.
``(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109 (6) or (8) of this Act if a finding
is made by the Judicial Conference, in consultation with
United States Marshal Service, that revealing personal and
sensitive information could endanger that individual.
``(B) A report may be redacted pursuant to this paragraph
only--
``(i) to the extent necessary to protect the individual who
filed the report; and
``(ii) for as long as the danger to such individual exists.
``(C) The Administrative Office of the United States Courts
shall submit to the Committees on the Judiciary of the House
of Representatives and of the Senate an annual report with
respect to the operation of this paragraph including--
``(i) the total number of reports redacted pursuant to this
paragraph;
``(ii) the total number of individuals whose reports have
been redacted pursuant to this paragraph; and
``(iii) the types of threats against individuals whose
reports are redacted, if appropriate.
``(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth
the circumstances under which redaction is appropriate under
this paragraph and the procedures for redaction.
``(E) This paragraph shall expire on December 31, 2005, and
apply to filings through calendar year 2005.
``(c)(1) It shall be unlawful for any person to obtain or
use a report--
``(A) for any unlawful purpose;
``(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
``(C) for determining or establishing the credit rating of
any individual; or
``(D) for use, directly or indirectly, in the solicitation
of money for any political, charitable, or other purpose.
``(2) The Attorney General may bring a civil action against
any person who obtains or uses a report for any purpose
prohibited in paragraph (1) of this subsection. The court in
which such action is brought may assess against such person a
penalty in any amount not to exceed $10,000. Such remedy
shall be in addition to any other remedy available under
statutory or common law.
``(d) Any report filed with or transmitted to a supervising
ethics office or to the Clerk of the House of Representatives
or the Secretary of the Senate pursuant to this title shall
be retained by such office or by the Clerk or the Secretary
of the Senate, as the case may be. Such report shall be made
available to the public for a period of 6 years after receipt
of the report. After such 6-year period the report shall be
destroyed unless needed in an ongoing investigation, except
that in the case of an individual who filed the report
pursuant to section 101(b) and was not subsequently confirmed
by the Senate, or who filed the report pursuant to section
101(c) and was not subsequently elected, such reports shall
be destroyed 1 year after the individual either is no longer
under consideration by the Senate or is no longer a candidate
for nomination or election to the Office of President, Vice
President, or as a Member of Congress, unless needed in an
ongoing investigation.

``SEC. 106. REVIEW OF REPORTS.

``(a) Each congressional ethics committee and the Judicial
Conference shall make provisions to ensure that each report
filed under this title is reviewed within 60 days after the
date of such filing.
``(b)(1) If after reviewing any report under subsection
(a), a person designated by the congressional ethics
committee or a person designated by the Judicial Conference,
as the case may be, is of the opinion that on the basis of
information contained in such report the individual
submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report,
and shall sign such report.
``(2) If a person designated by the congressional ethics
committee, or a person designated by the Judicial Conference,
after reviewing any report under subsection (a)--
``(A) believes additional information is required to be
submitted, he shall notify the individual submitting such
report what additional information is required and the time
by which it must be submitted, or
``(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance with
applicable laws and regulations, he shall notify the
individual, afford a reasonable opportunity for a written or
oral response, and after consideration of such response,
reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with
such laws and regulations.
``(3) If a person designated by a congressional ethics
committee or a person designated by the Judicial Conference,
reaches an opinion under paragraph (2)(B) that an individual
is not in compliance with applicable laws and regulations,
the official or committee shall notify the individual of that
opinion and, after an opportunity for personal consultation
(if practicable), determine and notify the individual of
which steps, if any, would in the opinion of such official or
committee be appropriate for assuring compliance with such
laws and regulations and the date by which such steps should
be taken. Such steps may include, as appropriate--
``(A) divestiture,
``(B) restitution,
``(C) the establishment of a blind trust,
``(D) request for an exemption under section 208(b) of
title 18, United States Code, or
``(E) voluntary request for transfer, reassignment,
limitation of duties, or resignation.

The use of any such steps shall be in accordance with such
rules or regulations as the supervising ethics office may
prescribe.
``(4) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by an individual in a position appointment to which
requires the advice and consent of the Senate but removal
authority resides in the President, the matter shall be
referred to the President for appropriate action.
``(5) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by any other officer or employee, the matter shall be
referred to the congressional ethics committee or the
Judicial Conference, for appropriate action.
``(6) Each supervising ethics office may render advisory
opinions interpreting this title within its respective
jurisdiction. Notwithstanding any other provision of law, the
individual to whom a public advisory opinion is rendered in
accordance with this paragraph, and any other individual
covered by this title who is involved in a fact situation
which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and
findings of such advisory opinion shall not, as a result of
such act, be subject to any penalty or sanction provided by
this title.

``SEC. 107. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL
REQUIREMENTS.

``(a)(1) Each supervising ethics office may require
officers and employees under its jurisdiction (including
special Government employees as defined in section 202 of
title 18, United States Code) to file confidential financial
disclosure reports, in such form as the supervising ethics
office may prescribe. The information required to be reported
under this subsection by the officers and employees of the
legislative or judicial branch shall be set forth in rules or
regulations prescribed by the supervising ethics office, and
may be less extensive than otherwise required by this title,
or more extensive when determined by the supervising ethics
office to be necessary and appropriate in light of sections
202 through 209 of title 18, United States Code, regulations
promulgated thereunder, official codes of conduct or the
authorized activities of such officers or employees. Any
individual required to file a report pursuant to section 101
shall not be required to file a confidential report pursuant
to this subsection, except with respect to information which
is more extensive than information otherwise required by this
title. Subsections (a), (b), and (d) of section 105 shall not
apply with respect to any such report.
``(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
``(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this title from such
requirement.
``(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under
any other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest. Such
provisions of this title shall not supersede the requirements
of section 7342 of title 5, United States Code.
``(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize--
``(1) the receipt of income, gifts, or reimbursements;
``(2) the holding of assets, liabilities, or positions; or
``(3) the participation in transactions that are prohibited
by law, rule, or regulation.

[[Page S9833]]

``SEC. 108. AUTHORITY OF COMPTROLLER GENERAL.

``(a) The Comptroller General shall have access to
financial disclosure reports filed under this title for the
purposes of carrying out his statutory responsibilities.
``(b) Not later than December 31, 1992, and regularly
thereafter, the Comptroller General shall conduct a study to
determine whether the provisions of this title are being
carried out effectively.

``SEC. 109. DEFINITIONS.

``For the purposes of this title, the term--
``(1) `congressional ethics committees' means the Select
Committee on Ethics of the Senate and the Committee on
Standards of Official Conduct of the House of
Representatives;
``(2) `dependent child' means, when used with respect to
any reporting individual, any individual who is a son,
daughter, stepson, or stepdaughter and who--
``(A) is unmarried and under age 21 and is living in the
household of such reporting individual; or
``(B) is a dependent of such reporting individual within
the meaning of section 152 of the Internal Revenue Code of
1986 (26 U.S.C. 152);
``(3) `gift' means a payment, advance, forbearance,
rendering, or deposit of money, or any thing of value, unless
consideration of equal or greater value is received by the
donor, but does not include--
``(A) bequest and other forms of inheritance;
``(B) suitable mementos of a function honoring the
reporting individual;
``(C) food, lodging, transportation, and entertainment
provided by a foreign government within a foreign country or
by the United States Government, the District of Columbia, or
a State or local government or political subdivision thereof;
``(D) food and beverages which are not consumed in
connection with a gift of overnight lodging;
``(E) communications to the offices of a reporting
individual, including subscriptions to newspapers and
periodicals; or
``(F) consumable products provided by home-State businesses
to the offices of a reporting individual who is an elected
official, if those products are intended for consumption by
persons other than such reporting individual;
``(4) `honoraria' has the meaning given such term in
section 505 of this Act;
``(5) `income' means all income from whatever source
derived, including but not limited to the following items:
compensation for services, including fees, commissions, and
similar items; gross income derived from business (and net
income if the individual elects to include it); gains derived
from dealings in property; interest; rents; royalties;
dividends; annuities; income from life insurance and
endowment contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income; and
income from an interest in an estate or trust;
``(6) `judicial employee' means any employee of the
judicial branch of the Government, of the United States
Sentencing Commission, of the Tax Court, of the Court of
Federal Claims, of the Court of Appeals for Veterans Claims,
or of the United States Court of Appeals for the Armed
Forces, who is not a judicial officer and who is authorized
to perform adjudicatory functions with respect to proceedings
in the judicial branch, or who occupies a position for which
the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for GS-15
of the General Schedule;
``(7) `Judicial Conference' means the Judicial Conference
of the United States;
``(8) `judicial officer' means the Chief Justice of the
United States, the Associate Justices of the Supreme Court,
and the judges of the United States courts of appeals, United
States district courts, including the district courts in
Guam, the Northern Mariana Islands, and the Virgin Islands,
Court of Appeals for the Federal Circuit, Court of
International Trade, Tax Court, Court of Federal Claims,
Court of Appeals for Veterans Claims, United States Court of
Appeals for the Armed Forces, and any court created by Act of
Congress, the judges of which are entitled to hold office
during good behavior;
``(9) `legislative branch' includes--
``(A) the Architect of the Capitol;
``(B) the Botanic Gardens;
``(C) the Congressional Budget Office;
``(D) the General Accounting Office;
``(E) the Government Printing Office;
``(F) the Library of Congress;
``(G) the United States Capitol Police;
``(H) the Office of Compliance; and
``(I) any other agency, entity, office, or commission
established in the legislative branch;
``(10) `Member of Congress' means a United States Senator,
a Representative in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico;
``(11) `officer or employee of the Congress' means--
``(A) any individual described under subparagraph (B),
other than a Member of Congress or the Vice President, whose
compensation is disbursed by the Secretary of the Senate or
the Chief Administrative Officer of the House of
Representatives;
``(B)(i) each officer or employee of the legislative branch
who, for at least 60 days, occupies a position for which the
rate of basic pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15 of the
General Schedule; and
``(ii) at least 1 principal assistant designated for
purposes of this paragraph by each Member who does not have
an employee who occupies a position for which the rate of
basic pay is equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of the General
Schedule;
``(12) `personal hospitality of any individual' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the
personal residence of that individual or his family or on
property or facilities owned by that individual or his
family;
``(13) `reimbursement' means any payment or other thing of
value received by the reporting individual, other than gifts,
to cover travel-related expenses of such individual other
than those which are--
``(A) provided by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(B) required to be reported by the reporting individual
under section 7342 of title 5, United States Code; or
``(C) required to be reported under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
``(14) `relative' means an individual who is related to the
reporting individual, as father, mother, son, daughter,
brother, sister, uncle, aunt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, grandfather,
grandmother, grandson, granddaughter, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, or who is
the grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or
fiancee of the reporting individual;
``(15) `supervising ethics office' means--
``(A) the Select Committee on Ethics of the Senate, for
Senators, officers and employees of the Senate, and other
officers, or employees of the legislative branch required to
file financial disclosure reports with the Secretary of the
Senate pursuant to section 103(h) of this title;
``(B) the Committee on Standards of Official Conduct of the
House of Representatives, for Members, officers, and
employees of the House of Representatives and other officers
or employees of the legislative branch required to file
financial disclosure reports with the Clerk of the House of
Representatives pursuant to section 103(h) of this title; and
``(C) the Judicial Conference for judicial officers and
judicial employees; and
``(16) `value' means a good faith estimate of the dollar
value if the exact value is neither known nor easily
obtainable by the reporting individual.

``SEC. 110. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS
AGREEMENTS.

``(a) In any case in which an individual agrees with a
Senate confirmation committee, a congressional ethics
committee, or the Judicial Conference, to take any action to
comply with this Act or any other law or regulation governing
conflicts of interest of, or establishing standards of
conduct applicable with respect to, officers or employees of
the Government, that individual shall notify in writing the
appropriate committee of the Senate, the congressional ethics
committee, or the Judicial Conference, as the case may be, of
any action taken by the individual pursuant to that
agreement. Such notification shall be made not later than the
date specified in the agreement by which action by the
individual must be taken, or not later than 3 months after
the date of the agreement, if no date for action is so
specified.
``(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from particular
categories of agency or other official action, the individual
shall reduce to writing those subjects regarding which the
recusal agreement will apply and the process by which it will
be determined whether the individual must recuse himself or
herself in a specific instance. An individual shall be
considered to have complied with the requirements of
subsection (a) with respect to such recusal agreement if such
individual files a copy of the document setting forth the
information described in the preceding sentence with the
appropriate supervising ethics office within the time
prescribed in the last sentence of subsection (a).

``SEC. 111. ADMINISTRATION OF PROVISIONS.

``The provisions of this title shall be administered by--
``(1) the Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives, as appropriate, with regard to officers and
employees described in paragraphs (1) and (2) of section
101(f); and
``(2) the Judicial Conference in the case of an officer or
employee described in paragraphs (3) and (4) of section
101(f). The Judicial Conference may delegate any authority it
has under this title to an ethics committee established by
the Judicial Conference.''.

SEC. __04. PUBLIC FINANCIAL DISCLOSURE FOR THE EXECUTIVE
BRANCH.

The Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by inserting after title I the following:

``TITLE II--EXECUTIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS

``SEC. 201. PERSONS REQUIRED TO FILE.

``(a) Within 30 days of assuming the position of an officer
or employee described in

[[Page S9834]]

subsection (f), an individual shall file a report containing
the information described in section 202(b) unless the
individual has left another position described in subsection
(f) of this section or section 101(f) of this Act within 30
days prior to assuming such new position or has already filed
a report under this title with respect to nomination for the
new position or as a candidate for the position.
``(b)(1) Within 5 days of the transmittal by the President
to the Senate of the nomination of an individual (other than
an individual nominated for appointment to a position as a
Foreign Service Officer or a grade or rank in the uniformed
services for which the pay grade prescribed by section 201 of
title 37, United States Code, is O-6 or below) to a position
in the executive branch, appointment to which requires the
advice and consent of the Senate, such individual shall file
a report containing the information described in section
202(b). Such individual shall, not later than the date of the
first hearing to consider the nomination of such individual,
make current the report filed pursuant to this paragraph by
filing the information required by section 202(a)(1)(A) with
respect to income and honoraria received as of the date which
occurs 5 days before the date of such hearing. Nothing in
this Act shall prevent any congressional committee from
requesting, as a condition of confirmation, any additional
financial information from any Presidential nominee whose
nomination has been referred to that committee.
``(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at any
time after that public announcement, but not later than is
required under the first sentence of such paragraph.
``(c) Within 30 days of becoming a candidate as defined in
section 301 of the Federal Campaign Act of 1971, in a
calendar year for nomination or election to the office of
President or Vice President or on or before May 15 of that
calendar year, whichever is later, but in no event later than
30 days before the election, and on or before May 15 of each
successive year an individual continues to be a candidate, an
individual other than an incumbent President or Vice
President shall file a report containing the information
described in section 202(b). Notwithstanding the preceding
sentence, in any calendar year in which an individual
continues to be a candidate for any office but all elections
for such office relating to such candidacy were held in prior
calendar years, such individual need not file a report unless
he becomes a candidate for another vacancy in that office or
another office during that year.
``(d) Any individual who is an officer or employee
described in subsection (f) during any calendar year and
performs the duties of his position or office for a period in
excess of 60 days in that calendar year shall file on or
before May 15 of the succeeding year a report containing the
information described in section 202(a).
``(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 202(a)
covering the preceding calendar year if the report required
by subsection (d) has not been filed and covering the portion
of the calendar year in which such termination occurs up to
the date the individual left such office or position, unless
such individual has accepted employment in or takes the oath
of office for another position described in subsection (f) or
section 101(f).
``(f) The officers and employees referred to in subsections
(a), (d), and (e) are--
``(1) the President;
``(2) the Vice President;
``(3) each officer or employee in the executive branch,
including a special Government employee as defined in section
202 of title 18, United States Code, who occupies a position
classified above GS-15 of the General Schedule or, in the
case of positions not under the General Schedule, for which
the rate of basic pay is equal to or greater than 120 percent
of the minimum rate of basic pay payable for GS-15 of the
General Schedule; each member of a uniformed service whose
pay grade is at or in excess of O-7 under section 201 of
title 37, United States Code; and each officer or employee
in any other position determined by the Director of the
Office of Government Ethics to be of equal classification;
``(4) each employee appointed pursuant to section 3105 of
title 5, United States Code;
``(5) any employee not described in paragraph (3) who is in
a position in the executive branch which is excepted from the
competitive service by reason of being of a confidential or
policymaking character, except that the Director of the
Office of Government Ethics may, by regulation, exclude from
the application of this paragraph any individual, or group of
individuals, who are in such positions, but only in cases in
which the Director determines such exclusion would not affect
adversely the integrity of the Government or the public's
confidence in the integrity of the Government;
``(6) the Postmaster General, the Deputy Postmaster
General, each Governor of the Board of Governors of the
United States Postal Service, each officer or employee of the
United States Postal Service who is designated as a member of
the Postal Career Executive Service (PCES I or II), and each
officer or employee of the Postal Rate Commission who
occupies a position for which the rate of basic pay is equal
to or greater than 120 percent of the minimum rate of basic
pay payable for GS-15 of the General Schedule;
``(7) the Director of the Office of Government Ethics and
each designated agency ethics official; and
``(8) any civilian employee not described in paragraph (3),
employed in the Executive Office of the President (other than
a special Government employee) who holds a commission of
appointment from the President.
``(g)(1) Reasonable extensions of time for filing any
report may be granted under procedures prescribed by the
Office of Government Ethics, but the total of such extensions
shall not exceed 90 days.
``(2)(A) In the case of an individual who is serving in the
Armed Forces, or serving in support of the Armed Forces, in
an area while that area is designated by the President by
Executive order as a combat zone for purposes of section 112
of the Internal Revenue Code of 1986, the date for the filing
of any report shall be extended so that the date is 180 days
after the later of--
``(i) the last day of the individual's service in such area
during such designated period; or
``(ii) the last day of the individual's hospitalization as
a result of injury received or disease contracted while
serving in such area.
``(B) The Office of Government Ethics, in consultation with
the Secretary of Defense, may prescribe procedures under this
paragraph.
``(h) The provisions of subsections (a), (b), and (e) shall
not apply to an individual who, as determined by the
designated agency ethics official or Secretary concerned (or
in the case of a Presidential appointee under subsection (b),
the Director of the Office of Government Ethics), is not
reasonably expected to perform the duties of his office or
position for more than 60 days in a calendar year, except
that if such individual performs the duties of his office or
position for more than 60 days in a calendar year--
``(1) the report required by subsections (a) and (b) shall
be filed within 15 days of the sixtieth day, and
``(2) the report required by subsection (e) shall be filed
as provided in such subsection.
``(i) The Director of the Office of Government Ethics may
grant a publicly available request for a waiver of any
reporting requirement under this section for an individual
who is expected to perform or has performed the duties of his
office or position less than 130 days in a calendar year, but
only if the Director determines that--
``(1) such individual is not a full-time employee of the
Government,
``(2) such individual is able to provide services specially
needed by the Government,
``(3) it is unlikely that the individual's outside
employment or financial interests will create a conflict of
interest, and
``(4) public financial disclosure by such individual is not
necessary in the circumstances.

``SEC. 202. CONTENTS OF REPORTS.

``(a) Each report filed pursuant to section 201 (d) and (e)
shall include a full and complete statement with respect to
the following:
``(1)(A) The source, description, and category of amount of
income (other than income referred to in subparagraph (B))
from any source (other than from current employment by the
United States Government), received during the preceding
calendar year, aggregating more than $500 in value, except
that honoraria received during Government service by an
officer or employee shall include, in addition to the source,
the exact amount and the date it was received.
``(B) The source, description, and category of amount or
value of investment income which may include but is not
limited to dividends, rents, interest, and capital gains,
received during the preceding calendar year which exceeds
$500 in amount or value.
``(C) The categories for reporting the amount or value for
income covered in subparagraphs (A) and (B) of this paragraph
are--
``(i) greater than $500 but not more than $20,000;
``(ii) greater than $20,000 but not more than $100,000;
``(iii) greater than $100,000 but not more than $1,000,000;
``(iv) greater than $1,000,000 but not more than
$2,500,000; and
``(v) greater than $2,500,000.
``(2)(A) The identity of the source, a brief description,
and the value of all gifts aggregating more than the minimal
value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, received from any
source other than a relative of the reporting individual
during the preceding calendar year, except that any food,
lodging, or entertainment received as personal hospitality
of an individual need not be reported, and any gift with a
fair market value of $100 or less, as adjusted at the same
time and by the same percentage as the minimal value is
adjusted, need not be aggregated for purposes of this
subparagraph.
``(B) The identity of the source and a brief description
(including dates of travel and nature of expenses provided)
of reimbursements received from any source aggregating more
than the minimal value as established by section 7342(a)(5)
of title 5, United States Code, or $250, whichever is greater
and received during the preceding calendar year.
``(C) In an unusual case, a gift need not be aggregated
under subparagraph (A) if a publicly available request for a
waiver is granted.

[[Page S9835]]

``(3) The identity and category of value of any interest in
property held during the preceding calendar year in a trade
or business, or for investment or the production of income,
which has a fair market value which exceeds $5,000 as of the
close of the preceding calendar year, excluding any personal
liability owed to the reporting individual by a spouse, or by
a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any
deposit accounts aggregating $100,000 or less in a financial
institution, or any Federal Government securities aggregating
$100,000 or less.
``(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse, or a
parent, brother, sister, or child of the reporting individual
or of the reporting individual's spouse which exceed $20,000
at any time during the preceding calendar year, excluding--
``(A) any mortgage secured by real property which is a
personal residence of the reporting individual or his spouse;
and
``(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not
exceed the purchase price of the item which secures it.

