S.Amdt. 3972

TEXT OF AMENDMENTS

SA 3957. Ms. COLLINS (for herself and Mr. Lieberman) 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 5, beginning on line 15, strike ``and the
Department of Energy'' and insert ``the Department of Energy,
and the Coast Guard''.
On page 5, beginning on line 23, strike ``including the
Office of Intelligence of the Coast Guard''.
On page 6, line 10, insert ``, as determined consistent
with any guidelines issued by the President,'' before ``to
the interests''.
On page 9, beginning on line 13, strike
``counterterrorism'' and all that follows through ``foreign
intelligence'' on line 15 and insert ``intelligence
activities of the United States Government between
intelligence activities located abroad and intelligence''.
On page 10, line 23, strike ``a principal'' and insert
``the principal''.
On page 12, line 18, insert ``of'' before ``the National
Intelligence Program''.
On page 13, line 12, insert ``appropriations for'' after
``oversee''.
On page 20, beginning on line 12, strike ``related to the
national security which is''.
On page 21, line 23, strike ``(4)'' and insert ``(5)''.
On page 22, line 3, strike ``(5)'' and insert ``(6)''.
On page 25, line 10, strike ``head of the''.
On page 28, line 17, strike ``or'' and insert ``and''.
On page 30, line 24, strike ``205'' and insert ``206''.
On page 31, line 23, strike ``205'' and insert ``206 and
the Clinger-Cohen Act (divisions D and E of Public Law 104-
106; 110 Stat. 642)''.
On page 32, beginning on line 13, strike ``on all matters''
and all that follows through line 15 and insert ``or
international organizations on all matters involving
intelligence related to the national security.''.
On page 32, beginning on line 21, strike ``head of each
element of the intelligence community'' and insert ``head of
any department, agency, or other element of the United States
Government''.
On page 59, line 20, strike ``309'' and insert ``310''.
On page 87, line 8, insert ``and analytic'' after
``intelligence collection''.
On page 93, line 17, insert ``of'' before ``electronic
access''.
On page 96, beginning on line 13, strike ``National
Security Council'' and insert ``President''.
On page 99, line 25, strike ``National Security Council''
and insert ``President''.
On page 134, strike lines 6 through 9 and insert the
following:
(1) in consultation with the Executive Council, issue
guidelines--
(A) for acquiring, accessing, sharing, and using
information, including
On page 153, between lines 2 and 3, insert the following:

SEC. 207. PERMANENT AUTHORITY FOR PUBLIC INTEREST
DECLASSIFICATION BOARD.

(a) In General.--Section 710 of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-
567; 50 U.S.C. 435 note) is amended--
(1) by striking ``(a) Effective Date.--''; and
(2) by striking subsection (b).
(b) Conforming Amendment.--The head of such section is
amended by striking ``; SUNSET''.
On page 154, line 16, strike ``section 205(g)'' and insert
``subsections (e) and (g) of section 205''.
On page 154, line 21, strike ``section 205(g)'' and insert
``subsections (e) and (g) of section 205''.
On page 156, line 4, strike ``section 205(g)'' and insert
``subsections (e) and (g) of section 205''.
On page 170, line 19, strike ``and independent'' and insert
``independent''.
On page 171, beginning on line 1, strike ``and
independent'' and insert ``independent''.
On page 171, beginning on line 8, strike ``and
independent'' and insert ``independent''.
On page 171, line 14, strike ``objective and independent''
and insert ``timely, objective, independent''.
On page 171, line 20, strike ``and independent'' and insert
``independent''.
On page 175, strike lines 8 through 17 and insert the
following:
(2) Covered information.--
(A) In general.--Except as provided in subparagraph (B),
paragraph (1) applies to information, including classified
information, that an employee reasonably believes provides
direct and specific evidence of--
(i) a false or inaccurate statement to Congress contained
in any intelligence assessment, report, or estimate; or
(ii) the withholding from Congress of any intelligence
information material to any intelligence assessment, report,
or estimate.
(B) Exception.--Paragraph (1) does not apply to information
the disclosure of which is prohibited by rule 6(e) of the
Federal Rules of Criminal Procedure.
On page 177, after line 17, add the following:

Subtitle D--Homeland Security Civil Rights and Civil Liberties
Protection

SEC. 231. SHORT TITLE.

This title may be cited as the ``Homeland Security Civil
Rights and Civil Liberties Protection Act of 2004''.

SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.

Section 101(b)(1) of the Homeland Security Act of 2002 (6
U.S.C. 111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:

[[Page S10447]]

``(G) ensure that the civil rights and civil liberties of
persons are not diminished by efforts, activities, and
programs aimed at securing the homeland; and''.

SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

Section 705(a) of the Homeland Security Act of 2002 (6
U.S.C. 345(a)) is amended--
(1) by amending the matter preceding paragraph (1) to read
as follows:
``(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary,
shall--'';
(2) by amending paragraph (1) to read as follows:
``(1) review and assess information concerning abuses of
civil rights, civil liberties, and profiling on the basis of
race, ethnicity, or religion, by employees and officials of
the Department;'';
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and offices of
the Department to develop, implement, and periodically review
Department policies and procedures to ensure that the
protection of civil rights and civil liberties is
appropriately incorporated into Department programs and
activities;
``(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by
the programs and activities of the Department;
``(5) coordinate with the Privacy Officer to ensure that--
``(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner; and
``(B) Congress receives appropriate reports regarding such
programs, policies, and procedures; and
``(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless
the Inspector General of the Department determines that any
such complaint or information should be investigated by the
Inspector General.''.

SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY
OFFICE OF INSPECTOR GENERAL.

