S.Amdt. 3854

TEXT OF AMENDMENTS

SA 3794. Mr. GRAHAM of Florida submitted an amendment intended to be
proposed by him to the bill S. 2845, to reform the intelligence
community

[[Page S10078]]

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, line 14, insert before the period the
following: ``, whether expressed in terms of geographic
region, in terms of function, or in other terms''.
On page 95, line 3, insert after the period the following:
``Each notice on a center shall set forth the mission of such
center, the area of intelligence responsibility of such
center, and the proposed structure of such center.''.
On page 96, line 7, insert ``of the center and the
personnel of the center'' after ``control''.
On page 96, between lines 8 and 9, insert the following:
(5) If the Director of a national intelligence center
determines at any time that the authority, direction, and
control of the Director over the center is insufficient to
accomplish the mission of the center, the Director shall
promptly notify the National Intelligence Director of that
determination.
On page 96, strike line 15 and all that follows through
page 97, line 2, and insert the following:
(1) develop and unify a strategy for the collection and
analysis of all-source intelligence;
(2) integrate intelligence collection and analysis, both
inside and outside the United States;
(3) develop interagency plans for the integration of the
collection and analysis of all-source intelligence, which
plans shall--
(A) involve more than one department, agency, or element of
the executive branch (unless otherwise directed by the
President); and
(B) include the mission, objectives to be achieved, courses
of action, coordination of agencies operational activities,
parameters for such courses of action, recommendations for
operational plans, and assignment of departmental or agency
responsibilities;
(4) ensure that the collection of all-source intelligence
and the conduct of operations are informed by the analysis of
all-source intelligence; and
On page 99, between lines 20 and 21, insert the following:
(g) Review and Modification of Centers.--(1) Not less often
than once each year, the National Intelligence Director shall
review the area of intelligence responsibility assigned to
each national intelligence center under this section in order
to determine whether or not such area of responsibility
continues to meet intelligence priorities established by the
National Security Council.
(2) Not less often than once each year, the National
Intelligence Director shall review the staffing and
management of each national intelligence center under this
section in order to determine whether or not such staffing or
management remains appropriate for the accomplishment of the
mission of such center.
(3) The National Intelligence Director may at any time
recommend to the President a modification of the area of
intelligence responsibility assigned to a national
intelligence center under this section. The National
Intelligence Director shall make any such recommendation
through, and with the approval of, the National Security
Council.
(h) Separate Budget Account.--The National Intelligence
Director shall, in accordance with procedures to be issued by
the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate account for each national
intelligence center under this section.
On page 99, line 21, strike ``(g)'' and insert ``(i)''.
______

SA 3795. Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Inouye, and Mr.
Cochran) 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; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. NATIONAL INTELLIGENCE COORDINATOR.

(a) National Intelligence Coordinator.--There is a National
Intelligence Coordinator who shall be appointed by the
President.
(b) Responsibility.--Subject to the direction and control
of the President, the National Intelligence Coordinator shall
have the responsibility for coordinating the performance of
all intelligence and intelligence-related activities of the
United States Government, whether such activities are foreign
or domestic.
(c) Availability of Funds.--Funds shall be available to the
National Intelligence Coordinator for the performance of the
responsibility of the Coordinator under subsection (b) in the
manner provided by law or as directed by the President.
(d) Membership on National Security Council.--The National
Intelligence Coordinator shall be a member of the National
Security Council.
(e) Support.--(1) Any official, office, program, project,
or activity of the Central Intelligence Agency as of the date
of the enactment of this Act that supports the Director of
Central Intelligence in the performance of responsibilities
and authorities as the head of the intelligence community
shall, after that date, support the National Intelligence
Coordination in the performance of the responsibility of the
Coordinator under subsection (b).
(2) Any powers and authorities of the Director of Central
Intelligence under statute, Executive order, regulation, or
otherwise as of the date of the enactment of this Act that
relate to the performance by the Director of responsibilities
and authorities as the head of the intelligence community
shall, after that date, have no further force and effect.
(f) Accountability.--The National Intelligence Coordinator
shall report directly to the President regarding the
performance of the responsibility of the Coordinator under
subsection (b), and shall be accountable to the President
regarding the performance of such responsibility.
______

SA 3796. Mr. KYL (for himself, Mr. Chambliss, and Mr. Domenici)
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 52, strike beginning with line 21 through page 56,
line 8.
On page 154, strike beginning with line 8 through page 160,
line 11 and insert the following:
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and policies
related to efforts to protect the Nation from terrorism,
including the development and adoption of information sharing
guidelines under section 205(g);
(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the
implementation of information sharing guidelines under
section 205(g); and
(C) advise the President and the departments, agencies, and
elements of the executive branch to ensure that privacy and
civil liberties are appropriately considered in the
development and implementation of such legislation,
regulations, policies, and guidelines.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures, and the
implementation of the regulations, policies, and procedures,
of the departments, agencies, and elements of the executive
branch to ensure that privacy and civil liberties are
protected;
(B) the information sharing practices of the departments,
agencies, and elements of the executive branch to determine
whether they appropriately protect privacy and civil
liberties and adhere to the information sharing guidelines
prescribed under section 205(g) and to other governing laws,
regulations, and policies regarding privacy and civil
liberties; and
(C) other actions by the executive branch related to
efforts to protect the Nation from terrorism to determine
whether such actions--
(i) appropriately protect privacy and civil liberties; and
(ii) are consistent with governing laws, regulations, and
policies regarding privacy and civil liberties.
(3) Testimony.--The Members of the Board shall appear and
testify before Congress upon request.
(e) Reports.--
(1) In general.--The Board shall periodically submit, not
less than semiannually, reports--
(A)(i) to the appropriate committees of Congress, including
the Committees on the Judiciary of the Senate and the House
of Representatives, the Committee on Governmental Affairs of
the Senate, the Committee on Government Reform of the House
of Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(ii) to the President; and
(B) which shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the Board
during the preceding period; and
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d).
(f) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this
section, the Board is authorized to--
(A) have access from any department, agency, or element of
the executive branch, or any Federal officer or employee, to
all relevant records, reports, audits, reviews, documents,
papers, recommendations, or other relevant material,
including classified information consistent with applicable
law;
(B) interview, take statements from, or take public
testimony from personnel of any

[[Page S10079]]

department, agency, or element of the executive branch, or
any Federal officer or employee; and
(C) request information or assistance from any State,
tribal, or local government.
(2) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is,
in the judgment of the Board, unreasonably refused or not
provided, the Board may submit a request directly to the head
of the department, agency, or element concerned.
On page 164, strike beginning with line 21 through page
170, line 8.
______

SA 3797. Mr. GRAHAM of Florida proposed an amendment 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 94, line 14, insert before the period the
following: ``, whether expressed in terms of geographic
region, in terms of function, or in other terms''.
On page 95, line 3, insert after the period the following:
``Each notice on a center shall set forth the mission of such
center, the area of intelligence responsibility of such
center, and the proposed structure of such center.''.
On page 96, line 7, insert ``of the center and the
personnel of the center'' after ``control''.
On page 96, between lines 8 and 9, insert the following:
(5) If the Director of a national intelligence center
determines at any time that the authority, direction, and
control of the Director over the center is insufficient to
accomplish the mission of the center, the Director shall
promptly notify the National Intelligence Director of that
determination.
On page 97, between lines 2 and 3 insert the following:
(5) develop and unify strategy for the collection and
analysis of all-source intelligence;
(6) integrate intelligence collection and analysis, both
inside and outside the United States;
(7) at the discretion of the NID develop interagency plans
for the collection of all-source intelligence, which plans
shall--
(A) involve more than one department, agency, or element of
the executive branch (unless otherwise directed by the
President); and
(B) include the mission, objectives to be achieved, courses
of action, parameters for such courses of action,
coordination of agencies intelligence collection activities,
recommendations for intelligence collection plans, and
assignment of departmental or agency responsibilities;
(4) ensure that the collection of all-source intelligence
and the conduct of operations are informed by the analysis of
all-source intelligence; and
On page 99, between lines 20 and 21, insert the following:
(g) Review and Modification of Centers.--(1) Not less often
than once each year, the National Intelligence Director shall
review the area of intelligence responsibility assigned to
each national intelligence center under this section in order
to determine whether or not such area of responsibility
continues to meet intelligence priorities established by the
National Security Council.
(2) Not less often than once each year, the National
Intelligence Director shall review the staffing and
management of each national intelligence center under this
section in order to determine whether or not such staffing or
management remains appropriate for the accomplishment of the
mission of such center.
(3) The National Intelligence Director may at any time
recommend to the President a modification of the area of
intelligence responsibility assigned to a national
intelligence center under this section. The National
Intelligence Director shall make any such recommendation
through, and with the approval of, the National Security
Council.
(h) Separate Budget Account.--The National Intelligence
Director shall, in accordance with procedures to be issued by
the Director in consultation with the congressional
intelligence committees, include in the National Intelligence
Program budget a separate line item for each national
intelligence center under this section.
On page 99, line 21, strike ``(g)'' and insert ``(i)''.
______

SA 3798. 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:

At the appropriate place, insert the following:

SEC. __. URBAN AREA COMMUNICATIONS CAPABILITIES.

Section 510 of the Homeland Security Act of 2002, as added
by this Act, is amended by inserting ``, and shall have
appropriate and timely access to the Information Sharing
Network described in section 206(c) of the National
Intelligence Reform Act of 2004'' after ``each other in the
event of an emergency''.
______

SA 3799. 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 137, line 20, strike ``and'' and all that follows
through ``(9)'' on line 21, and insert the following:
(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)
______

SA 3800. 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:

At the appropriate place insert the following:
Congress makes the following finding: (1) 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.
______

SA 3801. Mr. KYL (for himself and Mr. Chambliss) proposed an
amendment 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 52, strike beginning with line 21 through page 56,
line 8.
On page 154, strike beginning with line 8 through page 160,
line 11 and insert the following:
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and policies
related to efforts to protect the Nation from terrorism,
including the development and adoption of information sharing
guidelines under section 205(g);
(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the
implementation of information sharing guidelines under
section 205(g); and
(C) advise the President and the departments, agencies, and
elements of the executive branch to ensure that privacy and
civil liberties are appropriately considered in the
development and implementation of such legislation,
regulations, policies, and guidelines.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures, and the
implementation of the regulations, policies, and procedures,
of the departments, agencies, and elements of the executive
branch to ensure that privacy and civil liberties are
protected;
(B) the information sharing practices of the departments,
agencies, and elements of the executive branch to determine
whether they appropriately protect privacy and civil
liberties and adhere to the information sharing guidelines
prescribed under section 205(g) and to other governing laws,
regulations, and policies regarding privacy and civil
liberties; and
(C) other actions by the executive branch related to
efforts to protect the Nation from terrorism to determine
whether such actions--
(i) appropriately protect privacy and civil liberties; and
(ii) are consistent with governing laws, regulations, and
policies regarding privacy and civil liberties.
(3) Testimony.--The Members of the Board shall appear and
testify before Congress upon request.
(e) Reports.--
(1) In general.--The Board shall periodically submit, not
less than semiannually, reports--
(A)(i) to the appropriate committees of Congress, including
the Committees on the Judiciary of the Senate and the House
of Representatives, the Committee on Governmental Affairs of
the Senate, the Committee on Government Reform of the House
of Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(ii) to the President; and
(B) which shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the Board
during the preceding period; and

[[Page S10080]]

(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d).
(f) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this
section, the Board is authorized to--
(A) have access from any department, agency, or element of
the executive branch, or any Federal officer or employee, to
all relevant records, reports, audits, reviews, documents,
papers, recommendations, or other relevant material,
including classified information consistent with applicable
law;
(B) interview, take statements from, or take public
testimony from personnel of any department, agency, or
element of the executive branch, or any Federal officer or
employee; and
(C) request information or assistance from any State,
tribal, or local government.
(2) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is,
in the judgment of the Board, unreasonably refused or not
provided, the Board may submit a request directly to the head
of the department, agency, or element concerned.
On page 164, strike beginning with line 21 through page
170, line 8.
______

SA 3802. Mr. LAUTENBERG (for himself, Mrs. Clinton, Mr. Feingold, and
Mr. Corzine) 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; as follows:

At the appropriate place, insert the following:

SEC. __. TERRORIST FINANCING.

(a) Clarification of Certain Actions Under IEEPA.--In any
case in which the President takes action under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to prohibit a United States person from engaging in
transactions with a foreign country, where a determination
has been made by the Secretary of State that the government
of that country has repeatedly provided support for acts of
international terrorism, such action shall apply to any
foreign subsidiaries or affiliate, including any permanent
foreign establishment of that United States person, that is
controlled in fact by that United States person.
(b) Definitions.--In this section:
(1) Controlled in fact.--The term ``is controlled in fact''
includes--
(A) in the case of a corporation, holds at least 50 percent
(by vote or value) of the capital structure of the
corporation; and
(B) in the case of any other kind of legal entity, holds
interests representing at least 50 percent of the capital
structure of the entity.
(2) United states person.--The term ``United States
person'' includes any United States citizen, permanent
resident alien, entity organized under the law of the United
States (including foreign branches), wherever located, or any
other person in the United States.
(c) Applicability.--
(1) In general.--In any case in which the President has
taken action under the International Emergency Economic
Powers Act and such action is in effect on the date of
enactment of this Act, the provisions of subsection (a) shall
not apply to a United States person (or other person) if such
person divests or terminates its business with the government
or person identified by such action within 90 days after the
date of enactment of this Act.
(2) Actions after date of enactment.--In any case in which
the President takes action under the International Emergency
Economic Powers Act on or after the date of enactment of this
Act, the provisions of subsection (a) shall not apply to a
United States person (or other person) if such person divests
or terminates its business with the government or person
identified by such action within 90 days after the date of
such action.

SEC. __. NOTIFICATION OF CONGRESS OF TERMINATION OF
INVESTIGATION BY OFFICE OF FOREIGN ASSETS
CONTROL.

(a) Notification Requirement.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by
adding at the end the following new section:

``Sec. 42. Notification of Congress of termination of investigation by
Office of Foreign Assets Control.''.

``The Director of the Office of Foreign Assets Control
shall notify Congress upon the termination of any
investigation by the Office of Foreign Assets Control of the
Department of the Treasury if any sanction is imposed by the
Director of such office as a result of the investigation.''.
______

SA 3838. 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 end of the bill, add the following:

TITLE IV--HUMAN SMUGGLING PENALTY ENHANCEMENT

SEC. 401. SHORT TITLE.

This title may be cited as the ``Human Smuggling Penalty
Enhancement Act of 2004''.

SEC. 402. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

Section 274(a) of the Immigration and Nationality Act (8
U.S.C. 1324(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in clause (i)--

(I) by striking ``knowing that a person is an alien,
brings'' and inserting ``knowing or in reckless disregard of
the fact that a person is an alien, brings'';
(II) by striking ``Commissioner'' and inserting ``Under
Secretary for Border and Transportation Security''; and
(III) by inserting ``and regardless of whether the person
bringing or attempting to bring such alien to the United
States intended to violate any criminal law'' before the
semicolon;

(ii) in clause (iv), by striking ``or'' at the end;
(iii) in clause (v)--

(I) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(II) in subclause (II), by striking the comma and inserting
``; or''; and
(III) by inserting after subclause (II) the following:

``(III) attempts to commit any of the preceding acts; or'';
and
(iv) by inserting after clause (v) the following:
``(vi) knowing or in reckless disregard of the fact that a
person is an alien, causes or attempts to cause such alien to
be transported or moved across an international boundary,
knowing that such transportation or moving is part of such
alien's effort to enter or attempt to enter the United States
without prior official authorization;''; and
(B) in subparagraph (B)--
(i) in clause (i)--

(I) by striking ``or (v)(I)'' and inserting ``, (v)(I), or
(vi)''; and
(II) by striking ``10 years'' and inserting ``20 years'';

(ii) in clause (ii), by striking ``5 years'' and inserting
``10 years''; and
(iii) in clause (iii), by striking ``20 years'' and
inserting ``35 years'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, or facilitates or attempts to
facilitate the bringing or transporting,'' after ``attempts
to bring''; and
(ii) by inserting ``and regardless of whether the person
bringing or attempting to bring such alien to the United
States intended to violate any criminal law,'' after ``with
respect to such alien''; and
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``, or'' and inserting a
semicolon;
(ii) in clause (iii), by striking the comma at the end and
inserting ``; or'';
(iii) by inserting after clause (iii), the following:
``(iv) an offense committed with knowledge or reason to
believe that the alien unlawfully brought to or into the
United States has engaged in or intends to engage in
terrorist activity (as defined in section
212(a)(3)(B)(iv)),''; and
(iv) in the matter following clause (iv), as added by this
subparagraph, by striking ``3 nor more than 10 years'' and
inserting ``5 years nor more than 20 years''; and
(3) in paragraph (3)(A), by striking ``5 years'' and
inserting ``10 years''.

SEC. 403. AMENDMENT TO SENTENCING GUIDELINES RELATING TO
ALIEN SMUGGLING OFFENSES.

(a) Directive to United States Sentencing Commission.--
Pursuant to its authority under section 994(p) of title 18,
United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, as
appropriate, amend the Federal Sentencing Guidelines and
related policy statements to implement the provisions of this
title.
(b) Requirements.--In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that the Sentencing Guidelines and Policy
Statements reflect--
(A) the serious nature of the offenses and penalties
referred to in this title;
(B) the growing incidence of alien smuggling offenses; and
(C) the need to deter, prevent, and punish such offenses;
(2) consider the extent to which the Sentencing Guidelines
and Policy Statements adequately address whether the
guideline offense levels and enhancements for violations of
the sections amended by this title--
(A) sufficiently deter and punish such offenses; and
(B) adequately reflect the enhanced penalties established
under this title;
(3) maintain reasonable consistency with other relevant
directives and sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the Sentencing
Guidelines; and
(6) ensure that the Sentencing Guidelines adequately meet
the purposes of sentencing

[[Page S10081]]

under section 3553(a)(2) of title 18, United States Code.
______

SA 3804. Mr. KYL 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 100, between lines 3 and 4, insert the following:

SEC. 145. OFFICE OF COMPETITIVE ANALYSIS.

(a) Office of Competitive Analysis.--There is within the
National Intelligence Authority an Office of Competitive
Analysis.
(b) Director of Office of Competitive Analysis.--(1) There
is a Director of the Office of Competitive Analysis, who
shall be the head of the Office of Competitive Analysis, and
who shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) Any individual nominated for appointment as Director of
the Office of Competitive Analysis shall have significant
expertise in matters relating to United States foreign and
defense policy and in matters relating to terrorism that
threatens the national security of the United States.
(3) An individual serving as Director of the Office of
Competitive Analysis may not, while so serving, serve in any
capacity in any other element of the intelligence community.
(c) Mission.--The primary mission of the Office of
Competitive Analysis shall be as follows:
(1) To conduct detailed competitive evaluations of
intelligence analysis (focusing on priorities identified by
the National Intelligence Director, in consultation with the
President) of--
(A) the National Intelligence Council;
(B) the elements of the intelligence community within the
National Intelligence Program; and
(C) to the extent involving the analysis of national
intelligence, other elements of the intelligence community.
(2) To conduct such additional competitive analysis as the
Director of the Office of Competitive Analysis considers
appropriate.
(d) Staff.--(1) To assist the Director of the Office of
Competitive Analysis in fulfilling the duties and
responsibilities of the Director under this section, the
National Intelligence Director shall employ in the Office of
Competitive Analysis a professional staff having an expertise
in matters relating to such duties and responsibilities.
(2) In providing for a professional staff for the Office
under paragraph (1), the National Intelligence Director may
establish as positions in the excepted service such positions
in the Office as the National Intelligence Director considers
appropriate.
(3) The National Intelligence Director shall ensure that
the analytical staff of the Office is comprised primarily of
experts from elements in the intelligence community and from
the private sector as he deems appropriate.
(e) Access To Information.--In order to carry out the
duties under this section, the Office of Competitive Analysis
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.
(f) Reports.--Not later than January 31 each year, the
Director of the Office of Competitive Analysis shall submit
to the National Intelligence Director and the congressional
intelligence committees on an annual basis a report that sets
forth the results of its competitive evaluations of
intelligence analysis under this section during the preceding
year.
On page 172, line 2, insert ``AND OFFICE OF COMPETITIVE
ANALYSIS'' before the period.
On page 172, line 5, insert ``or the Director of the Office
of Competitive Analysis'' after ``National Counterterrorism
Center''.
On page 172, beginning on line 23, strike ``and the
Director of a national intelligence center'' and insert ``the
Director of a national intelligence center, and the Director
of the Office of Competitive Analysis''.
______

SA 3805. Mrs. CLINTON 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:

SEC. ___. TREATMENT OF ACCELERATOR-PRODUCED AND OTHER
RADIOACTIVE MATERIAL AS BYPRODUCT MATERIAL.

(a) Definition of Byproduct Material.--Section 11e. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
(1) by striking ``means (1) any radioactive'' and inserting
``means--
``(1) any radioactive'';
(2) by striking ``material, and (2) the tailings'' and
inserting ``material;
``(2) the tailings''; and
(3) by striking ``content.'' and inserting ``content;
``(3)(A) any discrete source of radium-226 that is
produced, extracted, or converted after extraction, before,
on, or after the date of enactment of this paragraph, for use
in a commercial, medical, or research activity; or
``(B) any material that--
``(i) has been made radioactive by use of a particle
accelerator; and
``(ii) is produced, extracted, or converted after
extraction, before, on, or after the date of enactment of
this paragraph, for use in a commercial, medical, or research
activity; and
``(4) any discrete source of naturally occurring
radioactive material, other than source material that--
``(A) the Nuclear Regulatory Commission determines (after
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Energy, the Secretary of
Homeland Security, and the head of any other appropriate
Federal agency), would pose a threat similar to that posed by
a discrete source of radium-226 to the public health and
safety or the common defense and security; and
``(B) before, on, or after the date of enactment of this
paragraph, is extracted or converted after extraction, for
use in a commercial, medical, or research activity.''.
(b) Agreements.--Section 274b. of the Atomic Energy Act of
1954 (42 U.S.C. 2021(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) byproduct materials (as defined in section 11e.(3));
``(4) byproduct materials (as defined in section
11e.(4));''.
(c) Regulations.--
(1) In general.--Not later than the effective date of this
section, the Nuclear Regulatory Commission shall promulgate
final regulations establishing such requirements and
standards as the Commission considers necessary for the
acquisition, possession, transfer, use, or disposal of
byproduct material (as defined in paragraphs (3) and (4) of
section 11e. of the Atomic Energy Act of 1954 (as added by
subsection (a))).
(2) Cooperation.--The Commission shall cooperate with the
States in formulating the regulations under paragraph (1).
(3) Transition.--To ensure an orderly transition of
regulatory authority with respect to byproduct material as
defined in paragraphs (3) and (4) of section 11e. of the
Atomic Energy Act of 1954 (as added by subsection (a)), not
later than 180 days before the effective date of this
section, the Nuclear Regulatory Commission shall prepare and
provide public notice of a transition plan developed in
coordination with States that--
(A) have not, before the effective date of this section,
entered into an agreement with the Commission under section
274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b));
or
(B) in the case of a State that has entered into such an
agreement, has not, before the effective date of this
section, applied for an amendment to the agreement that would
permit assumption by the State of regulatory responsibility
for such byproduct material.
(d) Waste Disposal.--
(1) Definition of byproduct material.--In this subsection,
the term ``byproduct material'' has the meaning given the
term in paragraphs (3) and (4) of section 11e. of the Atomic
Energy Act of 1954 (as added by subsection (a)).
(2) In general.--Beginning on the date of enactment of this
Act, except as provided in paragraph (3), byproduct material
may be transferred to and disposed of--
(A) in a disposal facility licensed by the Commission, if
the disposal facility meets the requirements of the
Commission; or
(B) in a disposal facility licensed by a State that has
entered into an agreement with the Commission under section
274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)),
if the disposal facility meets requirements of the State that
are equivalent to the requirements of the Commission.
(3) RCRA.--Byproduct material may be disposed of in
accordance with the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) to the same extent as the byproduct material was
subject to that Act before the date of enactment of this
section.
(4) Not considered low-level radioactive waste.--Byproduct
material shall not be considered low-level radioactive
waste--
(A) as defined in section 2 of the Low-Level Radioactive
Waste Policy Act (42 U.S.C. 2021b); or
(B) in implementing any Compact--
(1) entered into in accordance with the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
(ii) approved by Congress.
(e) Effective Date.--Except with respect to matters that
the Nuclear Regulatory Commission determines are required to
be addressed earlier to protect the public health and safety
or to promote the common defense and security, the amendments
made by this section take effect on the date that is--
(1) with respect to imports and exports, 1 year after the
date of enactment of this Act; and
(2) with respect to domestic matters, 4 years after the
date of enactment of this Act.
______

SA 3806. Mr. McCAIN (for himself and Mr. Lieberman) proposed an
amendment to the bill S. 2845, to reform the

[[Page S10082]]

intelligence community and the intelligence and intelligence-related
activities of the United States Government, and for other purposes; as
follows:

At the end of the bill, add the following:

TITLE __--PRESIDENTIAL TRANSITION

SEC. __01. PRESIDENTIAL TRANSITION.

(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
``(v) Activities under this paragraph shall include the
preparation of a detailed classified, compartmented summary
by the relevant outgoing executive branch officials of
specific operational threats to national security; major
military or covert operations; and pending decisions on
possible uses of military force. This summary shall be
provided to the President-elect as soon as possible after the
date of the general elections held to determine the electors
of President and Vice President under section 1 or 2 of title
3, United States Code.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
``(f)(1) The President-elect should submit to the Federal
Bureau of Investigation or other appropriate agency and then,
upon taking effect and designation, to the agency designated
by the President under section 115(b) of the National
Intelligence Reform Act of 2004, the names of candidates for
high level national security positions through the level of
undersecretary of cabinet departments as soon as possible
after the date of the general elections held to determine the
electors of President and Vice President under section 1 or 2
of title 3, United States Code.
``(2) The responsible agency or agencies shall undertake
and complete as expeditiously as possible the background
investigations necessary to provide appropriate security
clearances to the individuals who are candidates described
under paragraph (1) before the date of the inauguration of
the President-elect as President and the inauguration of the
Vice-President-elect as Vice President.''.
(b) Sense of the Senate Regarding Expedited Consideration
of National Security Nominees.--It is the sense of the Senate
that--
(1) the President-elect should submit the nominations of
candidates for high-level national security positions,
through the level of undersecretary of cabinet departments,
to the Senate by the date of the inauguration of the
President-elect as President; and
(2) for all such national security nominees received by the
date of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent
possible, complete their consideration of these nominations,
and, if such nominations are reported by the committees, the
full Senate should vote to confirm or reject these
nominations, within 30 days of their submission.
(c) Security Clearances for Transition Team Members.--
(1) Definition.--In this section, the term ``major party''
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) In general.--Each major party candidate for President
may submit, before the date of the general election, requests
for security clearances for prospective transition team
members who will have a need for access to classified
information to carry out their responsibilities as members of
the President-elect's transition team.
(3) Completion date.--Necessary background investigations
and eligibility determinations to permit appropriate
prospective transition team members to have access to
classified information shall be completed, to the fullest
extent practicable, by the day after the date of the general
election.
(d) Effective Date.--Notwithstanding section 341, this
section and the amendments made by this section shall take
effect on the date of enactment of this Act.
______

SA 3807. Mr. McCAIN (for himself and Mr. Leiberman) proposed an
amendment 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:

At the appropriate place, insert the following:

TITLE __--TERRORIST TRAVEL AND EFFECTIVE SCREENING

SEC. __01. COUNTERTERRORIST TRAVEL INTELLIGENCE.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated channels,
present themselves to border security officials, or attempt
to circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas,
specific travel methods and routes, liaisons with corrupt
government officials, human smuggling networks, supportive
travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an
agency had done so, the agency could have discovered the ways
in which the terrorist predecessors to al Qaeda had been
systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their
characteristic travel documents and travel patterns could
have allowed authorities to intercept some of the hijackers
and a more effective use of information available in
Government databases could have identified some of the
hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda's planning and
opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into
the front lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has
produced useful results and should be expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to Congress unclassified and classified versions
of a strategy for combining terrorist travel intelligence,
operations, and law enforcement into a cohesive effort to
intercept terrorists, find terrorist travel facilitators, and
constrain terrorist mobility domestically and
internationally. The report to Congress should include a
description of the actions taken to implement the strategy.
(2) Accountability.--The strategy submitted under paragraph
(1) shall--
(A) describe a program for collecting, analyzing,
disseminating, and utilizing information and intelligence
regarding terrorist travel tactics and methods; and
(B) outline which Federal intelligence, diplomatic, and law
enforcement agencies will be held accountable for
implementing each element of the strategy.
(3) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies, including--
(A) the National Counterterrorism Center;
(B) the Department of Transportation;
(C) the Department of State;
(D) the Department of the Treasury;
(E) the Department of Justice;
(F) the Department of Defense;
(G) the Federal Bureau of Investigation;
(H) the Drug Enforcement Agency; and
(I) the agencies that comprise the intelligence community.
(4) Contents.--The strategy shall address--
(A) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify and
disrupt terrorist travel practices and trends, and the
terrorist travel facilitators, document forgers, human
smugglers, travel agencies, and corrupt border and
transportation officials who assist terrorists;
(B) the initial and ongoing training and training materials
required by consular, border, and immigration officials to
effectively detect and disrupt terrorist travel described
under subsection (c)(3);
(C) the new procedures required and actions to be taken to
integrate existing counterterrorist travel and mobility
intelligence into border security processes, including
consular, port of entry, border patrol, maritime, immigration
benefits, and related law enforcement activities;
(D) the actions required to integrate current terrorist
mobility intelligence into military force protection
measures;
(E) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for
purposes of combatting terrorist travel, including further
developing and expanding enforcement and operational
capabilities that address terrorist travel;
(F) the additional resources to be given to the Department
of Homeland Security to aid in the sharing of information
between the frontline border agencies of the Department of
Homeland Security, the Department of State, and classified
and unclassified sources of counterterrorist travel
intelligence and information elsewhere in the Federal
Government, including the Human Smuggling and Trafficking
Center;
(G) the development and implementation of procedures to
enable the Human Smuggling and Trafficking Center to timely
receive terrorist travel intelligence and documentation
obtained at consulates and ports of entry, and by law
enforcement officers and military personnel;
(H) the use of foreign and technical assistance to advance
border security measures and law enforcement operations
against terrorist travel facilitators;
(I) the development of a program to provide each consular,
port of entry, and immigration benefits office with a
counterterrorist travel expert trained and authorized to use
the relevant authentication technologies and cleared to
access all appropriate immigration, law enforcement, and
intelligence databases;
(J) the feasibility of digitally transmitting passport
information to a central cadre of specialists until such time
as experts described under subparagraph (I) are available

[[Page S10083]]

at consular, port of entry, and immigration benefits offices;
and
(K) granting consular officers and immigration
adjudicators, as appropriate, the security clearances
necessary to access law enforcement sensitive and
intelligence databases.
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination plan.--Not
later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, shall submit to Congress a plan
describing how the Department of Homeland Security and the
Department of State can acquire and deploy, to all
consulates, ports of entry, and immigration benefits offices,
technologies that facilitate document authentication and the
detection of potential terrorist indicators on travel
documents.
(2) Contents of plan.--The plan submitted under paragraph
(1) shall--
(A) outline the timetable needed to acquire and deploy the
authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies; and
(ii) train personnel on use of these technologies; and
(C) address the feasibility of using these technologies to
screen every passport or other documentation described in
section __04(b) submitted for identification purposes to a
United States consular, border, or immigration official.
(3) Training program.--
(A) In general.--The Secretary of Homeland Security and the
Secretary of State shall develop and implement initial and
ongoing annual training programs for consular, border, and
immigration officials who encounter or work with travel or
immigration documents as part of their duties to teach such
officials how to effectively detect and disrupt terrorist
travel.
(B) Terrorist travel intelligence.--The Secretary may
assist State, local, and tribal governments, and private
industry, in establishing training programs related to
terrorist travel intelligence.
(C) Training topics.--The training developed under this
paragraph shall include training in--
(i) methods for identifying fraudulent documents;
(ii) detecting terrorist indicators on travel documents;
(iii) recognizing travel patterns, tactics, and behaviors
exhibited by terrorists;
(iv) the use of information contained in available
databases and data systems and procedures to maintain the
accuracy and integrity of such systems; and
(v) other topics determined necessary by the Secretary of
Homeland Security and the Secretary of State.
(D) Certification.--Not later than 1 year after the date of
enactment of this Act--
(i) the Secretary of Homeland Security shall certify to
Congress that all border and immigration officials who
encounter or work with travel or immigration documents as
part of their duties have received training under this
paragraph; and
(ii) the Secretary of State shall certify to Congress that
all consular officers who encounter or work with travel or
immigration documents as part of their duties have received
training under this paragraph.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out the provisions of this subsection.
(d) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The National Intelligence Director shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this
subsection.

SEC. __02. INTEGRATED SCREENING SYSTEM.

(a) In General.--The Secretary of Homeland Security shall
develop a plan for a comprehensive integrated screening
system.
(b) Design.--The system planned under subsection (a) shall
be designed to--
(1) encompass an integrated network of screening points
that includes the Nation's border security system,
transportation system, and critical infrastructure or
facilities that the Secretary determines need to be protected
against terrorist attack;
(2) build upon existing border enforcement and security
activities, and to the extent practicable, private sector
security initiatives, in a manner that will enable the
utilization of a range of security check points in a
continuous and consistent manner throughout the Nation's
screening system;
(3) allow access to government databases to detect
terrorists; and
(4) utilize biometric identifiers that the Secretary
determines to be appropriate, feasible, and if practicable,
compatible with the biometric entry and exit data system
described in section __03.
(c) Standards for Screening Procedures.--
(1) Authorization.--The Secretary may promulgate standards
for screening procedures for--
(A) entering and leaving the United States;
(B) accessing Federal facilities that the Secretary
determines need to be protected against terrorist attack;
(C) accessing critical infrastructure that the Secretary
determines need to be protected against terrorist attack; and
(D) accessing modes of transportation that the Secretary
determines need to be protected against terrorist attack.
(2) Scope.--Standards prescribed under this subsection may
address a range of factors, including technologies required
to be used in screening and requirements for secure
identification.
(3) Requirements.--In promulgating standards for screening
procedures, the Secretary shall--
(A) consider and incorporate appropriate civil liberties
and privacy protections;
(B) comply with the Administrative Procedure Act; and
(C) consult with other Federal, State, local, and tribal
governments, private parties, and other interested parties,
as appropriate.
(4) Limitation.--This section does not confer to the
Secretary new statutory authority, or alter existing
authorities, over systems, critical infrastructure, and
facilities.
(5) Notification.--If the Secretary determines that
additional regulatory authority is needed to fully implement
the plan for an integrated screening system, the Secretary
shall immediately notify Congress.
(d) Compliance.--The Secretary may issue regulations to
ensure compliance with the standards promulgated under this
section.
(e) Consultation.--For those systems, critical
infrastructure, and facilities that the Secretary determines
need to be protected against terrorist attack, the Secretary
shall consult with other Federal agencies, State, local, and
tribal governments, and the private sector to ensure the
development of consistent standards and consistent
implementation of the integrated screening system.
(f) Biometric Identifiers.--In carrying out this section,
the Secretary shall continue to review biometric technologies
and existing Federal and State programs using biometric
identifiers. Such review shall consider the accuracy rate of
available technologies.
(g) Maintaining Accuracy and Integrity of the Integrated
Screening System.--
(1) In general.--The Secretary shall establish rules,
guidelines, policies, and operating and auditing procedures
for collecting, removing, and updating data maintained in,
and adding information to, the integrated screening system
that ensure the accuracy and integrity of the data.
(2) Data maintenance procedures.--Each head of a Federal
agency that has databases and data systems linked to the
integrated screening system shall establish rules,
guidelines, policies, and operating and auditing procedures
for collecting, removing, and updating data maintained in,
and adding information to, such databases or data systems
that ensure the accuracy and integrity of the data.
(3) Requirements.--The rules, guidelines, policies, and
procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors;
(ii) determining which government agency or entity provided
data so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or
misidentification errors; and
(B) include procedures for individuals to--
(i) seek corrections of data contained in the databases or
data systems; and
(ii) appeal decisions concerning data contained in the
databases or data systems.
(h) Implementation.--
(1) Phase i.--The Secretary shall--
(A) develop plans for, and begin implementation of, a
single program for registered travelers to expedite travel
across the border, as required under section __03(g);
(B) continue the implementation of a biometric exit and
entry data system that links to relevant databases and data
systems, as required by subsections (c) through (f) of
section __03 and other existing authorities;
(C) centralize the ``no-fly'' and ``automatic-selectee''
lists, making use of improved terrorists watch lists, as
required by section __03;
(D) develop plans, in consultation with other relevant
agencies, for the sharing of terrorist information with
trusted governments, as required by section __05;
(E) initiate any other action determined appropriate by the
Secretary to facilitate the implementation of this paragraph;
and
(F) report to Congress on the implementation of phase I,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) plans for the development and implementation of phases
II and III.
(2) Phase ii.--The Secretary shall--
(A) complete the implementation of a single program for
registered travelers to expedite travel across the border, as
required by section __03(g);
(B) complete the implementation of a biometric entry and
exit data system that links to relevant databases and data
systems, as required by subsections (c) through (f) of
section __03, and other existing authorities;
(C) in cooperation with other relevant agencies, engage in
dialogue with foreign

[[Page S10084]]

governments to develop plans for the use of common screening
standards;
(D) initiate any other action determined appropriate by the
Secretary to facilitate the implementation of this paragraph;
and
(E) report to Congress on the implementation of phase II,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) the plans for the development and implementation of
phase III.
(3) Phase iii.--The Secretary shall--
(A) finalize and deploy the integrated screening system
required by subsection (a);
(B) in cooperation with other relevant agencies, promote
the implementation of common screening standards by foreign
governments; and
(C) report to Congress on the implementation of Phase III,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) the plans for the ongoing operation of the integrated
screening system.
(i) Report.--After phase III has been implemented, the
Secretary shall submit a report to Congress every 3 years
that describes the ongoing operation of the integrated
screening system, including its effectiveness, efficient use
of resources, compliance with statutory provisions, and
safeguards for privacy and civil liberties.
(j) Authorizations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years
2005 through 2009, such sums as may be necessary to carry out
the provisions of this section.

SEC. __03. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that completing a biometric entry and exit
data system as expeditiously as possible is an essential
investment in efforts to protect the United States by
preventing the entry of terrorists.
(b) Definition.--In this section, the term ``entry and exit
data system'' means the entry and exit system required by
applicable sections of--
(1) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-205);
(3) the Visa Waiver Permanent Program Act (Public Law 106-
396);
(4) the Enhanced Border Security and Visa Entry Reform Act
of 2002 (Public Law 107-173); and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
(c) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit data
system.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which
shall contain--
(A) a description of the current functionality of the entry
and exit data system, including--
(i) a listing of ports of entry and other Department of
Homeland Security and Department of State locations with
biometric entry data systems in use and whether such
screening systems are located at primary or secondary
inspection areas;
(ii) a listing of ports of entry and other Department of
Homeland Security and Department of State locations with
biometric exit data systems in use;
(iii) a listing of databases and data systems with which
the entry and exit data system are interoperable;
(iv) a description of--

(I) identified deficiencies concerning the accuracy or
integrity of the information contained in the entry and exit
data system;
(II) identified deficiencies concerning technology
associated with processing individuals through the system;
and
(III) programs or policies planned or implemented to
correct problems identified in subclause (I) or (II); and

(v) an assessment of the effectiveness of the entry and
exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United
States;
(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit data system,
including--
(i) the earliest date on which the Secretary estimates that
full implementation of the biometric entry and exit data
system can be completed;
(ii) the actions the Secretary will take to accelerate the
full implementation of the biometric entry and exit data
system at all ports of entry through which all aliens must
pass that are legally required to do so; and
(iii) the resources and authorities required to enable the
Secretary to meet the implementation date described in clause
(i);
(C) a description of any improvements needed in the
information technology employed for the biometric entry and
exit data system;
(D) a description of plans for improved or added
interoperability with any other databases or data systems;
and
(E) a description of the manner in which the Department of
Homeland Security's US-VISIT program--
(i) meets the goals of a comprehensive entry and exit
screening system, including both entry and exit biometric;
and
(ii) fulfills the statutory obligations under subsection
(b).
(d) Collection of Biometric Exit Data.--The entry and exit
data system shall include a requirement for the collection of
biometric exit data for all categories of individuals who are
required to provide biometric entry data, regardless of the
port of entry where such categories of individuals entered
the United States.
(e) Integration and Interoperability.--
(1) Integration of data system.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
fully integrate all databases and data systems that process
or contain information on aliens, which are maintained by--
(A) the Department of Homeland Security, at--
(i) the United States Immigration and Customs Enforcement;
(ii) the United States Customs and Border Protection; and
(iii) the United States Citizenship and Immigration
Services;
(B) the Department of Justice, at the Executive Office for
Immigration Review; and
(C) the Department of State, at the Bureau of Consular
Affairs.
(2) Interoperable component.--The fully integrated data
system under paragraph (1) shall be an interoperable
component of the entry and exit data system.
(3) Interoperable data system.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
fully implement an interoperable electronic data system, as
required by section 202 of the Enhanced Border Security and
Visa Entry Reform Act (8 U.S.C. 1722) to provide current and
immediate access to information in the databases of Federal
law enforcement agencies and the intelligence community that
is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(f) Maintaining Accuracy and Integrity of Entry and Exit
Data System.--
(1) In general.--The Secretary shall establish rules,
guidelines, policies, and operating and auditing procedures
for collecting, removing, and updating data maintained in,
and adding information to, the entry and exit data system
that ensure the accuracy and integrity of the data.
(2) Data maintenance procedures.--Heads of agencies that
have databases or data systems linked to the entry and exit
data system shall establish rules, guidelines, policies, and
operating and auditing procedures for collecting, removing,
and updating data maintained in, and adding information to,
such databases or data systems that ensure the accuracy and
integrity of the data.
(3) Requirements.--The rules, guidelines, policies, and
procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors;
(ii) determining which government agency or entity provided
data so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or
misidentification errors; and
(B) include procedures for individuals to--
(i) seek corrections of data contained in the databases or
data systems; and
(ii) appeal decisions concerning data contained in the
databases or data systems.
(g) Expediting Registered Travelers Across International
Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(A) expediting the travel of previously screened and known
travelers across the borders of the United States should be a
high priority; and
(B) the process of expediting known travelers across the
borders of the United States can permit inspectors to better
focus on identifying terrorists attempting to enter the
United States.
(2) Definition.--In this subsection, the term ``registered
traveler program'' means any program designed to expedite the
travel of previously screened and known travelers across the
borders of the United States.
(3) Registered travel program.--
(A) In general.--As soon as is practicable, the Secretary
shall develop and implement a registered traveler program to
expedite the processing of registered travelers who enter and
exit the United States.
(B) Participation.--The registered traveler program shall
include as many participants as practicable by--
(i) minimizing the cost of enrollment;
(ii) making program enrollment convenient and easily
accessible; and
(iii) providing applicants with clear and consistent
eligibility guidelines.
(C) Integration.--The registered traveler program shall be
integrated into the automated biometric entry and exit data
system described in this section.
(D) Review and evaluation.--In developing the registered
traveler program, the Secretary shall--
(i) review existing programs or pilot projects designed to
expedite the travel of

[[Page S10085]]

registered travelers across the borders of the United States;
(ii) evaluate the effectiveness of the programs described
in clause (i), the costs associated with such programs, and
the costs to travelers to join such programs;
(iii) increase research and development efforts to
accelerate the development and implementation of a single
registered traveler program; and
(iv) review the feasibility of allowing participants to
enroll in the registered traveler program at consular
offices.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the Department's progress on the
development and implementation of the registered traveler
program.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of the fiscal
years 2005 through 2009, such sums as may be necessary to
carry out the provisions of this section.

SEC. __04. TRAVEL DOCUMENTS.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(1) existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification;
(2) the planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities; and
(3) additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Biometric Passports.--
(1) Development of plan.--The Secretary of State, in
consultation with the Secretary of Homeland Security, shall
develop and implement a plan as expeditiously as possible to
require biometric passports or other identification deemed by
the Secretary of State to be at least as secure as a
biometric passport, for all travel into the United States by
United States citizens and by categories of individuals for
whom documentation requirements have previously been waived
under section 212(d)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(4)(B)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of such Act, to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
(c) Technical and Conforming Amendments.--After the
complete implementation of the plan described in subsection
(b)--
(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section
212(d)(4)(B) of such Act to waive documentary requirements
for travel into the United States; and
(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or
entering, or attempting to depart from or enter, the United
States except--
(A) where the Secretary of State, in consultation with the
Secretary of Homeland Security, determines that the
alternative documentation that is the basis for the waiver of
the documentary requirement is at least as secure as a
biometric passport;
(B) in the case of an unforeseen emergency in individual
cases; or
(C) in the case of humanitarian or national interest
reasons in individual cases.
(d) Transit Without Visa Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until the Secretary, in conjunction
with the Secretary of Homeland Security, completely
implements a security plan to fully ensure secure transit
passage areas to prevent aliens proceeding in immediate and
continuous transit through the United States from illegally
entering the United States.

SEC. __05. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(1) the exchange of terrorist information with other
countries, consistent with privacy requirements, along with
listings of lost and stolen passports, will have immediate
security benefits; and
(2) the further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should exchange terrorist
information with trusted allies;
(2) the United States Government should move toward real-
time verification of passports with issuing authorities;
(3) where practicable the United States Government should
conduct screening before a passenger departs on a flight
destined for the United States;
(4) the United States Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the United States Government should work with other
countries to improve passport standards and provide foreign
assistance to countries that need help making the transition
to the global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist
Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the
Secretary of Homeland Security, working with other agencies,
shall submit to the appropriate committees of Congress a
report on Federal efforts to collaborate with allies of the
United States in the exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such collaboration and
cooperation;
(B) progress made in screening passengers before their
departure to the United States; and
(C) efforts to work with other countries to accomplish the
goals described under this section.
(d) Preinspection at Foreign Airports.--
(1) In general.--Section 235A(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read as
follows:
``(4) Subject to paragraph (5), not later than January 1,
2008, the Secretary of Homeland Security, in consultation
with the Secretary of State, shall establish preinspection
stations in at least 25 additional foreign airports, which
the Secretary of Homeland Security, in consultation with the
Secretary of State, determines, based on the data compiled
under paragraph (3) and such other information as may be
available, would most effectively facilitate the travel of
admissible aliens and reduce the number of inadmissible
aliens, especially aliens who are potential terrorists, who
arrive from abroad by air at points of entry within the
United States. Such preinspection stations shall be in
addition to those established prior to September 30, 1996, or
pursuant to paragraph (1).''.
(2) Report.--Not later than June 30, 2006, the Secretary of
Homeland Security and the Secretary of State shall submit a
report on the progress being made in implementing the
amendment made by paragraph (1) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Foreign Relations of the Senate; and
(D) the Committee on International Relations of the House
of Representatives.

SEC. __06. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.

(a) Definition.--In this section, the term `birth
certificate' means a certificate of birth--
(1) for an individual (regardless of where born)--
(A) who is a citizen or national of the United States at
birth; and
(B) whose birth is registered in the United States; and
(2) that--
(A) is issued by a Federal, State, or local government
agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of
record; or
(B) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of record,
of an original certificate of birth issued by such agency or
custodian of record.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--Beginning 2 years after the promulgation
of minimum standards under paragraph (3), no Federal agency
may accept a birth certificate for any official purpose
unless the certificate conforms to such standards.
(2) State certification.--
(A) In general.--Each State shall certify to the Secretary
of Health and Human Services that the State is in compliance
with the requirements of this section.
(B) Frequency.--Certifications under subparagraph (A) shall
be made at such intervals and in such a manner as the
Secretary of Health and Human Services, with the concurrence
of the Secretary of Homeland Security and the Commissioner of
Social Security, may prescribe by regulation.
(C) Compliance.--Each State shall ensure that units of
local government and other authorized custodians of records
in the State comply with this section.
(D) Audits.--The Secretary of Health and Human Services may
conduct periodic audits of each State's compliance with the
requirements of this section.
(3) Minimum standards.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Health and
Human Services shall by regulation establish minimum
standards for birth certificates for use by Federal agencies
for official purposes that--
(A) at a minimum, shall require certification of the birth
certificate by the State or local government custodian of
record that issued the certificate, and shall require the use
of safety paper or an alternative, equally secure medium, the
seal of the issuing custodian of record, and other features
designed to prevent tampering, counterfeiting, or otherwise
duplicating the birth certificate for fraudulent purposes;

[[Page S10086]]

(B) shall establish requirements for proof and verification
of identity as a condition of issuance of a birth
certificate, with additional security measures for the
issuance of a birth certificate for a person who is not the
applicant;
(C) shall establish standards for the processing of birth
certificate applications to prevent fraud;
(D) may not require a single design to which birth
certificates issued by all States must conform; and
(E) shall accommodate the differences between the States in
the manner and form in which birth records are stored and
birth certificates are produced from such records.
(4) Consultation with government agencies.--In promulgating
the standards required under paragraph (3), the Secretary of
Health and Human Services shall consult with--
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
(5) Extension of effective date.--The Secretary of Health
and Human Services may extend the date specified under
paragraph (1) for up to 2 years for birth certificates issued
by a State if the Secretary determines that the State made
reasonable efforts to comply with the date under paragraph
(1) but was unable to do so.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--
(A) In general.--Beginning on the date a final regulation
is promulgated under subsection (b)(3), the Secretary of
Health and Human Services shall award grants to States to
assist them in conforming to the minimum standards for birth
certificates set forth in the regulation.
(B) Allocation of grants.--The Secretary shall award grants
to States under this paragraph based on the proportion that
the estimated average annual number of birth certificates
issued by a State applying for a grant bears to the estimated
average annual number of birth certificates issued by all
States.
(C) Minimum allocation.--Notwithstanding subparagraph (B),
each State shall receive not less than 0.5 percent of the
grant funds made available under this paragraph.
(2) Assistance in matching birth and death records.--
(A) In general.--The Secretary of Health and Human
Services, in coordination with the Commissioner of Social
Security and other appropriate Federal agencies, shall award
grants to States, under criteria established by the
Secretary, to assist States in--
(i) computerizing their birth and death records;
(ii) developing the capability to match birth and death
records within each State and among the States; and
(iii) noting the fact of death on the birth certificates of
deceased persons.
(B) Allocation of grants.--The Secretary shall award grants
to qualifying States under this paragraph based on the
proportion that the estimated annual average number of birth
and death records created by a State applying for a grant
bears to the estimated annual average number of birth and
death records originated by all States.
(C) Minimum allocation.--Notwithstanding subparagraph (B),
each State shall receive not less than 0.5 percent of the
grant funds made available under this paragraph.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out this section.
(e) Technical and Conforming Amendments.--Section 656 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (5 U.S.C. 301 note) is repealed.

SEC. __07. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
CARDS.

(a) Definitions.--In this section:
(1) Driver's license.--The term `driver's license' means a
motor vehicle operator's license as defined in section
30301(5) of title 49, United States Code.
(2) Personal identification card.--The term `personal
identification card' means an identification document (as
defined in section 1028(d)(3) of title 18, United States
Code) issued by a State.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--
(A) Limitation on acceptance.--No Federal agency may
accept, for any official purpose, a driver's license or
personal identification card newly issued by a State more
than 2 years after the promulgation of the minimum standards
under paragraph (2) unless the driver's license or personal
identification card conforms to such minimum standards.
(B) Date for conformance.--The Secretary of Transportation,
in consultation with the Secretary of Homeland Security,
shall establish a date after which no driver's license or
personal identification card shall be accepted by a Federal
agency for any official purpose unless such driver's license
or personal identification card conforms to the minimum
standards established under paragraph (2). The date shall be
as early as the Secretary determines it is practicable for
the States to comply with such date with reasonable efforts.
(C) State certification.--
(i) In general.--Each State shall certify to the Secretary
of Transportation that the State is in compliance with the
requirements of this section.
(ii) Frequency.--Certifications under clause (i) shall be
made at such intervals and in such a manner as the Secretary
of Transportation, with the concurrence of the Secretary of
Homeland Security, may prescribe by regulation.
(iii) Audits.--The Secretary of Transportation may conduct
periodic audits of each State's compliance with the
requirements of this section.
(2) Minimum standards.--Not later than 18 months after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security, shall by regulation, establish minimum
standards for driver's licenses or personal identification
cards issued by a State for use by Federal agencies for
identification purposes that shall include--
(A) standards for documentation required as proof of
identity of an applicant for a driver's license or personal
identification card;
(B) standards for the verifiability of documents used to
obtain a driver's license or personal identification card;
(C) standards for the processing of applications for
driver's licenses and personal identification cards to
prevent fraud;
(D) security standards to ensure that driver's licenses and
personal identification cards are--
(i) resistant to tampering, alteration, or counterfeiting;
and
(ii) capable of accommodating and ensuring the security of
a digital photograph or other unique identifier; and
(E) a requirement that a State confiscate a driver's
license or personal identification card if any component or
security feature of the license or identification card is
compromised.
(3) Content of regulations.--The regulations required by
paragraph (2)--
(A) shall facilitate communication between the chief driver
licensing official of a State, an appropriate official of a
Federal agency and other relevant officials, to verify the
authenticity of documents, as appropriate, issued by such
Federal agency or entity and presented to prove the identity
of an individual;
(B) may not infringe on a State's power to set criteria
concerning what categories of individuals are eligible to
obtain a driver's license or personal identification card
from that State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with
the full enforcement of State criteria concerning the
categories of individuals that are eligible to obtain a
driver's license or personal identification card from that
State;
(D) may not require a single design to which driver's
licenses or personal identification cards issued by all
States must conform; and
(E) shall include procedures and requirements to protect
the privacy and civil and due process rights of individuals
who apply for and hold driver's licenses and personal
identification cards.
(4) Negotiated rulemaking.--
(A) In general.--Before publishing the proposed regulations
required by paragraph (2) to carry out this title, the
Secretary of Transportation shall establish a negotiated
rulemaking process pursuant to subchapter IV of chapter 5 of
title 5, United States Code (5 U.S.C. 581 et seq.).
(B) Representation on negotiated rulemaking committee.--Any
negotiated rulemaking committee established by the Secretary
of Transportation pursuant to subparagraph (A) shall include
representatives from--
(i) among State offices that issue driver's licenses or
personal identification cards;
(ii) among State elected officials;
(iii) the Department of Homeland Security; and
(iv) among interested parties, including organizations with
technological and operational expertise in document security
and organizations that represent the interests of applicants
for such licenses or identification cards.
(C) Time requirement.--The process described in
subparagraph (A) shall be conducted in a timely manner to
ensure that--
(i) any recommendation for a proposed rule or report is
provided to the Secretary of Transportation not later than 9
months after the date of enactment of this Act and may
include an assessment of the benefits and costs of the
recommendations; and
(ii) a final rule is promulgated not later than 18 months
after the date of enactment of this Act.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--Beginning on
the date a final regulation is promulgated under subsection
(b)(2), the Secretary of Transportation shall award grants to
States to assist them in conforming to the minimum standards
for driver's licenses and personal identification cards set
forth in the regulation.
(2) Allocation of grants.--The Secretary of Transportation
shall award grants to States under this subsection based on
the proportion that the estimated average annual number of
driver's licenses and personal identification cards issued by
a State applying for a grant bears to the average annual
number of such documents issued by all States.
(3) Minimum allocation.--Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the
grant funds made available under this subsection.

[[Page S10087]]

(d) Extension of Effective Date.--The Secretary of
Transportation may extend the date specified under subsection
(b)(1)(A) for up to 2 years for driver's licenses issued by a
State if the Secretary determines that the State made
reasonable efforts to comply with the date under such
subsection but was unable to do so.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation for
each of the fiscal years 2005 through 2009, such sums as may
be necessary to carry out this section.

SEC. __08. SOCIAL SECURITY CARDS.

(a) Security Enhancements.--The Commissioner of Social
Security shall--
(1) not later than 180 days after the date of enactment of
this section, issue regulations to restrict the issuance of
multiple replacement social security cards to any individual
to minimize fraud;
(2) within 1 year after the date of enactment of this
section, require independent verification of all records
provided by an applicant for an original social security
card, other than for purposes of enumeration at birth; and
(3) within 18 months after the date of enactment of this
section, add death, fraud, and work authorization indicators
to the social security number verification system.
(b) Interagency Security Task Force.--The Commissioner of
Social Security, in consultation with the Secretary of
Homeland Security, shall form an interagency task force for
the purpose of further improving the security of social
security cards and numbers. Not later than 1 year after the
date of enactment of this section, the task force shall
establish security requirements, including--
(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the
issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent
use or issuance of social security numbers and cards.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Commissioner of Social Security for
each of the fiscal years 2005 through 2009, such sums as may
be necessary to carry out this section.

SEC. __9. EFFECTIVE DATE.

Notwithstanding any other provision of this Act, this title
shall take effect on the date of enactment of this Act.
______

SA 3808. Mr. LEVIN 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 14, line 2, strike ``community,'' and insert
``community following receipt of intelligence needs and
requirements from the consumers of national intelligence,''.
On page 14, line 8, insert before the semicolon the
following: ``, while ensuring that the elements of the
intelligence community are able to conduct independent
analyses so as to achieve, to the maximum extent practicable,
competitive analyses''.
______

SA 3809. Mr. LEVIN 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'' at the end.
On page 28, line 19, strike the period and insert ``;
and''.
On page 28, between lines 19 and 20, insert the following:
(D) the personnel involved are not military personnel and
the funds were not appropriated to military personnel
appropriations, except that the Director may make a transfer
of such personnel or funds if the Secretary of Defense does
not object to such transfer.
On page 91, between lines 12 and 13, insert the following:
(C) Nothing in this subsection shall be construed to
authorize the National Intelligence Director to specify, or
require the head of a department, agency, or element of the
United States Government to approve a request for, the
transfer, assignment, or detail of military personnel, except
that the Director may take such action with regard to
military personnel if the Secretary of Defense does not
object to such action.
On page 98, between lines 21 and 22, insert the following:
(C) Nothing in this subsection shall be construed to
authorize the National Intelligence Director to specify, or
require the head of a department, agency, or element of the
United States Government to approve a request for, the
transfer, assignment, or detail of military personnel, except
that the Director may take such action with regard to
military personnel if the Secretary of Defense does not
object to such action.
On page 98, between lines 21 and 22, insert the
following:
(C) Nothing in this subsection shall be construed to
authorize the National Intelligence Director to specify, or
require the head of a department, agency, or element of the
United States Government to approve a request for, the
transfer, assignment, or detail of military personnel, except
that the Director may take such action with regard to
military personnel if the Secretary of Defense does not
object to such action.
On page 7, beginning on line 20, strike ``that is not part
of the National Foreign Intelligence Program as of the date
of the enactment of this Act''.
______

SA 3811. Mr. McCONNELL 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. __. SENSE OF THE SENATE ON IMPORTANCE OF ATTENDANCE OF
SELECT COMMITTEE ON INTELLIGENCE MEETINGS.

(a) Findings.--It is the sense of the Senate that--
(1) the 9/11 Commission concluded that informed and
knowledgeable congressional oversight of the intelligence
community is crucial to ensure the effective functioning of
the Nation's intelligence services;
(2) to ensure that Representatives and Senators who serve
on a congressional Committee on Intelligence develop relevant
expertise about the functioning of the intelligence
community, the 9/11 Commission recommended, for example, that
Congress abolish term limits for Members who serve on these
committees;
(3) it is difficult for Senators who serve on the Select
Committee on Intelligence to become informed and
knowledgeable about the intelligence field, and thereby
develop the requisite expertise in that area, if they do not
regularly attend hearings held by the Select Committee on
Intelligence; and
(4) because Senators who are Members of the Select
Committee on Intelligence yet do not regularly attend
hearings held by the Select Committee on Intelligence are not
informed and knowledgeable about the intelligence field, and
do not develop the requisite expertise in that area, those
Senators fail to discharge their responsibility to oversee
the intelligence community.
(b) Sense of the Senate.--It is the sense of the Senate
that those Senators who serve on the Select Committee on
Intelligence and who, for a given Congress, miss more than 75
percent of the hearings held by the Select Committee on
Intelligence, should be ineligible to continue to serve on
that committee.
______

SA 3812. Mr. McCONNELL 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. __. SENSE OF THE SENATE THAT THE UNITED STATES IS SAFER.

(a) Findings.--It is the sense of the Senate that--
(1) as recognized by the 9/11 Commission in its report,
since September 11th, 2001, the United States of America and
its allies have killed or captured a majority of al Qaeda's
leadership; toppled the Taliban, which gave al Qaeda
sanctuary in Afghanistan; and severely damaged the
organization; and
(2) since September 11, 2001 Congress has--
(A) passed, and the President has signed into law, the
PATRIOT Act;
(B) created the Department of Homeland security;
(C) created the Terrorist Threat Integration Center;
(D) created the Transportation Safety Administration;
(E) reorganized the Federal Bureau of Investigation; and
(F) signed the Smart Border Declaration,
just to name 6 offensive measures, all with the goal of
making America safer and protecting our citizens in this
global war on terrorism.
(b) Sense of the Senate.--It is the sense of the Senate
that the 9/11 Commission Report was correct in its assessment
that the United States of America is safer today than it was
before the terrorist attacks of September 11, 2001.
______

SA 3813. Mr. REED 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. __. LIQUEFIED NATURAL GAS MARINE TERMINALS.

Congress finds that plans developed by the Department of
Homeland Security to protect critical energy infrastructure
should include risk assessments and protective measures for
existing and proposed liquefied natural gas marine terminals.

[[Page S10088]]

______

SA 3814. Mr. BINGAMAN 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 __, between lines __ and __, insert the following:
(2) regions of specific concern where United States foreign
assistance should be targeted to assist governments in
efforts to prevent the use of such regions as terrorist
sanctuaries are South Asia, Southeast Asia, West Africa, the
Horn of Africa, North and North Central Africa, the Arabian
peninsula, Central and Eastern Europe, and South America;
______

SA 3815. Mr. ROCKEFELLER (for himself, Mrs. Hutchison, Mr. Roberts,
and Ms. Mikulski) 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; 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
products, 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, line 4, strike ``(14)'' and insert ``(16)''.
On page 18, line 7, strike ``(15)'' and insert ``(17)''.
On page 18, line 14, strike ``(16)'' and insert ``(18)''.
On page 18, line 17, strike ``(17)'' and insert ``(19)''.
On page 18, line 20, strike ``(18)'' and insert ``(20)''.
On page 19, line 5, strike ``(19)'' and insert ``(21)''.
On page 19, line 7, strike ``(20)'' and insert ``(22)''.
On page 31, line 1, strike ``112(a)(16)'' and insert
``112(a)(18)''.
On page 49, line 13, insert ``, and each other National
Intelligence Council product'' after ``paragraph (1)''.
On page 49, line 15, insert ``or product'' after
``estimate''.
On page 49, line 17, insert ``or product'' after
``estimate''.
On page 49, line 19, insert ``or product'' after
``estimate''.
On page 49, line 22, strike ``such estimate and such
estimate'' and insert ``such estimate or product and such
estimate or product, as the case may be''.
On page 49, line 24, insert ``or product'' after
``estimate''.
On page 51, between lines 5 and 6, insert the following:
(i) National Intelligence Council Product.--For purposes of
this section, the term ``National Intelligence Council
product'' includes a National Intelligence Estimate and any
other intelligence community assessment that sets forth the
judgment of the intelligence community as a whole on a matter
covered by such product.
On page 56, line 20, strike ``(15) and (16)'' and insert
``(17) and (18)''.
On page 87, line 16, strike ``and'' at the end.
On page 87, between lines 16 and 17, insert the following:
(D) conduct, or recommend to the National Intelligence
Director to direct 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;
(E) 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; and
On page 87, line 17, strike ``(D)'' and insert ``(F)''.
On page 96, line 16, strike ``foreign''.
On page 100, between lines 3 and 4, insert the following:

SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS.

(a) Office of Alternative Analysis.--There is within the
National Intelligence Authority an Office of Alternative
Analysis.
(b) Head of Office.--The National Intelligence Director
shall appoint the head of the Office of Alternative Analysis.
(c) Independence of Office.--The National Intelligence
Director shall take appropriate actions to ensure the
independence of the Office of Alternative Analysis in its
activities under this section.
(d) Function of Office.--(1) The Office of Alternative
Analysis shall subject each National Intelligence Estimate
(NIE), before the completion of such estimate, to a thorough
examination of all facts, assumptions, analytic methods, and
judgments utilized in or underlying any analysis, estimation,
plan, evaluation, or recommendation contained in such
estimate.
(2)(A) The Office may also subject any other intelligence
estimate, brief, survey, assessment, or report designated by
the National Intelligence Director to a thorough examination
as described in paragraph (1).
(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 estimates, briefs,
surveys, assessments or reports, if any, designated by the
Director under subparagraph (A).
(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 Office 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 ``OAA analysis'' of such
estimate or document.
(5) Each estimate or document covered by an evaluation
under this subsection shall include an appendix that contains
the findings and conclusions of the Office with respect to
the estimate or document, as the case may be, based upon the
evaluation of the estimate or document, as the case may be,
by the Office under this subsection.
(6) The results of each evaluation of an estimate or
document under this subsection shall be submitted to the
congressional intelligence committees.
On page 194, line 9, strike ``112(a)(11)'' and insert
``112(a)(14)''.
On page 195, line 16, strike ``112(a)(11)'' and insert
``112(a)(14)''.
On page 195, line 23, strike ``112(a)(11)'' and insert
``112(a)(14)''.
On page 196, line 7, strike ``112(a)(11)'' and insert
``112(a)(14)''.
______

SA 3816. Mr. BINGAMAN 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 155, on line 24, strike ``information'' and insert
``information use, collection, storage, disclosure, or''.

On page 158, between lines 9 and 10, insert the following:
(C) any legislation, regulation, or policy reviewed by the
Board under subsection (d)(1) if--
(i) the Board advised against the implementation of such
legislation, regulation, or policy; and
(ii) the legislation, regulation, or policy was
implemented; and
(D) a description of--
(i) any instance in which the Board was unable to access
information under the authority in subsection (g); and
(ii) the general level of cooperation between the Board and
the heads of departments, agencies, or elements of the
executive branch in carrying out such authority.
______

SA 3817. Mr. SPECTER submitted an amendment intended to be proposed
by him to the bill S. 1728, to amend the September 11th Victim
Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note) to
provide compensation for the United States Citizens who were victims 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, on the same basis as
compensation is provided to victims of the terrorist-related aircraft
crashes on September 11, 2001; which was referred to the Committee on
the Judiciary; as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act 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
`` or related to the attack on

[[Page S10089]]

the U.S.S. Cole on October 12, 2000'' before the period.
(b) Purpose.--Section 403 is amended by inserting `` or
killed as a result of the attack on the U.S.S. Cole on
October 12, 2000'' 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 ``or the attack on the
U.S.S. Cole on October 12, 2000'' before the semicolon;
(B) in clause (ii), by inserting ``or attack'' before the
semicolon; and
(C) in clause (iii), by inserting ``or attack'' 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 ``or the attack on the U.S.S. Cole on
October 12, 2000'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2)(A) is amended--
(i) in clause (i), by inserting ``or was on the U.S.S.
Cole on October 12, 2000'' 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 an attack;''.
(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 attack on the U.S.S. Cole on October 12, 2000.
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 attack on the U.S.S. Cole on
October 12, 2000.
``(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 attack.--An individual who suffered
death as a result of an attack described in subparagraph
(C)(i) shall not be an eligible individual by reason of that
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 attack on the U.S.S. Cole
on October 12, 2000.''.
(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 3818. 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.--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.
(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 3819. Mr. ENSIGN (for himself, Mr. Kyl, Mr. Chambliss, Mr. Cornyn,
Mr. Grassley, and Mr. Sessions) 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; as follows:

At the end, add the following:

TITLE IV--OTHER MATTERS

SEC. 401. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR
OFFICERS.

(a) Increased Number of Consular Officers.--The Secretary
of State, in each of fiscal years 2006 through 2009, may
increase by 150 the number of positions for consular officers
above the number of such positions for which funds were
allotted for the preceding fiscal year.
(b) Limitation on Use of Foreign Nationals for Visa
Screening.--
(1) Immigrant visas.--Subsection (b) of section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202) is amended by
adding at the end the following: ``All immigrant visa
applications shall be reviewed and adjudicated by a consular
officer.''.
(2) Nonimmigrant visas.--Subsection (d) of such section is
amended by adding at the end the following: ``All
nonimmigrant visa applications shall be reviewed and
adjudicated by a consular officer.''.
(c) Training for Consular Officers in Detection of
Fraudulent Documents.--Section 305(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))
is amended by adding at the end the following: ``As part of
the consular training provided to such officers by the
Secretary of State, such officers shall also receive training
in detecting fraudulent documents and general document
forensics and shall be required as part of such training to
work with immigration officers conducting inspections of
applicants for admission into the United States at ports of
entry.''.
(d) Assignment of Anti-Fraud Specialists.--
(1) Survey regarding document fraud.--The Secretary of
State, in coordination with the Secretary of Homeland
Security, shall conduct a survey of each diplomatic and
consular post at which visas are issued to assess the extent
to which fraudulent documents are presented by visa
applicants to consular officers at such posts.
(2) Placement of specialist.--Not later than July 31, 2005,
the Secretary of State shall, in coordination with the
Secretary of Homeland Security, identify 100 of such posts
that experience the greatest frequency of presentation of
fraudulent documents by visa applicants. The Secretary of
State shall place in each such post at least one full-time
anti-fraud specialist employed by the Department of State to
assist the consular officers at each such post in the
detection of such fraud.

SEC. 402. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

The Secretary of Homeland Security, in each of fiscal years
2006 through 2010, shall increase by not less than 2,000 the
number of

[[Page S10090]]

positions for full-time active duty border patrol agents
within the Department of Homeland Security above the number
of such positions for which funds were allotted for the
preceding fiscal year.

SEC. 403. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS
ENFORCEMENT INVESTIGATORS.

The Secretary of Homeland Security, in each of fiscal years
2006 through 2010, shall increase by not less than 800 the
number of positions for full-time active duty investigators
within the Department of Homeland Security investigating
violations of immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)) above the number of such positions for which
funds were allotted for the preceding fiscal year. At least
half of these additional investigators shall be designated to
investigate potential violations of section 274A of the
Immigration and Nationality Act (8 U.S.C 25 1324a). Each
State shall be allotted at least 3 of these additional
investigators.
______

SA 3820. Mr. KYL 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. __. 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. __. 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 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. __. 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

[[Page S10091]]

(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.
______

SA 3821. Mr. HARKIN 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 158, line 9, strike the period and insert ``,
including information regarding privacy and civil liberties
violations, which are made by departments, agencies, or
elements of the executive branch, of regulations, policies,
or guidelines concerning information sharing and information
collection; and''.
On page 158, between lines 9 and 10 insert the following:
(C) the minority views on any findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d).
On page 160, line 6, insert ``and the National Intelligence
Director and committees of Congress described under
subsection (e)(1)(B)(i)(I),'' after ``concerned''.
______

SA 3822. Mr. HARKIN 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 154, lines 12 and 13, strike ``, regulations,'' and
insert ``and approve regulations''.
On page 154, strike line 16 and insert ``and information
collection guidelines under section 206;''.
On page 154, line 21, strike ``205(g)'' and insert ``206''.
On page 156, line 4, strike ``205(g)'' and insert ``206''.
On page 156, line 6, strike ``and'' after the semicolon.
On page 156, between lines 6 and 7, insert the following:
(C) the practices of the departments, agencies, and
elements of the executive branch in acquiring access to the
information stored and used by non-governmental entities; and
On page 156, line 7, strike ``(C)'' and insert ``(D)''.
______

SA 3823. Ms. COLLINS (for Mr. Voinovich) proposed an amendment 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:

At the appropriate place insert the following:

SEC. __. FINANCIAL DISCLOSURE AND RECORDS.

(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Office of Government Ethics shall
submit to Congress a report--
(1) evaluating the financial disclosure process for
employees of the executive branch of Government; and
(2) making recommendations for improving that process.
(b) Transmittal of Record Relating to Presidentially
Appointed Positions to Presidential Candidates.--
(1) 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.
(2) Transmittal.--
(A) 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.
(B) Other candidates.--After making transmittals under
subparagraph (A), the Office of Personnel Management may
transmit an electronic record on Presidentially appointed
positions to any other candidate for President.
(3) Content.--The record transmitted under this subsection
shall provide--
(A) all positions which are appointed by the President,
including the title and description of the duties of each
position;
(B) the name of each person holding a position described
under subparagraph (A);
(C) any vacancy in the positions described under
subparagraph (A), and the period of time any such position
has been vacant;
(D) the date on which an appointment made after the
applicable Presidential election for any position described
under subparagraph (A) is necessary to ensure effective
operation of the Government; and
(E) any other information that the Office of Personnel
Management determines is useful in making appointments.
(c) Reduction of Positions Requiring Appointment With
Senate Confirmation.--

[[Page S10092]]

(1) Definition.--In this subsection, the term ``agency''
means an Executive agency as defined under section 105 of
title 5, United States Code.
(2) Reduction plan.--
(A) 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--
(i) the President;
(ii) the Committee on Governmental Affairs of the Senate;
and
(iii) the Committee on Government Reform of the House of
Representatives.
(B) Content.--The plan under this paragraph shall provide
for the reduction of--
(i) 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
(ii) the number of levels of such positions within that
agency.
(d) Office of Government Ethics Review of Conflict of
Interest Law.--
(1) 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--
(A) the President;
(B) the Committee on Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Government Reform of the House of
Representatives; and
(E) the Committee on the Judiciary of the House of
Representatives.
(2) Content.--The report under this subsection shall--
(A) 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
(B) 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.).
______

SA 3824. Mr. BIDEN (for himself and Mr. Specter, and Mr. Kyl)
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; as follows:

At the appropriate place, insert the following new title:

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

SEC. __01. SHORT TITLE.