With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $20,000 as of the close
of the preceding calendar year need be reported under this
paragraph.
``(5) Except as provided in this paragraph, a brief
description of any real property, other than property used
solely as a personal residence of the reporting individual or
his spouse, and stocks, bonds, commodities futures, and other
forms of securities, if--
``(A) purchased, sold, or exchanged during the preceding
calendar year;
``(B) the value of the transaction exceeded $5,000; and
``(C) the property or security is not already required to
be reported as a source of income pursuant to paragraph
(1)(B) or as an asset pursuant to paragraph (3) of this
section. Reporting is not required under this paragraph of
any transaction solely by and between the reporting
individual, his spouse, or dependent children.
``(6)(A) The identity of all positions held on or before
the date of filing during the current calendar year (and, for
the first report filed by an individual, during the 1-year
period preceding such calendar year) as an officer, director,
trustee, partner, proprietor, representative, employee, or
consultant of any corporation, company, firm, partnership, or
other business enterprise, any nonprofit organization, any
labor organization, or any educational or other institution
other than the United States. This subparagraph shall not
require the reporting of positions held in any religious,
social, fraternal, or political entity and positions solely
of an honorary nature.
``(B) If any person, other than a person reported as a
source of income under paragraph (1)(A) or the United States
Government, paid a nonelected reporting individual
compensation in excess of $25,000 in the calendar year prior
to or the calendar year in which the individual files his
first report under this title, the individual shall include
in the report--
``(i) the identity of each source of such compensation; and
``(ii) a brief description of the nature of the duties
performed or services rendered by the reporting individual
for each such source.
``(C) Subparagraph (B) shall not require any individual to
include in such report any information--
``(i) with respect to a person for whom services were
provided by any firm or association of which such individual
was a member, partner, or employee unless the individual was
directly involved in the provision of such services;
``(ii) that is protected by a court order or is under seal;
or
``(iii) that is considered confidential as a result of--
``(I) a privileged relationship established by a
confidentiality agreement entered into at the time the person
retained the services of the individual;
``(II) a grand jury proceeding or a non-public
investigation, if there are no public filings, statements,
appearances, or reports that identify the person for whom
such individual is providing services; or
``(III) an applicable rule of professional conduct that
prohibits disclosure of the information and that can be
enforced by a professional licensing body.
``(7) A description of parties to and terms of any
agreement or arrangement with respect to (A) future
employment; (B) a leave of absence during the period of the
reporting individual's Government service; (C) continuation
of payments by a former employer other than the United States
Government; and (D) continuing participation in an employee
welfare or benefit plan maintained by a former employer. The
description of any formal agreement for future employment
shall include the date of that agreement.
``(8) The category of the total cash value of any interest
of the reporting individual in a qualified blind trust.
``(b)(1) Each report filed pursuant to subsections (a),
(b), and (c) of section 201 shall include a full and complete
statement with respect to the information required by--
``(A) paragraphs (1) and (6) of subsection (a) for the year
of filing and the preceding calendar year,
``(B) paragraphs (3) and (4) of subsection (a) as of the
date specified in the report but which is less than 31 days
before the filing date, and
``(C) paragraph (7) of subsection (a) as of the filing date
but for periods described in such paragraph.
``(2)(A) In lieu of filling out 1 or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the Office of Government Ethics or
pursuant to a specific written determination by the Director
for a reporting individual.
``(B) In lieu of indicating the category of amount or value
of any item contained in any report filed under this title, a
reporting individual may indicate the exact dollar amount of
such item.
``(c) In the case of any individual referred to in section
201(e), any reference to the preceding calendar year shall be
considered also to include that part of the calendar year of
filing up to the date of the termination of employment.
``(d)(1) The categories for reporting the amount or value
of the items covered in paragraph (3) of subsection (a) are--
``(A) greater than $5,000 but not more than $15,000;
``(B) greater than $15,000 but not more than $100,000;
``(C) greater than $100,000 but not more than $1,000,000;
``(D) greater than $1,000,000 but not more than $2,500,000;
and
``(E) greater than $2,500,000.
``(2) For the purposes of paragraph (3) of subsection (a)
if the current value of an interest in real property (or an
interest in a real estate partnership) is not ascertainable
without an appraisal, an individual may list (A) the date of
purchase and the purchase price of the interest in the real
property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and
complete description of the method used to determine such
assessed value, instead of specifying a category of value
pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under
paragraph (3) of subsection (a) is not ascertainable without
an appraisal, such individual may list the book value of a
corporation whose stock is not publicly traded, the net worth
of a business partnership, the equity value of an
individually owned business, or with respect to other
holdings, any recognized indication of value, but such
individual shall include in his report a full and complete
description of the method used in determining such value. In
lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax
purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but a full and
complete description of the method used in determining such
assessed value shall be included in the report.
``(3) The categories for reporting the amount or value of
the items covered in paragraphs (4) and (8) of subsection (a)
are--
``(A) greater than $20,000 but not more than $100,000;
``(B) greater than $100,000 but not more than $500,000;
``(C) greater than $500,000 but not more than $1,000,000;
and
``(D) greater than $1,000,000.
``(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 201 shall also
contain information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
``(A) The sources of earned income earned by a spouse,
including honoraria, which exceed $500, except that, with
respect to earned income, if the spouse is self-employed in
business or a profession, only the nature of such business or
profession need be reported.
``(B) All information required to be reported in subsection
(a)(1)(B) with respect to investment income derived by a
spouse or dependent child.
``(C) In the case of any gifts received by a spouse or
dependent child which are not received totally independent of
the relationship of the spouse or dependent child to the
reporting individual, the identity of the source and a brief
description of gifts of transportation, lodging, food, or
entertainment and a brief description and the value of other
gifts.
``(D) In the case of any reimbursements received by a
spouse or dependent child which are not received totally
independent of the relationship of the spouse or dependent
child to the reporting individual, the identity of the source
and a brief description of each such reimbursement.
``(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required to be
reported under these paragraphs other than items which the
reporting individual certifies (i) represent the spouse's or
dependent child's sole financial interest or responsibility
and which the reporting individual has no knowledge of, (ii)
are not in any way, past or present, derived from the income,
assets, or activities of the reporting individual, and (iii)
are ones from which he neither derives, nor expects to
derive, any financial or economic benefit.
``(F) Reports required by subsections (a), (b), and (c) of
section 201 shall, with respect

[[Page S9836]]

to the spouse and dependent child of the reporting
individual, only contain information listed in
paragraphs (1), (3), and (4) of subsection (a), as
specified in this paragraph.
``(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation; or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
``(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information required to
be reported pursuant to subsections (a), (b), and (c) of this
section with respect to the holdings of and the income from a
trust or other financial arrangement from which income is
received by, or with respect to which a beneficial interest
in principal or income is held by, such individual, his
spouse, or any dependent child.
``(2) A reporting individual need not report the holdings
of or the source of income from any of the holdings of--
``(A) any qualified blind trust (as defined in paragraph
(3));
``(B) a trust--
``(i) which was not created directly by such individual,
his spouse, or any dependent child, and
``(ii) the holdings or sources of income of which such
individual, his spouse, and any dependent child have no
knowledge of; or
``(C) an entity described under the provisions of paragraph
(8), but such individual shall report the category of the
amount of income received by him, his spouse, or any
dependent child from the trust or other entity under
subsection (a)(1)(B) of this section.
``(3) For purposes of this subsection, the term `qualified
blind trust' includes any trust in which a reporting
individual, his spouse, or any minor or dependent child has a
beneficial interest in the principal or income, and which
meets the following requirements:
``(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary
duties is a financial institution, an attorney, a certified
public accountant, a broker, or an investment advisor who--
``(I) is independent of and not affiliated with any
interested party so that the trustee or other person cannot
be controlled or influenced in the administration of the
trust by any interested party;
``(II) is not and has not been an employee of or affiliated
with any interested party and is not a partner of, or
involved in any joint venture or other investment with, any
interested party; and
``(III) is not a relative of any interested party.
``(ii) Any officer or employee of a trustee or other entity
who is involved in the management or control of the trust--
``(I) is independent of and not affiliated with any
interested party so that such officer or employee cannot be
controlled or influenced in the administration of the trust
by any interested party;
``(II) is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
``(III) is not a relative of any interested party.
``(B) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
or sale unless such restriction is expressly approved by the
Office of Government Ethics.
``(C) The trust instrument which establishes the trust
provides that--
``(i) except to the extent provided in subparagraph (B) of
this paragraph, the trustee in the exercise of his authority
and discretion to manage and control the assets of the trust
shall not consult or notify any interested party;
``(ii) the trust shall not contain any asset the holding of
which by an interested party is prohibited by any law or
regulation;
``(iii) the trustee shall promptly notify the reporting
individual and the Office of Government Ethics when the
holdings of any particular asset transferred to the trust by
any interested party are disposed of or when the value of
such holding is less than $1,000;
``(iv) the trust tax return shall be prepared by the
trustee or his designee, and such return and any information
relating thereto (other than the trust income summarized in
appropriate categories necessary to complete an interested
party's tax return), shall not be disclosed to any interested
party;
``(v) an interested party shall not receive any report on
the holdings and sources of income of the trust, except a
report at the end of each calendar quarter with respect to
the total cash value of the interest of the interested party
in the trust or the net income or loss of the trust or any
reports necessary to enable the interested party to complete
an individual tax return required by law or to provide the
information required by subsection (a)(1) of this section,
but such report shall not identify any asset or holding;
``(vi) except for communications which solely consist of
requests for distributions of cash or other unspecified
assets of the trust, there shall be no direct or indirect
communication between the trustee and an interested party
with respect to the trust unless such communication is in
writing and unless it relates only (I) to the general
financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing
income or long-term capital gain), (II) to the notification
of the trustee of a law or regulation subsequently applicable
to the reporting individual which prohibits the interested
party from holding an asset, which notification directs
that the asset not be held by the trust, or (III) to
directions to the trustee to sell all of an asset
initially placed in the trust by an interested party which
in the determination of the reporting individual creates a
conflict of interest or the appearance thereof due to the
subsequent assumption of duties by the reporting
individual (but nothing herein shall require any such
direction); and
``(vii) the interested parties shall make no effort to
obtain information with respect to the holdings of the trust,
including obtaining a copy of any trust tax return filed or
any information relating thereto except as otherwise provided
in this subsection.
``(D) The proposed trust instrument and the proposed
trustee is approved by the Office of Government Ethics.
``(E) For purposes of this subsection, `interested party'
means a reporting individual, his spouse, and any minor or
dependent child; `broker' has the meaning set forth in
section 3(a)(4) of the Securities and Exchange Act of 1934
(15 U.S.C. 78c(a)(4)); and `investment adviser' includes any
investment adviser who, as determined under regulations
prescribed by the supervising ethics office, is generally
involved in his role as such an adviser in the management or
control of trusts.
``(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting
individual, for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the Federal
Government (including section 208 of title 18, United States
Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed of,
or has a value of less than $1,000.
``(B)(i) The provisions of subparagraph (A) shall not apply
with respect to a trust created for the benefit of a
reporting individual, or the spouse, dependent child, or
minor child of such a person, if the Office of Government
Ethics finds that--
``(I) the assets placed in the trust consist of a widely-
diversified portfolio of readily marketable securities;
``(II) none of the assets consist of securities of entities
having substantial activities in the area of the reporting
individual's primary area of responsibility;
``(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraph (3)(C) (iii) and
(iv) of this subsection, from making public or informing any
interested party of the sale of any securities;
``(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v) of this
subsection, to prepare on behalf of any interested party the
personal income tax returns and similar returns which may
contain information relating to the trust; and
``(V) except as otherwise provided in this paragraph, the
trust instrument provides (or in the case of a trust which by
its terms does not permit amendment, the trustee, the
reporting individual, and any other interested party agree in
writing) that the trust shall be administered in accordance
with the requirements of this subsection and the trustee of
such trust meets the requirements of paragraph (3)(A).
``(ii) In any instance covered by subparagraph (B) in which
the reporting individual is an individual whose nomination is
being considered by a congressional committee, the reporting
individual shall inform the congressional committee
considering his nomination before or during the period of
such individual's confirmation hearing of his intention to
comply with this paragraph.
``(5)(A) The reporting individual shall, within 30 days
after a qualified blind trust is approved by the Office of
Government Ethics, file with such office a copy of--
``(i) the executed trust instrument of such trust (other
than those provisions which relate to the testamentary
disposition of the trust assets), and
``(ii) a list of the assets which were transferred to such
trust, including the category of value of each asset as
determined under subsection (d) of this section.

This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified
blind trust under paragraph (7) of this subsection.
``(B) The reporting individual shall, within 30 days of
transferring an asset (other than cash) to a previously
established qualified blind trust, notify the Office of
Government Ethics of the identity of each such asset and the
category of value of each asset as determined under
subsection (d) of this section.
``(C) Within 30 days of the dissolution of a qualified
blind trust, a reporting individual shall--
``(i) notify the Office of Government Ethics of such
dissolution; and
``(ii) file with such office and his Designated Agency
Ethics Official a copy of a list of the assets of the trust
at the time of such dissolution and the category of value
under subsection (d) of this section of each such asset.
``(D) Documents filed under subparagraphs (A), (B), and (C)
of this paragraph and the lists provided by the trustee of
assets placed in the trust by an interested party which have
been sold shall be made available to the public in the same
manner as a report is made available under section 205 and
the provisions of that section shall apply with respect to
such documents and lists.

[[Page S9837]]

``(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the Office of
Government Ethics within 5 days of the date of the
communication.
``(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such trust
that may not be disclosed under paragraph (3) of this
subsection; (ii) acquire any holding the ownership of which
is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this
subsection or the trust agreement; or (iv) fail to file any
document required by this subsection.
``(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which
he is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection or (ii) fail to file
any document required by this subsection.
``(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully violates the
provisions of subparagraph (A) or (B) of this paragraph. The
court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed
$11,000.
``(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who negligently violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in which
such action is brought may assess against such individual a
civil penalty in any amount not to exceed $5,500.
``(7) Any trust may be considered to be a qualified blind
trust if--
``(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust
instrument which does not by its terms permit amendment, the
trustee, the reporting individual, and any other interested
party agree in writing that the trust shall be administered
in accordance with the requirements of this subsection and
the trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who
is a dependent child, a parent or guardian of such child may
execute the agreement referred to in this subparagraph;
``(B) a copy of the trust instrument (except testamentary
provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust
at the time of approval by the Office of Government Ethics,
including the category of value of each asset as determined
under subsection (d) of this section, are filed with such
office and made available to the public as provided under
paragraph (5)(D) of this subsection; and
``(C) the Director of the Office of Government Ethics
determines that approval of the trust arrangement as a
qualified blind trust is in the particular case appropriate
to assure compliance with applicable laws and regulations.
``(8) A reporting individual shall not be required to
report the financial interests held by a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
``(A)(i) the fund is publicly traded; or
``(ii) the assets of the fund are widely diversified; and
``(B) the reporting individual neither exercises control
over nor has the ability to exercise control over the
financial interests held by the fund.
``(9)(A) A reporting individual described in subsection
(a), (b), or (c) of section 201 shall not be required to
report the assets or sources of income of any publicly
available investment fund if--
``(i) the identity of such assets and sources of income is
not provided to investors;
``(ii) the reporting individual neither exercises control
over nor has the ability to exercise control over the fund;
and
``(iii) the reporting individual--
``(I) does not otherwise have knowledge of the individual
assets of the fund and provides written certification by the
fund manager that individual assets of the fund are not
disclosed to investors; or
``(II) has executed a written ethics agreement that
contains a commitment to divest the interest in the
investment fund no later than 90 days after the date of the
agreement.

The reporting individual shall file the written certification
by the fund manager as an attachment to the report filed
pursuant to section 201.
``(B)(i) The provisions of subparagraph (A) shall apply to
an individual described in subsection (d) or (e) of section
201 if--
``(I) the interest in the trust or investment fund is
acquired involuntarily during the period to be covered by the
report, such as through marriage or inheritance, and
``(II) for an individual described in subsection (d), the
individual executes a written ethics agreement containing a
commitment to divest the interest no later than 90 days after
the date on which the report is due.
``(ii) An agreement described under clause (i)(II) shall be
attached to the public financial disclosure which would
otherwise include a listing of the holdings or sources of
income from this trust or investment fund.
``(iii) Failure to divest within the time specified or
within an extension period granted by the Director of the
Office of Government Ethics for good cause shown shall result
in an immediate requirement to report as specified in
paragraph (1) of this subsection.
``(g) Political campaign funds, including campaign receipts
and expenditures, need not be included in any report filed
pursuant to this title.
``(h) A report filed pursuant to subsection (a), (d), or
(e) of section 201 need not contain the information described
in subparagraphs (A), (B), and (C) of subsection (a)(2) with
respect to gifts and reimbursements received in a period when
the reporting individual was not an officer or employee of
the Federal Government.
``(i) A reporting individual shall not be required under
this title to report--
``(1) financial interests in or income derived from--
``(A) any retirement system under title 5, United States
Code (including the Thrift Savings Plan under subchapter III
of chapter 84 of such title); or
``(B) any other retirement system maintained by the United
States for officers or employees of the United States,
including the President, or for members of the uniformed
services; or
``(2) benefits received under the Social Security Act (42
U.S.C. 301 et seq.).
``(j)(1) Every month each designated agency ethics officer
shall submit to the Office of Government Ethics notification
of any waiver of criminal conflict of interest laws granted
to any individual in the preceding month with respect to a
filing under this title that is not confidential.
``(2) Every month the Office of Government Ethics shall
make publicly available on the Internet--
``(A) all notifications of waivers submitted under
paragraph (1) in the preceding month; and
``(B) notification of all waivers granted by the Office of
Government Ethics in the preceding month.
``(k) A full copy of any waiver of criminal conflict of
interest laws granted shall be included with any filing
required under this title with respect to the year in which
the waiver is granted.
``(l) The Office of Government Ethics shall provide upon
request any waiver on file for which notice has been
published.

``SEC. 203. FILING OF REPORTS.

``(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics
official at the agency by which he is employed (or in the
case of an individual described in section 201(e), was
employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental report)
shall be noted on such report by such official.
``(b) The President, the Vice President and independent
counsel and persons appointed by independent counsel under
chapter 40 of title 28, United States Code shall file reports
required under this title with the Director of the Office of
Government Ethics.
``(c) Copies of the reports required to be filed under this
title by the Postmaster General, the Deputy Postmaster
General, the Governors of the Board of Governors of the
United States Postal Service, designated agency ethics
officials, employees described in section 105(a)(2) (A) or
(B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or (b)(1)(A)(i),
of title 3, United States Code, candidates for the office of
President or Vice President and officers and employees in
(and nominees to) offices or positions within the executive
branch which require confirmation by the Senate shall be
transmitted to the Director of the Office of Government
Ethics. The Director shall forward a copy of the report of
each nominee to the congressional committee considering the
nomination.
``(d) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed in
the Office of Government Ethics and, immediately after being
filed, shall be made available to the public in accordance
with this title.
``(e) Each individual identified in section 201(c) who is a
candidate for nomination or election to the Office of
President or Vice President shall file the reports required
by this title with the Federal Election Commission.
``(f) Reports required of members of the uniformed services
shall be filed with the Secretary concerned.
``(g) The Office of Government Ethics shall develop and
make available forms for reporting the information required
by this title.

``SEC. 204. FAILURE TO FILE OR FILING FALSE REPORTS.

``(a) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 202. The court in which such action is
brought may assess against such individual a civil penalty in
any amount, not to exceed $11,000 or order the individual to
file or report any information required by section 202 or
both.
``(b) The head of each agency, each Secretary concerned, or
the Director of the Office of Government Ethics, as the case
may be, shall refer to the Attorney General the name of any
individual which such official

[[Page S9838]]

has reasonable cause to believe has willfully failed to file
a report or has willfully falsified or willfully failed to
file information required to be reported.
``(c) The President, the Vice President, the Secretary
concerned, or the head of each agency may take any
appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing
to file a report or falsifying or failing to report
information required to be reported.
``(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later of--
``(A) the date such report is required to be filed pursuant
to the provisions of this title and the rules and regulations
promulgated thereunder; or
``(B) if a filing extension is granted to such individual
under section 201(g), the last day of the filing extension
period,

shall, at the direction of and pursuant to regulations issued
by the Office of Government Ethics, pay a filing fee of $500.
All such fees shall be deposited in the miscellaneous
receipts of the Treasury. The authority under this paragraph
to direct the payment of a filing fee may be delegated by the
Office of Government Ethics to other agencies in the
executive branch.
``(2) The Office of Government Ethics may waive the filing
fee under this subsection for good cause shown.

``SEC. 205. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.

``(a) Each agency and the Office of Government Ethics shall
make available to the public, in accordance with subsection
(b), each report filed under this title with such agency or
Office except that this section does not require public
availability of a report filed by any individual in the
Central Intelligence Agency, the Defense Intelligence Agency,
the National Imagery and Mapping Agency, or the National
Security Agency, or any individual engaged in intelligence
activities in any agency of the United States, if the
President finds or has found that, due to the nature of the
office or position occupied by such individual, public
disclosure of such report would, by revealing the identity of
the individual or other sensitive information, compromise the
national interest of the United States; and such individuals
may be authorized, notwithstanding section 204(a), to file
such additional reports as are necessary to protect their
identity from public disclosure if the President first finds
or has found that such filing is necessary in the national
interest.
``(b)(1) Except as provided in the second sentence of this
subsection, each agency and the Office of Government Ethics
shall, within 30 days after any report is received under this
title by such agency or Office, as the case may be, permit
inspection of such report by or furnish a copy of such
report to any person requesting such inspection or copy.
With respect to any report required to be filed by May 15
of any year, such report shall be made available for
public inspection within 30 calendar days after May 15 of
such year or within 30 days of the date of filing of such
a report for which an extension is granted pursuant to
section 201(g). The agency or the Office of Government
Ethics may require a reasonable fee to be paid in any
amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any
salary of any employee involved in such reproduction or
mailing. A copy of such report may be furnished without
charge or at a reduced charge if it is determined that
waiver or reduction of the fee is in the public interest.
``(2) Notwithstanding paragraph (1), a report may not be
made available under this section to any person nor may any
copy thereof be provided under this section to any person
except upon a written application by such person stating--
``(A) that person's name, occupation, and address;
``(B) the name and address of any other person or
organization on whose behalf the inspection or copy is
requested; and
``(C) that such person is aware of the prohibitions on the
obtaining or use of the report.

Any such application shall be made available to the public
throughout the period during which the report is made
available to the public.
``(c)(1) It shall be unlawful for any person to obtain or
use a report--
``(A) for any unlawful purpose;
``(B) for any commercial purpose, other than by news and
communications media for dissemination to the general public;
``(C) for determining or establishing the credit rating of
any individual; or
``(D) for use, directly or indirectly, in the solicitation
of money for any political, charitable, or other purpose.
``(2) The Attorney General may bring a civil action against
any person who obtains or uses a report for any purpose
prohibited in paragraph (1) of this subsection. The court in
which such action is brought may assess against such person a
penalty in any amount not to exceed $11,000. Such remedy
shall be in addition to any other remedy available under
statutory or common law.
``(d) Any report filed with or transmitted to an agency or
the Office of Government Ethics pursuant to this title shall
be retained by such agency or Office, as the case may be.
Such report shall be made available to the public for a
period of 6 years after receipt of the report. After such 6-
year period the report shall be destroyed unless needed in an
ongoing investigation, except that in the case of an
individual who filed the report pursuant to section 201(b)
and was not subsequently confirmed by the Senate, or who
filed the report pursuant to section 201(c) and was not
subsequently elected, such reports shall be destroyed 1 year
after the individual either is no longer under consideration
by the Senate or is no longer a candidate for nomination or
election to the Office of President or Vice President unless
needed in an ongoing investigation.

``SEC. 206. REVIEW OF REPORTS.

``(a) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report
filed with him under this title is reviewed within 60 days
after the date of such filing, except that the Director of
the Office of Government Ethics shall review only those
reports required to be transmitted to him under this title
within 60 days after the date of transmittal.
``(b)(1) If after reviewing any report under subsection
(a), the Director of the Office of Government Ethics, the
Secretary concerned, or the designated agency ethics
official, as the case may be, is of the opinion that on the
basis of information contained in such report the individual
submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report,
and shall sign such report.
``(2) If the Director of the Office of Government Ethics,
the Secretary concerned, or the designated agency ethics
official after reviewing any report under subsection (a)--
``(A) believes additional information is required to be
submitted to complete the report or to perform a conflict of
interest analysis, he shall notify the individual submitting
such report what additional information is required and the
time by which it must be submitted, or
``(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance with
applicable laws and regulations, he shall notify the
individual, afford a reasonable opportunity for a written or
oral response, and after consideration of such response,
reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with
such laws and regulations.
``(3) If the Director of the Office of Government Ethics,
the Secretary concerned, or the designated agency ethics
official reaches an opinion under paragraph (2)(B) that an
individual is not in compliance with applicable laws and
regulations, the official shall notify the individual of that
opinion and, after an opportunity for personal consultation
(if practicable), determine and notify the individual of
which steps, if any, would in the opinion of such official be
appropriate for assuring compliance with such laws and
regulations and the date by which such steps should be taken.
Such steps may include, as appropriate--
``(A) divestiture,
``(B) restitution,
``(C) the establishment of a blind trust,
``(D) request for an exemption under section 208(b) of
title 18, United States Code, or
``(E) voluntary request for transfer, reassignment,
limitation of duties, or resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the Office of Government Ethics may
prescribe.
``(4) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by an individual in a position in the executive branch
(other than in the Foreign Service or the uniformed
services), appointment to which requires the advice and
consent of the Senate, the matter shall be referred to the
President for appropriate action.
``(5) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by a member of the Foreign Service or the uniformed
services, the Secretary concerned shall take appropriate
action.
``(6) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by any other officer or employee, the matter shall be
referred to the head of the appropriate agency for
appropriate action; except that in the case of the Postmaster
General or Deputy Postmaster General, the designated agency
ethics official of the United States Postal Service shall
notify the Director of the Office of Government Ethics, who
then shall recommend to the Governors of the Board of
Governors of the United States Postal Service the action to
be taken.
``(7) The Office of Government Ethics may render advisory
opinions interpreting this title. Notwithstanding any other
provision of law, the individual to whom a public advisory
opinion is rendered in accordance with this paragraph, and
any other individual covered by this title who is involved in
a fact situation which is indistinguishable in all material
aspects, and who acts in good faith in accordance with the
provisions and findings of such advisory opinion shall not,
as a result of such act, be subject to any penalty or
sanction provided by this title.

``SEC. 207. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL
REQUIREMENTS.