Section 8I of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(f)(1) The Inspector General of the Department of
Homeland Security shall designate a senior official within
the Office of Inspector General, who shall be a career member
of the civil service at the equivalent to the GS-15 level or
a career member of the Senior Executive Service, to perform
the functions described in paragraph (2).
``(2) The senior official designated under paragraph (1)
shall--
``(A) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil
rights or civil liberties;
``(B) receive and review complaints and information from
any source alleging abuses of civil rights and civil
liberties by employees or officials of the Department and
employees or officials of independent contractors or grantees
of the Department;
``(C) initiate investigations of alleged abuses of civil
rights or civil liberties by employees or officials of the
Department and employees or officials of independent
contractors or grantees of the Department;
``(D) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective
civil rights and civil liberties investigations;
``(E) consult with the Officer for Civil Rights and Civil
Liberties regarding--
``(i) alleged abuses of civil rights or civil liberties;
and
``(ii) any policy recommendations regarding civil rights
and civil liberties that may be founded upon an investigation
by the Office of Inspector General;
``(F) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of
investigations of alleged abuses of civil rights and civil
liberties;
``(G) refer civil rights and civil liberties matters that
the Inspector General decides not to investigate to the
Officer for Civil Rights and Civil Liberties;
``(H) ensure that the Office of the Inspector General
publicizes and provides convenient public access to
information regarding--
``(i) the procedure to file complaints or comments
concerning civil rights and civil liberties matters; and
``(ii) the status of corrective actions taken by the
Department in response to Office of the Inspector General
reports; and
``(I) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies
within the Department relating to civil rights or civil
liberties.''.

SEC. 235. PRIVACY OFFICER.

Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
who shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil Rights and
Civil Liberties to ensure that--
``(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner; and
``(B) Congress receives appropriate reports on such
programs, policies, and procedures; and''.
On page 180, line 8, strike ``pertaining to intelligence
relating to'' and insert ``related to intelligence
affecting''.
On page 181, beginning on line 8, strike ``on all matters''
and all that follows through line 10 and insert ``or
international organizations on all matters involving
intelligence related to the national security.'.''.
On page 201, strike line 14 through 20 and insert the
following:
(a) Appointment of National Counterintelligence
Executive.--Section 902(a) of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107-306; 116
Stat,. 2432; 50 U.S.C. 402b) is amended--
(1) by striking ``President'' and inserting ``National
Intelligence Director''; and
(2) by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
On page 205, line 1, strike ``COUNTERTERRORISM'' and insert
``COUNTERINTELLIGENCE''.
On page 207, between lines 13 and 14, insert the following:
``The Director of the Central Intelligence Agency.
On page 207, line 21, insert ``Deputy'' before
``Director''.
On page 44, strike line 24.
On page 45, line 1, strike ``(6)'' and insert ``(5)''.
On page 45, line 3, strike ``(7)'' and insert ``(6)''.
On page 45, line 5, strike ``(8)'' and insert ``(7)''.
On page 45, line 7, strike ``(9)'' and insert ``(8)''.
On page 45, line 9, strike ``(10)'' and insert ``(9)''.
On page 45, line 11, strike ``(11)'' and insert ``(10)''.
On page 45, line 14, strike ``(12)'' and insert ``(11)''.
On page 52, strike lines 1 through 20.
On page 52, line 21, strike ``126.'' and insert ``125.''.
On page 55, line 1, strike ``127.'' and insert ``126.''.
On page 56, line 9, strike ``128.'' and insert ``127.''.
On page 57, line 1, strike ``129.'' and insert ``128.''.
On page 57, line 17, strike ``130.'' and insert ``129.''.
On page 58, strike lines 3 through 9 and insert the
following:
(c) Authorities and Functions.--The Chief Financial Officer
of the National Intelligence Authority shall--
(1) 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;
(2) assist the National Intelligence Director in the
preparation and execution of the budget of the elements of
the intelligence community within the National Intelligence
Program;
(3) 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;
(4) provide unfettered access to the Director to financial
information under the National Intelligence Program; and
(5) perform such other duties as may be prescribed by the
Director or specified by law.
On page 59, line 15, strike ``131.'' and insert ``130.''.
On page 202, line 16, strike ``131(b)'' and insert
``130(b)''.
On page 19, line 12, insert ``of access'' after ``grant''.
On page 20, line 25, insert ``of'' after ``development''.
On page 53, line 2, strike ``President'' and insert
``National Intelligence Director''.
On page 173, line 11, strike ``2'' and insert ``3''.
______

SA 3958. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

On page 4, strike lines 5 through 16 and insert the
following:
(2) The term ``foreign intelligence'' means information
relating to the capabilities, intentions, or activities of
foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.
(3) The term ``counterintelligence'' means foreign
intelligence gathered, and information gathering activities
conducted, to protect against espionage, other intelligence
activities, sabotage, or assassinations conducted by or on
behalf of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.
On page 6, line 12, strike ``counterintelligence or''.
On page 6, beginning on line 17, strike ``expressly
provided for in this title'' and insert ``expressly provided
for in law''.
On page 7, beginning on line 5, strike ``the Office of
Intelligence of the Federal Bureau

[[Page S10448]]

of Investigation'' and insert ``the Directorate of
Intelligence of the Federal Bureau of Investigation''.
On page 8, between lines 6 and 7, insert the following:
(8) The term ``certified intelligence officer'' means a
professional employee of an element of the intelligence
community who meets standards and qualifications set by the
National Intelligence Director.
On page 120, beginning on line 17, strike ``, subject to
the direction and control of the President,''.
On page 123, between lines 6 and 7, insert the following:
(e) Discharge of Improvements.--(1) The Director of the
Federal Bureau of Investigation shall carry out subsections
(b) through (d) through the head of the Directorate of
Intelligence of the Federal Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation
shall carry out subsections (b) through (d) under the joint
guidance of the Attorney General and the National
Intelligence Director in a manner consistent with section
112(a)(8).
On page 123, line 7, strike ``(e)'' and insert ``(f)''.
On page 123, line 17, strike ``(f)'' and insert ``(g)''.
On page 126, between lines 20 and 21, insert the following:

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

(a) Directorate of Intelligence of Federal Bureau of
Investigation.--The element of the Federal Bureau of
Investigation known as of the date of the enactment of this
Act as the Office of Intelligence is hereby redesignated as
the Directorate of Intelligence of the Federal Bureau of
Investigation.
(b) Head of Directorate.--The head of the Directorate of
Intelligence shall be the Executive Assistant Director for
Intelligence of the Federal Bureau of Investigation.
(c) Responsibilities.--The Directorate of Intelligence
shall be responsible for the following:
(1) Supervision of all national intelligence programs,
projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements in
section 105B of the National Security Act of 1947 (50 U.S.C.
403-5b).
(3) The oversight of Bureau field intelligence operations.
(4) Coordinating human source development and management by
the Bureau.
(5) Coordinating collection by the Bureau against
nationally-determined intelligence requirements.
(6) Strategic analysis.
(7) Intelligence program and budget management.
(8) The intelligence workforce.
(9) Any other responsibilities specified by the Director of
the Federal Bureau of Investigation or specified by law.
(d) Staff.--The Directorate of Intelligence shall consist
of such staff as the Director of the Federal Bureau of
Investigation considers appropriate for the activities of the
Directorate.
On page 196, strike line 20 and all that follows through
page 197, line 7, and insert the following:

SEC. 304. MODIFICATION OF COUNTERINTELLIGENCE AND NATIONAL
INTELLIGENCE UNDER NATIONAL SECURITY ACT OF
1947.