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

SEC. __02. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

(a) In General.--Section 1036 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area (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, United States Code, 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. 25. 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,
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 24 the following:

``25. Definition of seaport.''.

SEC. __03. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO,
OBSTRUCTION OF BOARDING, OR PROVIDING FALSE
INFORMATION.

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

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

``(a)(1) It shall be unlawful for the master, operator, or
person in charge of a vessel of the United States, or a
vessel subject to the jurisdiction of the United States, to
knowingly fail to obey an order by an authorized Federal law
enforcement officer to heave to that vessel.
``(2) It shall be unlawful for any person on board a vessel
of the United States, or a vessel subject to the jurisdiction
of the United States, to--
``(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. __04. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A
PASSENGER VESSEL.

Section 1993 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, passenger vessel,''
after ``transportation vehicle'';
(B) in paragraphs (2)--
(i) by inserting ``, passenger vessel,'' after
``transportation vehicle''; and
(ii) by inserting ``or owner of the passenger vessel''
after ``transportation provider'' each place that term
appears;
(C) in paragraph (3)--
(i) by inserting ``, passenger vessel,'' after
``transportation vehicle'' each place that term appears; and
(ii) by inserting ``or owner of the passenger vessel''
after ``transportation provider'' each place that term
appears;
(D) in paragraph (5)--
(i) by inserting ``, passenger vessel,'' after
``transportation vehicle''; and
(ii) by inserting ``or owner of the passenger vessel''
after ``transportation provider''; and
(E) in paragraph (6), by inserting ``or owner of a
passenger vessel'' after ``transportation provider'' each
place that term appears;
(2) in subsection (b)(1), by inserting ``, passenger
vessel,'' after ``transportation vehicle''; and
(3) in subsection (c)--
(A) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9) respectively; and
(B) by inserting after paragraph (5) the following:
``(6) the term `passenger vessel' has the meaning given
that term in section 2101(22) of title 46, United States
Code, and includes a small passenger vessel, as that term is
defined under section 2101(35) of that title.''.

SEC. __05. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES,
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

[[Page S10093]]

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. __06. TRANSPORTATION OF DANGEROUS MATERIALS AND
TERRORISTS.

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

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

``(a) In General.--Any person who knowingly and willfully
transports aboard any vessel within the United States, on the
high seas, or having United States nationality, an explosive
or incendiary device, biological agent, chemical weapon, or
radioactive or nuclear material, knowing that any such item
is intended to be used to commit an offense listed under
section 2332b(g)(5)(B), shall be fined under this title,
imprisoned for any term of years or for life, or both; and if
the death of any person results from conduct prohibited by
this subsection, may be punished by death.
``(b) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means
any biological agent, toxin, or vector (as those terms are
defined in section 178).
``(2) By-product material.--The term `by-product material'
has the meaning given that term in section 11(e) of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the
meaning given that term in section 229F.
``(4) Explosive or incendiary device.--The term `explosive
or incendiary device' has the meaning given the term in
section 232(5).
``(5) Nuclear material.--The term `nuclear material' has
the meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive
material' means--
``(A) source material and special nuclear material, but
does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an
accelerator; or
``(D) all refined isotopes of radium.
``(7) Source material.--The term `source material' has the
meaning given that term in section 11(z) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014(z)).
``(8) Special nuclear material.--The term `special nuclear
material' has the meaning given that term in section 11(aa)
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

``Sec. 2284. Transportation of terrorists

``(a) In General.--Any person who knowingly and willfully
transports any terrorist aboard any vessel within the United
States, on the high seas, or having United States
nationality, knowing that the transported person is a
terrorist, shall be fined under this title, imprisoned for
any term of years or for life, or both.
``(b) Defined Term.--In this section, the term `terrorist'
means any person who intends to commit, or is avoiding
apprehension after having committed, an offense listed under
section 2332b(g)(5)(B).''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 111 of title 18, United States Code, as
amended by this title, is amended by adding at the end the
following:

``2283. Transportation of explosive, chemical, biological, or
radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

SEC. __07. DESTRUCTION OR INTERFERENCE WITH VESSELS OR
MARITIME FACILITIES.

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

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

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``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;

[[Page S10094]]

``(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.''.
(c) 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''.

SEC. __08. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR
VESSELS.

(a) Theft of Interstate or Foreign Shipments.--Section 659
of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after ``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal container,
trailer, container freight station, warehouse, or freight
consolidation facility,'' after ``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``one
year'' and inserting ``3 years''; and
(3) by inserting after the first sentence in the eighth
undesignated paragraph the following: ``For purposes of this
section, goods and chattel shall be construed to be moving as
an interstate or foreign shipment at all points between the
point of origin and the final destination (as evidenced by
the waybill or other shipping document of the shipment),
regardless of any temporary stop while awaiting transshipment
or otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States
Code, is amended by adding at the end the following:
`` `Vessel' means any watercraft or other contrivance used
or designed for transportation or navigation on, under, or
immediately above, water.''.
(2) Transportation and sale of stolen vessels.--Sections
2312 and 2313 of title 18, United States Code, are each
amended by striking ``motor vehicle or aircraft'' each place
that term appears 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 title.
(d) Annual Report of Law Enforcement Activities.--The
Attorney General shall annually submit to Congress a report,
which shall include an evaluation of law enforcement
activities relating to the investigation and prosecution of
offenses under section 659 of title 18, United States Code,
as amended by this title.
(e) Reporting of Cargo Theft.--The Attorney General shall
take the steps necessary to ensure that reports of cargo
theft collected by Federal, State, and local officials are
reflected as a separate category in the Uniform Crime
Reporting System, or any successor system, by not later than
December 31, 2005.

SEC. __09. INCREASED PENALTIES FOR NONCOMPLIANCE WITH
MANIFEST REQUIREMENTS.

(a) Reporting, Entry, Clearance Requirements.--Section
436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is
amended by--
(1) striking ``or aircraft pilot'' and inserting ``,
aircraft pilot, operator, owner of such vessel, vehicle or
aircraft or any other responsible party (including non-vessel
operating common carriers)'';
(2) striking ``$5,000'' and inserting ``$10,000''; and
(3) striking ``$10,000'' and inserting ``$25,000''.
(b) Criminal Penalty.--Section 436(c) of the Tariff Act of
1930 (19 U.S.C. 1436(c)) is amended by striking ``$2,000''
and inserting ``$10,000''.
(c) Falsity or Lack of Manifest.--Section 584(a)(1) of the
Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by
striking ``$1,000'' in each place it occurs and inserting
``$10,000''.

SEC. __10. STOWAWAYS ON VESSELS OR AIRCRAFT.

Section 2199 of title 18, United States Code, is amended by
striking ``Shall be fined under this title or imprisoned not
more than one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(2) if the person commits an act proscribed by this
section, with the intent to commit serious bodily injury, and
serious bodily injury occurs (as defined under section 1365,
including any conduct that, if the conduct occurred in the
special maritime and territorial jurisdiction of the United
States, would violate section 2241 or 2242) to any person
other than a participant as a result of a violation of this
section, shall be fined under this title, 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. __11. BRIBERY AFFECTING PORT SECURITY.

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

``Sec. 226. Bribery affecting port security

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

[[Page S10095]]

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.''.
______

SA 3825. Mr. LEVIN (for himself and Mr. Alexander) submitted an
amendment intended to be propsed by him to the bill S. 2845, to reform
the intelligence community and the 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. __. PRIVATE SECURITY OFFICER EMPLOYMENT AUTHORIZATION
ACT OF 2004.

(a) Short Title.--This section may be cited as the
``Private Security Officer Employment Authorization Act of
2004''.
(b) Findings.--Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to,
but not a replacement for, public law enforcement by, among
other things, helping to protect critical infrastructure,
including hospitals, manufacturing facilities, defense and
aerospace contractors, nuclear power plants, chemical
companies, oil and gas refineries, airports, communication
facilities and operations, and others;
(3) the 9-11 Commission Report says that ``Private sector
preparedness is not a luxury; it is a cost of doing business
in the post-9/11 world. It is ignored at a tremendous
potential cost in lives, money, and national security'' and
endorsed adoption of the American National Standards
Institute's standard for private preparedness;
(4) part of improving private sector preparedness is
mitigating the risks of terrorist attack on critical
infrastructure by ensuring that private security officers who
protect those facilities are properly screened to determine
their suitability;
(5) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers; and
(6) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained.
(c) Definitions.--In this section:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment as a private
security officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.-- The term ``private security
officer''--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty is to
perform security services, full- or part-time, for
consideration, whether armed or unarmed and in uniform or
plain clothes (except for services excluded from coverage
under this section if the Attorney General determines by
regulation that such exclusion would serve the public
interest); but
(B) does not include--
(i) employees whose duties are primarily internal audit or
credit functions;
(ii) employees of electronic security system companies
acting as technicians or monitors; or
(iii) employees whose duties primarily involve the secure
movement of prisoners.
(4) Security services.--The term ``security services''
means acts to protect people or property as defined by
regulations promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by
the Attorney General for the submission and receipt of
criminal history record information.
(d) Criminal History Record Information Search.--
(1) In general.--
(A) Submission of fingerprints.--An authorized employer may
submit to the State identification bureau of a participating
State, fingerprints or other means of positive
identification, as determined by the Attorney General, of an
employee of such employer for purposes of a criminal history
record information search pursuant to this section.
(B) Employee rights.--
(i) Permission.--An authorized employer shall obtain
written consent from an employee to submit to the State
identification bureau of a participating State the request to
search the criminal history record information of the
employee under this section.
(ii) Access.--An authorized employer shall provide to the
employee confidential access to any information relating to
the employee received by the authorized employer pursuant to
this section.
(C) Providing information to the state identification
bureau.--Upon receipt of a request for a criminal history
record information search from an authorized employer
pursuant to this section, submitted through the State
identification bureau of a participating State, the Attorney
General shall--
(i) search the appropriate records of the Criminal Justice
Information Services Division of the Federal Bureau of
Investigation; and
(ii) promptly provide any resulting identification and
criminal history record information to the submitting State
identification bureau requesting the information.
(D) Use of information.--
(i) In general.--Upon receipt of the criminal history
record information from the Attorney General by the State
identification bureau, the information shall be used only as
provided in clause (ii).
(ii) Terms.--In the case of--

(I) a participating State that has no State standards for
qualification to be a private security officer, the State
shall notify an authorized employer as to the fact of whether
an employee has been--

(aa) convicted of a felony, an offense involving dishonesty
or a false statement if the conviction occurred during the
previous 10 years, or an offense involving the use or
attempted use of physical force against the person of another
if the conviction occurred during the previous 10 years; or
(bb) charged with a criminal felony for which there has
been no resolution during the preceding 365 days; or

(II) a participating State that has State standards for
qualification to be a private security officer, the State
shall use the information received pursuant to this section
in applying the State standards and shall only notify the
employer of the results of the application of the State
standards.

(E) Frequency of requests.--An authorized employer may
request a criminal history record information search for an
employee only once every 12 months of continuous employment
by that employee unless the authorized employer has good
cause to submit additional requests.
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such
final or interim final regulations as may be necessary to
carry out this section, including--
(A) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and recordkeeping;
(B) standards for qualification as an authorized employer;
and
(C) the imposition of reasonable fees necessary for
conducting the background checks.
(3) Criminal penalties for use of information.--Whoever
knowingly and intentionally uses any information obtained
pursuant to this section other than for the purpose of
determining the suitability of an individual for employment
as a private security officer shall be fined under title 18,
United States Code, or imprisoned for not more than 2 years,
or both.
(4) User fees.--
(A) In general.--The Director of the Federal Bureau of
Investigation may--
(i) collect fees to process background checks provided for
by this section; and
(ii) establish such fees at a level to include an
additional amount to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs.
(B) Limitations.--Any fee collected under this subsection--
(i) shall, consistent with Public Law 101-515 and Public
Law 104-99, be credited to the appropriation to be used for
salaries and other expenses incurred through providing the
services described in such Public Laws and in subparagraph
(A);
(ii) shall be available for expenditure only to pay the
costs of such activities and services; and
(iii) shall remain available until expended.
(C) State costs.--Nothing in this section shall be
construed as restricting the right of a State to assess a
reasonable fee on an authorized employer for the costs to the
State of administering this section.
(5) State opt out.--A State may decline to participate in
the background check system authorized by this section by
enacting a law or issuing an order by the Governor (if
consistent with State law) providing that the State is
declining to participate pursuant to this paragraph.
______

SA 3826. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye)
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 84, beginning on line 8, strike ``joint
operations'' and insert ``strategic planning''.
______

SA 3827. Mr. STEVENS submitted an amendment intended to be proposed
by

[[Page S10096]]

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 130, strike line 20 and all that follows through
page 153, line 2.
______

SA 3828. Mr. STEVENS (for himself, Mr. Inouye, and Mr. Warner)
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, line 12, strike ``unless'' and all that follows
through line 15 and insert ``which the National Intelligence
Director and the head of the department, agency, and element
concerned agree to; but''.
On page 12, line 22, strike ``consultation'' and insert
``coordination''.
On page 13, line 6, insert before the semicolon the
following: ``as agreed to in accordance with section
2(6)(A)(iii)''.
On page 13, beginning on line 9, strike ``the military
intelligence'' and all that follows through line 11 and
insert ``the Joint Military Intelligence Program and the
Tactical Intelligence and Related Activities programs;''.
On page 21, beginning on line 20, strike ``military
intelligence'' and all that follows through line 22 and
insert ``the Joint Military Intelligence Program and the
Tactical Intelligence and Related Activities programs;''.
On page 22, strike lines 1 and 2 and insert the following:
heads of departments that contain elements of the
intelligence community; and
On page 22, line 3, insert ``, in coordination with the
heads of the departments concerned,'' after ``overseeing''.
On page 23, line 13, insert before the period the
following: ``as agreed to in accordance with section
2(6)(A)(iii)''.
______

SA 3829. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye)
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 212, strike lines 3 through 6, and insert the
following:
(a) In General.--This Act and the amendments made by this
Act shall take effect one year after the date of the
enactment of this Act, except that--
(1) subsections (a) and (b) of section 102 (relating to the
establishment of the position of National Intelligence
Director) shall take effect 90 days after the date of the
enactment of this Act, and the President shall prescribe the
duties of the position of National Intelligence Director that
are to apply before subsections (d) and (e) of such section
take effect;
(2) section 143 (relating to the establishment and
operation of the National Counterterrorism Center) shall take
effect 90 days after the date of the enactment of this Act,
and the National Counterterrorism Center shall be operated
without reference to its status under section 143(a) as an
entity within the National Intelligence Authority until the
National Intelligence Authority is established when section
101 takes effect;
(3) section 331 and the amendments made by such section
shall take effect 90 days after the date of the enactment of
this Act; and
(4) a provision of this Act shall take effect on any
earlier date that the President specifies for such provision
in an exercise of the authority provided in subsection (b).
______

SA 3830. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye)
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, beginning on line 16, strike ``of the National
Intelligence Director''.
On page 43, beginning on line 1, strike ``OF THE NATIONAL
INTELLIGENCE DIRECTOR''.
On page 43, beginning on line 5, strike ``of the National
Intelligence Director'' and insert ``for the National
Intelligence Director and the Director of the Central
Intelligence Agency''.
On page 43, beginning on line 17, strike ``of the National
Intelligence Director''.
On page 141, between lines 16 and 17, insert the following:
(H) the Director of the Central Intelligence Agency or his
designee;
On page 141, line 16, strike ``(H)'' and insert ``(I)''.
On page 141, line 18, strike ``(I)'' and insert ``(J)''.
On page 141, line 21, strike ``(J)'' and insert ``(K)''.
On page 179, beginning on line 21, strike ``and
coordination of'' and all that follows through ``elements
of'' beginning on line 23 and insert ``, and coordinate
outside the United States, the collection of national
intelligence through human sources by agencies and
organizations within''.
On page 194, beginning on line 23, strike ``of the National
Intelligence Director''.
______

SA 3831. Mr. LAUTENBERG 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 59, line 14, strike ``shall'' and insert ``may''.
______

SA 3832. 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:

At the appropriate place, insert the following:

SEC. __. COMMUNICATIONS INTEROPERABILITY.

(a) Definition.--As used in this section, the term
``interoperability'' means the ability of public safety
service and support providers to talk with each other via
voice and data on demand, in real time, when needed, and when
authorized.
(b) National Interoperability Standards.--Not later than
180 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with
appropriate representatives of Federal, State, and local
government and first responders, shall adopt, by regulation,
national interoperability goals and standards that--
(1) set short-term, mid-term, and long-term means and
minimum performance standards for Federal agencies, States,
and local governments;
(2) recognize--
(A) the value, life cycle, and technical capabilities of
existing communications infrastructure;
(B) the need for cross-border interoperability between
States and nations;
(C) the unique needs of small, rural communities; and
(D) the interoperability needs for daily operations and
catastrophic events.
(c) National Interoperability Implementation Plan.--
(1) Development.--Not later 180 days of the completion of
the development of goals and standards under subsection (b),
the Secretary of Homeland Security shall develop an
implementation plan that--
(A) outlines the responsibilities of the Department of
Homeland Security; and
(B) focuses on providing technical and financial assistance
to States and local governments for interoperability planning
and implementation.
(2) Execution.--The Secretary shall execute the plan
developed under this subsection as soon as practicable.
(3) Reports.--
(A) Initial report.--Upon the completion of the plan under
subsection (c), the Secretary shall submit a report that
describes such plan to--
(i) the Committee on Governmental Affairs of the Senate;
(ii) the Committee on Environment and Public Works of the
Senate; and
(iii) the Select Committee on Homeland Security of the
House of Representatives.
(B) Annual report.--Not later than 1 year after the
submission of the report under subparagraph (A), and annually
thereafter, the Secretary shall submit a report to the
committees referred to in subparagraph (A) that describes the
progress made in implementing the plan developed under this
subsection.
(d) International Interoperability.--Not later than 1 year
after the date of enactment of this Act, the President shall
establish a mechanism for coordinating cross-border
interoperability issues between--
(1) the United States and Canada; and
(2) the United States and Mexico.
(e) Authorization of Appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009--
(1) such sums as may be necessary to carry out subsection
(b);
(2) such sums as may be necessary to carry out subsection
(c); and
(3) such sums as may be necessary to carry out subsection
(d).
______

SA 3833. Mr. AKAKA 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 in the bill insert the following:
Sec.  .
Reported by the Secretary of Defense on Implementation of
Recommendations by the

[[Page S10097]]

Defense Science Board on Preventing and Defending Against
Clandestine Nuclear Attack.
(A) Findings.--A report of the Defense Science Board Task
Force on Preventing and Defending Against Clandestine Nuclear
Attack of June 2004--
(1) found that ``little has actually been done against the
threat of clandestine nuclear attack'';
(2) found that nuclear weapons ``are spreading to places
and regions where the prospects for effective control to
prevent their loss and stem their continued spread are highly
uncertain''; and
(3) called for the Department of Defense to lead an
interagency task force to ``develop a multi-element, layered,
global, civil/military system of systems and capabilities
that would greatly reduce the likelihood of a successful
clandestine nuclear attack.''
(B) Report.--No later than 3 months following the date of
enactment of this act, the Secretary of Defense shall submit
a report to the Congress describing the steps it has taken to
address the recommendations of the Defense Science Board Task
force on Preventing and Defending Against Clandestine Nuclear
Attack.
______

SA 3834. Mrs. BOXER 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:

SEC. __. MANDATORY IMPRISONMENT FOR FRAUD IN CONNECTION WITH
INTERNATIONAL TERRORISM.

Section 1028(b)(4) of title 18, United States Code, is
amended by striking ``or imprisonment for not more than 25
years, or both,'' and inserting ``and imprisonment for not
more than 25 years''.
______

SA 3835. Mrs. BOXER 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 othr purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. __. COMMUNICATION SYSTEM GRANTS.

(a) In General.--The Secretary of Homeland Security may
award grants, on a competitive basis, to States, local
governments, local law enforcement agencies, and local fire
departments to--
(1) improve communication systems to allow for real time,
interoperable communication between State and local first
responders; or
(2) purchase communication systems that allow for real
time, interoperable communication between State and local
first responders.
(b) Application.--Any State, local government, local law
enforcement agency, or local fire department desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(c) Authorization of Appropriations.--There are authorized
to be appropriated $300,000,000 for each of the fiscal years
2005 through 2009 to carry out the provisions of this
section.
______

SA 3836. Mrs. BOXER 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:

SEC. __. COMMUNICATION SYSTEM GRANTS.

(a) In General.--The Secretary of Homeland Security may
award grants, on a competitive basis, to States, local
governments, local law enforcement agencies, and local fire
departments to--
(1) improve communication systems to allow for real time,
interoperable communication between State and local first
responders; or
(2) purchase communication systems that allow for real
time, interoperable communication between State and local
first responders.
(b) Application.--Any State, local government, local law
enforcement agency, or local fire department desiring a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary for each of the
fiscal years 2005 through 2009 to carry out the provisions of
this section.
______

SA 3837. Mr. CONRAD 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, add the following:

TITLE IV--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM

SEC. 401. ESTABLISHMENT.

The Secretary of Homeland Security shall carry out a pilot
program to test various advanced technologies that will
improve border security between ports of entry along the
northern border of the United States.

SEC. 402. PROGRAM REQUIREMENTS.

(a) Required Features.--The Secretary of Homeland Security
shall design the pilot program under this title to have the
following features:
(1) Use of advanced technological systems, including
sensors, video, and unmanned aerial vehicles, for border
surveillance.
(2) Use of advanced computing and decision integration
software for--
(A) evaluation of data indicating border incursions;
(B) assessment of threat potential; and
(C) rapid real-time communication, monitoring, intelligence
gathering, deployment, and response.
(3) Testing of advanced technology systems and software to
determine best and most cost-effective uses of advanced
technology to improve border security.
(4) Operation of the program in remote stretches of border
lands with long distances between 24-hour ports of entry
where the terrain is varied, the climatological and other
environmental conditions vary over wide ranges between severe
extremes, and the usual number of United States Border Patrol
officers on regular patrol (as measured on the basis of
average number per mile) is low.
(5) Capability to expand the program upon a determination
by the Secretary that expansion would be an appropriate and
cost-effective means of improving border security.
(b) Coordination With Other Agencies.--The Secretary of
Homeland Security shall ensure that the operation of the
pilot program under this title--
(1) is coordinated among United States, State and local,
and Canadian law enforcement and border security agencies;
and
(2) includes ongoing communication among such agencies.

SEC. 403. ADMINISTRATIVE PROVISIONS.

(a) Procurement of Advanced Technology.--The Secretary of
Homeland Security may enter into contracts for the
procurement or use of such advanced technologies as the
Secretary determines appropriate for the pilot program under
this title.
(b) Program Partnerships.--In carrying out the pilot
program, the Secretary of Homeland Security may provide for
the establishment of cooperative arrangements for
participation in the pilot program by such participants as
the Armed Forces, law enforcement and border security
agencies referred to in section 402(b), institutions of
higher education, and private sector entities.

SEC. 404. REPORT.

(a) Requirement for Report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit to Congress a report on the
pilot program under this title.
(b) Content.--The report under subsection (a) shall include
the following matters:
(1) A discussion of the implementation of the pilot
program, including the experience under the pilot program.
(2) A recommendation regarding expansion of the pilot
program along the entire northern border of the United States
and a timeline for the implementation of the expansion.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated such sums as may be
necessary to carry out the pilot program under this title.
______

SA 3838. Mr. CONRAD 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. __. NATIONAL EMERGENCY TELEMEDICAL COMMUNICATIONS.

(a) Telehealth Task Force.--
(1) Establishment.--The Secretary of Commerce, in
consultation with the Secretary of Homeland Security and the
Secretary of Health and Human Services, shall establish a
task force to be known as the ``National Emergency Telehealth
Network Task Force'' (referred to in this subsection as the
``Task Force'') to advise the Secretary of Commerce on the
use of telehealth technologies to prepare for, monitor,
respond to, and manage the events of a biological, chemical,
or nuclear terrorist attack or other public health
emergencies.
(2) Functions.--The Task Force shall--
(A) conduct an inventory of existing telehealth
initiatives, including--
(i) the specific location of network components;
(ii) the medical, technological, and communications
capabilities of such components; and
(iii) the functionality of such components;
(B) make recommendations for use by the Secretary of
Commerce in establishing

[[Page S10098]]

standards for regional interoperating and overlapping
information and operational capability response grids in
order to achieve coordinated capabilities based on responses
among Federal, State, and local responders;
(C) recommend any changes necessary to integrate technology
and clinical practices;
(D) recommend to the Secretary of Commerce acceptable
standard clinical information that could be uniformly applied
and available throughout a national telemedical network and
tested in the regional networks;
(E) research, develop, test, and evaluate administrative,
physical, and technical guidelines for protecting the
confidentiality, integrity, and availability of regional
networks and all associated information and advise the
Secretary of Commerce on issues of patient data security, and
compliance with all applicable regulations;
(F) in consultation and coordination with the regional
telehealth networks established under subsection (b), test
such networks for their ability to provide support for the
existing and planned efforts of State and local law
enforcement, fire departments, health care facilities, and
Federal and State public health agencies to prepare for,
monitor, respond rapidly to, or manage the events of a
biological, chemical, or nuclear terrorist attack or other
public health emergencies with respect to each of the
functions listed in subparagraphs (A) through (H) of
subsection (b)(3); and
(G) facilitate the development of training programs for
responders and a mechanism for training via enhanced advanced
distributive learning.
(3) Membership.--The Task Force shall include
representation from--
(A) relevant Federal agencies;
(B) relevant State and local government agencies including
public health officials;
(C) professional associations specializing in health care;
and
(D) other relevant private sector organizations, including
public health and national telehealth organizations and
representatives of academic and corporate information
management and information technology organizations.
(4) Meetings and reports.--
(A) Meetings.--The Task Force shall meet as the Secretary
of Commerce may direct.
(B) Report.--
(i) In general.--Not later than 3 years after the date of
enactment of this Act the Task Force shall prepare and submit
a report to Congress regarding the activities of the Task
Force.
(ii) Contents.--The report described in clause (i) shall
recommend, based on the information obtained from the
regional telehealth networks established under subsection
(b), whether and how to build on existing telehealth networks
to develop a National Emergency Telehealth Network.
(5) Implementation.--The Task Force may carry out
activities under this subsection in cooperation with other
entities, including national telehealth organizations.
(6) Termination.--The Task Force shall terminate upon
submission of the final report required under paragraph
(4)(B).
(b) Establishment of State and Regional Telehealth
Networks.--
(1) Program authorized.--
(A) In general.--The Secretary of Commerce, in consultation
with the Secretary of Homeland Security and the Secretary of
Health and Human Services, is authorized to award grants to 3
regional consortia of States to carry out pilot programs for
the development of statewide and regional telehealth network
testbeds that build on, enhance, and securely link existing
State and local telehealth programs.
(B) Duration.--The Secretary of Commerce shall award grants
under this subsection for a period not to exceed 3 years.
Such grants may be renewed.
(C) State consortium plans.--Each regional consortium of
States desiring to receive a grant under subparagraph (A)
shall submit to the Secretary of Commerce a plan that
describes how such consortium shall--
(i) interconnect existing telehealth systems in a
functional and seamless fashion to enhance the ability of the
States in the region to prepare for, monitor, respond to, and
manage the events of a biological, chemical, or nuclear
terrorist attack or other public health emergencies; and
(ii) link to other participating States in the region via a
standard interoperable connection using standard information.
(D) Priority.--In making grants under this subsection, the
Secretary of Commerce shall give priority to regional
consortia of States that demonstrate--
(i) the interest and participation of a broad cross section
of relevant entities, including public health offices,
emergency preparedness offices, and health care providers;
(ii) the ability to connect major population centers as
well as isolated border, rural, and frontier communities
within the region to provide medical, public health, and
emergency services in response to a biological, chemical, or
nuclear terrorist attack or other public health emergencies;
(iii) an existing telehealth and telecommunications
infrastructure that connects relevant State agencies, health
care providers, universities, and relevant Federal agencies;
and
(iv) the ability to quickly complete development of a
region-wide interoperable emergency telemedical network to
expand communications and service capabilities and facilitate
coordination among multiple medical, public health, and
emergency response agencies, and the ability to test
recommendations of the task force established under
subsection (a) within 3 years.
(2) Regional networks.--A consortium of States awarded a
grant under paragraph (1) shall develop a regional telehealth
network to support emergency response activities and provide
medical services by linking established telehealth
initiatives within the region to and with the following:
(A) First responders, such as police, firefighters, and
emergency medical service providers.
(B) Front line health care providers, including hospitals,
emergency medical centers, medical centers of the Department
of Defense and the Department of Veterans Affairs, and
public, private, community, rural, and Indian Health Service
clinics.
(C) State and local public health departments, offices of
rural health, and relevant Federal agencies.
(D) Experts on public health, bioterrorism, nuclear safety,
chemical weapons and other relevant disciplines.
(E) Other relevant entities as determined appropriate by
such consortium.
(3) Functions of the networks.--Once established, a
regional telehealth network under this subsection shall test
the feasibility of recommendations (including recommendations
relating to standard clinical information, operational
capability, and associated technology and information
standards) described in subparagraphs (B) through (E) of
subsection (a)(2), and provide reports to the task force
established under subsection (a), on such network's ability,
in preparation of and in response to a biological, chemical,
or nuclear terrorist attack or other public health
emergencies, to support each of the following functions:
(A) Rapid emergency response and coordination.
(B) Real-time data collection for information
dissemination.
(C) Environmental monitoring.
(D) Early identification and monitoring of biological,
chemical, or nuclear exposures.
(E) Situationally relevant expert consultative services for
patient care and front-line responders.
(F) Training of responders.
(G) Development of an advanced distributive learning
network.
(H) Distance learning for the purposes of medical and
clinical education, and simulation scenarios for ongoing
training.
(4) Requirements.--In awarding a grant under paragraph (1),
the Secretary of Commerce shall--
(A) require that each regional network adopt common
administrative, physical, and technical approaches for
seamless interoperability and to protect the network's
confidentiality, integrity, and availability, taking into
consideration guidelines developed by the task force
established under subsection (a); and
(B) require that each regional network inventory and report
to the task force established under subsection (a), the
technology and technical infrastructure available to such
network.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $150,000,000 for fiscal years 2005,
2006, and 2007. Amounts made available under this paragraph
shall remain available until expended.
(2) Limit on administrative expenses.--Not more than 5
percent of the amount made available for each fiscal year
under paragraph (1) shall be used for Task Force
administrative costs.
______

SA 3839. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye)
proposed an amendment 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 115, strike line 13 and all that follows through
page 116, line 23.
______

SA 3840. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye)
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 109, strike line 4 and all that follows through
page 113, line 3.
On page 113, line 4, strike ``163.'' and insert ``162.''.
On page 114, line 1, strike ``164.'' and insert ``163.''.
______

SA 3841. Mr. NELSON of Florida 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, insert the following new title:

[[Page S10099]]

TITLE IV--TRANSPORTATION SECURITY

SEC. 401. WATCHLISTS FOR PASSENGERS ABOARD VESSELS.

(a) In General.--As soon as practicable but not later than
180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall--
(1) implement a procedure under which the Department of
Homeland Security compares information about passengers who
are to be carried aboard a cruise ship with a comprehensive,
consolidated database containing information about known or
suspected terrorists and their associates; and
(2) use the information obtained by comparing the passenger
information with the information in the database to prevent
known or suspected terrorists and their associates from
boarding such vessels or to subject them to specific
additional security scrutiny, through the use of ``no
transport'' and ``automatic selectee'' lists or other means.
(b) Cooperation from Operators of Passenger Vessels.--The
Secretary of Homeland Security shall by order require
operators of cruise ships to provide the passenger
information necessary to implement the procedure required by
subsection (a).
(c) Maintaining the Accuracy and Integrity of the ``No
Transport'' and ``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigations, shall design guidelines, policies,
and operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in the
watchlist database described in subsection (a)(1) that are
designed to ensure the accuracy and integrity of the
databases.
(2) Accuracy of Entries.--In developing the ``no
transport'' and ``automatic selectee'' lists under subsection
(a)(1), the Secretary of Homeland Security shall establish a
simple and timely method for correcting erroneous entries,
for clarifying information known to cause false hits or
misidentification errors, and for updating relevant
information that is dispositive in the passenger screening
process. The Secretary shall also establish a process to
provide an individual whose name is confused with, or similar
to, a name in the watchlist database with a means of
demonstrating that such individual is not the person named in
the database.
(d) Cruise Ship Defined.--In this section, the term
``cruise ship''--
(1) means any vessel (except one described in paragraph
(2)) that--
(A) weighs over 100 gross register tons;
(B) carries more than 200 passengers for hire;
(C) makes voyages lasting more than 24 hours, of which any
part is on the high seas; and
(D) carries passengers who embark and disembark in the
United States or its territories or possessions; and
(2) does not mean a ferry that--
(A) holds a Coast Guard Certificate of Inspection endorsed
for ``Lakes, Bays, and Sounds''; and
(B) transits international waters for only short periods of
time on frequent schedules.
______

SA 3842. Mr. AKAKA 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 69, line 12, insert ``In carrying out the duties
and responsibilities specified in this Act, the Inspector
General shall give particular regard to the activities of the
internal audit, inspection, and investigative units of the
Inspectors General of the elements of the intelligence
community with a view toward avoiding duplication and
ensuring effective coordination and cooperation.'' after the
period.
______

SA 3843. Mr. BAYH 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. __. REFORM OF SENATE OVERSIGHT OF INTELLIGENCE AND
HOMELAND SECURITY.

(a) Establishing a Permanent Committee on Intelligence.--
(1) In general.--There is established in the Senate a
Committee on Intelligence (referred to in this subsection as
the ``committee'') with majority party's representation on
the committee never exceeding that of the minority party by
more than one.
(2) Membership.--Four of the members of the committee shall
be members of one of the following committees: Armed
Services, Judiciary, Foreign Relations, and the Defense
Appropriations Subcommittee on the Committee of
Appropriations.
(3) Term limits.--Members shall serve on the committee
without term limits.
(4) Subpoena authority.--The committee shall have subpoena
authority.
(5) Staff and subcommittee.--The committee shall have--
(A) subcommittees with at least a one subcommittee with
operational oversight of the National Intelligence Program;
(B) responsibilities other than budget development; and
(C) staff appropriately sized to meet the mission of the
committee.
(6) Jurisdiction.--The committee shall have sole
jurisdiction over the authorization and appropriation for all
programs in the National Intelligence Program.
(b) Establishing a Single Point of Jurisdiction for the
Department of Homeland Security.--
(1) In general.--There is established in the Senate a
Committee on Homeland Security (referred to in this
subsection as the ``committee'') with jurisdiction for the
Department of Homeland Security and its duties.
(2) Staff.--The committee shall be a permanent standing
committee with a nonpartisan staff.
(3) Other committees.--The jurisdiction of the committee
shall supersede the jurisdiction of any other committee of
the Senate.
(c) Repeal.--S. Res. 400 (94th Congress) is repealed.
(d) Effective Date.--This section shall take effect on the
convening of the 109th Congress.
______

SA 3844. Mr. BAYH 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. __. GUARANTEED HOMELAND SECURITY GRANT FUNDING.

The Secretary of Homeland Security shall ensure that each
State receives an amount of grant funding in fiscal year
2005, and each subsequent fiscal year, under the State
Homeland Security Grant Program, the Urban Area Security
Initiative, and the Law Enforcement Terrorism Prevention
Program that is not less than the amount received by such
State for such programs in fiscal year 2004.
______

SA 3845. Mr. BYRD 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 10, between lines 16 and 17, insert the following:
(d) Removal.--The National Intelligence Director may be
removed from office by the President. The President shall
communicate to each House of Congress the reasons for the
removal of a National Intelligence Director from office.
On page 10, line 17, strike ``(d)'' and insert ``(e)''.
On page 11, line 3, strike ``(e)'' and insert ``(f)''.
On page 11, line 5, strike ``subsection (c)'' and insert
``subsection (e)''.
On page 22, line 11, strike ``(f) and (g)'' and insert
``(e), (f), and (g)''.
On page 24, beginning on line 1, strike ``, pursuant to
subsection (e),''.
On page 24, strike line 8 and all that follows through age
25, line 20.
On page 25, line 21, strike ``(f)'' and insert ``(e)''.
On page 27, strike line 1 and all that follows through page
30, line 22, and insert the following:
(f) Role of National Intelligence Director in
Reprogramming.--(1) No funds made available under the
National Intelligence Program may be transferred or
reprogrammed without the prior approval of the National
Intelligence Director, except in accordance with procedures
prescribed by the National Intelligence Director.
(2) The Secretary of Defense shall consult with the
National Intelligence Director before transferring or
reprogramming funds made available under the Joint Military
Intelligence Program.
(g) Transfer of Funds or Personnel Within National
Intelligence Program.--(1) In addition to any other
authorities available under law for such purposes, the
National Intelligence Director, with the approval of the
Director of the Office of Management and Budget--
(A) may transfer funds appropriated for a program within
the National Intelligence Program to another such program;
and
(B) in accordance with procedures to be developed by the
National Intelligence Director, the heads of the departments
and agencies concerned may transfer personnel authorized for
an element of the intelligence community to another such
element for periods up to one year.
(2) The amounts available for transfer in the National
Intelligence Program in any given fiscal year, and the terms
and conditions governing such transfers, are subject to the
provisions of annual appropriations Acts and this subsection.
(3)(A) A transfer of funds or personnel may be made under
this subsection only if--
(i) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(ii) the need for funds or personnel for such activity is
based on unforeseen requirements;
(iii) the transfer does not involve a transfer of funds to
the Reserve for Contingencies of the National Intelligence
Director;

[[Page S10100]]

(iv) in the case of a transfer of funds, the transfer
results in a cumulative transfer of funds out of any
department, agency, or element, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
(I) that is less than $100,000,000; and
(II) that is less than 5 percent of amounts available to
such department, agency, or element; and
(v) the transfer does not terminate a program.
(B) A transfer may be made without regard to a limitation
set forth in clause (iv) or (v) of subparagraph (A) if the
transfer has the concurrence of the head of the department,
agency, or element concerned. The authority to provide such
concurrence may only be delegated by the head of the
department, agency, or element concerned to the deputy of
such officer.
(4) Funds transferred under this subsection shall remain
available for the same period as the appropriations account
to which transferred.
(5) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable
to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer for which
notice is given to the appropriate congressional committees
shall be accompanied by a report explaining the nature of the
proposed transfer and how it satisfies the requirements of
this subsection. In addition, the congressional intelligence
committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which
the transfer would not have otherwise required reprogramming
notification under procedures in effect as of the date of the
enactment of this subsection.
(6)(A) The National Intelligence Director shall promptly
submit a report on any transfer of personnel under this
subsection to--
(i) the congressional intelligence committees;
(ii) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives;
(iii) in the case of the transfer of personnel to or from
the Department of Defense, the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives; and
(iv) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary
of the Senate and the House of Representatives.
(B) The Director shall include in any such report an
explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
On page 47, line 19, insert before the period the following
``, by and with the advice and consent of the Senate''.
On page 53, line 2, insert before the period the following
``, by and with the advice and consent of the Senate''.
On page 55, beginning on line 5, strike ``the National
Intelligence Director'' and insert ``the President, by and
with the advice and consent of the Senate''.
On page 60, beginning on line 14, strike ``appropriately''.
On page 61, line 11, insert ``and Congress'' after
``Director''.
On page 61, line 21, strike ``significant''.
On page 63, line 16, insert ``and the congressional
intelligence committees'' after ``National Intelligence
Director''.
On page 138, beginning on line 21, strike ``and to
Congress'' and insert ``, to the Select Committee on
Intelligence and the Committees on Appropriations and
Governmental Affairs of the Senate, and to the Permanent
Select Committee on Intelligence and the Committees on
Appropriations and Government Reform of the House of
Representatives''.
On page 140, strike lines 5 through 14 and insert the
following:
(2) Deputy director of management and budget for
information sharing.--There is within the Office of
Management and Budget a Deputy Director of Management and
Budget for Information Sharing who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Deputy Director shall carry out the day-to-day duties of
the Director specified in this section. The Deputy Director
shall report directly to the Director of the Office of
Management and Budget. The Deputy Director shall be paid at
On page 174, strike lines 14 through 22.
______

SA 3846. Mr. BYRD 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; as follows:

On page 47, strike line 16 and all that follows through
page 63, line 16, and insert the following:
(b) Deputy National Intelligence Directors.--(1) There may
be not more than four Deputy National Intelligence Directors
who shall be appointed by the President, by and with the
advice and consent of the Senate.
(2) In the event of a vacancy in any position of Deputy
National Intelligence Director established under this
subsection, the National Intelligence Director shall
recommend to the President an individual for appointment to
such position.
(3) Each Deputy National Intelligence Director appointed
under this subsection shall have such duties,
responsibilities, and authorities as the National
Intelligence Director may assign or are specified by law.

SEC. 123. NATIONAL INTELLIGENCE COUNCIL.

(a) National Intelligence Council.--There is a National
Intelligence Council.
(b) Composition.--(1) The National Intelligence Council
shall be composed of senior analysts within the intelligence
community and substantive experts from the public and private
sector, who shall be appointed by, report to, and serve at
the pleasure of, the National Intelligence Director.
(2) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector
as a condition of service on the Council, or as contractors
of the Council or employees of such contractors, to ensure
the protection of intelligence sources and methods while
avoiding, wherever possible, unduly intrusive requirements
which the Director considers to be unnecessary for this
purpose.
(c) Duties and Responsibilities.--(1) The National
Intelligence Council shall--
(A) produce national intelligence estimates for the United
States Government, including alternative views held by
elements of the intelligence community and other information
as specified in paragraph (2);
(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the
requirements and resources of such collection and production;
and
(C) otherwise assist the National Intelligence Director in
carrying out the responsibilities of the Director under
section 111.
(2) The National Intelligence Director shall ensure that
the Council satisfies the needs of policymakers and other
consumers of intelligence by ensuring that each national
intelligence estimate under paragraph (1)--
(A) states separately, and distinguishes between, the
intelligence underlying such estimate and the assumptions and
judgments of analysts with respect to such intelligence and
such estimate;
(B) describes the quality and reliability of the
intelligence underlying such estimate;
(C) presents and explains alternative conclusions, if any,
with respect to the intelligence underlying such estimate and
such estimate; and
(D) characterizes the uncertainties, if any, and confidence
in such estimate.
(d) Service as Senior Intelligence Advisers.--Within their
respective areas of expertise and under the direction of the
National Intelligence Director, the members of the National
Intelligence Council shall constitute the senior intelligence
advisers of the intelligence community for purposes of
representing the views of the intelligence community within
the United States Government.
(e) Authority To Contract.--Subject to the direction and
control of the National Intelligence Director, the National
Intelligence Council may carry out its responsibilities under
this section by contract, including contracts for substantive
experts necessary to assist the Council with particular
assessments under this section.
(f) Staff.--The National Intelligence Director shall make
available to the National Intelligence Council such staff as
may be necessary to permit the Council to carry out its
responsibilities under this section.
(g) Availability of Council and Staff.--(1) The National
Intelligence Director shall take appropriate measures to
ensure that the National Intelligence Council and its staff
satisfy the needs of policymaking officials and other
consumers of intelligence.
(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise
associated with the intelligence community.
(h) Support.--The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the
National Intelligence Council, including the preparation of
intelligence analyses, as may be required by the National
Intelligence Director.

SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE
AUTHORITY.

(a) General Counsel of National Intelligence Authority.--
There is a General Counsel of the National Intelligence
Authority who shall be appointed from civilian life by the
President, by and with the advice and consent of the Senate.
(b) Prohibition on Dual Service as General Counsel of
Another Agency.--The individual serving in the position of
General Counsel of the National Intelligence Authority may
not, while so serving, also serve as the General Counsel of
any other department, agency, or element of the United States
Government.
(c) Scope of Position.--The General Counsel of the National
Intelligence Authority is the chief legal officer of the
National Intelligence Authority.
(d) Functions.--The General Counsel of the National
Intelligence Authority shall perform such functions as the
National Intelligence Director may prescribe.

SEC. 125. INTELLIGENCE COMPTROLLER.

(a) Intelligence Comptroller.--There is an Intelligence
Comptroller who shall be appointed from civilian life by the
National Intelligence Director.
(b) Supervision.--The Intelligence Comptroller shall report
directly to the National Intelligence Director.
(c) Duties.--The Intelligence Comptroller shall--
(1) assist the National Intelligence Director in the
preparation and execution of the budget of the elements of
the intelligence

[[Page S10101]]

community within the National Intelligence Program;
(2) assist the Director in participating in the development
by the Secretary of Defense of the annual budget for military
intelligence programs and activities outside the National
Intelligence Program;
(3) provide unfettered access to the Director to financial
information under the National Intelligence Program;
(4) perform such other duties as may be prescribed by the
Director or specified by law.

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

(a) Officer for Civil Rights and Civil Liberties of
National Intelligence Authority.--There is an Officer for
Civil Rights and Civil Liberties of the National Intelligence
Authority who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Supervision.--The Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority shall report
directly to the National Intelligence Director.
(c) Duties.--The Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority shall--
(1) assist the National Intelligence Director in ensuring
that the protection of civil rights and civil liberties, as
provided in the Constitution, laws, regulations, and
Executive orders of the United States, is appropriately
incorporated in--
(A) the policies and procedures developed for and
implemented by the National Intelligence Authority;
(B) the policies and procedures regarding the relationships
among the elements of the intelligence community within the
National Intelligence Program; and
(C) the policies and procedures regarding the relationships
between the elements of the intelligence community within the
National Intelligence Program and the other elements of the
intelligence community;
(2) oversee compliance by the Authority, and in the
relationships described in paragraph (1), with requirements
under the Constitution and all laws, regulations, Executive
orders, and implementing guidelines relating to civil rights
and civil liberties;
(3) review, investigate, and assess complaints and other
information indicating possible abuses of civil rights or
civil liberties, as provided in the Constitution, laws,
regulations, and Executive orders of the United States, in
the administration of the programs and operations of the
Authority, and in the relationships described in paragraph
(1), unless, in the determination of the Inspector General of
the National Intelligence Authority, the review,
investigation, or assessment of a particular complaint or
information can better be conducted by the Inspector General;
(4) coordinate with the Privacy Officer of the National
Intelligence Authority to ensure that programs, policies, and
procedures involving civil rights, civil liberties, and
privacy considerations are addressed in an integrated and
comprehensive manner; and
(5) perform such other duties as may be prescribed by the
Director or specified by law.

SEC. 127. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE
AUTHORITY.

(a) Privacy Officer of National Intelligence Authority.--
There is a Privacy Officer of the National Intelligence
Authority who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Duties.--(1) The Privacy Officer of the National
Intelligence Authority shall have primary responsibility for
the privacy policy of the National Intelligence Authority
(including in the relationships among the elements of the
intelligence community within the National Intelligence
Program and the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence
community).
(2) In discharging the responsibility under paragraph (1),
the Privacy Officer shall--
(A) assure that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(B) assure that personal information contained in Privacy
Act systems of records is handled in full compliance with
fair information practices as set out in the Privacy Act of
1974;
(C) conduct privacy impact assessments when appropriate or
as required by law; and
(D) coordinate with the Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority to ensure
that programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner.

SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL
INTELLIGENCE AUTHORITY.

(a) Chief Information Officer of National Intelligence
Authority.--There is a Chief Information Officer of the
National Intelligence Authority who shall be appointed by the
National Intelligence Director.
(b) Duties.--The Chief Information Officer of the National
Intelligence Authority shall--
(1) assist the National Intelligence Director in
implementing the responsibilities and executing the
authorities related to information technology under
paragraphs (15) and (16) of section 112(a) and section
113(h); and
(2) perform such other duties as may be prescribed by the
Director or specified by law.

SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL
INTELLIGENCE AUTHORITY.

(a) Chief Human Capital Officer of National Intelligence
Authority.--There is a Chief Human Capital Officer of the
National Intelligence Authority who shall be appointed by the
National Intelligence Director.
(b) Duties.--The Chief Human Capital Officer of the
National Intelligence Authority 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 National
Intelligence Authority; and
(2) 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 as a whole.

SEC. 130. CHIEF FINANCIAL OFFICER OF THE NATIONAL
INTELLIGENCE AUTHORITY.

(a) Chief Financial Officer of National Intelligence
Authority.--There is a Chief Financial Officer of the
National Intelligence Authority 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 National
Intelligence Authority shall 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 National Intelligence Authority shall have such
authorities, and carry out such functions, with respect to
the National Intelligence Authority 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 National Intelligence Authority
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 National Intelligence
Authority 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
National Intelligence Authority shall take appropriate
actions to ensure the timely and effective integration of the
financial systems of the National Intelligence Authority
(including any elements or components transferred to the
Authority by this Act), and of the financial systems of the
Authority with applicable portions of the financial systems
of the other elements of the intelligence community, as soon
as possible after the date of the enactment of this Act.
(f) Protection of Annual Financial Statement From
Disclosure.--The annual financial statement of the National
Intelligence Authority required under section 3515 of title
31, United States Code--
(1) shall be submitted in classified form; and
(2) notwithstanding any other provision of law, shall be
withheld from public disclosure.

SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

(a) National Counterintelligence Executive.--The National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402b et seq.), as amended by
section 309 of this Act, is a component of the Office of the
National Intelligence Director.
(b) Duties.--The National Counterintelligence Executive
shall perform the duties provided in the Counterintelligence
Enhancement Act of 2002, as so amended, and such other duties
as may be prescribed by the National Intelligence Director or
specified by law.

Subtitle D--Additional Elements of National Intelligence Authority

SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE
AUTHORITY.

(a) Office of Inspector General of National Intelligence
Authority.--There is within the National Intelligence
Authority an Office of the Inspector General of the National
Intelligence Authority.
(b) Purpose.--The purpose of the Office of the Inspector
General of the National Intelligence Authority is to--
(1) create an objective and effective office, accountable
to Congress, to initiate and conduct independently
investigations, inspections, and audits relating to--
(A) the programs and operations of the National
Intelligence Authority;
(B) the relationships among the elements of the
intelligence community within the National Intelligence
Program; and
(C) the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence community;
(2) recommend policies designed--
(A) to promote economy, efficiency, and effectiveness in
the administration of such

[[Page S10102]]

programs and operations, and in such relationships; and
(B) to prevent and detect fraud and abuse in such programs,
operations, and relationships;
(3) provide a means for keeping the National Intelligence
Director and Congress fully and currently informed about--
(A) problems and deficiencies relating to the
administration of such programs and operations, and to such
relationships; and
(B) the necessity for, and the progress of, corrective
actions; and
(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
(A) problems and deficiencies relating to the
administration of such programs and operations, and to such
relationships; and
(B) the necessity for, and the progress of, corrective
actions.
(c) Inspector General of National Intelligence Authority.--
(1) There is an Inspector General of the National
Intelligence Authority, who shall be the head of the Office
of the Inspector General of the National Intelligence
Authority, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) The nomination of an individual for appointment as
Inspector General shall be made--
(A) without regard to political affiliation;
(B) solely on the basis of integrity, compliance with the
security standards of the National Intelligence Authority,
and prior experience in the field of intelligence or national
security; and
(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
(3) The Inspector General shall report directly to and be
under the general supervision of the National Intelligence
Director.
(4) The Inspector General may be removed from office only
by the President. The President shall immediately communicate
in writing to the congressional intelligence committees the
reasons for the removal of any individual from the position
of Inspector General.
(d) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General of the National
Intelligence Authority--
(1) to provide policy direction for, and to plan, conduct,
supervise, and coordinate independently, the investigations,
inspections, and audits relating to the programs and
operations of the National Intelligence Authority, the
relationships among the elements of the intelligence
community within the National Intelligence Program, and the
relationships between the elements of the intelligence
community within the National Intelligence Program and the
other elements of the intelligence community to ensure they
are conducted efficiently and in accordance with applicable
law and regulations;
(2) to keep the National Intelligence Director and the
congressional intelligence committees
______

SA 3847. Mr. BYRD 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; as follows:

On page 24, strike line 1 and all that follows through page
30, line 22, and insert the following:

appropriated to the National Intelligence Authority and under
the direct jurisdiction of the National Intelligence
Director.
(2) The Director shall manage and oversee the execution by
each element of the intelligence community of any amounts
appropriated or otherwise made available to such element
under the National Intelligence Program.
(e) Role in Reprogramming or Transfer of NIP Funds by
Elements of Intelligence Community.--(1) No funds made
available under the National Intelligence Program may be
reprogrammed or transferred by any agency or element of the
intelligence community without the prior approval of the
National Intelligence Director except in accordance with
procedures issued by the Director.
(2) The head of the department concerned shall consult with
the Director before reprogramming or transferring funds
appropriated or otherwise made available to an agency or
element of the intelligence community that does not have any
program, project, or activity within the National
Intelligence Program.
(3) The Director shall, before reprogramming funds
appropriated or otherwise made available for an element of
the intelligence community within the National Intelligence
Program, consult with the head of the department or agency
having jurisdiction over such element regarding such
reprogramming.
(4)(A) The Director shall consult with the appropriate
committees of Congress regarding modifications of existing
procedures to expedite the reprogramming of funds within the
National Intelligence Program.
(B) Any modification of procedures under subparagraph (A)
shall include procedures for the notification of the
appropriate committees of Congress of any objection raised by
the head of a department or agency to a reprogramming
proposed by the Director as a result of consultations under
paragraph (3).
(f) Role of National Intelligence Director in
Reprogramming.--(1) No funds made available under the
National Intelligence Program may be transferred or
reprogrammed without the prior approval of the National
Intelligence Director, except in accordance with procedures
prescribed by the National Intelligence Director.
(2) The Secretary of Defense shall consult with the
National Intelligence Director before transferring or
reprogramming funds made available under the Joint Military
Intelligence Program.
(g) Transfer of Funds or Personnel Within National
Intelligence Program.--(1) In addition to any other
authorities available under law for such purposes, the
National Intelligence Director, with the approval of the
Director of the Office of Management and Budget--
(A) may transfer funds appropriated for a program within
the National Intelligence Program to another such program;
and
(B) in accordance with procedures to be developed by the
National Intelligence Director, the heads of the departments
and agencies concerned may transfer personnel authorized for
an element of the intelligence community to another such
element for periods up to one year.
(2) The amounts available for transfer in the National
Intelligence Program in any given fiscal year, and the terms
and conditions governing such transfers, are subject to the
provisions of annual appropriations Acts and this subsection.
(3)(A) A transfer of funds or personnel may be made under
this subsection only if--
(i) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(ii) the need for funds or personnel for such activity is
based on unforeseen requirements;
(iii) the transfer does not involve a transfer of funds to
the Reserve for Contingencies of the National Intelligence
Director;
(iv) in the case of a transfer of funds, the transfer
results in a cumulative transfer of funds out of any
department, agency, or element, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
(I) that is less than $100,000,000; and
(II) that is less than 5 percent of amounts available to
such department, agency, or element; and
(v) the transfer does not terminate a program.
(B) A transfer may be made without regard to a limitation
set forth in clause (iv) or (v) of subparagraph (A) if the
transfer has the concurrence of the head of the department,
agency, or element concerned. The authority to provide such
concurrence may only be delegated by the head of the
department, agency, or element concerned to the deputy of
such officer.
(4) Funds transferred under this subsection shall remain
available for the same period as the appropriations account
to which transferred.
(5) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable
to reprogramming notifications for the appropriate
congressional committees. Any proposed transfer for which
notice is given to the appropriate congressional committees
shall be accompanied by a report explaining the nature of the
proposed transfer and how it satisfies the requirements of
this subsection. In addition, the congressional intelligence
committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which
the transfer would not have otherwise required reprogramming
notification under procedures in effect as of the date of the
enactment of this subsection.
(6)(A) The National Intelligence Director shall promptly
submit a report on any transfer of personnel under this
subsection to--
(i) the congressional intelligence committees;
(ii) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives;
(iii) in the case of the transfer of personnel to or from
the Department of Defense, the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives; and
(iv) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary
of the Senate and the House of Representatives.
(B) The Director shall include in any such report an
explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
______

SA 3848. Mr. BYRD 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, strike line 5 and all that follows through
page 164, line 15, and insert the following:

SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

(a) In General.--There is established as an independent
establishment within the executive branch a Privacy and Civil
Liberties Oversight Board (referred to in this subtitle as
the ``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:

[[Page S10103]]

(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to
protect the precious liberties that are vital to our way of
life and to ensure that the Government uses its powers for
the purposes for which the powers were given.
(c) Purpose.--The Board shall--
(1) analyze and review actions the executive branch takes
to protect the Nation from terrorism; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and policies
related to efforts to protect the Nation from terrorism,
including the development and adoption of information sharing
guidelines under section 205(g);
(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the
implementation of information sharing guidelines under
section 205(g);
(C) advise the President, Congress, and the departments,
agencies, and elements of the executive branch to ensure that
privacy and civil liberties are appropriately considered in
the development and implementation of such legislation,
regulations, policies, and guidelines; and
(D) in providing advice on proposals to retain or enhance a
particular governmental power, consider whether the
department, agency, or element of the executive branch has
explained--
(i) that the power actually materially enhances security;
(ii) that there is adequate supervision of the use by the
executive branch of the power to ensure protection of privacy
and civil liberties; and
(iii) that there are adequate guidelines and oversight to
properly confine its use.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures, and the
implementation of the regulations, policies, and procedures,
of the departments, agencies, and elements of the executive
branch to ensure that privacy and civil liberties are
protected;
(B) the information sharing practices of the departments,
agencies, and elements of the executive branch to determine
whether they appropriately protect privacy and civil
liberties and adhere to the information sharing guidelines
prescribed under section 205(g) and to other governing laws,
regulations, and policies regarding privacy and civil
liberties; and
(C) other actions by the executive branch related to
efforts to protect the Nation from terrorism to determine
whether such actions--
(i) appropriately protect privacy and civil liberties; and
(ii) are consistent with governing laws, regulations, and
policies regarding privacy and civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall--
(A) review and assess reports and other information from
privacy officers and civil liberties officers described in
section 212;
(B) when appropriate, make recommendations to such privacy
officers and civil liberties officers regarding their
activities; and
(C) when appropriate, coordinate the activities of such
privacy officers and civil liberties officers on relevant
interagency matters.
(4) Testimony.--The Members of the Board shall appear and
testify before Congress upon request.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy officers and
civil liberties officers described in section 212; and
(B) periodically submit, not less than semiannually,
reports--
(i)(I) to the appropriate committees of Congress, including
the Committees on Appropriations of the Senate and the House
of Representatives, the Committees on the Judiciary of the
Senate and the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, the Select
Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(II) to the President; and
(ii) which shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the Board
during the preceding period; and
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d).
(f) Informing the Public.--The Board shall--
(1) make its reports, including its reports to Congress,
available to the public to the greatest extent that is
consistent with the protection of classified information and
applicable law; and
(2) hold public hearings and otherwise inform the public of
its activities, as appropriate and in a manner consistent
with the protection of classified information and applicable
law.
(g) Access To Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this
section, the Board is authorized to--
(A) have access from any department, agency, or element of
the executive branch, or any Federal officer or employee, to
all relevant records, reports, audits, reviews, documents,
papers, recommendations, or other relevant material,
including classified information consistent with applicable
law;
(B) interview, take statements from, or take public
testimony from personnel of any department, agency, or
element of the executive branch, or any Federal officer or
employee;
(C) request information or assistance from any State,
tribal, or local government; and
(D) require, by subpoena issued at the direction of a
majority of the members of the Board, persons (other than
departments, agencies, and elements of the executive branch,
the legislative branch, and the judicial branch) to produce
any relevant information, documents, reports, answers,
records, accounts, papers, and other documentary or
testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in
which the subpoenaed person resides, is served, or may be
found may issue an order requiring such person to produce the
evidence required by such subpoena.
(3) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is,
in the judgment of the Board, unreasonably refused or not
provided, the Board shall report the circumstances to the
head of the department, agency, or element concerned without
delay. The head of the department, agency, or element
concerned shall ensure that the Board is given access to the
information, assistance, material, or personnel the Board
determines to be necessary to carry out its functions.
(h) Membership.--
(1) Members.--The Board shall be composed of a chair, a
vice chair, and five additional members, who shall be
appointed by the President, by and with the advice and
consent of the Senate. The President shall designate the
members of the Board who shall serve as the chair and vice
chair of the Board. The vice chair of the Board shall serve
as the chair of the Board in the absence of the chair of the
Board.
(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, expertise in civil liberties
and privacy, and relevant experience, and without regard to
political affiliation, but in no event shall more than 3
members of the Board be members of the same political party.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government,
other than in the capacity as a member of the Board.
(4) Term.--Each member of the Board shall serve a term of
six years, except that--
(A) a member appointed to a term of office after the
commencement of such term may serve under such appointment
only for the remainder of such term;
(B) upon the expiration of the term of office of a member,
the member shall continue to serve until the member's
successor has been appointed and qualified, except that no
member may serve under this subparagraph--
(i) for more than 60 days when Congress is in session
unless a nomination to fill the vacancy shall have been
submitted to the Senate; or
(ii) after the adjournment sine die of the session of the
Senate in which such nomination is submitted; and
(C) of the members initially appointed under this
subsection, two shall serve terms of two years, two shall
serve terms of four years, and two shall serve terms of six
years, with such terms to be allotted among such members by
the President.
(5) Quorum and Meetings.--After its initial meeting, the
Board shall meet upon the call of the chairman or a majority
of its members. Three members of the Board shall constitute a
quorum.
(6) Removal.--The President may remove a member of the
Board from service on the Board only for neglect of duty or
malfeasance. The President shall immediately communicate to
Congress notice of the removal of a member of the Board,
together with a justification for the removal of the member.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman shall be compensated at the
rate of pay payable for a position at level III of the
Executive Schedule under section 5314 of title 5, United
States Code.

[[Page S10104]]

(B) Members.--Each member of the Board shall be compensated
at a rate of pay payable for a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for persons employed intermittently by
the Government under section 5703(b) of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The Chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of a full-time executive director
and such other personnel as may be necessary to enable the
Board to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under
this subsection may exceed the equivalent of that payable for
a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States
Code, at rates that do not exceed the daily rate paid a
person occupying a position at level IV of the Executive
Schedule under section 5315 of such title.
(k) Security Clearances.--The appropriate departments,
agencies, and elements of the executive branch shall
cooperate with the Board to expeditiously provide the Board
members and staff with appropriate security clearances to the
extent possible under existing procedures and requirements.
(l) Transmittal of Certain Matters.--
(1) Budgets.--Whenever the Board submits to the Director of
the Office of Management and Budget an estimate or request
regarding the budget of the Board, the Board shall
concurrently submit such estimate or request to Congress.
(2) Proposals or comments on legislation.--
(B) Prohibition on interference.--No officer of the
executive branch may require the Board to submit a proposal
for legislation, or recommendations, comments, or testimony
on a proposal for legislation, to such officer for the
comment, review, or approval of such officer before its
submittal to Congress under subparagraph (A).
(m) Treatment as Agency, Not as Advisory Committee.--The
Board--
______

SA 3849. Mr. CORZINE (for himself and Mr. Lautenberg) 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 __--CHEMICAL FACILITIES SECURITY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Chemical Facilities
Security Act of 2004''.

SEC. __02. DEFINITIONS.

In this title:
(1) Alternative approaches.--The term ``alternative
approaches'' means ways of reducing the threat of a terrorist
release and the consequences of a terrorist release from a
chemical source by such means as--
(A) the use of smaller quantities of substances of concern;
(B) replacement of a substance of concern with a less
hazardous substance; or
(C) the use of less hazardous processes.
(2) Chemical source.--
(A) In general.--The term ``chemical source'' means a
stationary source (as defined in section 112(r)(2) of the
Clean Air Act (42 U.S.C. 7412(r)(2))) for which--
(i) the owner or operator is required to complete a risk
management plan in accordance with section 112(r)(7)(B)(ii)
of the Clean Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); and
(ii) the Secretary is required to promulgate implementing
regulations under section __03(a) of this title.
(B) Exclusions.--The term ``chemical source'' does not
include--
(i) any facility owned and operated by the Department of
Defense or the Department of Energy; or
(ii) any facility that uses ammonia as fertilizer as an end
user or holds ammonia for sale as a fertilizer at a retail
facility, unless the Secretary determines that a terrorist
release from the facility would pose potential harm to more
than 10,000 people.
(3) Consideration of alternative approaches.--The term
``consideration of alternative approaches'' includes--
(A) an analysis of alternative approaches, including the
benefits and risks of such approaches;
(B) the potential of the alternative approaches to prevent
or reduce the threat or consequences of a terrorist release;
(C) the cost and technical feasibility of alternative
approaches; and
(D) the effect of alternative approaches on product
quality, product cost, and employee safety.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Environment.--The term ``environment'' has the meaning
given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
(6) Owner or operator.--The term ``owner or operator'' has
the meaning given the term in section 112(a) of the Clean Air
Act (42 U.S.C. 7412(a)).
(7) Person.--The term ``person'' includes--
(A) the Federal Government; and
(B) a State or local government.
(8) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(10) Security measure.--
(A) In general.--The term ``security measure'' means an
action carried out to ensure or enhance the security of a
chemical source.
(B) Inclusions.--The term ``security measure'', with
respect to a chemical source, includes measures such as--
(i) employee training and background and identification
authentication checks;
(ii) the limitation and prevention of access to controls of
the chemical source;
(iii) the protection of the perimeter of the chemical
source;
(iv) the installation and operation of intrusion detection
sensors;
(v) the implementation of measures to increase computer or
computer network security;
(vi) the implementation of other security-related measures
to protect against or reduce the threat of--

(I) a terrorist attack on the chemical source; or
(II) the theft of a substance of concern for offsite
release in furtherance of an act of terrorism;

(vii) the installation of measures and controls to protect
against or reduce the consequences of a terrorist attack; and
(viii) the conduct of any similar security-related
activity, as determined by the Secretary.
(11) Substance of concern.--The term ``substance of
concern'' means--
(A) a chemical substance present at a chemical source in
quantities equal to or exceeding the threshold quantities for
the chemical substance, as defined in or established under
paragraphs (3) and (5) of section 112(r) of the Clean Air Act
(42 U.S.C. 7412(r)); and
(B) such other chemical substance as the Secretary may
designate under section __03(g).
(12) Terrorism.--The term ``terrorism'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(13) Terrorist release.--The term ``terrorist release''
means--
(A) a release from a chemical source into the environment
of a substance of concern that is caused by an act of
terrorism; and
(B) the theft of a substance of concern by a person for
off-site release in furtherance of an act of terrorism.

SEC. __03. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

(a) Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations that require the owner or operator of each
chemical source included on the list described in subsection
(f)--
(A) to conduct an assessment of the vulnerability of the
chemical source to a terrorist release, including identifying
hazards that may result from a terrorist release; and
(B) to prepare and implement a site security plan that
addresses the results of the vulnerability assessment.
(2) Contents of site security plan.--A site security plan
required under the regulations promulgated under paragraph
(1) or any other plan determined to be substantially
equivalent by the Secretary under subsection (c)--
(A) shall include security measures to significantly reduce
the vulnerability of the chemical source covered by the plan
to a terrorist release;
(B) shall describe, at a minimum, particular equipment,
plans, and procedures that could be implemented or used by or
at the chemical source in the event of a terrorist
release; and
(C) shall include consideration of alternative approaches
and, where practicable in the judgment of the owner or
operator of the chemical source, implementation of options to
reduce the threat of a terrorist release through the use of
alternative approaches.
(3) Implementation of alternative approaches at highest
risk facilities.--
(A) In general.--A chemical source described in
subparagraph (B) shall implement options to significantly
reduce or eliminate

[[Page S10105]]

the threat or consequences of a terrorist release through the
use of alternative approaches that would not create an equal
or greater risk to human health or the environment.
(B) Applicability.--This subparagraph applies to a chemical
source if the chemical source is 1 of the 123 facilities that
the Secretary determines would pose a risk of harm to the
greatest number of people in the event of a terrorist
release, unless the owner or operator of the chemical source
can demonstrate to the Secretary through an assessment of
alternative approaches that available alternative
approaches--
(i) would not significantly reduce the number of people at
risk of death, injury, or serious adverse effects resulting
from a terrorist release;
(ii) cannot practicably be incorporated into the operation
of the chemical source; or
(iii) would significantly and demonstrably impair the
ability of the owner or operator of the chemical source to
continue its business.
(4) Guidance to chemical sources.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
publish guidance to assist owners and operators of chemical
sources in complying with this title, including advice on
aspects of compliance with this title that may be unique to
small businesses (including completion of analyses of
alternative approaches).
(5) Threat information.--To the maximum extent practicable
under applicable authority and in the interests of national
security, the Secretary shall provide to an owner or operator
of a chemical source required to prepare a vulnerability
assessment and site security plan threat information that is
relevant to the chemical source.
(6) Coordinated assessments and plans.--The regulations
promulgated under paragraph (1) shall permit the development
and implementation of coordinated vulnerability assessments
and site security plans in any case in which more than 1
chemical source is operating at a single location or at
contiguous locations, including cases in which a chemical
source is under the control of more than 1 owner or operator.
(b) Certification and Submission.--
(1) In general.--Each owner or operator of a chemical
source shall certify in writing to the Secretary that the
owner or operator has completed a vulnerability assessment
and has developed and implemented or is implementing a site
security plan in accordance with this title, including--
(A) regulations promulgated under subsection (a)(1); and
(B) any applicable procedures, protocols, or standards
endorsed or recognized by the Secretary under subsection
(c)(1).
(2) Submission.--Not later than 18 months after the date of
promulgation of regulations under subsection (a)(1), an owner
or operator of a chemical source shall provide to the
Secretary copies of the vulnerability assessment and site
security plan of the chemical source for review.
(3) Review by the secretary.--The Secretary shall review
the assessments and plans submitted by the owner or operator
of a chemical source under paragraph (2) to determine whether
the chemical source is in compliance with--
(A) this title (including regulations promulgated under
subsection (a)(1)); and
(B) other applicable procedures, protocols, or standards
endorsed or recognized by the Secretary under subsection
(c)(1).
(4) Timeline.--
(A) In general.--The Secretary shall--
(i) conduct the review and determine compliance under this
title for not fewer than 20 percent of the chemical sources
required to submit assessments and response plans in each
year following the submission deadline under paragraph (2);
and
(ii) complete the review and determination of compliance
with this title for all such facilities not later than 5
years after the deadline.
(B) Subsequent review.--After conducting reviews and
determining compliance under this title for all chemical
sources, the Secretary may subsequently conduct a review and
determine compliance under this title for a chemical source.
(C) Review of added chemical sources and updated
assessments and plans.--The Secretary shall review and
determine compliance under this title not later than 3 years
after the date of submission of assessments and response
plans for chemical sources that--
(i) update their vulnerability assessments or response
plans under this paragraph or subsection (h); or
(ii) are added under subsection (f)(3).
(5) Certificate.--
(A) Facilities determined to be in compliance.--If the
Secretary completes a review under paragraph (3) and
determines that the vulnerability assessment and site
security plan of a chemical source are in compliance with the
requirements of this title, the Secretary shall provide to
the chemical source and make available for public inspection
a certificate of approval that contains the following
statement (in which the first bracketed space shall contain
the name of the chemical source and the second bracketed
space shall contain the Public Law number assigned to this
Act):
``The Secretary of Homeland Security certifies that the
Department of Homeland Security has reviewed and approved the
vulnerability assessment and site security plan submitted by
[___] under the Chemical Facilities Security Act of 2004
(Public Law [___]).''.
(B) Facilities awaiting review.--If a person requests a
certificate of approval for a chemical source the
vulnerability assessment and site security plan of which have
not yet been reviewed for compliance with this title, the
Secretary shall make available for public inspection a
certificate that contains the following statement (in which
the first bracketed space shall contain the name of the
chemical source and the second bracketed space shall include
the Public Law number assigned to this Act):
``The Secretary of Homeland Security's review of the
vulnerability assessment and site security plan submitted by
[___] under the Chemical Facilities Security Act of 2004
(Public Law [___]) is pending.''.
(6) Determination of noncompliance.--If the Secretary
determines under paragraph (3) that a chemical source is not
in compliance with the requirements of this title (including
regulations promulgated under this title) the Secretary shall
exercise the authority provided in section __04.
(7) Submission of changes.--The owner or operator of a
chemical source shall--
(A) not later than 90 days after the date on which any
significant change is made to the vulnerability assessment or
site security plan required for the chemical source under
this section, provide to the Secretary a description of the
change; and
(B) update the certification of the vulnerability
assessment or site security plan.
(c) Specified Standards.--
(1) Existing procedures, protocols, and standards.--On
submission of a petition by any person to the Secretary, the
Secretary may initiate a rulemaking to--
(A) endorse or recognize procedures, protocols, and
standards--
(i) that are established by--

(I) industry;
(II) State or local authorities; or
(III) other applicable law; and

(ii) the requirements of which the Secretary determines to
be--

(I) substantially equivalent to each of subparagraphs (A)
and (B) of subsection (a)(1) and subparagraphs (A), (B), and
(C) of subsection (a)(2); and
(II) in effect on or after the date of enactment of this
Act; and

(B) require that a vulnerability assessment and site
security plan address a particular threat or type of threat.
(2) Notification of substantial equivalency.--If the
Secretary endorses or recognizes procedures, protocols, and
standards under paragraph (1)(A), the Secretary shall provide
notice to the person that submitted the petition.
(3) No action by secretary.--If the Secretary does not
endorse or recognize existing procedures, protocols, and
standards under paragraph (1)(A), the Secretary shall provide
to each person that submitted a petition under paragraph (1)
a written notification that includes a clear explanation of
the reasons why the endorsement or recognition was not made.
(d) Preparation of Assessments and Plans.--As of the date
of endorsement or recognition by the Secretary of a
particular procedure, protocol, or standard under subsection
(c)(1)(A), any vulnerability assessment or site security plan
that is prepared by the owner or operator of a chemical
source before, on, or after the date of endorsement or
recognition of, and in accordance with, that procedure,
protocol, or standard, shall, for the purposes of subsection
(b)(3) and section __04, be judged by the Secretary against
that procedure, protocol, or standard rather than the
relevant regulations promulgated under subsection (a)(1)
(including such a vulnerability assessment or site security
plan prepared before, on, or after the date of enactment of
this Act).
(e) Regulatory Criteria.--In exercising the authority under
subsections (a) and (c) with respect to a chemical source,
the Secretary shall consider--
(1) the likelihood that a chemical source will be the
target of terrorism;
(2) the nature and quantity of the substances of concern
present at a chemical source;
(3) the potential extent of death, injury, or serious
adverse effects to human health or the environment that would
result from a terrorist release;
(4) the potential harm to critical infrastructure and
national security from a terrorist release;
(5) cost and technical feasibility;
(6) scale of operations; and
(7) such other security-related factors as the Secretary
determines to be appropriate and necessary to protect the
public health and welfare, critical infrastructure, and
national security.
(f) List of Chemical Sources.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a list of
chemical sources in existence as of that date.
(2) Considerations.--In developing the list under paragraph
(1), the Secretary shall consider the criteria specified in
subsection (e).
(3) Future determinations.--Not later than 3 years after
the date of promulgation of regulations under subsection
(a)(1) and every 3 years thereafter, the Secretary shall,
after considering the criteria described in subsection (e)--
(A) determine whether additional stationary sources
(including, as of the date of

[[Page S10106]]

the determination, facilities that are operational and
facilities that will become operational in the future) shall
be considered to be chemical sources under this title;
(B) determine whether any chemical source identified on the
most recent list under paragraph (1) no longer presents a
risk sufficient to justify retention of classification as a
chemical source under this title; and
(C) update the list as appropriate.
(4) Regulations.--The Secretary may make a determination
under this subsection in regulations promulgated under
subsection (a)(1).
(g) Designation, Exemption, and Adjustment of Threshold
Quantities of Substances of Concern.--
(1) In general.--The Secretary may, by regulation--
(A) designate certain chemical substances in particular
threshold quantities as substances of concern under this
title;
(B) exempt certain chemical substances from designation as
substances of concern under this title; and
(C) adjust the threshold quantity of a chemical substance
for purposes of this title.
(2) Considerations.--In designating or exempting a chemical
substance or adjusting the threshold quantity of a chemical
substance under paragraph (1), the Secretary shall consider
the potential extent of death, injury, or serious adverse
effects to human health or the environment that would result
from a terrorist release of the chemical substance.
(3) Regulations.--The Secretary may make a designation,
exemption, or adjustment in regulations promulgated under
subsection (a)(1).
(h) 5-Year Review.--Not later than 5 years after the date
of certification of a vulnerability assessment and a site
security plan under subsection (b)(1), and not less often
than every 5 years thereafter (or on such a schedule as the
Secretary may establish by regulation), the owner or operator
of the chemical source covered by the vulnerability
assessment or site security plan shall--
(1) review the adequacy of the vulnerability assessment and
site security plan; and
(2)(A) certify to the Secretary that the chemical source
has completed the review and implemented any modifications to
the site security plan; and
(B) submit to the Secretary a description of any changes to
the vulnerability assessment or site security plan.
(i) No Private Right of Action.--Nothing in this title--
(1) confers on any private person a right of action against
an owner or operator of a chemical source to enforce any
provision of this title;
(2) creates any liability on the part of an owner or
operator of a chemical source arising out of any event that
could not reasonably have been foreseen by the owner or
operator; or
(3) affects any other remedies or defenses available under
Federal or State law.