``(a)(1) The Office of Government Ethics may require
officers and employees of the executive branch (including
special Government employees as defined in section 202 of
title 18, United States Code) to file confidential financial
disclosure reports, in such form as it may prescribe. The
information required to be reported under this subsection

[[Page S9839]]

by the officers and employees of any department or agency
shall be set forth in rules or regulations prescribed by the
Office of Government Ethics, and may be less extensive than
otherwise required by this title, or more extensive when
determined by the Office of Government Ethics to be necessary
and appropriate in light of sections 202 through 209 of title
18, United States Code, regulations promulgated thereunder,
or the authorized activities of such officers or employees.
Any individual required to file a report pursuant to section
201 shall not be required to file a confidential report
pursuant to this subsection, except with respect to
information which is more extensive than information
otherwise required by this title. Subsections (a), (b), and
(d) of section 205 shall not apply with respect to any such
report.
``(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
``(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this title from such
requirement.
``(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under
any other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest. Such
provisions of this title shall not supersede the requirements
of section 7342 of title 5, United States Code.
``(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize the receipt of
income, gifts, or reimbursements; the holding of assets,
liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order,
rule, or regulation.

``SEC. 208. AUTHORITY OF COMPTROLLER GENERAL.

``The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of
carrying out his statutory responsibilities.

``SEC. 209. DEFINITIONS.

``For the purposes of this title, the term--
``(1) `dependent child' means, when used with respect to
any reporting individual, any individual who is a son,
daughter, stepson, or stepdaughter and who--
``(A) is unmarried and under age 21 and is living in the
household of such reporting individual; or
``(B) is a dependent of such reporting individual within
the meaning of section 152 of the Internal Revenue Code of
1986 (26 U.S.C. 152);
``(2) `designated agency ethics official' means an officer
or employee who is designated to administer the provisions of
this title within an agency;
``(3) `executive branch' includes each Executive agency (as
defined in section 105 of title 5, United States Code), other
than the General Accounting Office, and any other entity or
administrative unit in the executive branch;
``(4) `gift' means a payment, advance, forbearance,
rendering, or deposit of money, or any thing of value, unless
consideration of equal or greater value is received by the
donor, but does not include--
``(A) bequest and other forms of inheritance;
``(B) suitable mementos of a function honoring the
reporting individual;
``(C) food, lodging, transportation, and entertainment
provided by a foreign government within a foreign country or
by the United States Government, the District of Columbia, or
a State or local government or political subdivision thereof;
``(D) food and beverages which are not consumed in
connection with a gift of overnight lodging;
``(E) communications to the offices of a reporting
individual, including subscriptions to newspapers and
periodicals; or
``(F) items that are accepted pursuant to or are required
to be reported by the reporting individual under section 7342
of title 5, United States Code.
``(5) `honoraria' means a payment of money or anything of
value for an appearance, speech, or article;
``(6) `income' means all income from whatever source
derived, including but not limited to the following items:
compensation for services, including fees, commissions, and
similar items; gross income derived from business (and net
income if the individual elects to include it); gains derived
from dealings in property; interest; rents; royalties; prizes
and awards; dividends; annuities; income from life insurance
and endowment contracts; pensions; income from discharge of
indebtedness; distributive share of partnership income; and
income from an interest in an estate or trust;
``(7) `personal hospitality of any individual' means
hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the
personal residence of that individual or his family or on
property or facilities owned by that individual or his
family;
``(8) `reimbursement' means any payment or other thing of
value received by the reporting individual, other than gifts,
to cover travel-related expenses of such individual other
than those which are--
``(A) provided by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(B) required to be reported by the reporting individual
under section 7342 of title 5, United States Code; or
``(C) required to be reported under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
``(9) `relative' means an individual who is related to the
reporting individual, as father, mother, son, daughter,
brother, sister, uncle, aunt, great aunt, great uncle, first
cousin, nephew, niece, husband, wife, grandfather,
grandmother, grandson, granddaughter, father-in-law, mother-
in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, or who is
the grandfather or grandmother of the spouse of the reporting
individual, and shall be deemed to include the fiance or
fiancee of the reporting individual;
``(10) `Secretary concerned' has the meaning set forth in
section 101(a)(9) of title 10, United States Code, and, in
addition, means--
``(A) the Secretary of Commerce, with respect to matters
concerning the National Oceanic and Atmospheric
Administration;
``(B) the Secretary of Health and Human Services, with
respect to matters concerning the Public Health Service; and
``(C) the Secretary of State, with respect to matters
concerning the Foreign Service; and
``(11) `value' means a good faith estimate of the dollar
value if the exact value is neither known nor easily
obtainable by the reporting individual.

``SEC. 210. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS
AGREEMENTS.

``(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of
Government Ethics, or a Senate confirmation committee, to
take any action to comply with this Act or any other law or
regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect to,
officers or employees of the Government, that individual
shall notify in writing the designated agency ethics
official, the Office of Government Ethics, or the appropriate
committee of the Senate, as the case may be, of any action
taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified
in the agreement by which action by the individual must be
taken, or not later than 3 months after the date of the
agreement, if no date for action is so specified. If all
actions agreed to have not been completed by the date of this
notification, such notification shall continue on a monthly
basis thereafter until the individual has met the terms of
the agreement.
``(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from particular
categories of agency or other official action, the individual
shall reduce to writing those subjects regarding which the
recusal agreement will apply and the process by which it will
be determined whether the individual must recuse himself or
herself in a specific instance. An individual shall be
considered to have complied with the requirements of
subsection (a) with respect to such recusal agreement if such
individual files a copy of the document setting forth the
information described in the preceding sentence with such
individual's designated agency ethics official or the Office
of Government Ethics not later than the date specified in the
agreement by which action by the individual must be taken, or
not later than 3 months after the date of the agreement, if
no date for action is so specified.

``SEC. 211. ADMINISTRATION OF PROVISIONS.

``The Office of Government Ethics shall issue regulations,
develop forms, and provide such guidance as is necessary to
implement and interpret this title.''.

SEC. __05. TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY
APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES.

(a) Definition.--In this section, the term ``major party''
has the meaning given that term under section 9002(6) of the
Internal Revenue Code of 1986.
(b) Transmittal.--
(1) In general.--Not later than 15 days after the date on
which a major party nominates a candidate for President, the
Office of Personnel Management shall transmit an electronic
record to that candidate on Presidentially appointed
positions.
(2) Other candidates.--After making transmittals under
paragraph (1), the Office of Personnel Management may
transmit an electronic record on Presidentially appointed
positions to any other candidate for President.
(c) Content.--The record transmitted under this section
shall provide--
(1) all positions which are appointed by the President,
including the title and description of the duties of each
position;
(2) the name of each person holding a position described
under paragraph (1);
(3) any vacancy in the positions described under paragraph
(1), and the period of time any such position has been
vacant;
(4) the date on which an appointment made after the
applicable Presidential election for any position described
under paragraph (1) is necessary to ensure effective
operation of the Government; and
(5) any other information that the Office of Personnel
Management determines is useful in making appointments.

[[Page S9840]]

SEC. __06. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH
SENATE CONFIRMATION.

(a) Definition.--In this section, the term ``agency'' means
an Executive agency as defined under section 105 of title 5,
United States Code.
(b) Reduction Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the head of each agency shall submit a
Presidential appointment reduction plan to--
(A) the President;
(B) the Committee on Governmental Affairs of the Senate;
and
(C) the Committee on Government Reform of the House of
Representatives.
(2) Content.--The plan under this subsection shall provide
for the reduction of--
(A) the number of positions within that agency that require
an appointment by the President, by and with the advice and
consent of the Senate; and
(B) the number of levels of such positions within that
agency.

SEC. __07. OFFICE OF GOVERNMENT ETHICS REVIEW OF CONFLICT OF
INTEREST LAW.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of
Government Ethics, in consultation with the Attorney General
of the United States, shall conduct a comprehensive review of
conflict of interest laws relating to Federal employment and
submit a report to--
(1) the President;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Government Reform of the House of
Representatives; and
(5) the Committee on the Judiciary of the House of
Representatives.
(b) Content.--The report under this section shall--
(1) examine all Federal criminal conflict of interest laws
relating to Federal employment, including the relevant
provisions of chapter 11 of title 18, United States Code; and
(2) related civil conflict of interest laws, including
regulations promulgated under section 402 of the Ethics in
Government Act of 1978 (5 U.S.C. App.).

SEC. __08. EFFECTIVE DATE.

(a) Amendments to Ethics in Government Act of 1978.--
(1) In general.--Subject to subsection (b), the amendments
made by sections __03 and __04 shall take effect on January 1
of the year following the date of enactment of this title.
(2) Later date.--If the date of enactment of this title is
on or after July 1 of any calendar year, the amendments made
by sections __03 and __04 shall take effect on July 1 in the
year following the date of enactment of this title.
(b) Other Provisions.--Sections __01, __02, __05, __06, and
__07 shall take effect on the date of enactment of this
title.
______

SA 3722. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 2845, to reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of subtitle A of title II, add the following:

SEC. __. USE OF UNITED STATES COMMERCIAL REMOTE SENSING SPACE
CAPABILITIES FOR IMAGERY AND GEOSPATIAL
INFORMATION REQUIREMENTS.

(a) In General.--The National Intelligence Director shall
take appropriate actions to ensure, to the maximum extent
practicable, the utilization of United States commercial
remote sensing space capabilities to fulfill the imagery and
geospatial information requirements of the intelligence
community.
(b) Procedures for Utilization.--The National Intelligence
Director may prescribe procedures for the purpose of meeting
the requirement in subsection (a).
(c) Definitions.--In this section, the terms ``imagery''
and ``geospatial information'' have the meanings given such
terms in section 467 of title 10, United States Code.
______

SA 3723. Mrs. HUTCHISON (for herself and Ms. Mikulski) submitted an
amendment intended to be proposed by her to the bill S. 2845, to reform
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other
purposes; which was ordered to lie on the table; as follows:

On page 94, between lines 17 and 18, insert the following:
(4) The Director shall establish a national intelligence
center under this section to be known as the Center for
Alternative Intelligence Analysis. The Center for Alternative
Intelligence Analysis shall have the mission specified in
subsection (e).
On page 97, between lines 4 and 5, insert the following:
(e) Mission of Center for Alternative Intelligence
Analysis.--(1) Notwithstanding subsection (d), the mission of
the Center for Alternative Intelligence Analysis under
subsection (a)(4) shall be to subject each National
Intelligence Estimate (NIE), before the completion of such
estimate, to a thorough examination of all facts and
assumptions utilized in or underlying any analysis,
estimation, plan, evaluation, or recommendation contained in
such estimate.
(2)(A) The Center may also subject each document referred
to in subparagraph (B), before the completion of such
document, to a thorough examination as described in paragraph
(1).
(B) The documents referred to in this subparagraph are as
follows:
(i) A Senior Executive Intelligence Brief (SEIB).
(ii) An Indications and Warning (I&W) report.
(iii) Any other intelligence estimate, brief, survey,
assessment, or report designated by the National Intelligence
Director for purposes of this subsection.
(3)(A) The purpose of an evaluation of an estimate or
document under this subsection shall be to provide an
independent analysis of any underlying facts, assumptions,
and recommendations contained in such estimate or document
and to present alternative conclusions, if any, arising from
such facts or assumptions or with respect to such
recommendations.
(B) In order to meet the purpose set forth in subparagraph
(A), the Center shall, unless otherwise directed by the
President, have access to all analytic products, field
reports, and raw intelligence of any element of the
intelligence community and such other reports and information
as the Director considers appropriate.
(4) The evaluation of an estimate or document under this
subsection shall be known as a ``CAIA analysis'' of such
estimate or document.
(5) The result of each examination of an estimate or
document under this subsection shall be submitted to the
following:
(A) The National Intelligence Director.
(B) The heads of other departments, agencies, and elements
of the intelligence community designated by the President or
the National Intelligence Director for purposes of this
subsection.
(C) The congressional intelligence committees.
(6)(A) An examination under this subsection shall accompany
each National Intelligence Estimate and any other document,
report, assessment, or survey designated by the Director for
purposes of this subsection.
(B) Not later than 180 days after the date of the enactment
of this Act, the Director shall submit to the congressional
intelligence committees a report on the documents, reports,
assessments, and surveys, if any, designated by the Director
under subparagraph (A).
On page 97, line 5, strike ``(e)'' and insert ``(f)''.
On page 97, line 19, strike ``(f)'' and insert ``(g)''.
On page 99, line 21, strike ``(g)'' and insert ``(h)''.
On page 99, line 22, insert ``(other than the Center for
Alternative Intelligence Analysis)'' after ``a national
intelligence center''.
______

SA 3724. Mr. KYL (for himself, Mr. Cornyn, Mr. Chambliss, and Mr.
Nickles) submitted an amendment intended to be proposed by him to the
bill S. 2845, to reform the intelligence community and the intelligence
and intelligence-related activities of the United States Government,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of the bill, add the following:

TITLE IV--TOOLS TO FIGHT TERRORISM ACT OF 2004

SEC. 401. SHORT TITLE.

This title may be cited as the ``Tools to Fight Terrorism
Act of 2004''.

Subtitle A--Anti-Terrorism Investigative Tools Improvement Act

SEC. 411. SHORT TITLE.

This subtitle may be cited as the ``Anti-terrorism
Investigative Tools Improvement Act of 2004''.

SEC. 412. FISA WARRANTS FOR LONE-WOLF TERRORISTS.

Section 101(b)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at
the end the following:
``(C) engages in international terrorism or activities in
preparation therefore; or''.

SEC. 413. ADDING TERRORIST OFFENSES TO STATUTORY PRESUMPTION
OF NO BAIL.

Section 3142 of title 18, United States Code, is amended--
(1) in the flush language at the end of subsection (e) by
inserting before the period at the end the following: ``, or
an offense listed in section 2332b(g)(5)(B) of title 18 of
the United States Code, if the Attorney General certifies
that the offense appears by its nature or context to be
intended to intimidate or coerce a civilian population, to
influence the policy of a government by intimidation or
coercion, or to affect the conduct of a government by mass
destruction, assassination, or kidnaping, or an offense
involved in or related to domestic or international terrorism
as defined in section 2331 of title 18 of the United States
Code''; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting after
``violence'' the following: ``or

[[Page S9841]]

an offense listed in section 2332b(g)(5)(B) of title 18 of
the United States Code, if the Attorney General certifies
that the offense appears by its nature or context to be
intended to intimidate or coerce a civilian population, to
influence the policy of a government by intimidation or
coercion, or to affect the conduct of a government by mass
destruction, assassination, or kidnaping, or an offense
involved in or related to domestic or international terrorism
as defined in section 2331 of title 18 of the United States
Code,''.

SEC. 414. MAKING TERRORISTS ELIGIBLE FOR LIFETIME POST-
RELEASE SUPERVISION.

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

SEC. 415. JUDICIALLY ENFORCEABLE SUBPOENAS IN TERRORISM
INVESTIGATIONS.

(a) In General.--Chapter 113B of title 18, United States
Code, is amended by inserting after section 2332f the
following:

``Sec. 2332g. Judicially enforceable terrorism subpoenas

``(a) Authorization of Use.--
``(1) In general.--In any investigation concerning a
Federal crime of terrorism (as defined under section
2332b(g)(5)), the Attorney General may issue in writing and
cause to be served a subpoena requiring the production of any
records or other materials that the Attorney General finds
relevant to the investigation, or requiring testimony by the
custodian of the materials to be produced concerning the
production and authenticity of those materials.
``(2) Contents.--A subpoena issued under paragraph (1)
shall describe the records or items required to be produced
and prescribe a return date within a reasonable period of
time within which the records or items can be assembled and
made available.
``(3) Attendance of witnesses and production of records.--
``(A) In general.--The attendance of witnesses and the
production of records may be required from any place in any
State, or in any territory or other place subject to the
jurisdiction of the United States at any designated place of
hearing.
``(B) Limitation.--A witness shall not be required to
appear at any hearing more than 500 miles distant from the
place where he was served with a subpoena.
``(C) Reimbursement.--Witnesses summoned under this section
shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States.
``(b) Service.--
``(1) In general.--A subpoena issued under this section may
be served by any person designated in the subpoena as the
agent of service.
``(2) Service of subpoena.--
``(A) Natural person.--Service of a subpoena upon a natural
person may be made by personal delivery of the subpoena to
that person, or by certified mail with return receipt
requested.
``(B) Business entities and associations.--Service of a
subpoena may be made upon a domestic or foreign corporation,
or upon a partnership or other unincorporated association
that is subject to suit under a common name, by delivering
the subpoena to an officer, to a managing or general agent,
or to any other agent authorized by appointment or by law to
receive service of process.
``(C) Proof of service.--The affidavit of the person
serving the subpoena entered by that person on a true copy
thereof shall be sufficient proof of service.
``(c) Enforcement.--
``(1) In general.--In the case of the contumacy by, or
refusal to obey a subpoena issued to, any person, the
Attorney General may invoke the aid of any court of the
United States within the jurisdiction of which the
investigation is carried on, or the subpoenaed person
resides, carries on business, or may be found, to compel
compliance with the subpoena.
``(2) Order.--A court of the United States described under
paragraph (1) may issue an order requiring the subpoenaed
person, in accordance with the subpoena, to produce records
or other materials, or to give testimony concerning the
production and authenticity of those materials. Any failure
to obey the order of the court may be punished by the court
as contempt thereof.
``(3) Service of process.--Any process under this
subsection may be served in any judicial district in which
the person may be found.
``(d)  Nondisclosure Requirement.--
``(1) In general.--Notwithstanding any other provision of
law, if the Attorney General certifies that otherwise there
may result a danger to the national security of the United
States, no person shall disclose to any other person that a
subpoena was received or records were provided pursuant to
this section, other than to--
``(A) those persons to whom such disclosure is necessary in
order to comply with the subpoena;
``(B) an attorney to obtain legal advice with respect to
testimony or the production of records in response to the
subpoena; or
``(C) other persons as permitted by the Attorney General.
``(2) Notice of nondisclosure requirement.--The subpoena,
or an officer, employee, or agency of the United States in
writing, shall notify the person to whom the subpoena is
directed of the nondisclosure requirements under paragraph
(1).
``(3) Further applicability of nondisclosure
requirements.--Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(4) Enforcement of nondisclosure requirement.--Whoever
knowingly violates paragraph (1) or (3) shall be imprisoned
for not more than 1 year, and if the violation is committed
with the intent to obstruct an investigation or judicial
proceeding, shall be imprisoned for not more than 5 years.
``(5) Termination of nondisclosure requirement.--If the
Attorney General concludes that a nondisclosure requirement
no longer is justified by a danger to the national security
of the United States, an officer, employee, or agency of the
United States shall notify the relevant person that the
prohibition of disclosure is no longer applicable.
``(e) Judicial Review.--
``(1) In general.--At any time before the return date
specified in a summons issued under this section, the person
or entity summoned may, in the United States district court
for the district in which that person or entity does business
or resides, petition for an order modifying or setting aside
the summons.
``(2) Modification of nondisclosure requirement.--Any court
described under paragraph (1) may modify or set aside a
nondisclosure requirement imposed under subsection (d) at the
request of a person to whom a subpoena has been directed,
unless there is reason to believe that the nondisclosure
requirement is justified because otherwise there may result a
danger to the national security of the United States.
``(3) Review of government submissions.--In all proceedings
under this subsection, the court shall review the submission
of the Federal Government, which may include classified
information, ex parte and in camera.
``(f) Immunity From Civil Liability.--Any person, including
officers, agents, and employees of a non-natural person, who
in good faith produce the records or items requested in a
subpoena, shall not be liable in any court of any State or
the United States to any customer or other person for such
production, or for nondisclosure of that production to the
customer or other person.
``(g) Reporting Requirement.--The Attorney General shall
submit to the Select Committee on Intelligence of the Senate
and the permanent Select Committee on Intelligence of the
House of Representatives each year a report setting forth
with respect to the 1-year period ending on the date of such
report--
``(1) the aggregate number of subpoenas issued under this
section; and
``(2) the circumstances under which each such subpoena was
issued.
``(h) Guidelines.--The Attorney General shall, by rule,
establish such guidelines as are necessary to ensure the
effective implementation of this section.''.
(b) Amendment to Table of Sections.--The table of sections
of chapter 113B of title 18, United States Code, is amended
by inserting after the item relating to section 2332f the
following:

``2332g. Judicially enforceable terrorism subpoenas.''.

SEC. 416. HOAXES RELATING TO TERRORIST OFFENSES.

(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the
following:

``Sec. 1038. False information and hoaxes

``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct with
intent to convey false or misleading information under
circumstances where such information may reasonably be
believed, and where such information indicates that an
activity has taken, is taking, or will take place that would
constitute an offense listed under section 2332b(g)(5)(B) of
this title--
``(A) be fined under this title or imprisoned not more than
5 years, or both;
``(B) if serious bodily injury (as defined in section 1365
of this title, 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 of
this title) results, be fined under this title or imprisoned
not more than 25 years, or both; and
``(C) if death results, shall be punished by death or
imprisoned for any term of years or for life.
``(2) Armed forces.--Whoever, without lawful authority,
makes a false statement, with intent to convey false or
misleading information, about the death, injury, capture, or
disappearance of a member of the Armed Forces of the United
States during a war or armed conflict in which the United
States is engaged, shall--
``(A) be fined under this title or imprisoned not more than
5 years, or both;
``(B) if serious bodily injury (as defined in section 1365
of this title, 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 of
this title) results, be fined under this title or imprisoned
not more than 25 years, or both; and
``(C) if death results, shall be punished by death or
imprisoned for any term of years or for life.
``(b) Civil Action.--Whoever knowingly engages in any
conduct with intent to convey false or misleading information
under circumstances where such information may reasonably be
believed and where such information indicates that an
activity has taken,

[[Page S9842]]

is taking, or will take place that would constitute a
violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of
this title, section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), or section 46502, the second sentence of
section 46504, section 46505 (b)(3) or (c), section 46506 if
homicide or attempted homicide is involved, or section
60123(b) of title 49 is liable in a civil action to any party
incurring expenses incident to any emergency or investigative
response to that conduct, for those expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant who has been convicted of an offense under
subsection (a), shall order the defendant to reimburse any
party incurring expenses incident to any emergency or
investigative response to that conduct, for those expenses.
``(2) Liability.--A person ordered to make reimbursement
under this subsection shall be jointly and severally liable
for such expenses with each other person, if any, who is
ordered to make reimbursement under this subsection for the
same expenses.
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated
as a civil judgment.
``(d) Activities of Law Enforcement.--This section shall
not prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement
agency of the United States, a State, or political
subdivision of a State, or of an intelligence agency of the
United States.''.
(b) Clerical Amendment.--The table of sections of chapter
47 of title 18, United States Code, is amended by adding
after the item relating to section 1037 the following:

``1038. False information and hoaxes.''.

SEC. 417. INCREASED PENALTIES FOR OBSTRUCTION OF JUSTICE IN
TERRORISM CASES.

(a) Enhanced Penalty.--Sections 1001(a) and 1505 of title
18, United States Code, are amended by striking ``be fined
under this title or imprisoned not more than 5 years, or
both'' and inserting ``be fined under this title, imprisoned
not more than 5 years or, if the matter relates to
international or domestic terrorism (as defined in section
2331), imprisoned not more than 10 years, or both''.
(b) Sentencing Guidelines.--Not later than 30 days after
the date of enactment of this section, the United States
Sentencing Commission shall amend the Sentencing Guidelines
to provide for an increased offense level for an offense
under sections 1001(a) and 1505 of title 18, United States
Code, if the offense involves a matter relating to
international or domestic terrorism, as defined in section
2331 of such title.

SEC. 418. AUTOMATIC PERMISSION FOR EX PARTE REQUESTS FOR
PROTECTION UNDER THE CLASSIFIED INFORMATION
PROCEDURES ACT.

The second sentence of section 4 of the Classified
Information Procedures Act (18 U.S.C. App. 3) is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``a written statement to be inspected'' and
inserting ``a statement to be considered''.

SEC. 419. USE OF FISA INFORMATION IN IMMIGRATION PROCEEDINGS.

The following provisions of the Foreign Intelligence
Surveillance Act of 1978 are each amended by inserting
``(other than in proceedings or other civil matters under the
immigration laws (as that term is defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)))'' after ``authority of the United States'':
(1) Subsections (c), (e), and (f) of section 106 (50 U.S.C.
1806).
(2) Subsections (d), (f), and (g) of section 305 (50 U.S.C.
1825).
(3) Subsections (c), (e), and (f) of section 405 (50 U.S.C.
1845).