Section 3 of the National Security Act of 1947 (50 U.S.C.
401a) is amended--
(1) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) The term `counterintelligence' means foreign
intelligence gathered, and information gathering activities
conducted, to protect against espionage, other intelligence
activities, sabotage, or assassinations conducted by or on
behalf of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.''; and
(2) in paragraph (5)(B)--
(A) by striking ``counterintelligence or''; and
(B) by striking ``expressly provided for in this title''
and insert ``expressly provided for in law''.
______

SA 3959. 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. __. COMPTROLLER GENERAL STUDY AND REPORT.

(a) Study.--The Comptroller General of the United States
shall conduct a study that examines--
(1) detention alternatives for monitoring aliens who do not
require a secure detention setting while they are awaiting
hearings during removal proceedings or the appeals process,
including--
(A) electronic monitoring devices;
(B) home visits;
(C) work visits; and
(D) reporting by telephone;
(2) the effectiveness of the Intensive Supervision
Appearance Program of the Bureau of Immigration and Customs
Enforcement, Department of Homeland Security; and
(3) any other matters that the Comptroller General
considers appropriate.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a
report to Congress that contains--
(1) the results of the study conducted under subsection
(a);
(2) any recommendations, including recommendations for
administrative and legislative action, that the Comptroller
General considers appropriate.
______

SA 3960. 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:

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;

[[Page S10449]]

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

SA 3961. Mr. ENSIGN (for himself, Mr. Sessions, Mr. Grassley, Mr.
Chambliss, and Mr. Reid) 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--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) Requirement for specialist.--
(A) In general.--Not later than July 31, 2005, the
Secretary of State shall, in coordination with the Secretary
of Homeland Security, identify the diplomatic and consular
posts at which visas are issued that experience the greatest
frequency of presentation of fraudulent documents by visa
applicants. The Secretary of State shall assign or designate
at 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.
(B) Exceptions.--The Secretary of State is not required to
assign or designate a specialist as described in subparagraph
(A) at a diplomatic and consular post if an employee of the
Department of Homeland Security is assigned on a full-time
basis to such post under the authority in section 428 of the
Homeland Security Act of 2002 (6 U.S.C. 236).

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

In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of
appropriations for such purpose, increase by not less than
2,000 the number of 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 made available during the preceding fiscal year. Of the
additional border patrol agents, in each fiscal year not less
than 20 percent of such agents shall be assigned to duty
stations along the northern border of the United States.

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

In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of
appropriations for such purpose, 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 made available during the preceding fiscal
year.
______

SA 3962. Ms. COLLINS (for herself and Mr. Lieberman) submitted an
amendment intended to be proposed to amendment SA 3809 proposed by Mr.
Levin 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 1, line 3, strike ``military'' and all that follows
through page 2, line 9, and insert the following:

uniformed services personnel, except that the Director may
transfer military positions or billets if such transfer is
for a period not to exceed three years; and
(E) nothing in section 143(i) or 144(f) shall be construed
to authorize the 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 uniformed services personnel, except that the
Director may take such action with regard to military
positions or billets if such transfer is for a period not to
exceed three years.
______

SA 3963. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 3876 proposed by Mr. Warner (for himself, Mr. Stevens,
and Mr. Inouye) 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 1, strike line 4 and all that follows through page
2, line 2 and insert the following:
Nothing in this Act, or the amendments made by this Act,
shall be construed to impair the authority of--
(1) the Director of the Office of Management and Budget; or
(2) except as otherwise provided in this Act, or the
amendments made by this Act, the principal officers of the
executive departments,
______

SA 3964. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 3876 proposed by Mr. Warner (for himself, Mr. Stevens,
and Mr. Inouye) 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 1, strike lines 4 through 6 and insert the
following:
Except as otherwise provided by this Act, or the amendments
made by this Act, nothing in the Act, or the amendments made
by this Act, shall be construed to impair the authority of--
______

SA 3965. Mr. SHELBY 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:

(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.''
______

SA 3966. 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:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

(a) Definitions.--Section 2339A(b) of title 18, United
States Code, is amended--
(1) by striking ``Definition.--In this section, the term''
and inserting the following: ``Definitions.--In this
section--
``(1) the term'';
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(2) the term `expert advice or assistance' means any act,
effort, or service--
``(A) by a person who, by reason of education, training,
experience, or profession, has scientific, technical, or
other specialized knowledge concerning the matter of science
or skill to which the act, effort, or service applies; and

[[Page S10450]]

``(B) that is directed at helping, furthering, guiding, or
enhancing the operation, management, financing, mission, or
performance, of terrorist activity by the terrorist or
foreign terrorist organization.
``(3) the term `training' means instruction or teaching in
a scientific, professional, technical, mechanical, trade,
clerical, fiscal, administrative, military, or other field
that is directed in any way at furthering, enhancing, or
improving the individual or organizational performance of
terrorist activity by the terrorist or foreign terrorist
organization; and
``(4) the term `personnel' means any third person that will
provide services to assist in, or in any way further, the
operation, management, financing, mission, or performance of
terrorist activity by the terrorist or foreign terrorist
organization.''.
(b) Prohibited Activities.--Section 2339B(a) of title 18,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``, within the United States or subject to
the jurisdiction of the United States, knowingly''; and
(B) by inserting ``with the intention that such material
support or resources be used, or with the knowledge that such
material support or resources are to be used, in full or in
part, to further the terrorist activities of the
organization,'' after ``conspires to do so,''; and
(2) by adding at the end the following:
``(3) Burden of proof.--A defendant shall not be found
guilty of violating paragraph (1) unless the United States
proves that the defendant has knowledge, that the
organization referred to in paragraph (1)--
``(A) is designated a `foreign terrorist organization'
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189); or
``(B) has engaged or does engage in international or
domestic terrorism.''.
______

SA 3967. 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:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. TERRORISM SUBPOENAS.