SEC. __04. ENFORCEMENT.

(a) Failure To Comply.--If an owner or operator of a
chemical source fails to certify or submit a vulnerability
assessment or site security plan in accordance with this
title, the Secretary may issue an order requiring the
certification and submission of a vulnerability assessment or
site security plan in accordance with section __03(b).
(b) Disapproval.--The Secretary may disapprove a
vulnerability assessment or site security plan submitted
under section __03(b) if the Secretary determines that--
(1) the vulnerability assessment or site security plan does
not comply with--
(A) a regulation promulgated under section __03(a)(1); or
(B) a procedure, protocol, or standard endorsed or
recognized under section __03(c); or
(2) the site security plan, or the implementation of the
site security plan, is insufficient to address--
(A) the results of a vulnerability assessment of a chemical
source; or
(B) a threat or consequence of a terrorist release.
(c) Compliance.--If the Secretary disapproves a
vulnerability assessment or site security plan of a chemical
source under subsection (b), the Secretary shall--
(1) provide the owner or operator of the chemical source a
written notification of the determination that includes a
clear explanation of deficiencies in the vulnerability
assessment, site security plan, or implementation of the
assessment or plan;
(2) consult with the owner or operator of the chemical
source to identify appropriate steps to achieve compliance;
and
(3) if, following that consultation, the owner or operator
of the chemical source does not achieve compliance by such
date as the Secretary determines to be appropriate under the
circumstances, issue an order requiring the owner or operator
to correct specified deficiencies.
(d) Emergency Powers.--
(1) Definition of emergency threat.--In this subsection,
the term ``emergency threat'' means a threat of a terrorist
act that could result in a terrorist release at a chemical
source--
(A) that is beyond the scope of the site security plan as
implemented at the chemical source;
(B) the likelihood of the immediate occurrence of which is
high;
(C) the consequences of which would be severe; and
(D) based on the factors described in subparagraphs (A)
through (C), would not be appropriately and reasonably
addressed, or addressed in a timely manner, by the Secretary
under subsections (a) through (c).
(2) Initiation of action.--
(A) In general.--If the Secretary (in consultation with
State and local law enforcement officials) determines that an
emergency threat exists, the Secretary may bring a civil
action on behalf of the United States in United States
district court to immediately require each chemical source
potentially subject to the emergency threat to take such
actions as are necessary to respond to the emergency threat.
(B) Notice and participation.--The Secretary shall provide
to each chemical source that is the subject of a civil action
under subparagraph (A)--
(i) notice of any injunctive relief to compel compliance
with this subsection that is being sought; and
(ii) an opportunity to participate in any proceedings
relating to the civil action.
(3) Emergency orders.--
(A) In general.--If the Secretary determines that it is not
practicable to ensure prompt action to protect public safety
from an emergency threat by bringing a civil action under
paragraph (2), the Secretary may issue such orders as are
necessary to ensure public safety.
(B) Consultation.--Before issuing an order under
subparagraph (A), the Secretary shall--
(i) consult with State and local law enforcement officials;
and
(ii) attempt to confirm the accuracy of the information on
which the action proposed to be taken is based.
(C) Effectiveness of orders.--
(i) In general.--An order issued by the Secretary under
this paragraph shall be effective for the 60-day period
beginning on the date of issuance of the order unless the
Secretary brings a civil action under paragraph (2) before
the expiration of that period.
(ii) Extension of effective period.--With respect to an
order issued under this paragraph, the Secretary may bring a
civil action before the end of the 60-day period described in
clause (i) to extend the effective period of the order for--

(I) 14 days; or
(II) such longer period as the court in which the civil
action is brought may authorize.

(e) Protection of Information.--Any determination of
disapproval or order made or issued under this section shall
be exempt from disclosure--
(1) under section 552 of title 5, United States Code;
(2) under any State or local law providing for public
access to information; and
(3) except as provided in section __08(d), in any Federal
or State civil or administrative proceeding.

SEC. __05. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

The Secretary--
(1) may request other Federal agencies to provide technical
and analytical support (other than field work) in carrying
out this title;
(2) may provide reimbursement for such technical and
analytical support received as the Secretary determines to be
appropriate; and
(3) shall, in consultation with other relevant Federal
agencies, take steps to minimize any duplicative
administrative burdens on, or requirements of, any owner or
operator of a chemical facility that are imposed by this Act
and--
(A) the Maritime Transportation Security Act of 2002 (116
Stat. 2064) and the amendments made by that Act;
(B) the Public Health Security Preparedness and
Bioterrorism and Response Act of 2002 (116 Stat. 594) and the
amendments made by that Act; or
(C) any other Federal law.

SEC. __06. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF
INFORMATION.

(a) Recordkeeping.--The owner or operator of a chemical
source that is required to prepare a vulnerability assessment
or site security plan under section __03(a) shall maintain a
current copy of those documents.
(b) Right of Entry.--In carrying out this title, the
Secretary (or a designee), on presentation of credentials,
shall have a right of entry to, on, or through--
(1) any premises of an owner or operator of a chemical
source described in subsection (a); and
(2) any premises on which any record required to be
maintained under subsection (a) is located.
(c) Requests for Records.--In carrying out this title, the
Secretary (or a designee) may require the submission of, or,
on presentation of credentials, may at reasonable times seek
access to and copy--
(1) any records, reports, or other information described in
subsection (a); and
(2) any other documentation necessary for--
(A) review or analysis of a vulnerability assessment or
site security plan; or
(B) implementation of a site security plan.
(d) Compliance.--If the Secretary determines that an owner
or operator of a chemical source is not maintaining,
producing, or permitting access to records as required by
this section, the Secretary may issue an order requiring
compliance with the relevant provisions of this section.

[[Page S10107]]

SEC. __07. PENALTIES.

(a) Administrative Penalties.--
(1) Penalty orders.--The Secretary may impose an
administrative penalty of not more than $250,000 for failure
to comply with an order issued by the Secretary under this
title.
(B) Notice and hearing.--Before issuing an order under
subparagraph (A), the Secretary shall provide to the person
against which the penalty is to be assessed--
(i) written notice of the proposed order; and
(ii) the opportunity to request, not later than 30 days
after the date on which the person receives the notice, a
hearing on the proposed order.
(3) Procedures.--The Secretary may promulgate regulations
establishing procedures for administrative hearings and
appropriate review, including necessary deadlines.
(b) Civil Penalties.--Any owner or operator of a chemical
source that violates or fails to comply with any order issued
by the Secretary under this title or site security plan
submitted to the Secretary under this title may, in a civil
action brought in United States district court, be subject,
for each day on which the violation occurs or the failure to
comply continues, to--
(1) an order for injunctive relief; or
(2) a civil penalty of not more than $50,000.
(c) Criminal Penalties.--An owner or operator of a chemical
source that knowingly violates any order issued by the
Secretary under this title or knowingly fails to comply with
a site security plan submitted to the Secretary under this
title shall be fined not more than $50,000 for each day of
violation, imprisoned not more than 2 years, or both.

SEC. __08. PROTECTION OF INFORMATION.

(a) Definition of Protected Information.--
(1) In general.--In this section, the term ``protected
information'' means--
(A) a vulnerability assessment or site security plan
required by subsection (a) or (b) of section __03;
(B) any study, analysis, or other document generated by the
owner or operator of a chemical source primarily for the
purpose of preparing a vulnerability assessment or site
security plan (including any alternative approach analysis);
and
(C) any other information provided to or obtained or
obtainable by the Secretary solely for the purposes of this
title from the owner or operator of a chemical source that,
if released, is reasonably likely to increase the probability
or consequences of a terrorist release.
(2) Other obligations unaffected.--Nothing in this section
affects--
(A) the handling, treatment, or disclosure of information
obtained from a chemical source under any other law;
(B) any obligation of the owner or operator of a chemical
source to submit or make available information to a Federal,
State, or local government agency under, or otherwise to
comply with, any other law; or
(C) the public disclosure of information derived from
protected information, so long as the information disclosed--
(i) would not divulge methods or processes entitled to
protection as trade secrets in accordance with the purposes
of section 1905 of title 18, United States Code;
(ii) does not identify any particular chemical source; and
(iii) is not reasonably likely to increase the probability
or consequences of a terrorist release,

even if the same information is also contained in a document
referred to in paragraph (1).
(b) Disclosure Exemption.--Except with respect to
certifications specified in paragraphs (1) and (5) of
subsection (b) and subsection (h)(2)(A) of section __03,
protected information shall be exempt from disclosure under--
(1) section 552 of title 5, United States Code; and
(2) any State or local law providing for public access to
information.
(c) Development of Protocols.--
(1) In general.--The Secretary, in consultation with the
Director of the Office of Management and Budget and
appropriate Federal law enforcement and intelligence
officials, and in a manner consistent with protections for
sensitive or classified information, shall by regulation
establish confidentiality protocols for maintenance and use
of protected information.
(2) Requirements for protocols.--A protocol established
under paragraph (1) shall ensure that--
(A) protected information shall be maintained in a secure
location; and
(B) except as provided in subsection (e)(2), or as
necessary for enforcement of this title or any law, in either
case consistent with subsection (d), access to protected
information shall be limited to persons designated by the
Secretary, including State or local law enforcement officers
or other officials (including first responders) to the extent
disclosure is needed to carry out the purposes of this title
or to further the investigation of a potential violation of
any law.
(d) Treatment of Protected Information in Federal or State
Administrative or Judicial Proceedings.--
(1) Administrative proceedings.--
(A) In general.--In an administrative proceeding in which a
person seeks to compel the disclosure of protected
information or to offer protected information into evidence,
the person to which the discovery request is directed, the
person seeking to offer evidence, or the owner or operator of
a chemical source shall provide written notice of the request
to--
(i) the United States Attorney for the district in which
the administrative entity conducting the proceeding is
located;
(ii) the Secretary; and
(iii) the administrative entity conducting the proceeding.
(B) Contents.--A notice under subparagraph (A) shall
include a brief description of the protected information.
(C) Response by the secretary.--
(i) In general.--Not later than 60 days after the date on
which the Secretary receives a notice under subparagraph (A),
the Secretary shall issue to each entity described in that
subparagraph a response to the notice.
(ii) Determination of threat.--If the Secretary determines
that disclosure of protected information covered by a notice
under subparagraph (A) would pose a threat to public security
or endanger the life or safety of any person, the Secretary
shall have the authority to request from the administrative
entity any prohibitions or restrictions on disclosure of the
protected information necessary to avert such threat or
danger.
(D) Prohibition.--
(i) In general.--No party to an administrative proceeding
may disclose protected information except consistently with
any restrictions established by the administrative entity
regarding that information.
(ii) No response.--If an administrative entity has not
received a response from the Secretary by the date that is 60
days after the date of receipt by the Secretary of a notice
under subparagraph (A), an administrative entity--

(I) shall determine whether the information covered by the
notice qualifies as protected information that would pose a
threat to public security or endanger the life or safety of a
person if the information were publicly disclosed; and
(II) shall consider imposing any prohibitions or
restrictions on disclosure of the protected information
necessary to avert such threat or danger.

(2) Judicial proceedings.--
(A) In general.--In a judicial proceeding in which a person
seeks to compel the disclosure of protected information, or
to offer protected information into evidence, the person to
which the discovery request is directed, the person seeking
to offer evidence, or the owner or operator of a chemical
source shall provide written notice of the request to--
(i) the United States Attorney for the district in which
the court conducting the proceeding is located;
(ii) the Secretary; and
(iii) the court of jurisdiction.
(B) Contents.--A notice under subparagraph (A) shall
include a brief description of the protected information.
(C) Response by secretary.--
(i) In general.--Not later than 60 days after the date on
which the Secretary receives a notice under subparagraph (A),
the Secretary shall issue to each entity described in that
subparagraph a response to the notice.
(ii) Determination of threat.--If the Secretary determines
that disclosure of protected information covered by a notice
under subparagraph (A) would pose a threat to public security
or endanger the life or safety of any person, the Secretary
shall have the authority to request from the court of
jurisdiction any prohibitions or restrictions on disclosure
of the protected information necessary to avert such threat
or danger.
(D) Prohibition.--
(i) In general.--No party to a judicial proceeding may
disclose protected information except consistently with any
restrictions established by the judge regarding that
information.
(ii) No response.--If a court of jurisdiction has not
received a response from the Secretary by the date that is 60
days after the date of receipt by the Secretary of a notice
under subparagraph (A), the court--

(I) shall determine whether the information qualifies as
protected information that would pose a threat to public
security or endanger the life or safety of a person if the
information were publicly disclosed; and
(II) shall consider imposing any prohibitions or
restrictions on disclosure of the protected information
necessary to avert such a threat or danger.

(e) Penalties for Unauthorized Disclosure.--
(1) In general.--Except as provided in paragraph (2), any
person referred to in subsection (c)(2)(B) that acquires any
protected information, and that knowingly or recklessly
discloses the protected information, shall--
(A) be imprisoned not more than 1 year, fined under title
18, United States Code (applicable to class A misdemeanors),
or both; and
(B) if the person is a Federal officer or employee, be
removed from Federal office or employment.
(2) Exceptions.--
(A) In general.--Paragraph (1) shall not apply to a person
described in that subparagraph that discloses protected
information--
(i) to a person designated by the Secretary under
subsection (c)(2)(B);
(ii) for the purpose of section 6; or
(iii) consistent with subsection (d), for use in any
administrative or judicial proceeding to enforce, or to
impose a penalty for failure to comply with, a requirement of
this title.

[[Page S10108]]

(B) Law enforcement officials and first responders.--
Notwithstanding paragraph (1), a person referred to in
subsection (c)(2)(B) that is an officer or employee of the
United States may disclose to a State or local law
enforcement official or other official (including a first
responder) the contents of a vulnerability assessment or site
security plan, or other information described in that
subsection, to the extent disclosure is necessary to carry
out this title.
(f) Congressional Access to Information.--Nothing in this
section authorizes the withholding of information from
Congress.

SEC. __09. PROVISION OF TRAINING AND OTHER ASSISTANCE.

(a) Training.--The Secretary may provide training to State
and local officials and owners and operators in furtherance
of the purposes of this title.
(b) Other Assistance.--The Secretary shall provide
assistance to facilities exempt from this Act under section
__02(B)(ii) to help the facilities develop voluntary measures
to enhance the security of the facilities, including the
prevention of theft.

SEC. __10. JUDICIAL REVIEW.

(a) Regulations.--Not later than 60 days after the date of
promulgation of a regulation under this title, any person may
file a petition for judicial review relating to the
regulation with--
(1) the United States Court of Appeals for the District of
Columbia; or
(2) with the United States circuit court--
(A) having jurisdiction over the State in which the person
resides; or
(B) for the circuit in which the principal place of
business of the person is located.
(b) Final Agency Actions or Orders.--Not later than 60 days
after the date on which a chemical source receives notice of
an action or order of the Secretary under this title with
respect to the chemical source, the chemical source may file
a petition for judicial review of the action or order with
the United States district court for the district in which--
(1) the chemical source is located; or
(2) the owner or operator of the chemical source has a
principal place of business.
(c) Standard of Review.--
(1) In general.--On the filing of a petition under
subsection (a) or (b), the court shall review the regulation
or other final action or order that is the subject of the
petition in accordance with chapter 7 of title 5, United
States Code.
(2) Basis.--
(A) In general.--Judicial review of a regulation, or of a
final agency action or order described in paragraph (1) that
is based on an administrative hearing held on the record,
shall be based on the record of the proceedings, comments,
and other information that the Secretary considered in
promulgating the regulation, taking the action, or issuing
the order being reviewed.
(B) Other actions and orders.--Judicial review of a final
agency action or order described in paragraph (1) that is not
described in subparagraph (A) shall be based on any
submissions to the Secretary relating to the action or order
and any other information that the Secretary considered in
taking the action or issuing the order.

SEC. __11. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

(a) In General.--Except as provided in section __08,
nothing in this title affects any duty or other requirement
imposed under any other Federal or State law.
(b) Other Federal Law.--
(1) In general.--Notwithstanding subsection (a), an owner
or operator of a chemical source that is required to prepare
a site vulnerability assessment and implement a site security
plan under any another Federal law may petition the Secretary
to be subject to the other Federal law in lieu of this title.
(2) Determination of substantial equivalence.--If the
Secretary determines by rulemaking that a Federal law covered
by a petition submitted by a chemical source under paragraph
(1) is substantially equivalent to this title (including the
requirements regarding alternative approaches under section
__03(a))--
(A) the Secretary may grant the petition; and
(B) the chemical source shall be subject to the other
Federal law in lieu of this title.

SEC. __12. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.

(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means a retail or production
agricultural business (including a business that is engaged
in the production or processing of seafood) that employs not
more than such number of individuals at a chemical source
included in the list described in section __03(f) as shall be
determined by the Secretary, in consultation with the
Administrator of the Small Business Administration and the
Secretary of Agriculture.
(b) Grants.--The Secretary shall provide grants to an
eligible entity that is a chemical source included in the
list described in section __03(f) selected under this section
to enable the eligible entity at the chemical source--
(1) to improve security measures; and
(2) to protect against or reduce the consequence of a
terrorist attack.
(c) Criteria.--In establishing criteria for the selection
of, or in otherwise selecting, eligible entities to receive a
grant under this section, the Secretary shall--
(1) consider on an individual, location-by-location basis,
each applicant for a grant; and
(2) require each eligible entity that receives a grant to
use funds from the grant only for the purposes described in
subsection (b) in accordance with guidance of the Secretary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
______

SA 3850. Mr. GRASSLEY 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 213, after line 12 insert the following:

TITLE IV--OTHER MATTERS

SEC. 401. INCLUSION OF VISA REVOCATIONS IN THE NATIONAL CRIME
AND INFORMATION CENTER DATABASE.

(a) Provision of Information to NCIC.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, shall submit to the
National Crime Information Center of the Department of
Justice information regarding the revocation of an alien's
visa and any other appropriate information regarding such
alien. Such information shall be submitted regardless of
whether the alien has been removed from the United States.
(2) Initial submission of information.--Not later than 60
days after the date of enactment of this Act, the Secretary
of State, in consultation with the Secretary of Homeland
Security, shall submit to the National Crime Information
Center the information described in paragraph (1) for any
alien whose visa was revoked prior to the date of enactment
of this Act.
(b) Authority to Receive Information.--
(1) In general.--Section 534(a) of title 28, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States.''.
(2) Conforming amendments.--Such section, as amended by
paragraph (1), is further amended--
(A) in paragraph (3), by striking ``and'' at the end; and
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon and ``and''.
(c) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section and the amendments
made by this section shall take effect on the date of the
enactment of this Act.
______

SA 3851. Mr. GRASSLEY (for himself, Mr. Chambliss, and Mr. Kyl)
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 213, strike line 12 and insert the following:

carry out this Act and the amendments made by this Act.

TITLE IV--OTHER MATTERS

SEC. 401. VISA REVOCATION.

(a) Limitation on Review.--Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
by adding at the end the following: ``There shall be no means
of administrative or judicial review of a revocation under
this subsection, and no court or other person otherwise shall
have jurisdiction to consider any claim challenging the
validity of such a revocation.''.
(b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B))
is amended by striking ``United States is'' and inserting the
following: ``United States, or whose visa (or other
documentation authorizing admission into the United States)
has been revoked under section 221(i), is''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to revocations under section 221(i) of the
Immigration and Nationality Act made before, on, or after
such date.
______

SA 3852. Mr. GRASSLEY 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, insert the following new title:

TITLE IV--INTERVIEWS OF VISA APPLICANTS

SEC. 401. REQUIREMENT OF PERSONAL INTERVIEWS OF VISA
APPLICANTS.

Section 222 of the Immigration and Nationality Act (8
U.S.C. 1202) is amended by adding at the end the following
new subsection:
``(h) Notwithstanding any other provision of this Act, each
consular officer shall--
``(1) with respect to an alien who is at least 16 years of
age and not more than 60 years of

[[Page S10109]]

age and who is applying for a nonimmigrant visa, require the
alien to submit to a personal interview in accordance with
such regulations as may be prescribed unless--
``(A) such alien is within that class of nonimmigrants
enumerated in section 101(a)(15)(A) or 101(a)(15)(G) or is
granted a diplomatic visa on a diplomatic passport or on the
equivalent thereof;
``(B) such alien is applying for a visa--
``(i) not more than 12 months after the date on which the
alien's prior visa expired;
``(ii) for the classification under section 101(a)(15) for
which such prior visa was issued; and
``(iii) from the consular post located near the alien's
usual residence; or
``(C) the consular officer determines that it is in the
national interest of the United States to waive the personal
interview of such alien and properly documents the
justification for such waiver;
``(2) with respect to an alien who is at least 14 years of
age and not more than 80 years of age and who is applying for
a nonimmigrant visa, require the alien to appear in person
for the purpose of providing biometric data, including
electronic fingerscans, in accordance with such regulations
as may be prescribed unless such alien is within that class
of nonimmigrants enumerated in section 101(a)(15)(A) or
101(a)(15)(G); and
``(3) with respect to an alien who is applying for an
immigrant or a nonimmigrant visa who is a national of a
country officially designated by the Secretary of State as a
state sponsor of terrorism, require the alien to submit to a
personal interview in accordance with such regulations as may
be prescribed.''.
______

SA 3853. Mr. GRASSLEY (for himself and Mr. Leahy) 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 new title:

TITLE IV--FEDERAL BUREAU OF INVESTIGATION REFORM

SEC. 401. SHORT TITLE.

This title may be cited as the ``Federal Bureau of
Investigation Reform Act of 2004''.

Subtitle A--Whistleblower Protection

SEC. 411. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

Section 2303 of title 5, United States Code, is amended to
read as follows:

``Sec. 2303. Prohibited personnel practices in the Federal
Bureau of Investigation

``(a) Definition.--In this section, the term `personnel
action' means any action described in clauses (i) through (x)
of section 2302(a)(2)(A).
``(b) Prohibited Practices.--Any employee of the Federal
Bureau of Investigation who has the authority to take, direct
others to take, recommend, or approve any personnel action,
shall not, with respect to such authority, take or fail to
take a personnel action with respect to any employee of the
Bureau or because of--
``(1) any disclosure of information by the employee to the
Attorney General (or an employee designated by the Attorney
General for such purpose), a supervisor of the employee, the
Inspector General for the Department of Justice, or a Member
of Congress that the employee reasonably believes evidences--
``(A) a violation of any law, rule, or regulation; or
``(B) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety; or
``(2) any disclosure of information by the employee to the
Special Counsel of information that the employee reasonably
believes evidences--
``(A) a violation of any law, rule, or regulation; or
``(B) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety,

if such disclosure is not specifically prohibited by law and
if such information is not specifically required by Executive
order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
``(c) Individual Right of Action.--Chapter 12 of this title
shall apply to an employee of the Federal Bureau of
Investigation who claims that a personnel action has been
taken under this section against the employee as a reprisal
for any disclosure of information described in subsection
(b)(2).
``(d) Regulations.--The Attorney General shall prescribe
regulations to ensure that a personnel action under this
section shall not be taken against an employee of the Federal
Bureau of Investigation as a reprisal for any disclosure of
information described in subsection (b)(1), and shall provide
for the enforcement of such regulations in a manner
consistent with applicable provisions of sections 1214 and
1221, and in accordance with the procedures set forth in
sections 554 through 557 and 701 through 706.''.

Subtitle B--FBI Security Career Program

SEC. 421. SECURITY MANAGEMENT POLICIES.

The Attorney General shall establish policies and
procedures for the effective management (including accession,
education, training, and career development) of persons
serving in security positions in the Federal Bureau of
Investigation.

SEC. 422. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.

(a) In General.--Subject to the authority, direction, and
control of the Attorney General, the Director of the Federal
Bureau of Investigation (referred to in this title as the
``Director'') shall carry out all powers, functions, and
duties of the Attorney General with respect to the security
workforce in the Federal Bureau of Investigation.
(b) Policy Implementation.--The Director shall ensure that
the policies of the Attorney General established in
accordance with this title are implemented throughout the
Federal Bureau of Investigation at both the headquarters and
field office levels.

SEC. 423. DIRECTOR OF SECURITY.

The Director shall appoint a Director of Security, or such
other title as the Director may determine, to assist the
Director in the performance of the duties of the Director
under this title.

SEC. 424. SECURITY CAREER PROGRAM BOARDS.

(a) Establishment.--The Director acting through the
Director of Security shall establish a security career
program board to advise the Director in managing the hiring,
training, education, and career development of personnel in
the security workforce of the Federal Bureau of
Investigation.
(b) Composition of Board.--The security career program
board shall include--
(1) the Director of Security (or a representative of the
Director of Security);
(2) the senior officials, as designated by the Director,
with responsibility for personnel management;
(3) the senior officials, as designated by the Director,
with responsibility for information management;
(4) the senior officials, as designated by the Director,
with responsibility for training and career development in
the various security disciplines; and
(5) such other senior officials for the intelligence
community as the Director may designate.
(c) Chairperson.--The Director of Security (or a
representative of the Director of Security) shall be the
chairperson of the board.
(d) Subordinate Boards.--The Director of Security may
establish a subordinate board structure to which functions of
the security career program board may be delegated.

SEC. 425. DESIGNATION OF SECURITY POSITIONS.

(a) Designation.--The Director shall designate, by
regulation, those positions in the Federal Bureau of
Investigation that are security positions for purposes of
this title.
(b) Required Positions.--In designating security positions
under subsection (a), the Director shall include, at a
minimum, all security-related positions in the areas of--
(1) personnel security and access control;
(2) information systems security and information assurance;
(3) physical security and technical surveillance
countermeasures;
(4) operational, program, and industrial security; and
(5) information security and classification management.

SEC. 426. CAREER DEVELOPMENT.

(a) Career Paths.--The Director shall ensure that
appropriate career paths for personnel who wish to pursue
careers in security are identified in terms of the education,
training, experience, and assignments necessary for career
progression to the most senior security positions and shall
make available published information on those career paths.
(b) Limitation on Preference for Special Agents.--
(1) In general.--Except as provided in the policy
established under paragraph (2), the Attorney General shall
ensure that no requirement or preference for a Special Agent
of the Federal Bureau of Investigation (referred to in this
title as a ``Special Agent'') is used in the consideration of
persons for security positions.
(2) Policy.--The Attorney General shall establish a policy
that permits a particular security position to be specified
as available only to Special Agents, if a determination is
made, under criteria specified in the policy, that a Special
Agent--
(A) is required for that position by law;
(B) is essential for performance of the duties of the
position; or
(C) is necessary for another compelling reason.
(3) Report.--Not later than December 15 of each year, the
Director shall submit to the Attorney General a report that
lists--
(A) each security position that is restricted to Special
Agents under the policy established under paragraph (2); and
(B) the recommendation of the Director as to whether each
restricted security position should remain restricted.
(c) Opportunities To Qualify.--The Attorney General shall
ensure that all personnel, including Special Agents, are
provided the opportunity to acquire the education, training,
and experience necessary to qualify for senior security
positions.
(d) Best Qualified.--The Attorney General shall ensure that
the policies established under this title are designed to
provide for the selection of the best qualified individual
for a position, consistent with other applicable law.
(e) Assignments Policy.--The Attorney General shall
establish a policy for assigning Special Agents to security
positions that provides for a balance between--

[[Page S10110]]

(1) the need for personnel to serve in career enhancing
positions; and
(2) the need for requiring service in each such position
for sufficient time to provide the stability necessary to
carry out effectively the duties of the position and to allow
for the establishment of responsibility and accountability
for actions taken in the position.
(f) Length of Assignment.--In implementing the policy
established under subsection (b)(2), the Director shall
provide, as appropriate, for longer lengths of assignments to
security positions than assignments to other positions.
(g) Performance Appraisals.--The Director shall provide an
opportunity for review and inclusion of any comments on any
appraisal of the performance of a person serving in a
security position by a person serving in a security position
in the same security career field.
(h) Balanced Workforce Policy.--In the development of
security workforce policies under this title with respect to
any employees or applicants for employment, the Attorney
General shall, consistent with the merit system principles
set out in paragraphs (1) and (2) of section 2301(b) of title
5, United States Code, take into consideration the need to
maintain a balanced workforce in which women and members of
racial and ethnic minority groups are appropriately
represented in Government service.

SEC. 427. GENERAL EDUCATION, TRAINING, AND EXPERIENCE
REQUIREMENTS.

(a) In General.--The Director shall establish education,
training, and experience requirements for each security
position, based on the level of complexity of duties carried
out in the position.
(b) Qualification Requirements.--Before being assigned to a
position as a program manager or deputy program manager of a
significant security program, a person--
(1) must have completed a security program management
course that is accredited by the Intelligence Community-
Department of Defense Joint Security Training Consortium or
is determined to be comparable by the Director; and
(2) must have not less than 6 years experience in security,
of which not less than 2 years were performed in a similar
program office or organization.

SEC. 428. EDUCATION AND TRAINING PROGRAMS.

(a) In General.--The Director, in consultation with the
Director of Central Intelligence and the Secretary of
Defense, shall establish and implement education and training
programs for persons serving in security positions in the
Federal Bureau of Investigation.
(b) Other Programs.--The Director shall ensure that
programs established under subsection (a) are established and
implemented, to the maximum extent practicable, uniformly
with the programs of the Intelligence Community and the
Department of Defense.

SEC. 429. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

(a) In General.--The Attorney General shall submit any
requirement that is established under section 207 to the
Director of the Office of Personnel Management for approval.
(b) Final Approval.--If the Director does not disapprove
the requirements established under section 207 within 30 days
after the date on which the Director receives the
requirement, the requirement is deemed to be approved by the
Director of the Office of Personnel Management.

Subtitle C--FBI Counterintelligence Polygraph Program

SEC. 431. DEFINITIONS.

In this title:
(1) Polygraph program.--The term ``polygraph program''
means the counterintelligence screening polygraph program
established under section 302.
(2) Polygraph review.--The term ``Polygraph Review'' means
the review of the scientific validity of the polygraph for
counterintelligence screening purposes conducted by the
Committee to Review the Scientific Evidence on the Polygraph
of the National Academy of Sciences.

SEC. 432. ESTABLISHMENT OF PROGRAM.

Not later than 6 months after the date of enactment of this
Act, the Attorney General, in consultation with the Director
of the Federal Bureau of Investigation and the Director of
Security of the Federal Bureau of Investigation, shall
establish a counterintelligence screening polygraph program
for the Federal Bureau of Investigation that consists of
periodic polygraph examinations of employees, or contractor
employees of the Federal Bureau of Investigation who are in
positions specified by the Director of the Federal Bureau of
Investigation as exceptionally sensitive in order to minimize
the potential for unauthorized release or disclosure of
exceptionally sensitive information.

SEC. 433. REGULATIONS.

(a) In General.--The Attorney General shall prescribe
regulations for the polygraph program in accordance with
subchapter II of chapter 5 of title 5, United States Code
(commonly referred to as the Administrative Procedures Act).
(b) Considerations.--In prescribing regulations under
subsection (a), the Attorney General shall--
(1) take into account the results of the Polygraph Review;
and
(2) include procedures for--
(A) identifying and addressing false positive results of
polygraph examinations;
(B) ensuring that adverse personnel actions are not taken
against an individual solely by reason of the physiological
reaction of the individual to a question in a polygraph
examination, unless--
(i) reasonable efforts are first made independently to
determine through alternative means, the veracity of the
response of the individual to the question; and
(ii) the Director of the Federal Bureau of Investigation
determines personally that the personnel action is justified;
(C) ensuring quality assurance and quality control in
accordance with any guidance provided by the Department of
Defense Polygraph Institute and the Director of Central
Intelligence; and
(D) allowing any employee or contractor who is the subject
of a counterintelligence screening polygraph examination
under the polygraph program, upon written request, to have
prompt access to any unclassified reports regarding an
examination that relates to any adverse personnel action
taken with respect to the individual.

SEC. 434. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL
SECURITY PROGRAM.

(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report setting forth
recommendations for any legislative action that the Director
considers appropriate in order to enhance the personnel
security program of the Federal Bureau of Investigation.
(b) Polygraph Review Results.--Any recommendation under
subsection (a) regarding the use of polygraphs shall take
into account the results of the Polygraph Review.

Subtitle D--Reports

SEC. 441. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND
ACTIVITIES.

(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report describing the statutory and other legal
authority for all programs and activities of the Federal
Bureau of Investigation.
(b) Contents.--The report submitted under subsection (a)
shall describe--
(1) the titles within the United States Code and the
statutes for which the Federal Bureau of Investigation
exercises investigative responsibility;
(2) each program or activity of the Federal Bureau of
Investigation that has express statutory authority and the
statute which provides that authority; and
(3) each program or activity of the Federal Bureau of
Investigation that does not have express statutory authority,
and the source of the legal authority for that program or
activity.
(c) Recommendations.--The report submitted under subsection
(a) shall recommend whether--
(1) the Federal Bureau of Investigation should continue to
have investigative responsibility for each statute for which
the Federal Bureau of Investigation currently has
investigative responsibility;
(2) the legal authority for any program or activity of the
Federal Bureau of Investigation should be modified or
repealed;
(3) the Federal Bureau of Investigation should have express
statutory authority for any program or activity of the
Federal Bureau of Investigation for which the Federal Bureau
of Investigation does not currently have express statutory
authority; and
(4) the Federal Bureau of Investigation should--
(A) have authority for any new program or activity; and
(B) express statutory authority with respect to any new
programs or activities.

Subtitle E--Ending the Double Standard

SEC. 451. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE
SENIOR EXECUTIVE SERVICE FOR 14 DAYS OR LESS.

Section 7542 of title 5, United States Code, is amended by
striking ``for more than 14 days''.

SEC. 452. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY
REPORTS TO CONGRESSIONAL COMMITTEES.

(a) In General.--For each of the 5 years following the date
of enactment of this Act, the Office of the Inspector General
shall submit to the chairperson and ranking member of the
Committees on the Judiciary of the Senate and the House of
Representatives an annual report to be completed by the
Federal Bureau of Investigation, Office of Professional
Responsibility and provided to the Inspector General, which
sets forth--
(1) basic information on each investigation completed by
that Office;
(2) the findings and recommendations of that Office for
disciplinary action; and
(3) what, if any, action was taken by the Director of the
Federal Bureau of Investigation or the designee of the
Director based on any such recommendation.
(b) Contents.--In addition to all matters already included
in the annual report described in subsection (a), the report
shall also include an analysis of--
(1) whether senior Federal Bureau of Investigation
employees and lower level Federal Bureau of Investigation
personnel are being disciplined and investigated similarly;
and
(2) whether any double standard is being employed to more
senior employees with respect to allegations of misconduct.

[[Page S10111]]

Subtitle F--Enhancing Security at the Department of Justice

SEC. 461. REPORT ON THE PROTECTION OF SECURITY AND
INFORMATION AT THE DEPARTMENT OF JUSTICE.

Not later than 9 months after the date of enactment of this
Act, the Attorney General shall submit to Congress a report
on the manner in which the Security and Emergency Planning
Staff, the Office of Intelligence Policy and Review, and the
Chief Information Officer of the Department of Justice plan
to improve the protection of security and information at the
Department of Justice, including a plan to establish secure
electronic communications between the Federal Bureau of
Investigation and the Office of Intelligence Policy and
Review for processing information related to the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).

SEC. 462. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT
SECURITY AND INFORMATION.

There are authorized to be appropriated to the Department
of Justice for the activities of the Security and Emergency
Planning Staff to meet the increased demands to provide
personnel, physical, information, technical, and litigation
security for the Department of Justice, to prepare for
terrorist threats and other emergencies, and to review
security compliance by components of the Department of
Justice--
(1) $13,000,000 for fiscal years 2005 and 2006;
(2) $17,000,000 for fiscal year 2007; and
(3) $22,000,000 for fiscal year 2008.

SEC. 463. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL
NATIONAL SECURITY MISSION OF THE DEPARTMENT OF
JUSTICE.

There are authorized to be appropriated to the Department
of Justice for the activities of the Office of Intelligence
Policy and Review to help meet the increased personnel
demands to combat terrorism, process applications to the
Foreign Intelligence Surveillance Court, participate
effectively in counterespionage investigations, provide
policy analysis and oversight on national security matters,
and enhance secure computer and telecommunications
facilities--
(1) $7,000,000 for fiscal years 2005 and 2006;
(2) $7,500,000 for fiscal year 2007; and
(3) $8,000,000 for fiscal year 2008.
______

SA 3854. Mr. TALENT 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. __. STATE REPROGRAMMING OF GRANT FUNDS.

Subtitle A of title VIII of the Homeland Security Act of
2002 (6 U.S.C. 361 et seq.) is amended by adding at the end
the following:

``SEC. 802. STATE REPROGRAMMING OF GRANT FUNDS.

``(a) Authorization.--The Director of the Office for State
and Local Government Coordination and Preparedness may
approve requests from the senior official responsible for
emergency preparedness and response in each State to
reprogram funds appropriated for the State Homeland Security
Grant Program of the Office for State and Local Government
Coordination and Preparedness to address specific security
requirements that are based on credible threat assessments,
particularly threats that arise after the State has submitted
an application describing its intended use of such grant
funds.
``(b) Limitation.--For each State, the amount of funds
reprogrammed under this section shall not exceed 10 percent
of the total annual allocation for such State under the State
Homeland Security Grant Program; and
``(c) Consultation.--Before reprogramming funds under this
section, a State official described in subsection (a) shall
consult with relevant local officials.''.
______

SA 3855. Mr. GRASSLEY 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. __. COMBATTING TERRORIST FINANCING.

(a) Specified Activities for Money Laundering.--
(1) RICO definitions.--Section 1961(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A), by inserting ``burglary,
embezzlement,'' after ``robbery,'';
(B) in subparagraph (B), by--
(i) inserting ``section 1960 (relating to illegal money
transmitters),'' before ``sections 2251'';
(ii) striking ``1588'' and inserting ``1592'';
(iii) inserting ``and 1470'' after ``1461-1465''; and
(iv) inserting ``2252A,'' after ``2252,'';
(C) in subparagraph (D), by striking ``fraud in the sale of
securities'' and inserting ``fraud in the purchase or sale of
securities''; and
(D) in subparagraph (F), by inserting ``and 274A'' after
``274''.
(2) Monetary investments.--Section 1956(c)(7)(D) of title
18, United States Code, is amended--
(A) by inserting ``, or section 2339C (relating to
financing of terrorism)'' before ``of this title''; and
(B) by 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)''.
(3) Conforming amendments.--
(A) 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.''.
(B) 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.''.
(b) Illegal Money Transmitting Businesses.--
(1) Technical amendments.--Section 1960 of title 18, United
States Code, is amended--
(A) in the caption by striking ``unlicensed'' and inserting
``illegal'';
(B) in subsection (a), by striking ``unlicensed'' and
inserting ``illegal'';
(C) in subsection (b)(1), by striking ``unlicensed'' and
inserting ``illegal''; and
(D) in subsection (b)(1)(C), by striking ``to be used to be
used'' and inserting ``to be used''.
(2) Prohibition on 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''.
(3) Authority to investigate.--Section 1960 of title 18,
United States Code, is amended by adding at the end the
following:
``(c) Investigations of violations of this section shall be
coordinated by the Secretary of the Treasury, and may be
conducted by the Attorney General, the Secretary of the
Treasury, and the Secretary of the Department of Homeland
Security.''.
(c) Assets of Persons Committing Terrorist Acts Against
Foreign Countries or International Organizations.--Section
981(a)(1)(G) of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by inserting 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.''.
(d) Money Laundering Through Informal Value Transfer
Systems.--Section 1956(a)

[[Page S10112]]

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.''.
(e) Technical Corrections to Financing of Terrorism
Statute.--
(1) Concealment.--Section 2339C(c)(2) of title 18, United
States Code, is amended--
(A) by striking ``resources, or funds'' and inserting
``resources, or any funds or proceeds of such funds'';
(B) in subparagraph (A), by striking ``were provided'' and
inserting ``are to be provided, or knowing that the support
or resources were provided,''; and
(C) in subparagraph (B)--
(i) by striking ``or any proceeds of such funds''; and
(ii) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing that
the funds were provided or collected,''.
(2) Definitions.--Section 2339C(e) of title 18, United
States Code, is amended--
(A) by striking ``and'' at the end of paragraph (12);
(B) redesignating paragraph (13) as paragraph (14); and
(C) inserting after paragraph (12) the following new
paragraph:
``(13) the term `material support or resources' has the
same meaning as in section 2339A(b) of this title; and''.
(3) International terrorism.--Section 2332b(g)(5)(B) of
title 18, United States Code, is amended by inserting ``)''
after ``2339C (relating to financing of terrorism''.
(f) miscellaneous and Technical Amendments.--
(1) Criminal forfeiture.--Section 982(b) of title 18,
United States Code, is amended in subsection (b)(2), by
striking ``The substitution'' and inserting ``With respect to
a forfeiture under subsection (a)(1), the substitution''.
(2) Technical amendments to sections 1956 and 1957.--
(A) 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.
(B) Property from unlawful activity.--Section 1957 of title
18, United States Code, is amended--
(i) in subsection (a), by striking ``engages or attempts to
engage in'' and inserting ``conducts or attempts to
conduct''; and
(ii) 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.''.
(3) 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''.
(g) Extension of Money Laundering and Financial Crimes
Strategy Act of 1998.--
(1) Transmittal to congress.--Section 5341(a)(2) of title
31, United States Code, is amended by striking ``and 2003''
and inserting ``2003, 2005, 2006, and 2007''.
(2) Authorization of appropriations.--Section 5355 of title
31, United States Code, is amended by adding at the end the
following:

$15,000,000............................................................
$15,000,000............................................................
$15,000,000.''.........................................................

SEC. __. INCREASED PENALTIES FOR SMUGGLING GOODS.

(a) Increased Penalty.--The third undesignated paragraph of
section 545, United States Code, is amended by striking
``five years'' and inserting ``20 years''.
(b) Enhanced Penalty for Causing Death.--
(1) Amendment of federal sentencing guidelines.--Pursuant
to its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall amend the
Federal sentencing guidelines to provide sentencing
enhancements for an offense under section 545 of title 18,
United States Code, as amended by this Act, that results in
the death of a person.
(2) Consistency with other guidelines.--In carrying out
this section, the United States Sentencing Commission shall--
(A) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(B) avoid duplicative punishments for substantially the
same offense.
______

SA 3856. Mr. GRASSLEY 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. __. UNITED STATES INTERDICTION COORDINATOR.

(a) In General.--Section 704 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703),
as enforced in law notwithstanding repeal, is amended by
adding at the end the following:
``(i) United States Interdiction Coordinator.--
``(1) In general.--There shall be a United States
Interdiction Coordinator, who shall be designated by the
Director and who shall be responsible for the coordination of
interdiction operations among National Drug Control Program
Agencies to prevent and reduce the illegal importation of
drugs into the United States.
``(2) Responsibilities.--The United States Interdiction
Coordinator shall be responsible to the Director for--
``(A) coordinating the interdiction of the National Drug
Control Program Agencies activities to ensure consistency
with the National Drug Control Strategy;
``(B) developing a National Drug Control Interdiction plan
to ensure consistency with the National Drug Control
Strategy;
``(C) assessing the sufficiency of assets of the National
Drug Control Program Agencies committed to illicit drug
interdiction; and
``(D) advising the Director on the efforts of each National
Drug Control Program Agency to implement the National Drug
Control Interdiction plan.''.
(b) Amendment to Homeland Security Act of 2002.--Section
878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is
amended by striking ``shall--'' through paragraph (2) and
inserting ``shall ensure the adequacy of resources within the
Department for illicit drug interdiction.''.
______

SA 3857. Mr. SHELBY 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 10, strike lines 9 through 15, and insert the
following:

(II) by striking the period at the end and inserting a
semicolon; and

(iii) by adding at the end the following:
``(9) managing the Homeland Security Information
Clearinghouse established under section 801(d); and
``(10) managing the Noble Training Center in Fort
McClellan, Alabama, through the Center for Domestic
Preparedness.'';
______

SA 3858. Mr. SHELBY 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 10, strike line 20 and all that follows through
page 11, line 7, and insert the following:
``(d) Designation.--The Center for Domestic Preparedness
shall be designated as the National First Responder Training
Center within the Office for Domestic Preparedness.''.
______

SA 3859. Mr. DOMENICI 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 94, between lines 14 and 15, insert the following:
(3) There may be established under this subsection a
separate national intelligence center having an area of
intelligence responsibility for each of the following:
(A) The nuclear terrorism threats confronting the United
States.
(B) The chemical terrorism threats confronting the United
States.
(C) The biological terrorism threats confronting the United
States.
On page 94, line 15, strike ``(3)'' and insert ``(4)''.
______

SA 3860. Mr. DOMENICI 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. __. INTELLIGENCE COMMUNITY USE OF NISAC CAPABILITIES.

The National Intelligence Director shall establish a formal
relationship, including information sharing, between the
intelligence community and the National Infrastructure
Simulation and Analysis Center. Through this relationship,
the intelligence community shall take full advantage of the
capabilities of the National Infrastructure Simulation and
Analysis Center, particularly vulnerability and consequence
analysis, for real time response to reported threats and long
term planning for projected threats.

[[Page S10113]]

______

SA 3861. Mr. DOMENICI 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. __. BORDER SURVEILLANCE.

(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the President and the appropriate committees
of Congress a comprehensive plan for the systematic
surveillance of the Southwest border of the United States by
remotely piloted aircraft.
(b) Contents.--The plan submitted under subsection (a)
shall include--
(1) recommendations for establishing command and control
centers, operations sites, infrastructure, maintenance, and
procurement;
(2) cost estimates for the implementation of the plan and
ongoing operations;
(3) recommendations for the appropriate agent within the
Department of Homeland Security to be the executive agency
for remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for
the plan;
(5) the types of missions the plan would undertake,
including--
(A) protecting the lives of people seeking illegal entry
into the United States;
(B) interdicting illegal movement of people, weapons, and
other contraband across the border;
(C) providing investigative support to assist in the
dismantling of smuggling and criminal networks along the
border;
(D) using remotely piloted aircraft to serve as platforms
for the collection of intelligence against smugglers and
criminal networks along the border; and
(E) further validating and testing of remotely piloted
aircraft for airspace security missions; and
(6) the equipment necessary to carry out the plan.
(c) Implementation.--The Secretary of Homeland Security
shall implement the plan submitted under subsection (a) as
soon as sufficient funds are appropriated and available for
this purpose.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section.
______

SA 3862. Mr. INHOFE 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, add the following new title:

TITLE IV--OTHER MATTERS.

SEC. 401. INFORMATION-BASED IDENTITY AUTHENTICATION OF
DRIVER'S LICENSES.

(a) New Requirements.--
(1) Redesignation.--Chapter 303 of title 49, United States
Code, is amended--
(A) by striking section 30308; and
(B) by redesignating sections 30306 and 30307 as sections
30307 and 30308, respectively.
(2) Identification requirements.--Chapter 303 of such title
is further amended by inserting after section 30305 the
following new section:

``Sec. 30306. Requirement for information-based identity
authentication

``(a) Identification Authentication Standards.--The
Secretary of Transportation, in consultation with the
Secretary of Homeland Security and the Administrator of the
Federal Motor Carrier Safety Administration, shall prescribe
regulations that set forth minimum standards for the use by a
State of a system of information-based identity
authentication in determining the identity of an applicant
for a motor vehicle operator's license prior to the issuance,
renewal, transfer, or upgrading of a motor vehicle operator's
license.
``(b) Content of Regulations.--The regulations required
under subsection (a) shall require a State to use a system of
information-based identity authentication that--
``(1) utilizes multiple sources of information related to
the identity of the applicant for a motor vehicle operator's
license, including government records and publicly available
information;
``(2) enables the measurement of the accuracy of the
determination of the identity of the applicant;
``(3) provides for the continuous auditing of the
compliance of such system with applicable laws, policies, and
practices governing the collection, use, and distribution of
information in the operation of the system; and
``(4) incorporates industry best practices in the
protection of privacy interests related to such information
and the safeguarding of the storage of such information.
``(c) Rule of Construction.--Nothing in this section shall
be construed to authorize the Secretary of Transportation or
the head of any other Federal agency to create a new database
for States to use in connection with information-based
identity authentication.''.
(3) Information-based identity authentication defined.--
Section 30301 of such title is amended by adding at the end
the following new paragraph:
``(9) `information-based identity authentication' means the
validation and verification of the information provided by an
individual for the purpose of determining the identity of
such individual through the use of other information
pertaining to the individual that is obtained from reliable
sources of information available in the public and private
sectors.''.
(4) Clerical amendment.--The table of sections at the
beginning of chapter 303 of title 49, United States Code, is
amended by striking the items relating to sections 30306,
30307, and 30308 and inserting the following items:

``30306. Requirement for information-based identity authentication.
``30307. National Driver Registry Advisory Committee.
``30308. Criminal penalties.''.

(b) Final Regulations.--The Secretary of Transportation
shall issue final regulations under section 30306(a) of title
49, United States Code (as added by subsection (a)(2)), not
later than 180 days after the date of the enactment of this
Act.
(c) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary of Transportation or the
head of any other Federal agency to create a new database for
States to use in connection with information-based identity
authentication (as that term is defined in section 30301(9)
of title 49, United States Code (as added by subsection
(a)(2)).
______

SA 3863. Mr. McCAIN (for himself, Mr. Breaux, Mr. Lautenberg, Mr.
Biden, Mr. Schumer, Ms. Snowe, Mr. Hollings, Mr. Carper, Mrs. Boxer,
Mrs. Clinton, Mr. Rockefeller, and Mr. Dorgan) 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      --RAIL SECURITY

SEC. --01. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Rail
Security Act of 2004''.
(b) Table of Contents.--The table of contents for this
title is as follows:

Sec. --01. Short title; table of contents.
Sec. --02. Rail transportation security risk assessment.
Sec. --03. Rail security.
Sec. --04. Study of foreign rail transport security programs.
Sec. --05. Passenger, baggage, and cargo screening.
Sec. --06. Certain personnel limitations not to apply.
Sec. --07. Fire and life-safety improvements.
Sec. --08. Memorandum of agreement.
Sec. --09. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
Sec. --10. Systemwide Amtrak security upgrades.
Sec. --11. Freight and passenger rail security upgrades.
Sec. --12. Oversight and grant procedures.
Sec. --13. Rail security research and development.
Sec. --14. Welded rail and tank car safety improvements.
Sec. --15. Northern Border rail passenger report.
Sec. --16. Report regarding impact on security of train travel in
communities without grade separation.
Sec. --17. Whistleblower protection program.
Sec. --18. Effective date.

SEC. --02. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

(a) In General.--
(1) Vulnerability Assessment.--The Under Secretary of
Homeland Security for Border and Transportation Security, in
consultation with the Secretary of Transportation, shall
complete a vulnerability assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) identification and evaluation of critical assets and
infrastructures;
(B) identification of threats to those assets and
infrastructures;
(C) identification of vulnerabilities that are specific to
the transportation of hazardous materials via railroad; and
(D) identification of security weaknesses in passenger and
cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment.
(2) Existing private and public sector efforts.--The
assessment shall take into account actions taken or planned
by both public and private entities to address identified
security issues and assess the effective integration of such
actions.
(3) Recommendations.--Based on the assessment conducted
under paragraph (1), the Under Secretary, in consultation
with the

[[Page S10114]]

Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Under Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Under Secretary as posing significant
rail-related risks to public safety and the movement of
interstate commerce, taking into account the impact that any
proposed security measure might have on the provision of rail
service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) training employees in terrorism prevention, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(4) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the government to provide increased security
support at high or severe threat levels of alert; and
(B) a plan for coordinating rail security initiatives
undertaken by the public and private sectors.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment required by subsection (a), the Under
Secretary of Homeland Security for Border and Transportation
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials (including those within other
agencies and offices within the Department of Homeland
Security), and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Under Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report containing the assessment and
prioritized recommendations required by subsection (a) and an
estimate of the cost to implement such recommendations.
(2) Format.--The Under Secretary may submit the report in
both classified and redacted formats if the Under Secretary
determines that such action is appropriate or necessary.
(d) 2-Year Updates.--The Under Secretary, in consultation
with the Secretary of Transportation, shall update the
assessment and recommendations every 2 years and transmit a
report, which may be submitted in both classified and
redacted formats, to the Committees named in subsection
(c)(1), containing the updated assessment and
recommendations.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security $5,000,000
for fiscal year 2005 for the purpose of carrying out this
section.

SEC. --03. RAIL SECURITY.

(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended by striking ``the rail
carrier'' each place it appears and inserting ``any rail
carrier''.
(b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Under Secretary of
Homeland Security for Border and Transportation Security,
shall review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which
those regulations need to be revised to improve rail
security.

SEC. --04. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

(a) Requirement for Study.--Within one year after the date
of enactment of the Rail Security Act of 2004, the
Comptroller General shall complete a study of the rail
passenger transportation security programs that are carried
out for rail transportation systems in Japan, member nations
of the European Union, and other foreign countries.
(b) Purpose.--The purpose of the study shall be to identify
effective rail transportation security measures that are in
use in foreign rail transportation systems, including
innovative measures and screening procedures determined
effective.
(c) Report.--The Comptroller General shall submit a report
on the results of the study to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure. The report shall include the Comptroller
General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar
security measures that are determined effective under the
study.

SEC. --05. PASSENGER, BAGGAGE, AND CARGO SCREENING.

(a) Requirement for Study and Report.--The Under Secretary
of Homeland Security for Border and Transportation Security,
in cooperation with the Secretary of Transportation, shall--
(1) analyze the cost and feasibility of requiring security
screening for passengers, baggage, and cargo on passenger
trains; and
(2) report the results of the study, together with any
recommendations that the Under Secretary may have for
implementing a rail security screening program 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.
(b) Pilot Program.--As part of the study under subsection
(a), the Under Secretary shall complete a pilot program of
random security screening of passengers and baggage at 5
passenger rail stations served by Amtrak selected by the
Under Secretary. In conducting the pilot program, the Under
Secretary shall--
(1) test a wide range of explosives detection technologies,
devices and methods;
(2) require that intercity rail passengers produce
government-issued photographic identification which matches
the name on the passenger's tickets prior to boarding trains;
and
(3) attempt to give preference to locations at the highest
risk of terrorist attack and achieve a distribution of
participating train stations in terms of geographic location,
size, passenger volume, and whether the station is used by
commuter rail passengers as well as Amtrak passengers.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security to carry out
this section $5,000,000 for fiscal year 2005.

SEC. --06. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the
Department of Homeland Security, does not apply to the extent
that any such employees are responsible for implementing the
provisions of this title.

SEC. --07. FIRE AND LIFE-SAFETY IMPROVEMENTS.

(a) Life-safety Needs.--The Secretary of Transportation is
authorized to make grants to Amtrak for the purpose of making
fire and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, NY, Baltimore, MD, and
Washington, DC.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation for the
purposes of carrying out subsection (a) the following
amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006;
(C) $100,000,000 for fiscal year 2007;
(D) $100,000,000 for fiscal year 2008; and
(E) $170,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2005;
(B) $10,000,000 for fiscal year 2006;
(C) $10,000,000 for fiscal year 2007;
(D) $10,000,000 for fiscal year 2008; and
(E) $17,000,000 for fiscal year 2009.
(3) For the Washington, DC Union Station tunnels to improve
ventilation, communication, lighting, and passenger egress
upgrades--
(A) $8,000,000 for fiscal year 2005;
(B) $8,000,000 for fiscal year 2006;
(C) $8,000,000 for fiscal year 2007;
(D) $8,000,000 for fiscal year 2008; and
(E) $8,000,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for fiscal
year 2005 $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the
capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts
appropriated pursuant to this section shall remain available
until expended.
(e) Plans Required.--The Secretary may not make amounts
available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, periodic status
reports, and such other matters the Secretary deems
appropriate.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies and Amtrak shall,
within 30

[[Page S10115]]

days after receiving the Secretary's notification, submit a
modified plan for the Secretary's review. Within 15 days
after receiving additional information on items previously
included in the plan, and within 45 days after receiving
items newly included in a modified plan, the Secretary shall
either approve the modified plan, or, if the Secretary finds
the plan is still incomplete or deficient, the Secretary
shall identify in writing to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure the portions of the plan the Secretary finds
incomplete or deficient, approve all other portions of the
plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use of the tunnels, if feasible.

SEC. --08. MEMORANDUM OF AGREEMENT.

(a) Memorandum of Agreement.--Within 60 days after the date
of enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute a memorandum
of agreement governing the roles and responsibilities of the
Department of Transportation and the Department of Homeland
Security, respectively, in addressing railroad transportation
security matters, including the processes the departments
will follow to promote communications, efficiency, and
nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.

SEC. --09. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.

(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:

``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents

``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Rail Security Act of 2004,
Amtrak shall submit to the Chairman of the National
Transportation Safety Board and the Secretary of
Transportation a plan for addressing the needs of the
families of passengers involved in any rail passenger
accident involving an Amtrak intercity train and resulting in
a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release to any person information on a list obtained
under subsection (b)(1) but may provide information on the
list about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted
by Amtrak under subsection (b), unless such liability was
caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak $500,000 for fiscal year
2005 to carry out this section. Amounts appropriated pursuant
to this subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:

``Sec.
``24316.  Plan to assist families of passengers involved in rail
passenger accidents''.

SEC. --10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) In General--Subject to subsection (c), the Under
Secretary of Homeland Security for Border and Transportation
Security is authorized to make grants, through the Secretary
of Transportation, to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Under Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units; and
(7) to expand emergency preparedness efforts.
(b) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless the
projects are contained in a systemwide security plan approved
by the Under Secretary, in consultation with the Secretary of
Transportation, and, for capital projects, meet the
requirements of section --07(e)(2). The plan shall include
appropriate measures to address security awareness, emergency
response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Under Secretary
shall ensure that, subject to meeting the highest security
needs on Amtrak's entire system, stations and facilities
located outside of the Northeast Corridor receive an
equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for
Border and Transportation Security $63,500,000 for fiscal
year 2005 for the purposes of carrying out this section.
Amounts appropriated pursuant to this subsection shall remain
available until expended.

SEC. --11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

(a) Security Improvement Grants.--The Under Secretary of
Homeland Security for Border and Transportation Security is
authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars
used in the transportation of hazardous materials,
universities, colleges and research centers, State and local
governments (for passenger facilities and infrastructure not
owned by Amtrak), and, through the Secretary of
Transportation, to Amtrak, for full or partial reimbursement
of costs incurred in the conduct of activities to prevent or
respond to acts of terrorism, sabotage, or other intercity
passenger rail and freight rail security threats, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of cargo or passenger screening equipment
at the United States-Mexico border or the United States-
Canada border;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section --02, including infrastructure, facilities, and
equipment upgrades.

[[Page S10116]]

(b) Accountability.--The Under Secretary shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Under Secretary.
(c) Equitable Allocation.--The Under Secretary shall
equitably distribute the funds authorized by this section,
taking into account geographic location, and shall encourage
non-Federal financial participation in awarding grants. With
respect to grants for passenger rail security, the Under
Secretary shall also take into account passenger volume and
whether a station is used by commuter rail passengers as well
as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section --10(b) of this
title.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section --02 the Under
Secretary of Homeland Security for Border and Transportation
Security determines that critical rail transportation
security needs require reimbursement in greater amounts to
any eligible entity, no grants under this section may be
made--
(1) in excess of $65,000,000 to Amtrak; or
(2) in excess of $100,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security $350,000,000
for fiscal year 2005 to carry out the purposes of this
section. Amounts appropriated pursuant to this subsection
shall remain available until expended.
(g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and
anhydrous ammonia.

SEC. --12. OVERSIGHT AND GRANT PROCEDURES.

(a) Secretarial Oversight.--The Secretary of Transportation
may use up to 0.5 percent of amounts made available to Amtrak
for capital projects under the Rail Security Act of 2004 to
enter into contracts for the review of proposed capital
projects and related program management plans and to oversee
construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts for
safety, procurement, management, and financial compliance
reviews and audits of a recipient of amounts under subsection
(a).
(c) Procedures for Grant Award.--The Under Secretary shall
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures (including a requirement that the applicant have a
security plan), and a record of decision on applicant
eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Under
Secretary. The Under Secretary shall issue a final rule
establishing the procedures not later than 90 days after the
date of enactment of this Act.

SEC. --13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

(a) Establishment of Research and Development Program.--The
Under Secretary of Homeland Security for Border and
Transportation Security, in conjunction with the Secretary of
Transportation, shall carry out a research and development
program for the purpose of improving freight and intercity
passenger rail security that may include research and
development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment; and
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car and
transmit information about the integrity of tank cars to the
train crew;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section --11(g) of this title;
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety;
(6) other projects recommended in the report required by
section --02.
(b) Coordination With Other Research Initiatives.--The
Under Secretary of Homeland Security for Border and
Transportation Security shall ensure that the research and
development program authorized by this section is coordinated
with other research and development initiatives at the
Department and the Department of Transportation. The Under
Secretary of Homeland Security for Border and Transportation
Security shall carry out any research and development project
authorized by this section through a reimbursable agreement
with the Secretary of Transportation if the Secretary of
Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability the would be useful
in carrying out the project.
(c) Accountability.--The Under Secretary shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Under Secretary.
(d) Authorization of Appropriations.--There are authorized
to appropriated to the Under Secretary of Homeland Security
for Border and Transportation Security $50,000,000 in each of
fiscal years 2005 and 2006 to carry out the purposes of this
section. Amounts appropriated pursuant to this subsection
shall remain available until expended.

SEC. --14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

(a) Track Standards.--Within 90 days after the date of
enactment of this Act, the Federal Railroad Administration
shall--
(1) require each track owner using continuous welded rail
track to include procedures (in its procedures filed with the
Administration pursuant to section 213.119 of title 49, Code
of Federal Regulations) to improve the identification of
cracks in rail joint bars;
(2) instruct Administration track inspectors to obtain
copies of the most recent continuous welded rail programs of
each railroad within the inspectors' areas of responsibility
and require that inspectors use those programs when
conducting track inspections; and
(3) establish a program to periodically review continuous
welded rail joint bar inspection data from railroads and
Administration track inspectors and, whenever the
Administration determines that it is necessary or
appropriate, require railroads to increase the frequency or
improve the methods of inspection of joint bars in continuous
welded rail.
(b) Tank Car Standards.--The Federal Railroad
Administration shall--
(1) within 1 year after the date of enactment of this Act,
validate the predictive model it is developing to quantify
the relevant dynamic forces acting on railroad tank cars
under accident conditions; and
(2) within 18 months after the date of enactment of this
Act, initiate a rulemaking to develop and implement
appropriate design standards for pressurized tank cars.
(c) Older Tank Car Impact Resistance Analysis and Report.--
Within 2 years after the date of enactment of this Act, the
Federal Railroad Administration shall--
(1) conduct a comprehensive analysis to determine the
impact resistance of the steels in the shells of pressure
tank cars constructed before 1989; and
(2) transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure with
recommendations for measures to eliminate or mitigate the
risk of catastrophic failure.

SEC. --15. NORTHERN BORDER RAIL PASSENGER REPORT.

Within 180 days after the date of enactment of this Act,
the Under Secretary of Homeland Security for Border and
Transportation Security, in consultation with the heads of
other appropriate Federal departments and agencies and the
National Railroad Passenger Corporation, shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
travelling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers; and
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security.

[[Page S10117]]

SEC. --16. REPORT REGARDING IMPACT ON SECURITY OF TRAIN
TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

(a) Study.--The Secretary of Homeland Security shall, in
consultation with State and local government officials,
conduct a study on the impact of blocked highway-railroad
grade crossings on the ability of emergency responders,
including ambulances and police, fire, and other emergency
vehicles, to perform public safety and security duties in the
event of a terrorist attack.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the findings of the study conducted under
subsection (a) and recommendations for reducing the impact of
blocked crossings on emergency response.

SEC. --17. WHISTLEBLOWER PROTECTION PROGRAM.

(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20115 the following:

``Sec. 20116. Whistleblower protection for rail security
matters

``(a) Discrimination Against Employee.--No rail carrier
engaged interstate or foreign commerce may discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
(1) provided, caused to be provided, or is about to provide
or cause to be provided, to the employer or the Federal
Government information relating to a perceived threat to
security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a perceived
threat to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this title, including the burdens of proof,
applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20115 the following:

``20116. Whistleblower protection for rail security matters''.

SEC. --18. EFFECTIVE DATE.

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

SA 3864. Mr. FRIST 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:
Section 145(c) of the Aviation and Transportation Security
Act (49 U.S.C. 40101 note) is amended by striking ``more
than'' and all that follows through ``after'' and inserting
``more than 48 months after''.
______

SA 3865. Mr. AKAKA 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 77, insert between lines 18 and 19, the following:
(j) Sense of Congress Relating to Adoption of Standards of
Review.--It is the sense of Congress that the Inspector
General of the National Intelligence Authority, in
consultation with other inspectors general in the
intelligence community and the President's Council on
Integrity and Efficiency, should adopt standards for review
and related precedent that is generally used by the
intelligence community for reviewing whistleblower reprisal
complaints made under this section.
______

SA 3866. 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:

TITLE__--RACIAL PROFILING

SEC. __01. DEFINITIONS.

As used in this section:
(1) Racial profiling.--The term ``racial profiling'' means
the practice of a law enforcement agent relying, to any
degree, on race, ethnicity, religion, or national origin in
selecting which individuals to subject to routine or
spontaneous investigatory activities, or in deciding upon the
scope and substance of law enforcement activity following the
initial investigatory procedure, except when there is
trustworthy information, relevant to the locality and
timeframe, that links persons of a particular race,
ethnicity, religion, or national origin to an identified
criminal incident or scheme.
(2) Routine or spontaneous investigatory activities.--The
term ``routine or spontaneous investigatory activities''
means the following activities by law enforcement agents:
(A) Interviews.
(B) Traffic stops.
(C) Pedestrian stops.
(D) Frisks and other types of body searches.
(E) Consensual or nonconsensual searches of the persons or
possessions (including vehicles) of motorists or pedestrians.
(F) Inspections and interviews of entrants into the United
States that are more extensive than those customarily carried
out.
(G) Immigration related workplace investigations.
(H) Other types of law enforcement encounters compiled by
the Federal Bureau of Investigations or the Bureau of Justice
Statistics.

SEC. __2. POLICIES TO ELIMINATE RACIAL PROFILING BY FEDERAL
LAW ENFORCEMENT.

(a) In General.--Federal law enforcement agencies shall--
(1) maintain adequate policies and procedures designed to
eliminate racial profiling; and
(2) cease existing practices that encourage racial
profiling.
(b) Policies and Procedures.--The policies and procedures
maintained under subsection (a)(1) shall include--
(1) a prohibition on racial profiling;
(2) independent procedures for receiving, investigating,
and responding meaningfully to complaints alleging racial
profiling by law enforcement agents of the agency;
(3) procedures to discipline law enforcement agents who
engage in racial profiling; and
(4) such other policies or procedures that the Attorney
General, in consultation with the Secretary of Homeland
Security, determines necessary to eliminate racial profiling.
(c) Intent.--Nothing in this title is intended to impede
the ability of Federal law enforcement to protect the country
and its people from any threat, be it foreign or domestic.

SEC. __03. REPORTS ON RACIAL PROFILING IN THE UNITED STATES.

(a) Annual Report.--Not later than 2 years after the date
of enactment of this Act, and each year thereafter, the
Attorney General, in consultation with the Secretary of
Homeland Security, shall submit to Congress a report on
efforts to combat racial profiling in the United States.
(b) Contents.--Each report under subsection (a) shall
include, for the 1-year period ending on the date of such
report--
(1) the status of the adoption and implementation of
policies and procedures by Federal law enforcement agencies
pursuant to section __02; and
(2) a description of any other policies and procedures that
the Attorney General, in consultation with the Secretary of
Homeland Security, believes would facilitate the elimination
of racial profiling, including best practices utilized by
Federal, State, or local law enforcement agencies.
______

SA 3867. Mr. LEVIN (for himself and 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:

[[Page S10118]]

At the appropriate place, insert the following:

SEC. __. TERRORISM FINANCING.