SEC. 420. EXPANDED DEATH PENALTY FOR TERRORIST MURDERS.

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

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

``(a) Penalty.--A person who, in the course of committing a
terrorist offense, engages in conduct that results in the
death of a person, shall be punished by death, or imprisoned
for any term of years or for life.
``(b) Terrorist Offense Defined.--In this section, the term
`terrorist offense' means--
``(1) international or domestic terrorism as defined in
section 2331;
``(2) a Federal crime of terrorism as defined in section
2332b(g);
``(3) an offense under--
``(A) this chapter;
``(B) section 175, 175b, 229, or 831; or
``(C) section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
``(4) an attempt or conspiracy to commit an offense
described in paragraph (1), (2), or (3).''.
(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:

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

(c) Aggravating Factors.--
(1) In general.--Section 3591(a)(1) of title 18, United
States Code, is amended by striking ``or section 2381'' and
inserting ``, 2339D, or 2381''.
(2) Conforming amendment.--Section 3592(b) of title 18,
United States Code, is amended--
(A) in the section heading, by striking ``and treason'' and
inserting ``, treason, and terrorism''; and
(B) in paragraph (1)--
(i) in the section heading, by striking ``or treason'' and
inserting ``, treason, or terrorism''; and
(ii) by striking ``or treason'' and inserting ``, treason,
or terrorism''.
(d) Death Penalty in Certain Air Piracy Cases.--Section
60003(b) of the Violent Crime Control and Law Enforcement Act
of 1994, (Public Law 103-322), is amended, as of the time of
its enactment, by adding at the end the following:
``(2) Death penalty procedures for certain previous
aircraft piracy violations.--An individual convicted of
violating section 46502 of title 49, United States Code, or
its predecessor, may be sentenced to death in accordance with
the procedures established in chapter 228 of title 18, United
States Code, if for any offense committed before the
enactment of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), but after the enactment of
the Antihijacking Act of 1974 (Public Law 93-366), it is
determined by the finder of fact, before consideration of the
factors set forth in sections 3591(a)(2) and 3592(a) and (c)
of title 18, United States Code, that one or more of the
factors set forth in former section 46503(c)(2) of title 49,
United States Code, or its predecessor, has been proven by
the Government to exist, beyond a reasonable doubt, and that
none of the factors set forth in former section 46503(c)(1)
of title 49, United States Code, or its predecessor, has been
proven by the defendant to exist, by a preponderance of the
information. The meaning of the term `especially heinous,
cruel, or depraved', as used in the factor set forth in
former section 46503(c)(2)(B)(iv) of title 49, United States
Code, or its predecessor, shall be narrowed by adding the
limiting language `in that it involved torture or serious
physical abuse to the victim', and shall be construed as when
that term is used in section 3592(c)(6) of title 18, United
States Code.''.

SEC. 421. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

(a) In General.--Chapter 113B of title 18, United States
Code, as amended by this Act, is further 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,
`Federal benefit' has the meaning given that 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.''.

SEC. 422. 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. 423. AUTHORIZATION TO SHARE NATIONAL-SECURITY AND GRAND-
JURY 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

[[Page S9843]]

(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) Rule Amendments.--Rule 6(e) of the Federal Rules of
Criminal Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking ``or state
subdivision or of an Indian tribe'' and inserting ``, state
subdivision, Indian tribe, or foreign government'';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the following:
``An attorney for the government may also disclose any grand-
jury matter involving a threat of actual or potential attack
or other grave hostile acts of a foreign power or an agent of
a foreign power, domestic or international sabotage, domestic
or international terrorism, or clandestine intelligence
gathering activities by an intelligence service or network of
a foreign power or by an agent of a foreign power, within the
United States or elsewhere, to any appropriate Federal,
State, state subdivision, Indian tribal, or foreign
government official for the purpose of preventing or
responding to such a threat.''; and
(ii) in clause (i)--

(I) by striking ``federal''; and
(II) by adding at the end the following: ``Any State, state
subdivision, Indian tribal, or foreign government official
who receives information under Rule 6(e)(3)(D) may use the
information only consistent with such guidelines as the
Attorney General and Director of Central Intelligence shall
jointly issue.''; and

(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively;
(ii) by inserting after clause (ii) the following:
``(iii) at the request of the government, when sought by a
foreign court or prosecutor for use in an official criminal
investigation;''; and
(iii) in clause (iv), as redesignated--

(I) by striking ``state or Indian tribal'' and inserting
``State, Indian tribal, or foreign''; and
(II) by striking ``or Indian tribal official'' and
inserting ``Indian tribal, or foreign government official'';
and

(2) in paragraph (7), by inserting ``, or of guidelines
jointly issued by the Attorney General and Director of
Central Intelligence pursuant to Rule 6,'' after ``Rule 6''.
(c) 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)''.

SEC. 424. PROVIDING MATERIAL SUPPORT TO TERRORISM.

(a) In General.--Section 2339A(a) of title 18, United
States Code, is amended--
(1) by striking ``Whoever'' and inserting the following:
``(1) In general.--Any person who'';
(2) by striking ``A violation'' and inserting the
following:
``(3) Prosecution.--A violation'';
(3) by inserting after paragraph (1) the following:
``(2) Additional offense.--
``(A) In general.--Any person who provides material support
or resources or conceals or disguises the nature, location,
source, or ownership of material support or resources,
knowing or intending that they are to be used in preparation
for, or in carrying out, an act of international or domestic
terrorism, or in the preparation for, or in carrying out, the
concealment or escape from the commission of any such act, or
attempts or conspires to do so, shall be punished as provided
under paragraph (1) for an offense under that paragraph.
``(B) Jurisdiction.--There is Federal jurisdiction over an
offense under this paragraph if--
``(i) the offense occurs in or affects interstate or
foreign commerce;
``(ii) the act of terrorism is an act of international or
domestic terrorism that violates the criminal law of the
United States;
``(iii) the act of terrorism is an act of domestic
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States or a foreign government;
``(iv) the act of terrorism is an act of international
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States or a foreign government, and an offender,
acting within the United States or outside the territorial
jurisdiction of the United States, is--

``(I) a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(II) an alien lawfully admitted for permanent residence
in the United States (as defined in section 101(a)(20) of
such Act); or
``(III) a stateless person whose habitual residence is in
the United States;

``(v) the act of terrorism is an act of international
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States or a foreign government, and an offender,
acting within the United States, is an alien;
``(vi) the act of terrorism is an act of international
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States, and an offender, acting outside the
territorial jurisdiction of the United States, is an alien;
or
``(vii) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under this paragraph or conspires with any person
over whom jurisdiction exists under this paragraph to commit
an offense under this paragraph.''; and
(4) by inserting ``act or'' after ``underlying''.
(b) Definitions.--Section 2339A(b) of title 18, United
States Code, is amended to read as follows--
``(b) Definitions.--As used in this section--
``(1) the term `material support or resources' means any
property (tangible or intangible) or service, including
currency or monetary instruments or financial securities,
financial services, lodging, training, expert advice or
assistance, safehouses, false documentation or
identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel (1 or more
individuals who may be or include oneself), and
transportation, except medicine or religious materials;
``(2) the term `training' means instruction or teaching
designed to impart a specific skill, rather than general
knowledge; and
``(3) the term `expert advice or assistance' means advice
or assistance derived from scientific, technical, or other
specialized knowledge.''.
(c) Material Support to Foreign Terrorist Organization.--
Section 2339B(a)(1) of title 18, United States Code, is
amended--
(1) by striking ``Whoever, within the United States or
subject to the jurisdiction of the United States,'' and
inserting the following:
``(A) In general.--Any person who''; and
(2) by adding at the end the following:
``(B) Knowledge requirement.--A person cannot violate this
paragraph unless the person has knowledge that the
organization referred to in subparagraph (A)--
``(i) is a terrorist organization;
``(ii) has engaged or engages in terrorist activity (as
defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)); or
``(iii) has engaged or engages in terrorism (as defined in
section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)).''.
(d) Jurisdiction.--Section 2339B(d) of title 18, United
States Code, is amended to read as follows:
``(d) Jurisdiction.--
``(1) In general.--There is jurisdiction over an offense
under subsection (a) if--
``(A) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act);
``(B) an offender is a stateless person whose habitual
residence is in the United States;
``(C) an offender is brought in or found in the United
States after the conduct required for the offense occurs,
even if such conduct occurs outside the United States;
``(D) the offense occurs in whole or in part within the
United States;
``(E) the offense occurs in or affects interstate or
foreign commerce; or
``(F) an offender aids or abets any person, over whom
jurisdiction exists under this paragraph, in committing an
offense under subsection (a) or conspires with any person,
over whom jurisdiction exists under this paragraph, to commit
an offense under subsection (a).
``(2) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.''.
(e) Provision of Personnel.--Section 2339B of title 18,
United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by adding after subsection (f) the following:
``(g) Provision of Personnel.--No person may be prosecuted
under this section in connection with the term `personnel'
unless that

[[Page S9844]]

person has knowingly provided, attempted to provide, or
conspired to provide a foreign terrorist organization with 1
or more individuals (who may be or include that person) to
work under that terrorist organization's direction or control
or to organize, manage, supervise, or otherwise direct the
operation of that organization. Any person who acts entirely
independently of the foreign terrorist organization to
advance its goals or objectives shall not be considered to be
working under the foreign terrorist organization's direction
or control.''.

SEC. 425. RECEIVING MILITARY TYPE TRAINING FROM A FOREIGN
TERRORIST ORGANIZATION.

(a) Prohibition as to Citizens and Residents.--
(1) In general.--Chapter 113B of title 18, United States
Code, is amended by adding after section 2339E the following:

``Sec. 2339F. Receiving military-type training from a foreign
terrorist organization

``(a) Offense.--
``(1) In general.--Whoever knowingly receives military-type
training from or on behalf of any organization designated at
the time of the training by the Secretary of State under
section 219(a)(1) of the Immigration and Nationality Act (8
U.S.C. 1189(a)(1)) as a foreign terrorist organization, shall
be fined under this title, imprisoned for ten years, or both.
``(2) Knowledge requirement.--To violate paragraph (1), a
person must have knowledge that the organization is a
designated terrorist organization (as defined in subsection
(c)(4)), that the organization has engaged or engages in
terrorist activity (as defined in section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), or
that the organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)).
``(b) Jurisdiction.--
``(1) In general.--There is jurisdiction over an offense
under subsection (a) if--
``(A) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)), or an alien lawfully admitted for
permanent residence in the United States (as defined in
section 101(a)(20) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(20));
``(B) an offender is a stateless person whose habitual
residence is in the United States;
``(C) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States;
``(D) the offense occurs in whole or in part within the
United States;
``(E) the offense occurs in or affects interstate or
foreign commerce; and
``(F) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a), or conspires with any person
over whom jurisdiction exists under this paragraph to commit
an offense under subsection (a).
``(2) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(c) Definitions.--In this section:
``(1) Military-type training.--The term `military-type
training' means training in means or methods that can cause
death or serious bodily injury, destroy or damage property,
or disrupt services to critical infrastructure, or training
on the use, storage, production, or assembly of any
explosive, firearm or other weapon, including any weapon of
mass destruction (as defined in section 2232a(c)(2)).
``(2) Serious bodily injury.--The term `serious bodily
injury' has the meaning given that term in section
1365(h)(3).
``(3) Critical infrastructure.--The term `critical
infrastructure' means systems and assets vital to national
defense, national security, economic security, public health,
or safety, including both regional and national
infrastructure. Critical infrastructure may be publicly or
privately owned. Examples of critical infrastructure include
gas and oil production, storage, or delivery systems, water
supply systems, telecommunications networks, electrical power
generation or delivery systems, financing and banking
systems, emergency services (including medical, police, fire,
and rescue services), and transportation systems and services
(including highways, mass transit, airlines, and airports).
``(4) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
terrorist organization under section 219 (a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(1)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, is
amended by adding at the end the following:

``2339F. Receiving military-type training from a foreign terrorist
organization.''.

(b) Inadmissibility of Aliens Who Have Received Military-
Type Training From Terrorist Organizations.--Section
212(a)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) by striking ``is inadmissable. An alien who is an
officer, official, representative, or spokesman of the
Palestine Liberation Organization is considered, for purposes
of this chapter, to be engaged in a terrorist activity.'';
and
(2) by inserting after subclause (VII) the following:

``(VIII) has received military-type training (as defined in
section 2339D(c)(1) of title 18, United States Code) from or
on behalf of any organization that, at the time the training
was received, was a terrorist organization under section
212(a)(3)(B)(vi),

is inadmissible. An alien who is an officer, official,
representative, or spokesman of the Palestine Liberation
Organization is considered, for purposes of this chapter, to
be engaged in a terrorist activity.''.
(c) Inadmissibility of Representatives and Members of
Terrorist Organizations.--Section 212(a)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i))
is amended--
(1) in subclause (IV), by striking item (aa) and inserting
the following:
``(aa) a terrorist organization as defined under section
212(a)(3)(B)(vi), or''; and
(2) by striking subclause (V) and inserting the following:

``(V) is a member of--

``(aa) a terrorist organization as defined under section
212(a)(3)(B)(vi); or
``(bb) an organization which the alien knows or should have
known is a terrorist organization,''.
(d) Deportation of Aliens Who Have Received Military-Type
Training From Terrorist Organizations.--Section 237(a)(4) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is
amended by adding at the end the following:
``(E) Recipient of military-type training.--Any alien who
has received military-type training (as defined in section
2339D(c)(1) of title 18, United States Code) from or on
behalf of any organization that, at the time the training was
received, was a terrorist organization under section
212(a)(3)(B)(vi), is deportable.''.
(e) Retroactive Application.--The amendments made by
subsections (b), (c), and (d) shall apply to the receipt of
military training occuring before, on, or after the date of
enactment of this Act.

SEC. 426. WEAPONS OF MASS DESTRUCTION.

(a) Expansion of Jurisdictional Bases and Scope.--Section
2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2)(A) against any person or property within the United
States; and
``(B)(i) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
``(ii) such property is used in interstate or foreign
commerce or in an activity that affects interstate or foreign
commerce;
``(iii) any perpetrator travels in or causes another to
travel in interstate or foreign commerce in furtherance of
the offense; or
``(iv) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce;'';
(B) in paragraph (3), by striking the comma at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) against any property within the United States that is
owned, leased, or used by a foreign government,''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `property' includes all real and personal
property.''.
(b) Restoration of the Coverage of Chemical Weapons.--
(1) In general.--Section 2332a of title 18, United States
Code, as amended by this Act, is further amended by--
(A) in the section heading, by striking ``certain'';
(B) in subsection (a), by striking ``(other than a chemical
weapon as that term is defined in section 229F)''; and
(C) in subsection (b), by striking ``(other than a chemical
weapon (as that term is defined in section 229F))''.
(2) Technical and conforming amendment.--The table of
sections for chapter 113B of title 18, United States Code, is
amended in the matter relating to section 2332a by striking
``certain''.
(c) Expansion of Categories of Restricted Persons Subject
to Prohibitions Relating to Select Agents.--Section
175b(d)(2) of title 18, United States Code, is amended--
(1) in subparagraph (G)--
(A) by inserting ``(i)'' after ``(G)'';
(B) by striking ``or'' after the semicolon; and
(C) by adding at the end the following:
``(ii) acts for or on behalf of, or operates subject to the
direction or control of, a government or official of a
country described in this subparagraph;''; and
(2) in subparagraph (H), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(I) is a member of, acts for or on behalf of, or operates
subject to the direction or control of, a terrorist
organization (as that term is defined under section
212(a)(3)B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi))).''.
(d) Conforming Amendment to Regulations.--

[[Page S9845]]

(1) In general.--Section 175b(a)(1) of title 18, United
States Code, is amended by striking ``as a select agent in
Appendix A'' and all that follows through the period and
inserting ``as a non-overlap or overlap select biological
agent or toxin in sections 73.4 and 73.5 of title 42, Code of
Federal Regulations, pursuant to section 351A of the Public
Health Service Act, and is not excluded under sections 73.4
and 73.5 or exempted under section 73.6 of title 42, Code of
Federal Regulations.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that sections 73.4, 73.5, and
73.6 of title 42, Code of Federal Regulations, become
effective.

SEC. 427. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS
DESTRUCTION THREATS TO THE UNITED STATES.

(a) Atomic Energy Act.--Section 57(b) of the Atomic Energy
Act of 1954 (42 U.S.C. 2077(b)) is amended by striking ``in
the production of any special nuclear material'' and
inserting ``or participate in the development or production
of any special nuclear material or atomic weapon''.
(b) Nuclear Weapon and WMD Threats.--
(1) In general.--Chapter 39 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 838. Participation in nuclear and weapons of mass
destruction threats to the United States

``(a) In General.--Whoever, within the United States, or
subject to the jurisdiction of the United States, willfully
participates in or provides material support or resources (as
that term is defined under section 2339A) to a nuclear
weapons program, or other weapons of mass destruction program
of a foreign terrorist power, or attempts or conspires to do
so, shall be imprisoned for not more than 20 years.
``(b) Jurisdiction.--There is extraterritorial Federal
jurisdiction over an offense under this section.
``(c) Definitions.--As used in this section--
``(1) Foreign terrorist power.--The term `foreign terrorist
power' means a terrorist organization designated under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189), or a state sponsor of terrorism designated under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405), or section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371).
``(2) Nuclear weapon.--The term `nuclear weapon' means any
weapon that contains or uses nuclear material (as that term
is defined under section 831(f)(1)).
``(3) Nuclear weapons program.--The term `nuclear weapons
program' means a program or plan for the development,
acquisition, or production of any nuclear weapon or weapons.
``(4) Weapons of mass destruction program.--The term
`weapons of mass destruction program' means a program or plan
for the development, acquisition, or production of any weapon
or weapons of mass destruction (as that term is defined in
section 2332a(c)).''.
(2) Technical and conforming amendment.--The table of
sections for chapter 39 of title 18, United States Code, is
amended by adding at the end the following:

``Sec. 838. Participation in nuclear and weapons of mass destruction
threats to the United States.''.

(c) Act of Terrorism Transcending National Boundaries.--
Section 2332b(g)(5)(B)(i) of title 18, United States Code, is
amended by inserting ``832 (relating to participation in
nuclear and weapons of mass destruction threats to the United
States)'' after ``nuclear materials),''.

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

SEC. 431. SHORT TITLE.

This subtitle may be cited as the ``Prevention of Terrorist
Access to Special Weapons Act of 2004''.

SEC. 432. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.

(a) In General.--Chapter 113B of title 18, United States
Code, is amended by adding after section 2332g, as added by
this Act, the following:

``Sec. 2332h. Missile systems designed to destroy aircraft

``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (3), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or
indirectly, receive, possess, import, export, or use, or
possess and threaten to use--
``(A) an explosive or incendiary rocket or missile that is
guided by any system designed to enable the rocket or missile
to--
``(i) seek or proceed toward energy radiated or reflected
from an aircraft or toward an image locating an aircraft; or
``(ii) otherwise direct or guide the rocket or missile to
an aircraft;
``(B) any device designed or intended to launch or guide a
rocket or missile described in subparagraph (A); or
``(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a rocket,
missile, or device described in subparagraph (A) or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply to any
device that is neither designed nor redesigned for use as a
weapon.
``(3) Excluded conduct.--This subsection does not apply
with respect to--
``(A) conduct by or under the authority of the United
States or any department or agency thereof or of a State or
any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract with the
United States or any department or agency thereof or with a
State or any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United
States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the
property is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of
imprisonment not less than 30 years or to imprisonment for
life.
``(2) Life imprisonment.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from
a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by death or
imprisoned for life.
``(d) Definition.--As used in this section, the term
`aircraft' has the definition set forth in section
40102(a)(6) of title 49, United States Code.''.
(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:

``2332h. Missile systems designed to destroy aircraft.''.

SEC. 433. ATOMIC WEAPONS.

(a) Prohibitions.--Section 92 of the Atomic Energy Act of
1954 (42 U.S.C. 2122) is amended by--
(1) inserting at the beginning ``a.'' before ``It'';
(2) inserting ``knowingly'' after ``for any person to'';
(3) striking ``or'' before ``export'';
(4) striking ``transfer or receive in interstate or foreign
commerce,'' before ``manufacture'';
(5) inserting ``receive,'' after ``acquire,'';
(6) inserting ``, or use, or possess and threaten to use,''
before ``any atomic weapon'';
(7) inserting at the end the following:
``b. Conduct prohibited by subsection a. is within the
jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce; the offense occurs outside of the United
States and is committed by a national of the United States;
``(2) the offense is committed against a national of the
United States while the national is outside the United
States;
``(3) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the
property is within or outside the United States; or
``(4) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.''.
(b) Violations.--Section 222 of the Atomic Energy Act of
1954 (42 U.S.C. 2272) is amended by--
(1) inserting at the beginning ``a.'' before ``Whoever'';
(2) striking ``, 92,''; and
(3) inserting at the end the following:
``b. Any person who violates, or attempts or conspires to
violate, section 92 shall be fined not more than $2,000,000
and sentenced to a term of imprisonment not less than 30
years or to imprisonment for life. Any person who, in the
course of a violation of section 92, uses, attempts or
conspires to use, or possesses and threatens to use, any
atomic weapon shall be fined not more than $2,000,000 and
imprisoned for life. If the death of another results from a
person's violation of section 92, the person shall be fined
not more than $2,000,000 and punished by death or imprisoned
for life.''.

SEC. 434. RADIOLOGICAL DISPERSAL DEVICES.

(a) In General.--Chapter 113B of title 18, United States
Code, is amended by adding after section 2332h, as added by
this Act, the following:

``Sec. 2332i. Radiological dispersal devices

``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any

[[Page S9846]]

person to knowingly produce, construct, otherwise acquire,
transfer directly or indirectly, receive, possess, import,
export, or use, or possess and threaten to use--
``(A) any weapon that is designed or intended to release
radiation or radioactivity at a level dangerous to human
life; or
``(B) any device or other object that is capable of and
designed or intended to endanger human life through the
release of radiation or radioactivity.
``(2) Exception.--This subsection does not apply with
respect to--
``(A) conduct by or under the authority of the United
States or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract with the
United States or any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United
States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the
property is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of
imprisonment not less than 30 years or to imprisonment for
life.
``(2) Life imprisonment.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from
a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by death or
imprisoned for life.''.
(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:

``2332i. Radiological dispersal devices.''.

SEC. 435. VARIOLA VIRUS.

(a) In General.--Chapter 10 of title 18, United States
Code, is amended by inserting after section 175b the
following:

``Sec. 175c. Variola virus

``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce,
engineer, synthesize, acquire, transfer directly or
indirectly, receive, possess, import, export, or use, or
possess and threaten to use, variola virus.
``(2) Exception.--This subsection does not apply to conduct
by, or under the authority of, the Secretary of Health and
Human Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United
States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the
property is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of
imprisonment not less than 30 years or to imprisonment for
life.
``(2) Life imprisonment.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from
a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by death or
imprisoned for life.
``(d) Definition.--As used in this section, the term
`variola virus' means a virus that can cause human smallpox
or any derivative of the variola major virus that contains
more than 85 percent of the gene sequence of the variola
major virus or the variola minor virus.''.
(b) Chapter Analysis.--The table of sections of chapter 10
of title 18, United States Code, is amended by inserting at
the end the following:

``175c. Variola virus.''.

SEC. 436. INTERCEPTION OF COMMUNICATIONS.

Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (a), by inserting ``2122 and'' after
``sections'';
(2) in paragraph (c), by inserting ``section 175c (relating
to variola virus),'' after ``section 175 (relating to
biological weapons),'';
(3) in paragraph (q), by inserting ``2332h, 2332i,'' after
``2332f,''; and
(4) in paragraph (q), by striking ``or 2339C'' and
inserting ``2339C, or 2339E''.

SEC. 437. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18,
UNITED STATES CODE.