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

``Sec. 2332g. Terrorism subpoenas

``(a) Authorization of Use.--
``(1) In general.--In any terrorism investigation within
the jurisdiction of the Department of Justice, the Attorney
General may issue in writing and cause to be served a
subpoena requiring the production of any records or other
materials that the Attorney General, or designee, finds
relevant to the investigation, or requiring testimony by the
custodian of the materials to be produced concerning the
production and authenticity of those materials under the
circumstances set forth in paragraph (5).
``(2) Contents.--A subpoena issued under paragraph (1)
shall describe the records or items required to be produced
and may require production as soon as possible, but in no
event less than 24 hours after service of the subpoena unless
the subpoena recipient consents to production forthwith.
``(3) Delegation.--The Attorney General's authority to
issue terrorism subpoenas under this section may be
delegated, with authority to redelegate only to the following
officials:
``(A) Each United States attorney.
``(B) The Assistant Attorney General for the Criminal
Division.
``(C) The Director of the Federal Bureau of Investigation
or a designee of the Director.
``(4) Limitation on delegation.--The authority to issue
subpoenas under this section by the Federal Bureau of
Investigation is limited to circumstances under which the
issuer of the subpoena has a good faith belief for asserting,
and certifies on the face of the subpoena, that either--
``(A) an Assistant United States attorney was not readily
available at the time the subpoena was issued; or
``(B) a grand jury investigating the relevant matter was
not currently sitting in the district in which the subpoena
was being issued. If a subpoena is issued under this
subsection, the issuing agent must notify and provide a copy
of the subpoena to the United States attorney for the
district in which the terrorism investigation is being
conducted not later than 3 days after the date of issuance of
the subpoena.
``(5) Attendance of witnesses and production of records.--
``(A) In general.--The attendance of witnesses and the
production of records may be required from any place in any
State, or in any territory or other place subject to the
jurisdiction of the United States at any designated place of
hearing.
``(B) Limitation.--A witness shall not be required to
appear at any hearing more than 500 miles distant from the
place where the witness was served with a subpoena.
``(C) Reimbursement.--Witnesses summoned under this section
shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States.
``(b) Service.--
``(1) In general.--A subpoena issued under this section may
be served by any person designated in the subpoena as the
agent of service.
``(2) Service of subpoena.--
``(A) Natural person.--Service of a subpoena upon a natural
person may be made by personal delivery of the subpoena to
that person, or by certified mail with return receipt
requested.
``(B) Business entities and associations.--Service of a
subpoena may be made upon a domestic or foreign corporation,
or upon a partnership or other unincorporated association
that is subject to suit under a common name, by delivering
the subpoena to an officer, to a managing or general agent,
or to any other agent authorized by appointment or by law to
receive service of process.
``(C) Proof of service.--The affidavit of the person
serving the subpoena entered by that person on a true copy
thereof shall be sufficient proof of service.
``(c) Enforcement.--
``(1) In general.--In the case of the contumacy by, or
refusal to obey a subpoena issued to, any person, the
Attorney General may invoke the aid of any court of the
United States within the jurisdiction of which the
investigation is carried on, or the subpoenaed person
resides, carries on business, or may be found, to compel
compliance with the subpoena.
``(2) Order.--Any court of the United States described
under paragraph (1) may issue an order requiring the
subpoenaed person, in accordance with the subpoena, to
appear, to produce records, or to give testimony touching the
matter under investigation. Any failure to obey the order of
the court may be punished by the court as contempt thereof.
``(3) Service of process.--Any process under this
subsection may be served in any judicial district in which
the person may be found.
``(d) Nondisclosure Order.--
``(1) In general.--A United States district court, upon
application of the United States, may issue an ex parte order
that no person or entity disclose to any other person or
entity (other than to an attorney in order to obtain legal
advice) the existence of such summons for a period of up to
120 days if there is reason to believe that such disclosure
may result in a danger to the national security of the United
States, the endangerment to the life or physical security of
any person, flight to avoid prosecution, destruction of or
tampering with evidence, or intimidation of potential
witnesses.
``(2) Emergency nondisclosure authority.--Notwithstanding
any other provision of this title, when the Attorney General
or designee reasonably determines that--
``(A) an emergency situation exists with respect to the
issuance of a subpoena under this section in order to obtain
relevant information before an order authorizing
nondisclosure can with due diligence be obtained; and
``(B) the factual basis for issuance of a nondisclosure
order under this section exists,

the Attorney General or designee may authorize the issuance
of a subpoena under this section and order that it not be
disclosed if an order in accordance with paragraph (1) is
made to a Federal district judge as soon as practicable, but
not later than 72 hours after the Attorney General or
designee authorizes the nondisclosure subpoena. Any
nondisclosure order issued by a district court under this
section shall be effective as if entered at the time the
subpoena was issued.
``(3) Notice of nondisclosure requirement.--The subpoena,
or an officer, employee, or agency of the United States in
writing, shall notify the person to whom the subpoena is
directed of the nondisclosure requirements under paragraph
(1).
``(4) Further applicability of nondisclosure
requirements.--Any person who receives a disclosure under
this subsection shall be subject to the same prohibitions on
disclosure under paragraph (1).
``(5) Enforcement of nondisclosure requirement.--Any person
who knowingly violates a nondisclosure order issued by a
district court shall be imprisoned for not more than 1 year.
If the violation is committed with the intent to obstruct an
investigation or judicial proceeding, the person shall be
imprisoned for not more than 5 years.
``(6) Nondisclosure extensions.--An order under this
subsection may be renewed for additional periods of up to 120
days upon a showing that the circumstances described in
paragraph (1) continue to exist. An officer, employee, or
agency of the United States in writing, shall notify the
person to whom the subpoena is directed when a nondisclosure
order is no longer effective.
``(e) Judicial Review.--
``(1) In general.--At any time before the return date
specified in a subpoena issued under this section, the person
or entity subpoenaed may, in the United States district court
for the district in which that person or entity does business
or resides, petition for an order modifying or setting aside
the subpoena.
``(2) Modification of nondisclosure requirement.--A
district court may modify or set aside a nondisclosure order
imposed under paragraph (1) or (2) of subsection (d) at the
request of a person to whom a subpoena has been directed if
the court finds that the reasons supporting the original
nondisclosure order no longer exist. The burden is on the
government to support the validity and continuity of any
nondisclosure orders under this section.
``(3) Review of government submissions.--In all proceedings
under this subsection, the