(a) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of the Treasury, shall submit to Congress a report
evaluating the current state of United States efforts to
curtail the international financing of terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness and efficiency of current United
States governmental efforts and methods to detect, track,
disrupt, and stop terrorist financing;
(B) the relationship between terrorist financing and money
laundering, including how the laundering of proceeds related
to illegal narcotics or foreign political corruption may
contribute to terrorism or terrorist financing;
(C) the nature, effectiveness, and efficiency of current
efforts to coordinate intelligence and agency operations
within the United States Government to detect, track,
disrupt, and stop terrorist financing, including identifying
who, if anyone, has primary responsibility for developing
priorities, assigning tasks to agencies, and monitoring the
implementation of policy and operations; and
(D) ways to improve the setting of priorities and
coordination of United States efforts to detect, track,
disrupt, and stop terrorist financing, including
recommendations for changes in executive branch organization
or procedures, legislative reforms, or use of appropriated
funds.
(b) Postemployment Restriction for Certain Bank and Thrift
Examiners.--Section 10 of the Federal Deposit Insurance Act
(12 U.S.C. 1820) is amended by adding at the end the
following:
``(k) One-year Restrictions on Federal Examiners of
Financial Institutions.--
``(1) In general.--In addition to other applicable
restrictions set forth in title 18, United States Code, the
penalties set forth in paragraph (6) of this subsection shall
apply to any person who--
``(A) was an officer or employee (including any special
Government employee) of a Federal banking agency or a Federal
reserve bank;
``(B) served 2 or more months during the final 12 months of
his or her employment with such agency or entity as the
senior examiner (or a functionally equivalent position) of a
depository institution or depository institution holding
company with continuing, broad responsibility for the
examination (or inspection) and supervision of that
depository institution or depository institution holding
company on behalf of the relevant agency or Federal reserve
bank; and
``(C) within 1 year after the termination date of his or
her service or employment with such agency or entity,
knowingly accepts compensation as an employee, officer,
director, or consultant from--
``(i) such depository institution, any depository
institution holding company that controls such depository
institution, or any other company that controls such
depository institution; or
``(ii) such depository institution holding company or any
depository institution that is controlled by such depository
institution holding company.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `depository institution' includes an
uninsured branch or agency of a foreign bank, if such branch
or agency is located in any State; and
``(B) the term `depository institution holding company'
includes any foreign bank or company described in section
8(a) of the International Banking Act of 1978.
``(3) Rules of construction.--For purposes of this
subsection, a foreign bank shall be deemed to control any
branch or agency of the foreign bank, and a person shall be
deemed to act as a consultant for a depository institution,
depository institution holding company, or other company,
only if such person directly works on matters for, or on
behalf of, such depository institution, depository
institution holding company, or other company.
``(4) Regulations.--
``(A) In general.--Each Federal banking agency shall
prescribe rules or regulations to administer and carry out
this subsection, including rules, regulations, or guidelines
to define the scope of persons referred to in paragraph
(1)(B).
``(B) Consultation required.--The Federal banking agencies
shall consult with each other for the purpose of assuring
that the rules and regulations issued by the agencies under
subparagraph (A) are, to the extent possible, consistent and
comparable and practicable, taking into account any
differences in the supervisory programs utilized by the
agencies for the supervision of depository institutions and
depository institution holding companies.
``(5) Waiver.--
``(A) Agency authority.--A Federal banking agency may grant
a waiver, on a case by case basis, of the restriction imposed
by this subsection to any officer or employee (including any
special Government employee) of that agency, and the Board of
Governors of the Federal Reserve System may grant a waiver of
the restriction imposed by this subsection to any officer or
employee of a Federal reserve bank, if the head of such
agency certifies in writing that granting the waiver would
not affect the integrity of the supervisory program of the
relevant Federal banking agency.
``(B) Definition.--For purposes of this paragraph, the head
of an agency is--
``(i) the Comptroller of the Currency, in the case of the
Office of the Comptroller of the Currency;
``(ii) the Chairman of the Board of Governors of the
Federal Reserve System, in the case of the Board of Governors
of the Federal Reserve System;
``(iii) the Chairperson of the Board of Directors, in the
case of the Corporation; and
``(iv) the Director of the Office of Thrift Supervision, in
the case of the Office of Thrift Supervision.
``(6) Penalties.--
``(A) Violators subject to industry-wide prohibition
order.--In addition to any other penalty that may apply,
whenever a Federal banking agency determines that a person
subject to paragraph (1) has violated paragraph (1) by
becoming associated, in the manner described in paragraph
(1)(C), with a depository institution, depository institution
holding company, or other company for which such agency
serves as the appropriate Federal banking agency, the agency
shall serve a written notice or order, in accordance with and
subject to the provisions of section 8(e)(4) for written
notices or orders under paragraphs (1) or (2) of section
8(e), upon such person of the intention of the agency--
``(i) to remove such person from office or to prohibit such
person from further participation in the conduct of the
affairs of the depository institution, depository institution
holding company, or other company for a period of up to 5
years; and
``(ii) to prohibit any further participation by such
person, in any manner, in the conduct of the affairs of any
insured depository institution for a period of up to 5 years.
``(B) Scope of prohibition order.--Any person subject to an
order issued under this subsection shall be subject to
paragraphs (6) and (7) of section 8(e) in the same manner and
to the same extent as a person subject to an order issued
under such section.
``(C) Additional criminal and civil penalties.--In addition
to the civil penalties provided for in this paragraph, any
person who violates this subsection shall be punished as
provided in section 216 of title 18, United States Code.
``(D) Definitions.--Solely for purposes of this paragraph,
the `appropriate Federal banking agency' for a company that
is not a depository institution or depository institution
holding company shall be the Federal banking agency on whose
behalf the person described in paragraph (1) performed the
functions described in paragraph (1)(B).''.
(c) Postemployment Restriction for Certain Credit Union
Examiners.--Section 206 of the Federal Credit Union Act (12
U.S.C. 1786) is amended by adding at the end the following:
``(w) One-year Restrictions on Federal Examiners of Insured
Credit Unions.--
``(1) In general.--In addition to other applicable
restrictions set forth in title 18, United States Code, the
penalties set forth in paragraph (5) of this subsection shall
apply to any person who--
``(A) was an officer or employee (including any special
Government employee) of the Administration;
``(B) served 2 or more months during the final 12 months of
his or her employment with the Administration as the senior
examiner (or a functionally equivalent position) of an
insured credit union with continuing, broad responsibility
for the examination (or inspection) and supervision of that
insured credit union on behalf of the Administration; and
``(C) within 1 year after the termination date of his or
her service or employment with the Administration, knowingly
accepts compensation as an employee, officer, director, or
consultant from such insured credit union.
``(2) Rule of construction.--For purposes of this
subsection, a person shall be deemed to act as a consultant
for an insured credit union only if such person directly
works on matters for, or on behalf of, such insured credit
union.
``(3) Regulations.--
``(A) In general.--The Board shall prescribe rules or
regulations to administer and carry out this subsection,
including rules, regulations, or guidelines to define the
scope of persons referred to in paragraph (1)(B).
``(B) Consultation.--In prescribing rules or regulations
under this paragraph, the Board shall, to the extent it deems
necessary, consult with the Federal banking agencies (as
defined in section 3 of the Federal Deposit Insurance Act) on
regulations issued by such agencies in carrying out section
10(k) of the Federal Deposit Insurance Act.
``(4) Waiver.--
``(A) Agency authority.--The Board may grant a waiver, on a
case by case basis, of the restriction imposed by this
subsection to any officer or employee (including any special
Government employee) of the Administration if the Chairman
certifies in writing that granting the waiver would not
affect the integrity of the supervisory program of the
Administration.
``(5) Penalties.--
``(A) Violators subject to industry-wide prohibition
order.--In addition to any other penalty that may apply,
whenever the Board

[[Page S10119]]

determines that a person subject to paragraph (1) has
violated paragraph (1) by becoming associated, in the manner
described in paragraph (1)(C), with an insured credit union,
the Board shall serve written notice, in accordance with and
subject to the provisions of subsection (g)(4) for written
notices under paragraphs (1) or (2) of subsection (g), upon
such person of the intention of the Board--
``(i) to remove such person from office or to prohibit such
person from further participation in the conduct of the
affairs of the insured credit union for a period of up to 5
years; and
``(ii) to prohibit any further participation by such
person, in any manner, in the conduct of the affairs of any
insured credit union for a period of up to 5 years.
``(B) Scope of prohibition order.--Any person subject to an
order issued under this subsection shall be subject to
paragraphs (5) and (7) of subsection (g) in the same manner
and to the same extent as a person subject to an order issued
under subsection (g).
``(C) Additional criminal and civil penalties.--In addition
to the civil penalties provided for in this paragraph, any
person who violates this subsection shall be punished as
provided in section 216 of title 18, United States Code.''.
(d) Effective Date.--Notwithstanding section 341,
subsection (a) shall become effective on the date of
enactment of this Act, and the amendments made by subsections
(b) and (c) shall become effective at the end of the 12-month
period beginning on the date of enactment of this Act,
whether or not final regulations are issued in accordance
with the amendments made by this section as of that date of
enactment.
______

SA 3868. Mr. SESSIONS 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:

Beginning on page 52, strike line 21 and all that follows
through page 56, line 8.
Beginning on page 60, strike line 5 and all that follows
though page 81, line 14.
Beginning on page 153, strike line 5 and all that follows
through page 170, line 8 and insert the following:

SEC. 211. BOARD ON SAFEGUARDING AMERICANS' CIVIL LIBERTIES.

(a) Policy.--The United States Government has a solemn
obligation, and shall continue fully, to protect the legal
rights of all Americans, including freedoms, civil liberties,
and information privacy guaranteed by Federal law, in the
effective performance of national security and homeland
security functions.
(b) Establishment of Board.--To advance the policy set out
in subsection (a), there is established the President's Board
on Safeguarding Americans' Civil Liberties (hereinafter
referred to as the ``Board''). The Board shall be part of the
Department of Justice for administrative purposes.
(c)Functions.--The Board shall--
(1) advise the President on effective means to implement
the policy set out in subsection (a);
(2) keep the President informed of the implementation of
such policy;
(3) periodically request reports from Federal departments
and agencies relating to policies and procedures that ensure
implementation of the policy set out in subsection (a);
(4) recommend to the President policies, guidelines, and
other administrative actions, technologies, and legislation,
as necessary to implement the such policy;
(5) at the request of the head of any Federal department or
agency, unless the Chair of the Board, after consultation
with the Vice Chair, declines the request, promptly review
and provide advice on a policy or action of that department
or agency that implicates the policy set out in subsection
(a);
(6) obtain information and advice relating to such policy
from representatives of entities or individuals outside the
executive branch of the Federal Government in a manner that
seeks their individual advice and does not involve collective
judgment or consensus advice or deliberation;
(7) refer, consistent with section 535 of title 28, United
States Code, credible information pertaining to possible
violations of law relating to the Policy by any Federal
employee or official to the appropriate office for prompt
investigation;
(8) take steps to enhance cooperation and coordination
among Federal departments and agencies in the implementation
of the Policy, including but not limited to working with the
Director of the Office of Management and Budget and other
officers of the United States to review and assist in the
coordination of guidelines and policies concerning national
security and homeland security efforts, such as information
collection and sharing; and
(9) undertake other efforts to protect the legal rights of
all Americans, including freedoms, civil liberties, and
information privacy guaranteed by Federal law, as the
President may direct;
(d) Advisory Committees.--Upon the recommendation of the
Board, the Attorney General or the Secretary of Homeland
Security may establish one or more committees that include
individuals from outside the executive branch of the Federal
Government, in accordance with applicable law, to advise the
Board on specific issues relating to the policy set out in
subsection (a). Any such committee shall carry out its
functions separately from the Board.
(e) Membership and Operation.--The Board shall consist
exclusively of the following:
(1) the Deputy Attorney General, who shall serve as Chair;
(2) the Under Secretary for Border and Transportation
Security, Department of Homeland Security, who shall serve as
Vice Chair;
(3) the Assistant Attorney General, Civil Rights Division;
(4) the Assistant Attorney General, Office of Legal Policy;
(5) the Counsel for Intelligence Policy, Department of
Justice;
(6) the Chair of the Privacy Council, Federal Bureau of
Investigation;
(7) the Assistant Secretary for Information Analysis,
Department of Homeland Security;
(8) the Assistant Secretary, Policy, Directorate of Border
and Transportation Security, Department of Homeland Security;
(9) the Officer for Civil Rights and Civil Liberties,
Department of Homeland Security;
(10) the Privacy Officer, Department of Homeland Security;
(11) the Under Secretary for Enforcement, Department of the
Treasury;
(12) the Assistant Secretary (Terrorist Financing),
Department of the Treasury;
(13) the General Counsel, Office of Management and Budget;
(14) the Deputy Director of Central Intelligence for
Community Management;
(15) the General Counsel, Central Intelligence Agency;
(16) the General Counsel, National Security Agency;
(17) the Under Secretary of Defense for Intelligence;
(18) the General Counsel of the Department of Defense;
(19) the Legal Adviser, Department of State;
(20) the Director, Terrorist Threat Integration Center; and
(21) such other officers of the United States as the Deputy
Attorney General may from time to time designate.
(f) Delegation.--A member of the Board may designate, to
perform the Board or Board subgroup functions of the member,
any person who is part of such member's department or agency
and who is either an officer of the United States appointed
by the President, or a member of the Senior Executive Service
or the Senior Intelligence Service.
(g) Administrative Matters.--The Chair, after consultation
with the Vice Chair, shall convene and preside at meetings of
the Board, determine its agenda, direct its work, and, as
appropriate to deal with particular subject matters,
establish and direct subgroups of the Board that shall
consist exclusively of members of the Board. The Chair may
invite, in his discretion, officers or employees of other
departments or agencies to participate in the work of the
Board. The Chair shall convene the first meeting of the Board
within 20 days after the date of the enactment of this Act
and shall thereafter convene meetings of the Board at such
times as the Chair, after consultation with the Vice Chair,
deems appropriate. The Deputy Attorney General shall
designate an official of the Department of Justice to serve
as the Executive Director of the Board.
(h) Cooperation.--To the extent permitted by law, all
Federal departments and agencies shall cooperate with the
Board and provide the Board with such information, support,
and assistance as the Board, through the Chair, may request.
(i) Administration.-- Consistent with applicable law and
subject to the availability of appropriations, the Department
of Justice shall provide the funding and administrative
support for the Board necessary to implement this section.
(j) General Provisions.--
(1) Relationship to other authority.--The provisions of
this section shall not be construed to impair or otherwise
affect the authorities of any department, agency,
instrumentality, officer, or employee of the United States
under applicable law, including the functions of the Director
of the Office of Management and Budget relating to budget,
administrative, or legislative proposals.
(2) Relationship to other laws.--The provisions of this
section shall be implemented in a manner consistent with
applicable laws and Executive Orders concerning protection of
information, including those for the protection of
intelligence sources and methods, law enforcement
information, and classified national security information,
and the Privacy Act of 1974 (5 U.S.C. 552a).
(3) Internal management.--The provisions of this section
are intended only to improve the internal management of the
Federal Government and is not intended to, and do not, create
any right or benefit, substantive or procedural, enforceable
at law or in equity, by a party against the United States, or
any of its departments, agencies, instrumentalities,
entities, officers, employees, or agents, or any other
person.
______

SA 3869. Mr. SESSIONS submitted an amendment intended to be proposed
by

[[Page S10120]]

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:

Beginning on page 52, strike line 21 and all that follows
through page 56, line 8.
Beginning on page 60, strike line 5 and all that follows
though page 81, line 14.
Beginning on page 153, strike line 3 and all that follows
through page 170, line 8.
______

SA 3870. Mr. SESSIONS 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. __. PERMANENT INFORMATION SHARING.

Section 224 of the USA PATRIOT ACT (Public Law 107-56) is
amended by--
(1) striking ``203(a), 203(c)'' and inserting ``203''; and
(2) inserting ``218,'' after ``216,''.
______

SA 3871. Mr. SESSIONS (for himself, Mr. Cornyn, Mr. Miller, and Mr.
Ensign) 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 213, after line 12, add the following:

TITLE IV--IMMIGRATION ENFORCEMENT

SEC. 401. FEDERAL AFFIRMATION OF STATE AND LOCAL ASSISTANCE
IN ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

(a) In General.--Notwithstanding any other provision of law
and reaffirming the existing inherent authority of States,
law enforcement personnel of a State or a political
subdivision of a State have the inherent authority of a
sovereign entity to investigate, apprehend, arrest, detain,
or transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State
lines to detention centers), in the course of carrying out
their routine duties for the purpose of assisting in the
enforcement of the immigration laws of the United States.
(b) Construction.--Nothing in this section shall be
construed to require law enforcement officers of a State or
political subdivision of a State to--
(1) report the identity of victims of, or witnesses to, a
criminal offense to the Secretary of Homeland Security; or
(2) arrest such victims or witnesses for immigration
violations.

SEC. 402. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to NCIC.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and continually thereafter, the Under
Secretary for Border and Transportation Security of the
Department of Homeland Security shall provide the National
Crime Information Center of the Department of Justice with
such information as the Under Secretary may have on--
(A) all aliens against whom a final order of removal has
been issued;
(B) all aliens who have signed a voluntary departure
agreement; and
(C) all aliens whose visas have been revoked.
(2) Circumstances.--The information described in paragraph
(1) shall be provided to the National Crime Information
Center regardless of whether--
(A) the alien received notice of a final order of removal;
or
(B) the alien has already been removed.
(b) Inclusion of Information in NCIC Database.--Section
534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.
(c) Permission To Depart Voluntarily.--Section
240B(a)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1229c(a)(2)(A)) is amended by striking ``120'' and
inserting ``30''.

SEC. 403. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY
STATE OR LOCAL LAW ENFORCEMENT.

(a) In General.--Section 241 of the Immigration and
Nationality Act (8 U.S.C. 1231) is amended by adding at the
end the following:
``(j) Custody of Illegal Aliens.--
``(1) In general.--If the chief executive officer of a
State or, if appropriate, a political subdivision of the
State, exercising authority with respect to the apprehension
of an illegal alien submits a request to the Secretary of
Homeland Security that the alien be taken into Federal
custody, the Secretary of Homeland Security--
``(A) shall--
``(i) not later than 48 hours after the conclusion of the
State charging process or dismissal process, or if no State
charging or dismissal process is required, not later than 48
hours after the illegal alien is apprehended, take the
illegal alien into the custody of the Federal Government and
incarcerate the alien; or
``(ii) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport the
illegal alien for transfer to Federal custody; and
``(B) shall designate at least 1 Federal, State, or local
prison or jail, or a private contracted prison or detention
facility, within each State as the central facility for that
State to transfer custody of the criminal or illegal alien to
the Secretary of Homeland Security.
``(2) Reimbursement.--
``(A) In general.--The Department of Homeland Security
shall reimburse States and political subdivisions for all
reasonable expenses, as determined by the Secretary of
Homeland Security, incurred by a State or political
subdivision in the incarceration and transportation of an
illegal alien as described in subparagraphs (A) and (B) of
paragraph (1).
``(B) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of paragraph (1)
shall be the sum of--
``(i)(I) the average cost of incarceration of a prisoner
per day in the relevant State, as determined by the chief
executive officer of a State, or, as appropriate, a political
subdivision of the State; multiplied by
``(II) the number of days that the alien was in the custody
of the State or political subdivision; and
``(ii) the cost of transporting the criminal or illegal
alien--

``(I) from the point of apprehension to the place of
detention; and
``(II) if the place of detention and place of custody are
different, to the custody transfer point.

``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary
to carry out paragraph (2).''.
______

SA 3872. Mr. SESSIONS (for himself and Mr. Ensign) 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. __. BIOMETRIC STANDARDS FOR PASSPORTS.

(a) Findings.--Congress finds the following:
(1) The 9/11 Commission Report made clear that the
incapacity to establish the authenticity of United States
passports through a biometric identifier is a major gap in
homeland security when it stated, ``Americans should not be
exempt from carrying biometric passports or otherwise
enabling their identities to be securely verified when they
enter the United States; nor should Canadians or Mexicans''.
(2) The Enhanced Border Security and Visa Entry Reform Act
of 2002 requires Visa Waiver Program countries to conform to
a biometric standard negotiated through the International
Civil Aviation Organization, rather than requiring a specific
type of biometric identifier. The standard agreed upon by the
international community is facial recognition, consisting of
a picture with a computer chip embedded in the passport to
verify the picture.
(3) Facial recognition biometric technology remains
inferior to fingerprint biometric technology for the purpose
of one-to-many matches and is not consistent with the
biometric information that the United States collects from
visa applicants through its visa issuance process.
Consequently, individuals from Visa Waiver Program countries
who do not go through visa applications and interviews at the
point of origin are admitted into the United States with only
a facial biometric identifier contained in their passport.
(4) In order to be eligible for the Visa Waiver Program,
Visa Waiver Program countries should issue visas and
passports that conform with the same biometric standard as
travel documents issued by the United States.
(5) Because the United Sates must set an example in the
establishment of an international travel document biometric
identification standard, and must ensure that United States
issued passports are not used by non-United States citizens
to fraudulently gain entrance into the United States, the
United States should not only comply with the standards set
by the International Civil Aviation Organization, but should
include fingerprints as a second additional biometric
identifier on the passports it issues to its citizens.
(b) Fingerprints on United States Passports.--
(1) In general.--The Secretary of State shall ensure that
each passport issued by the United States after the effective
date of this subsection--
(A) contains the index fingerprints of the person to whom
such passport was issued; and

[[Page S10121]]

(B) complies with the additional biometric standard
established by the International Civil Aviation Organization.
(2) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated a
total of $1,000,000,000 for fiscal years 2005 and 2006 to
carry out the provisions of paragraph (1).
(B) Availability.--Any amounts appropriated pursuant to
subparagraph (A) shall remain available until expended.
(3) Effective date.--This subsection shall take effect on
the date which is 1 year after the date of enactment of this
Act.
(c) Biometric Standard for Passports Issued by Visa Waiver
Program Countries.--
(1) In general.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(A) in subsection (a)(3)(A), by striking ``satisfies the
internationally accepted standard for machine readability.''
and inserting the following:
``(i) satisfies the internationally accepted standard for
machine readability; and
``(ii) contains fingerprint biometric identifiers of the
alien.''; and
(B) in subsection (c)(2)(B)(i), by striking ``satisfy the
internationally accepted standard for machine readability.''
and inserting the following:
``(i) satisfy the internationally accepted standard for
machine readability; and
``(ii) contain fingerprint biometric identifiers of such
citizens.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date which is 1 year after the date
on which the Secretary of State begins to issue passports in
accordance with subsection (b)(1).
______

SA 3873. Mr. SESSIONS 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:

SEC. __. RAILROAD CARRIERS AND MASS TRANSPORTATION PROTECTION
ACT OF 2004.

(a) Short Title.--This section may be cited as the
``Railroad Carriers and Mass Transportation Protection Act of
2004''.
(b) In General.--Chapter 97 of title 18, United States
Code, is amended by striking sections 1992 through 1993 and
inserting the following:

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

``(a) General Prohibitions.--Whoever, in a circumstance
described in subsection (c), knowingly--
``(1) wrecks, derails, sets fire to, or disables railroad
on-track equipment, a passenger vessel, or a mass
transportation vehicle;
``(2) with intent to endanger the safety of any passenger
or employee of a railroad carrier, passenger vessel, or mass
transportation provider, or with a reckless disregard for the
safety of human life, and without previously obtaining the
permission of the railroad carrier, mass transportation
provider, or owner of the passenger vessel--
``(A) places any biological agent or toxin, destructive
substance, or destructive device in, upon, or near railroad
on-track equipment, a passenger vessel, or a mass
transportation vehicle; or
``(B) releases a hazardous material or a biological agent
or toxin on or near the property of a railroad carrier, owner
of a passenger vessel, or mass transportation provider;
``(3) sets fire to, undermines, makes unworkable, unusable,
or hazardous to work on or use, or places any biological
agent or toxin, destructive substance, or destructive device
in, upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track,
electromagnetic guideway, signal, station, depot, warehouse,
terminal, or any other way, structure, property, or
appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, without previously
obtaining the permission of the railroad carrier, and with
intent to, or knowing or having reason to know such activity
would likely, derail, disable, or wreck railroad on-track
equipment;
``(B) garage, terminal, structure, track, electromagnetic
guideway, supply, or facility used in the operation of, or in
support of the operation of, a mass transportation vehicle,
without previously obtaining the permission of the mass
transportation provider, and with intent to, or knowing or
having reason to know such activity would likely, derail,
disable, or wreck a mass transportation vehicle used,
operated, or employed by a mass transportation provider; or
``(C) structure, supply, or facility used in the operation
of, or in the support of the operation of, a passenger
vessel, without previously obtaining the permission of the
owner of the passenger vessel, and with intent to, or knowing
or having reason to know that such activity would likely
disable or wreck a passenger vessel;
``(4) removes an appurtenance from, damages, or otherwise
impairs the operation of a railroad signal system or mass
transportation signal or dispatching system, including a
train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal, without
authorization from the rail carrier or mass transportation
provider;
``(5) with intent to endanger the safety of any passenger
or employee of a railroad carrier, owner of a passenger
vessel, or mass transportation provider or with a reckless
disregard for the safety of human life, interferes with,
disables, or incapacitates any dispatcher, driver, captain,
locomotive engineer, railroad conductor, or other person
while the person is employed in dispatching, operating, or
maintaining railroad on-track equipment, a passenger vessel,
or a mass transportation vehicle;
``(6) engages in conduct, including the use of a dangerous
weapon, with the intent to cause death or serious bodily
injury to any person who is on the property of a railroad
carrier, owner of a passenger vessel, or mass transportation
provider that is used for railroad or mass transportation
purposes;
``(7) conveys false information, knowing the information to
be false, concerning an attempt or alleged attempt that was
made, is being made, or is to be made, to engage in a
violation of this subsection; or
``(8) attempts, threatens, or conspires to engage in any
violation of any of paragraphs (1) through (7);

shall be fined under this title 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;

[[Page S10122]]

``(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.''.
(c) 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),''.
______

SA 3874. Mr. WARNER 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 211, after line 22, add the following:

SEC. 337. RETENTION OF CURRENT PROGRAMS, PROJECTS, AND
ACTIVITIES WITHIN JOINT MILITARY INTELLIGENCE
PROGRAM AND TACTICAL INTELLIGENCE AND RELATED
ACTIVITIES PROGRAMS PENDING REVIEW.

(a) Retention Within Current Programs.--Notwithstanding any
other provision of law, all programs, projects, and
activities contained within the Joint Military Intelligence
Program and the Tactical Intelligence and Related Activities
program as of the date of the enactment of this Act shall
remain within such programs until a thorough review of such
programs is completed.
(b) Removal From Current Programs.--A program, project, or
activity referred to in subsection (a) may be removed from
the Joint Military Intelligence Program or the Tactical
Intelligence and Related Activities programs only if agreed
to by the National Intelligence Director and the Secretary of
Defense.
______

SA 3875. Mr. WARNER 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 line 24 and all that follows through page
7, line 2, and insert the following:
(ii) includes all programs, projects, and activities of the
National Foreign Intelligence Program as of the date of the
enactment of this Act, including the Central Intelligence
Agency, the
______

SA 3876. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye)
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 213, insert after line 8, the following:

SEC. 352. PRESERVATION OF AUTHORITY AND ACCOUNTABILITY.

Nothing in this Act, or the amendments made by this Act,
shall be construed to impair and otherwise affect the
authority of--
(1) the Director of the Office of Management and Budget; or
(2) the principal officers of the executive departments as
heads of their respective departments, including, but not
limited to--
(A) the authority of the Secretary of State under section
199 of the Revised Statutes (22 U.S.C. 2651) and the State
Department Basic Authorities Act;
(B) the authority of the Secretary of Energy under title II
of the Department of Energy Organization Act (42 U.S.C.
7131);
(C) the authority of the Secretary of Homeland Security
under section 102(a) of the Homeland Security Act of 2002 (6
U.S.C. 112(a));
(D) the authority of the Secretary of Defense under
sections 113(b) and 162(b) of title 10, United States Code;
(E) the authority of the Secretary of the Treasury under
section 301(b) of title 31, United States Code;
(F) the authority of the Attorney General under section 503
of title 28, United States Code; and
(G) the authority of the heads of executive departments
under section 301 of title 5, United States Code.
On page 213, line 9, strike ``352.'' and insert ``353.''.
______

SA 3877. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye)
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 40, strike line 18 and all that follows through
page 41, line 4, and insert the following:
(b) Concurrence of NID in Certain Appointments Recommended
by Secretary of Defense.--(1) In the event of a vacancy in a
position referred to in paragraph (2), the Secretary of
Defense shall obtain the concurrence of the National
Intelligence Director before recommending to the President an
individual for nomination to fill such vacancy. If the
Director does not concur in the recommendation, the Secretary
may make the recommendation to the President without the
concurrence of the Director, but shall include in the
recommendation a statement that the Director does not concur
in the recommendation.
On page 41, line 12, strike ``Concurrence of'' and insert
``Consultation With''.
On page 41, beginning on line 15, strike ``obtain the
concurrence of'' and insert ``consult with''.
______

SA 3878. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye)
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, line 21, insert after ``Program'' the following:
``(other than the Directorate for Intelligence (J2) of the
Joint Staff)''.
______

SA 3879. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye)
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 8, between lines 6 and 7, insert the following:
(8) The term ``personal'', except as otherwise
expressly provided, means civilian personnel of the United
States Government.

[[Page S10123]]

______

SA 3880. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye)
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 15, line 5, strike ``consultation'' and insert
``coordination''.
______

SA 3881. Mr. KYL 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 __--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOARNA
GILLIS, AND NILA LYNNE CRIME VICTIMS' RIGHTS ACT

SEC. __01. SHORT TITLE.

This title may be cited as the ``Scott Campbell, Stephanie
Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime
Victims' Rights Act''.

SEC. __02. CRIME VICTIMS' RIGHTS.

(a) Amendment to Title 18.--Part II of title 18, United
States Code, is amended by adding at the end the following:

``CHAPTER 237--CRIME VICTIMS' RIGHTS

``Sec.
``3771. Crime victims' rights.

``Sec. 3771. Crime victims' rights

``(a) Rights of Crime Victims.--A crime victim has the
following rights:
``(1) The right to be reasonably protected from the
accused.
``(2) The right to reasonable, accurate, and timely notice
of any public proceeding involving the crime or of any
release or escape of the accused.
``(3) The right not to be excluded from any such public
proceeding.
``(4) The right to be reasonably heard at any public
proceeding involving release, plea, or sentencing.
``(5) The right to confer with the attorney for the
Government in the case.
``(6) The right to full and timely restitution as provided
in law.
``(7) The right to proceedings free from unreasonable
delay.
``(8) The right to be treated with fairness and with
respect for the victim's dignity and privacy.
``(b) Rights Afforded.--In any court proceeding involving
an offense against a crime victim, the court shall ensure
that the crime victim is afforded the rights described in
subsection (a). The reasons for any decision denying relief
under this chapter shall be clearly stated on the record.
``(c) Best Efforts To Accord Rights.--
``(1) Government.--Officers and employees of the Department
of Justice and other departments and agencies of the United
States engaged in the detection, investigation, or
prosecution of crime shall make their best efforts to see
that crime victims are notified of, and accorded, the rights
described in subsection (a).
``(2) Conflict.--In the event of any material conflict of
interest between the prosecutor and the crime victim, the
prosecutor shall advise the crime victim of the conflict and
take reasonable steps to direct the crime victim to the
appropriate legal referral, legal assistance, or legal aid
agency.
``(3) Notice.--Notice of release otherwise required
pursuant to this chapter shall not be given if such notice
may endanger the safety of any person.
``(d) Enforcement and Limitations.--
``(1) Rights.--The crime victim, the crime victim's lawful
representative, and the attorney for the Government may
assert the rights established in this chapter. A person
accused of the crime may not obtain any form of relief under
this chapter.
``(2) Multiple crime victims.--In a case where the court
finds that the number of crime victims makes it impracticable
to accord all of the crime victims the rights contained in
this chapter, the court shall fashion a procedure to give
effect to this chapter.
``(3) Writ of mandamus.--If a Federal court denies any
right of a crime victim under this chapter or under the
Federal Rules of Criminal Procedure, the Government or the
crime victim may apply for a writ of mandamus to the
appropriate court of appeals. The court of appeals shall take
up and decide such application forthwith and shall order such
relief as may be necessary to protect the crime victim's
ability to exercise the rights.
``(4) Error.--In any appeal in a criminal case, the
Government may assert as error the district court's denial of
any crime victim's right in the proceeding to which the
appeal relates.
``(5) New trial.--In no case shall a failure to afford a
right under this chapter provide grounds for a new trial.
``(6) No cause of action.--Nothing in this chapter shall be
construed to authorize a cause of action for damages.
``(e) Crime Victim.--In this chapter, the term `crime
victim' means a person directly and proximately harmed as a
result of the commission of an offense listed in
2332b(g)(5)(B) of this title.
``(f) Procedures To Promote Compliance.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of this chapter, the Attorney General of the United
States shall promulgate regulations to enforce the rights of
crime victims and to ensure compliance by responsible
officials with the obligations described in law respecting
crime victims.
``(2) Contents.--The regulations promulgated under
paragraph (1) shall--
``(A) establish an administrative authority within the
Department of Justice to receive and investigate complaints
relating to the provision or violation of the rights of a
crime victim;
``(B) require a course of training for employees and
offices of the Department of Justice that fail to comply with
provisions of Federal law pertaining to the treatment of
crime victims, and otherwise assist such employees and
offices in responding more effectively to the needs of crime
victims;
``(C) contain disciplinary sanctions, including suspension
or termination from employment, for employees of the
Department of Justice who willfully or wantonly fail to
comply with provisions of Federal law pertaining to the
treatment of crime victims; and
``(D) provide that the Attorney General, or the designee of
the Attorney General, shall be the final arbiter of the
complaint, and that there shall be no judicial review of the
final decision of the Attorney General by a complainant.''.
(b) Table of Chapters.--The table of chapters for part II
of title 18, United States Code, is amended by inserting at
the end the following:

``237. Crime victims' rights................................3771''.....

SEC. __03. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME
VICTIMS' RIGHTS.

(a) Crime Victims Legal Assistance Grants.--The Victims of
Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404C the following:

``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.

``(a) In General.--The Director may make grants as provided
in section 1404(c)(1)(A) to State, tribal, and local
prosecutors' offices, law enforcement agencies, courts,
jails, and correctional institutions, and to qualified public
and private entities, to develop, establish, and maintain
programs for the enforcement of crime victims' rights as
provided in law.
``(b) False Claims Act.--Notwithstanding any other
provision of law, amounts collected pursuant to sections 3729
through 3731 of title 31, United States Code (commonly known
as the `False Claims Act'), may be used for grants under this
section, subject to appropriation.''.
(b) Authorization of Appropriations.--In addition to funds
made available under section 1402(d) of the Victims of Crime
Act of 1984, there are authorized to be appropriated to carry
out this Act--
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each
of fiscal years 2006, 2007, 2008, and 2009 to United States
Attorneys Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each
of the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice for
enhancement of the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office
for Victims of Crime of the Department of Justice for staff
to administer the appropriation for the support of the
National Crime Victim Law Institute or other organizations as
designated under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for
each of the fiscal years 2006, 2007, 2008, and 2009, to the
Office for Victims of Crime of the Department of Justice, for
the support of--
(A) the National Crime Victim Law Institute and the
establishment and operation of the Institute's programs to
provide counsel for victims in criminal cases for the
enforcement of crime victims' rights in Federal
jurisdictions, and in States and tribal governments that have
laws substantially equivalent to the provisions of chapter
237 of title 18, United States Code; or
(B) other organizations substantially similar to that
organization as determined by the Director of the Office for
Victims of Crime.
(c) Increased Resources To Develop State-of-the-Art Systems
for Notifying Crime Victims of Important Dates and
Developments.--The Victims of Crime Act of 1984 (42 U.S.C.
10601 et seq.) is amended by inserting after section 1404D
the following:

``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.

``(a) In General.--The Director may make grants as provided
in section 1404(c)(1)(A) to State, tribal, and local
prosecutors' offices, law enforcement agencies, courts,
jails, and correctional institutions, and to qualified public
or private entities, to develop and implement state-of-the-
art systems for notifying victims of crime of important dates
and developments relating to the criminal proceedings at
issue in a timely and efficient manner, provided that the
jurisdiction has laws substantially equivalent to the
provisions of chapter 237 of title 18, United States Code.

[[Page S10124]]

``(b) Integration of Systems.--Systems developed and
implemented under this section may be integrated with
existing case management systems operated by the recipient of
the grant.
``(c) Authorization of Appropriations.--In addition to
funds made available under section 1402(d), there are
authorized to be appropriated to carry out this section--
``(1) $5,000,000 for fiscal year 2005; and
``(2) $5,000,000 for each of the fiscal years 2006, 2007,
2008, and 2009.
``(d) False Claims Act.--Notwithstanding any other
provision of law, amounts collected pursuant to sections 3729
through 3731 of title 31, United States Code (commonly known
as the `False Claims Act'), may be used for grants under this
section, subject to appropriation.''.

SEC. __04. REPORTS.

(a) Administrative Office of the United States Courts.--Not
later than 1 year after the date of enactment of this Act and
annually thereafter, the Administrative Office of the United
States Courts, for each Federal court, shall report to
Congress the number of times that a right established in
chapter 237 of title 18, United States Code, is asserted in a
criminal case and the relief requested is denied and, with
respect to each such denial, the reason for such denial, as
well as the number of times a mandamus action is brought
pursuant to chapter 237 of title 18, and the result reached.
(b) General Accounting Office.--
(1) Study.--The Comptroller General shall conduct a study
that evaluates the effect and efficacy of the implementation
of the amendments made by this Act on the treatment of crime
victims in the Federal system.
(2) Report.--Not later than 3 years after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the appropriate committees a report containing
the results of the study conducted under paragraph (1).
______

SA 3882. Mr. STEVENS 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 60, strike line 5 and all that follows through page
77, line 18, and insert the following:

SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE
AUTHORITY.

(a) Office of Inspector General of National Intelligence
Authority.--There is within the National Intelligence
Authority an Office of the Inspector General of the National
Intelligence Authority.
(b) Purpose.--The purpose of the Office of the Inspector
General of the National Intelligence Authority is to--
(1) create an objective and effective office, appropriately
accountable to Congress, to initiate and conduct
independently investigations, inspections, and audits
relating to--
(A) the programs and operations of the National
Intelligence Authority;
(B) the relationships among the elements of the
intelligence community within the National Intelligence
Program; and
(C) the relationships between the elements of the
intelligence community within the National Intelligence
Program and the other elements of the intelligence community;
(2) recommend policies designed--
(A) to promote economy, efficiency, and effectiveness in
the administration of such programs and operations, and in
such relationships; and
(B) to prevent and detect fraud and abuse in such programs,
operations, and relationships;
(3) provide a means for keeping the National Intelligence
Director fully and currently informed about--
(A) problems and deficiencies relating to the
administration of such programs and operations, and to such
relationships; and
(B) the necessity for, and the progress of, corrective
actions; and
(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of--
(A) significant problems and deficiencies relating to the
administration of such programs and operations, and to such
relationships; and
(B) the necessity for, and the progress of, corrective
actions.
(c) Inspector General of National Intelligence Authority.--
(1) There is an Inspector General of the National
Intelligence Authority, who shall be the head of the Office
of the Inspector General of the National Intelligence
Authority, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Any individual nominated for appointment as Inspector
General of the National Intelligence Authority shall have
significant prior experience in the fields of intelligence
and national security.
(d) Duties and Responsibilities.--(1) The Inspector General
of the National Intelligence Authority shall have the duties
and responsibilities set forth in applicable provisions of
the Inspector General Act of 1978 (5 U.S.C. App.).
(2) In addition to the duties and responsibilities provided
for in paragraph (1), the Inspector General shall--
(1) provide policy direction for, and plan, conduct,
supervise, and coordinate independently, the investigations,
inspections, and audits relating to the programs and
operations of the National Intelligence Authority, the
relationships among the elements of the intelligence
community within the National Intelligence Program, and the
relationships between the elements of the intelligence
community within the National Intelligence Program and the
other elements of the intelligence community to ensure they
are conducted efficiently and in accordance with applicable
law and regulations;
(2) keep the National Intelligence Director fully and
currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies
that may occur in such programs and operations, and in such
relationships, and to report the progress made in
implementing corrective action;
(3) take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued
by the Inspector General, and, to the extent consistent with
the purpose and objective of such reports, take such measures
as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports;
and
(4) in the execution of the duties and responsibilities
under this section, comply with generally accepted government
auditing standards.
(e) Amendments to Inspector General Act of 1978.--(1) The
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating section 8J as section 8K; and
(B) by inserting after section 8I the following new
section:

``special provisions concerning the national intelligence authority

``Sec. 8J. (a) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the National
Intelligence Authority shall be under the authority,
direction, and control of the National Intelligence Director
with respect to audits or investigations, or the issuance of
subpoenas, which require access to information concerning
intelligence or counterintelligence matters the disclosure of
which would constitute a serious threat to national security.
With respect to such information, the Director may prohibit
the Inspector General from initiating, carrying out, or
completing any investigation, inspection, or audit if the
Director determines that such prohibition is necessary to
preserve the vital national security interests of the United
States.
``(b) If the National Intelligence Director exercises the
authority under subsection (a), the Director shall submit to
the congressional intelligence committees an appropriately
classified statement of the reasons for the exercise of such
authority within seven days.
``(c) The National Intelligence Director shall advise the
Inspector General of the National Intelligence Authority at
the time a report under subsection (a) is submitted, and, to
the extent consistent with the protection of intelligence
sources and methods, provide the Inspector General with a
copy of such report.
``(d) The Inspector General of the National Intelligence
Authority may submit to the congressional intelligence
committees any comments on a report of which the Inspector
General has notice under subsection (c) that the Inspector
General considers appropriate.
``(e) In this section, the term `congressional intelligence
committees' means--
``(1) the Select Committee on Intelligence of the Senate;
and
``(2) the Permanent Select Committee on Intelligence of the
House of Representatives.''.
(2) Section 8H(a)(1)(A) of that Act is amended by inserting
``National Intelligence Authority,'' before ``Defense
Intelligence Agency''.
(3) Section 11 of that Act is amended--
(1) in paragraph (1), by inserting ``the National
Intelligence Director;'' after ``the Office of Personnel
Management;''; and
(2) in paragraph (2), by inserting ``the National
Intelligence Authority,'' after ``the Office of Personnel
Management,''.
______

SA 3883. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 3705 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 10, strike line 20 and all that follows through
page 11, line 7, and insert the following:
``(d) Training and Exercises Office Within the Office of
State and Local Government Coordination and Preparedness.--
``(1) In general.--The Secretary shall create within the
Office for State and Local Government Coordination and
Preparedness an internal office that shall be the proponent
for all national domestic preparedness, training, education,
and exercises within the Office for Domestic Preparedness.
``(2) Office head.--The Secretary shall select an
individual with recognized expertise

[[Page S10125]]

in first-responder training and exercises to head the office,
and such person shall report directly to the Director of the
Office for State and Local Government Coordination and
Preparedness.''.
______

SA 3884. Mr. SESSIONS 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 10, line 17, strike the semicolon and all that
follows through page 11, line 7, and insert a period.
______

SA 3885. Mr. BIDEN 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, insert the following new title:

TITLE IV--INTERNATIONAL BROADCASTING ACTIVITIES

SEC. 401. SHORT TITLE.

This title may be cited as the ``Initiative 911 Act''.

SEC. 402. FINDINGS.

Congress makes the following findings:
(1) Open communication of information and ideas among
peoples of the world contributes to international peace and
stability, and that the promotion of such communication is
important to the national security of the United States.
(2) The United States needs to improve its communication of
information and ideas to people in foreign countries,
particularly in countries with significant Muslim
populations.
(3) A significant expansion of United States international
broadcasting would provide a cost-effective means of
improving communication with countries with significant
Muslim populations by providing news, information, and
analysis, as well as cultural programming, through both radio
and television broadcasts.
(4) The report of the National Commission on Terrorist
Attacks Upon the United States stated that, ``Recognizing
that Arab and Muslim audiences rely on satellite television
and radio, the government has begun some promising
initiatives in television and radio broadcasting to the Arab
world, Iran, and Afghanistan. These efforts are beginning to
reach large audiences. The Broadcasting Board of Governors
has asked for much larger resources. It should get them.''.

SEC. 403. SPECIAL AUTHORITY FOR SURGE CAPACITY.

The United States International Broadcasting Act of 1994
(22 U.S.C. 6201 et seq.) is amended by adding at the end the
following new section:

``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

``(a) Emergency Authority.--
``(1) In general.--Whenever the President determines it to
be important to the national interests of the United States
and so certifies to the appropriate congressional committees,
the President, on such terms and conditions as the President
may determine, is authorized to direct any department,
agency, or other entity of the United States to furnish the
Broadcasting Board of Governors with such assistance as may
be necessary to provide international broadcasting activities
of the United States with a surge capacity to support United
States foreign policy objectives during a crisis abroad.
``(2) Supersedes existing law.--The authority of paragraph
(1) supersedes any other provision of law.
``(3) Surge capacity defined.--In this subsection, the term
`surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a
geographical area during a crisis.
``(b) Authorization of Appropriations.--
``(1) In general.--Effective October 1, 2004, there are
authorized to be appropriated to the President such amounts
as may be necessary for the President to carry out this
section, except that no such amount may be appropriated
which, when added to amounts previously appropriated for such
purpose but not yet obligated, would cause such amounts to
exceed $25,000,000.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in this subsection are
authorized to remain available until expended.
``(3) Designation of appropriations.--Amounts appropriated
pursuant to the authorization of appropriations in this
subsection may be referred to as the `United States
International Broadcasting Surge Capacity Fund'.''.

SEC. 404. REPORT.

In each annual report submitted under section 305(a)(9) of
the United States International Broadcasting Act of 1994 (22
U.S.C. 6204(a)(9)) after the date of enactment of this title,
the Broadcasting Board of Governors shall give special
attention to reporting on the activities carried out under
this title.

SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to amounts otherwise available
for such purposes, the following amounts are authorized to be
appropriated to carry out United States Government
broadcasting activities under the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of
1994 (22 U.S.C. 6201 et seq.), the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted in division of G of the
Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 107-277), and this
title, and to carry out other authorities in law consistent
with such purposes:
(1) International broadcasting operations.--For
``International Broadcasting Operations'', $497,000,000 for
the fiscal year 2005.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $70,000,000 for the fiscal year 2005.
(b) Availability of Funds.--Amounts appropriated pursuant
to the authorization of appropriations in this section are
authorized to remain available until expended.

SEC. 406. EFFECTIVE DATE.

Notwithstanding section 341 or any other provision of this
Act, this title shall become effective on the date of
enactment of this Act.
______

SA 3886. Mr. FEINGOLD 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. __. TERRORIST SCREENING CENTER.

(a) Criteria for Watchlist.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigation, shall define and report to Congress
the criteria for placing individuals on the Terrorist
Screening Center consolidated screening watch list, including
reliability thresholds, minimum standards for identifying
information, specific designations of the certainty and level
of threat the individual poses, and specific instructions
about the consequences that apply to the individual if
located. To the greatest extent consistent with the
protection of classified information and applicable law, the
report shall be in unclassified form and available to the
public, with a classified annex where necessary.
(b) Safeguards Against Erroneous Listings.--The Secretary
of Homeland Security, in consultation with the Director of
the Federal Bureau of Investigation, shall establish a
process for individuals to challenge ``Automatic Selectee''
or ``No Fly'' designations on the consolidated screening
watch list and have their names removed from such lists, if
erroneously present.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Privacy and Civil Liberties
Oversight Board shall submit a report assessing the impact of
the ``No Fly'' and ``Automatic Selectee'' lists on privacy
and civil liberties to the Committee on the Judiciary, the
Committee on Governmental Affairs, and the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on the Judiciary, the Committee on Government
Reform, and the Committee on Transportation and
Infrastructure of the House of Representatives. The report
shall include any recommendations for practices, procedures,
regulations, or legislation to eliminate or minimize adverse
effects of such lists on privacy, discrimination, due process
and other civil liberties, as well as the implications of
applying those lists to other modes of transportation. The
Comptroller General of the United States shall cooperate with
the Privacy and Civil Liberties Board in the preparation of
the report. To the greatest extent consistent with the
protection of classified information and applicable law, the
report shall be in unclassified form and available to the
public, with a classified annex where necessary.
(d) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall become
effective on the date of enactment of this Act.
______

SA 3887. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bil1 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:

At the appropriate place, insert the following:

SEC. __. AMENDMENTS TO FISA.

(a) Treatment of Non-United States Persons who Engage in
International Terrorism Without Affiliation With
International Terrorist Groups.--
(1) In general.--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 new
subparagraph:
``(C) engages in international terrorism or activities in
preparation therefor; or''.
(2) Sunset.--The amendment made by paragraph (1) shall
expire on the date that is 5 years after the date of
enactment of this section.

[[Page S10126]]

(b) Additional Annual Reporting Requirements Under the
Foreign Intelligence Surveillance Act of 1978.--
(1) Additional reporting requirements.--The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) is amended--
(A) by redesignating--
(i) title VI as title VII; and
(ii) section 601 as section 701; and
(B) by inserting after title V the following new title VI:

``TITLE VI--REPORTING REQUIREMENT

``annual report of the attorney general

``Sec. 601. (a) In addition to the reports required by
sections 107, 108, 306, 406, and 502 in April each year, the
Attorney General shall submit to the appropriate committees
of Congress each year a report setting forth with respect to
the one-year period ending on the date of such report--
``(1) the aggregate number of non-United States persons
targeted for orders issued under this Act, including a break-
down of those targeted for--
``(A) electronic surveillance under section 105;
``(B) physical searches under section 304;
``(C) pen registers under section 402; and
``(D) access to records under section 501;
``(2) the number of individuals covered by an order issued
under this Act who were determined pursuant to activities
authorized by this Act to have acted wholly alone in the
activities covered by such order;
``(3) the number of times that the Attorney General has
authorized that information obtained under this Act may be
used in a criminal proceeding or any information derived
therefrom may be used in a criminal proceeding; and
``(4) in a manner consistent with the protection of the
national security of the United States--
``(A) the portions of the documents and applications filed
with the courts established under section 103 that include
significant construction or interpretation of the provisions
of this Act, not including the facts of any particular
matter, which may be redacted;
``(B) the portions of the opinions and orders of the courts
established under section 103 that include significant
construction or interpretation of the provisions of this Act,
not including the facts of any particular matter, which may
be redacted.
``(b) The first report under this section shall be
submitted not later than six months after the date of the
enactment of this Act. Subsequent reports under this section
shall be submitted annually thereafter.
``(c) In this section, the term `appropriate committees of
Congress' means--
``(1) the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate; and
``(2) the Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of
Representatives.''.
(2) Clerical amendment.--The table of contents for that Act
is amended by striking the items relating to title VI and
inserting the following new items:

``TITLE VI--REPORTING REQUIREMENT

``Sec. 601. Annual report of the Attorney General.

``TITLE VII--EFFECTIVE DATE

``Sec. 701. Effective date.''.
______

SA 3888. 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; as follows:

At the appropriate place, insert the following:

SEC. __. U.S. HOMELAND SECURITY SIGNAL CORPS.

(a) Short Title.--This section may be cited as the ``U.S.
Homeland Security Signal Act of 2004''.
(b) Homeland Security Signal Corps.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:

``SEC. 510. HOMELAND SECURITY SIGNAL CORPS.

``(a) Establishment.--There is established, within the
Directorate of Emergency Preparedness and Response, a
Homeland Security Signal Corps (referred to in this section
as the `Signal Corps').
``(b) Personnel.--The Signal Corps shall be comprised of
specially trained police officers, firefighters, emergency
medical technicians, and other emergency personnel.
``(c) Responsibilities.--The Signal Corps shall--
``(1) ensure that first responders can communicate with one
another, mobile command centers, headquarters, and the public
at disaster sites or in the event of a terrorist attack or a
national crisis;
``(2) provide sufficient training and equipment for fire,
police, and medical units to enable those units to deal with
all threats and contingencies in any environment; and
``(3) secure joint-use equipment, such as
telecommunications trucks, that can access surviving
telephone land lines to supplement communications access.
``(d) National Signal Corps Standards.--The Signal Corps
shall establish a set of standard operating procedures, to be
followed by signal corps throughout the United States, that
will ensure that first responders from each Federal, State,
and local agency have the methods and means to communicate
with, or substitute for, first responders from other agencies
in the event of a multi-state terrorist attack or a national
crisis.
``(e) Demonstration Signal Corps.--
``(1) In general.--The Secretary shall establish
demonstration signal corps in New York City, and in the
District of Columbia, consisting of specially trained law
enforcement and other personnel. The New York City Signal
Demonstration Corps shall consist of personnel from the New
York Police Department, the Fire Department of New York, the
Port Authority of New York and New Jersey, and other
appropriate Federal, State, regional, or local personnel. The
District of Columbia Signal Corps shall consist of specially
trained personnel from all appropriate Federal, State,
regional, and local law enforcement personnel in Washington,
D.C., including from the Metropolitan Police Department.
``(2) Responsibilities.--The demonstration signal corps
established under this subsection shall--
``(A) ensure that `best of breed' military communications
technology is identified and secured for first responders;
``(B) ensure communications connectivity between the New
York Police Department, the Fire Department of New York, and
other appropriate Federal, State, regional, and local law
enforcement personnel in the metropolitan New York City area;
``(C) identify the means of communication that work best in
New York's tunnels, skyscrapers, and subways to maintain
communications redundancy;
``(D) ensure communications connectivity between the
Capitol Police, the Metropolitan Police Department, and other
appropriate Federal, State, regional, and local law
enforcement personnel in the metropolitan Washington, D.C.
area;
``(E) identify the means of communication that work best in
Washington, D.C.'s office buildings, tunnels, and subway
system to maintain communications redundancy; and
``(F) serve as models for other major metropolitan areas
across the Nation.
``(3) Team captains.--The mayor of New York City and the
District of Columbia shall appoint team captains to command
communications companies drawn from the personnel described
in paragraph (1).
``(4) Technical assistance.--The Signal Corps Headquarters,
located in Fort Monmouth, New Jersey, shall provide technical
assistance to the New York City Demonstration Signal Corps.
``(f) Reporting Requirement.--Not later than 1 year after
the date of enactment of this section, and annually
thereafter, the Secretary shall submit a report, to the
Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the Judiciary
and the Permanent Select Committee on Intelligence of the
House of Representatives, which outlines the progress of the
Signal Corps in the preceding year and describes any
problems, issues, or other impediments to effective
communication between first responders in the event of a
terrorist attack or a national crisis.
``(g) Authorization of Appropriations.--
``(1) Demonstration signal corps.--There are authorized to
be appropriated $50,000,000 for fiscal year 2005 to carry out
subsection (e).
``(2) Fiscal years 2006 through 2009.--There are authorized
to be appropriated $100,000,000 for each of the fiscal years
2006 through 2008--
``(A) to create signal corps in high terrorism threat areas
throughout the United States; and
``(B) to carry out the mission of the Signal Corps to
assist Federal, State, and local law enforcement agencies to
effectively communicate with each other during a terrorism
event or a national crisis.''.
(2) Technical amendment.--Section 1(b) of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 509 the
following:

``Sec. 510. Homeland Security Signal Corps.''.
______

SA 3889. 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; as follows:

At the appropriate place, insert the following new section:

SEC. __. COMMISSION ON THE UNITED STATES-SAUDI ARABIA
RELATIONSHIP.

(a) Findings.--Congress makes the following findings:
(1) Despite improvements in counterterrorism cooperation
between the Governments of the United States and Saudi Arabia
following the terrorist attacks in Riyadh, Saudi Arabia on
May 12, 2003, the relationship between the United States and
Saudi Arabia continues to be problematic in regard to
combating Islamic extremism.
(2) The Government of Saudi Arabia has not always responded
promptly and fully to

[[Page S10127]]

United States requests for assistance in the global war on
Islamist terrorism. Examples of this lack of cooperation have
included an unwillingness to provide the United States
Government with access to individuals wanted for questioning
in relation to terrorist acts and to assist in investigations
of terrorist activities.
(3) The state religion of Saudi Arabia, a militant and
exclusionary form of Islam known as Wahhabism, preaches
violence against nonbelievers or infidels and serves as the
religious basis for Osama Bin Laden and al Qaeda. Through
support for madrassas, mosques, cultural centers, and other
entities Saudi Arabia has actively supported the spread of
this religious sect.
(4) The Secretary of State designated Saudi Arabia a
country of particular concern under section 402(b)(1)(A) of
the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)(A)) because the Government of Saudi Arabia has
engaged in or tolerated systematic, ongoing, and egregious
violations of religious freedom.
(5) The Department of State's International Religious
Freedom Report for 2004 concluded that religious freedom does
not exist in Saudi Arabia.
(6) The Ambassador-at-large for International Religious
Freedom expressed concern about Saudi Arabia's export of
religious extremism and intolerance to other countries where
religious freedom for Muslims is respected.
(7) Historically, the Government of Saudi Arabia has
allowed financiers of terrorism to operate within its
borders.
(8) The Government of Saudi Arabia stated in February 2004
that it would establish a national commission to combat
terrorist financing within Saudi Arabia, however, it has not
fulfilled that promise.
(9) There have been no reports of the Government of Saudi
Arabia pursuing the arrest, trial, or punishment of
individuals who have provided financial support for terrorist
activities. The laws of Saudi Arabia to combat terrorist
financing have not been fully implemented.
(b) Commission on the United States-Saudi Arabia
Relationship.--
(1) Establishment.--There is established, within the
legislative branch, the National Commission on the United
States-Saudi Arabia Relationship (in this section referred to
as the ``Commission'').
(2) Purposes.--The purposes of the Commission are to
investigate, evaluate, and report on--
(A) the current status and activities of diplomatic
relations between the Government of the United States and the
Government of Saudi Arabia;
(B) the degree of cooperation exhibited by the Government
of Saudi Arabia toward the Government of the United States in
relation to intelligence, security cooperation, and the fight
against Islamist terrorism;
(C) the status of the support provided by the Government of
Saudi Arabia to promote the dissemination of Wahabbism; and
(D) the efforts of the Government of Saudi Arabia to enact
domestic measures to curtail terrorist financing.
(3) Authority.--The Commission is authorized to carry out
purposes described in paragraph (2).
(c) Composition of Commission.--The Commission shall be
composed of 10 members, as follows:
(1) Two members appointed by the President, one of whom the
President shall designate as the chairman of the Commission.
(2) Two members appointed by the Speaker of the House of
Representatives.
(3) Two members appointed by the minority leader of the
House of Representatives.
(4) Two members appointed by the majority leader of the
Senate.
(5) Two members appointed by the minority leader of the
Senate.
(d) Report.--Not later that 270 days after the date of the
enactment of this Act, the Commission shall submit to the
President and Congress a report on the relationship between
the United States and Saudi Arabia. The report shall include
the recommendations of the Commission to--
(1) increase the transparency of diplomatic relations
between the Government of the United States and the
Government of Saudi Arabia;
(2) improve cooperation between Government of the United
States and the Government of Saudi Arabia in efforts to share
intelligence information related to the war on terror;
(3) curtail the support and dissemination of Wahabbism by
the Government of Saudi Arabia;
(4) enhance the efforts of the Government of Saudi Arabia
to combat terrorist financing;
(5) create a foreign policy strategy for the United States
to improve cooperation with the Government of Saudi Arabia in
the war on terror, including any recommendations regarding
the use of sanctions or other diplomatic measures;
(6) curtail the support or toleration of violations of
religious freedom by the Government of Saudi Arabia; and
(7) encourage the Government of Saudi Arabia to improve the
human rights conditions in Saudi Arabia that have been
identified as poor by the Department of State.
(e) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall take effect
on the date of the enactment of this Act.
______

SA 3890. 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; as follows:

At the end, add the following new title:

TITLE IV--SECURITY OF TRUCKS TRANSPORTING HAZARDOUS MATERIALS

SEC. 401. IMPROVEMENTS TO SECURITY OF HAZARDOUS MATERIALS
TRANSPORTED BY TRUCK.

(a) Plan for Improving Security of Hazardous Materials.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall develop a plan for improving the security of hazardous
materials transported by truck.
(2) Content.--The plan under paragraph (1) shall include--
(A) a plan for tracking such hazardous materials;
(B) a strategy for preventing hijackings of trucks carrying
such materials; and
(C) a proposed mechanism for recovering lost or stolen
trucks carrying such materials.
(b) Increased Inspection of Trucks.--
(1) In general.--The Secretary of Homeland Security shall
require that the number of trucks entering the United States
that are manually searched and screened in fiscal year 2005
is at least twice the number of trucks manually searched and
screened in fiscal year 2004.
(2) Wait times at inspections.--In carrying out this
section, the Secretary shall ensure that the average wait
time for trucks entering the United States does not increase.
(c) Background Checks.--Beginning not later than 3 years
after the date of the enactment of this Act, the Secretary of
Homeland Security shall require background checks of all
truck drivers with certifications to transport hazardous
materials.
(d) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall take effect
on the date of enactment of this Act.
______

SA 3891. 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; as follows:

At the end, add the following new title:

TITLE IV--RAIL SECURITY

SEC. 401. IMPROVEMENTS TO RAIL SECURITY.

(a) Protection of Passenger Areas in Rail Stations.--The
Secretary of Homeland Security shall require that, not later
than 2 years after the date of the enactment of this Act,
each of the 30 rail stations in the United States with the
highest daily rate of passenger traffic be equipped with a
sufficient number of wall-mounted and ceiling-mounted
radiological, biological, chemical, and explosive detectors
to provide coverage of the entire passenger area of such
station.
(b) Use of Threat Detectors Required on Certain Trains.--
The Secretary of Homeland Security shall require that, not
later than 3 years after the date of the enactment of this
Act, each train traveling through any of the 10 rail stations
in the United States with the highest daily rate of passenger
traffic be equipped with a radiological, biological,
chemical, and explosive detector.
(c) Report on Safety of Passenger Rail Tunnels.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
shall--
(A) review the safety and security of all passenger rail
tunnels, including in particular the access and egress points
of such tunnels; and
(B) submit to Congress a report on needs for improving the
safety and security of passenger rail tunnels.
(2) Content.--The report under paragraph (1) shall include
recommendations regarding the funding necessary to eliminate
security deficiencies at, and upgrade the safety of,
passenger rail tunnels.
(d) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall take effect
on the date of enactment of this Act.
______

SA 3892. 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; as follows:

At the end, add the following new title:

TITLE IV--STRENGTHENING BORDER SECURITY

SEC. 401. TECHNOLOGY STANDARDS TO CONFIRM IDENTITY.

Section 403(c)(1) of the USA PATRIOT ACT (8 U.S.C. 1379(1))
is amended to read as follows:
``(1) In general.--The Attorney General, the Secretary of
State, and the Secretary of Homeland Security jointly,
through the National Institute of Standards and Technology
(NIST), and in consultation with the Secretary of the
Treasury and other Federal law enforcement and intelligence
agencies that the Attorney General, Secretary of State, and
the Secretary of Homeland Security

[[Page S10128]]

deem appropriate and in consultation with Congress, shall
prior to October 26, 2005, develop and certify a technology
standard, including appropriate biometric identifier
standards for multiple immutable physical characteristics,
such as fingerprints and eye retinas, that can be used to
verify the identity of persons applying for a United States
visa or such persons seeking to enter the United States
pursuant to a visa for the purposes of conducting background
checks, confirming identity, and ensuring that a person has
not received a visa under a different name.''.

SEC. 402. REQUIREMENTS FOR ENTRY AND EXIT DOCUMENTS.

(a) In General.--Paragraph (1) of section 303(b) of the
Enhanced Border Security and Visa Entry Reform Act of 2002 (8
U.S.C. 1732(b)) is amended to read as follows:
``(1) In general.--Not later than October 25, 2005, the
Attorney General, the Secretary of State, and the Secretary
of Homeland Security shall issue to aliens only machine-
readable, tamper-resistant visas and other travel and entry
documents that use biometric identifiers for multiple
immutable characteristics, such as fingerprints and eye
retinas. The Attorney General, the Secretary of State, and
the Secretary of Homeland Security shall jointly establish
biometric and document identification standards for multiple
immutable physical characteristics, such as fingerprints and
eye retinas, to be employed on such visas and other travel
and entry documents.''.
(b) Consultation Requirements.--Such section is further
amended--
(1) in paragraph (2)(A), by striking ``in consultation with
the Secretary of State'' and inserting ``in consultation with
the Secretary of State and the Secretary of Homeland
Security''; and
(2) in paragraph (2)(B) in the matter preceding clause (i),
by striking ``in consultation with the Secretary of State''
and inserting ``in consultation with the Secretary of State
and the Secretary of Homeland Security''.
(c) Use of Readers and Scanners.--Paragraph (2)(B) of such
section, as amended by subsection (b), is further amended--
(1) by redesignating clauses (i), (ii), and (iii) as (ii),
(iii), and (iv), respectively; and
(2) by inserting before clause (ii), as redesignated by
paragraph (1), the following:
``(i) can authenticate biometric identifiers of multiple
immutable physical characteristics, as such fingerprints and
eye retinas;''.
(d) Certification Requirements.--Subsection (c) of such
section is amended to read as follows:
``(1) In general.--Not later than October 26, 2005, the
government of each country that is designated to participate
in the visa waiver program established under section 217 of
the Immigration and Nationality Act (8 U.S.C. 1187) shall
certify, as a condition of designation or a continuation of
that designation, that it has a program to issue to its
nationals machine-readable passports that are tamper-
resistant and incorporate biometric and authentication
identifiers of multiple immutable physical characteristics,
such as fingerprints and eye retina scans. This paragraph
shall not be construed to rescind the requirement of
subsections (a)(3) and (c)(2)(B)(i) of section 217 of the
Immigration and Nationality Act.''.
______

SA 3893. 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; as follows:

At the end, add the following new title:

TITLE IV--OTHER MATTERS

SEC. 401. CARGO INSPECTION.

(a) Manual Inspection.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Homeland
Security shall require that the number of containers manually
inspected at ports in the United States is not less than 10
percent of the total number of containers off-loaded at such
ports.
(b) Inspection for Nuclear Materials.--Not later than 2
years after the date of enactment of this Act, the Secretary
of Homeland Security shall require that the number of
containers screened for nuclear or radiological materials is
not less than 100 percent of the total number of containers
off-loaded at ports in the United States.
(c) Inspection for Chemical, Biological, and Explosive
Materials.--Not later than 4 years after the date of
enactment of this Act, the Secretary of Homeland Security
shall require that the 10 ports in the United States that
off-load the highest number of containers have the capability
to screen not less than 10 percent of the total number of
containers off-loaded at each such port for chemical,
biological, and explosive materials.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report on port security
technology. Such report shall include--
(1) a description of the progress made in the research and
development of port security technologies;
(2) a comprehensive schedule detailing the amount of time
necessary to test and install appropriate port security
technologies; and
(3) the total amount of funds necessary to develop,
produce, and install appropriate port security technologies.
(e) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall take effect
on the date of enactment of this Act.
______

SA 3894. 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; as follows:

At the appropriate place, insert the following:

SEC. __. ENHANCING CYBERSECURITY.

(a) Short Title.--This section may be cited as the
``Department of Homeland Security Cybersecurity Enhancement
Act of 2004''.
(b) Assistant Secretary for Cybersecurity.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:

``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.

``(a) In General.--There shall be in the Directorate for
Information Analysis and Infrastructure Protection a National
Cybersecurity Office headed by an Assistant Secretary for
Cybersecurity (in this section referred to as the `Assistant
Secretary'), who shall assist the Secretary in promoting
cybersecurity for the Nation.
``(b) General Authority.--The Assistant Secretary, subject
to the direction and control of the Secretary, shall have
primary authority within the Department for all
cybersecurity-related critical infrastructure protection
programs of the Department, including with respect to policy
formulation and program management.
``(c) Responsibilities.--The responsibilities of the
Assistant Secretary shall include the following:
``(1) To establish and manage--
``(A) a national cybersecurity response system that
includes the ability to--
``(i) analyze the effect of cybersecurity threat
information on national critical infrastructure; and
``(ii) aid in the detection and warning of attacks on, and
in the restoration of, cybersecurity infrastructure in the
aftermath of such attacks;
``(B) a national cybersecurity threat and vulnerability
reduction program that identifies cybersecurity
vulnerabilities that would have a national effect on critical
infrastructure, performs vulnerability assessments on
information technologies, and coordinates the mitigation of
such vulnerabilities;
``(C) a national cybersecurity awareness and training
program that promotes cybersecurity awareness among the
public and the private sectors and promotes cybersecurity
training and education programs;
``(D) a government cybersecurity program to coordinate and
consult with Federal, State, and local governments to enhance
their cybersecurity programs; and
``(E) a national security and international cybersecurity
cooperation program to help foster Federal efforts to enhance
international cybersecurity awareness and cooperation.
``(2) To coordinate with the private sector on the program
under paragraph (1) as appropriate, and to promote
cybersecurity information sharing, vulnerability assessment,
and threat warning regarding critical infrastructure.
``(3) To coordinate with other directorates and offices
within the Department on the cybersecurity aspects of their
missions.
``(4) To coordinate with the Under Secretary for Emergency
Preparedness and Response to ensure that the National
Response Plan developed pursuant to section 502(6) of the
Homeland Security Act of 2002 (6 U.S.C. 312(6)) includes
appropriate measures for the recovery of the cybersecurity
elements of critical infrastructure.
``(5) To develop processes for information sharing with the
private sector, consistent with section 214, that--
``(A) promote voluntary cybersecurity best practices,
standards, and benchmarks that are responsive to rapid
technology changes and to the security needs of critical
infrastructure; and
``(B) consider roles of Federal, State, local, and foreign
governments and the private sector, including the insurance
industry and auditors.
``(6) To coordinate with the Chief Information Officer of
the Department in establishing a secure information sharing
architecture and information sharing processes, including
with respect to the Department's operation centers.
``(7) To consult with the Electronic Crimes Task Force of
the United States Secret Service on private sector outreach
and information activities.
``(8) To consult with the Office for Domestic Preparedness
to ensure that realistic cybersecurity scenarios are
incorporated into tabletop and recovery exercises.
``(9) To consult and coordinate, as appropriate, with other
Federal agencies on cybersecurity-related programs, policies,
and operations.
``(10) To consult and coordinate within the Department and,
where appropriate, with other relevant Federal agencies, on
security of digital control systems, such as Supervisory
Control and Data Acquisition (SCADA) systems.

[[Page S10129]]

``(d) Authority Over the National Communications System.--
The Assistant Secretary shall have primary authority within
the Department over the National Communications System.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to subtitle A of title II the following:

``203. Assistant Secretary for Cybersecurity.''.
(c) Cybersecurity Defined.--Section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by adding at
the end the following:
``(17)(A) The term `cybersecurity' means the prevention of
damage to, the protection of, and the restoration of
computers, electronic communications systems, electronic
communication services, wire communication, and electronic
communication, including information contained therein, to
ensure its availability, integrity, authentication,
confidentiality, and nonrepudiation.
``(B) In this paragraph--
``(i) each of the terms `damage' and `computer' has the
meaning that term has in section 1030 of title 18, United
States Code; and
``(ii) each of the terms `electronic communications
system', `electronic communication service', `wire
communication', and `electronic communication' has the
meaning that term has in section 2510 of title 18, United
States Code.''.
______

SA 3895. Mr. FRIST 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 10, insert ``, the National
Counterproliferation Center,'' after ``Center''.
On page 14, beginning on line 14, strike ``and establish''
and all that follows through line 16 and insert ``manage and
oversee the National Counterproliferation Center under
section 144, and establish, manage, and oversee national
intelligence centers under section 145;''.
On page 15, beginning on line 12, strike ``to national
intelligence centers under section 144,'' and insert ``to the
National Counterproliferation Center under section 144, to
national intelligence centers under section 145,''.
On page 94, strike line 5 and insert the following:

SEC. 144. NATIONAL COUNTERPROLIFERATION CENTER.