Section 2332b(g)(5)(B) of title 18, United States Code, is
amended--
(1) in clause (i)--
(A) by inserting before ``2339 (relating to harboring
terrorists)'' the following: ``2332h (relating to missile
systems designed to destroy aircraft), 2332i (relating to
radiological dispersal devices),'';
(B) by inserting ``175c (relating to variola virus),''
after ``175 or 175b (relating to biological weapons),''; and
(C) by inserting ``2339E (receiving military-type training
from a foreign terrorist organization),'' after ``2339C
(relating to financing of terrorism),''; and
(2) in clause (ii)--
(A) by striking ``section'' and inserting ``sections 92
(relating to prohibitions governing atomic weapons) or''; and
(B) by inserting ``2122 or'' before ``2284''.

SEC. 438. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18,
UNITED STATES CODE.

Section 1956(c)(7)(D), title 18, United States Code, is
amended--
(1) by inserting after ``section 152 (relating to
concealment of assets; false oaths and claims; bribery),''
the following: ``section 175c (relating to the variola
virus),'';
(2) by inserting after ``section 2332(b) (relating to
international terrorist acts transcending national
boundaries),'' the following: ``section 2332h (relating to
missile systems designed to destroy aircraft), section 2332i
(relating to radiological dispersal devices),''; and
(3) striking ``or'' after ``any felony violation of the
Foreign Agents Registration Act of 1938,'' and after ``any
felony violation of the Foreign Corrupt Practices Act'',
striking ``;'' and inserting ``, or section 92 of the Atomic
Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions
governing atomic weapons)''.

SEC. 439. EXPORT LICENSING PROCESS.

Section 38(g)(1)(A) of the Arms Export Control Act (22
U.S.C. 2778) is amended--
(1) by striking ``or'' before ``(xi)''; and
(2) by inserting after clause (xi) the following: ``or
(xii) section 3, 4, 5, and 6 of the Prevention of Terrorist
Access to Destructive Weapons Act of 2004, relating to
missile systems designed to destroy aircraft (18 U.S.C.
2332g), prohibitions governing atomic weapons (42 U.S.C.
2122), radiological dispersal devices (18 U.S.C. 2332h), and
variola virus (18 U.S.C. 175b);''.

Subtitle C--Railroad Carriers and Mass Transportation Protection Act

SEC. 441. SHORT TITLE.

This subtitle may be cited as the ``Railroad Carriers and
Mass Transportation Protection Act of 2004''.

SEC. 442. 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

[[Page S9847]]

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 or 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 or imprisoned for any term of
years or life, or both. In the case of a violation described
in paragraph (2), the term of imprisonment shall be not less
than 30 years; and, 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) Crimes Against Public Safety Officer.--Whoever
commits an offense under subsection (a) that results in death
or serious bodily injury to a public safety officer while the
public safety officer was engaged in the performance of
official duties, or on account of the public safety officer's
performance of official duties, shall be imprisoned for a
term of not less than 20 years and, if death results, shall
be imprisoned for life and be subject to the death penalty.
``(d) Circumstances Required for Offense.--A circumstance
referred to in subsection (a) is any of the following:
``(1) Any of the conduct required for the offense is, or,
in the case of an attempt, threat, or conspiracy to engage in
conduct, the conduct required for the completed offense would
be, engaged in, on, against, or affecting a mass
transportation provider, owner of a passenger vessel, or
railroad carrier engaged in or affecting interstate or
foreign commerce.
``(2) Any person travels or communicates across a State
line in order to commit the offense, or transports materials
across a State line in aid of the commission of the offense.
``(e) 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.
``(f) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to
that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device,
instrument, material, or substance, animate or inanimate,
that is used for, or is readily capable of, causing death or
serious bodily injury, including a pocket knife with a blade
of less than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given
to that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive
substance, flammable material, infernal machine, or other
chemical, mechanical, or radioactive device or material, or
matter of a combustible, contaminative, corrosive, or
explosive nature, except that the term `radioactive device'
does not include any radioactive device or material used
solely for medical, industrial, research, or other peaceful
purposes;
``(5) the term `hazardous material' has the meaning given
to that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the
meaning given to that term in section 2(12) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given
to that term in section 5302(a)(7) of title 49, except that
the term includes school bus, charter, and sightseeing
transportation;
``(8) the term `on-track equipment' means a carriage or
other contrivance that runs on rails or electromagnetic
guideways;
``(9) the term `public safety officer' has the meaning
given such term in section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b);
``(10) 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;
``(11) the term `railroad' has the meaning given to that
term in chapter 201 of title 49;
``(12) the term `railroad carrier' has the meaning given to
that term in chapter 201 of title 49;
``(13) the term `serious bodily injury' has the meaning
given to that term in section 1365;
``(14) the term `spent nuclear fuel' has the meaning given
to that term in section 2(23) of the Nuclear Waste Policy Act
of 1982 (42 U.S.C. 10101(23));
``(15) the term `State' has the meaning given to that term
in section 2266;
``(16) the term `toxin' has the meaning given to that term
in section 178(2);
``(17) 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
``(18) the term `passenger vessel' has the meaning given
that term in section 2101(22) of title 46, United States
Code, and includes a small passenger vessel, as that term is
defined under section 2101(35) of that title.''.
(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
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 land, on
water, or through the air...................................1991''.

(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),''.

Subtitle D--Reducing Crime and Terrorism at America's Seaports Act

SEC. 451. SHORT TITLE.

This subtitle may be cited as the ``Reducing Crime and
Terrorism at America's Seaports Act of 2004''.

[[Page S9848]]

SEC. 452. 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. 453. 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. 454. 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. 455. 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

[[Page S9849]]

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. 456. 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.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``2293. Bar to prosecution.

``Sec. 2290. 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. 2291. 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 or 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. 2292. Imparting or conveying false information

``(a) In General.--Whoever imparts or conveys or causes to
be imparted or conveyed false information, knowing the
information to be false, concerning an attempt or alleged
attempt being made or to be made, to do any act which would
be a crime prohibited by this chapter or by chapter 111 of
this title, shall be subject to a civil penalty of not more
than $5,000, which shall be recoverable in a civil action
brought in the name of the United States.
``(b) Malicious Conduct.--Whoever 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 2290(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. 2293. 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 maritime
facilities..................................................2290''.

[[Page S9850]]

SEC. 457. 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 transhipment
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, as amended by this Act.
(d) Annual Report of Law Enforcement Activities.--The
Attorney General shall annually submit to Congress a report,
which shall include an evaluation of law enforcement
activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code,
as amended by this Act.
(e) Reporting of Cargo Theft.--The Attorney General shall
take the steps necessary to ensure that reports of cargo
theft collected by Federal, State, and local officials are
reflected as a separate category in the Uniform Crime
Reporting System, or any successor system, by no later than
December 31, 2005.

SEC. 458. 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'' in each place it occurs and inserting
``$10,000''.

SEC. 459. STOWAWAYS ON VESSELS OR AIRCRAFT.

Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not
more than one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person
other than a participant as a result of a violation of this
section, shall be fined under this title, 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. 460. BRIBERY AFFECTING PORT SECURITY.

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

``Sec. 226. Bribery affecting port security

``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or
promises anything of value to any public or private person,
with intent--
``(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.''.

Subtitle E--Combating Money Laundering and Terrorist Financing Act

SEC. 471. SHORT TITLE.

This subtitle may be cited as the ``Combating Money
Laundering and Terrorist Financing Act of 2004''.

SEC. 472. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.

(a) RICO Definitions.--Section 1961(1) of title 18, United
States Code, is amended--
(1) in subparagraph (A), by inserting ``burglary,
embezzlement,'' after ``robbery,'';
(2) in subparagraph (B), by--
(A) inserting ``section 1960 (relating to illegal money
transmitters),'' before ``sections 2251'';
(B) striking ``1591'' and inserting ``1592'';
(C) inserting ``and 1470'' after ``1461-1465''; and
(D) inserting ``2252A,'' after ``2252,'';
(3) in subparagraph (D), by striking ``fraud in the sale of
securities'' and inserting ``fraud in the purchase or sale of
securities''; and
(4) in subparagraph (F), by inserting ``and 274A'' after
``274''.
(b) Monetary Investments.--Section 1956(c)(7)(D) of title
18, United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing
of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign
Corrupt Practices Act'' and inserting ``any felony violation
of the Foreign Corrupt Practices Act, or any violation of
section 208 of the Social Security Act (42 U.S.C. 408)
(relating to obtaining funds through misuse of a social
security number)''.
(c) Conforming Amendments.--
(1) Monetary instruments.--Section 1956(e) of title 18,
United States Code, is amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct,
as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, with respect to
the offenses over which the Social Security Administration
has jurisdiction, as the Commissioner of Social Security may
direct, and with respect to offenses over which the United
States Postal Service has jurisdiction, as the Postmaster
General may direct. The authority under this subsection of
the Secretary of the Treasury, the Secretary of Homeland
Security, the Commissioner of Social Security, and the
Postmaster General shall be exercised in accordance with an
agreement which shall be entered into by the Secretary of the
Treasury, the Secretary of Homeland Security, the
Commissioner of Social Security, the Postmaster General, and
the Attorney General. Violations of this section involving
offenses described in subsection (c)(7)(E) may be
investigated by such components of the Department of Justice
as the Attorney General may direct, and the National
Enforcement Investigations Center of the Environmental
Protection Agency.''.
(2) Property from unlawful activity.--Section 1957(e) of
title 18, United States Code, is amended to read as follows:
``(e) Violations of this section may be investigated by
such components of the Department of Justice as the Attorney
General may direct, and by such components of the Department
of the Treasury as the Secretary of the Treasury may direct,
as appropriate, and, with respect to offenses over which the
Department of Homeland Security has jurisdiction, by such
components of the Department of Homeland Security as the
Secretary of Homeland Security may direct, and, with respect
to offenses over which the United States Postal Service has
jurisdiction, by the Postmaster General. The authority under
this subsection of the Secretary of the Treasury, the
Secretary of Homeland Security, and the Postmaster General
shall be exercised in accordance with an agreement which
shall be entered into by the Secretary of the Treasury, the
Secretary of Homeland Security, the Postmaster General, and
the Attorney General.''.

SEC. 473. ILLEGAL MONEY TRANSMITTING BUSINESSES.

(a) Technical Amendments.--Section 1960 of title 18, United
States Code, is amended--

[[Page S9851]]

(1) in the caption by striking ``unlicensed'' and inserting
``illegal'';
(2) in subsection (a), by striking ``unlicensed'' and
inserting ``illegal'';
(3) in subsection (b)(1), by striking ``unlicensed'' and
inserting ``illegal''; and
(4) in subsection (b)(1)(C), by striking ``to be used to be
used'' and inserting ``to be used''.
(b) Prohibition of Unlicensed Money Transmitting
Businesses.--Section 1960(b)(1)(B) of title 18, United States
Code, is amended by inserting the following before the
semicolon: ``, whether or not the defendant knew that the
operation was required to comply with such registration
requirements''.
(c) Authority To Investigate.--Section 1960 of title 18,
United States Code, is amended by adding at the end the
following:
``(c) Violations of this section may be investigated by the
Attorney General, the Secretary of the Treasury, and the
Secretary of the Department of Homeland Security.''.

SEC. 474. ASSETS OF PERSONS COMMITTING TERRORIST ACTS AGAINST
FOREIGN COUNTRIES OR INTERNATIONAL
ORGANIZATIONS.

Section 981(a)(1)(G) of title 18, United States Code, is
amended by--
(1) striking ``or'' at the end of clause (ii);
(2) striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) inserting after clause (iii) the following:
``(iv) of any individual, entity, or organization engaged
in planning or perpetrating any act of international
terrorism (as defined in section 2331) against any
international organization (as defined in section 209 of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
4309(b))) or against any foreign government. Where the
property sought for forfeiture is located beyond the
territorial boundaries of the United States, an act in
furtherance of such planning or perpetration must have
occurred within the jurisdiction of the United States.''.

SEC. 475. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER
SYSTEMS.

Section 1956(a) of title 18, United States Code, is amended
by adding at the end the following:
``(4) A transaction described in paragraph (1), or a
transportation, transmission, or transfer described in
paragraph (2) shall be deemed to involve the proceeds of
specified unlawful activity, if the transaction,
transportation, transmission, or transfer is part of a single
plan or arrangement whose purpose is described in either of
those paragraphs and one part of such plan or arrangement
actually involves the proceeds of specified unlawful
activity.''.

SEC. 476. FINANCING OF TERRORISM.

(a) Concealment.--Section 2339C(c)(2) of title 18, United
States Code, is amended to read as follows:
``(2) knowingly conceals or disguises the nature, location,
source, ownership, or control of any material support, or
resources, or any funds or proceeds of such funds--
``(A) knowing or intending that the support or resources
are to be provided, or knowing that the support or resources
were provided, in violation of section 2339B; or
``(B) knowing or intending that any such funds are to be
provided or collected, or knowing that the funds were
provided or collected, in violation of subsection (a),
shall be punished as prescribed in subsection (d)(2).''.
(b) Definition.--Section 2339C(e) of title 18, United
States Code, is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the term `material support or resources' has the
same meaning as in section 2339B(g)(4); and''.

SEC. 477. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

(a) Criminal Forfeiture.--Section 982(b)(2) of title 18,
United States Code, is amended, by striking ``The
substitution'' and inserting ``With respect to a forfeiture
under subsection (a)(1), the substitution''.
(b) Technical Amendments to Sections 1956 and 1957.--
(1) Unlawful activity.--Section 1956(c)(7)(F) of title 18,
United States Code, is amended by inserting ``, as defined in
section 24'' before the period.
(2) Property from unlawful activity.--Section 1957 of title
18, United States Code, is amended--
(A) in subsection (a), by striking ``engages or attempts to
engage in'' and inserting ``conducts or attempts to
conduct''; and
(B) in subsection (f), by inserting the following after
paragraph (3):
``(4) the term `conducts' has the same meaning as it does
for purposes of section 1956 of this title.''.
(c) Obstruction of Justice.--Section 1510(b)(3)(B) of title
18, United States Code, is amended by striking ``or'' the
first time it appears and inserting ``, a subpoena issued
pursuant to section 1782 of title 28, or''.
(d) International Terrorism.--Section 2332b(g)(5)(B) of
title 18, United States Code, is amended by inserting ``)''
after ``2339C (relating to financing of terrorism''.

Subtitle F--Effective Date

SEC. 481. EFFECTIVE DATE.

Notwithstanding section 341, this title shall take effect
on the date of enactment of this Act.
______

SA 3725. Mr. INHOFE (for himself and Mr. Jeffords) submitted an
amendment intended to be proposed by him to the bill S. 2845, to reform
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other
purposes; which was ordered to lie on the table; as follows:

In section 406 of the amendment, redesignate subsections
(i) and (j) as subsections (j) and (k), respectively.
In section 406 of the amendment, insert after subsection
(h) the following:
(i) Participation of under secretary for emergency
preparedness and response.--
(1) Participation.--The Under Secretary for Emergency
Preparedness and Response shall participate in the
grantmaking process for the Threat-Based Homeland Security
Grant Program for nonlaw enforcement-related grants in order
to ensure that preparedness grants where appropriate, are
consistent, and are not in conflict, with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Reports.--The Under Secretary for Emergency
Preparedness and Response shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives an annual report that describes--
(A) the status of the Threat-Based Homeland Security Grant
Program; and
(B) the impact of that program on programs authorized under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
______

SA 3726. Mr. COLEMAN submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 129, strike line 21 and all that follows through
page 137, line 23, and insert the following:
(6) The United States needs to implement the
recommendations of the National Commission on Terrorist
Attacks Upon the United States to adopt a unified incident
command system and significantly enhance communications
connectivity between and among civilian authorities, local
first responders, and the National Guard. The unified
incident command system should enable emergency managers and
first responders to manage, generate, receive, evaluate,
share, and use information in the event of a terrorist attack
or a significant national disaster.
(7) A new approach to the sharing of intelligence and
homeland security information is urgently needed. An
important conceptual model for a new ``trusted information
network'' is the Systemwide Homeland Analysis and Resource
Exchange (SHARE) Network proposed by a task force of leading
professionals assembled by the Markle Foundation and
described in reports issued in October 2002 and December
2003.
(8) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential
leadership is required to bring about governmentwide change.
(c) Information Sharing Network.--
(1) Establishment.--The President shall establish a trusted
information network and secure information sharing
environment to promote sharing of intelligence and homeland
security information in a manner consistent with national
security and the protection of privacy and civil liberties,
and based on clearly defined and consistently applied
policies and procedures, and valid investigative, analytical
or operational requirements.
(2) Attributes.--The Network shall promote coordination,
communication and collaboration of people and information
among all relevant Federal departments and agencies, State,
tribal, and local authorities, and relevant private sector
entities, including owners and operators of critical
infrastructure, by using policy guidelines and technologies
that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where appropriate
and allows users to share information among agencies, between
levels of government, and, as appropriate, with the private
sector;
(B) the sharing of information in a form and manner that
facilitates its use in analysis, investigations and
operations;
(C) enabling connectivity between Federal and State
agencies and civilian authorities and local first responders
in the event of a terrorist attack or significant national
disaster;
(D) building upon existing systems capabilities currently
in use across the Government;
(E) utilizing industry best practices, including minimizing
the centralization of data and seeking to use common tools
and capabilities whenever possible;
(F) employing an information access management approach
that controls access to data rather than to just networks;
(G) facilitating the sharing of information at and across
all levels of security by using

[[Page S9852]]

policy guidelines and technologies that support writing
information that can be broadly shared;
(H) providing directory services for locating people and
information;
(I) incorporating protections for individuals' privacy and
civil liberties;
(J) incorporating strong mechanisms for information
security and privacy and civil liberties guideline
enforcement in order to enhance accountability and facilitate
oversight, including--
(i) multifactor authentication and access control;
(ii) strong encryption and data protection;
(iii) immutable audit capabilities;
(iv) automated policy enforcement;
(v) perpetual, automated screening for abuses of network
and intrusions; and
(vi) uniform classification and handling procedures;
(K) compliance with requirements of applicable law and
guidance with regard to the planning, design, acquisition,
operation, and management of information systems; and
(L) permitting continuous system upgrades to benefit from
advances in technology while preserving the integrity of
stored data.
(d) Immediate Actions.--Not later than 90 days after the
date of the enactment of this Act, the Director of the Office
of Management and Budget, in consultation with the Executive
Council, shall--
(1) submit to the President and to Congress a description
of the technological, legal, and policy issues presented by
the creation of the Network described in subsection (c), and
the way in which these issues will be addressed;
(2) establish electronic directory services to assist in
locating in the Federal Government intelligence and homeland
security information and people with relevant knowledge about
intelligence and homeland security information; and
(3) conduct a review of relevant current Federal agency
capabilities, including--
(A) a baseline inventory of current Federal systems that
contain intelligence or homeland security information;
(B) the money currently spent to maintain those systems;
and
(C) identification of other information that should be
included in the Network.
(e) Guidelines and Requirements.--As soon as possible, but
in no event later than 180 days after the date of the
enactment of this Act, the President shall--
(1) in consultation with the Executive Council--
(A) issue guidelines for acquiring, accessing, sharing, and
using information, including guidelines to ensure that
information is provided in its most shareable form, such as
by separating out data from the sources and methods by which
that data are obtained; and
(B) on classification policy and handling procedures across
Federal agencies, including commonly accepted processing and
access controls;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 211, issue
guidelines that--
(A) protect privacy and civil liberties in the development
and use of the Network; and
(B) shall be made public, unless, and only to the extent
that, nondisclosure is clearly necessary to protect national
security; and
(3) require the heads of Federal departments and agencies
to promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and unnecessary
requirements for originator approval; and
(B) providing affirmative incentives for information
sharing, such as the incorporation of information sharing
performance measures into agency and managerial evaluations,
and employee awards for promoting innovative information
sharing practices.
(f) Enterprise Architecture and Implementation Plan.--Not
later than 270 days after the date of the enactment of this
Act, the Director of Management and Budget shall submit to
the President and to Congress an enterprise architecture and
implementation plan for the Network. The enterprise
architecture and implementation plan shall be prepared by the
Director of Management and Budget, in consultation with the
Executive Council, and shall include--
(1) a description of the parameters of the proposed
Network, including functions, capabilities, and resources;
(2) a delineation of the roles of the Federal departments
and agencies that will participate in the development of the
Network, including identification of any agency that will
build the infrastructure needed to operate and manage the
Network (as distinct from the individual agency components
that are to be part of the Network), with the delineation of
roles to be consistent with--
(A) the authority of the National Intelligence Director
under this Act to set standards for information sharing and
information technology throughout the intelligence community;
and
(B) the authority of the Secretary of Homeland Security and
the role of the Department of Homeland Security in
coordinating with State, tribal, and local officials and the
private sector;
(3) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(4) an enterprise architecture that--
(A) is consistent with applicable laws and guidance with
regard to planning, design, acquisition, operation, and
management of information systems;
(B) will be used to guide and define the development and
implementation of the Network; and
(C) addresses the existing and planned enterprise
architectures of the departments and agencies participating
in the Network;
(5) a description of how privacy and civil liberties will
be protected throughout the design and implementation of the
Network;
(6) objective, systemwide performance measures to enable
the assessment of progress toward achieving full
implementation of the Network;
(7) a plan, including a time line, for the development and
phased implementation of the Network;
(8) total budget requirements to develop and implement the
Network, including the estimated annual cost for each of the
5 years following the date of the enactment of this Act;
(9) an estimate of training requirements needed to ensure
that the Network will be adequately implemented and property
utilized;
(10) an analysis of the cost to State, tribal, and local
governments and private sector entities for equipment and
training needed to effectively utilize the Network; and
(11) proposals for any legislation that the Director of
Management and Budget determines necessary to implement the
Network.
______

SA 3727. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2845, to reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. AMENDMENTS TO CLINGER-COHEN PROVISIONS TO ENHANCE
AGENCY PLANNING FOR INFORMATION SECURITY NEEDS.

Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting ``security,'' after
``use,'';
(2) in section 11302(c), by inserting ``, including
information security risks,'' after ``risks'' both places it
appears;
(3) in section 11312(b)(1), by striking ``information
technology investments'' and inserting ``investments in
information technology (including information security
needs)''; and
(4) in section 11315(b)(2), by inserting ``, secure,''
after ``sound''.
______

SA 3728. Mr. BROWNBACK (for himself and Mr. Bayh) proposed an
amendment to the bill H.R. 4011, to promote human rights and freedom in
the Democratic People's Republic of Korea, and for other purposes; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``North Korean Human Rights
Act of 2004''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Purposes.
Sec. 5. Definitions.

TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

Sec. 101. Sense of Congress regarding negotiations with North Korea.
Sec. 102. Support for human rights and democracy programs.
Sec. 103. Radio broadcasting to North Korea.
Sec. 104. Actions to promote freedom of information.
Sec. 105. United Nations Commission on Human Rights.
Sec. 106. Establishment of regional framework.
Sec. 107. Special Envoy on Human Rights in North Korea.

TITLE II--ASSISTING NORTH KOREANS IN NEED

Sec. 201. Report on United States humanitarian assistance.
Sec. 202. Assistance provided inside North Korea.
Sec. 203. Assistance provided outside of North Korea.

TITLE III--PROTECTING NORTH KOREAN REFUGEES

Sec. 301. United States policy toward refugees and defectors.
Sec. 302. Eligibility for refugee or asylum consideration.
Sec. 303. Facilitating submission of applications for admission as a
refugee.
Sec. 304. United Nations High Commissioner for Refugees.
Sec. 305. Annual reports.

SEC. 3. FINDINGS.

Congress makes the following findings:
(1) According to the Department of State, the Government of
North Korea is ``a dictatorship under the absolute rule of
Kim Jong Il'' that continues to commit numerous, serious
human rights abuses.
(2) The Government of North Korea attempts to control all
information, artistic expression, academic works, and media
activity inside North Korea and strictly curtails freedom of
speech and access to foreign broadcasts.