[[Page S10451]]

court shall review the submission of the Federal Government,
which may include classified information, ex parte and in
camera.
``(f) Immunity From Civil Liability.--Any person, including
officers, agents, and employees of a non-natural person, who
in good faith produce the records or items requested in a
subpoena, shall not be liable in any court of any State or
the United States to any customer or other person for such
production, or for nondisclosure of that production to the
customer or other person.
``(g) Guidelines.--Not later than 6 months after the date
of enactment of this section, the Attorney General shall, by
rule, establish such guidelines as are necessary to ensure
the effective implementation of this section including
guidelines for effective retention and recordkeeping.
``(h) Information Sharing.--Information acquired by the
government under this section may be disclosed under the
exceptions and pursuant to the procedures set forth in rule
6(e)(3) of the Federal Rules of Criminal Procedure.
``(i) Congressional Oversight.--Not later than 1 year after
the date of enactment of this section, and annually
thereafter, the Attorney General 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 subpoenas issued by the Federal Bureau
of Investigation under subsection (a)(4);
``(2) any guidelines or changes to guidelines implemented
by the Attorney General under subsection (g); and
``(3) whether judicial enforcement of any terrorism
subpoena was pursued and the result of that litigation.''.
(b) Amendment to Table of Sections.--The table of sections
of chapter 113B of title 18, United States Code, is amended
by inserting after the item relating to section 2332f the
following:

``2332g. Terrorism subpoenas.''.
______

SA 3968. 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 2, strike line 19 and all that follows through page
3, line 9.
______

SA 3969. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 3790 submitted by Mr. Kyl and intended to be proposed 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 5, strike line 14 and all that follows through page
12, line 9, and insert the following:

SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

(a) Definitions.--Section 2339A(b) of title 18, United
States Code, is amended--
(1) by striking ``Definition.--In this section, the term''
and inserting the following: ``Definitions.--In this
section--
``(1) the term'';
(2) by striking the period at the end and inserting a
semicolon; and
(3) by adding at the end the following:
``(2) the term `expert advice or assistance' means any act,
effort, or service--
``(A) by a person who, by reason of education, training,
experience, or profession, has scientific, technical, or
other specialized knowledge concerning the matter of science
or skill to which the act, effort, or service applies; and
``(B) that is directed at helping, furthering, guiding, or
enhancing the operation, management, financing, mission, or
performance, of terrorist activity by the terrorist or
foreign terrorist organization.
``(3) the term `training' means instruction or teaching in
a scientific, professional, technical, mechanical, trade,
clerical, fiscal, administrative, military, or other field
that is directed in any way at furthering, enhancing, or
improving the individual or organizational performance of
terrorist activity by the terrorist or foreign terrorist
organization; and
``(4) the term `personnel' means any third person that will
provide services to assist in, or in any way further, the
operation, management, financing, mission, or performance of
terrorist activity by the terrorist or foreign terrorist
organization.''.
(b) Prohibited Activities.--Section 2339B(a) of title 18,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``, within the United States or subject to
the jurisdiction of the United States, knowingly''; and
(B) by inserting ``with the intention that such material
support or resources be used, or with the knowledge that such
material support or resources are to be used, in full or in
part, to further the terrorist activities of the
organization,'' after ``conspires to do so,''; and
(2) by adding at the end the following:
``(3) Burden of proof.--A defendant shall not be found
guilty of violating paragraph (1) unless the United States
proves that the defendant has knowledge, that the
organization referred to in paragraph (1)--
``(A) is designated a `foreign terrorist organization'
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189); or
``(B) has engaged or does engage in international or
domestic terrorism.''.
______

SA 3970. Mr. LAUTENBERG submitted an amendment intended to be
proposed to amendment SA 3782 proposed by Mr. Lautenberg 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 1, strike lines 4 through 7, and insert the
following:
(a) In General.--Any Federal funds appropriated to the
Department of Homeland Security for grants or other
assistance shall be allocated based strictly on an assessment
of risks and vulnerabilities.
(b) Preservation of Pre-9/11 Grant Programs.--This section
shall not be construed to affect any authority to award
grants under any Federal grant program listed under
subsection (c), which existed on September 10, 2001, to
enhance traditional missions of State and local law
enforcement, firefighters, ports, emergency medical services,
or public health missions.
(c) Programs Included.--The programs referred to in
subsection (b) are the following:
(1) The Firefighter Assistance Program authorized under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229).
(2) The Emergency Management Performance Grant Program and
the Urban Search and Rescue Grant program authorized under--
(A) title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.);
(B) the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 2000 (Public Law 106-74; 113 Stat. 1047 et seq.); and
(C) the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.).
(4) The Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs authorized under part E of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3750 et seq.).
(5) The Public Safety and Community Policing (COPS ON THE
BEAT) Grant Program authorized under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.).
(6) Grant programs under the Public Health Service Act
regarding preparedness for bioterrorism and other public
health emergencies and the Emergency Response Assistance
Program authorized under section 1412 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2312).
______

SA 3971. Mr. LAUTENBERG submitted an amendment intended to be
proposed to amendment SA 3905 proposed by Mr. Lautenberg 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 3, beginning with line 20, strike through line 3 on
page 4, and insert the following:
``(a) In General.--Notwithstanding any other provision of
law, the Secretary shall require imported merchandise,
excluding merchandise entered temporarily under bond
(including in bond), remaining on the wharf or pier onto
which it was unladen for more than 7 calendar days without
entry being filed 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.
______

SA 3972. 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:

SEC. 206. INFORMATION SHARING.