(a) National Counterproliferation Center.--(1) There is
within the National Intelligence Authority a National
Counterproliferation Center.
(2) The purpose of the Center is to develop, direct, and
coordinate the efforts and activities of the United States
Government to deter, prevent, halt, and rollback the pursuit,
acquisition, development, and trafficking of weapons of mass
destruction, related materials and technologies, and their
delivery systems to terrorists, terrorist organizations,
other non-state actors of concern, and state actors of
concern.
(b) Director of National Counterproliferation Center.--(1)
There is a Director of the National Counterproliferation
Center, who shall be the head of the National
Counterproliferation Center, and who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Any individual nominated for appointment as the
Director of the National Counterproliferation Center shall
have significant expertise in matters relating to the
national security of the United States and matters relating
to the proliferation of weapons of mass destruction, their
delivery systems, and related materials and technologies that
threaten the national security of the United States, its
interests, and allies.
(3) The individual serving as the Director of the National
Counterproliferation Center may not, while so serving, serve
in any capacity in any other element of the intelligence
community, except to the extent that the individual serving
as Director of the National Counterproliferation Center is
doing so in an acting capacity.
(c) Supervision.--(1) The Director of the National
Counterproliferation Center shall report to the National
Intelligence Director on the budget, personnel, activities,
and programs of the National Counterproliferation Center.
(2) The Director of the National Counterproliferation
Center shall report to the National Intelligence Director on
the activities of the Directorate of Intelligence of the
National Counterproliferation Center under subsection (g).
(3) The Director of the National Counterproliferation
Center shall report to the President and the National
Intelligence Director on the planning and progress of
counterproliferation programs, operations, and activities.
(d) Primary Missions.--The primary missions of the National
Counterproliferation Center shall be as follows:
(1) To develop and unify strategy for the
counterproliferation efforts (including law enforcement,
economic, diplomatic, intelligence, and military efforts) of
the United States Government.
(2) To make recommendations to the National Intelligence
Director with regard to the collection and analysis
requirements and priorities of the National
Counterproliferation Center.
(3) To integrate counterproliferation intelligence
activities of the United States Government, both inside and
outside the United States, and with other governments.
(4) To develop multilateral and United States Government
counterproliferation plans, which plans shall--
(A) involve more than one department, agency, or element of
the executive branch (unless otherwise directed by the
President) of the United States Government; and
(B) include the mission, objectives to be achieved, courses
of action, parameters for such courses of action,
coordination of agency operational activities,
recommendations for operational plans, and assignment of
national, departmental, or agency responsibilities.
(5) To ensure that the collection, analysis, and
utilization of counterproliferation intelligence, and the
conduct of counterproliferation operations, by the United
States Government are informed by the analysis of all-source
intelligence.
(e) Duties and Responsibilities of Director of National
Counterproliferation Center.--Notwithstanding any other
provision of law, at the direction of the President, the
National Security Council, and the National Intelligence
Director, the Director of the National Counterproliferation
Center shall--
(1) serve as the principal adviser to the President and the
National Intelligence Director on intelligence and operations
relating to counterproliferation;
(2) provide unified strategic direction for the
counterproliferation efforts of the United States Government
and for the effective integration and deconfliction of
counterproliferation intelligence collection, analysis, and
operations across agency boundaries, both inside and outside
the United States, and with foreign governments;
(3) advise the President and the National Intelligence
Director on the extent to which the counterproliferation
program recommendations and budget proposals of the
departments, agencies, and elements of the United States
Government conform to the policies and priorities established
by the President and the National Security Council;
(4) in accordance with subsection (f), concur in, or advise
the President on, the selections of personnel to head the
nonmilitary operating entities of the United States
Government with principal missions relating to
counterproliferation;
(5) serve as the principal representative of the United
States Government to multilateral and bilateral
organizations, forums, events, and activities related to
counterproliferation;
(6) advise the President and the National Intelligence
Director on the science and technology research and
development requirements and priorities of the
counterproliferation programs and activities of the United
States Government; and
(7) perform such other duties as the National Intelligence
Director may prescribe or are prescribed by law;
(f) Role of Director of National Counterproliferation
Center in Certain Appointments.--(1) In the event of a
vacancy in the most senior position of such nonmilitary
operating entities of the United States Government having
principal missions relating to counterproliferation as the
President may designate, the head of the department or agency
having jurisdiction over the position shall obtain the
concurrence of the Director of the National
Counterproliferation Center before appointing an individual
to fill the vacancy or recommending to the President an
individual for nomination to fill the vacancy. If the
Director does not concur in the recommendation, the head of
the department or agency concerned may fill the vacancy or
make the recommendation to the President (as the case may be)
without the concurrence of the Director, but shall notify the
President that the Director does not concur in the
appointment or recommendation (as the case may be).
(2) The President shall notify Congress of the designation
of an operating entity of the United States Government under
paragraph (1) not later than 30 days after the date of such
designation.
(g) Directorate of Intelligence.--(1) The Director of the
National Counterproliferation Center shall establish and
maintain within the National Counterproliferation Center a
Directorate of Intelligence.
(2) The Directorate shall have primary responsibility
within the United States Government for the collection and
analysis of information regarding proliferators (including
individuals, entities, organizations, companies, and states)
and their networks, from all sources of intelligence, whether
collected inside or outside the United States, or by foreign
governments.
(3) The Directorate shall--
(A) be the principal repository within the United States
Government for all-source information on suspected
proliferators, their networks, their activities, and their
capabilities;
(B) propose intelligence collection and analysis
requirements and priorities for action by elements of the
intelligence community inside and outside the United States,
and by friendly foreign governments;
(C) have primary responsibility within the United States
Government for net assessments and warnings about weapons of
mass destruction proliferation threats, which assessments and
warnings shall be based on a comparison of the intentions and
capabilities of proliferators with assessed national
vulnerabilities and countermeasures;

[[Page S10130]]

(D) conduct through a separate, independent office
independent analyses (commonly referred to as ``red
teaming'') of intelligence collected and analyzed with
respect to proliferation; and
(E) perform such other duties and functions as the Director
of the National Counterproliferation Center may prescribe.
(h) Directorate of Planning.--(1) The Director of the
National Counterproliferation Center shall establish and
maintain within the National Counterproliferation Center a
Directorate of Planning.
(2) The Directorate shall have primary responsibility for
developing counterproliferation plans, as described in
subsection (d)(3).
(3) The Directorate shall--
(A) provide guidance, and develop strategy and interagency
plans, to counter proliferation activities based on policy
objectives and priorities established by the National
Security Council;
(B) develop plans under subparagraph (A) utilizing input
from personnel in other departments, agencies, and elements
of the United States Government who have expertise in the
priorities, functions, assets, programs, capabilities, and
operations of such departments, agencies, and elements with
respect to counterproliferation;
(C) assign responsibilities for counterproliferation
operations to the departments and agencies of the United
States Government (including the Department of Defense, the
Department of State, the Central Intelligence Agency, the
Federal Bureau of Investigation, the Department of Homeland
Security, and other departments and agencies of the United
States Government), consistent with the authorities of such
departments and agencies;
(D) monitor the implementation of operations assigned under
subparagraph (C) and update interagency plans for such
operations as necessary;
(E) report to the President and the National Intelligence
Director on the performance of the departments, agencies, and
elements of the United States with the plans developed under
subparagraph (A); and
(F) perform such other duties and functions as the Director
of the National Counterproliferation Center may prescribe.
(4) The Directorate may not direct the execution of
operations assigned under paragraph (3).
(i) Staff.--(1) The National Intelligence Director may
appoint deputy directors of the National Counterproliferation
Center to oversee such portions of the operations of the
Center as the National Intelligence Director considers
appropriate.
(2) To assist the Director of the National
Counterproliferation Center in fulfilling the duties and
responsibilities of the Director of the National
Counterproliferation Center under this section, the National
Intelligence Director shall employ in the National
Counterproliferation Center a professional staff having an
expertise in matters relating to such duties and
responsibilities.
(3) In providing for a professional staff for the National
Counterproliferation Center under paragraph (2), the National
Intelligence Director may establish as positions in the
excepted service such positions in the Center as the National
Intelligence Director considers appropriate.
(4) The National Intelligence Director shall ensure that
the analytical staff of the National Counterproliferation
Center is comprised primarily of experts from elements in the
intelligence community and from such other personnel in the
United States Government as the National Intelligence
Director considers appropriate.
(5)(A) In order to meet the requirements in paragraph (4),
the National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to
the National Counterproliferation Center from any other non-
Department of Defense element of the intelligence community
that the National Intelligence Director considers
appropriate; and
(ii) in the case of personnel from a department, agency, or
element of the United States Government and not funded within
the National Intelligence Program, request the transfer,
assignment, or detail of such personnel from the department,
agency, or other element concerned.
(B)(i) The head of an element of the intelligence community
shall promptly effect any transfer, assignment, or detail of
personnel specified by the National Intelligence Director
under subparagraph (A)(i).
(ii) The head of a department, agency, or element of the
United States Government receiving a request for transfer,
assignment, or detail of personnel under subparagraph (A)(ii)
shall, to the extent practicable, approve the request.
(6) Personnel employed in or assigned or detailed to the
National Counterproliferation Center under this subsection
shall be under the authority, direction, and control of the
Director of the National Counterproliferation Center on all
matters for which the Center has been assigned responsibility
and for all matters related to the accomplishment of the
missions of the Center.
(7) Performance evaluations of personnel assigned or
detailed to the National Counterproliferation Center under
this subsection shall be undertaken by the supervisors of
such personnel at the Center.
(8) The supervisors of the staff of the National
Counterproliferation Center may, with the approval of the
National Intelligence Director, reward the staff of the
Center for meritorious performance by the provision of such
performance awards as the National Intelligence Director
shall prescribe.
(9) The National Intelligence Director may delegate to the
Director of the National Counterproliferation Center any
responsibility, power, or authority of the National
Intelligence Director under paragraphs (1) through (8).
(10) The National Intelligence Director shall ensure that
the staff of the National Counterproliferation Center has
access to all databases and information maintained by the
elements of the intelligence community that are relevant to
the duties of the Center.
(j) Support and Cooperation of Other Agencies.--(1) The
elements of the intelligence community and the other
departments, agencies, and elements of the United States
Government shall support, assist, and cooperate with the
National Counterproliferation Center in carrying out its
missions under this section.
(2) The support, assistance, and cooperation of a
department, agency, or element of the United States
Government under this subsection shall include, but not be
limited to--
(A) the implementation of interagency plans for operations,
whether foreign or domestic, that are developed by the
National Counterproliferation Center in a manner consistent
with the laws and regulations of the United States and
consistent with the limitation in subsection (h)(4);
(B) cooperative work with the Director of the National
Counterproliferation Center to ensure that ongoing operations
of such department, agency, or element do not conflict with
operations planned by the Center;
(C) reports, upon request, to the Director of the National
Counterproliferation Center on the performance of such
department, agency, or element in implementing
responsibilities assigned to such department, agency, or
element through joint operations plans; and
(D) the provision to the analysts of the National
Counterproliferation Center electronic access in real time to
information and intelligence collected by such department,
agency, or element that is relevant to the missions of the
Center.
(3) In the event of a disagreement between the National
Intelligence Director and the head of a department, agency,
or element of the United States Government on a plan
developed or responsibility assigned by the National
Counterproliferation Center under this subsection, the
National Intelligence Director may either accede to the head
of the department, agency, or element concerned or notify the
President of the necessity of resolving the disagreement.
(k) Definitions.--In this section:
(1) The term ``counterproliferation'' means--
(A) activities, programs and measures for interdicting
(including deterring, preventing, halting, and rolling back)
the transfer or transport (whether by air, land or sea) of
weapons of mass destruction, their delivery systems, and
related materials and technologies to and from states and
non-state actors (especially terrorists and terrorist
organizations) of proliferation concern;
(B) enhanced law enforcement activities and cooperation to
deter, prevent, halt, and rollback proliferation-related
networks, activities, organizations, and individuals, and
bring those involved to justice; and
(C) activities, programs, and measures for identifying,
collecting, and analyzing information and intelligence
related to the transfer or transport of weapons, systems,
materials, and technologies as described in subparagraph (A).
(2) The term ``states and non-state actors of proliferation
concern'' refers to countries or entities (including
individuals, entities, organizations, companies, and
networks) that should be subject to counterproliferation
activities because of their actions or intent to engage in
proliferation through--
(A) efforts to develop or acquire chemical, biological, or
nuclear weapons and associated delivery systems; or
(B) transfers (either selling, receiving, or facilitating)
of weapons of mass destruction, their delivery systems, or
related materials.

SEC. 145. NATIONAL INTELLIGENCE CENTERS.

On page 207, strike line 16 and insert the following:
Center.
``Director of the National Counterproliferation Center.''.
______

SA 3896. Mr. FRIST 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 8, strike lines 3 and 4 and insert the following:
(A) the Select Committee on Intelligence of the Senate;
(B) the Permanent Select Committee on Intelligence of the
House of Representatives;
(C) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives; and
(D) the Majority Leader and the Minority Leader of the
Senate.
On page 172, beginning on line 24, strike ``the Select
Committee on Intelligence of the Senate, the Permanent Select
Committee on Intelligence of the House of Representatives,''
and insert ``the committees and Members of Congress specified
in subsection (c),''.

[[Page S10131]]

On page 173, beginning on line 17, strike ``the Select
Committee on Intelligence of the Senate, the Permanent Select
Committee on Intelligence of the House of Representatives,''
and insert ``the committees and Members of Congress specified
in subsection (c),''.
On page 174, beginning on line 7, strike
``Representatives'' and all that follows through line 13 and
insert ``Representatives, the Speaker of the House of
Representatives and the Majority Leader and the Minority
Leader of the House of Representatives, and the Majority
Leader and the Minority Leader of the Senate. Upon making a
report covered by this paragraph--
``(A) the Chairman, Vice Chairman, or Ranking Member, as
the case may be, of such a committee shall notify the other
of the Chairman, Vice Chairman, or Ranking Member, as the
case may be, of such committee of such request;
``(B) the Speaker of the House of Representatives and the
Majority Leader of the House of Representatives or the
Minority Leader of the House of Representatives shall notify
the other or others, as the case may be, of such request; and
``(C) the Majority Leader and Minority Leader of the Senate
shall notify the other of such request.
On page 174, between lines 22 and 23, insert the following:
(c) Committees and Members of Congress.--The committees and
Members of Congress specified in this subsection are--
(1) the Select Committee on Intelligence of the Senate;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives;
(3) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives; and
(4) the Majority Leader and the Minority Leader of the
Senate.
On page 176, between lines 3 and 4, insert the following:
(iii) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives;
(iv) the Majority Leader and the Minority Leader of the
Senate;
On page 176, line 4, strike ``(ii)'' and insert ``(v)''.
On page 176, line 7, strike ``(iii)'' and insert ``(vi)''.
On page 200, between lines 4 and 5, insert the following:

SEC. 307. MODIFICATION OF DEFINITION OF CONGRESSIONAL
INTELLIGENCE COMMITTEES UNDER NATIONAL SECURITY
ACT OF 1947.

(a) In General.--Paragraph (7) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended to read as
follows:
``(7) The term `congressional intelligence committees'
means--
``(A) the Select Committee on Intelligence of the Senate;
``(B) the Permanent Select Committee on Intelligence of the
House of Representatives;
``(C) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives; and
``(D) the Majority Leader and the Minority Leader of the
Senate.''.
(b) Funding of Intelligence Activities.--Paragraph (2) of
section 504(e) of that Act (50 U.S.C. 414(e)) is amended to
read as follows:
``(2) the term `appropriate congressional committees'
means--
``(A) the Select Committee on Intelligence and the
Committee on Appropriations of the Senate;
``(B) the Permanent Select Committee on Intelligence and
the Committee on Appropriations of the House of
Representatives;
``(C) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives; and
``(D) the Majority Leader and the Minority Leader of the
Senate;''.
On page 200, line 5, strike ``307.'' and insert ``308.''.
On page 200, line 12, strike ``308.'' and insert ``309.''.
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 3897. Mr. FRIST 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 18, strike ``and'' at the end.
On page 79, line 2, strike the period and insert ``; and''.
On page 79, between lines 2 and 3, insert the following:
(4) monitor the effectiveness of measures taken to prevent
and prohibit the involvement by intelligence community
personnel in policy matters, including the development or
advancement of policy proposals, options, initiatives, or
recommendations, or the offering of views or commentary
thereon.
______

SA 3898. Mr. FRIST 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 171, after line 21, add the following:

SEC. 223. INDEPENDENCE OF POLICY FROM INTELLIGENCE.

(a) Prohibitions on Participation of Intelligence Community
Personnel in Policy Matters.--To further prevent the
politicization of intelligence, covered officers and
employees of the intelligence community shall not--
(1) participate in policy matters, including the
development of policy, debating of policy issues, offering
and advancement of policy views and proposals, and voting in
interagency forums on policy issues; or
(2) serve in a policy position in any branch of the United
States Government, or in any position in which the person
assigned to such position may be asked or required to
participate in activities prohibited under paragraph (1).
(b) Implementation of Prohibitions.--The National
Intelligence Director, the National Intelligence Council, the
Inspector General of the National Intelligence Authority, the
Director of the National Counterterrorism Center, and the
Directors of the national intelligence centers shall each
take appropriate actions to ensure the strict adherence of
covered officers and employees of the intelligence community
to the prohibitions set forth in subsection (a).
(c) Annual Reports.--The National Intelligence Director
shall submit to the congressional intelligence committees
each year a report that sets forth--
(1) a description of the actions taken during the preceding
year to ensure the strict adherence of covered officers and
employees of the intelligence community to the prohibitions
set forth in subsection (a); and
(2) an assessment of the effectiveness of such actions in
ensuring the strict adherence of covered officers and
employees of the intelligence community to such prohibitions.
(d) Covered Officers and Employees of the Intelligence
Community Defined.--In this section, the term ``covered
officers and employees of the intelligence community'' means
any officer or employee of an element of the intelligence
community, other than an officer serving in a position to
which appointed by the President, by and with the advice and
consent of the Senate.
On page 172, line 1, strike ``223.'' and insert ``224.''.
On page 172, line 18, strike ``224.'' and insert ``225.''.
On page 174, line 23, strike ``225.'' and insert ``226.''.
______

SA 3899. Mr. FRIST 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. JOINT PROCEDURES FOR OPERATIONAL COORDINATION
BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL
INTELLIGENCE AGENCY.

(a) Development of Procedures.--The National Intelligence
Director, in consultation with the Secretary of Defense and
the Director of the Central Intelligence Agency, shall
develop joint procedures to be used by the Department of
Defense and the Central Intelligence Agency to improve the
coordination and deconfliction of operations that involve
elements of both the Armed Forces and the Central
Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those
procedures shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central
Intelligence Agency and the Secretary of Defense can improve
communication and coordination in the planning, execution,
and sustainment of operations, including, as a minimum--
(A) information exchange between senior officials of the
Central Intelligence Agency and senior officers and officials
of the Department of Defense when planning for such an
operation commences by either organization; and
(B) exchange of information between the Secretary and the
Director to ensure that senior operational officials in both
the Department of Defense and the Central Intelligence Agency
have knowledge of the existence of the ongoing operations of
the other.
(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conducting
separate missions in the same geographical area, mutual
agreement on the tactical and strategic objectives for the
region and a clear delineation of operational
responsibilities to prevent conflict and duplication of
effort.
(b) Implementation Report.--Not later than 180 days after
the date of the enactment of the Act, the National
Intelligence Director shall submit to the congressional
defense committees (as defined in section 101 of title

[[Page S10132]]

10, United States Code) and the congressional intelligence
committees a report describing the procedures established
pursuant to subsection (a) and the status of the
implementation of those procedures.

SEC. 208. SUPPORT OF MILITARY OPERATIONS TO COMBAT TERRORISM.

(a) Authority.--The Secretary of Defense may expend up to
$25,000,000 during any fiscal year to provide support to
foreign forces, irregular forces, groups, or individuals
engaged in supporting or facilitating ongoing military
operations by United States special operations forces to
combat terrorism.
(b) Intelligence Activities.--This section does not
constitute authority to conduct a covert action, as such term
is defined in section 503(e) of the National Security Act of
1947 (50 U.S.C. 413b(e)).
(c) Annual Report.--Not later than 30 days after the end of
each fiscal year, the Secretary shall submit to the
congressional defense committees a report on support provided
under this section during such fiscal year. Each such report
shall describe the support provided, including a statement of
the recipient of the support and the amount obligated to
provide the support.
(d) Fiscal Year 2005 Limitation.--Support may be provided
under subsection (a) during fiscal year 2005 only from funds
made available for the Department of Defense for operations
and maintenance for that fiscal year.
(e) Notice to Congress.--The Secretary shall notify the
congressional defense committees of each exercise of the
authority in subsection (a) not later than 30 days after the
exercise of such authority.
(f) Notice to Central Intelligence Agency.--Before each
exercise of the authority in subsection, or as soon
thereafter as is practicable, the Secretary shall notify the
Director of the Central Intelligence Agency of such exercise
of such authority.
______

SA 3900. Mr. FRIST 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 213, after line 12, add the following:

TITLE IV--COUNTERTERRORISM CAPABILITIES OF THE UNITED STATES

SEC. 401. COMMISSION TO ASSESS THE OPERATIONAL
COUNTERTERRORISM CAPABILITIES OF THE UNITED
STATES.

(a) Establishment.--There is hereby established a
commission to be known as the ``Commission to Assess the
Operational Counterterrorism Capabilities of the United
States'' (hereafter in this title referred to as the
``Commission'').
(b) Composition.--The Commission shall be composed of 9
members appointed as follows:
(1) The Speaker of the House of Representatives shall
appoint 2 members of the Commission.
(2) The majority leader of the Senate shall appoint 3
members of the Commission.
(3) The minority leader of the House of Representatives
shall appoint 2 members of the Commission.
(4) The minority leader of the Senate shall appoint 2
members of the Commission.
(c) Qualifications.--Members of the Commission shall be
appointed from among United States citizens with knowledge
and expertise in the military, paramilitary, covert, and
clandestine aspects of counterterrorism operations.
(d) Chairman and Vice Chairman.--The members of the
Commission shall select a Chairman and Vice Chairman of the
Commission from among the members of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) Security Clearances.--All members of the Commission
shall hold appropriate security clearances.
(g) Initial Organization Requirements.--(1) All
appointments to the Commission shall be made not later than
45 days after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not
later than 30 days after the date as of which all members of
the Commission have been appointed.

SEC. 402. DUTIES.

(a) In General.--The Commission shall assess the
organization, structure, authorities, and capabilities of the
operational counterterrorism capabilities of the Department
of Defense and the Central Intelligence Agency, including--
(1) the capability of each of the Department of Defense and
the Central Intelligence Agency to deter, defend against, and
defeat terrorists, terrorist organizations, and terrorist
activities, both independently and in a joint manner; and
(2) the cooperation and coordination between the tactical,
operational, and strategic counterterrorism elements and
components of the Department of Defense and the Central
Intelligence Agency.
(b) Recommendations.--(1) The Commission shall--
(A) identify problems and impediments to the improved
effectiveness of the Department of Defense and the Central
Intelligence Agency in combating terrorism, when working both
independently and jointly; and
(B) make such recommendations, including recommendations
for legislative and administrative action, as the Commission
considers appropriate to address the problems and impediments
identified under subparagraph (A) and to improve the
effectiveness of each of the Department of Defense and the
Central Intelligence Agency in combatting terrorism when
working both independently and jointly.
(2) The recommendations under paragraph (1)(B) shall
include recommendations on modifications in funding,
authorities, organization, training, doctrine, resources to
improve the independent and joint effectiveness of the
operational elements and activities of the Department of
Defense and of the Central Intelligence Agency regarding
counterterrorism.
(c) Reports.--(1) Not later than 12 months after the date
of the enactment of this Act, the Commission shall submit to
Congress an interim report on the findings and conclusions of
the Commission as of the date of such report as a result of
the assessment required by subsection (a).
(2) Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to
Congress a final report containing a detailed statement of
the findings and conclusions of the Commission as a result of
the assessment required by subsection (a), together with the
recommendations of the Commission under subsection (b).
(3) Each report under this subsection shall be submitted in
unclassified form, but may include a classified annex.

SEC. 403. POWERS.

(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this title, hold hearings, sit
and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information.--The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency,
and any other department, agency, or element of the United
States Government information that the Commission considers
necessary to enable the Commission to carry out its
responsibilities under this title.
(c) Cooperation of Government Officials.--For purposes of
carrying out its duties, the Commission shall receive the
full and timely cooperation of the Secretary of Defense, the
Director of the Central Intelligence Agency, the National
Intelligence Director, and any other official of the United
States Government that the Commission considers appropriate.

SEC. 404. PROCEDURES.

(a) Meetings.--The Commission shall meet at the call of the
Chairman.
(b) Quorum.--(1) Five members of the Commission shall
constitute a quorum other than for the purpose of holding
hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) Commission.--The Commission may establish panels
composed of less than full membership of the Commission for
the purpose of carrying out the duties of the Commission. The
actions of each such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(d) Authority of Individuals To Act for Commission.--Any
member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take under this title.

SEC. 405. PERSONNEL MATTERS.

(a) Pay of Members.--Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--(1) The Chairman of the Commission may, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be
necessary to enable the Commission to perform its duties. The
appointment of a staff director shall be subject to the
approval of the Commission.
(2) The Chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable
for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the
Chairman of the Commission, the head of any department,
agency, or element of the United States Government may
detail, on a nonreimbursable

[[Page S10133]]

basis, any personnel of such department, agency, or element
to the Commission to assist it in carrying out its duties.
(e) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.

SEC. 406. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

(a) Postal and Printing Services.--The Commission may use
the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the United States
Government.
(b) Miscellaneous Administrative and Support Services.--The
Director of the Central Intelligence Agency shall furnish the
Commission, on a reimbursable basis, any administrative and
support services requested by the Commission.

SEC. 407. FUNDING.

(a) Availability of Funds.--Funds for the activities of the
Commission shall be derived from amounts authorized to be
appropriated for the Department of Defense for operation and
maintenance for defense-wide activities for fiscal year 2005.
(b) Disbursal.--Upon receipt of a written certification
from the Chairman of the Commission specifying the funds
required for the activities of the Commission, the Secretary
of Defense shall promptly disburse to the Commission, from
amounts referred to in subsection (a), the funds required by
the Commission as stated in such certification.

SEC. 408. TERMINATION.

The Commission shall terminate 60 days after the date of
the submittal to Congress of its final report under section
402(c).
______

SA 3901. Mr. HOLLINGS 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. ------. DEADLINE FOR COMPLETION OF CERTAIN PLANS,
REPORTS, AND ASSESSMENTS.

(a) Strategic Plan Reports.--Within 90 days after the date
of enactment of this Act, the Secretary of Homeland Security
shall transmit to the Congress--
(1) a report on the status of the National Maritime
Transportation Security Plan required by section 70103(a) of
title 46, United States Code, which may be submitted in
classified and redacted format;
(2) a comprehensive program management plan that identifies
specific tasks to be completed and deadlines for completion
for the transportation security card program under section
70105 of title 46, United States Code that incorporates best
practices for communicating, coordinating, and collaborating
with the relevant stakeholders to resolve relevant issues,
such as background checks;
(3) a report on the status of negotiations under section
103 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70111 note);
(4) the report required by section 107(b) of the Maritime
Transportation Security Act of 2002 (33 U.S.C. 1226 note);
and
(5) a report on the status of the development of the system
and program mandated by section 111 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(b) Other Reports.--Within 90 days after the date of
enactment of this Act--
(1) the Secretary of Homeland Security shall transmit to
the Congress--
(A) a report on the establishment of the National Maritime
Security Advisory Committee appointed under section 70112 of
title 46, United States Code; and
(B) a report on the status of the program established under
section 70116 of title 46, United States Code, to evaluate
and certify secure systems of international intermodal
transportation;
(2) the Secretary of Transportation shall transmit to the
Congress the annual report required by section 905 of the
International Maritime and Port Security Act (46 U.S.C. App.
1802) that includes information that should have been
included in the last preceding annual report that was due
under that section; and
(3) the Commandant of the United States Coast Guard shall
transmit to Congress the report required by section 110(b) of
the Maritime Transportation Security Act of 2002 (46 U.S.C.
70101 note).
(d) Effective Date.--Notwithstanding any other provision of
this Act, this section takes effect on the date of enactment
of this Act.
______

SA 3902. Mr. CARPER 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, insert the following new title:

TITLE IV--RAIL SECURITY

SECTION 401. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Rail
Security Act of 2004''.
(b) Table of Contents.--The table of contents for this
title is as follows:

Sec. 401. Short title; table of contents.
Sec. 402. Rail transportation security risk assessment.
Sec. 403. Rail security.
Sec. 404. Study of foreign rail transport security programs.
Sec. 405. Passenger, baggage, and cargo screening.
Sec. 406. Certain personnel limitations not to apply.
Sec. 407. Fire and life-safety improvements.
Sec. 408. Memorandum of agreement.
Sec. 409. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 410. Systemwide Amtrak security upgrades.
Sec. 411. Freight and passenger rail security upgrades.
Sec. 412. Oversight and grant procedures.
Sec. 413. Rail security research and development.
Sec. 414. Welded rail and tank car safety improvements.
Sec. 415. Northern Border rail passenger report.
Sec. 416. Report regarding impact on security of train travel in
communities without grade separation.
Sec. 417. Whistleblower protection program.

SEC. 402. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

(a) In General.--
(1) Vulnerability assessment.--The Under Secretary of
Homeland Security for Border and Transportation Security, in
consultation with the Secretary of Transportation, shall
complete a vulnerability assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) identification and evaluation of critical assets and
infrastructures;
(B) identification of threats to those assets and
infrastructures;
(C) identification of vulnerabilities that are specific to
the transportation of hazardous materials via railroad; and
(D) identification of security weaknesses in passenger and
cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment.
(2) Existing private and public sector efforts.--The
assessment shall take into account actions taken or planned
by both public and private entities to address identified
security issues and assess the effective integration of such
actions.
(3) Recommendations.--Based on the assessment conducted
under paragraph (1), the Under Secretary, in consultation
with the Secretary of Transportation, shall develop
prioritized recommendations for improving rail security,
including any recommendations the Under Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Under Secretary as posing significant
rail-related risks to public safety and the movement of
interstate commerce, taking into account the impact that any
proposed security measure might have on the provision of rail
service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) training employees in terrorism prevention, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(4) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the government to provide increased security
support at high or severe threat levels of alert; and
(B) a plan for coordinating rail security initiatives
undertaken by the public and private sectors.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment required by subsection (a), the Under
Secretary of Homeland Security for Border and Transportation
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials (including those within other
agencies and offices within the Department of Homeland
Security), and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Under Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives

[[Page S10134]]

Committee on Transportation and Infrastructure a report
containing the assessment and prioritized recommendations
required by subsection (a) and an estimate of the cost to
implement such recommendations.
(2) Format.--The Under Secretary may submit the report in
both classified and redacted formats if the Under Secretary
determines that such action is appropriate or necessary.
(d) 2-Year Updates.--The Under Secretary, in consultation
with the Secretary of Transportation, shall update the
assessment and recommendations every 2 years and transmit a
report, which may be submitted in both classified and
redacted formats, to the Committees named in subsection
(c)(1), containing the updated assessment and
recommendations.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security $5,000,000
for fiscal year 2005 for the purpose of carrying out this
section.

SEC. 403. RAIL SECURITY.

(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended by striking ``the rail
carrier'' each place it appears and inserting ``any rail
carrier''.
(b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Under Secretary of
Homeland Security for Border and Transportation Security,
shall review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which
those regulations need to be revised to improve rail
security.

SEC. 404. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

(a) Requirement for Study.--Within one year after the date
of enactment of the Rail Security Act of 2004, the
Comptroller General shall complete a study of the rail
passenger transportation security programs that are carried
out for rail transportation systems in Japan, member nations
of the European Union, and other foreign countries.
(b) Purpose.--The purpose of the study shall be to identify
effective rail transportation security measures that are in
use in foreign rail transportation systems, including
innovative measures and screening procedures determined
effective.
(c) Report.--The Comptroller General shall submit a report
on the results of the study to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure. The report shall include the Comptroller
General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar
security measures that are determined effective under the
study.

SEC. 405. PASSENGER, BAGGAGE, AND CARGO SCREENING.

(a) Requirement for Study and Report.--The Under Secretary
of Homeland Security for Border and Transportation Security,
in cooperation with the Secretary of Transportation, shall--
(1) analyze the cost and feasibility of requiring security
screening for passengers, baggage, and cargo on passenger
trains; and
(2) report the results of the study, together with any
recommendations that the Under Secretary may have for
implementing a rail security screening program 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.
(b) Pilot Program.--As part of the study under subsection
(a), the Under Secretary shall complete a pilot program of
random security screening of passengers and baggage at 5
passenger rail stations served by Amtrak selected by the
Under Secretary. In conducting the pilot program, the Under
Secretary shall--
(1) test a wide range of explosives detection technologies,
devices and methods;
(2) require that intercity rail passengers produce
government-issued photographic identification which matches
the name on the passenger's tickets prior to boarding trains;
and
(3) attempt to give preference to locations at the highest
risk of terrorist attack and achieve a distribution of
participating train stations in terms of geographic location,
size, passenger volume, and whether the station is used by
commuter rail passengers as well as Amtrak passengers.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security to carry out
this section $5,000,000 for fiscal year 2005.

SEC. 406. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the
Department of Homeland Security, does not apply to the extent
that any such employees are responsible for implementing the
provisions of this Act.

SEC. 407. FIRE AND LIFE-SAFETY IMPROVEMENTS.

(a) Life-safety Needs.--The Secretary of Transportation is
authorized to make grants to Amtrak for the purpose of making
fire and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, NY, Baltimore, MD, and
Washington, DC.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Transportation for the
purposes of carrying out subsection (a) the following
amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006;
(C) $100,000,000 for fiscal year 2007;
(D) $100,000,000 for fiscal year 2008; and
(E) $170,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2005;
(B) $10,000,000 for fiscal year 2006;
(C) $10,000,000 for fiscal year 2007;
(D) $10,000,000 for fiscal year 2008; and
(E) $17,000,000 for fiscal year 2009.
(3) For the Washington, DC Union Station tunnels to improve
ventilation, communication, lighting, and passenger egress
upgrades--
(A) $8,000,000 for fiscal year 2005;
(B) $8,000,000 for fiscal year 2006;
(C) $8,000,000 for fiscal year 2007;
(D) $8,000,000 for fiscal year 2008; and
(E) $8,000,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation for fiscal
year 2005 $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the
capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts
appropriated pursuant to this section shall remain available
until expended.
(e) Plans Required.--The Secretary may not make amounts
available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, periodic status
reports, and such other matters the Secretary deems
appropriate.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies and Amtrak shall,
within 30 days after receiving the Secretary's notification,
submit a modified plan for the Secretary's review. Within 15
days after receiving additional information on items
previously included in the plan, and within 45 days after
receiving items newly included in a modified plan, the
Secretary shall either approve the modified plan, or, if the
Secretary finds the plan is still incomplete or deficient,
the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure the portions of the plan the Secretary finds
incomplete or deficient, approve all other portions of the
plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use of the tunnels, if feasible.

SEC. 408. MEMORANDUM OF AGREEMENT.

(a) Memorandum of Agreement.--Within 60 days after the date
of enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute a memorandum
of agreement governing the roles and responsibilities of the
Department of Transportation and the Department of Homeland
Security, respectively, in addressing railroad transportation
security matters, including the processes the departments
will follow to promote communications, efficiency, and
nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.

[[Page S10135]]

SEC. 409. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.

(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:

``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents

``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Rail Security Act of 2004,
Amtrak shall submit to the Chairman of the National
Transportation Safety Board and the Secretary of
Transportation a plan for addressing the needs of the
families of passengers involved in any rail passenger
accident involving an Amtrak intercity train and resulting in
a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release to any person information on a list obtained
under subsection (b)(1) but may provide information on the
list about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted
by Amtrak under subsection (b), unless such liability was
caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of
Transportation for the use of Amtrak $500,000 for fiscal year
2005 to carry out this section. Amounts appropriated pursuant
to this subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:

``24316.  Plan to assist families of passengers involved in rail
passenger accidents.''.

SEC. 410. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) In General--Subject to subsection (c), the Under
Secretary of Homeland Security for Border and Transportation
Security is authorized to make grants, through the Secretary
of Transportation, to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Under Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units; and
(7) to expand emergency preparedness efforts.
(b) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless the
projects are contained in a systemwide security plan approved
by the Under Secretary, in consultation with the Secretary of
Transportation, and, for capital projects, meet the
requirements of section 407(e)(2). The plan shall include
appropriate measures to address security awareness, emergency
response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Under Secretary
shall ensure that, subject to meeting the highest security
needs on Amtrak's entire system, stations and facilities
located outside of the Northeast Corridor receive an
equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--There are authorized to be
appropriated to the Under Secretary of Homeland Security for
Border and Transportation Security $63,500,000 for fiscal
year 2005 for the purposes of carrying out this section.
Amounts appropriated pursuant to this subsection shall remain
available until expended.

SEC. 411. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

(a) Security Improvement Grants.--The Under Secretary of
Homeland Security for Border and Transportation Security is
authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars
used in the transportation of hazardous materials,
universities, colleges and research centers, State and local
governments (for passenger facilities and infrastructure not
owned by Amtrak), and, through the Secretary of
Transportation, to Amtrak, for full or partial reimbursement
of costs incurred in the conduct of activities to prevent or
respond to acts of terrorism, sabotage, or other intercity
passenger rail and freight rail security threats, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of cargo or passenger screening equipment
at the United States-Mexico border or the United States-
Canada border;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 402, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Under Secretary shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this Act and the priorities and other criteria
developed by the Under Secretary.
(c) Equitable Allocation.--The Under Secretary shall
equitably distribute the funds authorized by this section,
taking into account geographic location, and shall encourage
non-Federal financial participation in awarding grants. With
respect to grants for passenger rail security, the Under
Secretary shall also take into account passenger volume and
whether a station is used by commuter rail passengers as well
as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section 410(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section 402 the Under
Secretary of Homeland Security for Border and Transportation
Security determines that critical rail transportation
security needs require reimbursement in greater amounts to
any eligible entity, no grants under this section may be
made--
(1) in excess of $65,000,000 to Amtrak; or
(2) in excess of $100,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security $350,000,000
for fiscal year 2005 to carry out the purposes of this
section. Amounts appropriated pursuant to this subsection
shall remain available until expended.
(g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and
anhydrous ammonia.

SEC. 412. OVERSIGHT AND GRANT PROCEDURES.

(a) Secretarial Oversight.--The Secretary of Transportation
may use up to 0.5

[[Page S10136]]

percent of amounts made available to Amtrak for capital
projects under the Rail Security Act of 2004 to enter into
contracts for the review of proposed capital projects and
related program management plans and to oversee construction
of such projects.
(b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts for
safety, procurement, management, and financial compliance
reviews and audits of a recipient of amounts under subsection
(a).
(c) Procedures for Grant Award.--The Under Secretary shall
prescribe procedures and schedules for the awarding of grants
under this Act, including application and qualification
procedures (including a requirement that the applicant have a
security plan), and a record of decision on applicant
eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Under
Secretary. The Under Secretary shall issue a final rule
establishing the procedures not later than 90 days after the
date of enactment of this Act.

SEC. 413. RAIL SECURITY RESEARCH AND DEVELOPMENT.

(a) Establishment of Research and Development Program.--The
Under Secretary of Homeland Security for Border and
Transportation Security, in conjunction with the Secretary of
Transportation, shall carry out a research and development
program for the purpose of improving freight and intercity
passenger rail security that may include research and
development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car and
transmit information about the integrity of tank cars to the
train crew;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section 411(g) of this Act; and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects recommended in the report required by
section 402.
(b) Coordination With Other Research Initiatives.--The
Under Secretary of Homeland Security for Border and
Transportation Security shall ensure that the research and
development program authorized by this section is coordinated
with other research and development initiatives at the
Department and the Department of Transportation. The Under
Secretary of Homeland Security for Border and Transportation
Security shall carry out any research and development project
authorized by this section through a reimbursable agreement
with the Secretary of Transportation if the Secretary of
Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Accountability.--The Under Secretary shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this Act and the priorities and other criteria
developed by the Under Secretary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Under Secretary of Homeland
Security for Border and Transportation Security $50,000,000
in each of fiscal years 2005 and 2006 to carry out the
purposes of this section. Amounts appropriated pursuant to
this subsection shall remain available until expended.

SEC. 414. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

(a) Track Standards.--Within 90 days after the date of
enactment of this Act, the Federal Railroad Administration
shall--
(1) require each track owner using continuous welded rail
track to include procedures (in its procedures filed with the
Administration pursuant to section 213.119 of title 49, Code
of Federal Regulations) to improve the identification of
cracks in rail joint bars;
(2) instruct Administration track inspectors to obtain
copies of the most recent continuous welded rail programs of
each railroad within the inspectors' areas of responsibility
and require that inspectors use those programs when
conducting track inspections; and
(3) establish a program to periodically review continuous
welded rail joint bar inspection data from railroads and
Administration track inspectors and, whenever the
Administration determines that it is necessary or
appropriate, require railroads to increase the frequency or
improve the methods of inspection of joint bars in continuous
welded rail.
(b) Tank Car Standards.--The Federal Railroad
Administration shall--
(1) within 1 year after the date of enactment of this Act,
validate the predictive model it is developing to quantify
the relevant dynamic forces acting on railroad tank cars
under accident conditions; and
(2) within 18 months after the date of enactment of this
Act, initiate a rulemaking to develop and implement
appropriate design standards for pressurized tank cars.
(c) Older Tank Car Impact Resistance Analysis and Report.--
Within 2 years after the date of enactment of this Act, the
Federal Railroad Administration shall--
(1) conduct a comprehensive analysis to determine the
impact resistance of the steels in the shells of pressure
tank cars constructed before 1989; and
(2) transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure with
recommendations for measures to eliminate or mitigate the
risk of catastrophic failure.

SEC. 415. NORTHERN BORDER RAIL PASSENGER REPORT.

Within 180 days after the date of enactment of this Act,
the Under Secretary of Homeland Security for Border and
Transportation Security, in consultation with the heads of
other appropriate Federal departments and agencies and the
National Railroad Passenger Corporation, shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
travelling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers; and
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security.

SEC. 416. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL
IN COMMUNITIES WITHOUT GRADE SEPARATION.

(a) Study.--The Secretary of Homeland Security shall, in
consultation with State and local government officials,
conduct a study on the impact of blocked highway-railroad
grade crossings on the ability of emergency responders,
including ambulances and police, fire, and other emergency
vehicles, to perform public safety and security duties in the
event of a terrorist attack.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the findings of the study conducted under
subsection (a) and recommendations for reducing the impact of
blocked crossings on emergency response.

SEC. 417. WHISTLEBLOWER PROTECTION PROGRAM.

(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20115 the following:

``Sec. 20116. Whistleblower protection for rail security
matters

``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
(1) provided, caused to be provided, or is about to provide
or cause to be provided, to the employer or the Federal
Government information relating to a perceived threat to
security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a perceived
threat to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.

[[Page S10137]]

``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this title, including the burdens of proof,
applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20115 the following:

``20116. Whistleblower protection for rail security matters.''.
______

SA 3903. Mr. STEVENS (for himself, Mr. Inouye, and Mr. Warner)
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 115, strike line 15 and all that follows through
page 115, line 25.
______

SA 3904. Mr. STEVENS (for himself and Mr. Inouye) 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:

Strike all after the enacting clause, and insert the
following:

SECTION 1. NATIONAL INTELLIGENCE DIRECTOR.

(a) Independent Establishment.--There is a National
Intelligence Director who shall be appointed by the
President, by and with the advice and consent of the Senate.
(b) Individuals Eligible for Nomination.--Any individual
nominated for appointment as National Intelligence Director
shall have extensive national security expertise.
(c) Principal Duties and Responsibilities.--The National
Intelligence Director shall be the head of the National
Counterterrorism Center and the coordinator of
counterterrorism activities for programs and projects within
the National Foreign Intelligence Program.
(d) Supervision.--The National Intelligence Director shall
report to the National Security Advisor on--
(1) the budget and programs of the National
Counterterrorism Center;
(2) the activities of the Directorate of Intelligence of
the National Counterterrorism Center under subsection (e);
(3) the planning and progress of joint counter-terrorism
operations; and
(4) the coordination of activities across the National
Foreign Intelligence Program on Counterterrorism activities.
(e) Primary Missions.--The primary missions of the National
Counterterrorism Center shall be as follows:
(1) To develop and unify strategy for the civilian and
military counterterrorism efforts of the United States
Government.
(2) To integrate counterterrorism intelligence activities
of the United States Government, both inside and outside the
United States.
(3) To develop interagency counterterrorism plans, each of
which shall--
(A) involve more than one department, agency, or element of
the executive branch (unless otherwise directed by the
President); and
(B) include the mission, objectives to be achieved, courses
of action, parameters for such courses of action,
coordination of agency strategic planning, recommendations
for strategic planning, and assignment of departmental or
agency responsibilities.
(4) To ensure that the collection of counterterrorism
intelligence, and the conduct of counterterrorism operations,
by the United States Government are informed by the analysis
of all-source intelligence.
(f) Duties and Responsibilities of National Intelligence
Director.--Notwithstanding any other provision of law, at the
direction of the President and the National Security Council,
the National Intelligence Director shall--
(1) provide unified strategic direction for the civilian
and military counterterrorism efforts of the United States
Government and for the effective integration and
deconfliction of counterterrorism intelligence and operations
across agency boundaries, both inside and outside the United
States;
(2) advise on the extent to which the counterterrorism
program recommendations and budget proposals of the
departments, agencies, and elements of the United States
Government conform to the priorities established by the
President and the National Security Council; and
(3) perform such other duties as the President or National
Security Advisor may prescribe or are prescribed by law.
(g) Role of Director of National Counterterrorism Center in
Certain Appointments.--(1) In the event of a vacancy in a
position referred to in paragraph (2), the head of the
department or agency having jurisdiction over the position
shall consult with the National Intelligence Director before
appointing an individual to fill the vacancy or recommending
to the President an individual for nomination to fill the
vacancy. If the Director does not concur in the
recommendation, the head of the department or agency
concerned may fill the vacancy or make the recommendation to
the President (as the case may be) without the concurrence of
the Director, but shall notify the President that the
Director does not concur in the appointment or recommendation
(as the case may be).
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Counterterrorist Center of the
Central Intelligence Agency.
(B) The Assistant Director of the Federal Bureau of
Investigation in charge of the Counterterrorism Division.
(C) The Coordinator for Counterterrorism of the Department
of State.
(h) Directorate of Intelligence.--(1) The National Director
of Intelligence shall establish and maintain within the
National Counterterrorism Center a Directorate of
Intelligence.
(2) The Directorate shall utilize the capabilities of the
Terrorist Threat Integration Center and such other
capabilities as the he considers appropriate.
(3) The Directorate shall have primary responsibility
within the United States Government for analysis of terrorism
and terrorist organizations from all sources of intelligence,
whether collected inside or outside the United States.
(4) The Directorate shall--
(A) be the principal repository within the United States
Government for all-source information on suspected
terrorists, their organizations, and their capabilities;
(B) propose intelligence collection requirements for action
by elements of the intelligence community inside and outside
the United States;
(C) have primary responsibility within the United States
Government for net assessments and warnings about terrorist
threats, which assessments and warnings shall be based on a
comparison of terrorist intentions and capabilities with
assessed national vulnerabilities and countermeasures; and
(D) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(i) Directorate of Planning.--(1) The National Intelligence
Director shall establish and maintain within the National
Counterterrorism Center a Directorate of Planning.
(2) The Directorate shall have primary responsibility for
developing interagency counterterrorism plans described in
subsection (e)(3).
(3) The Directorate shall--
(A) provide guidance, and develop strategy and interagency
plans, to counter terrorist activities based on policy
objectives and priorities established by the National
Security Council;
(B) develop interagency plans under subparagraph (A)
utilizing information and recommendations obtained from
personnel in other departments, agencies, and elements of the
United States Government who have expertise in the
priorities, functions, assets, programs, capabilities, and
operations of such departments, agencies, and elements with
respect to counterterrorism;
(C) assign responsibilities for counterterrorism operations
to the Department of Defense, the Central Intelligence
Agency, the Federal Bureau of Investigation, the Department
of Homeland Security, and other departments and agencies of
the United States Government, consistent with the authorities
of such departments and agencies;
(D) monitor the implementation of operations assigned under
subparagraph (C) and update interagency plans for such
operations as necessary;
(E) report to the President and the National Intelligence
Director on the compliance of the departments, agencies, and
elements of the United States with the plans developed under
subparagraph (A); and

[[Page S10138]]

(F) perform such other duties and functions as the
President or the National Security Advisor may prescribe.
(4) The Directorate may not direct the execution of
operations assigned under paragraph (3).
(j) Staff.--(1) The National Intelligence Director may
appoint deputy directors of the National Counterterrorism
Center to oversee such portions of the operations of the
Center as the National Intelligence Director considers
appropriate.
(2) To assist in fulfilling the duties and responsibilities
under this section, the National Intelligence Director shall
employ in the National Counterterrorism Center a professional
staff having an expertise in matters relating to such duties
and responsibilities.
(3) In providing for a professional staff for the National
Counterterrorism Center under paragraph (2), the National
Intelligence Director may establish as positions in the
excepted service such positions in the Center as the National
Intelligence Director considers appropriate.
(4) The National Intelligence Director shall ensure that
the analytical staff of the National Counterterrorism Center
is composed primarily of experts from elements in the
intelligence community and from such other personnel in the
United States Government as the National Intelligence
Director considers appropriate.
(5)(A) In order to meet the requirements in paragraph (4),
the National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
civilian personnel funded within the National Foreign
Intelligence Program to the National Counterterrorism Center
from any other element of the intelligence community that the
National Intelligence Director considers appropriate; and
(ii) in the case of civilian personnel from a department,
agency, or element of the United States Government and not
funded within the National Foreign Intelligence Program,
request the transfer, assignment, or detail of such civilian
personnel from the department, agency, or other element
concerned.
(B) The head of an element of the intelligence community
shall promptly effectuate any transfer, assignment, or detail
of civilian personnel specified by the National Intelligence
Director under subparagraph (A)(i).
(C) The head of a department, agency, or element of the
United States Government receiving a request for transfer,
assignment, or detail of civilian personnel under
subparagraph (A)(ii) shall, to the extent practicable,
approve the request.
(6) Personnel employed in or assigned or detailed to the
National Counterterrorism Center under this subsection shall
be under the authority, direction, and control of the
National Intelligence Director on all matters for which the
Center has been assigned responsibility and for all matters
related to the accomplishment of the missions of the Center.
(7) Performance evaluations of personnel assigned or
detailed to the National Counterterrorism Center under this
subsection shall be undertaken by the supervisors of such
personnel at the Center.
(8) The supervisors of the staff of the National
Counterterrorism Center may, with the approval of the
National Intelligence Director, reward the staff of the
Center for meritorious performance by the provision of such
performance awards as the National Intelligence Director
shall prescribe.
(9) The National Intelligence Director shall ensure that
the staff of the National Counterterrorism Center has access
to all databases maintained by the elements of the
intelligence community that are relevant to the duties of the
Center.
(k) Support and Cooperation of Other Agencies.--(1) The
elements of the intelligence community and the other
departments, agencies, and elements of the United States
Government shall support, assist, and cooperate with the
National Counterterrorism Center in carrying out its missions
under this section.
(2) The support, assistance, and cooperation of a
department, agency, or element of the United States
Government under this subsection shall include, but not be
limited to--
(A) the implementation of interagency plans for operations,
whether foreign or domestic, that are developed by the
National Counterterrorism Center in a manner consistent with
the laws and regulations of the United States and consistent
with the limitation in subsection (i)(4);
(B) cooperative work with the National Intelligence
Director of the National Counterterrorism Center to ensure
that ongoing operations of such department, agency, or
element do not conflict with joint operations planned by the
Center;
(C) reports, upon request, to the National Intelligence
Director on the progress of such department, agency, or
element in implementing responsibilities assigned to such
department, agency, or element through joint operations
plans; and
(D) the provision to the analysts of the National
Counterterrorism Center of electronic access in real time to
information and intelligence collected by such department,
agency, or element that is relevant to the missions of the
Center.
(3) In the event of a disagreement between the National
Intelligence Director and the head of a department, agency,
or element of the United States Government on a plan
developed or responsibility assigned by the National
Counterterrorism Center under this subsection, the National
Intelligence Director may either accede to the head of the
department, agency, or element concerned or notify the
National Security Advisor of the necessity of resolving the
disagreement.

SEC. 2. NATIONAL INTELLIGENCE CENTERS.

(a) National Intelligence Centers.--(1) The National
Intelligence Director may establish one or more centers, at
the direction of the President and with the concurrence of
the Congress to address intelligence priorities established
by the National Security Council. Each such center shall be
known as a ``national intelligence center''.
(2) Each national intelligence center shall be assigned an
area of intelligence responsibility.
(3) National intelligence centers shall be established at
the direction of the President, as prescribed by law, or upon
the initiative of the National Intelligence Director.
(b) Establishment of Centers.--(1) In establishing a
national intelligence center, the National Intelligence
Director shall assign lead responsibility for administrative
support for such center to an element of the intelligence
community selected by the Director for that purpose.
(2) The Director shall determine the structure and size of
each national intelligence center.
(3) The Director shall notify Congress of the establishment
of each national intelligence center before the date of the
establishment of such center.
(c) Directors of Centers.--(1) Each national intelligence
center shall have as its head a Director who shall be
appointed by the National Intelligence Director for that
purpose.
(2) The Director of a national intelligence center shall
serve as the principal adviser to the National Intelligence
Director on intelligence matters with respect to the area of
intelligence responsibility assigned to the center.
(3) In carrying out duties under paragraph (2), the
Director of a national intelligence center shall--
(A) manage the operations of the center;
(B) coordinate the provision of administration and support
by the element of the intelligence community with lead
responsibility for the center under subsection (b)(1);
(C) submit budget and personnel requests for the center to
the National Intelligence Director;
(D) seek such assistance from other departments, agencies,
and elements of the United States Government as is needed to
fulfill the mission of the center; and
(E) advise the National Intelligence Director of the
information technology, personnel, and other requirements of
the center for the performance of its mission.
(4) The National Intelligence Director shall ensure that
the Director of a national intelligence center has sufficient
authority, direction, and control to effectively accomplish
the mission of the center.
(d) Mission of Centers.--Pursuant to the direction of the
National Intelligence Director, the Director of a national
intelligence center shall, in the area of intelligence
responsibility assigned to the center by the Director
pursuant to intelligence priorities established by the
National Security Council--
(1) have primary responsibility for providing all-source
analysis of intelligence based upon foreign intelligence
gathered both abroad and domestically;
(2) have primary responsibility for identifying and
proposing to the National Intelligence Director intelligence
collection and analysis requirements;
(3) have primary responsibility for net assessments and
warnings;
(4) ensure that appropriate officials of the United States
Government and other appropriate officials have access to a
variety of intelligence assessments and analytical views; and
(5) perform such other duties as the National Intelligence
Director shall specify.
(e) Information Sharing.--(1) The National Intelligence
Director shall ensure that the Directors of the national
intelligence centers and the other elements of the
intelligence community undertake appropriate sharing of
intelligence analysis and plans for operations in order to
facilitate the activities of the centers.
(2) In order to facilitate information sharing under
paragraph (1), the Directors of the national intelligence
centers shall report directly to the National Intelligence
Director regarding their activities under this section.
(f) Staff.--(1) In providing for a professional staff for a
national intelligence center, the National Intelligence
Director may establish as positions in the excepted service
such positions in the center as the National Intelligence
Director considers appropriate.
(2)(A) The National Intelligence Director shall, from time
to time--
(i) specify the transfers, assignments, and details of
civilian personnel funded within the National Foreign
Intelligence Program to a national intelligence center from
any other element of the intelligence community that the
National Intelligence Director considers appropriate; and
(ii) in the case of civilian personnel from a department,
agency, or element of the United States Government not funded
within the National Foreign Intelligence Program, request the
transfer, assignment, or detail of such civilian personnel
from the department, agency, or other element concerned.
(B)(i) The head of an element of the intelligence community
shall promptly effectuate

[[Page S10139]]

any transfer, assignment, or detail of civilian personnel
specified by the National Intelligence Director under
subparagraph (A)(i).
(ii) The head of a department, agency, or element of the
United States Government receiving a request for transfer,
assignment, or detail of civilian personnel under
subparagraph (A)(ii) shall, to the extent practicable,
approve the request.
(3) Civilian personnel employed in or assigned or detailed
to a national intelligence center under this subsection shall
be under the authority, direction, and control of the
Director of the center on all matters for which the center
has been assigned responsibility and for all matters related
to the accomplishment of the mission of the center.
(4) Performance evaluations of personnel assigned or
detailed to a national intelligence center under this
subsection shall be undertaken by the supervisors of such
civilian personnel at the center.
(5) The supervisors of the staff of a national center may,
with the approval of the National Intelligence Director,
reward the staff of the center for meritorious performance by
the provision of such performance awards as the National
Intelligence Director shall prescribe.
(6) The National Intelligence Director may delegate to the
Director of a national intelligence center any
responsibility, power, or authority of the National
Intelligence Director under paragraphs (1) through (5).
(7) The Director of a national intelligence center may
recommend to the National Intelligence Director the
reassignment to the home element concerned of any personnel
previously assigned or detailed to the center from another
element of the intelligence community.
(g) Termination.--The National Intelligence Director, in
coordination with the President and Congress, may terminate a
national intelligence center if it is determined that the
center is no longer required to meet an intelligence priority
established by the National Security Council.

SEC. 3. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

The Terrorist Threat Integration Center is transferred to
the National Counterterrorism Center. All functions and
activities discharged by the Terrorist Threat Integration
Center as of the date of the enactment of this Act are
transferred to the National Counterterrorism Center.

SEC. 4. FUTURE ACTIVITIES.

The President shall submit to the Congress, not later than
180 days after the date of the enactment of this Act,
recommended legislation for further reforming the
intelligence community. The recommended legislation may
provide additional responsibilities for the National
Intelligence Director.
______

SA 3905. Mr. LAUTENBERG 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      --MARITIME TRANSPORTATION SECURITY

SEC. --01. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``Maritime
Transportation Security Act of 2004''.
(b) Table of Contents.--The table of contents for this
title is as follows:

Sec. --01. Short title; table of contents
Sec. --02. Enforcement; pier and wharf security costs.
Sec. --03. Security at foreign ports.
Sec. --04. Federal and State commercial maritime transportation
training.
Sec. --05. Transportation worker background investigation programs.
Sec. --06. Report on cruise ship security.
Sec. --07. Maritime transportation security plan grants.
Sec. --08. Report on design of maritime security grant programs.
Sec. --09. Effective date.

SEC. --02. ENFORCEMENT; PIER AND WHARF SECURITY COSTS.

(a) In General.--Chapter 701 of title 46, United States
Code, is amended--
(1) by redesignating the second section 70118 (relating to
firearms, arrests, and seizure of property), as added by
section 801(a) of the Coast Guard and Maritime Transportation
Act of 2004, as section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as
section 70123; and
(4) by inserting after section 70120 the following:

``Sec. 70121. Enforcement by injunction or withholding of
clearance

``(a) Injunction.--The United States district courts shall
have jurisdiction to restrain violations of this chapter or
of regulations issued hereunder, for cause shown.
``(b) Withholding of Clearance.--
``(1) If any owner, agent, master, officer, or person in
charge of a vessel is liable for a penalty or fine under
section 70119, or if reasonable cause exists to believe that
the owner, agent, master, officer, or person in charge may be
subject to a penalty under section 70119, the Secretary may,
with respect to such vessel, refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety
satisfactory to the Secretary.

``Sec. 70122. Security of piers and wharfs

``(a) In General.--Notwithstanding any other provision of
law, the Secretary shall require imported merchandise,
excluding merchandise entered temporarily under bond,
remaining on the wharf or pier onto which it was unladen for
more than 7 calendar days without entry being made to be
removed from the wharf or pier and deposited in the public
stores, a general order warehouse, or a centralized
examination station where it shall be inspected for
determination of contents, and thereafter a permit for its
delivery may be granted.
``(b) Penalty.--The Secretary may impose an administrative
penalty of $5,000 on the importer for each bill of lading for
general order merchandise remaining on a wharf or pier in
violation of subsection (a), except that no penalty shall be
imposed if the violation was a result of force majeure.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items
following the item relating to section 70116 and inserting
the following:

``70117. In rem liability for civil penalties and certain costs
``70118. Withholding of clearance
``70119. Firearms, arrests, and seizure of property
``70120. Enforcement by State and local officers
``70121. Enforcement by injunction or withholding of clearance
``70122. Security of piers and wharfs
``70123. Civil penalty''.

(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70123''.
(3) Section 70118(a) of such title is amended by striking
``under section 70120,'' and inserting ``under that
section,''.

SEC. --03. SECURITY AT FOREIGN PORTS.

(a) In General.--Section 70109 of title 46, United States
Code, is amended--
(1) by striking ``The Secretary,'' in subsection (b) and
inserting ``The Administrator of the Maritime
Administration,''; and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--The Administrator of
the Maritime Administration, in coordination with the
Secretary of State, shall identify foreign assistance
programs that could facilitate implementation of port
security antiterrorism measures in foreign countries. The
Administrator and the Secretary shall establish a program to
utilize those programs that are capable of implementing port
security antiterrorism measures at ports in foreign countries
that the Secretary finds, under section 70108, to lack
effective antiterrorism measures.''.
(b) Report on Security at Ports in the Caribbean Basin.--
Not later than 60 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and Committee on Transportation and Infrastructure of
the House of Representatives a report on the security of
ports in the Caribbean Basin. The report shall include the
following:
(1) An assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve
such security.
(2) An estimate of the number of ports in the Caribbean
Basin that will not be secured by July 2004, and an estimate
of the financial impact in the United States of any action
taken pursuant to section 70110 of title 46, United States
Code, that affects trade between such ports and the United
States.
(3) An assessment of the additional resources and program
changes that are necessary to maximize security at ports in
the Caribbean Basin.

SEC. --04. FEDERAL AND STATE COMMERCIAL MARITIME
TRANSPORTATION TRAINING.

Section 109 of the Maritime Transportation Security Act of
2002 (46 U.S.C. 70101 note) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federal and State Commercial Maritime Transportation
Training.--The Secretary of Transportation shall establish a
curriculum, to be incorporated into the curriculum developed
under subsection (a)(1), to educate and instruct Federal and
State officials on commercial maritime and intermodal
transportation. The curriculum shall be designed to
familiarize those officials with commercial maritime
transportation in order to facilitate performance of their
commercial maritime and intermodal transportation security
responsibilities. In developing the standards for the
curriculum, the

[[Page S10140]]

Secretary shall consult with each agency in the Department of
Homeland Security with maritime security responsibilities to
determine areas of educational need. The Secretary shall also
coordinate with the Federal Law Enforcement Training Center
in the development of the curriculum and the provision of
training opportunities for Federal and State law enforcement
officials at appropriate law enforcement training
facilities.''.

SEC. --05. TRANSPORTATION WORKER BACKGROUND INVESTIGATION
PROGRAMS.

Within 120 days after the date of enactment of this Act,
the Secretary of Homeland Security, after consultation with
the Secretary of Transportation, shall transmit a report to
the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation
and Infrastructure--
(1) making recommendations (including legislative
recommendations, if appropriate or necessary) for
harmonizing, combining, or coordinating requirements,
procedures, and programs for conducting background checks
under section 70105 of title 46, United States Code, section
5103a(c) of title 49, United States Code, section 44936 of
title 49, United States Code, and other provisions of Federal
law or regulations requiring background checks for
individuals engaged in transportation or transportation-
related activities;
(2) setting forth a detailed timeline for implementation of
such harmonization, combination, or coordination;
(3) setting forth a plan with a detailed timeline for the
implementation of the Transportation Worker Identification
Credential in seaports;
(4) making recommendations for a waiver and appeals process
for issuing a transportation security card to an individual
found otherwise ineligible for such a card under section
70105(c)(2) and (3) of title 46, United States Code, along
with recommendations on the appropriate level of funding for
such a process; and
(5) making recommendations for how information collected
through the Transportation Worker Identification Credential
program may be shared with port officials, terminal
operators, and other officials responsible for maintaining
access control while also protecting workers' privacy.

SEC. --06. REPORT ON CRUISE SHIP SECURITY.

(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the security
of ships and facilities used in the cruise line industry.
(b) Content.--The report required by subsection (a) shall
include an assessment of security measures employed by the
cruise line industry, including the following:
(1) An assessment of the security of cruise ships that
originate at ports in foreign countries.
(2) An assessment of the security of ports utilized for
cruise ship docking.
(3) The costs incurred by the cruise line industry to carry
out the measures required by the Maritime Transportation
Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and
the amendments made by that Act.
(4) The costs of employing canine units and hand-held
explosive detection wands at ports, including the costs of
screening passengers and baggage with such methods.
(5) An assessment of security measures taken by the
Secretary of Homeland Security to increase the security of
the cruise line industry and the costs incurred to carry out
such security measures.
(6) A description of the need for and the feasibility of
deploying explosive detection systems and canine units at
ports used by cruise ships and an assessment of the cost of
such deployment.
(7) A summary of the fees paid by passengers of cruise
ships that are used for inspections and the feasibility of
creating a dedicated passenger vessel security fund from such
fees.
(8) The recommendations of the Secretary, if any, for
measures that should be carried out to improve security of
cruise ships that originate at ports in foreign countries.
(9) The recommendations of the Secretary, if any, on the
deployment of further measures to improve the security of
cruise ships, including explosive detection systems, canine
units, and the use of technology to improve baggage
screening, and an assessment of the cost of implementing such
measures.

SEC. --07. MARITIME TRANSPORTATION SECURITY PLAN GRANTS.

Section 70107(a) of title 46, United States Code, is
amended to read as follows:
``(a) In General.--The Under Secretary of Homeland Security
for Border and Transportation Security shall establish a
grant program for making a fair and equitable allocation of
funds to implement Area Maritime Transportation Security
Plans and to help fund compliance with Federal security plans
among port authorities, facility operators, and State and
local agencies required to provide security services. Grants
shall be made on the basis of threat-based risk assessments,
consistent with the national strategy for transportation
security, subject to review and comment by the appropriate
Federal Maritime Security Coordinators and the Maritime
Administration. The grant program shall take into account
national economic and strategic defense concerns and shall be
coordinated with the Director of the Office of Domestic
Preparedness to ensure that the grant process is consistent
with other Department of Homeland Security grant programs.''.

SEC. --08. REPORT ON DESIGN OF MARITIME SECURITY GRANT
PROGRAMS.

Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security 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 design of maritime security grant
programs that includes recommendations on--
(1) whether the grant programs should be discretionary or
formula based and why;
(2) requirements for ensuring that Federal funds will not
be substituted for grantee funds;
(3) targeting requirements to ensure that funding is
directed in a manner that reflects a national, risk-based
perspective on priority needs, the fiscal capacity of
recipients to fund the improvements without grant funds, and
an explicit analysis of the impact of minimum funding to
small ports that could affect funding available for the most
strategic or economically important ports;
(4) matching requirements to ensure that Federal funds
provide an incentive to grantees for the investment of their
own funds in the improvements financed in part by Federal
funds; and
(5) the need for multiple year funding to provide funds for
multiple year grant agreements.

SEC. --09. EFFECTIVE DATE.

Notwithstanding any other provision of this Act, this title
takes effect on the date of enactment of this Act.
______

SA 3906. Mr. McCAIN (for himself, Mr. Lieberman, and Mr. Bayh)
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 __--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM

SEC. __01. FINDINGS.

Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Long-term success in the war on terrorism demands the
use of all elements of national power, including diplomacy,
military action, intelligence, covert action, law
enforcement, economic policy, foreign aid, public diplomacy,
and homeland defense.
(2) To win the war on terrorism, the United States must
assign to economic and diplomatic capabilities the same
strategic priority that is assigned to military capabilities.
(3) The legislative and executive branches of the
Government of the United States must commit to robust, long-
term investments in all of the tools necessary for the
foreign policy of the United States to successfully
accomplish the goals of the United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign affairs
programs in general, and to priority areas as described in
this title in particular.

SEC. __02. TERRORIST SANCTUARIES.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by
government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11,
2001, and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find
sanctuary.
(5) During the 21st century, terrorists are focusing on
remote regions and failing states as locations to seek
sanctuary.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as
terrorist sanctuaries;
(2) the United States Government should have a realistic
strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a
sanctuary; and
(3) the United States Government should reach out, listen
to, and work with countries in bilateral and multilateral
fora to prevent locations from becoming sanctuaries and to
prevent terrorists from using locations as sanctuaries.

SEC. __03. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:

[[Page S10141]]

(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the Muslim
world, is critical to stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as
allies of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
fostering a stable and secure future in Pakistan, as long as
its leaders remain committed to combatting extremists and
extremism, ending the proliferation of weapons of mass
destruction, securing its borders, and gaining internal
control of all its territory while pursuing policies that
strengthen civil society, promote moderation and advance
socio-economic progress;
(2) Pakistan should make sincere efforts to transition to
democracy, enhanced rule of law, and robust civil
institutions, and United States policy toward Pakistan should
promote such a transition;
(3) the United States assistance to Pakistan should be
maintained at the overall levels requested by the President
for fiscal year 2005;
(4) the United States should support the Government of
Pakistan with a comprehensive effort that extends from
military aid to support for better education;
(5) the United States Government should devote particular
attention and resources to assisting in the improvement of
the quality of education in Pakistan; and
(6) the Government of Pakistan should devote additional
resources of such Government to expanding and improving
modern public education in Pakistan.

SEC. __04. AID TO AFGHANISTAN.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy,
and such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of narcotics.
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning
narcotics trade, endemic poverty, and other serious problems
in Afghanistan in order to prevent that country from
relapsing into a sanctuary for international terrorism.
(b) Sense of Congress.--
(1) Actions for afghanistan.--It is the sense of Congress
that the Government of the United States should take, with
respect to Afghanistan, the following actions:
(A) Working with other nations to obtain long-term
security, political, and financial commitments and
fulfillment of pledges to the Government of Afghanistan to
accomplish the objectives of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a
secure, democratic, and prosperous Afghanistan that respects
the rights of its citizens and is free of international
terrorist organizations.
(B) Using the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security
Council, to strengthen international commitments to assist
the Government of Afghanistan in enhancing security, building
national police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and public
services throughout the country.
(C) Taking appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(2) Revision of afghanistan freedom support act of 2002.--
It is the sense of Congress that Congress should, in
consultation with the President, update and revise, as
appropriate, the Afghanistan Freedom Support Act of 2002.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for each of the fiscal years 2005 through 2009
such sums as may be necessary to provide assistance for
Afghanistan, unless otherwise authorized by Congress, for the
following purposes:
(A) For development assistance under sections 103, 105, and
106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a,
2151c, and 2151d).
(B) For children's health programs under the Child Survival
and Health Program Fund under section 104 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b).
(C) For economic assistance under the Economic Support Fund
under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.).
(D) For international narcotics and law enforcement under
section 481 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291).
(E) For nonproliferation, anti-terrorism, demining, and
related programs.
(F) For international military education and training under
section 541 of the Foreign Assistance Act of 1961 (22 U.S.C.
2347).
(G) For Foreign Military Financing Program grants under
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(H) For peacekeeping operations under section 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348).
(2) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan Freedom
Support Act of 2002; and
(B) shall be provided with reference to the ``Securing
Afghanistan's Future'' document published by the Government
of Afghanistan.

SEC. __05. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamist extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia,
on May 12, 2003, especially cooperation to combat terror
groups operating inside Saudi Arabia.
(4) The Government of Saudi Arabia is now pursuing al Qaeda
within Saudi Arabia and has begun to take some modest steps
toward internal reform.
(5) Nonetheless, the Government of Saudi Arabia has been at
times unresponsive to United States requests for assistance
in the global war on Islamist terrorism.
(6) The Government of Saudi Arabia has not done all it can
to prevent nationals of Saudi Arabia from funding and
supporting extremist organizations in Saudi Arabia and other
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia;
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East; and
(5) the Government of Saudi Arabia must do all it can to
prevent nationals of Saudi Arabia from funding and supporting
extremist organizations in Saudi Arabia and other countries.

SEC. __06. EFFORTS TO COMBAT ISLAMIST TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While support for the United States has plummeted in
the Islamic world, many negative views are uninformed, at
best, and, at worst, are informed by coarse stereotypes and
caricatures.
(2) Local newspapers in Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to

[[Page S10142]]

treat all people humanely, abide by the rule of law, and be
generous to the people and governments of other countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.

SEC. __07. UNITED STATES POLICY TOWARD DICTATORSHIPS.

(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that short-term gains enjoyed by the United
States through cooperation with repressive dictatorships have
often been outweighed by long-term setbacks for the stature
and interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing
differences among people, and tolerance for opposing points
of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education
and economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for
opposing points of view.

SEC. __08. PROMOTION OF UNITED STATES VALUES THROUGH
BROADCAST MEDIA.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented and understood
in the Islamic world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in
the Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part
of this engagement.
(c) Authorizations of Appropriations.--There are authorized
to be appropriated to the President for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out United States Government broadcasting activities
under the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.), the United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et
seq.), and the Foreign Affairs Reform and Restructuring Act
of 1998 (22 U.S.C. 6501 et seq.), and to carry out other
activities under this section consistent with the purposes of
such Acts, unless otherwise authorized by Congress.

SEC. __09. EXPANSION OF UNITED STATES SCHOLARSHIP AND
EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Sense of Congress.--It is the sense of Congress that
the United States should expand its exchange, scholarship,
and library programs, especially those that benefit people in
the Arab and Muslim worlds.
(c) Authority To Expand Educational and Cultural
Exchanges.--The President is authorized to substantially
expand the exchange, scholarship, and library programs of the
United States, especially such programs that benefit people
in the Arab and Muslim worlds.
(d) Availability of Funds.--Of the amounts authorized to be
appropriated for educational and cultural exchange programs
in each of the fiscal years 2005 through 2009, there is
authorized to be made available to the Secretary of State
such sums as may be necessary to carry out programs under
this section, unless otherwise authorized by Congress.

SEC. __10. INTERNATIONAL YOUTH OPPORTUNITY FUND.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a
key element in any global strategy to eliminate Islamist
terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, efforts to improve education in the
Middle East must also include--
(A) support for the provision of basic education tools,
such as textbooks that translate more of the world's
knowledge into local languages and local libraries to house
such materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--The President shall establish an
International Youth Opportunity Fund to provide financial
assistance for the improvement of public education in the
Middle East.
(2) International participation.--The President shall seek
the cooperation of the international community in
establishing and generously supporting the Fund.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the President for the establishment of
the International Youth Opportunity Fund, in addition to any
amounts otherwise available for such purpose, such sums as
may be necessary for each of the fiscal years 2005 through
2009, unless otherwise authorized by Congress.

SEC. __11. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic
policies and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist
between the United States and Israel and the United States
and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers
lowering its barriers to trade with the poorest Arab
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that
have a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries
into the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its
assistance to countries in the Middle East to the promotion
of the rule of law.

[[Page S10143]]

SEC. __12. MIDDLE EAST PARTNERSHIP INITIATIVE.

(a) Authorization of Appropriations.--There is authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary for the Middle East
Partnership Initiative, unless otherwise authorized by
Congress.
(b) Sense of Congress.--It is the sense of Congress that,
given the importance of the rule of law and economic reform
to development in the Middle East, a significant portion of
the funds authorized to be appropriated under subsection (a)
should be made available to promote the rule of law in the
Middle East.

SEC. __13. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING
TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the governments of
other countries in a process of advancing beyond separate and
uncoordinated national counterterrorism strategies to develop
with those other governments a comprehensive coalition
strategy to fight Islamist terrorism; and
(B) to that end, should seek to establish an international
counterterrorism policy contact group with the leaders of
governments providing leadership in global counterterrorism
efforts and governments of countries with sizable Muslim
populations, to be used as a ready and flexible international
means for discussing and coordinating the development of
important counterterrorism policies by the participating
governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the various
components of international prosecution of the war on
terrorism, including policies and a strategy that address
military issues, law enforcement, the collection, analysis,
and dissemination of intelligence, issues relating to
interdiction of travel by terrorists, counterterrorism-
related customs issues, financial issues, and issues relating
to terrorist sanctuaries.
(B) To address, to the extent (if any) that the President
and leaders of other participating governments determine
appropriate, such long-term issues as economic and political
reforms that can contribute to strengthening stability and
security in the Middle East.