[[Page S9853]]

(3) The Government of North Korea subjects all its citizens
to systematic, intensive political and ideological
indoctrination in support of the cult of personality
glorifying Kim Jong Il and the late Kim Il Sung that
approaches the level of a state religion.
(4) The Government of North Korea divides its population
into categories, based on perceived loyalty to the
leadership, which determines access to food, employment,
higher education, place of residence, medical facilities, and
other resources.
(5) According to the Department of State, ``[t]he [North
Korean] Penal Code is [d]raconian, stipulating capital
punishment and confiscation of assets for a wide variety of
`crimes against the revolution,' including defection,
attempted defection, slander of the policies of the Party or
State, listening to foreign broadcasts, writing `reactionary'
letters, and possessing reactionary printed matter''.
(6) The Government of North Korea executes political
prisoners, opponents of the regime, some repatriated
defectors, some members of underground churches, and others,
sometimes at public meetings attended by workers, students,
and schoolchildren.
(7) The Government of North Korea holds an estimated
200,000 political prisoners in camps that its State Security
Agency manages through the use of forced labor, beatings,
torture, and executions, and in which many prisoners also die
from disease, starvation, and exposure.
(8) According to eyewitness testimony provided to the
United States Congress by North Korean camp survivors, camp
inmates have been used as sources of slave labor for the
production of export goods, as targets for martial arts
practice, and as experimental victims in the testing of
chemical and biological poisons.
(9) According to credible reports, including eyewitness
testimony provided to the United States Congress, North
Korean Government officials prohibit live births in prison
camps, and forced abortion and the killing of newborn babies
are standard prison practices.
(10) According to the Department of State, ``[g]enuine
religious freedom does not exist in North Korea'' and,
according to the United States Commission on International
Religious Freedom, ``[t]he North Korean state severely
represses public and private religious activities'' with
penalties that reportedly include arrest, imprisonment,
torture, and sometimes execution.
(11) More than 2,000,000 North Koreans are estimated to
have died of starvation since the early 1990s because of the
failure of the centralized agricultural and public
distribution systems operated by the Government of North
Korea.
(12) According to a 2002 United Nations-European Union
survey, nearly one out of every ten children in North Korea
suffers from acute malnutrition and four out of every ten
children in North Korea are chronically malnourished.
(13) Since 1995, the United States has provided more than
2,000,000 tons of humanitarian food assistance to the people
of North Korea, primarily through the World Food Program.
(14) Although United States food assistance has undoubtedly
saved many North Korean lives and there have been minor
improvements in transparency relating to the distribution of
such assistance in North Korea, the Government of North Korea
continues to deny the World Food Program forms of access
necessary to properly monitor the delivery of food aid,
including the ability to conduct random site visits, the use
of native Korean-speaking employees, and travel access
throughout North Korea.
(15) The risk of starvation, the threat of persecution, and
the lack of freedom and opportunity in North Korea have
caused large numbers, perhaps even hundreds of thousands, of
North Koreans to flee their homeland, primarily into China.
(16) North Korean women and girls, particularly those who
have fled into China, are at risk of being kidnapped,
trafficked, and sexually exploited inside China, where many
are sold as brides or concubines, or forced to work as
prostitutes.
(17) The Governments of China and North Korea have been
conducting aggressive campaigns to locate North Koreans who
are in China without permission and to forcibly return them
to North Korea, where they routinely face torture and
imprisonment, and sometimes execution.
(18) Despite China's obligations as a party to the 1951
United Nations Convention Relating to the Status of Refugees
and the 1967 Protocol Relating to the Status of Refugees,
China routinely classifies North Koreans seeking asylum in
China as mere ``economic migrants'' and returns them to North
Korea without regard to the serious threat of persecution
they face upon their return.
(19) The Government of China does not provide North Koreans
whose asylum requests are rejected a right to have the
rejection reviewed prior to deportation despite its
obligations under the 1951 United Nations Convention Relating
to the Status of Refugees and the 1967 Protocol Relating to
the Status of Refugees.
(20) North Koreans who seek asylum while in China are
routinely imprisoned and tortured, and in some cases killed,
after they are returned to North Korea.
(21) The Government of China has detained, convicted, and
imprisoned foreign aid workers attempting to assist North
Korean refugees in proceedings that did not comply with
Chinese law or international standards.
(22) In January 2000, North Korean agents inside China
allegedly abducted the Reverend Kim Dong-shik, a United
States permanent resident and advocate for North Korean
refugees, whose condition and whereabouts remain unknown.
(23) Between 1994 and 2003, South Korea has admitted
approximately 3,800 North Korean refugees for domestic
resettlement, a number that is small in comparison with the
total number of North Korean escapees but far greater than
the number legally admitted in any other country.
(24) Although the principal responsibility for North Korean
refugee resettlement naturally falls to the Government of
South Korea, the United States should play a leadership role
in focusing international attention on the plight of these
refugees, and formulating international solutions to that
profound humanitarian dilemma.
(25) In addition to infringing the rights of its own
citizens, the Government of North Korea has been responsible
in years past for the abduction of numerous citizens of South
Korea and Japan, whose condition and whereabouts remain
unknown.

SEC. 4. PURPOSES.

The purposes of this Act are--
(1) to promote respect for and protection of fundamental
human rights in North Korea;
(2) to promote a more durable humanitarian solution to the
plight of North Korean refugees;
(3) to promote increased monitoring, access, and
transparency in the provision of humanitarian assistance
inside North Korea;
(4) to promote the free flow of information into and out of
North Korea; and
(5) to promote progress toward the peaceful reunification
of the Korean peninsula under a democratic system of
government.

SEC. 5. DEFINITIONS.

In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations of the House
of Representatives; and
(B) the Committee on Foreign Relations of the Senate.
(2) China.--The term ``China'' means the People's Republic
of China.
(3) Humanitarian assistance.--The term ``humanitarian
assistance'' means assistance to meet humanitarian needs,
including needs for food, medicine, medical supplies,
clothing, and shelter.
(4) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(5) North koreans.--The term ``North Koreans'' means
persons who are citizens or nationals of North Korea.
(6) South korea.--The term ``South Korea'' means the
Republic of Korea.

TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

SEC. 101. SENSE OF CONGRESS REGARDING NEGOTIATIONS WITH NORTH
KOREA.

It is the sense of Congress that the human rights of North
Koreans should remain a key element in future negotiations
between the United States, North Korea, and other concerned
parties in Northeast Asia.

SEC. 102. SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.

(a) Support.--The President is authorized to provide grants
to private, nonprofit organizations to support programs that
promote human rights, democracy, rule of law, and the
development of a market economy in North Korea. Such programs
may include appropriate educational and cultural exchange
programs with North Korean participants, to the extent not
otherwise prohibited by law.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President $2,000,000 for each of the fiscal years 2005
through 2008 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.

SEC. 103. RADIO BROADCASTING TO NORTH KOREA.

(a) Sense of Congress.--It is the sense of Congress that
the United States should facilitate the unhindered
dissemination of information in North Korea by increasing its
support for radio broadcasting to North Korea, and that the
Broadcasting Board of Governors should increase broadcasts to
North Korea from current levels, with a goal of providing 12-
hour-per-day broadcasting to North Korea, including
broadcasts by Radio Free Asia and Voice of America.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Broadcasting Board of Governors
shall submit to the appropriate congressional committees a
report that--
(1) describes the status of current United States
broadcasting to North Korea; and
(2) outlines a plan for increasing such broadcasts to 12
hours per day, including a detailed description of the
technical and fiscal requirements necessary to implement the
plan.

SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

(a) Actions.--The President is authorized to take such
actions as may be necessary to increase the availability of
information inside North Korea by increasing the availability
of sources of information not controlled by the Government of
North Korea, including sources such as radios capable of

[[Page S9854]]

receiving broadcasting from outside North Korea.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President $2,000,000 for each of the fiscal years 2005
through 2008 to carry out subsection (a).
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, and in each of the 3 years thereafter,
the Secretary of State, after consultation with the heads of
other appropriate Federal departments and agencies, shall
submit to the appropriate congressional committees a report,
in classified form, on actions taken pursuant to this
section.

SEC. 105. UNITED NATIONS COMMISSION ON HUMAN RIGHTS.

It is the sense of Congress that the United Nations has a
significant role to play in promoting and improving human
rights in North Korea, and that--
(1) the United Nations Commission on Human Rights (UNCHR)
has taken positive steps by adopting Resolution 2003/10 and
Resolution 2004/13 on the situation of human rights in North
Korea, and particularly by requesting the appointment of a
Special Rapporteur on the situation of human rights in North
Korea; and
(2) the severe human rights violations within North Korea
warrant country-specific attention and reporting by the
United Nations Working Group on Arbitrary Detention, the
Working Group on Enforced and Involuntary Disappearances, the
Special Rapporteur on Extrajudicial, Summary, or Arbitrary
Executions, the Special Rapporteur on the Right to Food, the
Special Rapporteur on the Promotion and Protection of the
Right to Freedom of Opinion and Expression, the Special
Rapporteur on Freedom of Religion or Belief, and the Special
Rapporteur on Violence Against Women.

SEC. 106. ESTABLISHMENT OF REGIONAL FRAMEWORK.

(a) Findings.--The Congress finds that human rights
initiatives can be undertaken on a multilateral basis, such
as the Organization for Security and Cooperation in Europe
(OSCE), which established a regional framework for discussing
human rights, scientific and educational cooperation, and
economic and trade issues.
(b) Sense of Congress.--It is the sense of Congress that
the United Sates should explore the possibility of a regional
human rights dialogue with North Korea that is modeled on the
Helsinki process, engaging all countries in the region in a
common commitment to respect human rights and fundamental
freedoms.

SEC. 107. SPECIAL ENVOY ON HUMAN RIGHTS IN NORTH KOREA.

(a) Special Envoy.--The President shall appoint a special
envoy for human rights in North Korea within the Department
of State (hereafter in this section referred to as the
``Special Envoy''). The Special Envoy should be a person of
recognized distinction in the field of human rights. -
(b) Central Objective.--The central objective of the
Special Envoy is to coordinate and promote efforts to improve
respect for the fundamental human rights of the people of
North Korea.-
(c) Duties and Responsibilities.--The Special Envoy shall--
(1) engage in discussions with North Korean officials
regarding human rights;
(2) support international efforts to promote human rights
and political freedoms in North Korea, including coordination
and dialogue between the United States and the United
Nations, the European Union, North Korea, and the other
countries in Northeast Asia;
(3) consult with non-governmental organizations who have
attempted to address human rights in North Korea;
(4) make recommendations regarding the funding of
activities authorized in section 102;
(5) review strategies for improving protection of human
rights in North Korea, including technical training and
exchange programs; and
(6) develop an action plan for supporting implementation of
the United Nations Commission on Human Rights Resolution
2004/13.
(d) Report on Activities.--Not later than 180 days after
the date of the enactment of this Act, and annually for the
subsequent 5 year-period, the Special Envoy shall submit to
the appropriate congressional committees a report on the
activities undertaken in the preceding 12 months under
subsection (c).

TITLE II--ASSISTING NORTH KOREANS IN NEED

SEC. 201. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and in each of the 2 years thereafter,
the Administrator of the United States Agency for
International Development, in conjunction with the Secretary
of State, shall submit to the appropriate congressional
committees a report that describes--
(1) all activities to provide humanitarian assistance
inside North Korea, and to North Koreans outside of North
Korea, that receive United States funding;
(2) any improvements in humanitarian transparency,
monitoring, and access inside North Korea during the previous
1-year period, including progress toward meeting the
conditions identified in paragraphs (1) through (4) of
section 202(b); and
(3) specific efforts to secure improved humanitarian
transparency, monitoring, and access inside North Korea made
by the United States and United States grantees, including
the World Food Program, during the previous 1-year period.
(b) Form.--The information required by subsection (a)(1)
may be provided in classified form if necessary.

SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA.

(a) Humanitarian Assistance Through Nongovernmental and
International Organizations.--It is the sense of the Congress
that--
(1) at the same time that Congress supports the provision
of humanitarian assistance to the people of North Korea on
humanitarian grounds, such assistance also should be provided
and monitored so as to minimize the possibility that such
assistance could be diverted to political or military use,
and to maximize the likelihood that it will reach the most
vulnerable North Koreans;
(2) significant increases above current levels of United
States support for humanitarian assistance provided inside
North Korea should be conditioned upon substantial
improvements in transparency, monitoring, and access to
vulnerable populations throughout North Korea; and
(3) the United States should encourage other countries that
provide food and other humanitarian assistance to North Korea
to do so through monitored, transparent channels, rather than
through direct, bilateral transfers to the Government of
North Korea.
(b) United States Assistance to the Government of North
Korea.--It is the sense of Congress that--
(1) United States humanitarian assistance to any
department, agency, or entity of the Government of North
Korea shall--
(A) be delivered, distributed, and monitored according to
internationally recognized humanitarian standards;
(B) be provided on a needs basis, and not used as a
political reward or tool of coercion;
(C) reach the intended beneficiaries, who should be
informed of the source of the assistance; and
(D) be made available to all vulnerable groups in North
Korea, no matter where in the country they may be located;
and
(2) United States nonhumanitarian assistance to North Korea
shall be contingent on North Korea's substantial progress
toward--
(A) respect for the basic human rights of the people of
North Korea, including freedom of religion;
(B) providing for family reunification between North
Koreans and their descendants and relatives in the United
States;
(C) fully disclosing all information regarding citizens of
Japan and the Republic of Korea abducted by the Government of
North Korea;
(D) allowing such abductees, along with their families,
complete and genuine freedom to leave North Korea and return
to the abductees' original home countries;
(E) reforming the North Korean prison and labor camp
system, and subjecting such reforms to independent
international monitoring; and
(F) decriminalizing political expression and activity.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the Agency for
International Development shall submit to the appropriate
congressional committees a report describing compliance with
this section.

SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.

(a) Assistance.--The President is authorized to provide
assistance to support organizations or persons that provide
humanitarian assistance to North Koreans who are outside of
North Korea without the permission of the Government of North
Korea.
(b) Types of Assistance.--Assistance provided under
subsection (a) should be used to provide--
(1) humanitarian assistance to North Korean refugees,
defectors, migrants, and orphans outside of North Korea,
which may include support for refugee camps or temporary
settlements; and
(2) humanitarian assistance to North Korean women outside
of North Korea who are victims of trafficking, as defined in
section 103(14) of the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(14)), or are in danger of being
trafficked.
(c) Authorization of Appropriations.--
(1) In general.--In addition to funds otherwise available
for such purposes, there are authorized to be appropriated to
the President $20,000,000 for each of the fiscal years 2005
through 2008 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.

TITLE III--PROTECTING NORTH KOREAN REFUGEES

SEC. 301. UNITED STATES POLICY TOWARD REFUGEES AND DEFECTORS.

(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State, in
consultation with the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate
congressional committees and the Committees on the Judiciary
of the House of Representatives and the Senate a report that

[[Page S9855]]

describes the situation of North Korean refugees and explains
United States Government policy toward North Korean nationals
outside of North Korea.
(b) Contents.--The report shall include--
(1) an assessment of the circumstances facing North Korean
refugees and migrants in hiding, particularly in China, and
of the circumstances they face if forcibly returned to North
Korea;
(2) an assessment of whether North Koreans in China have
effective access to personnel of the United Nations High
Commissioner for Refugees, and of whether the Government of
China is fulfilling its obligations under the 1951 Convention
Relating to the Status of Refugees, particularly Articles 31,
32, and 33 of such Convention;
(3) an assessment of whether North Koreans presently have
unobstructed access to United States refugee and asylum
processing, and of United States policy toward North Koreans
who may present themselves at United States embassies or
consulates and request protection as refugees or asylum
seekers and resettlement in the United States;
(4) the total number of North Koreans who have been
admitted into the United States as refugees or asylees in
each of the past five years;
(5) an estimate of the number of North Koreans with family
connections to United States citizens; and
(6) a description of the measures that the Secretary of
State is taking to carry out section 303.
(c) Form.--The information required by paragraphs (1)
through (5) of subsection (b) shall be provided in
unclassified form. All or part of the information required by
subsection (b)(6) may be provided in classified form, if
necessary.

SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.

(a) Purpose.--The purpose of this section is to clarify
that North Koreans are not barred from eligibility for
refugee status or asylum in the United States on account of
any legal right to citizenship they may enjoy under the
Constitution of the Republic of Korea. It is not intended in
any way to prejudice whatever rights to citizenship North
Koreans may enjoy under the Constitution of the Republic of
Korea, or to apply to former North Korean nationals who have
availed themselves of those rights.
(b) Treatment of Nationals of North Korea.--For purposes of
eligibility for refugee status under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157), or for
asylum under section 208 of such Act (8 U.S.C. 1158), a
national of the Democratic People's Republic of Korea shall
not be considered a national of the Republic of Korea.

SEC. 303. FACILITATING SUBMISSION OF APPLICATIONS FOR
ADMISSION AS A REFUGEE.

The Secretary of State shall undertake to facilitate the
submission of applications under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) by citizens
of North Korea seeking protection as refugees (as defined in
section 101(a)(42) of such Act (8 U.S.C. 1101(a)(42)).

SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

(a) Actions in China.--It is the sense of Congress that--
(1) the Government of China has obligated itself to provide
the United Nations High Commissioner for Refugees (UNHCR)
with unimpeded access to North Koreans inside its borders to
enable the UNHCR to determine whether they are refugees and
whether they require assistance, pursuant to the 1951 United
Nations Convention Relating to the Status of Refugees, the
1967 Protocol Relating to the Status of Refugees, and Article
III, paragraph 5 of the 1995 Agreement on the Upgrading of
the UNHCR Mission in the People's Republic of China to UNHCR
Branch Office in the People's Republic of China (referred to
in this section as the ``UNHCR Mission Agreement'');
(2) the United States, other UNHCR donor governments, and
UNHCR should persistently and at the highest levels continue
to urge the Government of China to abide by its previous
commitments to allow UNHCR unimpeded access to North Korean
refugees inside China;
(3) the UNHCR, in order to effectively carry out its
mandate to protect refugees, should liberally employ as
professionals or Experts on Mission persons with significant
experience in humanitarian assistance work among displaced
North Koreans in China;
(4) the UNHCR, in order to effectively carry out its
mandate to protect refugees, should liberally contract with
appropriate nongovernmental organizations that have a proven
record of providing humanitarian assistance to displaced
North Koreans in China;
(5) the UNHCR should pursue a multilateral agreement to
adopt an effective ``first asylum'' policy that guarantees
safe haven and assistance to North Korean refugees; and
(6) should the Government of China begin actively
fulfilling its obligations toward North Korean refugees, all
countries, including the United States, and relevant
international organizations should increase levels of
humanitarian assistance provided inside China to help defray
costs associated with the North Korean refugee presence.
(b) Arbitration Proceedings.--It is further the sense of
Congress that--
(1) if the Government of China continues to refuse to
provide the UNHCR with access to North Koreans within its
borders, the UNHCR should initiate arbitration proceedings
pursuant to Article XVI of the UNHCR Mission Agreement and
appoint an arbitrator for the UNHCR; and
(2) because access to refugees is essential to the UNHCR
mandate and to the purpose of a UNHCR branch office, a
failure to assert those arbitration rights in present
circumstances would constitute a significant abdication by
the UNHCR of one of its core responsibilities.

SEC. 305. ANNUAL REPORTS.

(a) Immigration Information.--Not later than 1 year after
the date of the enactment of this Act, and every 12 months
thereafter for each of the following 5 years, the Secretary
of State and the Secretary of Homeland Security shall submit
a joint report to the appropriate congressional committees
and the Committees on the Judiciary of the House of
Representatives and the Senate on the operation of this title
during the previous year, which shall include--
(1) the number of aliens who are nationals or citizens of
North Korea who applied for political asylum and the number
who were granted political asylum; and
(2) the number of aliens who are nationals or citizens of
North Korea who applied for refugee status and the number who
were granted refugee status.
(b) Countries of Particular Concern.--The President shall
include in each annual report on proposed refugee admission
pursuant to section 207(d) of the Immigration and Nationality
Act (8 U.S.C. 1157(d)), information about specific measures
taken to facilitate access to the United States refugee
program for individuals who have fled countries of particular
concern for violations of religious freedom, identified
pursuant to section 402(b) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6442(b)). The report shall
include, for each country of particular concern, a
description of access of the nationals or former habitual
residents of that country to a refugee determination on the
basis of--
(1) referrals by external agencies to a refugee
adjudication;
(2) groups deemed to be of special humanitarian concern to
the United States for purposes of refugee resettlement; and
(3) family links to the United States.
______

SA 3729. Mr. FRIST (for Mr. Hatch (for himself and Mr. Leahy))
submitted an amendment intended to be proposed by Mr. Frist to the bill
S. 2742, to extend certain authority of the Supreme Court Police,
modify the venue of prosecutions relating to the Supreme Court building
and grounds, and authorize the acceptance of gifts to the United States
Supreme Court; as follows:

On page 2, lines 22 and 23, strike ``for the purpose of
aiding or facilitating the work of the United States Supreme
Court,'' and insert ``pertaining to the history of the United
States Supreme Court or its justices,''.
______

SA 3730. Mr. KYL (for himself, Mr. Domenici, and Mr. Bingaman)
submitted an amendment intended to be proposed by him to the bill S.
437, to provide for adjustments to the Central Arizona Project in
Arizona, to authorize the Gila River Indian Community water rights
settlement, to reauthorize and amend the Southern Arizona Water Rights
Settlement Act of 1982, and for other purposes; which was ordered to
lie on the table; as follows:

In the table of contents, insert after the item relating to
section 402 the following:

Sec. 403. Authorization of appropriations.

In section 2(26)(B)(ii), insert ``consistent with section
203(a) or as approved by the Secretary'' before the period at
the end.
In section 3, strike subsections (a) and (b) and insert the
following:
(a) No Participation by the United States.--
(1) In general.--No arbitration decision rendered pursuant
to subparagraph 12.1 of the UVD agreement or exhibit 20.1 of
the Gila River agreement (including the joint control board
agreement attached to exhibit 20.1) shall be considered
invalid solely because the United States failed or refused to
participate in such arbitration proceedings that resulted in
such arbitration decision, so long as the matters in
arbitration under subparagraph 12.1 of the UVD agreement or
exhibit 20.1 of the Gila River Agreement concern aspects of
the water rights of the Community, the San Carlos Irrigation
Project, or the Miscellaneous Flow Lands (as defined in
subparagraph 2.18A of the UVD agreement) and not the water
rights of the United States in its own right, any other
rights of the United States, or the water rights or any other
rights of the United States acting on behalf of or for the
benefit of another tribe.
(2) Arbitration ineffective.--If an issue otherwise subject
to arbitration under subparagraph 12.1 of the UVD agreement
or exhibit 20.1 of the Gila River Agreement cannot be
arbitrated or if an arbitration decision will not be
effective because the United States cannot or will not
participate in the arbitration, then the issue shall be
submitted for decision to a court of competent jurisdiction,
but not a court of the Community.