(a) Definitions.--In this section:
(1) Advisory board.--The term ``Advisory Board'' means the
Advisory Board on Information Sharing established under
subsection (i).
(2) Executive council.--The term ``Executive Council''
means the Executive Council on Information Sharing
established under subsection (h).
(3) Homeland security information.--The term ``homeland
security information'' means all information, whether
collected, produced, or distributed by intelligence, law
enforcement, military, homeland security, or other activities
relating to--
(A) the existence, organization, capabilities, plans,
intentions, vulnerabilities,

[[Page S10452]]

means of finance or material support, or activities of
foreign or international terrorist groups or individuals, or
of domestic groups or individuals involved in transnational
terrorism;
(B) threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to those of other nations;
(C) communications of or by such groups or individuals; or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals.
(4) Network.--The term ``Network'' means the Information
Sharing Network described under subsection (c).
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks upon the United States,
Congress makes the following findings:
(1) The effective use of information, from all available
sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-
source analysis, and to a greater likelihood of ``connecting
the dots'', is resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional
intelligence but also other government databases, such as
those containing customs or immigration information. However,
the United States Government has a weak system for processing
and using the information it has.
(3) In the period preceding September 11, 2001, there were
instances of potentially helpful information that was
available but that no person knew to ask for; information
that was distributed only in compartmented channels, and
information that was requested but could not be shared.
(4) Current security requirements nurture over-
classification and excessive compartmentalization of
information among agencies. Each agency's incentive structure
opposes sharing, with risks, including criminal, civil, and
administrative sanctions, but few rewards for sharing
information.
(5) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated
``need to know'' before sharing. This approach assumes that
it is possible to know, in advance, who will need to use the
information. An outgrowth of the cold war, such a system
implicitly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing. Such assumptions are
no longer appropriate. Although counterintelligence concerns
are still real, the costs of not sharing information are also
substantial. The current ``need-to-know'' culture of
information protection needs to be replaced with a ``need-to-
share'' culture of integration.
(6) A new approach to the sharing of intelligence and
homeland security information is urgently needed. An
important conceptual model for a new ``trusted information
network'' is the Systemwide Homeland Analysis and Resource
Exchange (SHARE) Network proposed by a task force of leading
professionals assembled by the Markle Foundation and
described in reports issued in October 2002 and December
2003.
(7) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential
leadership is required to bring about governmentwide change.
(c) Information Sharing Network.--
(1) Establishment.--The President shall establish a trusted
information network and secure information sharing
environment to promote sharing of intelligence and homeland
security information in a manner consistent with national
security and the protection of privacy and civil liberties,
and based on clearly defined and consistently applied
policies and procedures, and valid investigative, analytical
or operational requirements.
(2) Attributes.--The Network shall promote coordination,
communication and collaboration of people and information
among all relevant Federal departments and agencies, State,
tribal, and local authorities, and relevant private sector
entities, including owners and operators of critical
infrastructure, by using policy guidelines and technologies
that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where appropriate
and allows users to share information among agencies, between
levels of government, and, as appropriate, with the private
sector;
(B) the sharing of information in a form and manner that
facilitates its use in analysis, investigations and
operations;
(C) building upon existing systems capabilities currently
in use across the Government;
(D) utilizing industry best practices, including minimizing
the centralization of data and seeking to use common tools
and capabilities whenever possible;
(E) employing an information access management approach
that controls access to data rather than to just networks;
(F) facilitating the sharing of information at and across
all levels of security by using policy guidelines and
technologies that support writing information that can be
broadly shared;
(G) providing directory services for locating people and
information;
(H) incorporating protections for individuals' privacy and
civil liberties;
(I) incorporating strong mechanisms for information
security and privacy and civil liberties guideline
enforcement in order to enhance accountability and facilitate
oversight, including--
(i) multifactor authentication and access control;
(ii) strong encryption and data protection;
(iii) immutable audit capabilities;
(iv) automated policy enforcement;
(v) perpetual, automated screening for abuses of network
and intrusions; and
(vi) uniform classification and handling procedures;
(J) compliance with requirements of applicable law and
guidance with regard to the planning, design, acquisition,
operation, and management of information systems; and
(K) permitting continuous system upgrades to benefit from
advances in technology while preserving the integrity of
stored data.
(d) Immediate Actions.--Not later than 90 days after the
date of the enactment of this Act, the Director of the Office
of Management and Budget, in consultation with the Executive
Council, shall--
(1) submit to the President and to Congress a description
of the technological, legal, and policy issues presented by
the creation of the Network described in subsection (c), and
the way in which these issues will be addressed;
(2) establish electronic directory services to assist in
locating in the Federal Government intelligence and homeland
security information and people with relevant knowledge about
intelligence and homeland security information; and
(3) conduct a review of relevant current Federal agency
capabilities, including--
(A) a baseline inventory of current Federal systems that
contain intelligence or homeland security information;
(B) the money currently spent to maintain those systems;
and
(C) identification of other information that should be
included in the Network.
(e) Guidelines and Requirements.--As soon as possible, but
in no event later than 180 days after the date of the
enactment of this Act, the President shall--
(1) in consultation with the Executive Council--
(A) issue guidelines for acquiring, accessing, sharing, and
using information, including guidelines to ensure that
information is provided in its most shareable form, such as
by separating out data from the sources and methods by which
that data are obtained; and
(B) on classification policy and handling procedures across
Federal agencies, including commonly accepted processing and
access controls;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 211, issue
guidelines that--
(A) protect privacy and civil liberties in the development
and use of the Network; and
(B) shall be made public, unless, and only to the extent
that, nondisclosure is clearly necessary to protect national
security; and
(3) require the heads of Federal departments and agencies
to promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and unnecessary
requirements for originator approval; and
(B) providing affirmative incentives for information
sharing, such as the incorporation of information sharing
performance measures into agency and managerial evaluations,
and employee awards for promoting innovative information
sharing practices.
(f) Enterprise Architecture and Implementation Plan.--Not
later than 270 days after the date of the enactment of this
Act, the Director of Management and Budget shall submit to
the President and to Congress an enterprise architecture and
implementation plan for the Network. The enterprise
architecture and implementation plan shall be prepared by the
Director of Management and Budget, in consultation with the
Executive Council, and shall include--
(1) a description of the parameters of the proposed
Network, including functions, capabilities, and resources;
(2) a delineation of the roles of the Federal departments
and agencies that will participate in the development of the
Network, including identification of any agency that will
build the infrastructure needed to operate and manage the
Network (as distinct from the individual agency components
that are to be part of the Network), with the delineation of
roles to be consistent with--
(A) the authority of the National Intelligence Director
under this Act to set standards for information sharing and
information technology throughout the intelligence community;
and
(B) the authority of the Secretary of Homeland Security and
the role of the Department of Homeland Security in
coordinating with State, tribal, and local officials and the
private sector;
(3) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(4) an enterprise architecture that--
(A) is consistent with applicable laws and guidance with
regard to planning, design, acquisition, operation, and
management of information systems;
(B) will be used to guide and define the development and
implementation of the Network; and