SEC. __14. TREATMENT OF FOREIGN PRISONERS.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that are
adhered to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(b) Policy.--The policy of the United States is as follows:
(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned or otherwise
held in the custody of the United States (hereinafter
``prisoners'') humanely and in accordance with standards that
the United States would consider legal if perpetrated by the
enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and
in peacetime by the legal prohibition against torture, cruel,
inhuman or degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva
Conventions, such prisoners shall enjoy the protections of
the Geneva Conventions until such time as their status can be
determined pursuant to the procedures authorized by Army
Regulation 190-8, Section 1-6.
(4) It is the policy of the United States to expeditiously
prosecute cases of terrorism or other criminal acts alleged
to have been committed by prisoners in the custody of the
United States Armed Forces at Guantanamo Bay, Cuba, in order
to avoid the indefinite detention of prisoners, which is
contrary to the legal principles and security interests of
the United States.
(c) Reporting.--The Department of Defense shall submit to
the appropriate congressional committees:
(1) A quarterly report providing the number of prisoners
who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such
prisoner.
(2) A report setting forth--
(A) the proposed schedule for military commissions to be
held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at Guantanamo
Bay, Cuba, the number of such individuals who are unlikely to
face a military commission in the next six months, and each
reason for not bringing such individuals before a military
commission.
(3) All International Committee of the Red Cross reports,
completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo
Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be
provided, in classified form, not later than 15 days after
enactment of this Act.
(4) A report setting forth all prisoner interrogation
techniques approved by officials of the United States.
(d) Annual Training Requirement.--The Department of Defense
shall certify that all Federal employees and civilian
contractors engaged in the handling or interrogating of
prisoners have fulfilled an annual training requirement on
the laws of war, the Geneva Conventions and the obligations
of the United States under international humanitarian law.
(e) Prohibition on Torture or Cruel, Inhumane, or Degrading
Treatment or Punishment.--
(1) In general.--No prisoner shall be subject to torture or
cruel, inhumane, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the
United States.
(2) Relationship to geneva conventions.--Nothing in this
section shall affect the status of any person under the
Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(f) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Director
shall prescribe the rules, regulations, or guidelines
necessary to ensure compliance with the prohibition in
subsection (e)(1) by all personnel of the United States
Government and by any person providing services to the United
States Government on a contract basis.
(2) Report to congress.--The Secretary and the Director
shall submit to Congress the rules, regulations, or
guidelines prescribed under paragraph (1), and any
modifications to such rules, regulations, or guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(g) Reports on Possible Violations.--
(1) Requirement.--The Secretary and the Director shall each
submit, on a timely basis and not less than twice each year,
a report to Congress on the circumstances surrounding any
investigation of a possible violation of the prohibition in
subsection (e)(1) by United States Government personnel or by
a person providing services to the United States Government
on a contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the
prohibition in subsection (e)(1).
(h) Report on a Coalition Approach Toward the Detention and
Humane Treatment of Captured Terrorists.--Not later than 180
days after the date of the enactment of this Act, the
President shall submit to Congress a report describing the
efforts of the United States Government to develop an
approach toward the detention and humane treatment of
captured international terrorists that will be adhered to by
all countries that are members of the coalition against
terrorism.
(i) Definitions.--In this section:
(1) Cruel, inhumane, or degrading treatment or
punishment.--The term ``cruel, inhumane, or degrading
treatment or punishment'' means the cruel, unusual, and
inhumane treatment or punishment prohibited by the fifth
amendment, eighth amendment, or fourteenth amendment to the
Constitution.
(2) Director.--The term ``Director'' means the National
Intelligence Director.
(3) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).

[[Page S10144]]

(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.

SEC. __15. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Al Qaeda and other terror groups have tried to acquire
or make weapons of mass destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for
use of any such weapon by al Qaeda.
(3) Although the United States Government has supported the
Cooperative Threat Reduction, Global Threat Reduction
Initiative, and other nonproliferation assistance programs,
nonproliferation experts continue to express deep concern
about the adequacy of such efforts to secure weapons of mass
destruction and related materials that still exist in Russia
other countries of the former Soviet Union, and around the
world.
(4) The cost of increased investment in the prevention of
proliferation of weapons of mass destruction and related
materials is greatly outweighed by the potentially
catastrophic cost to the United States of the use of such
weapons by terrorists.
(5) The Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs are the United States primary method of preventing
the proliferation of weapons of mass destruction and related
materials from Russia and the states of the former Soviet
Union, but require further expansion, improvement, and
resources.
(6) Better coordination is needed within the executive
branch of government for the budget development, oversight,
and implementation of the Cooperative Threat Reduction,
Global Threat Reduction Initiative, and other
nonproliferation assistance programs, and critical elements
of such programs are operated by the Departments of Defense,
Energy, and State.
(7) The effective implementation of the Cooperative Threat
Reduction, Global Threat Reduction Initiative, and other
nonproliferation assistance programs in the countries of the
former Soviet Union is hampered by Russian behavior and
conditions on the provision of assistance under such programs
that are unrelated to bilateral cooperation on weapons
dismantlement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of weapons
of mass destruction and related materials, wherever such
proliferation may occur, is warranted;
(2) the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs should be expanded, improved, accelerated, and
better funded to address the global dimensions of the
proliferation threat; and
(3) the Proliferation Security Initiative is an important
counterproliferation program that should be expanded to
include additional partners.
(c) Cooperative Threat Reduction, Global Threat Reduction
Initiative, and other nonproliferation assistance programs.--
In this section, the term ``Cooperative Threat Reduction,
Global Threat Reduction Initiative, and other
nonproliferation assistance programs'' includes--
(1) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 50 U.S.C. 2362 note);
(2) the activities for which appropriations are authorized
by section 3101(a)(2) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1742);
(3) the Department of State program of assistance to
science centers;
(4) the Global Threat Reduction Initiative of the
Department of Energy; and
(5) a program of any agency of the Federal Government
having the purpose of assisting any foreign government in
preventing nuclear weapons, plutonium, highly enriched
uranium, or other materials capable of sustaining an
explosive nuclear chain reaction, or nuclear weapons
technology from becoming available to terrorist
organizations.
(d) Strategy and Plan.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress--
(A) a comprehensive strategy for expanding and
strengthening the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs; and
(B) an estimate of the funding necessary to execute such
strategy.
(2) Plan.--The strategy required by paragraph (1) shall
include a plan for securing the nuclear weapons and related
materials that are the most likely to be acquired or sought
by, and susceptible to becoming available to, terrorist
organizations, including--
(A) a prioritized list of the most dangerous and vulnerable
sites;
(B) measurable milestones for improving United States
nonproliferation assistance programs;
(C) a schedule for achieving such milestones; and
(D) initial estimates of the resources necessary to achieve
such milestones under such schedule.

SEC. __16. FINANCING OF TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful,
efforts to target the relatively small number of al Qaeda
financial facilitators have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to
al Qaeda, and has made it more difficult for al Qaeda to
raise and move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to
continue the cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their
operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a critical weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial
facilitators by intelligence and law enforcement agencies;
and
(2) efforts to track terrorist financing must be paramount
in United States counter-terrorism efforts.
(c) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report evaluating the effectiveness of United
States efforts to curtail the international financing of
terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to the
identification and tracking of terrorist financing;
(B) ways to improve multinational and international
governmental cooperation in this effort;
(C) ways to improve the effectiveness of financial
institutions in this effort;
(D) the adequacy of agency coordination, nationally and
internationally, including international treaties and
compacts, in this effort and ways to improve that
coordination; and
(E) recommendations for changes in law and additional
resources required to improve this effort.

SEC. __17. REPORT TO CONGRESS.

(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit to Congress a report on the activities of the
Government of the United States to carry out the provisions
of this title.
(b) Content.--The report required under this section shall
include the following:
(1) Terrorist sanctuaries.--A description of the strategy
of the United States to address and, where possible,
eliminate terrorist sanctuaries, including--
(A) a description of actual and potential terrorist
sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries;
(B) an outline of strategies for disrupting or eliminating
the security provided to terrorists by such sanctuaries;
(C) a description of efforts by the United States
Government to work with other countries in bilateral and
multilateral fora to address or eliminate actual or potential
terrorist sanctuaries and disrupt or eliminate the security
provided to terrorists by such sanctuaries; and
(D) a description of long-term goals and actions designed
to reduce the conditions that allow the formation of
terrorist sanctuaries, such as supporting and strengthening
host governments, reducing poverty, increasing economic
development, strengthening civil society, securing borders,
strengthening internal security forces, and disrupting
logistics and communications networks of terrorist groups.
(2) Support for pakistan.--A description of the efforts of
the United States Government to support Pakistan and
encourage moderation in that country, including--
(A) an examination of the desirability of establishing a
Pakistan Education Fund to direct resources toward improving
the quality of secondary schools in Pakistan, and an
examination of the efforts of the Government of Pakistan to
fund modern public education;
(B) recommendations on the funding necessary to provide
various levels of educational support;
(C) an examination of the current composition and levels of
United States military aid to Pakistan, together with any
recommendations for changes in such levels and composition
that the President considers appropriate; and
(D) an examination of other major types of United States
financial support to Pakistan, together with any
recommendations for changes in the levels and composition of
such support that the President considers appropriate.
(3) Support for afghanistan.--
(A) Specific objectives.--A description of the strategy of
the United States to provide aid to Afghanistan during the 5-
year period beginning on the date of enactment of this Act,
including a description of the resources necessary during the
next 5 years to achieve specific objectives in Afghanistan in
the following areas:

[[Page S10145]]

(i) Fostering economic development.
(ii) Curtailing the cultivation of opium.
(iii) Achieving internal security and stability.
(iv) Eliminating terrorist sanctuaries.
(v) Increasing governmental capabilities.
(vi) Improving essential infrastructure and public
services.
(vii) Improving public health services.
(viii) Establishing a broad-based educational system.
(ix) Promoting democracy and the rule of law.
(x) Building national police and military forces.
(B) Progress.--A description of--
(i) the progress made toward achieving the objectives
described in clauses (i) through (x) of subparagraph (A); and
(ii) any shortfalls in meeting such objectives and the
resources needed to fully achieve such objectives.
(4) Collaboration with saudi arabia.--A description of the
strategy of the United States for expanding collaboration
with the Government of Saudi Arabia on subjects of mutual
interest and of importance to the United States, including a
description of--
(A) the utility of the President undertaking a periodic,
formal, and visible high-level dialogue between senior United
States Government officials of cabinet level or higher rank
and their counterparts in the Government of Saudi Arabia to
address challenges in the relationship between the two
governments and to identify areas and mechanisms for
cooperation;
(B) intelligence and security cooperation between the
United States and Saudi Arabia in the fight against Islamist
terrorism;
(C) ways to advance Saudi Arabia's contribution to the
Middle East peace process;
(D) political and economic reform in Saudi Arabia and
throughout the Middle East;
(E) ways to promote greater tolerance and respect for
cultural and religious diversity in Saudi Arabia and
throughout the Middle East; and
(F) ways to assist the Government of Saudi Arabia in
preventing nationals of Saudi Arabia from funding and
supporting extremist groups in Saudi Arabia and other
countries.
(5) Struggle of ideas in the islamic world.--A description
of a cohesive, long-term strategy of the United States to
help win the struggle of ideas in the Islamic world,
including the following:
(A) A description of specific goals related to winning this
struggle of ideas.
(B) A description of the range of tools available to the
United States Government to accomplish such goals and the
manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and a plan
for linking resources to the accomplishment of such goals.
(D) A description of any additional resources that may be
necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and United
States participation in, international institutions for the
promotion of democracy and economic diversification in the
Islamic world, and intraregional trade in the Middle East.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince United States
allies and people in the Islamic world that engaging in the
struggle of ideas in the Islamic world is a top priority of
the United States and that the United States intends to make
a substantial and sustained commitment toward winning this
struggle.
(6) Outreach through broadcast media.--A description of a
cohesive, long-term strategy of the United States to expand
its outreach to foreign Muslim audiences through broadcast
media, including the following:
(A) The initiatives of the Broadcasting Board of Governors
with respect to outreach to foreign Muslim audiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly and
comprehensively present a United States point of view through
indigenous broadcast media in countries with sizable Muslim
populations, including increasing appearances by United
States Government officials, experts, and citizens.
(C) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters to
dub or subtitle into Arabic and other relevant languages
their news and public affairs programs broadcast in the
Muslim world in order to present those programs to a much
broader Muslim audience than is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve the
objectives of the strategy.
(7) Visas for participants in united states programs.--A
description of--
(A) any recommendations for expediting the issuance of
visas to individuals who are entering the United States for
the purpose of participating in a scholarship, exchange, or
visitor program described in subsection (c) of section __09
without compromising the security of the United States; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(8) Basic education in muslim countries.--A description of
a strategy, that was developed after consultation with
nongovernmental organizations and individuals involved in
education assistance programs in developing countries, to
promote free universal basic education in the countries of
the Middle East and in other countries with significant
Muslim populations designated by the President. The strategy
shall include the following elements:
(A) A description of the manner in which the resources of
the United States and the international community shall be
used to help achieve free universal basic education in such
countries, including--
(i) efforts of the United states to coordinate an
international effort;
(ii) activities of the United States to leverage
contributions from members of the Group of Eight or other
donors; and
(iii) assistance provided by the United States to leverage
contributions from the private sector and civil society
organizations.
(B) A description of the efforts of the United States to
coordinate with other donors to reduce duplication and waste
at the global and country levels and to ensure efficient
coordination among all relevant departments and agencies of
the Government of the United States.
(C) A description of the strategy of the United States to
assist efforts to overcome challenges to achieving free
universal basic education in such countries, including
strategies to target hard to reach populations to promote
education.
(D) A listing of countries that the President determines
are eligible for assistance under the International Youth
Opportunity Fund described in section __10 and related
programs.
(E) A description of the efforts of the United States to
encourage countries in the Middle East and other countries
with significant Muslim populations designated by the
President to develop and implement a national education plan.
(F) A description of activities carried out as part of the
International Youth Opportunity Fund to help close the
digital divide and expand vocational and business skills in
such countries.
(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country described
in subparagraph (D), and an estimate of the amount that has
been expended by the United States and by each such country
during the previous fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from countries
in the Middle East and other countries with significant
Muslim populations designated by the President, international
organizations, and other countries that share the objectives
of the International Youth and Opportunity Fund.
(9) Economic reform.--A description of the efforts of the
United States Government to encourage development and promote
economic reform in countries that have a significant
population of Arab or Muslim individuals, including a
description of--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the global
trading system; and
(B) actions that the United States Government, acting alone
and in partnership with governments in the Middle East, can
take to promote intraregional trade and the rule of law in
the region.

SEC. __18. EFFECTIVE DATE.

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

SA 3907. Mr. REID (for Mr. Lautenberg) submitted an amendment
intended to be proposed by Mr. Reid 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. __. TERRORIST FINANCING.

(a) Clarification of Certain Actions Under IEEPA.--In any
case in which the President takes action under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to prohibit a United States person from engaging in
transactions with a foreign country, where a determination
has been made by the Secretary of State that the government
of that country has repeatedly provided support for acts of
international terrorism, such action shall apply to any
foreign subsidiaries or affiliate, including any permanent
foreign establishment of that United States person, that is
controlled in fact by that United States person.
(b) Definitions.--In this section:
(1) Controlled in fact.--The term ``is controlled in fact''
includes--
(A) in the case of a corporation, holds at least 50 percent
(by vote or value) of the capital structure of the
corporation; and
(B) in the case of any other kind of legal entity, holds
interests representing at least 50 percent of the capital
structure of the entity.
(2) United states person.--The term ``United States
person'' includes any United States citizen, permanent
resident alien, entity organized under the law of the United
States (including foreign branches), wherever located, or any
other person in the United States.

[[Page S10146]]

(c) Applicability.--
(1) In general.--In any case in which the President has
taken action under the International Emergency Economic
Powers Act and such action is in effect on the date of
enactment of this Act, the provisions of subsection (a) shall
not apply to a United States person (or other person) if such
person divests or terminates its business with the government
or person identified by such action within 100 days after the
date of enactment of this Act.
(2) Actions after date of enactment.--In any case in which
the President takes action under the International Emergency
Economic Powers Act on or after the date of enactment of this
Act, the provisions of subsection (a) shall not apply to a
United States person (or other person) if such person divests
or terminates its business with the government or person
identified by such action within 90 days after the date of
such action.

SEC. __. NOTIFICATION OF CONGRESS OF TERMINATION OF
INVESTIGATION BY OFFICE OF FOREIGN ASSETS
CONTROL.

(a) Notification Requirement.--The Office of Federal
Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by
adding at the end the following new section:

``Sec. 42. Notification of Congress of termination of investigation by
Office of Foreign Assets Control.''.
``The Director of the Office of Foreign Assets Control
shall notify Congress upon the termination of any
investigation by the Office of Foreign Assets Control of the
Department of the Treasury if any sanction is imposed by the
Director of such office as a result of the investigation.''.
______

SA 3908. Mr. REED (for himself, Mr. Sarbanes, Mr. Schumer, Mrs.
Boxer, and Mr. Corzine) 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 213, after line 12, add the following:

TITLE IV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

SEC. 401. SHORT TITLE.

This title may be cited as the ``Public Transportation
Terrorism Prevention Act of 2004''.

SEC. 402. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds that--
(1) throughout the world, public transportation systems
have been a primary target of terrorist attacks, causing
countless death and injuries;
(2) 6,000 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential to the Nation's economy and for significant
national and international public events;
(5) the Federal Transit Administration has invested
$68,700,000,000 since 1992 for construction and improvements
to the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$11,000,000,000 in fiscal years 2002 and 2003 to protect our
Nation's aviation system and its 1,800,000 daily passengers;
(7) the Federal Government invested $115,000,000 in fiscal
years 2003 and 2004 to protect public transportation systems
in the United States;
(8) the Federal Government has invested $9.16 in aviation
security improvements per passenger, but only $0.006 in
public transportation security improvements per passenger;
(9) the General Accounting Office, the Mineta Institute for
Surface Transportation Policy Studies, the American Public
Transportation Association, and other experts have reported
an urgent need for significant investment in transit security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.

SEC. 403. MEMORANDUM OF UNDERSTANDING.

(a) In General.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Transportation shall
enter into a memorandum of understanding with the Secretary
of Homeland Security to define and clarify the respective
public transportation security roles and responsibilities of
the Department of Transportation and the Department of
Homeland Security.
(b) Contents.--The memorandum of understanding described in
subsection (a) shall--
(1) establish a process to develop security standards for
public transportation agencies;
(2) establish funding priorities for grants from the
Department of Homeland Security to public transportation
agencies;
(3) create a method of direct coordination with public
transportation agencies on security matters;
(4) address any other issues determined to be appropriate
by the Secretary of Transportation and the Secretary of
Homeland Security; and
(5) include a formal and permanent mechanism to ensure
coordination and involvement by the Department of
Transportation, as appropriate, in public transportation
security.

SEC. 404. SECURITY ASSESSMENTS.

(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Department of Homeland Security.
(2) Review.--The Secretary of Homeland Security shall
review and augment the security assessments received under
paragraph (1).
(3) Allocations.--The assessments described in paragraph
(1) shall be used as the basis for allocating grant funds
under section 405, unless the Secretary of Homeland Security
determines that an adjustment is necessary to respond to an
urgent threat or other significant factors, after
notification to the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(4) Security improvement priorities.--The Secretary of
Homeland Security shall establish security improvement
priorities, in consultation with the management and employee
representatives of each public transportation system
receiving an assessment that will be used by public
transportation agencies for any funding provided under
section 405.
(5) Updates.--The Secretary of Homeland Security shall
annually update the assessments referred to in this
subsection and conduct assessments of all transit agencies
considered to be at greatest risk of a terrorist attack.
(b) Use of Assessment Information.--The Secretary of
Homeland Security shall use the information collected under
subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security;
(2) to design a security improvement strategy that
minimizes terrorist threats to public transportation systems;
and
(3) to design a security improvement strategy that
maximizes the efforts of public transportation systems to
mitigate damage from terrorist attacks.
(c) Bus Public Transportation Systems.--The Secretary of
Homeland Security shall conduct assessments of local bus-only
public transportation systems to determine the specific needs
of this form of public transportation that are appropriate to
the size and nature of the bus system.
(d) Rural Public Transportation Systems.--The Secretary of
Homeland Security shall conduct assessments of selected
public transportation systems that receive funds under
section 5311 of title 49, United States Code, to determine
the specific needs of this form of public transportation that
are appropriate to the size and nature of the system.

SEC. 405. SECURITY ASSISTANCE GRANTS.

(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the
priorities established under section 404(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type
system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 404(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for transit employees, including bus
and rail operators, mechanics, customer service, maintenance
employees, transit police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or explosives
detection;
(E) overtime reimbursement for enhanced security personnel
during significant national and international public events,
consistent with the priorities established under section
404(a)(4); and
(F) other appropriate security improvements identified
under section 404(a)(4), excluding routine, ongoing personnel
costs.
(c) Congressional Notification.--Not later than 3 days
before any grant is awarded under this section, the Secretary
of Homeland Security shall notify the Committee on Banking,
Housing, and Urban Affairs of the Senate of the intent to
award such grant.
(d) Transit Agency Responsibilities.--Each public
transportation agency that receives a grant under this
section shall--

[[Page S10147]]

(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this subsection; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified for that grant under
this section, the grantee shall return any amount so used to
the Treasury of the United States.

SEC. 406. INTELLIGENCE SHARING.

(a) Intelligence Sharing.--The Secretary of Homeland
Security shall ensure that the Department of Transportation
receives appropriate and timely notification of all credible
terrorist threats against public transportation assets in the
United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Department of Homeland Security
shall fund the reasonable costs of the Information Sharing
and Analysis Center for Public Transportation (referred to in
this subsection as the ``ISAC'') established pursuant to
Presidential Directive 63 to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation agencies that
the Secretary determines to be at significant risk of
terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge any public transportation agency a fee
for participation in the ISAC.

SEC. 407. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

(a) Grants Authorized.--The Secretary of Homeland Security,
in consultation with the Federal Transit Administration,
shall award grants to public or private entities to conduct
research into, and demonstration of, technologies and methods
to reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public
transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used for--
(1) researching chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) researching imaging technologies;
(3) conducting product evaluations and testing; and
(4) researching other technologies or methods for reducing
or deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a
grant under this section shall report annually to the
Department of Homeland Security on the use of grant funds
received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified under subsection (b),
the grantee shall return any amount so used to the Treasury
of the United States.

SEC. 408. REPORTING REQUIREMENTS.

(a) Annual Report to Congress.--Not later than March 31 of
each year, the Secretary of Homeland Security shall submit a
report, which describes the implementation of sections 404
through 407, and the state of public transportation security
in the United States, to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(2) the Committee on Governmental Affairs of the Senate;
and
(3) the Committee on Appropriations of the Senate.
(b) Annual Report to Governors.--Not later than March 31 of
each year, the Secretary of Homeland Security shall submit a
report to the governor of each State in which a transit
agency that has received a grant under this title is
operating that specifies the amount of grant funds
distributed to each such transit agency and the use of such
grant funds.

SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

(a) Capital Security Assistance Program.--There are
authorized to be appropriated $2,370,000,000 for fiscal year
2005 to carry out the provisions of section 405(a), which
shall remain available until expended.
(b) Operational Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section 405(b)--
(1) $534,000,000 for fiscal year 2005;
(2) $333,000,000 for fiscal year 2006; and
(3) $133,000,000 for fiscal year 2007.
(c) Intelligence.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
section 406.
(d) Research.--There are authorized to be appropriated
$130,000,000 for fiscal year 2005 to carry out the provisions
of section 407, which shall remain available until expended.

SEC. 410. EFFECTIVE DATE; SUNSET PROVISION.

(a) Effective Date.--Notwithstanding section 341, this
title, and the amendments made by this title, shall take
effect on the date of enactment of this Act.
(b) Sunset Provision.--This title is repealed on October 1,
2007.
______

SA 3909. Ms. SNOWE (for herself, Mr. Roberts, Ms. Mikulski, and 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 60, line 20, strike ``the relationships among''.
On page 63, line 8, strike ``the relationships among''.
On page 64, line 5, strike ``and'' at the end.
On page 64, between lines 5 and 6, insert the following:
(4) to evaluate the compliance of the National Intelligence
Authority and the National Intelligence Program with any
applicable United States law or regulation, including any
applicable regulation, policy, or procedure issued under
section 206, or with any regulation, policy, or procedure of
the Director governing the sharing or dissemination of, or
access to, intelligence information or products; and
On page 64, line 6, strike ``(4)'' and insert ``(5)''.
On page 65, strike lines 11 through 16 and insert the
following:
(2)(A) The Inspector General shall have access to any
employee, or any employee of a contractor, of any element of
the intelligence community whose testimony is needed for the
performance of the duties of the Inspector General.
On page 66, beginning on line 1, strike ``or contractor of
the National Intelligence Authority'' and insert `, or any
employee of a contractor, of any element of the intelligence
community''.
On page 66, line 4, strike ``Director'' and insert
``National Intelligence Director or other appropriate
official of the intelligence community''.
On page 68, between lines 7 and 8, insert the following:
(g) Coordination Among Inspectors General Within National
Intelligence Program.--(1) In the event of a matter within
the jurisdiction of the Inspector General of the National
Intelligence Authority that may be subject to an
investigation, inspection, or audit by both the Inspector
General of the National Intelligence Authority and an
Inspector General, whether statutory or administrative, with
oversight responsibility for an element or elements of the
intelligence community, the Inspector General of the National
Intelligence Authority and such other Inspector or Inspectors
General shall expeditiously resolve which Inspector General
shall conduct such investigation, inspection, or audit. The
Inspector General of the National Intelligence Authority
shall make the final decision on the resolution of such
jurisdiction.
(2) The Inspector General conducting an investigation,
inspection, or audit covered by paragraph (1) shall submit
the results of such investigation, inspection, or audit to
any other Inspector General with jurisdiction to conduct such
investigation, inspection, or audit who did not conduct such
investigation, inspection, or audit.
(3) If an investigation, inspection, or audit covered by
paragraph (1) is conducted by an Inspector General other than
the Inspector General of the National Intelligence Authority,
the Inspector General of the National Intelligence Authority
may, upon completion of such investigation, inspection, or
audit by such Inspector General, conduct a separate
investigation, inspection, or audit of the matter concerned
under this section.
On page 68, line 8, strike ``(g)'' and insert ``(h)''.
On page 69, between lines 20 and 21, insert the following:
(C) Each Inspector General of an element of the
intelligence community shall comply fully with a request for
information or assistance from the Inspector General of the
National Intelligence Authority.
(D) The Inspector General of the National Intelligence
Authority may, upon reasonable notice to the head of any
element of the intelligence community, conduct, as authorized
by this section, an investigation, inspection, or audit of
such element and may enter into any place occupied by such
element for purposes of the performance of the duties of the
Inspector General.
On page 69, line 21, strike ``(h)'' and insert ``(i)''.
On page 70, line 13, strike ``Authority'' and insert
``Program''.
On page 71, line 1, strike ``An assessment'' and insert
``In consultation with the Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority and the
Privacy Officer of the National Intelligence Authority, an
assessment''.
On page 71, beginning on line 16, strike ``Authority'' and
insert ``Authority or the National Intelligence Program, or
in the relationships between the elements of the intelligence
community within the National Intelligence Program and the
other elements of the intelligence community,''.
On page 72, beginning on line 3, strike ``a relationship
between''.
On page 72, strike lines 19 through 25 and insert the
following:
(B) an investigation, inspection, review, or audit carried
out by the Inspector General

[[Page S10148]]

focuses on any current or former official of the intelligence
community who--
(i) holds or held a position in an element of the
intelligence community that is subject to appointment by the
President, by and with the advice and consent of the Senate,
including an appointment held on an acting basis; or
(ii) holds or held a position in an element of the
intelligence community, including a position held on an
acting basis, that is appointed by the National Intelligence
Director;
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 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 a complaint or information
to the Inspector General.
On page 77, line 8, strike ``the Authority'' and insert
``an element of the intelligence community''.
On page 77, between lines 11 and 12, insert the following:
(j) Construction of Duties Regarding Elements of
Intelligence Community.--Except as resolved pursuant to
subsection (g), the performance by the Inspector General of
the National Intelligence Authority of any duty,
responsibility, or function regarding an element of the
intelligence community shall not be construed to modify or
effect the duties and responsibilities of any other Inspector
General having duties or responsibilities relating to such
element.
On page 77, line 12, strike ``(i)'' and insert ``(k)''.
______

SA 3910. 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:

SEC. __. REPORT ON INTERNATIONAL AIR CARGO THREATS.

(a) Report.--Within 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in coordination
with the Secretary of Defense and the Administrator of the
Federal Aviation Administration, shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that contains the following:
(1) A description of the current procedures in place to
address the threat of an inbound all-cargo aircraft from
outside the United States that intelligence sources indicate
could carry explosive, incendiary, chemical, biological or
nuclear devices.
(2) An analysis of the potential for establishing secure
facilities along established international aviation routes
for the purposes of diverting and securing aircraft described
in paragraph (1).
(b) Report Format.--The Secretary may submit all, or part,
of the report required by this section in classified and
redacted form if the Secretary determines that it is
appropriate or necessary.
______

SA 3911. 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:

On page 210, between lines 22 and 23, insert the following:

SEC. 336. NATIONAL INTELLIGENCE COUNCIL REPORT ON
METHODOLOGIES UTILIZED FOR NATIONAL
INTELLIGENCE ESTIMATES.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the National Intelligence Council
shall submit to Congress a report that includes the
following:
(1) The methodologies utilized for the initiation,
drafting, publication, coordination, and dissemination of the
results of National Intelligence Estimates (NIEs).
(2) Such recommendations as the Council considers
appropriate regarding improvements of the methodologies
utilized for National Intelligence Estimates in order to
ensure the timeliness of such Estimates and ensure that such
Estimates address the national security and intelligence
priorities and objectives of the President and the National
Intelligence Director.
(b) Form.--The report under subsection (a) shall be
submitted in an unclassified form, but may include a
classified annex.
On page 210, line 23, strike ``336.'' and insert ``337.''.
______

SA 3912. Mr. 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:

On page 210, between lines 22 and 23, insert the following:

SEC. 336. NATIONAL INTELLIGENCE DIRECTOR REPORT ON NATIONAL
COUNTERTERRORISM CENTER.

(a) Report.--Not later than one year after the date of the
establishment of the National Counterterrorism Center under
section 143, the National Intelligence Director shall submit
to Congress a report evaluating the effectiveness of the
Center in achieving its primary missions under subsection (d)
of that section.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the effectiveness of the National
Counterterrorism Center in achieving its primary missions.
(2) An assessment of the effectiveness of the authorities
of the Center in contributing to the achievement of its
primary missions, including authorities relating to personnel
and staffing, funding, information sharing, and technology.
(3) An assessment of the relationships between the Center
and the other elements and components of the intelligence
community.
(4) An assessment of the extent to which the Center
provides an appropriate model for the establishment of
national intelligence centers under section 144.
(c) Form.--The report under subsection (a) shall be
submitted in an unclassified form, but may include a
classified annex.
______

SA 3913. Mr. LEAHY 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 159, strike lines 19 through 25 and insert the
following:
``(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D),
either the Board or the Attorney General of the United States
may seek an order to require such person to produce the
evidence required by such subpoena from the United States
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found.''.
______

SA 3914. Mr. LEAHY 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. __. PRIVACY AND PASSENGER IDENTIFICATION VERIFICATION
TECHNOLOGIES.

(a) In General.--The Secretary of Homeland Security shall
consult with the Privacy and Civil Liberties Oversight Board
in the development of any program to use passenger
identification verification technologies.
(b) Report Requirement.--
(1) In general.--Notwithstanding any other provision of
law, no Federal program for passenger verification
identification technologies shall begin until after the
Secretary of Homeland Security has submitted a report to
Congress and to the Privacy and Civil Liberties Oversight
Board about the program.
(2) Report contents.--The report shall address the privacy
and civil liberty implications of the program, including the
accuracy and reliability of the technologies used, and
whether the program incorporates the necessary architectural,
operational, technological, and procedural safeguards to
protect privacy and civil liberties.
______

SA 3915. Mr. LEAHY 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. __. TERRORIST SCREENING CENTER.

(a) Criteria for Watch List.--The Secretary of Homeland
Security shall report to Congress the criteria for placing
individuals on the Terrorist Screening Center consolidated
screening watch list, including minimum standards for
reliability and accuracy of identifying information, the
certainty and level of threat that the individual poses, and
the consequences that apply to the person if located. To the
greatest extent consistent with the protection of classified
information and applicable law, the report shall be in
unclassified form and available to the public, with a
classified annex where necessary.
(b) Safeguards Against Erroneous Listings.--The Secretary
of Homeland Security shall establish a process for
individuals to challenge ``Automatic Selectee'' or ``No Fly''
designations on the consolidated screening watch list and
have their names removed from such lists, if erroneously
present.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Privacy and Civil Liberties
Oversight Board

[[Page S10149]]

shall submit a report assessing the impact of the ``No Fly''
and ``Automatic Selectee'' lists on privacy and civil
liberties to the Committee on the Judiciary, the Committee on
Governmental Affairs, and the Committee on Commerce, Science
and Transportation of the Senate, and the Committee on the
Judiciary, the Committee on Government Reform, and the
Committee on Transportation and Infrastructure of the House
of Representatives. The report shall include any
recommendations for practices, procedures, regulations, or
legislation to eliminate or minimize adverse effects of such
lists on privacy, discrimination, due process and other civil
liberties, as well as the implications of applying those
lists to other modes of transportation. The Comptroller
General of the United States shall cooperate with the Privacy
and Civil Liberties Board in the preparation of the report.
To the greatest extent consistent with the protection of
classified information and applicable law, the report shall
be in unclassified form and available to the public, with a
classified annex where necessary.
(d) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section shall become
effective on the date of enactment of this Act.
______

SA 3916. Mr. LEAHY 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 132, line 23, strike ``and''.
On page 133, line 3, strike the period and insert ``;
and''.
On page 133, between lines 3 and 4, insert the following:
(L) utilizing privacy-enhancing technologies that minimize
the dissemination and disclosure of personally identifiable
information.
On page 153, between lines 2 and 3, insert the following:
(o) Limitation on Funds.--Notwithstanding any other
provision of this section, none of the funds provided
pursuant to subsection (n) may be obligated for deployment or
implementation of the Network under subsection (f) unless--
(1) the guidelines and requirements under subsection (e)
are submitted to Congress; and
(2) the Privacy and Civil Liberties Oversight Board submits
to Congress an assessment of whether those guidelines and
requirements incorporate the necessary architectural,
operational, technological, and procedural safeguards to
protect privacy and civil liberties.
______

SA 3917. Mr. LEAHY (for himself and Mr. Grassley) 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. __. FBI TRANSLATOR REPORTING REQUIREMENT.

Section 205(c) of Public Law 107-56 (28 U.S.C. 532 note,
115 Stat. 282) is amended to read as follows:
``(c) Report.--Not later than 30 days after the date of
enactment of the National Intelligence Reform Act of 2004,
and annually thereafter, the Attorney General of the United
States shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, that contains, with respect to
each preceding 12-month period--
``(1) the number of translators employed, or contracted
for, by the Federal Bureau of Investigation or other
components of the Department of Justice;
``(2) any legal or practical impediments to using
translators employed by other Federal, State, or local
agencies on a full, part-time, or shared basis;
``(3) the needs of the Federal Bureau of Investigation for
the specific translation services in certain languages, and
recommendations for meeting those needs;
``(4) the status of any automated statistical reporting
system, including implementation and future viability;
``(5) the storage capabilities of the digital collection
system or systems utilized;
``(6) a description of the establishment and compliance
with audio retention policies that satisfy the investigative
and intelligence goals of the Federal Bureau of
Investigation;
``(7) a description of the implementation of quality
control procedures and mechanisms for monitoring compliance
with quality control procedures; and
``(8) the current counterterrorism and counterintelligence
audio backlog and recommendations for alleviating any
backlog.''.
______

SA 3918. Mr. LEAHY 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. __. WHISTLEBLOWER PROTECTION.

(a) Short Title.--This section may be cited as the
``Congressional Right to Know Act''.
(b) Findings.--Congress adopts herein specified findings of
the National Commission on Terrorist Attacks Upon the United
States (``9-11 Commission'') contained in the ``9-11
Commission Report'' issued on July 22, 2004, and makes
further findings as follows:
(1) Prior to September 11, 2001, there were warnings of
whistleblowers at the Federal Bureau of Investigation, and
other national security professionals about security
breakdowns in air security, border control and emergency
planning.
(2) Whistleblowers throughout the Executive branch who
lawfully exercised the freedom to warn were subjected to
retaliation without effective legal defense.
(3) Safe communications channels that effectively protect
the freedom to warn serve Congress' right to know and are the
lifeline for the Commission's ``most difficult and
important'' goal of ``strengthening congressional oversight
to improve quality and accountability''.
(4) Effectively protecting whistleblowers' freedom to warn
is the necessary foundation to implement and enforce 9-11
Commission reforms over entrenched institutional resistance,
so that the pattern of announced reforms not effecting the
necessary institutional and cultural changes does not happen
again.
(5) Whistleblowers lawfully exercising the freedom to warn
personify the 9-11 Commission's conclusion that the ``choice
between security and liberty is a false choice'' because they
use freedom to strengthen America's security.
(6) Whistleblowers exercising the freedom to warn are
indispensable for ``an enhanced system of checks and balances
to protect the precious liberties that are vital to our way
of life'' by acting as sentinels who defend the principle
that ``if our liberties are curtailed, we lose the values
that we are struggling to defend''.
(7) Effective whistleblower protection is a cornerstone
principle necessary for the Commission's institutional goal
that ``[g]ood people'' should not have to ``overcome bad
structures''.
(8) Effectively protecting the individual employee's
freedom to warn is a prerequisite to strengthen national
security by replacing the ``need to know'' culture of
excessive agency compartmentalization with a ``need to
share'' culture promoting a ``duty to the information'' and
the American taxpayers.
(9) Creating a safe channel to effectively exercise the
freedom to warn implements the 9-11 Commission's goal for
policies ``that simultaneously empower and constrain
officials, telling them clearly what is and what is not
permitted''.
(10) Creating a safe channel to effectively exercise the
freedom to warn of breaches in professional security
standards serves the 9-11 Commission's premise that
professional expertise should have priority over
institutional concerns.
(c) Jurisdiction.--This section shall apply to any Federal
employee, including the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence Agency,
the National Imagery and Mapping Agency, the National
Security Agency, the Department of Homeland Security, the
Transportation Security Administration, or any other employee
of the United States, as defined by section 2105 of title 5,
United States Code, and to any employee or agent of an entity
subject to liability under sections 3729 et. seq. of title 5,
United States Code, the False Claims Act.
(d) Prohibited Discrimination.--No person covered by
subsection (c) may be discharged, demoted, suspended,
threatened, harassed, investigated other than any ministerial
or nondiscretionary fact finding activities necessary for the
agency to perform its mission, or in any other manner
discriminated against, including denial, suspension,
revocation, or other determination relating to a security
clearance or any other access determination because the
person--
(1) is about to or provides information, causes information
to be provided, or otherwise communicates with any Member of
Congress or any committee of Congress as provided by section
7211 of title 5, United States Code, the Lloyd LaFollette Act
of 1912, including disclosure of protected information under
Public Law 105-272, the Intelligence Community Whistleblower
Protection Act;
(2)(A) is about to, or communicates or provides information
whose disclosure is not specifically prohibited by law and if
such information is not specifically required by Executive
order to be kept secret in the interest of national defense
or the conduct of foreign affairs, cause such information to
be communicated or provided, or otherwise assists in any
lawful investigation of other action to carry out the
government's responsibilities regarding any conduct which the
person reasonably believes is evidence of any violation of
any law, rule or regulation, gross waste, gross
mismanagement, abuse of authority, or a substantial and
specific danger to public health or safety when the
information or assistance is provided to or the investigation
is conducted by--
(i) the President or the President's authorized
representative;

[[Page S10150]]

(ii) a Federal regulatory or law enforcement agency;
(iii) any Member of Congress or any committee of Congress;
or
(iv) a witness, coworker, or person with supervisory
authority over the person (or such other person who has the
authority to investigate, discover, or terminate misconduct);
or
(B) if communication of otherwise-covered information is
specifically prohibited by law and if such information is
required by Executive Order to be kept secret in the interest
of national defense or the conduct of foreign affairs, it may
be communicated to Congress pursuant to paragraph (1), the
Special Counsel, the Inspector General of an agency, or
another employee designated by the head of the agency to
receive such disclosures;
(3) is about to or files, causes to be filed, testify,
participate in, or otherwise assist in a proceeding or action
filed or about to be filed relating to a violation of any
law, rule, or regulation, or take any other lawful action to
assist in carrying out the purposes of the law, rule, or
regulation;
(4) is about to or refuses to violate or assist in the
violation of any law, rule, or regulation;
(5) is about to or communicates or provides information
protected by this subsection or cause such information to be
provided or otherwise communicated, notwithstanding any
nondisclosure policy, form, or agreement, if such policy,
form, or agreement does not contain the following statement,
with an additional reference to this Act: ``These provisions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive order No. 12958, section
7211 of title 5, United States Code, United States Code
(governing disclosures to Congress), section 1034 of title
10, United States Code (governing disclosure to Congress by
members of the military), section 2302(b)(8) of title 5,
United States Code (governing disclosures of illegality,
waste, fraud, abuse, or public health or safety threats), the
Intelligence Identities Protection Act of 1982 (50 U.S.C. 421
et seq.) (governing disclosures that could expose
confidential Government agents), and the statutes which
protect against disclosures that could compromise national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)).
The definitions, requirements, obligations, rights,
sanctions, and liabilities created by such Executive order
and such statutory provisions are incorporated into this
agreement and are controlling.'';
(e) Clarification of Whistleblower Rights for Critical
Infrastructure Information.--Section 214(c) of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by
adding at the end the following: ``For purposes of this
section a permissible use of independently obtained
information includes the disclosure of such information under
section 7211 of title 5, United States Code, and section
2302(b)(8) of title 5, United States Code and the provisions
of this Act.''.
(f) Protected Activities.--Activities protected by this
section is covered without restriction to time, place, form,
motive, context, policy or prior disclosure made to any
person by an employee or applicant, including a disclosure
made in the ordinary course of an employee's duties;
(g) Presumptions.--For purposes of this section, any
presumption relating to the performance of a duty by an
employee who has authority to take, direct others to take,
recommend, or approve any personnel action may be rebutted by
substantial evidence.
(h) Determinations.--For purposes of subsection (d)(2), a
determination as to whether an employee or applicant
reasonably believes that they have provided or otherwise
communicated information that evidences any violation of law,
rule, regulation, gross mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific
danger to public health or safety shall be made by
determining whether a disinterested observer with knowledge
of the essential facts known to and readily ascertainable by
the employee would reasonably conclude that the actions
evidence such violations, mismanagement, waste, abuse, or
danger.
(i) Enforcement Action.--
(1) In general.--A person who alleges discharge or other
discrimination by any person in violation of this section may
seek relief under this subsection, by--
(A) filing a complaint with the Merit Systems Protection
Board for a violation of sections 2302(b)(8), 2302(b)(9), or
2302(b)(11) of title 5, United States Code; or
(B) if the Board has not issued a final decision within 180
days of the filing of the complaint and there is no showing
that such delay is due to the bad faith of the claimant,
bringing an action at law or equity for de novo review in the
appropriate district court of the United States, which shall
have jurisdiction over such an action without regard to the
amount in controversy.
(2) Procedure.--
(A) Burdens of proof.--An action brought under this section
shall be governed by the legal burdens of proof set forth in
sections 1214 and 1221 of title 5, United States Code.
(B) Statute of limitations.--An action under paragraph (1)
shall be commenced not later than 1 year after the date on
which the violation occurs.
(j) Rights Retained by Person.--Nothing in this section
shall be deemed to diminish the rights, privileges, or
remedies of any person under any Federal or State law, or
under any collective bargaining agreement.
(k) Remedies.--
(1) In general.--A person prevailing in any action under
subsection (i) shall be entitled to all relief necessary to
make the person whole.
(2) Damages.--Relief for any action under paragraph (1)
shall include--
(A) reinstatement or transfer to the first available
position for which the person is qualified with the same
seniority status that the person would have had, but for the
discrimination;
(B) the amount of any back pay, with interest; and
(C) compensation for any compensatory, consequential or
special damages sustained as a result of the discrimination,
including litigation costs, expert witness fees, and
reasonable attorney fees.
______

SA 3919. Mr. LEAHY (for himself and Mr. Grassley) 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:

Add at the end the following:

TITLE IV--REFORM OF FEDERAL BUREAU OF INVESTIGATION

SEC. 401. SHORT TITLE.

This title may be cited as the ``Federal Bureau of
Investigation Reform Act of 2004''.

Subtitle A--Whistleblower Protection

SEC. 411. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

Section 2303 of title 5, United States Code, is amended to
read as follows:

``Sec. 2303. Prohibited personnel practices in the Federal
Bureau of Investigation

``(a) Definition.--In this section, the term `personnel
action' means any action described in clauses (i) through (x)
of section 2302(a)(2)(A).
``(b) Prohibited Practices.--Any employee of the Federal
Bureau of Investigation who has the authority to take, direct
others to take, recommend, or approve any personnel action,
shall not, with respect to such authority, take or fail to
take a personnel action with respect to any employee of the
Bureau or because of--
``(1) any disclosure of information by the employee to the
Attorney General (or an employee designated by the Attorney
General for such purpose), a supervisor of the employee, the
Inspector General for the Department of Justice, or a Member
of Congress that the employee reasonably believes evidences--
``(A) a violation of any law, rule, or regulation; or
``(B) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety; or
``(2) any disclosure of information by the employee to the
Special Counsel of information that the employee reasonably
believes evidences--
``(A) a violation of any law, rule, or regulation; or
``(B) mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public
health or safety,

if such disclosure is not specifically prohibited by law and
if such information is not specifically required by Executive
order to be kept secret in the interest of national defense
or the conduct of foreign affairs.
``(c) Individual Right of Action.--Chapter 12 of this title
shall apply to an employee of the Federal Bureau of
Investigation who claims that a personnel action has been
taken under this section against the employee as a reprisal
for any disclosure of information described in subsection
(b)(2).
``(d) Regulations.--The Attorney General shall prescribe
regulations to ensure that a personnel action under this
section shall not be taken against an employee of the Federal
Bureau of Investigation as a reprisal for any disclosure of
information described in subsection (b)(1), and shall provide
for the enforcement of such regulations in a manner
consistent with applicable provisions of sections 1214 and
1221, and in accordance with the procedures set forth in
sections 554 through 557 and 701 through 706.''.

Subtitle B--FBI Security Career Program

SEC. 421. SECURITY MANAGEMENT POLICIES.

The Attorney General shall establish policies and
procedures for the effective management (including accession,
education, training, and career development) of persons
serving in security positions in the Federal Bureau of
Investigation.

SEC. 422. DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION.

(a) In General.--Subject to the authority, direction, and
control of the Attorney General, the Director of the Federal
Bureau of Investigation (referred to in this subtitle as the
``Director'') shall carry out all powers, functions, and
duties of the Attorney General with respect to the security
workforce in the Federal Bureau of Investigation.
(b) Policy Implementation.--The Director shall ensure that
the policies of the Attorney

[[Page S10151]]

General established in accordance with this title are
implemented throughout the Federal Bureau of Investigation at
both the headquarters and field office levels.

SEC. 423. DIRECTOR OF SECURITY.

The Director shall appoint a Director of Security, or such
other title as the Director may determine, to assist the
Director in the performance of the duties of the Director
under this title.

SEC. 424. SECURITY CAREER PROGRAM BOARDS.

(a) Establishment.--The Director acting through the
Director of Security shall establish a security career
program board to advise the Director in managing the hiring,
training, education, and career development of personnel in
the security workforce of the Federal Bureau of
Investigation.
(b) Composition of Board.--The security career program
board shall include--
(1) the Director of Security (or a representative of the
Director of Security);
(2) the senior officials, as designated by the Director,
with responsibility for personnel management;
(3) the senior officials, as designated by the Director,
with responsibility for information management;
(4) the senior officials, as designated by the Director,
with responsibility for training and career development in
the various security disciplines; and
(5) such other senior officials for the intelligence
community as the Director may designate.
(c) Chairperson.--The Director of Security (or a
representative of the Director of Security) shall be the
chairperson of the board.
(d) Subordinate Boards.--The Director of Security may
establish a subordinate board structure to which functions of
the security career program board may be delegated.

SEC. 425. DESIGNATION OF SECURITY POSITIONS.

(a) Designation.--The Director shall designate, by
regulation, those positions in the Federal Bureau of
Investigation that are security positions for purposes of
this title.
(b) Required Positions.--In designating security positions
under subsection (a), the Director shall include, at a
minimum, all security-related positions in the areas of--
(1) personnel security and access control;
(2) information systems security and information assurance;
(3) physical security and technical surveillance
countermeasures;
(4) operational, program, and industrial security; and
(5) information security and classification management.

SEC. 426. CAREER DEVELOPMENT.

(a) Career Paths.--The Director shall ensure that
appropriate career paths for personnel who wish to pursue
careers in security are identified in terms of the education,
training, experience, and assignments necessary for career
progression to the most senior security positions and shall
make available published information on those career paths.
(b) Limitation on Preference for Special Agents.--
(1) In general.--Except as provided in the policy
established under paragraph (2), the Attorney General shall
ensure that no requirement or preference for a Special Agent
of the Federal Bureau of Investigation (referred to in this
subtitle as a ``Special Agent'') is used in the consideration
of persons for security positions.
(2) Policy.--The Attorney General shall establish a policy
that permits a particular security position to be specified
as available only to Special Agents, if a determination is
made, under criteria specified in the policy, that a Special
Agent--
(A) is required for that position by law;
(B) is essential for performance of the duties of the
position; or
(C) is necessary for another compelling reason.
(3) Report.--Not later than December 15 of each year, the
Director shall submit to the Attorney General a report that
lists--
(A) each security position that is restricted to Special
Agents under the policy established under paragraph (2); and
(B) the recommendation of the Director as to whether each
restricted security position should remain restricted.
(c) Opportunities To Qualify.--The Attorney General shall
ensure that all personnel, including Special Agents, are
provided the opportunity to acquire the education, training,
and experience necessary to qualify for senior security
positions.
(d) Best Qualified.--The Attorney General shall ensure that
the policies established under this title are designed to
provide for the selection of the best qualified individual
for a position, consistent with other applicable law.
(e) Assignments Policy.--The Attorney General shall
establish a policy for assigning Special Agents to security
positions that provides for a balance between--
(1) the need for personnel to serve in career enhancing
positions; and
(2) the need for requiring service in each such position
for sufficient time to provide the stability necessary to
carry out effectively the duties of the position and to allow
for the establishment of responsibility and accountability
for actions taken in the position.
(f) Length of Assignment.--In implementing the policy
established under subsection (b)(2), the Director shall
provide, as appropriate, for longer lengths of assignments to
security positions than assignments to other positions.
(g) Performance Appraisals.--The Director shall provide an
opportunity for review and inclusion of any comments on any
appraisal of the performance of a person serving in a
security position by a person serving in a security position
in the same security career field.
(h) Balanced Workforce Policy.--In the development of
security workforce policies under this Act with respect to
any employees or applicants for employment, the Attorney
General shall, consistent with the merit system principles
set out in paragraphs (1) and (2) of section 2301(b) of title
5, United States Code, take into consideration the need to
maintain a balanced workforce in which women and members of
racial and ethnic minority groups are appropriately
represented in Government service.

SEC. 427. GENERAL EDUCATION, TRAINING, AND EXPERIENCE
REQUIREMENTS.

(a) In General.--The Director shall establish education,
training, and experience requirements for each security
position, based on the level of complexity of duties carried
out in the position.
(b) Qualification Requirements.--Before being assigned to a
position as a program manager or deputy program manager of a
significant security program, a person--
(1) must have completed a security program management
course that is accredited by the Intelligence Community-
Department of Defense Joint Security Training Consortium or
is determined to be comparable by the Director; and
(2) must have not less than 6 years experience in security,
of which not less than 2 years were performed in a similar
program office or organization.

SEC. 428. EDUCATION AND TRAINING PROGRAMS.

(a) In General.--The Director, in consultation with the
Director of Central Intelligence and the Secretary of
Defense, shall establish and implement education and training
programs for persons serving in security positions in the
Federal Bureau of Investigation.
(b) Other Programs.--The Director shall ensure that
programs established under subsection (a) are established and
implemented, to the maximum extent practicable, uniformly
with the programs of the Intelligence Community and the
Department of Defense.

SEC. 429. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

(a) In General.--The Attorney General shall submit any
requirement that is established under section 427 to the
Director of the Office of Personnel Management for approval.
(b) Final Approval.--If the Director does not disapprove
the requirements established under section 427 within 30 days
after the date on which the Director receives the
requirement, the requirement is deemed to be approved by the
Director of the Office of Personnel Management.

Subtitle C--FBI Counterintelligence Polygraph Program

SEC. 431. DEFINITIONS.

In this subtitle:
(1) Polygraph program.--The term ``polygraph program''
means the counterintelligence screening polygraph program
established under section 432.
(2) Polygraph review.--The term ``Polygraph Review'' means
the review of the scientific validity of the polygraph for
counterintelligence screening purposes conducted by the
Committee to Review the Scientific Evidence on the Polygraph
of the National Academy of Sciences.

SEC. 432. ESTABLISHMENT OF PROGRAM.

Not later than 6 months after the date of enactment of this
Act, the Attorney General, in consultation with the Director
of the Federal Bureau of Investigation and the Director of
Security of the Federal Bureau of Investigation, shall
establish a counterintelligence screening polygraph program
for the Federal Bureau of Investigation that consists of
periodic polygraph examinations of employees, or contractor
employees of the Federal Bureau of Investigation who are in
positions specified by the Director of the Federal Bureau of
Investigation as exceptionally sensitive in order to minimize
the potential for unauthorized release or disclosure of
exceptionally sensitive information.

SEC. 433. REGULATIONS.

(a) In General.--The Attorney General shall prescribe
regulations for the polygraph program in accordance with
subchapter II of chapter 5 of title 5, United States Code
(commonly referred to as the Administrative Procedures Act).
(b) Considerations.--In prescribing regulations under
subsection (a), the Attorney General shall--
(1) take into account the results of the Polygraph Review;
and
(2) include procedures for--
(A) identifying and addressing false positive results of
polygraph examinations;
(B) ensuring that adverse personnel actions are not taken
against an individual solely by reason of the physiological
reaction of the individual to a question in a polygraph
examination, unless--
(i) reasonable efforts are first made independently to
determine through alternative means, the veracity of the
response of the individual to the question; and
(ii) the Director of the Federal Bureau of Investigation
determines personally that the personnel action is justified;

[[Page S10152]]

(C) ensuring quality assurance and quality control in
accordance with any guidance provided by the Department of
Defense Polygraph Institute and the Director of Central
Intelligence; and
(D) allowing any employee or contractor who is the subject
of a counterintelligence screening polygraph examination
under the polygraph program, upon written request, to have
prompt access to any unclassified reports regarding an
examination that relates to any adverse personnel action
taken with respect to the individual.

SEC. 434. REPORT ON FURTHER ENHANCEMENT OF FBI PERSONNEL
SECURITY PROGRAM.

(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report setting forth
recommendations for any legislative action that the Director
considers appropriate in order to enhance the personnel
security program of the Federal Bureau of Investigation.
(b) Polygraph Review Results.--Any recommendation under
subsection (a) regarding the use of polygraphs shall take
into account the results of the Polygraph Review.

Subtitle D--Reports

SEC. 441. REPORT ON LEGAL AUTHORITY FOR FBI PROGRAMS AND
ACTIVITIES.

(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report describing the statutory and other legal
authority for all programs and activities of the Federal
Bureau of Investigation.
(b) Contents.--The report submitted under subsection (a)
shall describe--
(1) the titles within the United States Code and the
statutes for which the Federal Bureau of Investigation
exercises investigative responsibility;
(2) each program or activity of the Federal Bureau of
Investigation that has express statutory authority and the
statute which provides that authority; and
(3) each program or activity of the Federal Bureau of
Investigation that does not have express statutory authority,
and the source of the legal authority for that program or
activity.
(c) Recommendations.--The report submitted under subsection
(a) shall recommend whether--
(1) the Federal Bureau of Investigation should continue to
have investigative responsibility for each statute for which
the Federal Bureau of Investigation currently has
investigative responsibility;
(2) the legal authority for any program or activity of the
Federal Bureau of Investigation should be modified or
repealed;
(3) the Federal Bureau of Investigation should have express
statutory authority for any program or activity of the
Federal Bureau of Investigation for which the Federal Bureau
of Investigation does not currently have express statutory
authority; and
(4) the Federal Bureau of Investigation should--
(A) have authority for any new program or activity; and
(B) express statutory authority with respect to any new
programs or activities.

Subtitle E--Ending the Double Standard

SEC. 451. ALLOWING DISCIPLINARY SUSPENSIONS OF MEMBERS OF THE
SENIOR EXECUTIVE SERVICE FOR 14 DAYS OR LESS.

Section 7542 of title 5, United States Code, is amended by
striking ``for more than 14 days''.

SEC. 452. SUBMITTING OFFICE OF PROFESSIONAL RESPONSIBILITY
REPORTS TO CONGRESSIONAL COMMITTEES.

(a) In General.--For each of the 5 years following the date
of enactment of this Act, the Office of the Inspector General
shall submit to the chairperson and ranking member of the
Committees on the Judiciary of the Senate and the House of
Representatives an annual report to be completed by the
Federal Bureau of Investigation, Office of Professional
Responsibility and provided to the Inspector General, which
sets forth--
(1) basic information on each investigation completed by
that Office;
(2) the findings and recommendations of that Office for
disciplinary action; and
(3) what, if any, action was taken by the Director of the
Federal Bureau of Investigation or the designee of the
Director based on any such recommendation.
(b) Contents.--In addition to all matters already included
in the annual report described in subsection (a), the report
shall also include an analysis of--
(1) whether senior Federal Bureau of Investigation
employees and lower level Federal Bureau of Investigation
personnel are being disciplined and investigated similarly;
and
(2) whether any double standard is being employed to more
senior employees with respect to allegations of misconduct.

Subtitle F--Enhancing Security at the Department of Justice

SEC. 461. REPORT ON THE PROTECTION OF SECURITY AND
INFORMATION AT THE DEPARTMENT OF JUSTICE.

Not later than 9 months after the date of enactment of this
Act, the Attorney General shall submit to Congress a report
on the manner in which the Security and Emergency Planning
Staff, the Office of Intelligence Policy and Review, and the
Chief Information Officer of the Department of Justice plan
to improve the protection of security and information at the
Department of Justice, including a plan to establish secure
electronic communications between the Federal Bureau of
Investigation and the Office of Intelligence Policy and
Review for processing information related to the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.).

SEC. 462. AUTHORIZATION FOR INCREASED RESOURCES TO PROTECT
SECURITY AND INFORMATION.

There are authorized to be appropriated to the Department
of Justice for the activities of the Security and Emergency
Planning Staff to meet the increased demands to provide
personnel, physical, information, technical, and litigation
security for the Department of Justice, to prepare for
terrorist threats and other emergencies, and to review
security compliance by components of the Department of
Justice--
(1) $13,000,000 for fiscal years 2004 and 2005;
(2) $17,000,000 for fiscal year 2006; and
(3) $22,000,000 for fiscal year 2007.

SEC. 463. AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL
NATIONAL SECURITY MISSION OF THE DEPARTMENT OF
JUSTICE.

There are authorized to be appropriated to the Department
of Justice for the activities of the Office of Intelligence
Policy and Review to help meet the increased personnel
demands to combat terrorism, process applications to the
Foreign Intelligence Surveillance Court, participate
effectively in counterespionage investigations, provide
policy analysis and oversight on national security matters,
and enhance secure computer and telecommunications
facilities--
(1) $7,000,000 for fiscal years 2004 and 2005;
(2) $7,500,000 for fiscal year 2006; and
(3) $8,000,000 for fiscal year 2007.
______

SA 3920. Mr. LEAHY (for himself and Mr. Grassley) 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 177, after line 17, add the following:

Subtitle D--Foreign Intelligence Surveillance

SEC. 231. SHORT TITLE.

This subtitle may be cited as the ``Domestic Surveillance
Oversight Act of 2004''.

SEC. 232. IMPROVEMENTS TO FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978.

(a) Rules and Procedures for FISA Courts.--Section 103 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803) is amended by adding at the end the following new
subsection:
``(e)(1) The courts established pursuant to subsections (a)
and (b) may establish such rules and procedures, and take
such actions, as are reasonably necessary to administer their
responsibilities under this Act.
``(2) The rules and procedures established under paragraph
(1), and any modifications of such rules and procedures,
shall be recorded, and shall be transmitted to the following:
``(A) All of the judges on the court established pursuant
to subsection (a).
``(B) All of the judges on the court of review established
pursuant to subsection (b).
``(C) The Chief Justice of the United States.
``(D) The Committee on the Judiciary of the Senate.
``(E) The Select Committee on Intelligence of the Senate.
``(F) The Committee on the Judiciary of the House of
Representatives.
``(G) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
(b) Reporting Requirements.--(1) The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further
amended--
(A) by redesignating title VI as title VII, and section 601
as section 701, respectively; and
(B) by inserting after title V the following new title:

``TITLE VI--PUBLIC REPORTING REQUIREMENT

``public report of the attorney general

``Sec. 601. In addition to the reports required by sections
107, 108, 306, 406, and 502, in April of each year, the
Attorney General shall issue a public report setting forth
with respect to the preceding calendar year--
``(1) the aggregate number of United States persons
targeted for orders issued under this Act, including those
targeted for--
``(A) electronic surveillance under section 105;
``(B) physical searches under section 304;
``(C) pen registers under section 402; and
``(D) access to records under section 501;
``(2) the number of times that the Attorney General has
authorized that information obtained under such sections or
any information derived therefrom may be used in a criminal
proceeding;
``(3) the number of times that a statement was completed
pursuant to section 106(b), 305(c), or 405(b) to accompany a
disclosure of information acquired under this Act for law
enforcement purposes; and
``(4) in a manner consistent with the protection of the
national security of the United States--
``(A) the portions of the documents and applications filed
with the courts established under section 103 that include
significant construction or interpretation of the provisions
of this Act or any provision of the

[[Page S10153]]

United States Constitution, not including the facts of any
particular matter, which may be redacted;
``(B) the portions of the opinions and orders of the courts
established under section 103 that include significant
construction or interpretation of the provisions of this Act
or any provision of the United States Constitution, not
including the facts of any particular matter, which may be
redacted; and
``(C) in the first report submitted under this section, the
matters specified in subparagraphs (A) and (B) for all
documents and applications filed with the courts established
under section 103, and all otherwise unpublished opinions and
orders of that court, for the 4 years before the preceding
calendar year in addition to that year.''.
(2) The table of contents for that Act is amended by
striking the items for title VI and inserting the following
new items:

``TITLE VI--PUBLIC REPORTING REQUIREMENT

``Sec. 601.  Public report of the Attorney General.

``TITLE VII--EFFECTIVE DATE

``Sec. 701.  Effective date.''.

SEC. 233. ADDITIONAL IMPROVEMENTS OF CONGRESSIONAL OVERSIGHT
OF SURVEILLANCE ACTIVITIES.

(a) Title 18, United States Code.--Section 2709(e) of title
18, United States Code, is amended by adding at the end the
following new sentence: ``The information shall include a
separate statement of all such requests made of institutions
operating as public libraries or serving as libraries of
secondary schools or institutions of higher education.''.
(b) Right to Financial Privacy Act of  1978.--Section
1114(a)(5)(C) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3414(a)(5)(C)) is amended to read as follows:
``(C)(i) On a semiannual basis the Attorney General shall
fully inform the congressional intelligence committees, the
Committee on the Judiciary of the House of Representatives,
and the Committee on the Judiciary of the Senate concerning
all requests made pursuant to this paragraph.
``(ii) In the case of the semiannual reports required to be
submitted under clause (i) to the congressional intelligence
committees, the submittal dates for such reports shall be as
provided in section 507 of the National Security Act of 1947.
``(iii) In this subparagraph, the term `congressional
intelligence committees' has the meaning given that term in
section 3 of the National Security Act of 1947 (50 U.S.C.
401a).''.
(c) Fair Credit Reporting Act.--Section 625(h)(1) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(h)(1)), as amended
by section 811(b)(8)(B) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306), is further
amended--
(1) by striking ``and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives'' and inserting
``, the Committee on Financial Services, and the Committee on
the Judiciary of the House of Representatives''; and
(2) by striking ``and the Committee on Banking, Housing,
and Urban Affairs of the Senate'' and inserting ``, the
Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate''.
______

SA 3921. Mr. LEAHY 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. __. ANTHRAX VICTIMS FUND.

(a) 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).
(b) Compensation for Victims of Terrorist Acts.--
(1) Definitions.--Section 402(6) is amended by inserting
``or related to a terrorist-related laboratory-confirmed
anthrax infection in the United States during the period
beginning on September 13, 2001, through November 30, 2001''
before the period.
(2) Purpose.--Section 403 is amended by inserting ``or as a
result of a terrorist-related laboratory-confirmed anthrax
infection in the United States during the period beginning on
September 13, 2001, through November 30, 2001'' before the
period.
(3) Determination of eligibility for compensation.--
(A) Claim form contents.--Section 405(a)(2)(B) is amended--
(i) in clause (i), by inserting ``or as a result of a
terrorist-related laboratory-confirmed anthrax infection in
the United States during the period beginning on September
13, 2001, through November 30, 2001'' before the semicolon;
(ii) in clause (ii), by inserting ``or terrorist-related
laboratory-confirmed anthrax infection'' before the
semicolon; and
(iii) in clause (iii), by inserting ``or terrorist-related
laboratory-confirmed anthrax infection'' before the period.
(B) Limitation.--Section 405(a)(3) is amended by striking
``2 years'' and inserting ``3 years''.
(C) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``or as a result of a terrorist-related
laboratory-confirmed anthrax infection in the United States
during the period beginning on September 13, 2001, through
November 30, 2001'' before the period.
(D) Eligibility.--
(i) Individuals.--Section 405(c)(2) is amended--

(I) in subparagraph (B), by striking ``or'' after the
semicolon;
(II) in subparagraph (C)--

(aa) by striking ``or (B)'' and inserting ``, (B), or
(C)''; and
(bb) striking ``(C)'' and inserting ``(D)''; and

(III) by inserting after subparagraph (B) the following:

``(C) an individual who suffered physical harm or death as
a result of a terrorist-related laboratory-confirmed anthrax
infection in the United States during the period beginning on
September 13, 2001, through November 30, 2001; or ''.
(ii) 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 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 as a result of a terrorist-
related laboratory-confirmed anthrax infection in the United
States during the period beginning on September 13, 2001,
through November 30, 2001. 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 Anthrax Victims Fund
Fairness Act of 2003.
``(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
that individual, or the estate of that individual, has
received any compensation from a civil action or settlement
based on tort related to a terrorist-related laboratory-
confirmed anthrax infection in the United States during the
period beginning on September 13, 2001, through November 30,
2001.
``(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.''.

(iii) 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 a terrorist-related
laboratory-confirmed anthrax infection in the United States
during the period beginning on September 13, 2001, through
November 30, 2001.''.
(c) Regulations.--Not later than 90 days after the date of
enactment of this section, the Attorney General, in
consultation with the Special Master, shall promulgate
regulations to carry out the amendments made by this section,
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 section; and
(5) other matters determined appropriate by the Attorney
General.
______

SA 3922. Mr. DURBIN 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 __--SAFE ACT

SEC. __01. SHORT TITLE.

This title may be cited as the ``Security and Freedom
Ensured Act of 2004'' or the ``SAFE Act''.

SEC. __02. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.

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

[[Page S10154]]

(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A)(i) the identity of the target of electronic
surveillance, if known; or
``(ii) if the identity of the target is not known, a
description of the target and the nature and location of the
facilities and places at which the electronic surveillance
will be directed;
``(B)(i) the nature and location of each of the facilities
or places at which the electronic surveillance will be
directed, if known; and
``(ii) if any of the facilities or places are unknown, the
identity of the target;''; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively; and
(B) by inserting after subparagraph (A), the following:
``(B) in cases where the facility or place at which the
surveillance will be directed is not known at the time the
order is issued, that the surveillance be conducted only when
the presence of the target at a particular facility or place
is ascertained by the person conducting the surveillance;''.

SEC. __03. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH
WARRANTS.

(a) In General.--Section 3103a of title 18, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``may have an adverse
result (as defined in section 2705)'' and inserting ``will--
``(A) endanger the life or physical safety of an
individual;
``(B) result in flight from prosecution; or
``(C) result in the destruction of, or tampering with, the
evidence sought under the warrant''; and
(B) in paragraph (3), by striking ``within a reasonable
period'' and all that follows and inserting ``not later than
7 days after the execution of the warrant, which period may
be extended by the court for an additional period of not more
than 7 days each time the court finds reasonable cause to
believe, pursuant to a request by the Attorney General, the
Deputy Attorney General, or an Associate Attorney General,
that notice of the execution of the warrant will--
``(A) endanger the life or physical safety of an
individual;
``(B) result in flight from prosecution; or
``(C) result in the destruction of, or tampering with, the
evidence sought under the warrant.''; and
(2) by adding at the end the following:
``(c) Reports.--
``(1) In general.--Every 6 months, the Attorney General
shall submit a report to Congress summarizing, with respect
to warrants under subsection (b), the requests made by the
Department of Justice for delays of notice and extensions of
delays of notice during the previous 6-month period.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the preceding 6-month period--
``(A) the number of requests for delays of notice with
respect to warrants under subsection (b), categorized as
granted, denied, or pending; and
``(B) for each request for delayed notice that was granted,
the number of requests for extensions of the delay of notice,
categorized as granted, denied, or pending.
``(3) Public Availability.--The Attorney General shall make
the report submitted under paragraph (1) available to the
public.''.
(b) Sunset Provision.--
(1) In general.--Subsections (b) and (c) of section 3103a
of title 18, United States Code, shall cease to have effect
on December 31, 2005.
(2) Exception.--With respect to any particular foreign
intelligence investigation that began before the date on
which the provisions referred to in paragraph (1) cease to
have effect, or with respect to any particular offense or
potential offense that began or occurred before the date on
which the provisions referred to in paragraph (1) cease to
have effect, such provisions shall continue in effect.

SEC. __04. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND
OTHER PERSONAL RECORDS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) Applications for Orders.--Section 501(b)(2) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(b)(2)) is amended--
(1) by striking ``shall specify that the records'' and
inserting ``shall specify that--
``(A) the records''; and
(2) by striking the period at the end and inserting the
following: ``; and
``(B) there are specific and articulable facts giving
reason to believe that the person to whom the records pertain
is a foreign power or an agent of a foreign power.''.
(b) Orders.--Section 501(c)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended by
striking ``finds that'' and all that follows and inserting
``finds that--
``(A) there are specific and articulable facts giving
reason to believe that the person to whom the records pertain
is a foreign power or an agent of a foreign power; and
``(B) the application meets the other requirements of this
section.''.
(c) Oversight of Requests for Production of Records.--
Section 502(a) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1862) is amended to read as follows:
``(a) On a semiannual basis, the Attorney General shall,
with respect to all requests for the production of tangible
things under section 501, fully inform--
``(1) the Select Committee on Intelligence of the Senate;
``(2) the Committee on the Judiciary of the Senate;
``(3) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(4) the Committee on the Judiciary of the House of
Representatives.''.

SEC. __05. PRIVACY PROTECTIONS FOR COMPUTER USERS AT
LIBRARIES UNDER NATIONAL SECURITY AUTHORITY.

Section 2709 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``A wire'' and inserting the following:
``(1) In general.--A wire''; and
(B) by adding at the end the following:
``(2) Exception.--A library shall not be treated as a wire
or electronic communication service provider for purposes of
this section.''; and
(2) by adding at the end the following:
``(f) Defined Term.--In this section, the term `library'
means a library (as that term is defined in section 213(2) of
the Library Services and Technology Act (20 U.S.C. 9122(2))
whose services include access to the Internet, books,
journals, magazines, newspapers, or other similar forms of
communication in print or digitally to patrons for their use,
review, examination, or circulation.''.

SEC. __06. EXTENSION OF PATRIOT SUNSET PROVISION.

Section 224(a) of the USA PATRIOT ACT (18 U.S.C. 2510 note)
is amended--
(1) by striking ``213, 216, 219,''; and
(2) by inserting ``and section 505'' after ``by those
sections)''.
______

SA 3923. Mr. DURBIN (for himself, Mr. Leahy, and Mr. Sarbanes)
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 154, strike lines 1 through 3 and insert the
following:
(1) analyze and review actions the executive branch takes
to protect the Nation from terrorism, ensuring that the need
for such actions is balanced with the need to protect privacy
and civil liberties; and

On page 155, line 6 strike beginning with ``has'' through
line 9 and insert the following: ``has established--
``(i) that the need for the power is balanced with the need
to protect privacy and civil liberties;''.