[[Page S9856]]

(b) Participation by the Secretary.--Notwithstanding any
provision of any agreement, exhibit, attachment, or other
document ratified by this Act, if the Secretary is required
to enter arbitration pursuant to this Act or any such
document, the Secretary shall follow the procedures for
arbitration established by chapter 5 of title 5, United
States Code.
In section 403(f)(2)(A) of the Colorado River Basin Project
Act (as amended by section 107(a) of the Committee
amendment), insert ``in accordance with clause 8(d)(i)(1)(i)
of the Repayment Stipulation (as defined in section 2 of the
Arizona Water Settlements Act)'' before the semicolon at the
end;
In section 403(f)(2)(D) of the Colorado River Basin Project
Act (as amended by section 107(a) of the Committee
amendment), strike clauses (vi) and (vii) and insert the
following:
``(vi) to pay a total of not more than $250,000,000 to the
credit of the Future Indian Water Settlement Subaccount of
the Lower Colorado Basin Development Fund, for use for Indian
water rights settlements in Arizona approved by Congress
after the date of enactment of this Act, subject to the
requirement that, notwithstanding any other provision of this
Act, any funds credited to the Future Indian Water Settlement
Subaccount that are not used in furtherance of a
congressionally approved Indian water rights settlement in
Arizona by December 31, 2030, shall be returned to the main
Lower Colorado Basin Development Fund for expenditure on
authorized uses pursuant to this Act, provided that any
interest earned on funds held in the Future Indian Water
Settlement Subaccount shall remain in such subaccount until
disbursed or returned in accordance with this section;
``(vii) to pay costs associated with the installation of
gages on the Gila River and its tributaries to measure the
water level of the Gila River and its tributaries for
purposes of the New Mexico Consumptive Use and Forbearance
Agreement in an amount not to exceed $500,000; and
``(viii) to pay the Secretary's costs of implementing the
Central Arizona Project Settlement Act of 2004;
In section 107(c), strike paragraphs (1) through (4) and
insert the following:
(1) in section 403(g), by striking ``clause (c)(2)'' and
inserting ``subsection (c)(2)''; and
(2) in section 403(e), by deleting the first word and
inserting ``Except as provided in subsection (f), revenues''.
In section 203(c), strike paragraphs (1) and (2) and insert
the following:
(1) Environmental compliance.--In implementing the Gila
River agreement, the Secretary shall promptly comply with all
aspects of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), and all other applicable environmental
Acts and regulations.
(2) Execution of the gila river agreement.--Execution of
the Gila River agreement by the Secretary under this section
shall not constitute a major Federal action under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.).
The Secretary is directed to carry out all necessary
environmental compliance required by Federal law in
implementing the Gila River agreement.
In section 203(d)(4)(B), strike clause (i) and insert the
following:
(i) in accomplishing the work under the supplemental
repayment contract--

(I) the San Carlos Irrigation and Drainage District--

(aa) may use locally accepted engineering standards and the
labor and contracting authorities that are available to the
District under State law; and
(bb) shall be subject to the value engineering program of
the Bureau of Reclamation established pursuant to OMB
Circular A-131; and

(II) in accordance with FAR Part 48.101(b), the incentive
returned to the contractor through this ``Incentive Clause''
shall be 55 percent after the Contractor is reimbursed for
the allowable costs of developing and implementing the
proposal and the Government shall retain 45 percent of such
savings in the form of reduced expenditures;

In section 204(a)(4)(B), strike ``or the United States''.
In section 207(a)(4)(A), strike clauses (iv) and (v) and
insert the following:
(iv)(I) past and present claims for subsidence damage
occurring to land within the exterior boundaries of the
Reservation, off-Reservation trust land, or fee land arising
from time immemorial through the enforceability date; and
(II) claims for subsidence damage arising after the
enforceability date occurring to land within the exterior
boundaries of the Reservation, off-Reservation trust land or
fee land resulting from the diversion of underground water in
a manner not in violation of the Gila River agreement or
applicable law;
(v) past and present claims for failure to protect,
acquire, or develop water rights for or on behalf of the
Community and Community members arising before December 31,
2002; and
(vi) past, present, and future claims relating to failure
to assert any claims expressly waived pursuant to section
207(a)(1) (C) through (E).
In section 207(a)(5)(A)(ii)(I), insert ``injuries to''
after ``claims for''.
In section 207(a)(5)(A)(iii)(I), insert ``for injuries to
water rights'' after ``claims''.
In section 207(a)(5)(B)(iii)(I), insert ``for injuries to
water rights'' after ``claims''.
In the matter preceding clause (i) of section 207(a)(5)(C),
strike ``and the extent'' and all that follows through
``Globe Equity Decree'' and insert the following: ``and to
the extent the United States holds legal title to (but not
the beneficial interest in) the water rights as described in
article V or VI of the Globe Equity Decree (but not on behalf
of the San Carlos Apache Tribe pursuant to article VI(2) of
the Globe Equity Decree)''.
In section 207(a)(5)(C)(iii)(I), insert ``for injuries to
water rights'' after ``claims''.
In section 212(h), strike paragraphs (1) and (2) and insert
the following:
(1) Environmental compliance.--Upon execution of the New
Mexico Consumptive Use and Forbearance Agreement and the New
Mexico Unit Agreement, the Secretary shall promptly comply
with all aspects of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and all other applicable
environmental Acts and regulations.
(2) Execution of the new mexico consumptive use and
forbearance agreement and the new mexico unit agreement.--
Execution of the New Mexico Consumptive Use and Forbearance
Agreement and the New Mexico Unit Agreement by the Secretary
under this section shall not constitute a major Federal
action under the National Environmental Policy Act (42 U.S.C.
4321 et seq.). The Secretary is directed to carry out all
necessary environmental compliance required by Federal law in
implementing the New Mexico Consumptive Use and Forbearance
Agreement and the New Mexico Unit Agreement.
In section 309(h)(3) of the Southern Arizona Water Rights
Settlement Act of 1982 (as amended by section 301 of the
Committee amendment), strike subparagraphs (A) and (B) and
insert the following:
``(A) Environmental compliance.--In implementing an
agreement described in paragraph (2), the Secretary shall
promptly comply with all aspects of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
and all other applicable environmental Acts and regulations.
``(B) Execution of agreement.--Execution of an agreement
described in paragraph (2) by the Secretary under this
section shall not constitute a major Federal action under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.).
The Secretary is directed to carry out all necessary
environmental compliance required by Federal law in
implementing an agreement described in paragraph (2).
Strike section 401 and insert the following:

SEC. 401. EFFECT OF TITLES I, II, AND III.

None of the provisions of title I, II, or III or the
agreements, attachments, exhibits, or stipulations referenced
in those titles shall be construed to--
(1) amend, alter, or limit the authority of--
(A) the United States to assert any claim against any
party, including any claim for water rights, injury to water
rights, or injury to water quality in its capacity as trustee
for the San Carlos Apache Tribe, its members and allottees,
or in any other capacity on behalf of the San Carlos Apache
Tribe, its members, and allottees, in any judicial,
administrative, or legislative proceeding; or
(B) the San Carlos Apache Tribe to assert any claim against
any party, including any claim for water rights, injury to
water rights, or injury to water quality in its own behalf or
on behalf of its members and allottees in any judicial,
administrative, or legislative proceeding consistent with
title XXXVII of Public Law 102-575 (106 Stat. 4600, 4740); or
(2) amend or alter the CAP Contract for the San Carlos
Apache Tribe dated December 11, 1980, as amended April 29,
1999.
At the end, add the following:

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

(a) San Carlos Apache Tribe.--There is authorized to be
appropriated to assist the San Carlos Apache Tribe in
completing comprehensive water resources negotiations leading
to a comprehensive Gila River water settlement for the Tribe,
including soil and water technical analyses, legal,
paralegal, and other related efforts, $150,000 for fiscal
year 2006.
(b) White Mountain Apache Tribe.--There is authorized to be
appropriated to assist the White Mountain Apache Tribe in
completing comprehensive water resources negotiations leading
to a comprehensive water settlement for the Tribe, including
soil and water technical analyses, legal, paralegal, and
other related efforts, $150,000 for fiscal year 2006.
(c) Other Arizona Indian Tribes.--There is authorized to be
appropriated to the Secretary to assist Arizona Indian tribes
(other than those specified in subsections (a) and (b)) in
completing comprehensive water resources negotiations leading
to a comprehensive water settlement for the Arizona Indian
tribes, including soil and water technical analyses, legal,
paralegal, and other related efforts, $300,000 for fiscal
year 2006.
(d) No Limitation on Other Funding.--Amounts made available
under subsections (a), (b), and (c) shall not limit, and
shall be in addition to, other amounts available for Arizona
tribal water rights negotiations leading to comprehensive
water settlements.
______

SA 3731. Ms. COLLINS (for Mr. Inhofe (for himself and Mr. Jeffords))
proposed an amendment to amendment SA 3705 proposed by Ms. Collins (for
herself, Mr. Carper, and Mr.

[[Page S9857]]

Lieberman) to the bill S. 2845, to reform the intelligence community
and the intelligence and intelligence-related activities of the United
States Government, and for other purposes; as follows:

In section 406 of the amendment, redesignate subsections
(i) and (j) as subsections (j) and (k), respectively.
In section 406 of the amendment, insert after subsection
(h) the following:
(i) Participation of under secretary for emergency
preparedness and response.--
(1) Participation.--The Under Secretary for Emergency
Preparedness and Response shall participate in the
grantmaking process for the Threat-Based Homeland Security
Grant Program for nonlaw enforcement-related grants in order
to ensure that preparedness grants where appropriate, are
consistent, and are not in conflict, with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) Reports.--The Under Secretary for Emergency
Preparedness and Response shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives an annual report that describes--
(A) the status of the Threat-Based Homeland Security Grant
Program; and
(B) the impact of that program on programs authorized under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
______

SA 3732. Ms. COLLINS (for Mr. Levin (for himself and Ms. Collins))
proposed an amendment to amendment SA 3705 proposed by Ms. Collins (for
herself, Mr. Carper, and Mr. Lieberman) to the bill S. 2845, to reform
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other
purposes; as follows:

On page 36, strike lines 3 through 21, and insert the
following:

SEC. 409. CERTIFICATION RELATIVE TO THE SCREENING OF
MUNICIPAL SOLID WASTE TRANSPORTED INTO THE
UNITED STATES.

(a) Defined Term.--In this section, the term ``municipal
solid waste'' includes sludge (as defined in section 1004 of
the Solid Waste Disposal Act (42 U.S.C. 6903)).
(b) Reports to Congress.--Not later than 90 days after the
date of enactment of this Act, the Bureau of Customs and
Border Protection of the Department of Homeland Security
shall submit a report to Congress that--
(1) indicates whether the methodologies and technologies
used by the Bureau to screen for and detect the presence of
chemical, nuclear, biological, and radiological weapons in
municipal solid waste are as effective as the methodologies
and technologies used by the Bureau to screen for such
materials in other items of commerce entering into the United
States by commercial motor vehicle transport; and
(2) if the methodologies and technologies used to screen
solid waste are less effective than those used to screen
other commercial items, identifies the actions that the
Bureau will take to achieve the same level of effectiveness
in the screening of solid waste, including the need for
additional screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the Bureau of
Customs and Border Protection fails to fully implement the
actions described in subsection (b)(2) before the earlier of
6 months after the date on which the report is due under
subsection (b) or 6 months after the date on which such
report is submitted, the Secretary of Homeland Security shall
deny entry into the United States of any commercial motor
vehicle (as defined in section 31101(1) of title 49, United
States Code) carrying municipal solid waste until the
Secretary certifies to Congress that the methodologies and
technologies used by the Bureau to screen for and detect the
presence of chemical, nuclear, biological, and radiological
weapons in such waste are as effective as the methodologies
and technologies used by the Bureau to screen for such
materials in other items of commerce entering into the United
States by commercial motor vehicle transport.
(d) Effective Date.--Notwithstanding section 341, this
section shall take effect on the date of enactment of this
Act.
______

SA 3733. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 2845, to reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of subtitle B of title II, add the following:

SEC. 213. UTILIZATION OF COMMERCIAL AND OTHER DATABASES.

(a) Limitation.--(1) Notwithstanding any other provision of
law, no element of the intelligence community may conduct a
search or other analysis for national security or
intelligence purposes of a database based solely on a
hypothetical scenario or hypothetical supposition of who may
pose a threat to national security.
(2) The limitation in paragraph (1) shall not be construed
to endorse or allow any other activity that involves use or
access of databases referred to in subsection (b)(2)(A).
(b) Report on Use of Databases.--(1) The National
Intelligence Director shall prepare, submit to the
appropriate committees of Congress, and make available to the
public a report, in writing, containing a detailed
description of any use by any element of the intelligence
community of any database that was obtained from or remain
under the control of a non-Federal entity, or that contain
information that was acquired initially by another
department, agency, or element of the United States
Government for purposes other than national security or
intelligence purposes, regardless of whether any compensation
was paid for such database.
(2) The report under paragraph (1) shall include--
(A) a list of all contracts, memoranda of understanding, or
other agreements entered into by element of the intelligence
community for the use of, access to, or analysis of any
database that was obtained from or remain under the control
of a non-Federal entity, or that contain information that was
acquired initially by another department, agency, or element
of the United States Government for purposes other than
national security or intelligence purposes;
(B) the duration and dollar amount of such contracts;
(C) the types of data contained in each database referred
to in subparagraph (A);
(D) the purposes for which each such database is used,
analyzed, or accessed;
(E) the extent to which each such database is used,
analyzed, or accessed;
(F) the extent to which information from each such database
is retained by any element of the intelligence community,
including how long the information is retained and for what
purpose;
(G) a thorough description, in unclassified form, of any
methodologies being used or developed by the element of the
intelligence community concerned, to search, access, or
analyze any such database;
(H) an assessment of the likely efficacy of such
methodologies in identifying or locating criminals,
terrorists, or terrorist groups, and in providing practically
valuable predictive assessments of the plans, intentions, or
capabilities of terrorists, or terrorist groups;
(I) a thorough discussion of the plans for the use of such
methodologies;
(J) a thorough discussion of the activities of the
personnel, if any, of the department, agency, or element
concerned while assigned to the National Counterterrorism
Center; and
(K) a thorough discussion of the policies, procedures,
guidelines, regulations, and laws, if any, that have been or
will be applied in the access, analysis, or other use of the
databases referred to in subparagraph (A), including--
(i) the personnel permitted to access, analyze, or
otherwise use such databases;
(ii) standards governing the access, analysis, or use of
such databases;
(iii) any standards used to ensure that the personal
information accessed, analyzed, or used is the minimum
necessary to accomplish the intended legitimate Government
purpose;
(iv) standards limiting the retention and redisclosure of
information obtained from such databases;
(v) procedures ensuring that such data meets standards of
accuracy, relevance, completeness, and timeliness;
(vi) the auditing and security measures to protect against
unauthorized access, analysis, use, or modification of data
in such databases;
(vii) applicable mechanisms by which individuals may secure
timely redress for any adverse consequences wrongfully
incurred due to the access, analysis, or use of such
databases;
(viii) mechanisms, if any, for the enforcement and
independent oversight of existing or planned procedures,
policies, or guidelines; and
(ix) an outline of enforcement mechanisms for
accountability to protect individuals and the public against
unlawful or illegitimate access or use of databases.
(c) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on the Judiciary of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(2) The term ``database'' means any collection or grouping
of information about individuals that contains personally
identifiable information about individuals, such as
individual's names, or identifying numbers, symbols, or other
identifying particulars associated with individuals, such as
fingerprints, voice prints, photographs, or other biometrics.
The term does not include telephone directories or
information publicly available on the Internet without fee.
______

SA 3734. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

[[Page S9858]]

At the appropriate place insert the following:

TITLE ___

SECTION 1. SHORT TITLE.

This title may be cited as the ``Terrorism Victim
Compensation Equity Act''.

SEC. 2. REFERENCES.

Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered a reference to the September
11th Victim Compensation Fund of 2001 (Public Law 107-42; 49
U.S.C. 40101 note).

SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.

(a) Definitions.--Section 402(4) is amended by inserting
``, related to the bombings of United States embassies in
East Africa on August 7, 1998, related to the attack on the
U.S.S. Cole on October 12, 2000, or related to the attack on
the World Trade Center on February 26, 1993'' before the
period.
(b) Purpose.--Section 403 is amended by inserting `` or
killed as a result of the bombings of United States embassies
in East Africa on August 7, 1998, the attack on the U.S.S.
Cole on October 12, 2000, or the attack on the World Trade
Center on February 26, 1993'' before the period.
(c) Determination of Eligibility for Compensation.--
(1) Claim form contents.--Section 405(a)(2)(B) is amended--
(A) in clause (i), by inserting ``, the bombings of United
States embassies in East Africa on August 7, 1998, the attack
on the U.S.S. Cole on October 12, 2000, or the attack on the
World Trade Center on February 26, 1993'' before the
semicolon;
(B) in clause (ii), by inserting ``or bombings'' before the
semicolon; and
(C) in clause (iii), by inserting ``or bombings'' before
the period.
(2) Limitation.--Section 405(a)(3) is amended by striking
``2 years'' and inserting ``4 years''.
(3) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``, the bombings of United States embassies in
East Africa on August 7, 1998, the attack on the U.S.S. Cole
on October 12, 2000, or the attack on the World Trade Center
on February 26, 1993'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2)(A) is amended--
(i) in clause (i), by inserting ``, was present at the
United States Embassy in Nairobi, Kenya, or the United States
Embassy in Dar es Salaam, Tanzania, at the time, or in the
immediate aftermath, of the bombings of United States
embassies in East Africa on August 7, 1998, was on the U.S.S.
Cole on October 12, 2000, or was present at the World Trade
Center on February 26, 1993 at the time of the bombings of
that building'' before the semicolon; and
(ii) by striking clause (ii) and inserting the following:
``(ii) suffered death as a result of such an air crash or
suffered death as a result of such a bombing;''.
(B) Requirements.--Section 405(c)(3) is amended--
(i) in the heading for subparagraph (B) by inserting
``relating to september 11th terrorist acts'' before the
period; and
(ii) by adding at the end the following:
``(C) Limitation on civil action relating to other
terrorist acts.--
``(i) In general.--Upon the submission of a claim under
this title, the claimant involved waives the right to file a
civil action (or to be a party to an action) in any Federal
or State court for damages sustained by the claimant as a
result of the bombings of United States embassies in East
Africa on August 7, 1998, the attack on the U.S.S. Cole on
October 12, 2000, or the attack on the World Trade Center on
February 26, 1993. The preceding sentence does not apply to a
civil action to recover any collateral source obligation
based on contract, or to a civil action against any person
who is a knowing participant in any conspiracy to commit any
terrorist act.
``(ii) Pending actions.--In the case of an individual who
is a party to a civil action described in clause (i), such
individual may not submit a claim under this title unless
such individual withdraws from such action by the date that
is 90 days after the date on which regulations are
promulgated under section 4 of the Terrorism Victim
Compensation Equity Act.
``(D) Individuals with prior compensation.--
``(i) In general.--Subject to clause (ii), an individual is
not an eligible individual for purposes of this subsection if
the individual, or the estate of that individual, has
received any compensation from a civil action or settlement
based on tort related to the bombings of United States
embassies in East Africa on August 7, 1998, the attack on the
U.S.S. Cole on October 12, 2000, or the attack on the World
Trade Center on February 26, 1993.
``(ii) Exception.--Clause (i) shall not apply to
compensation received from a civil action against any person
who is a knowing participant in any conspiracy to commit any
terrorist act.
``(E) Victims of bombings of united states embassies in
east africa.--An individual who suffered death as a result of
a bombing or attack described in subparagraph (C)(i) shall
not be an eligible individual by reason of that bombing or
attack, unless that individual is or was a United States
citizen.''.
(C) Ineligibility of participants and conspirators.--
Section 405(c) is amended by adding at the end the following:
``(4) Ineligibility of participants and conspirators.--An
individual, or a representative of that individual, shall not
be eligible to receive compensation under this title if that
individual is identified by the Attorney General to have been
a participant or conspirator in the bombings of United States
embassies in East Africa on August 7, 1998, the attack on the
U.S.S. Cole on October 12, 2000, or the attack on the World
Trade Center on February 26, 1993.''.
(D) Eligibility of members of the uniformed services.--
Section 405(c) (as amended by subparagraph (C)) is further
amended by adding at the end the following:
``(5) Eligibility of members of the uniformed services.--An
individual who is a member of the uniformed services shall
not be excluded from being an eligible individual by reason
of being such a member.''.

SEC. 4. REGULATIONS.

Not later than 90 days after the date of enactment of this
Act, the Attorney General, in consultation with the Special
Master, shall promulgate regulations to carry out the
amendments made by this Act, including regulations with
respect to--
(1) forms to be used in submitting claims under this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this Act; and
(5) other matters determined appropriate by the Attorney
General.

SEC. 5. EFFECTIVE DATE.

The amendments made by this Act shall take effect as if
enacted as part of the September 11th Victims Compensation
Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note).
______

SA 3735. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. NATIONWIDE INTEROPERABLE BROADBAND MOBILE
COMMUNICATIONS NETWORK.

(a) In General.--Not later than June 1, 2005, the Secretary
of Homeland Security shall develop technical and operational
specifications and protocols for a nationwide interoperable
broadband mobile communications network (referred to in this
section as the ``Network'') to be used by Federal, State, and
local public safety and homeland security personnel.
(b) Consultation and Use of Existing Technologies.--In
developing the Network, the Secretary of Homeland Security
shall--
(1) seek input from representatives of the user communities
regarding the operation and administration of the Network;
and
(2) make use of existing commercial wireless technologies
to the greatest extent practicable.
(c) Spectrum Allocation.--
(1) Plan.--The Assistant Secretary for Communications and
Information, acting as the Administrator of the National
Telecommunications and Information Administration (referred
to in this section as the ``Administrator''), in cooperation
with the Federal Communications Commission, other Federal
agencies with responsibility for managing radio frequency
spectrum, and the Secretary of Homeland Security, shall
develop, not later than June 1, 2005, a plan to dedicate
sufficient radio frequency spectrum for the Network.
(2) Source of spectrum.--The spectrum dedicated under
paragraph (1)--
(A) may be reclaimed from existing Federal, State, or local
public safety users;
(B) may be comprised of spectrum which is not currently
being utilized; or
(C) may be comprised of any combination of spectrum
described in subparagraphs (A) and (B).
(d) Reporting Requirement.--Not later than January 31,
2005, the Administrator, in consultation with the Secretary
of Homeland Security, shall submit a report to Congress
that--
(1) describes any statutory changes that are necessary to
deploy the Network;
(2) identifies the required spectrum allocation for the
Network; and
(3) describes the progress made in carrying out the
provisions of this section.
______

SA 3736. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 4, strike lines 10 through 16 and insert the
following:
(3) The term ``counterintelligence'' means information
gathered, and activities conducted to protect against--
(A) international terrorist activities;
(B) espionage, economic espionage, other intelligence
activities, the proliferation of

[[Page S9859]]

weapons of mass destruction, racketeering, international
narcotics trafficking, unauthorized computer access,
sabotage, or assassination conducted by or on behalf of any
foreign government or element thereof, foreign organization,
or foreign person; or
(C) any other criminal activities involved in or related to
such threats to the national security.
On page 6, strike lines 7 through 18 and insert the
following:
(5) The terms ``national intelligence'' and ``intelligence
related to the national security'' each refer to all
intelligence (regardless of the source from which derived,
including information gathered within or without the United
States) that pertains to more than one department or agency
of the United States Government and that involves--
(A) threats to the United States, its people, property, or
interests;
(B) activities associated with the development,
proliferation, or use of weapons of mass destruction; or
(C) any other matter bearing on the national security or
homeland security of the United States.

On page 196, beginning on line 20, strike ``FOREIGN
INTELLIGENCE AND COUNTERINTELLIGENCE'' and insert ``FOREIGN
INTELLIGENCE, COUNTERINTELLIGENCE, AND NATIONAL
INTELLIGENCE''.