[[Page S10453]]

(C) addresses the existing and planned enterprise
architectures of the departments and agencies participating
in the Network;
(5) a description of how privacy and civil liberties will
be protected throughout the design and implementation of the
Network;
(6) objective, systemwide performance measures to enable
the assessment of progress toward achieving full
implementation of the Network;
(7) a plan, including a time line, for the development and
phased implementation of the Network;
(8) total budget requirements to develop and implement the
Network, including the estimated annual cost for each of the
5 years following the date of the enactment of this Act; and
(9) proposals for any legislation that the Director of
Management and Budget determines necessary to implement the
Network.
(g) Director of Management and Budget Responsible for
Information Sharing Across the Federal Government.--
(1) Additional duties and responsibilities.--
(A) In general.--The Director of Management and Budget, in
consultation with the Executive Council, shall--
(i) implement and manage the Network;
(ii) develop and implement policies, procedures,
guidelines, rules, and standards as appropriate to foster the
development and proper operation of the Network; and
(iii) assist, monitor, and assess the implementation of the
Network by Federal departments and agencies to ensure
adequate progress, technological consistency and policy
compliance; and regularly report the findings to the
President and to Congress.
(B) Content of policies, procedures, guidelines, rules, and
standards.--The policies, procedures, guidelines, rules, and
standards under subparagraph (A)(ii) shall--
(i) take into account the varying missions and security
requirements of agencies participating in the Network;
(ii) address development, implementation, and oversight of
technical standards and requirements;
(iii) address and facilitate information sharing between
and among departments and agencies of the intelligence
community, the Department of Defense, the Homeland Security
community and the law enforcement community;
(iv) address and facilitate information sharing between
Federal departments and agencies and State, tribal and local
governments;
(v) address and facilitate, as appropriate, information
sharing between Federal departments and agencies and the
private sector;
(vi) address and facilitate, as appropriate, information
sharing between Federal departments and agencies with foreign
partners and allies; and
(vii) ensure the protection of privacy and civil liberties.
(2) Appointment of principal officer.--Not later than 30
days after the date of the enactment of this Act, the
Director of Management and Budget shall appoint, with
approval of the President, a principal officer in the Office
of Management and Budget whose primary responsibility shall
be to carry out the day-to-day duties of the Director
specified in this section. The officer shall report directly
to the Director of Management and Budget, have the rank of a
Deputy Director and shall be paid 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.
(h) Executive Council on Information Sharing.--
(1) Establishment.--There is established an Executive
Council on Information Sharing that shall assist the Director
of Management and Budget in the execution of the Director's
duties under this Act concerning information sharing.
(2) Membership.--The members of the Executive Council shall
be--
(A) the Director of Management and Budget, who shall serve
as Chairman of the Executive Council;
(B) the Secretary of Homeland Security or his designee;
(C) the Secretary of Defense or his designee;
(D) the Attorney General or his designee;
(E) the Secretary of State or his designee;
(F) the Director of the Federal Bureau of Investigation or
his designee;
(G) the National Intelligence Director or his designee;
(H) such other Federal officials as the President shall
designate;
(I) representatives of State, tribal, and local
governments, to be appointed by the President; and
(J) individuals who are employed in private businesses or
nonprofit organizations that own or operate critical
infrastructure, to be appointed by the President.
(3) Responsibilities.--The Executive Council shall assist
the Director of Management and Budget in--
(A) implementing and managing the Network;
(B) developing policies, procedures, guidelines, rules, and
standards necessary to establish and implement the Network;
(C) ensuring there is coordination among departments and
agencies participating in the Network in the development and
implementation of the Network;
(D) reviewing, on an ongoing basis, policies, procedures,
guidelines, rules, and standards related to the
implementation of the Network;
(E) establishing a dispute resolution process to resolve
disagreements among departments and agencies about whether
particular information should be shared and in what manner;
and
(F) considering such reports as are submitted by the
Advisory Board on Information Sharing under subsection
(i)(2).
(4) Inapplicability of federal advisory committee act.--The
Council shall not be subject to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(5) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Director
of Management and Budget, in the capacity of Chair of the
Executive Council, shall submit a report to the President and
to Congress that shall include--
(A) a description of the activities and accomplishments of
the Council in the preceding year; and
(B) the number and dates of the meetings held by the
Council and a list of attendees at each meeting.
(6) Informing the public.--The Executive Council shall--
(A) make 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
(B) otherwise inform the public of its activities, as
appropriate and in a manner consistent with the protection of
classified information and applicable law.
(i) Advisory Board on Information Sharing.--
(1) Establishment.--There is established an Advisory Board
on Information Sharing to advise the President and the
Executive Council on policy, technical, and management issues
related to the design and operation of the Network.
(2) Responsibilities.--The Advisory Board shall advise the
Executive Council on policy, technical, and management issues
related to the design and operation of the Network. At the
request of the Executive Council, or the Director of
Management and Budget in the capacity as Chair of the
Executive Council, or on its own initiative, the Advisory
Board shall submit reports to the Executive Council
concerning the findings and recommendations of the Advisory
Board regarding the design and operation of the Network.
(3) Membership and qualifications.--The Advisory Board
shall be composed of no more than 15 members, to be appointed
by the President from outside the Federal Government. The
members of the Advisory Board shall have significant
experience or expertise in policy, technical and operational
matters, including issues of security, privacy, or civil
liberties, and shall be selected solely on the basis of their
professional qualifications, achievements, public stature and
relevant experience.
(4) Chair.--The President shall designate one of the
members of the Advisory Board to act as chair of the Advisory
Board.
(5) Administrative support.--The Office of Management and
Budget shall provide administrative support for the Advisory
Board.
(j) Reports.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and semiannually thereafter, the
President through the Director of Management and Budget shall
submit a report to Congress on the state of the Network and
of information sharing across the Federal Government.
(2) Content.--Each report under this subsection shall
include--
(A) a progress report on the extent to which the Network
has been implemented, including how the Network has fared on
the government-wide and agency-specific performance measures
and whether the performance goals set in the preceding year
have been met;
(B) objective systemwide performance goals for the
following year;
(C) an accounting of how much was spent on the Network in
the preceding year;
(D) actions taken to ensure that agencies procure new
technology that is consistent with the Network and
information on whether new systems and technology are
consistent with the Network;
(E) the extent to which, in appropriate circumstances, all
terrorism watch lists are available for combined searching in
real time through the Network and whether there are
consistent standards for placing individuals on, and removing
individuals from, the watch lists, including the availability
of processes for correcting errors;
(F) the extent to which unnecessary roadblocks,
impediments, or disincentives to information sharing,
including the inappropriate use of paper-only intelligence
products and requirements for originator approval, have been
eliminated;
(G) the extent to which positive incentives for information
sharing have been implemented;
(H) the extent to which classified information is also made
available through the Network, in whole or in part, in
unclassified form;
(I) the extent to which State, tribal, and local
officials--
(i) are participating in the Network;
(ii) have systems which have become integrated into the
Network;
(iii) are providing as well as receiving information; and
(iv) are using the Network to communicate with each other;
(J) the extent to which--