On page 166, strike lines 4 through 6 and insert the
following: ``element has established--
``(i) that the need for the power is balanced with the need
to protect privacy and civil liberties;''.
______

SA 3924. Mr. ROBERTS (for himself and Mr. DeWine) 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 124, after line 12, insert the following:
(g) Enterprise Architecture.--(1) The Director of the
Federal Bureau of Investigation shall--
(A) maintain an up to date enterprise architecture or
computer needs blueprint; and
(B) report annually to Congress on this enterprise
architecture and whether the Federal Bureau of Investigation
is complying with the architecture.
(2) If the Director of the Federal Bureau of Investigation
determines that the Federal Bureau of Investigation will not
be able to comply with the architecture within any 3-month
period--
(A) the Director shall make an interim report to Congress
on why there was a failure to comply; and
(B) if the reason is substantially related to resources,
the Director shall submit with the interim notice a request
for additional funding that would resolve the problem or a
request to reprogram funds that would resolve the problem.
______

SA 3925. Mr. KYL 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:

[[Page S10155]]

TITLE __--SOCIAL SECURITY PROTECTION

SEC. __01. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO
IDENTIFICATION OF INDIVIDUALS.

(a) Antifraud Measures for Social Security Cards.--Section
205(c)(2)(G) of the Social Security Act (42 U.S.C.
405(c)(2)(G)) is amended--
(1) by inserting ``(i)'' after ``(G)'';
(2) by striking ``banknote paper'' and inserting ``durable
plastic or similar material''; and
(3) by adding at the end the following new clauses:
``(ii) Each Social security card issued under this
subparagraph shall include an encrypted electronic
identification strip which shall be unique to the individual
to whom the card is issued and such biometric information as
is determined by the Commissioner and the Secretary of
Homeland Security to be necessary for identifying the person
to whom to the card is issued. The Commissioner shall develop
such electronic identification strip in consultation with the
Secretary of Homeland Security, so as to enable employers to
use such strip in accordance with section __03(b) of the
National Intelligence Reform Act of 2004 to obtain access to
the Employment Eligibility Database established by such
Secretary pursuant to section __02 of such Act with respect
to the individual to whom the card is issued.
``(iii) The Commissioner shall provide for the issuance (or
reissuance) to each individual who--
``(I) has been assigned a Social Security account number
under subparagraph (B),
``(II) has attained the minimum age applicable, in the
jurisdiction in which such individual engages in employment,
for legally engaging in such employment, and
``(III) files application for such card under this clause
in such form and manner as shall be prescribed by the
Commissioner,
a social security card which meets the preceding requirements
of this subparagraph.
``(iv) The Commissioner shall maintain an ongoing effort to
develop measures in relation to the social security card and
the issuance thereof to preclude fraudulent use thereof.''.
(b) Sharing of Information With the Secretary of Homeland
Security.--Section 205(c)(2) of such Act is amended by adding
at the end the following new subparagraph:
``(I) Upon the issuance of a Social Security account number
under subparagraph (B) to any individual or the issuance of a
social security card under subparagraph (G) to any
individual, the Commissioner of Social Security shall
transmit to the Secretary of Homeland Security such
information received by the Commissioner in the individual's
application for such number or such card as such Secretary
determines necessary and appropriate for administration of
the National Intelligence Reform Act of 2004.''.
(c) Program to Ensure Veracity of Application
Information.--The Commissioner of Social Security, in
consultation with the Secretary of Homeland Security, shall
develop a program to ensure the accuracy and veracity of the
information and evidence supplied to the Commissioner under
section 205(c)(2)(B)(ii) of the Social Security Act (42
U.S.C. 405(c)(2)(B)(ii)) in connection with an application
for a social security number.
(d) Effective Dates.--The amendment made by subsection (a)
shall apply with respect to social security cards issued
after 2 years after the date of the enactment of this Act.
The amendment made by subsection (b) shall apply with respect
to the issuance of Social Security account numbers and social
security cards after 2 years after the date of the enactment
of this Act.

SEC. __02. EMPLOYMENT ELIGIBILITY DATABASE.

(a) In General.--The Secretary of Homeland Security
(hereinafter in this title referred to as ``the Secretary'')
shall establish and maintain an Employment Eligibility
Database. The Database shall include data comprised of the
citizenship status of individuals and the work and residency
eligibility information (including expiration dates) with
respect to individuals who are not citizens or nationals of
the United States but are authorized to work in the United
States. Such data shall include all such data maintained by
the Department of Homeland Security as of the date of the
establishment of such database and information obtained from
the Commissioner of Social Security pursuant to section
205(c)(2)(I) of the Social Security Act. The Secretary shall
maintain ongoing consultations with the Commissioner to
ensure efficient and effective operation of the Database.
(b) Incorporation of Ongoing Pilot Programs.--To the extent
that the Secretary determines appropriate in furthering the
purposes of subsection (a), the Secretary may incorporate the
information, processes, and procedures employed in connection
with the Citizen Attestation Verification Pilot Program and
the Basic Pilot Program into the operation and maintenance of
the Database under subsection (a).
(c) Confidentiality.--No officer or employee of the
Department of Homeland Security shall have access to any
information contained in the Database for any purpose other
than the establishment of a system of records necessary for
the effective administration of this title or for national
security related purposes (as determined by the Commissioner
of Social Security in consultation with the Secretary of
State and the Secretary of Homeland Security). The Secretary
shall restrict access to such information to officers and
employees of the United States whose duties or
responsibilities require access for the administration or
enforcement of the provisions of this title or for national
security related purposes (as determined under the preceding
sentence). The Secretary shall provide such other safeguards
as the Secretary determines to be necessary or appropriate to
protect the confidentiality of information contained in the
Database.
(d) Deadline for Meeting Requirements.--The Secretary shall
complete the establishment of the Database and provide for
the efficient and effective operation of the Database in
accordance with this section not later than 2 years after the
date of the enactment of this Act.

SEC. __03. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING
WORK IN THE UNITED STATES.

(a) Requirements for Employees.--No individual may commence
employment with an employer in the United States unless such
individual has--
(1) obtained a social security card issued by the
Commissioner of Social Security meeting the requirements of
section 205(c)(2)(G)(iii) of the Social Security Act, and
(2) displayed such card to the employer pursuant to the
employer's request for purposes of the verification required
under subsection (b).
(b) Requirements for Employers.--
(1) In general.--No employer may employ an individual in
the United States in any capacity if, as soon as practical
after such individual has been hired, such individual has not
been verified by the employer to have a social security card
issued to such individual pursuant to section 205(c)(2)(G) of
the Social Security Act and to be authorized to work in the
United States in such capacity. Such verification shall be
made in accordance with procedures prescribed by the
Secretary for the purposes of ensuring against fraudulent use
of the card and accurate and prompt verification of the
authorization of such individual to work in the United States
in such capacity.
(2) Verification procedures.--Such procedures shall include
use of a card-reader device approved by the Secretary that is
capable of reading the electronic identification strip borne
by the card and the biometric information included on the
card so as to verify the identity of the card holder and the
card holder's authorization to work.
(3) Access to database.--The Secretary shall ensure that--
(A) by means of such procedures, the employer will have
such access to the Employment Eligibility Database maintained
by the Secretary so as to enable the employer to obtain
information, relating to the identification, citizenship,
residency, and work eligibility of the individual seeking
employment by the employer in any capacity, which is
necessary to inform the employer as to whether the individual
is authorized to work for the employer in the United States
in such capacity, and
(B) the procedures described in paragraph (2) impose a
minimal financial burden on the employer.
(c) Effective Date.--The requirements of this section shall
apply with respect to the employment of any individual in any
capacity commencing after 2 years after the date of the
enactment of this Act.

SEC. __04. ENFORCEMENT.

(a) Civil Penalties.--The Secretary may assess a penalty,
payable to the Secretary, against any employer who--
(1) continues to employ an individual in the United States
in any capacity who is known by the employer not to be
authorized to work in the United States in such capacity, or
(2) fails to comply with the procedures prescribed by the
Secretary pursuant to section __03 in connection with the
employment of any individual.
Such penalty shall not exceed $50,000 for each occurrence of
a violation described in paragraph (1) or (2) with respect to
the individual, plus, in the event of the removal or
deportation of such individual from the United States based
on findings developed in connection with the assessment or
collection of such penalty, the costs incurred by the Federal
Government in connection with such removal or deportation.
(b) Actions by the Secretary.--If any person is assessed
under subsection (a) and fails to pay the assessment when
due, or any person otherwise fails to meet any requirement of
this title, the Secretary may bring a civil action in any
district court of the United States within the jurisdiction
of which such person's assets are located or in which such
person resides or is found for the recovery of the amount of
the assessment or for appropriate equitable relief to redress
the violation or enforce the provisions of this section, and
process may be served in any other district. The district
courts of the United States shall have jurisdiction over
actions brought under this section by the Secretary without
regard to the amount in controversy.
(c) Criminal Penalty.--Any person who--
(1) continues to employ an individual in the United States
in any capacity who such person knows not to be authorized to
work in the United States in such capacity, or
(2) hires for employment any individual in the United
States and fails to comply with the procedures prescribed by
the Secretary pursuant to section __03(b) in connection with
the hiring of such individual,

[[Page S10156]]

shall upon conviction be fined in accordance with title 18,
United States Code, or imprisoned for not more than 5 years,
or both.

SEC. __05. AUTHORIZATIONS OF APPROPRIATIONS.

(a) Department of Homeland Security.--There are authorized
to be appropriated to the Department of Homeland Security for
each fiscal year beginning on or after October 1, 2004, such
sums as are necessary to carry out the provisions of this
title.
(b) Social Security Administration.--There are authorized
to be appropriated to the Social Security Administration for
each fiscal year beginning on or after October 1, 2004, such
sums as are necessary to carry out the amendments made by
section __01.

SEC. __06. INTEGRATION OF FINGERPRINTING DATABASES.

The Secretary of Homeland Security and the Attorney General
of the United States shall jointly undertake to integrate the
border-patrol fingerprinting identification system maintained
by the Department of Homeland Security with the fingerprint
database maintained by the Federal Bureau of Investigation.
The integration of databases pursuant to this section shall
be completed not later than 2 years after the date of the
enactment of this Act.

SEC. __07. USE OF CARD; RULE OF CONSTRUCTION.

Nothing in this title or the amendments made by this title
shall be construed to establish a national identification
card, and it is the policy of the United States that the
social security card shall not be used as a national
identification card and shall only be used for verification
of an individual's employment status after an offer of
employment has been made and for national security related
purposes of the United States (as determined by the
Commissioner of Social Security in consultation with the
Secretary of State and the Secretary of Homeland Security).
______

SA 3926. Mr. KYL 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, add the following new title:

TITLE IV--VISA REQUIREMENTS

SEC. 401. FINDINGS.

Congress makes the following findings:
(1) Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) governs the admission of nonimmigrants to the
United States and sets forth the process for that admission.
(2) Section 214(b) of the Immigration and Nationality Act
places the burden of proof on a visa applicant to establish
``to the satisfaction of the consular officer, at the time of
the application for a visa . . . that he is entitled to a
nonimmigrant status''.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States included a recommendation that
the United States ``combine terrorist travel intelligence,
operations, and law enforcement in a strategy to intercept
terrorists . . . and constrain terrorist mobility''.
(4) Fifteen of the 19 individuals who participated in the
aircraft hijackings on September 11, 2001, were nationals of
Saudi Arabia who legally entered the United States after
securing nonimmigrant visas despite the fact that they did
not adequately meet the burden of proof required by section
214(b) of the Immigration and Nationality Act.
(5) Prior to September 11, 2001, the Department of State
allowed consular officers to approve nonimmigrant visa
applications that were incomplete, and without conducting
face-to-face interviews of many applicants.
(6) Each of the 15 individuals from Saudi Arabia who
participated in the aircraft hijackings on September 11,
2001, filed a visa application that contained inaccuracies
and omissions that should have prevented such individual from
obtaining a visa.
(7) Only one of the hijackers listed an actual address on
his visa application. The other hijackers simply wrote
answers such as ``California'', ``New York'', or ``Hotel''
when asked to provide a destination inside the United States
on the visa application.
(8) Only 3 of the individuals from Saudi Arabia who
participated in the aircraft hijackings on September 11,
2001, provided any information in the section of the visa
application that requests the name and address of an employer
or school in the United States.
(9) The 2002 General Accounting Office report entitled
``Border Security: Visa Process Should Be Strengthened as
Antiterrorism Tool'' outlined the written guidelines and
practices of the Department of State related to visa issuance
and stated that the Department of State allowed for
widespread discretion among consular officers in adhering to
the burden of proof requirements under section 214(b) of the
Immigration and Nationality Act.
(10) The General Accounting Office report further stated
that the ``Consular Best Practices Handbook'' of the
Department of State gave consular managers and staff the
discretion to ``waive personal appearance and interviews for
certain nonimmigrant visa applicants''.
(11) Only 2 of the 15 individuals from Saudi Arabia who
participated in the aircraft hijackings on September 11,
2001, were interviewed by Department of State consular
officers.
(12) If the Department of State had required all consular
officers to implement section 214(b) of the Immigration and
Nationality Act, conduct face-to-face interviews, and require
that visa applications be completely and accurately filled
out, those who participated in the aircraft hijackings on
September 11, 2001, may have been denied nonimmigrant visas
and the tragedy of September 11, 2001, could have been
prevented.

SEC. 402. IN PERSON INTERVIEWS OF VISA APPLICANTS.

(a) Requirement for Interviews.--Section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202) is amended by
adding at the end the following new subsection:
``(h) Notwithstanding any other provision of this Act, the
Secretary of State shall require every alien applying for a
nonimmigrant visa--
``(1) who is at least 12 years of age and not more than 65
years of age to submit to an in person interview with a
consular officer unless the requirement for such interview is
waived--
``(A) by a consular official and such alien is within that
class of nonimmigrants enumerated in section 101(a)(15)(A) or
101(a)(15)(G) or is granted a diplomatic visa on a diplomatic
passport or on the equivalent thereof;
``(B) by a consular official and such alien is applying for
a visa--
``(i) not more than 12 months after the date on which the
alien's prior visa expired;
``(ii) for the classification under section 101(a)(15) for
which such prior visa was issued;
``(iii) from the consular post located in the country in
which the alien is a national; and
``(iv) the consular officer has no indication that the
alien has not complied with the immigration laws and
regulations of the United States; or
``(C) by the Secretary of State if the Secretary determines
that such waiver is--
``(i) in the national interest of the United States; or
``(ii) necessary as a result of unusual circumstances; and
``(2) notwithstanding paragraph (1), to submit to an in
person interview with a consular officer if such alien--
``(A) is not a national of the country in which the alien
is applying for a visa;
``(B) was previously refused a visa, unless such refusal
was overcome or a waiver of ineligibility has been obtained;
``(C) is listed in the Consular Lookout and Support System
(or successor system at the Department of State);
``(D) may not obtain a visa until a security advisory
opinion or other Department of State clearance is issued
unless such alien is--
``(i) within that class of nonimmigrants enumerated in
section 101(a)(15)(A) or 101(a)(15)(G); and
``(ii) not a national of a country that is officially
designated by the Secretary of State as a state sponsor of
terrorism; or
``(E) is identified as a member of a group or sector that
the Secretary of State determines--
``(i) poses a substantial risk of submitting inaccurate
information in order to obtain a visa;
``(ii) has historically had visa applications denied at a
rate that is higher than the average rate of such denials; or
``(iii) poses a security threat to the United States.''.
(b) Conduct During Interviews.--Section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202), as amended
by subsection (a), is further amended by adding at the end
the following new subsection:
``(i) A consular officer who is conducting an in person
interview with an alien applying for a visa or other
documentation shall--
``(1) make every effort to conduct such interview fairly;
``(2) employ high professional standards during such
interview;
``(3) use best interviewing techniques to elicit pertinent
information to assess the alien's qualifications, including
techniques to identify any potential security concerns posed
by the alien;
``(4) provide the alien with an adequate opportunity to
present evidence establishing the accuracy of the information
in the alien's application; and
``(5) make a careful record of the interview to document
the basis for the final action on the alien's application, if
appropriate.''.

SEC. 403. VISA APPLICATION REQUIREMENTS.

Section 222(c) of the Immigration and Nationality Act (8
U.S.C. 1202(c)) is amended by inserting ``The alien shall
provide complete and accurate information in response to any
request for information contained in the application.'' after
the second sentence.

SEC. 404. EFFECTIVE DATE.

Notwithstanding section 341 or any other provision of this
Act, this title shall take effect 90 days after date of the
enactment of this Act.
______

SA 3927. Mr. INHOFE 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:

Insert the following in the appropriate place:

[[Page S10157]]

TITLE __--CHEMICAL FACILITIES SECURITY

SEC. __0. 1. SHORT TITLE.

This title may be cited as the ``Chemical Facilities
Security Act of 2004''.

SEC. __02. DEFINITIONS.

In this title:
(1) Alternative approaches.--The term ``alternative
approaches'' means ways of reducing the threat of a terrorist
release, as well as reducing the consequences of a terrorist
release from a chemical source, including approaches that--
(A) use smaller quantities of substances of concern;
(B) replace a substance of concern with a less hazardous
substance; or
(C) use less hazardous processes.
(2) Chemical source.--The term ``chemical source'' means a
non-Federal stationary source (as defined in section
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2))) for
which--
(A) the owner or operator is required to complete a risk
management plan in accordance with section 112(r)(7)(B)(ii)
of the Clean Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); and
(B) the Secretary is required to promulgate implementing
regulations under section __03(a) of this title.
(3) Consideration.--The term ``consideration'' includes--
(A) an analysis of alternative approaches, including the
benefits and risks of such approaches;
(B) the potential of the alternative approaches to prevent
or reduce the threat or consequences of a terrorist release;
(C) the cost and technical feasibility of alternative
approaches; and
(D) the effect of alternative approaches on product
quality, product cost, and employee safety.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Environment.--The term ``environment'' has the meaning
given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601).
(6) Owner or operator.--The term ``owner or operator'' has
the meaning given the term in section 112(a) of the Clean Air
Act (42 U.S.C. 7412(a)).
(7) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Security measure.--
(A) In general.--The term ``security measure'' means an
action carried out to ensure or enhance the security of a
chemical source.
(B) Inclusions.--The term ``security measure'', with
respect to a chemical source, includes measures such as--
(i) an employee training and background check;
(ii) the limitation and prevention of access to controls of
the chemical source;
(iii) the protection of the perimeter of the chemical
source;
(iv) the installation and operation of intrusion detection
sensors;
(v) the implementation of measures to increase computer or
computer network security;
(vi) the implementation of other security-related measures
to protect against or reduce the threat of--

(I) a terrorist attack on the chemical source; or
(II) the theft of a substance of concern for offsite
release in furtherance of an act of terrorism;

(vii) the installation of measures and controls to protect
against or reduce the consequences of a terrorist attack; and
(viii) the conduct of any similar security-related
activity, as determined by the Secretary.
(10) Substance of concern.--The term ``substance of
concern'' means--
(A) a chemical substance present at a chemical source in
quantities equal to or exceeding the threshold quantities for
the chemical substance, as defined in or established under
paragraphs (3) and (5) of section 112(r) of the Clean Air Act
(42 U.S.C. 7412(r)); and
(B) such other chemical substance as the Secretary may
designate under section __03(g).
(11) Terrorism.--The term ``terrorism'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(12) Terrorist release.--The term ``terrorist release''
means--
(A) a release from a chemical source into the environment
of a substance of concern that is caused by an act of
terrorism; and
(B) the theft of a substance of concern by a person for
off-site release in furtherance of an act of terrorism.

SEC. __03. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

(a) Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations that require the owner or operator of each
chemical source included on the list described in subsection
(f)(1)--
(A) to conduct an assessment of the vulnerability of the
chemical source to a terrorist release, including identifying
hazards that may result from a terrorist release; and
(B) to prepare and implement a site security plan that
addresses the results of the vulnerability assessment.
(2) Contents of site security plan.--A site security plan
required under the regulations promulgated under paragraph
(1) or any other plan determined to be substantially
equivalent by the Secretary under subsection (c)--
(A) shall include security measures to significantly reduce
the vulnerability of the chemical source covered by the plan
to a terrorist release;
(B) shall describe, at a minimum, particular equipment,
plans, and procedures that could be implemented or used by or
at the chemical source in the event of a terrorist release;
and
(C) shall include consideration and, where practicable in
the judgment of the owner or operator of the chemical source,
implementation of options to reduce the threat of a terrorist
release through the use of alternative approaches.
(3) Promulgation.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations establishing procedures, protocols, regulations,
and standards for vulnerability assessments and site security
plans.
(4) Guidance to small entities.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
publish guidance to assist small entities in complying with
paragraph (2)(C).
(5) Threat information.--To the maximum extent practicable
under applicable authority and in the interests of national
security, the Secretary shall provide to an owner or operator
of a chemical source required to prepare a vulnerability
assessment and site security plan threat information that is
relevant to the chemical source.
(6) Coordinated assessments and plans.--The regulations
promulgated under paragraphs (1) and (3) shall permit the
development and implementation of coordinated vulnerability
assessments and site security plans in any case in which more
than 1 chemical source is operating at a single location or
at contiguous locations, including cases in which a chemical
source is under the control of more than 1 owner or operator.
(b) Certification and Submission.--
(1) In general.--Each owner or operator of a chemical
source shall certify in writing to the Secretary that the
owner or operator has completed a vulnerability assessment
and has developed and implemented or is implementing a site
security plan in accordance with this title, including--
(A) regulations promulgated under paragraphs (1) and (3) of
subsection (a); and
(B) any applicable procedures, protocols, or standards
endorsed or recognized by the Secretary under subsection
(c)(1).
(2) Submission.--Not later than 18 months after the date of
promulgation of regulations under paragraphs (1) and (3) of
subsection (a), an owner or operator of a chemical source
shall provide to the Secretary copies of the vulnerability
assessment and site security plan of the chemical source for
review.
(3) Oversight.--The Secretary shall, at such times and
places as the Secretary determines to be appropriate, conduct
or require the conduct of vulnerability assessments and other
activities (including third-party audits) to ensure and
evaluate compliance with--
(A) this title (including regulations promulgated under
paragraphs (1) and (3) of subsection (a)); and
(B) other applicable procedures, protocols, or standards
endorsed or recognized by the Secretary under subsection
(c)(1).
(4) Submission of changes.--The owner or operator of a
chemical source shall--
(A) provide to the Secretary a description of any
significant change that is made to the vulnerability
assessment or site security plan required for the chemical
source under this section, not later than 90 days after the
date the change is made; and
(B) update the certification of the vulnerability
assessment or site security plan.
(c) Specified Standards.--
(1) Existing procedures, protocols, and standards.--Upon
submission of a petition by any person to the Secretary, and
after receipt by that person of a written response from the
Secretary, any procedures, protocols, and standards
established by the Secretary under regulations promulgated
under subsection (a)(3) may--
(A) endorse or recognize procedures, protocols,
regulations, and standards--
(i) that are established by--

(I) industry;
(II) State or local authorities; or
(III) other applicable law; and

(ii) the requirements of which the Secretary determines to
be--

(I) substantially equivalent to the requirements under
subsections (a)(1), (a)(2), and (a)(3); and
(II) in effect on or after the date of enactment of this
Act; and

(B) require that a vulnerability assessment and site
security plan address a particular threat or type of threat.
(2) Notification of substantial equivalency.--If the
Secretary endorses or recognizes existing procedures,
protocols, regulations, and standards described in paragraph
(1)(A), the Secretary shall provide to the person that
submitted the petition a notice that the procedures,
protocols, regulations, and standards are substantially
equivalent to the requirements of paragraph (1) and
paragraphs (1) and (3) of subsection (a).
(3) No action by secretary.--If the Secretary does not
endorse or recognize existing

[[Page S10158]]

procedures, protocols, and standards described in paragraph
(1)(A), the Secretary shall provide to each person that
submitted a petition under paragraph (1) a written
notification that includes a clear explanation of the reasons
why the endorsement or recognition was not made.
(d) Preparation of Assessments and Plans.--As of the date
of endorsement or recognition by the Secretary of a
particular procedure, protocol, or standard under subsection
(c)(1)(A), any vulnerability assessment or site security plan
that is prepared by a chemical source before, on, or after
the date of endorsement or recognition of, and in accordance
with, that procedure, protocol, or standard, shall, for the
purposes of subsection (b)(3) and section __04, be judged by
the Secretary against that procedure, protocol, or standard
rather than the relevant regulations promulgated under
subsection (c) and paragraphs (1) and (3) of subsection (a)
(including such a vulnerability assessment or site security
plan prepared before, on, or after the date of enactment of
this Act).
(e) Regulatory Criteria.--In exercising the authority under
subsections (a) and (c) with respect to a chemical source,
the Secretary shall consider--
(1) the likelihood that a chemical source will be the
target of terrorism;
(2) the nature and quantity of the substances of concern
present at a chemical source;
(3) the potential extent of death, injury, or serious
adverse effects to human health or the environment that would
result from a terrorist release;
(4) the potential harm to critical infrastructure and
national security from a terrorist release;
(5) cost and technical feasibility;
(6) scale of operations; and
(7) such other security-related factors as the Secretary
determines to be appropriate and necessary to protect the
public health and welfare, critical infrastructure, and
national security.
(f) List of Chemical Sources.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a list of
chemical sources in existence as of that date.
(2) Considerations.--In developing the list under paragraph
(1), the Secretary shall consider the criteria specified in
subsection (e).
(3) Future determinations.--Not later than 3 years after
the date of promulgation of regulations under subsection (c)
and paragraphs (1) and (3) of subsection (a), and every 3
years thereafter, the Secretary shall, after considering the
criteria described in subsection (e)--
(A) determine whether additional facilities (including, as
of the date of the determination, facilities that are
operational and facilities that will become operational in
the future) shall be considered to be a chemical source under
this title;
(B) determine whether any chemical source identified on the
most recent list under paragraph (1) no longer presents a
risk sufficient to justify retention of classification as a
chemical source under this title; and
(C) update the list as appropriate.
(4) Regulations.--The Secretary may make a determination
under this subsection in regulations promulgated under
paragraphs (1) and (3) of subsection (a).
(g) Designation, Exemption, and Adjustment of Threshold
Quantities of Substances of Concern.--
(1) In general.--The Secretary may, by regulation--
(A) designate certain chemical substances in particular
threshold quantities as substances of concerns under this
title;
(B) exempt certain chemical substances from designation as
substances of concern under this title; and
(C) adjust the threshold quantity of a chemical substance.
(2) Considerations.--In designating or exempting a chemical
substance or adjusting the threshold quantity of a chemical
substance under paragraph (1), the Secretary shall consider
the potential extent of death, injury, or serious adverse
effects to human health or the environment that would result
from a terrorist release of the chemical substance.
(3) Regulations.--The Secretary may make a designation,
exemption, or adjustment under paragraph (1) in regulations
promulgated under paragraphs (1) and (3) of subsection (a).
(h) 5-Year Review.--Not later than 5 years after the date
of certification of a vulnerability assessment and a site
security plan under subsection (b)(1), and not less often
than every 5 years thereafter (or on such a schedule as the
Secretary may establish by regulation), the owner or operator
of the chemical source covered by the vulnerability
assessment or site security plan shall--
(1) review the adequacy of the vulnerability assessment and
site security plan; and
(2)(A) certify to the Secretary that the chemical source
has completed the review and implemented any modifications to
the site security plan; and
(B) submit to the Secretary a description of any changes to
the vulnerability assessment or site security plan.
(i) Protection of Information.--
(1) Disclosure exemption.--Except with respect to
certifications specified in subsections (b)(1)(A) and
(h)(2)(A), vulnerability assessments and site security plans
obtained in accordance with this title, and materials
developed or produced exclusively in preparation of those
documents (including information shared with Federal, State,
and local government entities under paragraphs (3) through
(5)), shall be exempt from disclosure under--
(A) section 552 of title 5, United States Code; or
(B) any State or local law providing for public access to
information.
(2) No effect on other disclosure.--Nothing in this title
affects the handling, treatment, or disclosure of information
obtained from chemical sources under any other law.
(3) Development of protocols.--
(A) In general.--The Secretary, in consultation with the
Director of the Office of Management and Budget and
appropriate Federal law enforcement and intelligence
officials, and in a manner consistent with existing
protections for sensitive or classified information, shall,
by regulation, establish confidentiality protocols for
maintenance and use of information that is obtained from
owners or operators of chemical sources and provided to the
Secretary under this title.
(B) Requirements for protocols.--A protocol established
under subparagraph (A) shall ensure that--
(i) each copy of a vulnerability assessment or site
security plan submitted to the Secretary, all information
contained in or derived from that assessment or plan, and
other information obtained under section __06, is maintained
in a secure location; and
(ii) except as provided in paragraph (5)(B), or as
necessary for judicial enforcement, access to the copies of
the vulnerability assessments and site security plans
submitted to the Secretary, and other information obtained
under section __06, shall be limited to persons designated by
the Secretary.
(4) Disclosure in civil proceedings.--In any Federal or
State civil or administrative proceeding in which a person
seeks to compel the disclosure or the submission as evidence
of sensitive information contained in a vulnerability
assessment or security plan required by subsection (a) or (b)
and is not otherwise subject to disclosure under other
provisions of law--
(A) the information sought may be submitted to the court
under seal; and
(B) the court, or any other person, shall not disclose the
information to any person until the court, in consultation
with the Secretary, determines that the disclosure of the
information does not pose a threat to public security or
endanger the life or safety of any person.
(5) Penalties for unauthorized disclosure.--
(A) In general.--Except as provided in subparagraph (B),
any individual referred to in paragraph (3)(B)(ii) who
acquires any information described in paragraph (3)(A)
(including any reproduction of that information or any
information derived from that information), and who knowingly
or recklessly discloses the information, shall--
(i) be imprisoned not more than 1 year, fined in accordance
with chapter 227 of title 18, United States Code (applicable
to class A misdemeanors), or both; and
(ii) be removed from Federal office or employment.
(B) Exceptions.--
(i) In general.--Subparagraph (A) shall not apply to a
person described in that subparagraph that discloses
information described in paragraph (3)(A)--

(I) to an individual designated by the Secretary under
paragraph (3)(B)(ii);
(II) for the purpose of section __06; or
(III) for use in any administrative or judicial proceeding
to impose a penalty for failure to comply with a requirement
of this title.

(ii) Law enforcement officials and first responders.--
Notwithstanding subparagraph (A), an individual referred to
in paragraph (3)(B)(ii) who is an officer or employee of the
United States may share with a State or local law enforcement
or other official (including a first responder) the contents
of a vulnerability assessment or site security plan, or other
information described in that paragraph, to the extent
disclosure is necessary to carry out this title.

SEC. __04. ENFORCEMENT.

(a) Failure To Comply.--If an owner or operator of a
chemical source fails to certify or submit a vulnerability
assessment or site security plan in accordance with this
title, the Secretary may issue an order requiring the
certification and submission of a vulnerability assessment or
site security plan in accordance with section __03(b).
(b) Disapproval.--The Secretary may disapprove under
subsection (a) a vulnerability assessment or site security
plan submitted under section __03(b) if the Secretary
determines that--
(1) the vulnerability assessment or site security plan does
not comply with regulations promulgated under paragraph (1)
and (3) of subsection (a) or the procedure, protocol, or
standard endorsed or recognized under section __03(c); or
(2) the site security plan, or the implementation of the
site security plan, is insufficient to address--
(A) the results of a vulnerability assessment of a chemical
source; or
(B) a threat of a terrorist release.
(c) Compliance.--If the Secretary disapproves a
vulnerability assessment or site

[[Page S10159]]

security plan of a chemical source under subsection (b), the
Secretary shall--
(1) provide the owner or operator of the chemical source a
written notification of the determination that includes a
clear explanation of deficiencies in the vulnerability
assessment, site security plan, or implementation of the
assessment or plan;
(2) consult with the owner or operator of the chemical
source to identify appropriate steps to achieve compliance;
and
(3) if, following that consultation, the owner or operator
of the chemical source does not achieve compliance in
accordance by such date as the Secretary determines to be
appropriate under the circumstances, issue an order requiring
the owner or operator to correct specified deficiencies.
(d) Emergency Powers.--
(1) Definition of emergency threat.--The term ``emergency
threat'' means a threat of a terrorist act that could result
in a terrorist release at a chemical source--
(A) that is beyond the scope of the site security plan as
implemented at the chemical source;
(B) the likelihood of the immediate occurrence of which is
high;
(C) the consequences of which would be severe; and
(D) based on the factors described in subparagraphs (A)
through (C), would not be appropriately and reasonably
addressed, or addressed in a timely manner, by the Secretary
under subsections (a) through (c).
(2) Initiation of action.--
(A) In general.--If the Secretary (in consultation with
State and local law enforcement officials) determines that an
emergency threat exists, the Secretary may bring a civil
action on behalf of the United States in United States
district court to immediately require each covered source
potentially subject to the emergency threat to take such
actions as are necessary to respond to the emergency threat.
(B) Notice and participation.--The Secretary shall provide
to each covered source that is the subject of a civil action
under subparagraph (A)--
(i) notice of any injunctive relief to compel compliance
with this subsection that is being sought; and
(ii) an opportunity to participate in any proceedings
relating to the civil action.
(3) Emergency orders.--
(A) In general.--If the Secretary determines that it is not
practicable to ensure prompt action to protect public safety
from an emergency threat by commencing a civil action under
paragraph (2), the Secretary may issue such orders as are
necessary to ensure public safety.
(B) Consultation.--Before issuing an order under
subparagraph (A), the Secretary shall--
(i) consult with State and local law enforcement officials;
and
(ii) attempt to confirm the accuracy of the information on
which the action proposed to be taken is based.
(C) Effectiveness of orders.--
(i) In general.--An order issued by the Secretary under
this paragraph shall be effective for the 60-day period
beginning on the date of issuance of the order unless the
Secretary files a civil action under paragraph (2) before the
expiration of that period.
(ii) Extension of effective period.--With respect to an
order issued under this paragraph, the Secretary may file a
civil action before the end of the 60-day period described in
clause (i) to extend the effective period of the order for--

(I) 14 days; or
(II) such longer period as the court in which the civil
action is filed may authorize.

(e) Protection of Information.--Any determination of
disapproval or order made or issued under this section shall
be exempt from disclosure--
(1) under section 552 of title 5, United States Code;
(2) under any State or local law providing for public
access to information; and
(3) except as provided in section __03(i)(4), in any
Federal or State civil or administrative proceeding.

SEC. __05. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

The Secretary--
(1) may request other Federal agencies to provide technical
and analytical support (other than field work) in
implementing this title; and
(2) may provide reimbursement for such technical and
analytical support received as the Secretary determines to be
appropriate.

SEC. __06. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF
INFORMATION.

(a) Recordkeeping.--The owner or operator of a chemical
source that is required to prepare a vulnerability assessment
or site security plan under section __03(a) shall maintain a
current copy of those documents.
(b) Right of Entry.--In carrying out this title, the
Secretary (or a designee), on presentation of credentials,
shall have a right of entry to, on, or through--
(1) any premises of an owner or operator of a chemical
source described in subsection (a); and
(2) any premises on which any record required to be
maintained under subsection (a) is located.
(c) Requests for Records.--In carrying out this title, the
Secretary (or a designee) may require the submission of, or,
on presentation of credentials, may at reasonable times seek
access to and copy--
(1) any records, reports, or other information described in
subsection (a); and
(2) any other documentation necessary for--
(A) review or analysis of a vulnerability assessment or
site security plan; or
(B) implementation of a site security plan.
(d) Compliance.--If the Secretary determines that an owner
or operator of a chemical source is not maintaining,
producing, or permitting access to records as required by
this section, the Secretary may issue an order requiring
compliance with the relevant provisions of this section.

SEC. __0 7. PENALTIES.

(a) Judicial Relief.--Any owner or operator of a chemical
source that violates or fails to comply with any order issued
by the Secretary under this title or a site security plan
submitted to the Secretary under this title (or, in the case
of an exemption described in section __03(d), a procedure,
protocol, or standard endorsed or recognized by the Secretary
under section __03(c)) may, in a civil action brought in
United States district court, be subject, for each day on
which the violation occurs or the failure to comply
continues, to--
(1) an order for injunctive relief; or
(2) a civil penalty of not more than $50,000.
(b) Administrative Penalties.--
(1) Penalty orders.--The Secretary may issue an
administrative penalty of not more than $250,000 for failure
to comply with an order issued by the Secretary under this
title.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Secretary shall provide to the person
against which the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30 days
after the date on which the person receives the notice, a
hearing on the proposed order.
(3) Procedures.--The Secretary may promulgate regulations
outlining the procedures for administrative hearings and
appropriate review, including necessary deadlines.
(c) Treatment of Information in Judicial Proceedings.--
Information submitted or obtained by the Secretary,
information derived from that information, and information
submitted by the Secretary under this title (except under
section __011) shall be treated in any judicial or
administrative action as if the information were classified
material.

SEC. __08. PROVISION OF TRAINING.

The Secretary may provide training to State and local
officials and owners and operators in furtherance of the
purposes of this title.

SEC. __09. JUDICIAL REVIEW.

(a) Regulations.--Not later than 60 days after the date of
promulgation of a regulation under this title, any person may
file a petition for judicial review relating to the
regulation with--
(1) the United States Court of Appeals for the District of
Columbia; or
(2) with the United States circuit court--
(A) having jurisdiction over the State in which the person
resides; or
(B) for the circuit in which the principal place of
business of the person is located.
(b) Final Agency Actions or Orders.--Not later than 60 days
after the date on which a covered source receives notice of
an action or order of the Secretary under this title with
respect to the chemical source, the chemical source may file
a petition for judicial review of the action or order with
the United States district court for the district in which--
(1) the chemical source is located; or
(2) the owner or operator of the chemical source has a
principal place of business.
(c) Standard of Review.--
(1) In general.--On the filing of a petition under
subsection (a) or (b), the court of jurisdiction shall review
the regulation or other final action or order that is the
subject of the petition in accordance with chapter 7 of title
5, United States Code.
(2) Basis.--
(A) In general.--Judicial review of a regulation, or of a
final agency action or order described in paragraph (1) that
is based on an administrative hearing held on the record,
shall be based on the record of the proceedings, comments,
and other information that the Secretary considered in
promulgating the regulation, taking the action, or issuing
the order being reviewed.
(B) Other actions and orders.--Judicial review of a final
agency action or order described in paragraph (1) that is not
described in subparagraph (A) shall be based on any
submissions to the Secretary relating to the action or order,
and any other information, that the Secretary considered in
taking the action or issuing the order.

SEC. __10. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

(a) In General.--Except as provided in section __03(i),
nothing in this title affects any duty or other requirement
imposed under any other Federal or State law.
(b) Other Federal Law.--
(1) In general.--Notwithstanding subsection (a), a chemical
source that is required to prepare a facility vulnerability
assessment and implement a facility security plan under any
another Federal law may petition the Secretary to be subject
to the other Federal law in lieu of this title.
(2) Determination of substantial equivalence.--If the
Secretary determines that a Federal law covered by a petition
submitted by a chemical source under paragraph (1) is
substantially equivalent to this title--

[[Page S10160]]

(A) the Secretary may grant the petition; and
(B) the chemical source shall be subject to the other
Federal law in lieu of this title.

SEC. __11. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.

(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means a retail or production
agricultural business (including a business that is engaged
in the production or processing of seafood) that employs not
more than such number of individuals at a chemical source
included in the list described in section __03(f)(1) as shall
be determined by the Secretary, in consultation with the
Administrator of the Small Business Administration and the
Secretary of Agriculture.
(b) Grants.--The Secretary shall provide grants to an
eligible entity that is a chemical source included in the
list described in section __03(f)(1) selected under this
section to enable the eligible entity at the chemical
source--
(1) to improve security measures; and
(2) to protect against or reduce the consequence of a
terrorist attack.
(c) Criteria.--In establishing criteria for the selection
of, or in otherwise selecting, eligible entities to receive a
grant under this section, the Secretary shall--
(1) consider on an individual, location-by-location basis,
each applicant for a grant; and
(2) require each eligible entity that receives a grant to
use funds from the grant only for the purposes described in
subsection (b) in accordance with guidance of the Secretary.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
______

SA 3928. Mr. SESSIONS 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 add the following new title:

TITLE IV--OTHER MATTERS

SEC. 401. VISA REQUIREMENTS.

Section 222 of the Immigration and Nationality Act (22
U.S.C. 1202) is amended by adding at the end the following
new subsection:
``(h) Every alien applying for a nonimmigrant visa shall,
prior to obtaining such visa, swear or affirm an oath stating
that--
``(1) while in the United States, the alien shall, adhere
to the laws and to the Constitution of the United States;
``(2) while in the United States, the alien will not
attempt to develop information for the purpose of threatening
the national security of the United States or to bring harm
to any citizen of the United States;
``(3) the alien is not associated with a terrorist
organization;
``(4) the alien has not and will not receive any funds or
other support to visit the United States from a terrorist
organization;
``(5) all documents submitted to support the alien's
application are valid and contain truthful information;
``(6) while in the United States, the alien will inform the
appropriate authorities if the alien is approached or
contacted by a member of a terrorist organization; and
``(7) the alien understands that the alien's visa shall be
revoked and the alien shall be removed from the United States
if the alien is found--
``(A) to have acted in a manner that is inconsistent with
this oath; or
``(B) provided fraudulent information in order to obtain a
visa.''.
______

SA 3929. 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; follows:

At the appropriate place, insert the following:

SEC. __. RESTRICTION ON ISSUANCE OF MULTIPLE REPLACEMENT
SOCIAL SECURITY CARDS.

(a) In General.--Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by adding at
the end the following: ``The Commissioner shall restrict the
issuance of multiple replacement social security cards to any
individual to not more than 3 per year and not more than 10
for the life of the individual, except in any case in which
the Commissioner determines there is minimal opportunity for
fraud.''.
(b) Rulemaking.--The Commissioner of Social Security shall
issue regulations to carry out the amendment made by
subsection (a) not later than 1 year after the date of
enactment of this Act.
(c) Effective Date.--Systems controls developed by the
Commissioner of Social Security pursuant to the amendment
made by subsection (a) shall take effect upon the earlier
of--
(1) the date of issuance of regulations under subsection
(b); or
(2) the end of the 1-year period beginning on the date of
enactment of this Act.
______

SA 3930. Mr. McCONNELL (for himself and 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. __. FIRST RESPONDER CITIZEN VOLUNTEER PROTECTION ACT.

(a) Short Title.--This section may be cited as the ``First
Responder Citizen Volunteer Protection Act''.
(b) Importance of Volunteers.--Section 2(a) of the
Volunteer Protection Act of 1997 (42 U.S.C. 14501(a)) is
amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) since the attacks of September 11, 2001, the Federal
Government has encouraged Americans to serve their country as
citizen volunteers for programs such as the Volunteers in
Police Service (VIPS), Medical Reserve Corps (MRC), Community
Emergency Response Team (CERT), Neighborhood Watch, and Fire
Corps, which help increase our homeland security preparedness
and response, and which provide assistance to our fire,
police, health, and medical personnel, and fellow citizens in
the event of a natural or manmade disaster, terrorist attack,
or act of war; and''.
(c) Citizen Volunteer Program.--Section 6 of the Volunteer
Protection Act of 1997 (42 U.S.C. 14505) is amended by adding
at the end the following:
``(7) Governmental entity.--The term `government entity'
means for purposes of this Act--
``(A) Federal or State Government, including any political
subdivision or agency thereof; and
``(B) a federally-established or funded citizen volunteer
program, including those coordinated by the USA Freedom Corps
established by Executive order 13254 (February 1, 2002), and
the program's components and State and local affiliates.
______

SA 3931. Mr. McCONNELL (for himself, Mr. Santorum, and 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:

TITLE __. VOLUNTEER FIREFIGHTER ASSISTANCE

SEC. __01. SHORT TITLE.

This title may be cited as the ``Good Samaritan Volunteer
Firefighter Assistance Act of 2004''.

SEC. __02. REMOVAL OF CIVIL LIABILITY BARRIERS THAT
DISCOURAGE THE DONATION OF FIRE EQUIPMENT TO
VOLUNTEER FIRE COMPANIES.

(a) Liability Protection.--A person who donates fire
control or fire rescue equipment to a volunteer fire company
shall not be liable for civil damages under any State or
Federal law for personal injuries, property damage or loss,
or death proximately caused by the equipment after the
donation.
(b) Exceptions.--Subsection (a) shall not apply to a person
if--
(1) the person's act or omission proximately causing the
injury, damage, loss, or death constitutes gross negligence
or intentional misconduct; or
(2) the person is the manufacturer of the fire control or
fire rescue equipment.
(c) Preemption.--This title preempts the laws of any State
to the extent that such laws are inconsistent with this Act,
except that this title shall not preempt any State law that
provides additional protection from liability for a person
who donates fire control or fire rescue equipment to a
volunteer fire company.
(d) Definitions.--In this section:
(1) Person.--The term ``person'' includes any governmental
or other entity.
(2) Fire control or rescue equipment.--The term ``fire
control or fire rescue equipment'' includes any fire vehicle,
fire fighting tool, communications equipment, protective
gear, fire hose, or breathing apparatus.
(3) State.--The term ``State'' includes the several States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the Virgin Islands,
any other territory or possession of the United States, and
any political subdivision of any such State, territory, or
possession.
(4) Volunteer fire company.--The term ``volunteer fire
company'' means an association of individuals who provide
fire protection and other emergency services, where at least
30 percent of the individuals receive little or no
compensation compared with an entry level full-time paid
individual in that association or in the nearest such
association with an entry level full-time paid individual.
(e) Effective Date.--This title applies only to liability
for injury, damage, loss, or death caused by equipment that,
for purposes of subsection (a), is donated on or after

[[Page S10161]]

the date that is 30 days after the date of enactment of this
Act.

SEC. 3. STATE-BY-STATE REVIEW OF DONATION OF FIREFIGHTER
EQUIPMENT.

(a) Review.--The Attorney General of the United States
shall conduct a State-by-State review of the donation of
firefighter equipment to volunteer firefighter companies
during the 5-year period ending on the date of enactment of
this Act.
(b) Report.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Attorney General of the United
States shall publish and submit to Congress a report on the
results of the review conducted under subsection (a).
(2) Contents.--The report published and submitted under
paragraph (1) shall include, for each State--
(A) the most effective way to fund firefighter companies;
(B) whether first responder funding is sufficient to
respond to the Nation's needs; and
(C) the best method to ensure that the equipment donated to
volunteer firefighter companies is in usable condition.
______

SA 3932. 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:

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

SEC. 207. ALTERNATIVE ANALYSES OF INTELLIGENCE BY THE
INTELLIGENCE COMMUNITY.

(a) Sense of Congress.--It is the sense of Congress that
the National Intelligence Director should consider the
advisability of establishing for each element of the
intelligence community an element, office, or component whose
purpose is the alternative analysis (commonly referred to as
a ``red-team analysis'') of the information and conclusions
in the intelligence products of such element of the
intelligence community.
(b) Report.--(1) Not later than one year after the date of
the enactment of this Act, the National Intelligence Director
shall submit to Congress a report on the actions taken to
establish for each element of the intelligence community an
element, office, or component described in subsection (a).
(2) The report shall be submitted in an unclassified form,
but may include a classified annex.
______

SA 3933. Ms. CANTWELL (for herself, Mr. Sessions, Mr. Schumer, and
Mr. Kyl) 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:

SEC. __. BIOMETRIC STANDARD FOR VISA APPLICATIONS.

(a) Short Title.--This section may be cited as the
``Biometric Visa Standard Distant Borders Act''.
(b) Technology Standard for Visa Waiver Participants.--
Section 303(c) of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1732(c)) is amended to read as
follows:
``(c) Technology Standard for Visa Waiver Participants.--
``(1) In general.--Not later than October 26, 2005, the
government of each country that is designated to participate
in the visa waiver program established under section 217 of
the Immigration and Nationality Act (8 U.S.C. 1187) shall
certify, as a condition for designation or continuation of
that designation, that the country has a program to issue to
individuals seeking to enter that country pursuant to a visa
issued by that country, a machine readable visa document that
is tamper-resistant and incorporates biometric identification
information that is verifiable at its port of entry, and
compatible with the biometric identifiers collected by the
United States Visitor and Immigrant Status Indicator
Technology Program (US-VISIT).
``(2) Savings clause.--This subsection shall not be
construed to rescind the requirement of section 217(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)).''.
______

SA 3934. Mr. GREGG 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, line 25, strike the period and insert ``; and''.
On page 7, after line 25, add the following:
(C) does not refer to the Office of Intelligence Policy and
Review of the Department of Justice or to any program,
project, or activity of the Federal Bureau of Investigation
that is not under the direct control of the Executive
Assistant Director for Intelligence of the Federal Bureau of
Investigation.
On page 41, line 12, strike ``Concurrence of'' and insert
``Consultation With''.
On page 41, beginning on line 15, strike ``obtain the
concurrence of'' and insert ``consult with''.
On page 41, beginning on line 19, strike ``If the
Director'' and all that follows through line 25.
On page 42, strike line 10 and all that follows through
line 25.
On page 85, beginning on line 10, strike ``obtain the
concurrence of'' and insert ``consult with''.
On page 85, beginning on line 14, strike ``If the
Director'' and all that follows through line 20.
On page 120, beginning on line 17, strike ``, subject to
the direction and control of the President,''.
On page 121, line 13, strike ``and analysts'' and insert
``, analysts, and related personnel''.
On page 121, line 17, strike ``and analysts'' and insert
``, analysts, and related personnel''.
On page 121, line 19, strike ``and analysts'' and insert
``, analysts, and related personnel''.
On page 123, beginning on line 8, strike ``, in
consultation with the Director of the Office of Management
and Budget, modify the'' and insert ``establish a''.
On page 123, line 11, strike ``in order to organize the
budget according to'' and insert ``to reflect''.
On page 123, strike line 4 through line 8.
______

SA 3935. Mr. WARNER 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:

``(a) On page 209, after line 14, insert the following:
``(b) Not later than 180 days after the date of the
enactment of this Act, the National Intelligence Director, in
consultation with heads of departments containing elements of
the intelligence community, shall submit to Congress an
Implementation Plan for Intelligence Community Reform. The
Implementation Plan shall include the following:
``(1) A detailed plan for how the authorities set forth in
Title I Section 113 of this Act for the National Intelligence
Program Budget and resources will be implemented, including
but not limited to (a) the process for development of
budgets, allocation of resources, transfer of personnel and
reprogramming; (b) specific lines of authority and reporting
that will be used in these processes; and (c) identification
of potential obstacles or legal issues with implementation;
``(2) A detailed description of how the National
Intelligence Director and the National Intelligence Authority
will interact with the Secretary of Defense and Department of
Defense on intelligence issues. In particular this shall
describe what elements of the DoD will be subject to the
authority that this Act provides the National Intelligence
Director, how that authority will be exercised, and how
disagreements about the exercise of that authority will be
resolved. In addition, this shall describe how the National
Intelligence Director will assure that combat forces will
continue to receive optimal intelligence support under the
new structure established by this Act.
``(3) A detailed description of how the National
Intelligence Director and the National Intelligence Authority
will interact with the Attorney General, the Director of the
FBI, and the FBI on intelligence issues. In particular this
shall describe what elements of the FBI will be subject to
the authority that this Act provides the National
Intelligence Director, how that authority will be exercised,
and how disagreements about the exercise of that authority
will be resolved. In addition, this shall describe how the
authority that this Act provides the National Intelligence
Director will be exercised consistent with the responsibility
of the Attorney General to oversee activities of the FBI.
``(4) A detailed description of precisely how the
authorities and responsibilities of the new National
Counterterrorism Center established by this Act are being
implemented, including mechanisms for merging domestic and
foreign information and authorities for tasking or direction
of intelligence collection and how those mechanisms protect
the civil liberties of U.S. Persons.
``(5) A detailed description of steps the National
Intelligence Director will take to address the quality and
independence of analysis within the new structure established
by this Act.
``(6) A detailed description of the roles of the National
Intelligence Authority staff officers created in Title I
Sections 124-131 of this Act and how those officers interact
with each other and other government departments and
agencies.
``The National Intelligence Director shall submit the
Implementation Plan to the Congress.''.
``(b) Insert ``(a)'' before ``Not later'' in line 7 of page
209.
______

SA 3936. Mr. HATCH 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 125, between lines 13 and 14, insert the following:

[[Page S10162]]

(c) Establishment of Senior Intelligence Service.--
(1) In general.--The Director of the Federal Bureau of
Investigation, in consultation with the Director of the
Office of Personnel Management, may--
(A) establish a Senior Intelligence Service within the
Federal Bureau of Investigation in order to meet the
intelligence obligations of the Federal Bureau of
Investigation; and
(B) appoint individuals to positions in the Senior
Intelligence Service.
(2) Regulations.--The Director of the Federal Bureau of
Investigation shall prescribe regulations for purposes of
paragraph (1), which regulations shall be consistent with
personnel authorities and practices established pursuant to
section 3151 of title 5, United States Code.
(d) Establishment of Intelligence Senior Level Positions.--
The Director of the Federal Bureau of Investigation, in
consultation with the Director of the Office of Personnel
Management, may--
(1) establish Intelligence Senior Level positions within
the Federal Bureau of Investigation in order to meet the
intelligence obligations of the Federal Bureau of
Investigation, which positions may be classified to rates of
pay payable for grades above grade GS-15 of the General
Schedule; and
(2) appoint individuals to such Intelligence Senior Level
positions.
On page 125, line 14, strike ``(c)'' and insert ``(e)''.
On page 126, line 5, strike ``(d)'' and insert ``(f)''.
______

SA 3937. Mr. HATCH 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, insert the following new title:

TITLE IV--IMMIGRATION

SEC. 401. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

(a) In General.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraphs (A), (B), and (C), by inserting
``(statutory and nonstatutory), including section 2241 of
title 28, United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of title 28, United
States Code'' after ``Notwithstanding any other provision of
law''; and
(ii) by adding at the end the following:
``(D) Judicial review of certain legal claims.--Nothing in
this paragraph shall be construed as precluding consideration
by the circuit courts of appeals of constitutional claims or
pure questions of law raised upon petitions for review filed
in accordance with this section. Notwithstanding any other
provision of law (statutory and nonstatutory), including
section 2241 of title 28, United States Code, or, except as
provided in subsection (e), any other habeas corpus
provision, and sections 1361 and 1651 of title 28, United
States Code, such petitions for review shall be the sole and
exclusive means of raising any and all claims with respect to
orders of removal entered or issued under any provision of
this Act.''; and
(B) by adding at the end the following:
``(4) Claims under the United Nations Convention.--
Notwithstanding any other provision of law (statutory and
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of title 28, United States Code, a
petition for review by the circuit courts of appeals filed in
accordance with this section is the sole and exclusive means
of judicial review of claims arising under the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman,
or Degrading Treatment or Punishment.
``(5) Exclusive means of review.--The judicial review
specified in this subsection shall be the sole and exclusive
means for review by any court of an order of removal entered
or issued under any provision of this Act. For purposes of
this title, in every provision that limits or eliminates
judicial review or jurisdiction to review, the terms
`judicial review' and `jurisdiction to review' include habeas
corpus review pursuant to section 2241 of title 28, United
States Code, or any other habeas corpus provision, sections
1361 and 1651 of title 28, United States Code, and review
pursuant to any other provision of law.'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by inserting ``pursuant to
subsection (f)'' after ``unless''; and
(B) in paragraph (9), by adding at the end the following:
``Except as otherwise provided in this subsection, no court
shall have jurisdiction, by habeas corpus under section 2241
of title 28, United States Code, or any other habeas corpus
provision, by section 1361 or 1651 of title 28, United States
Code, or by any other provision of law (statutory or
nonstatutory), to hear any cause or claim subject to these
consolidation provisions.'';
(3) in subsection (f)(2), by inserting ``or stay, by
temporary or permanent order, including stays pending
judicial review,'' after ``no court shall enjoin''; and
(4) in subsection (g), by inserting ``(statutory and
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of title 28, United States Code''
after ``notwithstanding any other provision of law''.
(b) Applicability.--The amendments made by subsection (a)
shall apply only to an alien who has been convicted of an
offense that is related to terrorism and that is described in
section 2332b(g)(5)(B) of title 18, United States Code.
(c) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, this section and the amendments
made by this section shall take effect on the date of the
enactment of this Act and shall apply to cases in which the
final administrative removal order was issued before, on, or
after the date of enactment of this Act.

SEC. 402. ADDITIONAL REMOVAL AUTHORITIES.

(a) In General.--Section 241(b) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)) is amended--
(1) in paragraph (1)--
(A) in each of subparagraphs (A) and (B), by striking the
period at the end and inserting ``unless, in the opinion of
the Secretary of Homeland Security, removing the alien to
such country would be prejudicial to the United States.'';
and
(B) by amending subparagraph (C) to read as follows:
``(C) Alternative countries.--If the alien is not removed
to a country designated in subparagraph (A) or (B), the
Secretary of Homeland Security shall remove the alien to--
``(i) the country of which the alien is a citizen, subject,
or national, where the alien was born, or where the alien has
a residence, unless the country physically prevents the alien
from entering the country upon the alien's removal there; or
``(ii) any country whose government will accept the alien
into that country.''; and
(2) in paragraph (2)--
(A) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(B) by amending subparagraph (D) to read as follows:
``(D) Alternative countries.--If the alien is not removed
to a country designated under subparagraph (A)(i), the
Secretary of Homeland Security shall remove the alien to a
country of which the alien is a subject, national, or
citizen, where the alien was born, or where the alien has a
residence, unless--
``(i) such country physically prevents the alien from
entering the country upon the alien's removal there; or
``(ii) in the opinion of the Secretary of Homeland
Security, removing the alien to the country would be
prejudicial to the United States.''; and
(C) by amending subparagraph (E)(vii) to read as follows:
``(vii) Any country whose government will accept the alien
into that country.''.
(b) Applicability.--The amendments made by subsection (a)
shall apply only to a case involving an alien who has been
convicted of an offense that is related to terrorism and that
is described in section 2332b(g)(5)(B) of title 18, United
States Code.
(c) Effective Date.--Notwithstanding section 341 or any
other provision of this Act, the amendments made by
subsection (a) shall take effect on the date of the enactment
of this Act and shall apply to any deportation, exclusion, or
removal on or after such date pursuant to any deportation,
exclusion, or removal order, regardless of whether such order
is administratively final before, on, or after such date.

SEC. 403. EFFECTIVE DATE.

This title and the amendments made by this title shall take
effect on the date of the enactment of this Act.
______

SA 3938. Mr. HATCH (for himself and Mr. Kyl) 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. __. FEDERAL COLLATERAL REVIEW OF CONVICTIONS FOR KILLING
PUBLIC SAFETY OFFICER.

(a) Short Title.--This section may be cited as the ``Public
Safety Officers' Defense Act''.
(b) Substantive Limits.--Section 2254 of title 28, United
States Code, is amended by adding at the end the following:
``(j) Crimes Against Public Safety Officer.--
``(1) Definition of public safety officer.--In this
subsection, 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).
``(2) In general.--A court, justice, or judge shall not
have jurisdiction to consider any claim relating to the
judgment or sentence in an application described under
paragraph (3), unless the applicant shows that the claim
qualifies for consideration on the grounds described in
subsection (e)(2). Any such application that is presented to
a court, justice, or judge other than a district court shall
be transferred to the appropriate district court for
consideration or dismissal in conformity with this
subsection, except that a court of appeals panel must
authorize any

[[Page S10163]]

second or successive application in conformity with section
2244 prior to any consideration by the district court.
``(3) Application of subsection.--This subsection shall
apply to an application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court for a crime that involved the killing of 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.''.
(c) Time Limits.--Section 2254(j) of title 28, United
States Code, as added by subsection (b), is amended by adding
at the end the following:
``(4) Time limits in district court.--For any application
described under paragraph (3), in the district court the
following shall apply:
``(A) Any motion by either party for an evidentiary hearing
shall be filed and served not later than 90 days after the
State files its answer or, if no timely answer is filed, the
date on which such answer is due.
``(B) Any motion for an evidentiary hearing shall be
granted or denied not later than 30 days after the date on
which the party opposing such motion files a pleading in
opposition to such motion or, if no timely pleading in
opposition is filed, the date on which such pleading in
opposition is due.
``(C) Any evidentiary hearing shall be--
``(i) convened not less than 60 days after the order
granting such hearing; and
``(ii) completed not more than 150 days after the order
granting such hearing.
``(D) A district court shall enter a final order, granting
or denying the application for a writ of habeas corpus, not
later than 15 months after the date on which the State files
its answer or, if no timely answer is filed, the date on
which such answer is due, or not later than 60 days after the
case is submitted for decision, whichever is earlier.
``(E) If the district court fails to comply with the
requirements of this paragraph, the State may petition the
court of appeals for a writ of mandamus to enforce the
requirements. The court of appeals shall grant or deny the
petition for a writ of mandamus not later than 30 days after
such petition is filed with the court.
``(5) Time limits in court of appeals.--For any application
described under paragraph (3), in the court of appeals the
following shall apply:
``(A) A timely filed notice of appeal from an order issuing
a writ of habeas corpus shall operate as a stay of that order
pending final disposition of the appeal.
``(B) The court of appeals shall decide the appeal from an
order granting or denying a writ of habeas corpus--
``(i) not later than 120 days after the date on which the
brief of the appellee is filed or, if no timely brief is
filed, the date on which such brief is due; or
``(ii) if a cross-appeal is filed, not later than 120 days
after the date on which the appellant files a brief in
response to the issues presented by the cross-appeal or, if
no timely brief is filed, the date on which such brief is
due.
``(C)(i) Following a decision by a panel of the court of
appeals under subparagraph (B), a petition for panel
rehearing is not allowed, but rehearing by the court of
appeals en banc may be requested. The court of appeals shall
decide whether to grant a petition for rehearing en banc not
later than 30 days after the date on which the petition is
filed, unless a response is required, in which case the court
shall decide whether to grant the petition not later than 30
days after the date on which the response is filed or, if no
timely response is filed, the date on which the response is
due.
``(ii) If rehearing en banc is granted, the court of
appeals shall make a final determination of the appeal not
later than 120 days after the date on which the order
granting rehearing en banc is entered.
``(D) If the court of appeals fails to comply with the
requirements of this paragraph, the State may petition the
Supreme Court or a justice thereof for a writ of mandamus to
enforce the requirements.
``(6) Application of time limits.--
``(A) In general.--The time limitations under paragraphs
(4) and (5) shall apply to an initial application described
under paragraph (3), any second or successive application
described under paragraph (3), and any redetermination of an
application described under paragraph (3) or related appeal
following a remand by the court of appeals or the Supreme
Court for further proceedings.
``(B) Remand in district court.--In proceedings following
remand in the district court, time limits running from the
time the State files its answer under paragraph (4) shall run
from the date the remand is ordered if further briefing is
not required in the district court. If there is further
briefing following remand in the district court, such time
limits shall run from the date on which a responsive brief is
filed or, if no timely responsive brief is filed, the date on
which such brief is due.
``(C) Remand in court of appeals.--In proceedings following
remand in the court of appeals, the time limit specified in
paragraph (5)(B) shall run from the date the remand is
ordered if further briefing is not required in the court of
appeals. If there is further briefing in the court of
appeals, the time limit specified in paragraph (5)(B) shall
run from the date on which a responsive brief is filed or, if
no timely responsive brief is filed, from the date on which
such brief is due.
``(7) Failure to comply.--The failure of a court to meet or
comply with a time limitation under this subsection shall not
be a ground for granting relief from a judgment of conviction
or sentence, nor shall the time limitations under this
subsection be construed to entitle a capital applicant to a
stay of execution, to which the applicant would otherwise not
be entitled, for the purpose of litigating any application or
appeal.''.
(d) Application to Pending Cases.--
(1) In general.--The amendments made by this section shall
apply to cases pending on or after the date of enactment of
this Act.
(2) Time limits.--In a case pending on the date of
enactment of this Act, if the amendments made by this section
provide that a time limit runs from an event or time that has
occurred prior to such date of enactment, the time limit
shall run instead from such date of enactment.
______

SA 3939. Mr. HARKIN 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 in the bill, add:
It is the Sense of the Senate that the United States should
support and uphold the Convention Against Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment.
______

SA 3940. Mr. HATCH 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. __. PENALTIES FOR STOWAWAYS.

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:
``Shall be fined under this title or imprisoned not more
than 5 years or both;
``If serious bodily injury occurs (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) to any person other than a participant
as a result of a violation of this section, be fined under
this title or imprisoned not more than 20 years, or both; and
``If death to any person other than a participant occurs as
a result of a violation of this section, be fined under this
title or imprisoned for any number of years up to life, or
both.''.
______

SA 3941. Mr. GRAHAM of Florida 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:

28 U.S.C. Sec. 1605(A). A foreign state shall not be immune
from the jurisdiction of courts of the United States or of
the States in any case--
2. * * *
(7) not otherwise covered by paragraph (2), in which money
damages are sought against a foreign state for personal
injury or death, or damage to or loss of property, that was
caused by an act of torture, extrajudicial killing, aircraft
sabotage, hostage taking, or the provision of material
support or resources (as defined in section 2339A of title
18) for such an act if such act or provision of material
support is engaged in by an official, employee, or agent of
such foreign state while acting within the scope of his or
her office, employment, or agency, except that the court
shall decline to hear a claim under this paragraph--
(A) if the foreign state was not designated as a state
sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371) at the time the act occurred, unless later so
designated as a result of such act or the act is related to
Case Number 1:00CV03110(EGS) in the United States District
Court for the District of Columbia or to the September 11,
2001 terrorist attacks against the World Trade Center, the
Pentagon and other targets in the United States; * * *
18 U.S.C. Sec. 2332f(e). As used in this section, the
term--
(2) ``national of the United States'' (i) has the meaning
given that term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) and (ii) means an
organization which is incorporated or chartered or has its
principal place of business in the United States;
______

SA 3942. Mr. LIEBERMAN (for Mr. McCain (for himself, and Mr.
Lieberman, and Mr. Bayh,) proposed an amendment to the bill S. 2845, to
reform the intelligence community and

[[Page S10164]]

the intelligence and intelligence-related activities of the United
States Government, and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE __--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM

SEC. __01. FINDINGS.

Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Long-term success in the war on terrorism demands the
use of all elements of national power, including diplomacy,
military action, intelligence, covert action, law
enforcement, economic policy, foreign aid, public diplomacy,
and homeland defense.
(2) To win the war on terrorism, the United States must
assign to economic and diplomatic capabilities the same
strategic priority that is assigned to military capabilities.
(3) The legislative and executive branches of the
Government of the United States must commit to robust, long-
term investments in all of the tools necessary for the
foreign policy of the United States to successfully
accomplish the goals of the United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign affairs
programs in general, and to priority areas as described in
this title in particular.

SEC. __02. TERRORIST SANCTUARIES.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by
government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11,
2001, and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find
sanctuary.
(5) During the 21st century, terrorists are focusing on
remote regions and failing states as locations to seek
sanctuary.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as
terrorist sanctuaries;
(2) the United States Government should have a realistic
strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a
sanctuary; and
(3) the United States Government should reach out, listen
to, and work with countries in bilateral and multilateral
fora to prevent locations from becoming sanctuaries and to
prevent terrorists from using locations as sanctuaries.

SEC. __03. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the Muslim
world, is critical to stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as
allies of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
fostering a stable and secure future in Pakistan, as long as
its leaders remain committed to combatting extremists and
extremism, ending the proliferation of weapons of mass
destruction, securing its borders, and gaining internal
control of all its territory while pursuing policies that
strengthen civil society, promote moderation and advance
socio-economic progress;
(2) Pakistan should make sincere efforts to transition to
democracy, enhanced rule of law, and robust civil
institutions, and United States policy toward Pakistan should
promote such a transition;
(3) the United States assistance to Pakistan should be
maintained at the overall levels requested by the President
for fiscal year 2005;
(4) the United States should support the Government of
Pakistan with a comprehensive effort that extends from
military aid to support for better education;
(5) the United States Government should devote particular
attention and resources to assisting in the improvement of
the quality of education in Pakistan; and
(6) the Government of Pakistan should devote additional
resources of such Government to expanding and improving
modern public education in Pakistan.

SEC. __04. AID TO AFGHANISTAN.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy,
and such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of narcotics.
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning
narcotics trade, endemic poverty, and other serious problems
in Afghanistan in order to prevent that country from
relapsing into a sanctuary for international terrorism.
(b) Sense of Congress.--
(1) Actions for afghanistan.--It is the sense of Congress
that the Government of the United States should take, with
respect to Afghanistan, the following actions:
(A) Working with other nations to obtain long-term
security, political, and financial commitments and
fulfillment of pledges to the Government of Afghanistan to
accomplish the objectives of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a
secure, democratic, and prosperous Afghanistan that respects
the rights of its citizens and is free of international
terrorist organizations.
(B) Using the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security
Council, to strengthen international commitments to assist
the Government of Afghanistan in enhancing security, building
national police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and public
services throughout the country.
(C) Taking appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(2) Revision of afghanistan freedom support act of 2002.--
It is the sense of Congress that Congress should, in
consultation with the President, update and revise, as
appropriate, the Afghanistan Freedom Support Act of 2002.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for each of the fiscal years 2005 through 2009
such sums as may be necessary to provide assistance for
Afghanistan, unless otherwise authorized by Congress, for the
following purposes:
(A) For development assistance under sections 103, 105, and
106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a,
2151c, and 2151d).
(B) For children's health programs under the Child Survival
and Health Program Fund under section 104 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b).
(C) For economic assistance under the Economic Support Fund
under chapter 4 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2346 et seq.).
(D) For international narcotics and law enforcement under
section 481 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291).
(E) For nonproliferation, anti-terrorism, demining, and
related programs.
(F) For international military education and training under
section 541 of the Foreign Assistance Act of 1961 (22 U.S.C.
2347).
(G) For Foreign Military Financing Program grants under
section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(H) For peacekeeping operations under section 551 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2348).
(2) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan Freedom
Support Act of 2002; and
(B) shall be provided with reference to the ``Securing
Afghanistan's Future'' document published by the Government
of Afghanistan.

[[Page S10165]]

SEC. __05. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamist extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia,
on May 12, 2003, especially cooperation to combat terror
groups operating inside Saudi Arabia.
(4) The Government of Saudi Arabia is now pursuing al Qaeda
within Saudi Arabia and has begun to take some modest steps
toward internal reform.
(5) Nonetheless, the Government of Saudi Arabia has been at
times unresponsive to United States requests for assistance
in the global war on Islamist terrorism.
(6) The Government of Saudi Arabia has not done all it can
to prevent nationals of Saudi Arabia from funding and
supporting extremist organizations in Saudi Arabia and other
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia;
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East; and
(5) the Government of Saudi Arabia must do all it can to
prevent nationals of Saudi Arabia from funding and supporting
extremist organizations in Saudi Arabia and other countries.

SEC. __06. EFFORTS TO COMBAT ISLAMIST TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While support for the United States has plummeted in
the Islamic world, many negative views are uninformed, at
best, and, at worst, are informed by coarse stereotypes and
caricatures.
(2) Local newspapers in Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous to the people and governments of other
countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.

SEC. __07. UNITED STATES POLICY TOWARD DICTATORSHIPS.

(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that short-term gains enjoyed by the United
States through cooperation with repressive dictatorships have
often been outweighed by long-term setbacks for the stature
and interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing
differences among people, and tolerance for opposing points
of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education
and economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for
opposing points of view.

SEC. __08. PROMOTION OF UNITED STATES VALUES THROUGH
BROADCAST MEDIA.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented and understood
in the Islamic world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in
the Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part
of this engagement.
(c) Authorizations of Appropriations.--There are authorized
to be appropriated to the President for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out United States Government broadcasting activities
under the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.), the United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et
seq.), and the Foreign Affairs Reform and Restructuring Act
of 1998 (22 U.S.C. 6501 et seq.), and to carry out other
activities under this section consistent with the purposes of
such Acts, unless otherwise authorized by Congress.

SEC. __09. EXPANSION OF UNITED STATES SCHOLARSHIP AND
EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Sense of Congress.--It is the sense of Congress that
the United States should expand its exchange, scholarship,
and library programs, especially those that benefit people in
the Arab and Muslim worlds.
(c) Authority To Expand Educational and Cultural
Exchanges.--The President is authorized to substantially
expand the exchange, scholarship, and library programs of the
United States, especially such programs that benefit people
in the Arab and Muslim worlds.
(d) Availability of Funds.--Of the amounts authorized to be
appropriated for educational and cultural exchange programs
in each of the fiscal years 2005 through 2009, there is
authorized to be made available to the Secretary of State
such sums as may be necessary to carry out programs under
this section, unless otherwise authorized by Congress.

SEC. __10. INTERNATIONAL YOUTH OPPORTUNITY FUND.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a
key element in any global strategy to eliminate Islamist
terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, efforts to improve education in the
Middle East must also include--
(A) support for the provision of basic education tools,
such as textbooks that translate more of the world's
knowledge into local languages and local libraries to house
such materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital

[[Page S10166]]

divide that already have been developed for other regions of
the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--The President shall establish an
International Youth Opportunity Fund to provide financial
assistance for the improvement of public education in the
Middle East.
(2) International participation.--The President shall seek
the cooperation of the international community in
establishing and generously supporting the Fund.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the President for the establishment of
the International Youth Opportunity Fund, in addition to any
amounts otherwise available for such purpose, such sums as
may be necessary for each of the fiscal years 2005 through
2009, unless otherwise authorized by Congress.

SEC. __11. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic
policies and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist
between the United States and Israel and the United States
and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers
lowering its barriers to trade with the poorest Arab
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that
have a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries
into the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its
assistance to countries in the Middle East to the promotion
of the rule of law.