On page 197, strike lines 4 through 7 and insert the
following:
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) The term `counterintelligence' means information
gathered, and activities conducted to protect against--
``(A) international terrorist activities;
``(B) espionage, economic espionage, other intelligence
activities, the proliferation of weapons of mass destruction,
racketeering, international narcotics trafficking,
unauthorized computer access, sabotage, or assassination
conducted by or on behalf of any foreign government or
element thereof, foreign organization, or foreign person; or
``(C) any other criminal activities involved in or related
to such threats to the national security.''; and
(3) by striking paragraph (5) and insert the following new
paragraph (5):
``(5) The terms `national intelligence' and `intelligence
related to the national security' each refer to all
intelligence (regardless of the source from which derived,
including information gathered within or without the United
States) that pertains to more than one department or agency
of the United States Government and that involves--
``(A) threats to the United States, its people, property,
or interests;
``(B) activities associated with the development,
proliferation, or use of weapons of mass destruction; or
``(C) any other matter bearing on the national security or
homeland security of the United States.''.
______

SA 3737. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 6, strike lines 21 through 23 and insert the
following:
(A)(i) refers to all national intelligence programs,
projects, and activities of the elements of the intelligence
community, including (but not limited to) all programs,
projects, and activities of the elements of the intelligence
community that are within the National Foreign Intelligence
Program as of the date of the enactment of this Act;
______

SA 3738. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 7, beginning on line 18, strike ``, including any
program, project, or activity of the Defense Intelligence
Agency that is not part of the National Foreign Intelligence
Program as of the date of the enactment of this Act,''.
______

SA 3739. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 17, between lines 19 and 20, insert the following:
(11) direct an element or elements of the intelligence
community to conduct competitive analysis of analytic
productions, particularly products having national
importance;
(12) implement policies and procedures to encourage sound
analytic methods and tradecraft throughout the elements of
the intelligence community and to ensure that the elements of
the intelligence community regularly conduct competitive
analysis of analytic products, whether such products are
produced by or disseminated to such elements;
On page 17, line 20, strike ``(11)'' and insert ``(13)''.
On page 17, line 22, strike ``(12)'' and insert ``(14)''.
On page 18, line 1, strike ``(13)'' and insert ``(15)''.
On page 18, between lines 3 and 4, insert the following:
(16) ensure that intelligence (including unevaluated
intelligence), the source of such intelligence, and the
method used to collect such intelligence is disseminated in a
timely and efficient manner that promotes comprehensive all-
source analysis by appropriately cleared officers and
employees of the United States Government, notwithstanding
the element of the intelligence community that collected such
intelligence or the location of such collection;
On page 18, line 4, strike ``(14)'' and insert ``(17)''.
On page 18, line 7, strike ``(15)'' and insert ``(18)''.
On page 18, line 14, strike ``(16)'' and insert ``(19)''.
On page 18, line 17, strike ``(17)'' and insert ``(20)''.
On page 18, line 20, strike ``(18)'' and insert ``(21)''.
On page 19, line 5, strike ``(19)'' and insert ``(22)''.
On page 19, line 7, strike ``(20)'' and insert ``(23)''.
On page 20, strike lines 12 through 14 and insert the
following:

shall have access to all intelligence and, consistent with
subsection (k), any other information which is collected by,
possessed by, or under the control of any department, agency,
or other element of the United States Government when
necessary to carry out the duties and responsibilities of the
Director under this Act or any other provision of law.
On page 31, line 1, strike ``112(a)(16)'' and insert
``112(a)(19)''.
On page 31, strike line 22 and insert the following:

ensures information-sharing, including direct, continuous,
and automated access to unevaluated intelligence data in its
earliest understandable form.
On page 32, beginning on line 3, strike ``information-
sharing'' and all that follows through line 4 and insert
``information-sharing, including direct, continuous, and
automated access to unevaluated intelligence data in its
earliest understandable form.''.
On page 32, line 16, insert ``and Analysis'' after
``Collection''.
On page 32, line 19, insert ``and analysis'' after
``collection''.
On page 32, beginning on line 21, strike ``the head of each
element of the intelligence community'' and insert ``the head
of any department, agency, or element of the United States
Government, and the components and programs thereof,''.
On page 56, line 20, strike ``(15) and (16)'' and insert
``(18) and (19)''.
On page 194, line 9, strike ``112(a)(11)'' and insert
``112(a)(13)''.
On page 195, line 16, strike ``112(a)(11)'' and insert
``112(a)(13)''.
On page 195, line 23, strike ``112(a)(11)'' and insert
``112(a)(13)''.
On page 196, line 7, strike ``112(a)(11)'' and insert
``112(a)(13)''.
______

SA 3740. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 9 line 13, insert ``and intelligence'' after
``counterterrorism''.
______

SA 3741. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 23, line 1, strike ``may require modifications''
and insert ``may modify, or may require modifications,''.
______

SA 3742. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 28, line 17, strike ``or'' and insert ``and''.
On page 33, between lines 2 and 3, insert the following:

SEC. 114. FUNDING OF INTELLIGENCE ACTIVITIES.

(a) Funding of Activities.--(1) Notwithstanding any other
provision of law, appropriated funds available to an
intelligence agency may be obligated or expended for an
intelligence or intelligence-related activity only if--
(A) those funds were specifically authorized by the
Congress for use for such activities;
(B) in the case of funds from the Reserve for Contingencies
of the National Intelligence Director, and consistent with
the

[[Page S9860]]

provisions of section 503 of the National Security Act of
1947 (50 U.S.C. 413b) concerning any significant anticipated
intelligence activity, the National Intelligence Director has
notified the appropriate congressional committees of the
intent to make such funds available for such activity; or
(C) in the case of funds specifically authorized by the
Congress for a different activity--
(i) the activity to be funded is a higher priority
intelligence or intelligence-related activity; and
(ii) the National Intelligence Director, the Secretary of
Defense, or the Attorney General, as appropriate, has
notified the appropriate congressional committees of the
intent to make such funds available for such activity.
(2) Nothing in this subsection prohibits the obligation or
expenditure of funds available to an intelligence agency in
accordance with sections 1535 and 1536 of title 31, United
States Code.
(b) Applicability of Other Authorities.--Notwithstanding
any other provision of this Act, appropriated funds available
to an intelligence agency may be obligated or expended for an
intelligence, intelligence-related, or other activity only if
such obligation or expenditure is consistent with subsections
(b), (c), and (d) of section 504 of the National Security Act
of 1947 (50 U.S.C. 414).
(c) Definitions.--In this section:
(1) The term ``intelligence agency'' means any department,
agency, or other entity of the United States involved in
intelligence or intelligence-related activities.
(2) The term ``appropriate congressional committees''
means--
(A) the Permanent Select Committee on Intelligence and the
Committee on Appropriations of the House of Representatives;
and
(B) the Select Committee on Intelligence and the Committee
on Appropriations of the Senate.
(3) The term ``specifically authorized by the Congress''
means that--
(A) the activity and the amount of funds proposed to be
used for that activity were identified in a formal budget
request to the Congress, but funds shall be deemed to be
specifically authorized for that activity only to the extent
that the Congress both authorized the funds to be
appropriated for that activity and appropriated the funds for
that activity; or
(B) although the funds were not formally requested, the
Congress both specifically authorized the appropriation of
the funds for the activity and appropriated the funds for the
activity.
On page 33, line 3, strike ``114.'' and insert ``115.''.
On page 35, line 1, strike ``115.'' and insert ``116.''.
On page 38, line 21, strike ``116.'' and insert ``117.''.
On page 40, line 10, strike ``117.'' and insert ``118.''.
On page 43, line 1, strike ``118.'' and insert ``119.''.
On page 200, between line 18 and 19, insert the following:

SEC. 309. CONFORMING AMENDMENT ON FUNDING OF INTELLIGENCE
ACTIVITIES.

Section 504(a)(3) of the National Security Act of 1947 (50
U.S.C. 414(a)(3)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
On page 200, line 19, strike ``309.'' and insert ``310.''.
On page 201, line 11, strike ``310.'' and insert ``311.''.
On page 203, line 9, strike ``311.'' and insert ``312.''.
On page 204, line 1, strike ``312.'' and insert ``313.''.
______

SA 3743. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 32, beginning on line 8, strike ``oversee and
direct'' and all that follows through line 10 and insert
``direct and coordinate''.
On page 32, between lines 19 and 20, insert the following:
(k) Human Intelligence Oversight and Coordination.--The
National Intelligence Director shall--
(1) ensure the efficient and effective collection of
national intelligence through human sources;
(2) provide overall direction for and coordinate the
collection of national intelligence through human sources by
elements of the intelligence community authorized to
undertake such collection; and
(3) coordinate with other departments, agencies, and
elements of the United States Government which are authorized
to undertake such collection and ensure that the most
effective use is made of the resources of such departments,
agencies, and elements with respect to such collection, and
resolve operational conflicts regarding such collection.
On page 32, line 20, strike ``(k)'' and insert ``(l)''.
On page 43, after line 20, add the following:
(e) Termination.--Upon the transfer under subsection (d) of
all unobligated balances of the Reserve for Contingencies of
the Central Intelligence Agency, the Reserve for
Contingencies of the Central Intelligence Agency shall be
terminated.
On page 179, strike lines 1 through 4 and insert the
following:
``(b) Supervision.--(1) The Director of the Central
Intelligence Agency shall be under the direction,
supervision, and control of the National Intelligence
Director.
``(2) The Director of the Central Intelligence Agency shall
report directly to the National Intelligence Director
regarding the activities of the Central Intelligence Agency.
On page 179, line 20, add ``and'' at the end.
On page 179, strike line 21 and all that follows through
page 180, line 6.
On page 180, line 7, strike ``(4)'' and insert ``(3)''.
On page 181, strike lines 1 through 10.
______

SA 3744. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 28, line 17, strike ``or'' and insert ``and''.
On page 112, beginning on line 12, strike ``Committee on
Governmental Affairs of the Senate and the Committee on
Government Reform of the House of Representatives'' and
insert ``Select Committee on Intelligence and the Committee
on Governmental Affairs of the Senate and the Permanent
Select Committee on Intelligence and the Committee on
Government Reform of the House of Representatives''.
On page 172, strike line 18 and all that follows through
page 174, line 23, and insert the following:

SEC. 224. COMMUNICATIONS WITH CONGRESS.

______

SA 3745. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 42, strike lines 4 through 9 and insert the
following:
(B) The Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection.
(C) The Assistant Secretary of State for Intelligence and
Research.
(D) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
(E) The Assistant Secretary for Terrorist Financing of the
Department of the Treasury.
(F) The Director of the Defense Intelligence Agency.
(G) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation.
(H) The Executive Assistant Director for Counterterrorism
and Counterintelligence of the Federal Bureau of
Investigation.
(I) The Director of the Office of Intelligence of the
Department of Energy.
(J) The Director of the Office of Counterintelligence of
the Department of Energy.
(K) The Assistant Commandant of the Coast Guard for
Intelligence.
______

SA 3746. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 32, between lines 19 and 20, insert the following:
(k) Termination or Reassignment of Officers and Employees
Within National Intelligence Program.--(1)(A) Notwithstanding
any other provision of law, the National Intelligence
Director may, at the discretion of the Director, terminate
the employment of any civilian officer or employee of any
element of the intelligence community within the National
Intelligence Program whenever the Director considers the
termination of employment of such officer or employee
necessary or advisable in the interests of the United States.
(B) Any termination of employment of an officer or employee
under subparagraph (A) shall not affect the right of the
officer or employee to seek or accept employment in any
department or agency of the United States Government if
declared eligible for such employment by the Office of
Personnel Management.
(2) The Secretary of Defense shall, upon the request of the
Director, reassign any member of the Armed Forces serving in
a position in an element of the intelligence community within
the National Intelligence Program to a position outside the
National Intelligence Program whenever the Director considers
the reassignment of such member necessary or advisable in the
interests of the United States.
(3) Before taking any action under paragraph (1) or (2),
the Director shall provide reasonable notice to the head of
the element

[[Page S9861]]

of the intelligence community to which the civilian officer
or employee concerned, or member of the Armed Forces
concerned, is assigned. The head of the element of the
intelligence community concerned may recommend alternative
actions to termination or reassignment, and the Director may
take such recommendations into account in taking any such
action.
(4) The Director may delegate an authority of the Director
under this subsection only to the Principal Deputy National
Intelligence Director.
(5) Any action of the Director, or the delegee of the
Director, under this subsection shall not be subject to
judicial review.
On page 32, line 20, strike ``(k)'' and insert ``(l)''.
______

SA 3747. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 43, after line 20, add the following:

SEC. 119. ADMINISTRATIVE AUTHORITIES.

(a) Exercise of Administrative Authorities.--
Notwithstanding any other provision of law, the National
Intelligence Director may exercise with respect to the
National Intelligence Authority any authority of the Director
of the Central Intelligence Agency with respect to the
Central Intelligence Agency under a provision of the Central
Intelligence Agency Act of 1949 specified in subsection (c).
(b) Delegation of Administrative Authorities.--
Notwithstanding any other provision of law, the National
Intelligence Director may delegate to the head of any other
element of the intelligence community with a program,
project, or activity within the National Intelligence Program
for purposes of such program, project or activity any
authority of the Director of the Central Intelligence Agency
with respect to the Central Intelligence Agency under a
provision of the Central Intelligence Agency Act of 1949
specified in subsection (c).
(c) Specified Authorities.--The authorities of the Director
of the Central Intelligence Agency specified in this
subsection are the authorities under the Central Intelligence
Agency Act of 1949 as follows:
(1) Section 3 (50 U.S.C. 403c), relating to procurement.
(2) Section 4 (50 U.S.C. 403e), relating to travel
allowances and related expenses.
(3) Section 5 (50 U.S.C. 403f), relating to administration
of funds.
(4) Section 6 (50 U.S.C. 403g), relating to exemptions from
certain information disclosure requirements.
(5) Section 8 (50 U.S.C. 403j), relating to availability of
appropriations.
(6) Section 11 (50 U.S.C. 403k), relating to payment of
death gratuities.
(7) Section 12 (50 U.S.C. 403l), relating to acceptance of
gifts, devises, and bequests.
(8) Section 21 (50 U.S.C. 403u), relating to operation of a
central services program.
(d) Exercise of Delegated Authority.--Notwithstanding any
other provision of law, the head of an element of the
intelligence community delegated an authority under
subsection (b) with respect to a program, project, or
activity may exercise such authority with respect to such
program, project, or activity to the same extent that the
Director of the Central Intelligence Agency may exercise such
authority with respect to the Central Intelligence Agency.
On page 108, line 12, strike ``(1)''.
On page 108, line 19, strike ``(2)'' and insert ``(b)
Deposit of Proceeds.--''.
On page 108, strike line 23 and all that follows through
page 109, line 3.
______

SA 3748. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 78, line 19, insert ``regular and detailed'' before
``reviews''.
On page 79, strike lines 1 and 2 and insert the following:

spolitical considerations, based upon all sources available
to the intelligence community, and performed in a manner
consistent with sound analytic methods and tradecraft,
including reviews for purposes of determining whether or
not--
(A) such product or products state separately, and
distinguish between, the intelligence underlying such product
or products and the assumptions and judgments of analysts
with respect to the intelligence and such product or
products;
(B) such product or products describe the quality and
reliability of the intelligence underlying such product or
products;
(C) such product or products present and explain
alternative conclusions, if any, with respect to the
intelligence underlying such product or products;
(D) such product or products characterizes the
uncertainties, if any, and the confidence in such product or
products; and
(E) the analyst or analysts responsible for such product or
products had appropriate access to intelligence information
from all sources, regardless of the source of the
information, the method of collection of the information, the
elements of the intelligence community that collected the
information, or the location of such collection.
On page 80, line 1, insert ``(A)'' after ``(5)''.
On page 80, line 3, strike ``, upon request,''.
On page 80, between lines 5 and 6, insert the following:
(B) The results of the evaluations under paragraph (4)
shall also be distributed as appropriate throughout the
intelligence community as a method for training intelligence
community analysts and promoting the development of sound
analytic methods and tradecraft. To ensure the widest
possible distribution of the evaluations, the Analytic Review
Unit shall, when appropriate, produce evaluations at multiple
classification levels.
(6) Upon completion of the evaluations under paragraph (4),
the Ombudsman may make recommendations to the National
Intelligence Director, and to the heads of the elements of
the intelligence community, for such personnel actions as the
Ombudsman considers appropriate in light of the evaluations,
including awards, commendations, reprimands, additional
training, or disciplinary action.
On page 80, line 6, strike ``Information.--'' and insert
``Information and Personnel.--(1)''.
On page 80, line 8, insert ``, the Analytic Review Unit,
and other staff of the Office of the Ombudsman of the
National Intelligence Authority'' after ``Authority''.
On page 80 line 10, insert ``operational and'' before
``field reports''.
On page 80, between lines 13 and 14, insert the following:
(2) The Ombudsman, the Analytic Review Unit, and other
staff of the Office shall have access to any employee, or any
employee of a contractor, of the intelligence community whose
testimony is needed for the performance of the duties of the
Ombudsman.
______

SA 3749. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 51, strike lines 19 through 24 and insert the
following:
(c) Scope of Position.--(1) The General Counsel of the
National Intelligence Authority is the chief legal officer of
the National Intelligence Authority and the National
Intelligence Program and for the relationships between any
element of the intelligence community within the National
Intelligence Program and any other element of the
intelligence community.
(2) The General Counsel shall, in coordination with the
Attorney General, serve as the chief legal authority of the
executive branch on the effect on intelligence and
intelligence-related activities of the United States
Government of the Constitution, laws, regulations, Executive
orders and implementing guidelines of the United States and
of any other law, regulation, guidance, policy, treaty, or
international agreement.
(d) Duties and Responsibilities.--The General Counsel of
the National Intelligence Authority shall--
(1) assist the National Intelligence Director in carrying
out the responsibilities of the Director to ensure that--
(A) the intelligence community is operating as authorized
by the Constitution and all laws, regulations, Executive
orders, and implementing guidelines of the United States;
(B) the intelligence community is operating in compliance
with any directives, policies, standards, and guidelines
issued by the Director; and
(C) the intelligence community has all authorities
necessary to provide timely and relevant intelligence
information to the President, other policymakers, and
military commanders;
(2) coordinate the legal programs of the elements of the
intelligence community within the National Intelligence
Program;
(3) coordinate with the Department of Justice to ensure
that the activities of the intelligence community are
consistent with the obligations of the Constitution and all
laws, regulations, Executive orders, and implementing
guidelines of the United States;
(4) in consultation with the Department of Justice,
interpret, and resolve all conflicts in the interpretation or
application of, the Constitution and all laws, regulations,
Executive orders, and implementing guidelines of the United
States to the intelligence and intelligence-related
activities of the United States Government;
(5) recommend to the Director directives, policies,
standards, and guidelines relating to the activities of the
intelligence community;
(6) review, on an annual basis, in coordination with the
heads of the elements of the intelligence community, the
legal programs of each element of the intelligence community
to determine if charges or modifications to authorities under
such programs are required;
(7) provide legal guidance, which shall be dispositive
within the executive branch, to the Department of State, the
Department of Justice, and other departments, agencies, and
elements of the United States Government on the effect of the
implementation

[[Page S9862]]

and interpretation of treaties and other international
agreements on the intelligence and intelligence-related
activities of the United States Government; and
(8) perform such other duties as the Director may specify.
On page 53, line 8, insert ``in consultation with the
General Counsel of the National Intelligence Authority,''.
______

SA 3750. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 87, line 16, strike ``and'' at the end.
On page 87 between lines 16 and 17, insert the following:
(D) ensure that intelligence (including unevaluated
intelligence) concerning suspected terrorists, their
organizations, and their capabilities, plans, and intentions,
the source of such intelligence, and the method used to
collect such intelligence is disseminated in a timely and
efficient manner that promotes comprehensive all-source
analysis with the Directorate and by appropriately cleared
officers and employees of the United States Government,
notwithstanding the element of the intelligence community
that collected such intelligence or the location of such
collection;
(E) conduct, or direct through the National Intelligence
Director an element or elements of the intelligence community
to conduct, competitive analyses of intelligence products
relating to suspected terrorists, their organizations, and
their capabilities, plans, and intentions, particularly
products having national importance;
(F) implement policies and procedures to encourage
coordination by all elements of the intelligence community
that conduct analysis of intelligence regarding terrorism of
all Directorate products of national importance and, as
appropriate, other products, before their final
dissemination;
(G) ensure the dissemination of Directorate intelligence
products to the President, to Congress, to the heads of other
departments and agencies of the executive branch, to the
Chairman of the Joint Chiefs of Staff and senior military
commanders, and to such other persons or entities as the
President shall direct; and
On page 87, line 17, strike ``(D)'' and insert ``(H)''.
On page 96, line 16, strike ``foreign''.
______

SA 3751. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 200, strike lines 5 through 11 and insert the
following:

SEC. 307. CONFORMING AMENDMENTS ON RESPONSIBILITIES OF
SECRETARY OF DEFENSE PERTAINING TO NATIONAL
INTELLIGENCE PROGRAM.

Section 105(a) of the National Security Act of 1947 (50
U.S.C. 403-5(a)) is amended--
(1) in paragraph (1), by striking ``ensure'' and inserting
``assist the Director in ensuring''; and
(2) in paragraph (2), by striking ``appropriate''.
______

SA 3752. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 32, between lines 15 and 16, insert the following:
(k) Human Intelligence Oversight and Coordination.--The
National Intelligence Director shall--
(1) ensure the efficient and effective collection of
national intelligence through human sources;
(2) provide overall direction for and coordinate the
collection of national intelligence through human sources by
elements of the intelligence community authorized to
undertake such collection; and
(3) coordinate with other departments, agencies, and
elements of the United States Government which are authorized
to undertake such collection and ensure that the most
effective use is made of the resources of such departments,
agencies, and elements with respect to such collection, and
resolve operational conflicts regarding such collection.
On page 32, line 20, strike ``(k)'' and insert ``(l)''.
On page 179, strike line 21 and all that follows through
page 180, line 6.
______

SA 3753. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 32, beginning on line 8, strike ``oversee and
direct'' and all that follows through line 10 and insert
``direct and coordinate''.
On page 181, strike lines 1 through 10.
______

SA 3754. Mr. ROBERTS submitted an amendment intended to be proposed
by him to the bill S. 2845, to reform the intelligence community and
the intelligence and intelligence-related activities of the United
States Government, and for other purposes; which was ordered to lie on
the table; as follows:

On page 20, between lines 3 and 4, insert the following:
(d) Responsibility for Performance of Specific Functions.--
In carrying out responsibilities under this section, the
National Intelligence Director shall ensure--
(1) through the National Security Agency (except as
otherwise directed by the President or the National Security
Council), the continued operation of an effective unified
organization for the conduct of signals intelligence
activities and shall ensure that the product is disseminated
in a timely manner to authorized recipients;
(2) through the Defense Intelligence Agency (except as
otherwise directed by the President or the National Security
Council), effective management of human intelligence
activities (other than activities of the defense attaches,
which shall remain under the direction of the Secretary of
Defense) and other national intelligence collection
activities performed by the Defense Intelligence Agency;
(3) through the National Geospatial-Intelligence Agency
(except as otherwise directed by the President or the
National Security Council), with appropriate representation
from the intelligence community, the continued operation of
an effective unified organization--
(A) for carrying out tasking of imagery collection;
(B) for the coordination of imagery processing and
exploitation activities;
(C) for ensuring the dissemination of imagery in a timely
manner to authorized recipients; and
(D) notwithstanding any other provision of law and
consistent with the policies, procedures, standards, and
other directives of the National Intelligence Director and
the Chief Information Officer of the National Intelligence
Authority, for--
(i) prescribing technical architecture and standards
related to imagery intelligence and geospatial information
and ensuring compliance with such architecture and standards;
and
(ii) developing and fielding systems of common concern
related to imagery intelligence and geospatial information;
and
(4) through the National Reconnaissance Office (except as
otherwise directed by the President or the National Security
Council), the continued operation of an effective unified
organization for the research, development, acquisition, and
operation of overhead reconnaissance systems necessary to
satisfy the requirements of all elements of the intelligence
community.
(e) National Intelligence Collection.--The National
Intelligence Director shall--
(1) ensure the efficient and effective collection of
national intelligence using technical means, human sources,
and other lawful techniques;
(2) provide overall direction for and coordinate the
collection of national intelligence through human sources by
elements of the intelligence community authorized to
undertake such collection; and
(3) coordinate with other departments, agencies, and
elements of the United States Government which are authorized
to undertake such collection and ensure that the most
effective use is made of the resources of such departments,
agencies, and elements with respect to such collection, and
resolve operational conflicts regarding such collection.
On page 20, line 4, strike ``(d)'' and insert ``(f)''.
On page 32, beginning on line 8, strike ``oversee and
direct'' and all that follows through line 10 and insert
``direct and coordinate''.
On page 179, strike lines 1 through 4 and insert the
following:
``(b) Supervision.--(1) The Director of the Central
Intelligence Agency shall be under the direction,
supervision, and control of the National Intelligence
Director.
``(2) The Director of the Central Intelligence Agency shall
report directly to the National Intelligence Director
regarding the activities of the Central Intelligence Agency.
On page 179, line 20, add ``and'' at the end.
On page 179, strike line 21 and all that follows through
page 180, line 6.
On page 180, line 7, strike ``(4)'' and insert ``(3)''.
On page 181, strike lines 1 through 10.
On page 200, strike lines 5 through 11 and insert the
following:

SEC. 307. CONFORMING AMENDMENTS ON RESPONSIBILITIES OF
SECRETARY OF DEFENSE PERTAINING TO NATIONAL
INTELLIGENCE PROGRAM.

Section 105 of the National Security Act of 1947 (50 U.S.C.
403-5) is amended--
(1) in subsection (a)(1), by striking ``ensure'' and
inserting ``assist the Director in ensuring''; and
(2) in subsection (b)--
(A) by striking paragraphs (1), (2), and (3);

[[Page S9863]]

(B) by redesignating paragraphs (4), (5), and (6) as
paragraphs (1), (2), and (3) respectively;
(C) in paragraph (1), as so redesignated, by striking ``or
the National Security Council)'' and inserting ``, the
National Security Council, or the National Intelligence
Director (when exercising the responsibilities and
authorities provided under this Act, the National
Intelligence Reform Act of 2004, or any other provision of
law))''; and
(D) in paragraph (2), as so redesignated, by striking
``Department of Defense human intelligence activities,
including''.

____________________