SEC. __12. MIDDLE EAST PARTNERSHIP INITIATIVE.

(a) Authorization of Appropriations.--There is authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary for the Middle East
Partnership Initiative, unless otherwise authorized by
Congress.
(b) Sense of Congress.--It is the sense of Congress that,
given the importance of the rule of law and economic reform
to development in the Middle East, a significant portion of
the funds authorized to be appropriated under subsection (a)
should be made available to promote the rule of law in the
Middle East.

SEC. __13. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING
TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the governments of
other countries in a process of advancing beyond separate and
uncoordinated national counterterrorism strategies to develop
with those other governments a comprehensive coalition
strategy to fight Islamist terrorism; and
(B) to that end, should seek to establish an international
counterterrorism policy contact group with the leaders of
governments providing leadership in global counterterrorism
efforts and governments of countries with sizable Muslim
populations, to be used as a ready and flexible international
means for discussing and coordinating the development of
important counterterrorism policies by the participating
governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the various
components of international prosecution of the war on
terrorism, including policies and a strategy that address
military issues, law enforcement, the collection, analysis,
and dissemination of intelligence, issues relating to
interdiction of travel by terrorists, counterterrorism-
related customs issues, financial issues, and issues relating
to terrorist sanctuaries.
(B) To address, to the extent (if any) that the President
and leaders of other participating governments determine
appropriate, such long-term issues as economic and political
reforms that can contribute to strengthening stability and
security in the Middle East.

SEC. __14. TREATMENT OF FOREIGN PRISONERS.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that are
adhered to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(b) Policy.--The policy of the United States is as follows:
(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned or otherwise
held in the custody of the United States (hereinafter
``prisoners'') humanely and in accordance with standards that
the United States would consider legal if perpetrated by the
enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and
in peacetime by the legal prohibition against torture, cruel,
inhuman or degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva
Conventions, such prisoners shall enjoy the protections of
the Geneva Conventions until such time as their status can be
determined pursuant to the procedures authorized by Army
Regulation 190-8, Section 1-6.
(4) It is the policy of the United States to expeditiously
prosecute cases of terrorism or other criminal acts alleged
to have been committed by prisoners in the custody of the
United States Armed Forces at Guantanamo Bay, Cuba, in order
to avoid the indefinite detention of prisoners, which is
contrary to the legal principles and security interests of
the United States.
(c) Reporting.--The Department of Defense shall submit to
the appropriate congressional committees:
(1) A quarterly report providing the number of prisoners
who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such
prisoner.
(2) A report setting forth--
(A) the proposed schedule for military commissions to be
held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at Guantanamo
Bay, Cuba, the number of such individuals who are unlikely to
face a military commission in the next six months, and each
reason for not bringing such individuals before a military
commission.
(3) All International Committee of the Red Cross reports,
completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo
Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be
provided, in classified form, not later than 15 days after
enactment of this Act.
(4) A report setting forth all prisoner interrogation
techniques approved by officials of the United States.
(d) Annual Training Requirement.--The Department of Defense
shall certify that all Federal employees and civilian
contractors engaged in the handling or interrogating of
prisoners have fulfilled an annual training requirement on
the laws of war, the Geneva Conventions and the obligations
of the United States under international humanitarian law.
(e) Prohibition on Torture or Cruel, Inhumane, or Degrading
Treatment or Punishment.--
(1) In general.--No prisoner shall be subject to torture or
cruel, inhumane, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the
United States.
(2) Relationship to geneva conventions.--Nothing in this
section shall affect the status of any person under the
Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(f) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act,

[[Page S10167]]

the Secretary and the Director shall prescribe the rules,
regulations, or guidelines necessary to ensure compliance
with the prohibition in subsection (e)(1) by all personnel of
the United States Government and by any person providing
services to the United States Government on a contract basis.
(2) Report to congress.--The Secretary and the Director
shall submit to Congress the rules, regulations, or
guidelines prescribed under paragraph (1), and any
modifications to such rules, regulations, or guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(g) Reports on Possible Violations.--
(1) Requirement.--The Secretary and the Director shall each
submit, on a timely basis and not less than twice each year,
a report to Congress on the circumstances surrounding any
investigation of a possible violation of the prohibition in
subsection (e)(1) by United States Government personnel or by
a person providing services to the United States Government
on a contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the
prohibition in subsection (e)(1).
(h) Report on a Coalition Approach Toward the Detention and
Humane Treatment of Captured Terrorists.--Not later than 180
days after the date of the enactment of this Act, the
President shall submit to Congress a report describing the
efforts of the United States Government to develop an
approach toward the detention and humane treatment of
captured international terrorists that will be adhered to by
all countries that are members of the coalition against
terrorism.
(i) Definitions.--In this section:
(1) Cruel, inhumane, or degrading treatment or
punishment.--The term ``cruel, inhumane, or degrading
treatment or punishment'' means the cruel, unusual, and
inhumane treatment or punishment prohibited by the fifth
amendment, eighth amendment, or fourteenth amendment to the
Constitution.
(2) Director.--The term ``Director'' means the National
Intelligence Director.
(3) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.

SEC. __15. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Al Qaeda and other terror groups have tried to acquire
or make weapons of mass destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for
use of any such weapon by al Qaeda.
(3) Although the United States Government has supported the
Cooperative Threat Reduction, Global Threat Reduction
Initiative, and other nonproliferation assistance programs,
nonproliferation experts continue to express deep concern
about the adequacy of such efforts to secure weapons of mass
destruction and related materials that still exist in Russia
other countries of the former Soviet Union, and around the
world.
(4) The cost of increased investment in the prevention of
proliferation of weapons of mass destruction and related
materials is greatly outweighed by the potentially
catastrophic cost to the United States of the use of such
weapons by terrorists.
(5) The Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs are the United States primary method of preventing
the proliferation of weapons of mass destruction and related
materials from Russia and the states of the former Soviet
Union, but require further expansion, improvement, and
resources.
(6) Better coordination is needed within the executive
branch of government for the budget development, oversight,
and implementation of the Cooperative Threat Reduction,
Global Threat Reduction Initiative, and other
nonproliferation assistance programs, and critical elements
of such programs are operated by the Departments of Defense,
Energy, and State.
(7) The effective implementation of the Cooperative Threat
Reduction, Global Threat Reduction Initiative, and other
nonproliferation assistance programs in the countries of the
former Soviet Union is hampered by Russian behavior and
conditions on the provision of assistance under such programs
that are unrelated to bilateral cooperation on weapons
dismantlement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of weapons
of mass destruction and related materials, wherever such
proliferation may occur, is warranted;
(2) the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs should be expanded, improved, accelerated, and
better funded to address the global dimensions of the
proliferation threat; and
(3) the Proliferation Security Initiative is an important
counterproliferation program that should be expanded to
include additional partners.
(c) Cooperative Threat Reduction, Global Threat Reduction
Initiative, and Other Nonproliferation Assistance Programs.--
In this section, the term ``Cooperative Threat Reduction,
Global Threat Reduction Initiative, and other
nonproliferation assistance programs'' includes--
(1) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 50 U.S.C. 2362 note);
(2) the activities for which appropriations are authorized
by section 3101(a)(2) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1742);
(3) the Department of State program of assistance to
science centers;
(4) the Global Threat Reduction Initiative of the
Department of Energy; and
(5) a program of any agency of the Federal Government
having the purpose of assisting any foreign government in
preventing nuclear weapons, plutonium, highly enriched
uranium, or other materials capable of sustaining an
explosive nuclear chain reaction, or nuclear weapons
technology from becoming available to terrorist
organizations.
(d) Strategy and Plan.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress--
(A) a comprehensive strategy for expanding and
strengthening the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs; and
(B) an estimate of the funding necessary to execute such
strategy.
(2) Plan.--The strategy required by paragraph (1) shall
include a plan for securing the nuclear weapons and related
materials that are the most likely to be acquired or sought
by, and susceptible to becoming available to, terrorist
organizations, including--
(A) a prioritized list of the most dangerous and vulnerable
sites;
(B) measurable milestones for improving United States
nonproliferation assistance programs;
(C) a schedule for achieving such milestones; and
(D) initial estimates of the resources necessary to achieve
such milestones under such schedule.

SEC. __16. FINANCING OF TERRORISM.

(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful,
efforts to target the relatively small number of al Qaeda
financial facilitators have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to
al Qaeda, and has made it more difficult for al Qaeda to
raise and move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to
continue the cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their
operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a critical weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial
facilitators by intelligence and law enforcement agencies;
and
(2) efforts to track terrorist financing must be paramount
in United States counter-terrorism efforts.
(c) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report evaluating the effectiveness of United
States efforts to curtail the international financing of
terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to the
identification and tracking of terrorist financing;
(B) ways to improve multinational and international
governmental cooperation in this effort;
(C) ways to improve the effectiveness of financial
institutions in this effort;
(D) the adequacy of agency coordination, nationally and
internationally, including

[[Page S10168]]

international treaties and compacts, in this effort and ways
to improve that coordination; and
(E) recommendations for changes in law and additional
resources required to improve this effort.

SEC. __17. REPORT TO CONGRESS.

(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the President shall
submit to Congress a report on the activities of the
Government of the United States to carry out the provisions
of this title.
(b) Content.--The report required under this section shall
include the following:
(1) Terrorist sanctuaries.--A description of the strategy
of the United States to address and, where possible,
eliminate terrorist sanctuaries, including--
(A) a description of actual and potential terrorist
sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries;
(B) an outline of strategies for disrupting or eliminating
the security provided to terrorists by such sanctuaries;
(C) a description of efforts by the United States
Government to work with other countries in bilateral and
multilateral fora to address or eliminate actual or potential
terrorist sanctuaries and disrupt or eliminate the security
provided to terrorists by such sanctuaries; and
(D) a description of long-term goals and actions designed
to reduce the conditions that allow the formation of
terrorist sanctuaries, such as supporting and strengthening
host governments, reducing poverty, increasing economic
development, strengthening civil society, securing borders,
strengthening internal security forces, and disrupting
logistics and communications networks of terrorist groups.
(2) Support for pakistan.--A description of the efforts of
the United States Government to support Pakistan and
encourage moderation in that country, including--
(A) an examination of the desirability of establishing a
Pakistan Education Fund to direct resources toward improving
the quality of secondary schools in Pakistan, and an
examination of the efforts of the Government of Pakistan to
fund modern public education;
(B) recommendations on the funding necessary to provide
various levels of educational support;
(C) an examination of the current composition and levels of
United States military aid to Pakistan, together with any
recommendations for changes in such levels and composition
that the President considers appropriate; and
(D) an examination of other major types of United States
financial support to Pakistan, together with any
recommendations for changes in the levels and composition of
such support that the President considers appropriate.
(3) Support for afghanistan.--
(A) Specific objectives.--A description of the strategy of
the United States to provide aid to Afghanistan during the 5-
year period beginning on the date of enactment of this Act,
including a description of the resources necessary during the
next 5 years to achieve specific objectives in Afghanistan in
the following areas:
(i) Fostering economic development.
(ii) Curtailing the cultivation of opium.
(iii) Achieving internal security and stability.
(iv) Eliminating terrorist sanctuaries.
(v) Increasing governmental capabilities.
(vi) Improving essential infrastructure and public
services.
(vii) Improving public health services.
(viii) Establishing a broad-based educational system.
(ix) Promoting democracy and the rule of law.
(x) Building national police and military forces.
(B) Progress.--A description of--
(i) the progress made toward achieving the objectives
described in clauses (i) through (x) of subparagraph (A); and
(ii) any shortfalls in meeting such objectives and the
resources needed to fully achieve such objectives.
(4) Collaboration with saudi arabia.--A description of the
strategy of the United States for expanding collaboration
with the Government of Saudi Arabia on subjects of mutual
interest and of importance to the United States, including a
description of--
(A) the utility of the President undertaking a periodic,
formal, and visible high-level dialogue between senior United
States Government officials of cabinet level or higher rank
and their counterparts in the Government of Saudi Arabia to
address challenges in the relationship between the two
governments and to identify areas and mechanisms for
cooperation;
(B) intelligence and security cooperation between the
United States and Saudi Arabia in the fight against Islamist
terrorism;
(C) ways to advance Saudi Arabia's contribution to the
Middle East peace process;
(D) political and economic reform in Saudi Arabia and
throughout the Middle East;
(E) ways to promote greater tolerance and respect for
cultural and religious diversity in Saudi Arabia and
throughout the Middle East; and
(F) ways to assist the Government of Saudi Arabia in
preventing nationals of Saudi Arabia from funding and
supporting extremist groups in Saudi Arabia and other
countries.
(5) Struggle of ideas in the islamic world.--A description
of a cohesive, long-term strategy of the United States to
help win the struggle of ideas in the Islamic world,
including the following:
(A) A description of specific goals related to winning this
struggle of ideas.
(B) A description of the range of tools available to the
United States Government to accomplish such goals and the
manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and a plan
for linking resources to the accomplishment of such goals.
(D) A description of any additional resources that may be
necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and United
States participation in, international institutions for the
promotion of democracy and economic diversification in the
Islamic world, and intraregional trade in the Middle East.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince United States
allies and people in the Islamic world that engaging in the
struggle of ideas in the Islamic world is a top priority of
the United States and that the United States intends to make
a substantial and sustained commitment toward winning this
struggle.
(6) Outreach through broadcast media.--A description of a
cohesive, long-term strategy of the United States to expand
its outreach to foreign Muslim audiences through broadcast
media, including the following:
(A) The initiatives of the Broadcasting Board of Governors
with respect to outreach to foreign Muslim audiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly and
comprehensively present a United States point of view through
indigenous broadcast media in countries with sizable Muslim
populations, including increasing appearances by United
States Government officials, experts, and citizens.
(C) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters to
dub or subtitle into Arabic and other relevant languages
their news and public affairs programs broadcast in the
Muslim world in order to present those programs to a much
broader Muslim audience than is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve the
objectives of the strategy.
(7) Visas for participants in united states programs.--A
description of--
(A) any recommendations for expediting the issuance of
visas to individuals who are entering the United States for
the purpose of participating in a scholarship, exchange, or
visitor program described in subsection (c) of section __09
without compromising the security of the United States; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(8) Basic education in muslim countries.--A description of
a strategy, that was developed after consultation with
nongovernmental organizations and individuals involved in
education assistance programs in developing countries, to
promote free universal basic education in the countries of
the Middle East and in other countries with significant
Muslim populations designated by the President. The strategy
shall include the following elements:
(A) A description of the manner in which the resources of
the United States and the international community shall be
used to help achieve free universal basic education in such
countries, including--
(i) efforts of the United states to coordinate an
international effort;
(ii) activities of the United States to leverage
contributions from members of the Group of Eight or other
donors; and
(iii) assistance provided by the United States to leverage
contributions from the private sector and civil society
organizations.
(B) A description of the efforts of the United States to
coordinate with other donors to reduce duplication and waste
at the global and country levels and to ensure efficient
coordination among all relevant departments and agencies of
the Government of the United States.
(C) A description of the strategy of the United States to
assist efforts to overcome challenges to achieving free
universal basic education in such countries, including
strategies to target hard to reach populations to promote
education.
(D) A listing of countries that the President determines
are eligible for assistance under the International Youth
Opportunity Fund described in section __10 and related
programs.
(E) A description of the efforts of the United States to
encourage countries in the Middle East and other countries
with significant Muslim populations designated by the
President to develop and implement a national education plan.
(F) A description of activities carried out as part of the
International Youth Opportunity Fund to help close the
digital divide and expand vocational and business skills in
such countries.
(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country described
in subparagraph (D), and an estimate of the amount that has
been expended by the United States

[[Page S10169]]

and by each such country during the previous fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from countries
in the Middle East and other countries with significant
Muslim populations designated by the President, international
organizations, and other countries that share the objectives
of the International Youth and Opportunity Fund.
(9) Economic reform.--A description of the efforts of the
United States Government to encourage development and promote
economic reform in countries that have a significant
population of Arab or Muslim individuals, including a
description of--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the global
trading system; and
(B) actions that the United States Government, acting alone
and in partnership with governments in the Middle East, can
take to promote intraregional trade and the rule of law in
the region.

SEC. __18. EFFECTIVE DATE.

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

SA 3943. Mr. INOFE (for Mr. Gregg (for himself, Mr. Harkin, Mr.
Kennedy, Mr. Enzi, Mr. Reed, Mr. DeWine, Mrs. Clinton, Mr. Roberts, Mr.
Bingaman, Mrs. Murray, Mr. Daschle, and Mr. Dodd)) submitted an
amendment intended to be proposed by Mr. Inhofe to the bill H.R. 4278,
to amend the Assistive Technology Act of 1998 to support programs of
grants to States to address the assistive technology needs of
individuals with disabilities, 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 ``Assistive Technology Act of
2004''.

SEC. 2. AMENDMENT TO THE ASSISTIVE TECHNOLOGY ACT OF 1998.

The Assistive Technology Act of 1998 (29 U.S.C. 3001 et
seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

``(a) Short Title.--This Act may be cited as the `Assistive
Technology Act of 1998'.
``(b) Table of Contents.--The table of contents of this Act
is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings and purposes.
``Sec. 3. Definitions.
``Sec. 4. State grants for assistive technology.
``Sec. 5. State grants for protection and advocacy services related to
assistive technology.
``Sec. 6. National activities.
``Sec. 7. Administrative provisions.
``Sec. 8. Authorization of appropriations.

``SEC. 2. FINDINGS AND PURPOSES.

``(a) Findings.--Congress finds the following:
``(1) Over 54,000,000 individuals in the United States have
disabilities, with almost half experiencing severe
disabilities that affect their ability to see, hear,
communicate, reason, walk, or perform other basic life
functions.
``(2) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to--
``(A) live independently;
``(B) enjoy self-determination and make choices;
``(C) benefit from an education;
``(D) pursue meaningful careers; and
``(E) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of
society in the United States.
``(3) Technology is one of the primary engines for economic
activity, education, and innovation in the Nation, and
throughout the world. The commitment of the United States to
the development and utilization of technology is one of the
main factors underlying the strength and vibrancy of the
economy of the United States.
``(4) As technology has come to play an increasingly
important role in the lives of all persons in the United
States, in the conduct of business, in the functioning of
government, in the fostering of communication, in the conduct
of commerce, and in the provision of education, its impact
upon the lives of individuals with disabilities in the United
States has been comparable to its impact upon the remainder
of the citizens of the United States. Any development in
mainstream technology will have profound implications for
individuals with disabilities in the United States.
``(5) Substantial progress has been made in the development
of assistive technology devices, including adaptations to
existing devices that facilitate activities of daily living
that significantly benefit individuals with disabilities of
all ages. These devices, including adaptations, increase
involvement in, and reduce expenditures associated with,
programs and activities that facilitate communication, ensure
independent functioning, enable early childhood development,
support educational achievement, provide and enhance
employment options, and enable full participation in
community living for individuals with disabilities. Access to
such devices can also reduce expenditures associated with
early childhood intervention, education, rehabilitation and
training, health care, employment, residential living,
independent living, recreation opportunities, and other
aspects of daily living.
``(6) Over the last 15 years, the Federal Government has
invested in the development of comprehensive statewide
programs of technology-related assistance, which have proven
effective in assisting individuals with disabilities in
accessing assistive technology devices and assistive
technology services. This partnership between the Federal
Government and the States provided an important service to
individuals with disabilities by strengthening the capacity
of each State to assist individuals with disabilities of all
ages meet their assistive technology needs.
``(7) Despite the success of the Federal-State partnership
in providing access to assistive technology devices and
assistive technology services, there is a continued need to
provide information about the availability of assistive
technology, advances in improving accessibility and
functionality of assistive technology, and appropriate
methods to secure and utilize assistive technology in order
to maximize the independence and participation of individuals
with disabilities in society.
``(8) The combination of significant recent changes in
Federal policy (including changes to section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d), accessibility
provisions of the Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.), and the amendments made to the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) by
the No Child Left Behind Act of 2001) and the rapid and
unending evolution of technology require a Federal-State
investment in State assistive technology systems to continue
to ensure that individuals with disabilities reap the
benefits of the technological revolution and participate
fully in life in their communities.
``(b) Purposes.--The purposes of this Act are--
``(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities through
comprehensive statewide programs of technology-related
assistance, for individuals with disabilities of all ages,
that are designed to--
``(A) increase the availability of, funding for, access to,
provision of, and training about assistive technology devices
and assistive technology services;
``(B) increase the ability of individuals with disabilities
of all ages to secure and maintain possession of assistive
technology devices as such individuals make the transition
between services offered by educational or human service
agencies or between settings of daily living (for example,
between home and work);
``(C) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
and assistive technology services on a statewide basis for
individuals with disabilities of all ages;
``(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
``(E) increase and promote coordination among State
agencies, between State and local agencies, among local
agencies, and between State and local agencies and private
entities (such as managed care providers), that are involved
or are eligible to be involved in carrying out activities
under this Act;
``(F) increase the awareness and facilitate the change of
laws, regulations, policies, practices, procedures, and
organizational structures, that facilitate the availability
or provision of assistive technology devices and assistive
technology services; and
``(G) increase awareness and knowledge of the benefits of
assistive technology devices and assistive technology
services among targeted individuals and entities and the
general population; and
``(2) to provide States with financial assistance that
supports programs designed to maximize the ability of
individuals with disabilities and their family members,
guardians, advocates, and authorized representatives to
obtain assistive technology devices and assistive technology
services.

``SEC. 3. DEFINITIONS.

``In this Act:
``(1) Adult service program.--The term `adult service
program' means a program that provides services to, or is
otherwise substantially involved with the major life
functions of, individuals with disabilities. Such term
includes--
``(A) a program providing residential, supportive, or
employment services, or employment-related services, to
individuals with disabilities;
``(B) a program carried out by a center for independent
living, such as a center described in part C of title VII of
the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
``(C) a program carried out by an employment support agency
connected to adult vocational rehabilitation, such as a one-
stop partner, as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801); and
``(D) a program carried out by another organization or
vender licensed or registered by the designated State agency,
as defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705).

[[Page S10170]]

``(2) American indian consortium.--The term `American
Indian consortium' means an entity that is an American Indian
Consortium (as defined in section 102 of Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002)), and that is established to provide protection
and advocacy services for purposes of receiving funding under
subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
``(3) Assistive technology.--The term `assistive
technology' means technology designed to be utilized in an
assistive technology device or assistive technology service.
``(4) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
``(5) Assistive technology service.--The term `assistive
technology service' means any service that directly assists
an individual with a disability in the selection,
acquisition, or use of an assistive technology device. Such
term includes--
``(A) the evaluation of the assistive technology needs of
an individual with a disability, including a functional
evaluation of the impact of the provision of appropriate
assistive technology and appropriate services to the
individual in the customary environment of the individual;
``(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive
technology devices by individuals with disabilities;
``(C) a service consisting of selecting, designing,
fitting, customizing, adapting, applying, maintaining,
repairing, replacing, or donating assistive technology
devices;
``(D) coordination and use of necessary therapies,
interventions, or services with assistive technology devices,
such as therapies, interventions, or services associated with
education and rehabilitation plans and programs;
``(E) training or technical assistance for an individual
with a disability or, where appropriate, the family members,
guardians, advocates, or authorized representatives of such
an individual;
``(F) training or technical assistance for professionals
(including individuals providing education and rehabilitation
services and entities that manufacture or sell assistive
technology devices), employers, providers of employment and
training services, or other individuals who provide services
to, employ, or are otherwise substantially involved in the
major life functions of individuals with disabilities; and
``(G) a service consisting of expanding the availability of
access to technology, including electronic and information
technology, to individuals with disabilities.
``(6) Capacity building and advocacy activities.--The term
`capacity building and advocacy activities' means efforts
that--
``(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote
consumer-responsive programs or entities; and
``(B) facilitate and increase access to, provision of, and
funding for, assistive technology devices and assistive
technology services, in order to empower individuals with
disabilities to achieve greater independence, productivity,
and integration and inclusion within the community and the
workforce.
``(7) Comprehensive statewide program of technology-related
assistance.--The term `comprehensive statewide program of
technology-related assistance' means a consumer-responsive
program of technology-related assistance for individuals with
disabilities, implemented by a State, and equally available
to all individuals with disabilities residing in the State,
regardless of their type of disability, age, income level, or
location of residence in the State, or the type of assistive
technology device or assistive technology service required.
``(8) Consumer-responsive.--The term `consumer-
responsive'--
``(A) with regard to policies, means that the policies are
consistent with the principles of--
``(i) respect for individual dignity, personal
responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with
disabilities;
``(ii) respect for the privacy, rights, and equal access
(including the use of accessible formats) of such
individuals;
``(iii) inclusion, integration, and full participation of
such individuals in society;
``(iv) support for the involvement in decisions of a family
member, a guardian, an advocate, or an authorized
representative, if an individual with a disability requests,
desires, or needs such involvement; and
``(v) support for individual and systems advocacy and
community involvement; and
``(B) with respect to an entity, program, or activity,
means that the entity, program, or activity--
``(i) is easily accessible to, and usable by, individuals
with disabilities and, when appropriate, their family
members, guardians, advocates, or authorized representatives;
``(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
``(iii) facilitates the full and meaningful participation
of individuals with disabilities (including individuals from
underrepresented populations and rural populations) and their
family members, guardians, advocates, and authorized
representatives, in--

``(I) decisions relating to the provision of assistive
technology devices and assistive technology services to such
individuals; and
``(II) decisions related to the maintenance, improvement,
and evaluation of the comprehensive statewide program of
technology-related assistance, including decisions that
affect capacity building and advocacy activities.

``(9) Disability.--The term `disability' means a condition
of an individual that is considered to be a disability or
handicap for the purposes of any Federal law other than this
Act or for the purposes of the law of the State in which the
individual resides.
``(10) Individual with a disability; individuals with
disabilities.--
``(A) Individual with a disability.--The term `individual
with a disability' means any individual of any age, race, or
ethnicity--
``(i) who has a disability; and
``(ii) who is or would be enabled by an assistive
technology device or an assistive technology service to
minimize deterioration in functioning, to maintain a level of
functioning, or to achieve a greater level of functioning in
any major life activity.
``(B) Individuals with disabilities.--The term `individuals
with disabilities' means more than 1 individual with a
disability.
``(11) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)), and includes a community college
receiving funding under the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
``(12) Protection and advocacy services.--The term
`protection and advocacy services' means services that--
``(A) are described in subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.), the Protection and
Advocacy for Individuals with Mental Illness Act (42 U.S.C.
10801 et seq.), or section 509 of the Rehabilitation Act of
1973 (29 U.S.C. 794e); and
``(B) assist individuals with disabilities with respect to
assistive technology devices and assistive technology
services.
``(13) Secretary.--The term `Secretary' means the Secretary
of Education.
``(14) State.--
``(A) In general.--Except as provided in subparagraph (B),
the term `State' means each of the 50 States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
``(B) Outlying areas.--In section 4(b):
``(i) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(ii) State.--The term `State' does not include the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(15) State assistive technology program.--The term `State
assistive technology program' means a program authorized
under section 4.
``(16) Targeted individuals and entities.--The term
`targeted individuals and entities' means--
``(A) individuals with disabilities of all ages and their
family members, guardians, advocates, and authorized
representatives;
``(B) underrepresented populations, including the aging
workforce;
``(C) individuals who work for public or private entities
(including centers for independent living described in part C
of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), insurers, or managed care providers) that have
contact, or provide services to, with individuals with
disabilities;
``(D) educators at all levels (including providers of early
intervention services, elementary schools, secondary schools,
community colleges, and vocational and other institutions of
higher education) and related services personnel;
``(E) technology experts (including web designers and
procurement officials);
``(F) health, allied health, and rehabilitation
professionals and hospital employees (including discharge
planners);
``(G) employers, especially small business employers, and
providers of employment and training services;
``(H) entities that manufacture or sell assistive
technology devices;
``(I) entities that carry out community programs designed
to develop essential community services in rural and urban
areas; and
``(J) other appropriate individuals and entities, as
determined for a State by the State.
``(17) Technology-related assistance.--The term
`technology-related assistance' means assistance provided
through capacity building and advocacy activities that
accomplish the purposes described in section 2(b).
``(18) Underrepresented population.--The term
`underrepresented population' means a population that is
typically underrepresented in service provision, and includes
populations such as persons who have low-incidence
disabilities, persons who are minorities, poor persons,
persons with limited English proficiency, older individuals,
or persons from rural areas.
``(19) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the

[[Page S10171]]

widest possible range of functional capabilities, which
include products and services that are directly accessible
(without requiring assistive technologies) and products and
services that are interoperable with assistive technologies.

``SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY.

``(a) Grants to States.--The Secretary shall award grants
under subsection (b) to States to maintain comprehensive
statewide programs of technology-related assistance to
support programs that are designed to maximize the ability of
individuals with disabilities across the human lifespan and
across the wide array of disabilities, and their family
members, guardians, advocates, and authorized
representatives, to obtain assistive technology, and that are
designed to increase access to assistive technology.
``(b) Amount of Financial Assistance.--
``(1) In general.--From funds made available to carry out
this section, the Secretary shall award a grant to each
eligible State and eligible outlying area from an allotment
determined in accordance with paragraph (2).
``(2) Calculation of state grants.--
``(A) Base year.--Except as provided in subparagraphs (B)
and (C), the Secretary shall allot to each State and outlying
area for a fiscal year an amount that is not less than the
amount the State or outlying area received under the grants
provided under section 101 of this Act (as in effect on the
day before the date of enactment of the Assistive Technology
Act of 2004) for fiscal year 2004.
``(B) Ratable reduction.--
``(i) In general.--If funds made available to carry out
this section for any fiscal year are insufficient to make the
allotments required for each State and outlying area under
subparagraph (A) for such fiscal year, the Secretary shall
ratably reduce the allotments for such fiscal year.
``(ii) Additional funds.--If, after the Secretary makes the
reductions described in clause (i), additional funds become
available to carry out this section for the fiscal year, the
Secretary shall ratably increase the allotments, until the
Secretary has allotted the entire base year amount.
``(C) Higher appropriation years.--Except as provided in
subparagraph (D), for a fiscal year for which the amount of
funds made available to carry out this section is greater
than the base year amount, the Secretary shall--
``(i) make the allotments described in subparagraph (A);
``(ii) from a portion of the remainder of the funds after
the Secretary makes the allotments described in clause (i),
the Secretary shall--

``(I) from 50 percent of the portion, allot to each State
or outlying area an equal amount; and
``(II) from 50 percent of the portion, allot to each State
or outlying area an amount that bears the same relationship
to such 50 percent as the population of the State or outlying
area bears to the population of all States and outlying
areas,

until each State has received an allotment of not less than
$410,000 and each outlying area has received an allotment of
$125,000 under clause (i) and this clause;
``(iii) from the remainder of the funds after the Secretary
makes the allotments described in clause (ii), the Secretary
shall--

``(I) from 80 percent of the remainder allot to each State
an amount that bears the same relationship to such 80 percent
as the population of the State bears to the population of all
States; and
``(II) from 20 percent of the remainder, allot to each
State an equal amount.

``(D) Special rule for fiscal year 2005.--Notwithstanding
subparagraph (C), if the amount of funds made available to
carry out this section for fiscal year 2005 is greater than
the base year amount, the Secretary may award grants on a
competitive basis for periods of 1 year to States or outlying
areas in accordance with the requirements of title III of
this Act (as in effect on the day before the date of
enactment of the Assistive Technology Act of 2004) to
develop, support, expand, or administer an alternative
financing program.
``(E) Base year amount.--In this paragraph, the term `base
year amount' means the total amount received by all States
and outlying areas under the grants described in subparagraph
(A) for fiscal year 2004.
``(c) Lead Agency, Implementing Entity, and Advisory
Council.--
``(1) Lead agency and implementing entity.--
``(A) Lead agency.--
``(i) In general.--The Governor of a State shall designate
a public agency as a lead agency--

``(I) to control and administer the funds made available
through the grant awarded to the State under this section;
and
``(II) to submit the application described in subsection
(d) on behalf of the State, to ensure conformance with
Federal and State accounting requirements.

``(ii) Duties.--The duties of the lead agency shall
include--

``(I) preparing the application described in subsection (d)
and carrying out State activities described in that
application, including making programmatic and resource
allocation decisions necessary to implement the comprehensive
statewide program of technology-related assistance;
``(II) coordinating the activities of the comprehensive
statewide program of technology-related assistance among
public and private entities, including coordinating efforts
related to entering into interagency agreements, and
maintaining and evaluating the program; and
``(III) coordinating efforts related to the active, timely,
and meaningful participation by individuals with disabilities
and their family members, guardians, advocates, or authorized
representatives, and other appropriate individuals, with
respect to activities carried out through the grant.

``(B) Implementing entity.--The Governor may designate an
agency, office, or other entity to carry out State activities
under this section (referred to in this section as the
`implementing entity'), if such implementing entity is
different from the lead agency. The implementing agency shall
carry out responsibilities under this Act through a
subcontract or another administrative agreement with the lead
agency.
``(C) Change in agency or entity.--
``(i) In general.--On obtaining the approval of the
Secretary, the Governor may redesignate the lead agency, or
the implementing entity, if the Governor shows to the
Secretary good cause why the entity designated as the lead
agency, or the implementing entity, respectively, should not
serve as that agency or entity, respectively. The Governor
shall make the showing in the application described in
subsection (d).
``(ii) Construction.--Nothing in this paragraph shall be
construed to require the Governor of a State to change the
lead agency or implementing entity of the State to an agency
other than the lead agency or implementing entity of such
State as of the date of enactment of the Assistive Technology
Act of 2004.
``(2) Advisory council.--
``(A) In general.--There shall be established an advisory
council to provide consumer-responsive, consumer-driven
advice to the State for, planning of, implementation of, and
evaluation of the activities carried out through the grant,
including setting the measurable goals described in
subsection (d)(3).
``(B) Composition and representation.--
``(i) Composition.--The advisory council shall be composed
of--

``(I) individuals with disabilities that use assistive
technology or the family members or guardians of the
individuals;
``(II) a representative of the designated State agency, as
defined in section 7 of the Rehabilitation Act of 1973 (29
U.S.C. 705) and the State agency for individuals who are
blind (within the meaning of section 101 of that Act (29
U.S.C. 721)), if such agency is separate;
``(III) a representative of a State center for independent
living described in part C of title VII of the Rehabilitation
Act of 1973 (29 U.S.C. 796f et seq.);
``(IV) a representative of the State workforce investment
board established under section 111 of the Workforce
Investment Act of 1998 (29 U.S.C. 2821);
``(V) a representative of the State educational agency, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801); and
``(VI) representatives of other State agencies, public
agencies, or private organizations, as determined by the
State.

``(ii) Majority.--

``(I) In general.--A majority, not less than 51 percent, of
the members of the advisory council, shall be members
appointed under clause (i)(I).
``(II) Representatives of agencies.--Members appointed
under subclauses (II) through (VI) of clause (i) shall not
count toward the majority membership requirement established
in subclause (I).

``(iii) Representation.--The advisory council shall be
geographically representative of the State and reflect the
diversity of the State with respect to race, ethnicity, types
of disabilities across the age span, and users of types of
services that an individual with a disability may receive.
``(C) Expenses.--The members of the advisory council shall
receive no compensation for their service on the advisory
council, but shall be reimbursed for reasonable and necessary
expenses actually incurred in the performance of official
duties for the advisory council.
``(D) Period.--The members of the State advisory council
shall be appointed not later than 120 days after the date of
enactment of the Assistive Technology Act of 2004.
``(E) Impact on existing statutes, rules, or policies.--
Nothing in this paragraph shall be construed to affect State
statutes, rules, or official policies relating to advisory
bodies for State assistive technology programs or require
changes to governing bodies of incorporated agencies who
carry out State assistive technology programs.
``(d) Application.--
``(1) In general.--Any State that desires to receive a
grant under this section shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Lead agency and implementing entity.--The application
shall contain information identifying and describing the lead
agency referred to in subsection (c)(1)(A). The application
shall contain information identifying and describing the
implementing entity referred to in subsection (c)(1)(B), if
the Governor of the State designates such an entity.
``(3) Measurable goals.--The application shall include--

[[Page S10172]]

``(A) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the
State related to--
``(i) education, including goals involving the provision of
assistive technology to individuals with disabilities who
receive services under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(ii) employment, including goals involving the State
vocational rehabilitation program carried out under title I
of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
``(iii) telecommunication and information technology; and
``(iv) community living; and
``(B) information describing how the State will
quantifiably measure the goals to determine whether the goals
have been achieved.
``(4) Involvement of public and private entities.--The
application shall describe how various public and private
entities were involved in the development of the application
and will be involved in the implementation of the activities
to be carried out through the grant, including--
``(A) in cases determined to be appropriate by the State, a
description of the nature and extent of resources that will
be committed by public and private collaborators to assist in
accomplishing identified goals; and
``(B) a description of the mechanisms established to ensure
coordination of activities and collaboration between the
implementing entity, if any, and the State.
``(5) Implementation.--The application shall include a
description of--
``(A) how the State will implement each of the required
activities described in subsection (e), except as provided in
subsection (e)(6)(A); and
``(B) how the State will allocate and utilize grant funds
to implement the activities, including describing proposed
budget allocations and planned procedures for tracking
expenditures for activities described in paragraphs (2) and
(3) of subsection (e).
``(6) Assurances.--The application shall include assurances
that--
``(A) the State will annually collect data related to the
required activities implemented by the State under this
section in order to prepare the progress reports required
under subsection (f);
``(B) funds received through the grant--
``(i) will be expended in accordance with this section; and
``(ii) will be used to supplement, and not supplant, funds
available from other sources for technology-related
assistance, including the provision of assistive technology
devices and assistive technology services;
``(C) the lead agency will control and administer the funds
received through the grant;
``(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure proper
disbursement of and accounting for the funds received through
the grant;
``(E) the physical facility of the lead agency and
implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding accessibility for individuals with
disabilities;
``(F) a public agency or an individual with a disability
holds title to any property purchased with funds received
under the grant and administers that property;
``(G) activities carried out in the State that are
authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers
Compliance Board under section 508 of the Rehabilitation Act
of 1973 (20 U.S.C. 794d); and
``(H) the State will--
``(i) prepare reports to the Secretary in such form and
containing such information as the Secretary may require to
carry out the Secretary's functions under this Act; and
``(ii) keep such records and allow access to such records
as the Secretary may require to ensure the correctness and
verification of information provided to the Secretary under
this subparagraph.
``(7) State support.--The application shall include a
description of the activities described in paragraphs (2) and
(3) of subsection (e) that the State will support with State
funds.
``(e) Use of Funds.--
``(1) In general.--
``(A) Required activities.--Except as provided in
subparagraph (B) and paragraph (6), any State that receives a
grant under this section shall use a portion of the funds
made available through the grant to carry out activities
described in paragraphs (2) and (3).
``(B) State or non-federal financial support.--A State
shall not be required to use a portion of the funds made
available through the grant to carry out the category of
activities described in subparagraph (A), (B), (C), or (D) of
paragraph (2) if, in that State--
``(i) financial support is provided from State or other
non-Federal resources or entities for that category of
activities; and
``(ii) the amount of the financial support is comparable
to, or greater than, the amount of the portion of the funds
made available through the grant that the State would have
expended for that category of activities, in the absence of
this subparagraph.
``(2) State-level activities.--
``(A) State financing activities.--The State shall support
State financing activities to increase access to, and funding
for, assistive technology devices and assistive technology
services (which shall not include direct payment for such a
device or service for an individual with a disability but may
include support and administration of a program to provide
such payment), including development of systems to provide
and pay for such devices and services, for targeted
individuals and entities described in section 3(16)(A),
including--
``(i) support for the development of systems for the
purchase, lease, or other acquisition of, or payment for,
assistive technology devices and assistive technology
services; or
``(ii) support for the development of State-financed or
privately financed alternative financing systems of subsidies
(which may include conducting an initial 1-year feasibility
study of, improving, administering, operating, providing
capital for, or collaborating with an entity with respect to,
such a system) for the provision of assistive technology
devices, such as--

``(I) a low-interest loan fund;
``(II) an interest buy-down program;
``(III) a revolving loan fund;
``(IV) a loan guarantee or insurance program;
``(V) a program providing for the purchase, lease, or other
acquisition of assistive technology devices or assistive
technology services; or
``(VI) another mechanism that is approved by the Secretary.

``(B) Device reutilization programs.--The State shall
directly, or in collaboration with public or private
entities, carry out assistive technology device reutilization
programs that provide for the exchange, repair, recycling, or
other reutilization of assistive technology devices, which
may include redistribution through device sales, loans,
rentals, or donations.
``(C) Device loan programs.--The State shall directly, or
in collaboration with public or private entities, carry out
device loan programs that provide short-term loans of
assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
targeted individuals and entities, including others seeking
to comply with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
``(D) Device demonstrations.--
``(i) In general.--The State shall directly, or in
collaboration with public and private entities, such as one-
stop partners, as defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801), demonstrate a
variety of assistive technology devices and assistive
technology services (including assisting individuals in
making informed choices regarding, and providing experiences
with, the devices and services), using personnel who are
familiar with such devices and services and their
applications.
``(ii) Comprehensive information.--The State shall
directly, or through referrals, provide to individuals, to
the extent practicable, comprehensive information about State
and local assistive technology venders, providers, and repair
services.
``(3) State leadership activities.--
``(A) In general.--A State that receives a grant under this
section shall use a portion of not more than 40 percent of
the funds made available through the grant to carry out the
activities described in subparagraph (B). From that portion,
the State shall use at least 5 percent of the portion for
activities described in subparagraph (B)(i)(III).
``(B) Required activities.--
``(i) Training and technical assistance.--

``(I) In general.--The State shall directly, or provide
support to public or private entities with demonstrated
expertise in collaborating with public or private agencies
that serve individuals with disabilities, to develop and
disseminate training materials, conduct training, and provide
technical assistance, for individuals from local settings
statewide, including representatives of State and local
educational agencies, other State and local agencies, early
intervention programs, adult service programs, hospitals and
other health care facilities, institutions of higher
education, and businesses.
``(II) Authorized activities.--In carrying out activities
under subclause (I), the State shall carry out activities
that enhance the knowledge, skills, and competencies of
individuals from local settings described in subclause (I),
which may include--

``(aa) general awareness training on the benefits of
assistive technology and the Federal, State, and private
funding sources available to assist targeted individuals and
entities in acquiring assistive technology;
``(bb) skills-development training in assessing the need
for assistive technology devices and assistive technology
services;
``(cc) training to ensure the appropriate application and
use of assistive technology devices, assistive technology
services, and accessible technology for e-government
functions;
``(dd) training in the importance of multiple approaches to
assessment and implementation necessary to meet the
individualized needs of individuals with disabilities; and
``(ee) technical training on integrating assistive
technology into the development and implementation of service
plans, including any education, health, discharge, Olmstead,
employment, or other plan required under Federal or State
law.

[[Page S10173]]

``(III) Transition assistance to individuals with
disabilities.--The State shall directly, or provide support
to public or private entities to, develop and disseminate
training materials, conduct training, facilitate access to
assistive technology, and provide technical assistance, to
assist--

``(aa) students with disabilities, within the meaning of
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), that receive transition services; and
``(bb) adults who are individuals with disabilities
maintaining or transitioning to community living.
``(ii) Public-awareness activities.--

``(I) In general.--The State shall conduct public-awareness
activities designed to provide information to targeted
individuals and entities relating to the availability,
benefits, appropriateness, and costs of assistive technology
devices and assistive technology services, including--

``(aa) the development of procedures for providing direct
communication between providers of assistive technology and
targeted individuals and entities, which may include
partnerships with entities in the statewide and local
workforce investment systems established under the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.), State
vocational rehabilitation centers, public and private
employers, or elementary and secondary public schools;
``(bb) the development and dissemination, to targeted
individuals and entities, of information about State efforts
related to assistive technology; and
``(cc) the distribution of materials to appropriate public
and private agencies that provide social, medical,
educational, employment, and transportation services to
individuals with disabilities.

``(II) Collaboration.--The State shall collaborate with
entities that receive awards under paragraphs (1) and (3) of
section 6(b) to carry out public-awareness activities
focusing on infants, toddlers, children, transition-age
youth, employment-age adults, seniors, and employers.
``(III) Statewide information and referral system.--

``(aa) In general.--The State shall directly, or in
collaboration with public or private (such as nonprofit)
entities, provide for the continuation and enhancement of a
statewide information and referral system designed to meet
the needs of targeted individuals and entities.
``(bb) Content.--The system shall deliver information on
assistive technology devices, assistive technology services
(with specific data regarding provider availability within
the State), and the availability of resources, including
funding through public and private sources, to obtain
assistive technology devices and assistive technology
services. The system shall also deliver information on the
benefits of assistive technology devices and assistive
technology services with respect to enhancing the capacity of
individuals with disabilities of all ages to perform
activities of daily living.
``(iii) Coordination and collaboration.--The State shall
coordinate activities described in paragraph (2) and this
paragraph, among public and private entities that are
responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive
technology services to individuals with disabilities, service
providers, and others to improve access to assistive
technology devices and assistive technology services for
individuals with disabilities of all ages in the State.
``(4) Indirect costs.--Not more than 10 percent of the
funds made available through a grant to a State under this
section may be used for indirect costs.
``(5) Prohibition.--Funds made available through a grant to
a State under this section shall not be used for direct
payment for an assistive technology device for an individual
with a disability.
``(6) State flexibility.--
``(A) In general.--Notwithstanding paragraph (1)(A) and
subject to subparagraph (B), a State may use funds that the
State receives under a grant awarded under this section to
carry out any 2 or more of the activities described in
paragraph (2).
``(B) Special rule.--Notwithstanding paragraph (3)(A), any
State that exercises its authority under subparagraph (A)--
``(i) shall carry out each of the required activities
described in paragraph (3)(B); and
``(ii) shall use not more than 30 percent of the funds made
available through the grant to carry out the activities
described in paragraph (3)(B).
``(f) Annual Progress Reports.--
``(1) Data collection.--States shall participate in data
collection as required by law, including data collection
required for preparation of the reports described in
paragraph (2).
``(2) Reports.--
``(A) In general.--Each State shall prepare and submit to
the Secretary an annual progress report on the activities
funded under this Act, at such time, and in such manner, as
the Secretary may require.
``(B) Contents.--The report shall include data collected
pursuant to this section. The report shall document, with
respect to activities carried out under this section in the
State--
``(i) the type of State financing activities described in
subsection (e)(2)(A) used by the State;
``(ii) the amount and type of assistance given to consumers
of the State financing activities described in subsection
(e)(2)(A) (who shall be classified by type of assistive
technology device or assistive technology service financed
through the State financing activities, and geographic
distribution within the State), including--

``(I) the number of applications for assistance received;
``(II) the number of applications approved and rejected;
``(III) the default rate for the financing activities;
``(IV) the range and average interest rate for the
financing activities;
``(V) the range and average income of approved applicants
for the financing activities; and
``(VI) the types and dollar amounts of assistive technology
financed;

``(iii) the number, type, and length of time of loans of
assistive technology devices provided to individuals with
disabilities, employers, public agencies, or public
accommodations through the device loan program described in
subsection (e)(2)(C), and an analysis of the individuals with
disabilities who have benefited from the device loan program;
``(iv) the number, type, estimated value, and scope of
assistive technology devices exchanged, repaired, recycled,
or reutilized (including redistributed through device sales,
loans, rentals, or donations) through the device
reutilization program described in subsection (e)(2)(B), and
an analysis of the individuals with disabilities that have
benefited from the device reutilization program;
``(v) the number and type of device demonstrations and
referrals provided under subsection (e)(2)(D), and an
analysis of individuals with disabilities who have benefited
from the demonstrations and referrals;
``(vi)(I) the number and general characteristics of
individuals who participated in training under subsection
(e)(3)(B)(i) (such as individuals with disabilities, parents,
educators, employers, providers of employment services,
health care workers, counselors, other service providers, or
vendors) and the topics of such training; and
``(II) to the extent practicable, the geographic
distribution of individuals who participated in the training;
``(vii) the frequency of provision and nature of technical
assistance provided to State and local agencies and other
entities;
``(viii) the number of individuals assisted through the
public-awareness activities and statewide information and
referral system described in subsection (e)(3)(B)(ii);
``(ix) the outcomes of any improvement initiatives carried
out by the State as a result of activities funded under this
section, including a description of any written policies,
practices, and procedures that the State has developed and
implemented regarding access to, provision of, and funding
for, assistive technology devices, and assistive technology
services, in the contexts of education, health care,
employment, community living, and information technology and
telecommunications, including e-government;
``(x) the source of leveraged funding or other contributed
resources, including resources provided through subcontracts
or other collaborative resource-sharing agreements, from and
with public and private entities to carry out State
activities described in subsection (e)(3)(B)(iii), the number
of individuals served with the contributed resources for
which information is not reported under clauses (i) through
(ix) or clause (xi) or (xii), and other outcomes accomplished
as a result of such activities carried out with the
contributed resources; and
``(xi) the level of customer satisfaction with the services
provided.

``SEC. 5. STATE GRANTS FOR PROTECTION AND ADVOCACY SERVICES
RELATED TO ASSISTIVE TECHNOLOGY.

``(a) Grants.--
``(1) In general.--The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each
State for the purpose of enabling such systems to assist in
the acquisition, utilization, or maintenance of assistive
technology devices or assistive technology services for
individuals with disabilities.
``(2) General authorities.--In providing such assistance,
protection and advocacy systems shall have the same general
authorities as the systems are afforded under subtitle C of
title I of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15041 et seq.), as
determined by the Secretary.
``(b) Grants.--
``(1) Reservation.--For each fiscal year, the Secretary
shall reserve such sums as may be necessary to carry out
paragraph (4).
``(2) Population basis.--From the funds appropriated under
section 8(b) for a fiscal year and remaining after the
reservation required by paragraph (1) has been made, the
Secretary shall make a grant to a protection and advocacy
system within each State in an amount bearing the same ratio
to the remaining funds as the population of the State bears
to the population of all States.
``(3) Minimums.--Subject to the availability of
appropriations, the amount of a grant to a protection and
advocacy system under paragraph (2) for a fiscal year shall--
``(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana Islands,
not be less than $30,000; and
``(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not be
less than $50,000.

[[Page S10174]]

``(4) Payment to the system serving the american indian
consortium.--
``(A) In general.--The Secretary shall make grants to the
protection and advocacy system serving the American Indian
Consortium to provide services in accordance with this
section.
``(B) Amount of grants.--The amount of such grants shall be
the same as the amount provided under paragraph (3)(A).
``(c) Direct Payment.--Notwithstanding any other provision
of law, the Secretary shall pay directly to any protection
and advocacy system that complies with this section, the
total amount of the grant made for such system under this
section, unless the system provides otherwise for payment of
the grant amount.
``(d) Certain States.--
``(1) Grant to lead agency.--Notwithstanding any other
provision of this section, with respect to a State that, on
November 12, 1998, was described in section 102(f)(1) of the
Technology-Related Assistance for Individuals With
Disabilities Act of 1988, the Secretary shall pay the amount
of the grant described in subsection (a), and made under
subsection (b), to the lead agency designated under section
4(c)(1) for the State.
``(2) Distribution of funds.--A lead agency to which a
grant amount is paid under paragraph (1) shall determine the
manner in which funds made available through the grant will
be allocated among the entities that were providing
protection and advocacy services in that State on the date
described in such paragraph, and shall distribute funds to
such entities. In distributing such funds, the lead agency
shall not establish any additional eligibility or procedural
requirements for an entity in the State that supports
protection and advocacy services through a protection and
advocacy system. Such an entity shall comply with the same
requirements (including reporting and enforcement
requirements) as any other entity that receives funding under
this section.
``(3) Application of provisions.--Except as provided in
this subsection, the provisions of this section shall apply
to the grant in the same manner, and to the same extent, as
the provisions apply to a grant to a system.
``(e) Carryover.--Any amount paid to an eligible system for
a fiscal year under this section that remains unobligated at
the end of such fiscal year shall remain available to such
system for obligation during the subsequent fiscal year.
Program income generated from such amount shall remain
available for 2 additional fiscal years after the year in
which such amount was paid to an eligible system and may only
be used to improve the awareness of individuals with
disabilities about the accessibility of assistive technology
and assist such individuals in the acquisition, utilization,
or maintenance of assistive technology devices or assistive
technology services.
``(f) Report to Secretary.--An entity that receives a grant
under this section shall annually prepare and submit to the
Secretary a report that contains such information as the
Secretary may require, including documentation of the
progress of the entity in--
``(1) conducting consumer-responsive activities, including
activities that will lead to increased access, for
individuals with disabilities, to funding for assistive
technology devices and assistive technology services;
``(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology
services for individuals with disabilities;
``(3) engaging in formal representation for individuals
with disabilities to secure systems change, and in advocacy
activities to secure assistive technology devices and
assistive technology services for individuals with
disabilities;
``(4) developing and implementing strategies to enhance the
long-term abilities of individuals with disabilities and
their family members, guardians, advocates, and authorized
representatives to advocate the provision of assistive
technology devices and assistive technology services to which
the individuals with disabilities are entitled under law
other than this Act;
``(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and
coordinating activities with the capacity building and
advocacy activities carried out by the lead agency; and
``(6) effectively allocating funds made available under
this section to improve the awareness of individuals with
disabilities about the accessibility of assistive technology
and assist such individuals in the acquisition, utilization,
or maintenance of assistive technology devices or assistive
technology services.
``(g) Reports and Updates to State Agencies.--An entity
that receives a grant under this section shall prepare and
submit to the lead agency of the State designated under
section 4(c)(1) the report described in subsection (f) and
quarterly updates concerning the activities described in
subsection (f).
``(h) Coordination.--On making a grant under this section
to an entity in a State, the Secretary shall solicit and
consider the opinions of the lead agency of the State with
respect to efforts at coordination of activities,
collaboration, and promoting outcomes between the lead agency
and the entity that receives the grant under this section.

``SEC. 6. NATIONAL ACTIVITIES.

``(a) In General.--In order to support activities designed
to improve the administration of this Act, the Secretary,
under subsection (b)--
``(1) may award, on a competitive basis, grants, contracts,
and cooperative agreements to entities to support activities
described in paragraphs (1) and (2) of subsection (b); and
``(2) shall award, on a competitive basis, grants,
contracts, and cooperative agreements to entities to support
activities described in paragraphs (3), (4), and (5) of
subsection (b).
``(b) Authorized Activities.--
``(1) National public-awareness toolkit.--
``(A) National public-awareness toolkit.--The Secretary may
award a 1-time grant, contract, or cooperative agreement to
an eligible entity to support a training and technical
assistance program that--
``(i) expands public-awareness efforts to reach targeted
individuals and entities;
``(ii) contains appropriate accessible multimedia materials
to reach targeted individuals and entities, for dissemination
to State assistive technology programs; and
``(iii) in coordination with State assistive technology
programs, provides meaningful and up-to-date information to
targeted individuals and entities about the availability of
assistive technology devices and assistive technology
services.
``(B) Eligible entity.--To be eligible to receive the
grant, contract, or cooperative agreement, an entity shall
develop a partnership that--
``(i) shall consist of--

``(I) a lead agency or implementing entity for a State
assistive technology program or an organization or
association that represents implementing entities for State
assistive technology programs;
``(II) a private or public entity from the media industry;
``(III) a private entity from the assistive technology
industry; and
``(IV) a private employer or an organization or association
that represents private employers;

``(ii) may include other entities determined by the
Secretary to be necessary; and
``(iii) may include other entities determined by the
applicant to be appropriate.
``(2) Research and development.--
``(A) In general.--The Secretary may award grants,
contracts, or cooperative agreements to eligible entities to
carry out research and development of assistive technology
that consists of--
``(i) developing standards for reliability and
accessibility of assistive technology, and standards for
interoperability (including open standards) of assistive
technology with information technology, telecommunications
products, and other assistive technology; or
``(ii) developing assistive technology that benefits
individuals with disabilities or developing technologies or
practices that result in the adaptation, maintenance,
servicing, or improvement of assistive technology devices.
``(B) Eligible entities.--Entities eligible to receive a
grant, contract, or cooperative agreement under this
paragraph shall include--
``(i) providers of assistive technology services and
assistive technology devices;
``(ii) institutions of higher education, including
University Centers for Excellence in Developmental
Disabilities Education, Research, and Service authorized
under subtitle D of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et
seq.), or such institutions offering rehabilitation
engineering programs, computer science programs, or
information technology programs;
``(iii) manufacturers of assistive technology devices; and
``(iv) professionals, individuals, organizations, and
agencies providing services or employment to individuals with
disabilities.
``(C) Collaboration.--An entity that receives a grant,
contract, or cooperative agreement under this paragraph
shall, in developing and implementing the project carried out
through the grant, contract, or cooperative agreement
coordinate activities with the lead agency for the State
assistive technology program (or a national organization that
represents such programs) and the State advisory council
described in section 4(c)(2) (or a national organization that
represents such councils).
``(3) State training and technical assistance.--
``(A) Training and technical assistance efforts.--The
Secretary shall award a grant, contract, or cooperative
agreement to an entity to support a training and technical
assistance program that--
``(i) addresses State-specific information requests
concerning assistive technology from entities funded under
this Act and public entities not funded under this Act,
including--

``(I) requests for information on effective approaches to
Federal-State coordination of programs for individuals with
disabilities, related to improving funding for or access to
assistive technology devices and assistive technology
services for individuals with disabilities of all ages;
``(II) requests for state-of-the-art, or model, Federal,
State, and local laws, regulations, policies, practices,
procedures, and organizational structures, that facilitate,
and overcome barriers to, funding for, and access to,
assistive technology devices and assistive technology
services;
``(III) requests for information on effective approaches to
developing, implementing,

[[Page S10175]]

evaluating, and sustaining activities described in sections 4
and 5 and related to improving funding for or access to
assistive technology devices and assistive technology
services for individuals with disabilities of all ages, and
requests for assistance in developing corrective action
plans;
``(IV) requests for examples of policies, practices,
procedures, regulations, or judicial decisions that have
enhanced or may enhance access to funding for assistive
technology devices and assistive technology services for
individuals with disabilities;
``(V) requests for information on effective approaches to
the development of consumer-controlled systems that increase
access to, funding for, and awareness of, assistive
technology devices and assistive technology services; and
``(VI) other requests for training and technical assistance
from entities funded under this Act and public and private
entities not funded under this Act;

``(ii) assists targeted individuals and entities by
disseminating information about--

``(I) Federal, State, and local laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate, and overcome barriers to,
funding for, and access to, assistive technology devices and
assistive technology services, to promote fuller
independence, productivity, and inclusion in society for
individuals with disabilities of all ages; and
``(II) technical assistance activities undertaken under
clause (i);

``(iii) provides State-specific, regional, and national
training and technical assistance concerning assistive
technology to entities funded under this Act, other entities
funded under this Act, and public and private entities not
funded under this Act, including--

``(I) annually providing a forum for exchanging information
concerning, and promoting program and policy improvements in,
required activities of the State assistive technology
programs;
``(II) facilitating onsite and electronic information
sharing using state-of-the-art Internet technologies such as
real-time online discussions, multipoint video conferencing,
and web-based audio/video broadcasts, on emerging topics that
affect State assistive technology programs;
``(III) convening experts from State assistive technology
programs to discuss and make recommendations with regard to
national emerging issues of importance to individuals with
assistive technology needs;
``(IV) sharing best practice and evidence-based practices
among State assistive technology programs;
``(V) maintaining an accessible website that includes a
link to State assistive technology programs, appropriate
Federal departments and agencies, and private associations
and developing a national toll-free number that links callers
from a State with the State assistive technology program in
their State;
``(VI) developing or utilizing existing (as of the date of
the award involved) model cooperative volume-purchasing
mechanisms designed to reduce the financial costs of
purchasing assistive technology for required and
discretionary activities identified in section 4, and
reducing duplication of activities among State assistive
technology programs; and
``(VII) providing access to experts in the areas of
banking, microlending, and finance, for entities funded under
this Act, through site visits, teleconferences, and other
means, to ensure access to information for entities that are
carrying out new programs or programs that are not making
progress in achieving the objectives of the programs; and

``(iv) includes such other activities as the Secretary may
require.
``(B) Eligible entities.--To be eligible to receive a
grant, contract, or cooperative agreement under this
paragraph, an entity shall have (directly or through grant or
contract)--
``(i) experience and expertise in administering programs,
including developing, implementing, and administering the
required and discretionary activities described in sections 4
and 5, and providing technical assistance; and
``(ii) documented experience in and knowledge about
banking, finance, and microlending.
``(C) Collaboration.--In developing and providing training
and technical assistance under this paragraph, including
activities identified as priorities, a recipient of a grant,
contract, or cooperative agreement under this paragraph shall
collaborate with other organizations, in particular--
``(i) organizations representing individuals with
disabilities;
``(ii) national organizations representing State assistive
technology programs;
``(iii) organizations representing State officials and
agencies engaged in the delivery of assistive technology;
``(iv) the data-collection and reporting providers
described in paragraph (5); and
``(v) other providers of national programs or programs of
national significance funded under this Act.
``(4) National information internet system.--
``(A) In general.--The Secretary shall award a grant,
contract, or cooperative agreement to an entity to renovate,
update, and maintain the National Public Internet Site
established under this Act (as in effect on the day before
the date of enactment of the Assistive Technology Act of
2004).
``(B) Features of internet site.--The National Public
Internet Site shall contain the following features:
``(i) Availability of information at any time.--The site
shall be designed so that any member of the public may obtain
information posted on the site at any time.
``(ii) Innovative automated intelligent agent.--The site
shall be constructed with an innovative automated intelligent
agent that is a diagnostic tool for assisting users in
problem definition and the selection of appropriate assistive
technology devices and assistive technology services
resources.
``(iii) Resources.--

``(I) Library on assistive technology.--The site shall
include access to a comprehensive working library on
assistive technology for all environments, including home,
workplace, transportation, and other environments.
``(II) Information on accommodating individuals with
disabilities.--The site shall include access to evidence-
based research and best practices concerning how assistive
technology can be used to accommodate individuals with
disabilities in the areas of education, employment, health
care, community living, and telecommunications and
information technology.
``(III) Resources for a number of disabilities.--The site
shall include resources relating to the largest possible
number of disabilities, including resources relating to low-
level reading skills.

``(iv) Links to private-sector resources and information.--
To the extent feasible, the site shall be linked to relevant
private-sector resources and information, under agreements
developed between the recipient of the grant, contract, or
cooperative agreement and cooperating private-sector
entities.
``(v) Links to public-sector resources and information.--To
the extent feasible, the site shall be linked to relevant
public-sector resources and information, such as the Internet
sites of the Office of Special Education and Rehabilitation
Services of the Department of Education, the Office of
Disability Employment Policy of the Department of Labor, the
Small Business Administration, the Architectural and
Transportation Barriers Compliance Board, the Technology
Administration of the Department of Commerce, the Jobs
Accommodation Network funded by the Office of Disability
Employment Policy of the Department of Labor, and other
relevant sites.
``(vi) Minimum library components.--At a minimum, the site
shall maintain updated information on--

``(I) State assistive technology program demonstration
sites where individuals may try out assistive technology
devices;
``(II) State assistive technology program device loan
program sites where individuals may borrow assistive
technology devices;
``(III) State assistive technology program device
reutilization program sites;
``(IV) alternative financing programs or State financing
systems operated through, or independently of, State
assistive technology programs, and other sources of funding
for assistive technology devices; and
``(V) various programs, including programs with tax
credits, available to employers for hiring or accommodating
employees who are individuals with disabilities.

``(C) Eligible entity.--To be eligible to receive a grant,
contract, or cooperative agreement under this paragraph, an
entity shall be a nonprofit organization, for-profit
organization, or institution of higher education, that--
``(i) emphasizes research and engineering;
``(ii) has a multidisciplinary research center; and
``(iii) has demonstrated expertise in--

``(I) working with assistive technology and intelligent
agent interactive information dissemination systems;
``(II) managing libraries of assistive technology and
disability-related resources;
``(III) delivering to individuals with disabilities
education, information, and referral services, including
technology-based curriculum-development services for adults
with low-level reading skills;
``(IV) developing cooperative partnerships with the private
sector, particularly with private-sector computer software,
hardware, and Internet services entities; and
``(V) developing and designing advanced Internet sites.

``(5) Data-collection and reporting assistance.--
``(A) In general.--The Secretary shall award grants,
contracts, and cooperative agreements to entities to assist
the entities in carrying out State assistive technology
programs in developing and implementing effective data-
collection and reporting systems that--
``(i) focus on quantitative and qualitative data elements;
``(ii) measure the outcomes of the required activities
described in section 4 that are implemented by the States and
the progress of the States toward achieving the measurable
goals described in section 4(d)(3);
``(iii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and
``(iv) help measure the accrued benefits of the activities
to individuals who need assistive technology.
``(B) Eligible entities.--To be eligible to receive a
grant, contract, or cooperative

[[Page S10176]]

agreement under this paragraph, an entity shall have
personnel with--
``(i) documented experience and expertise in administering
State assistive technology programs;
``(ii) experience in collecting and analyzing data
associated with implementing required and discretionary
activities;
``(iii) expertise necessary to identify additional data
elements needed to provide comprehensive reporting of State
activities and outcomes; and
``(iv) experience in utilizing data to provide annual
reports to State policymakers.
``(c) Application.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, an
entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(d) Input.--With respect to the activities described in
subsection (b) to be funded under this section, including the
national and regionally based training and technical
assistance efforts carried out through the activities, in
designing the activities the Secretary shall consider, and in
providing the activities providers shall include, input of
the directors of comprehensive statewide programs of
technology-related assistance, directors of alternative
financing programs, and other individuals the Secretary
determines to be appropriate, especially--
``(1) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition of
such technology and assistive technology services;
``(2) family members, guardians, advocates, and authorized
representatives of such individuals;
``(3) individuals employed by protection and advocacy
systems funded under section 5;
``(4) relevant employees from Federal departments and
agencies, other than the Department of Education;
``(5) representatives of businesses; and
``(6) venders and public and private researchers and
developers.

``SEC. 7. ADMINISTRATIVE PROVISIONS.

``(a) General Administration.--
``(1) In general.--Notwithstanding any other provision of
law, the Assistant Secretary for Special Education and
Rehabilitative Services of the Department of Education,
acting through the Rehabilitation Services Administration,
shall be responsible for the administration of this Act.
``(2) Collaboration.--The Assistant Secretary for Special
Education and Rehabilitative Services shall consult with the
Office of Special Education Programs, the Rehabilitation
Services Administration, and the National Institute on
Disability and Rehabilitation Research in the Office of
Special Education and Rehabilitative Services, and
appropriate Federal entities in the administration of this
Act.
``(3) Administration.--In administering this Act, the
Rehabilitation Services Administration shall ensure that
programs funded under this Act will address the needs of
individuals with disabilities of all ages, whether the
individuals will use the assistive technology to obtain or
maintain employment, to obtain education, or for other
reasons.
``(4) Orderly transition.--
``(A) In general.--The Secretary shall take such steps as
the Secretary determines to be appropriate to provide for the
orderly transition to, and implementation of, programs
authorized by this Act, from programs authorized by the
Assistive Technology Act of 1998, as in effect on the day
before the date of enactment of the Assistive Technology Act
of 2004.
``(B) Cessation of effectiveness.--Subparagraph (A) ceases
to be effective on the date that is 6 months after the date
of enactment of the Assistive Technology Act of 2004.
``(b) Review of Participating Entities.--
``(1) In general.--The Secretary shall assess the extent to
which entities that receive grants under this Act are
complying with the applicable requirements of this Act and
achieving measurable goals that are consistent with the
requirements of the grant programs under which the entities
received the grants.
``(2) Provision of information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under
subsection (d).
``(c) Corrective Action and Sanctions.--
``(1) Corrective action.--If the Secretary determines that
an entity that receives a grant under this Act fails to
substantially comply with the applicable requirements of this
Act, or to make substantial progress toward achieving the
measurable goals described in subsection (b)(1) with respect
to the grant program, the Secretary shall assist the entity,
through technical assistance funded under section 6 or other
means, within 90 days after such determination, to develop a
corrective action plan.
``(2) Sanctions.--If the entity fails to develop and comply
with a corrective action plan described in paragraph (1)
during a fiscal year, the entity shall be subject to 1 of the
following corrective actions selected by the Secretary:
``(A) Partial or complete termination of funding under the
grant program, until the entity develops and complies with
such a plan.
``(B) Ineligibility to participate in the grant program in
the following year.
``(C) Reduction in the amount of funding that may be used
for indirect costs under section 4 for the following year.
``(D) Required redesignation of the lead agency designated
under section 4(c)(1) or an entity responsible for
administering the grant program.
``(3) Appeals procedures.--The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act,
or have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
``(4) Secretarial action.--As part of the annual report
required under subsection (d), the Secretary shall describe
each such action taken under paragraph (1) or (2) and the
outcomes of each such action.
``(5) Public notification.--The Secretary shall notify the
public, by posting on the Internet website of the Department
of Education, of each action taken by the Secretary under
paragraph (1) or (2). As a part of such notification, the
Secretary shall describe each such action taken under
paragraph (1) or (2) and the outcomes of each such action.
``(d) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each year,
the Secretary shall prepare, and submit to the President and
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate, a report on the activities
funded under this Act to improve the access of individuals
with disabilities to assistive technology devices and
assistive technology services.
``(2) Contents.--Such report shall include--
``(A) a compilation and summary of the information provided
by the States in annual progress reports submitted under
section 4(f); and
``(B) a summary of the State applications described in
section 4(d) and an analysis of the progress of the States in
meeting the measurable goals established in State
applications under section 4(d)(3).
``(e) Construction.--Nothing in this section shall be
construed to affect the enforcement authority of the
Secretary, another Federal officer, or a court under part D
of the General Education Provisions Act (20 U.S.C. 1234 et
seq.) or other applicable law.
``(f) Effect on Other Assistance.--This Act may not be
construed as authorizing a Federal or State agency to reduce
medical or other assistance available, or to alter
eligibility for a benefit or service, under any other Federal
law.
``(g) Rule.--The Assistive Technology Act of 1998 (as in
effect on the day before the date of enactment of the
Assistive Technology Act of 2004) shall apply to funds
appropriated under the Assistive Technology Act of 1998 for
fiscal year 2004.

``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

``(a) State Grants for Assistive Technology and National
Activities.--
``(1) In general.--There are authorized to be appropriated
to carry out sections 4 and 6 such sums as may be necessary
for each of fiscal years 2005 through 2010.
``(2) Reservation.--
``(A) Definition.--In this paragraph, the term `higher
appropriation year' means a fiscal year for which the amount
appropriated under paragraph (1) and made available to carry
out section 4 is at least $665,000 greater than the amount
that--
``(i) was appropriated under section 105 of this Act (as in
effect on October 1, 2003) for fiscal year 2004; and
``(ii) was not reserved for grants under section 102 or 104
of this Act (as in effect on such date) for fiscal year 2004.
``(B) Amount reserved for national activities.--Of the
amount appropriated under paragraph (1) for a fiscal year--
``(i) not more than $1,235,000 may be reserved to carry out
section 6, except as provided in clause (ii); and
``(ii) for a higher appropriation year--

``(I) not more than $1,900,000 may be reserved to carry out
section 6; and
``(II) of the amount so reserved, the portion exceeding
$1,235,000 shall be used to carry out paragraphs (1) and (2)
of section 6(b).

``(b) State Grants for Protection and Advocacy Services
Related to Assistive Technology.--There are authorized to be
appropriated to carry out section 5 $4,419,000 for fiscal
year 2005 and such sums as may be necessary for each of
fiscal years 2006 through 2010.''.

SEC. 3. CONFORMING AMENDMENTS.

(a) Developmental Disabilities Assistance and Bill of
Rights Act of 2000.--The Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et
seq.) is amended--
(1) in section 124(c)(3)(B), by striking ``section 101 or
102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011,
3012)'' and inserting ``section 4 or 5 of the Assistive
Technology Act of 1998'';
(2) in section 125(c)(5)(G)(i), by striking ``section 101
or 102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012)'' and inserting ``section 4 or 5 of the Assistive
Technology Act of 1998'';
(3) in section 143(a)(2)(D)(ii), by striking ``section 101
or 102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012)'' and inserting ``section 4 or 5 of the Assistive
Technology Act of 1998''; and
(4) in section 154(a)(3)(E)(ii)(VI), by striking ``section
101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C.
3011, 3012)'' and inserting ``section 4 or 5 of the Assistive
Technology Act of 1998''.

[[Page S10177]]

(b) Rehabilitation Act of 1973.--The Rehabilitation Act of
1973 (29 U.S.C. 701 et seq.) is amended--
(1) in section 203, by striking subsection (e) and
inserting the following:
``(e) In this section--
``(1) the terms `assistive technology' and `universal
design' have the meanings given the terms in section 3 of the
Assistive Technology Act of 1998; and
``(2) the term `targeted individuals' has the meaning given
the term `targeted individuals and entities' in section 3 of
the Assistive Technology Act of 1998.'';
(2) in section 401(c)(2), by striking ``targeted
individuals'' and inserting ``targeted individuals and
entities''; and
(3) in section 502(d), by striking ``targeted individuals''
and inserting ``targeted individuals and entities''.
______

SA 3944. Mr. INHOFE (for Mr. Leahy (for himself and Mr. Hatch)
proposed an amendment to the bill H.R. 2714, to reauthorize the State
Justice Institute; as follows:

On page 3, after line 5, add the following:

SEC. 4. LAW ENFORCEMENT ARMOR VESTS.

Section 1001(a)(23) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is
amended by striking ``2004'' and inserting ``2007''.

____________________