[[Page S10454]]

(i) private sector data, including information from owners
and operators of critical infrastructure, is incorporated in
the Network; and
(ii) the private sector is both providing and receiving
information;
(K) where private sector data has been used by the
Government or has been incorporated into the Network--
(i) the measures taken to protect sensitive business
information; and
(ii) where the data involves information about individuals,
the measures taken to ensure the accuracy of such data;
(L) the measures taken by the Federal Government to ensure
the accuracy of other information on the Network and, in
particular, the accuracy of information about individuals;
(M) an assessment of the Network's privacy and civil
liberties protections, including actions taken in the
preceding year to implement or enforce privacy and civil
liberties protections and a report of complaints received
about interference with an individual's privacy or civil
liberties; and
(N) an assessment of the security protections of the
Network.
(k) Agency Responsibilities.--The head of each department
or agency possessing or using intelligence or homeland
security information or otherwise participating in the
Network shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules,
and standards established for the Network under subsections
(c) and (g);
(2) ensure the provision of adequate resources for systems
and activities supporting operation of and participation in
the Network; and
(3) ensure full agency or department cooperation in the
development of the Network and associated enterprise
architecture to implement governmentwide information sharing,
and in the management and acquisition of information
technology consistent with applicable law.
(l) Agency Plans and Reports.--Each Federal department or
agency that possesses or uses intelligence and homeland
security information, operates a system in the Network or
otherwise participates, or expects to participate, in the
Network, shall submit to the Director of Management and
Budget--
(1) not later than 1 year after the date of the enactment
of this Act, a report including--
(A) a strategic plan for implementation of the Network's
requirements within the department or agency;
(B) objective performance measures to assess the progress
and adequacy of the department or agency's information
sharing efforts; and
(C) budgetary requirements to integrate the agency into the
Network, including projected annual expenditures for each of
the following 5 years following the submission of the report;
and
(2) annually thereafter, reports including--
(A) an assessment of the progress of the department or
agency in complying with the Network's requirements,
including how well the agency has performed on the objective
measures developed under paragraph (1)(B);
(B) the agency's expenditures to implement and comply with
the Network's requirements in the preceding year; and
(C) the agency's or department's plans for further
implementation of the Network in the year following the
submission of the report.
(m) Periodic Assessments.--
(1) Comptroller general.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and periodically thereafter, the
Comptroller General shall evaluate the implementation of the
Network, both generally and, at the discretion of the
Comptroller General, within specific departments and
agencies, to determine the extent of compliance with the
Network's requirements and to assess the effectiveness of the
Network in improving information sharing and collaboration
and in protecting privacy and civil liberties, and shall
report to Congress on the findings of the Comptroller
General.
(B) Information available to the comptroller general.--Upon
request by the Comptroller General, information relevant to
an evaluation under subsection (a) shall be made available to
the Comptroller General under section 716 of title 31, United
States Code.
(C) Consultation with congressional committees.--If a
record is not made available to the Comptroller General
within a reasonable time, before the Comptroller General
files a report under section 716(b)(1) of title 31, United
States Code, the Comptroller General shall consult with the
Select Committee on Intelligence of the Senate, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, and the Committee on Government Reform of the House
of Representatives concerning the Comptroller's intent to
file a report.
(2) Inspectors general.--The Inspector General in any
Federal department or agency that possesses or uses
intelligence or homeland security information or that
otherwise participates in the Network shall, at the
discretion of the Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that department or agency
with the Network's requirements; and
(ii) assess the effectiveness of that department or agency
in improving information sharing and collaboration and in
protecting privacy and civil liberties; and
(B) issue reports on such audits and investigations.
(n) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $50,000,000 to the Director of Management and Budget to
carry out this section for fiscal year 2005; and
(2) such sums as are necessary to carry out this section in
each fiscal year thereafter, to be disbursed and allocated in
accordance with the Network implementation plan required by
subsection (f).
______

SA 3973. Mr. FRIST (for Mr. Specter) proposed an amendment to the
bill S. 2484, An Act to amend title 38, United States Code, to simplify
and improve pay provisions for physicians and dentists and to authorize
alternate work schedules and executive pay for nurses, 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 ``Department of Veterans
Affairs Health Care Personnel Enhancement Act of 2004''.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this
Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered
to be made to a section or other provision of title 38,
United States Code.

SEC. 3. SIMPLIFICATION AND IMPROVEMENT OF GRADE AND PAY
PROVISIONS FOR PHYSICIANS AND DENTISTS.

(a) Simplification of Grades and Grade Requirements.--(1)
Subsection (b) of section 7404 is amended--
(A) by striking ``(1)'' after ``(b)'';
(B) in the Physician and Dentist Schedule, by striking the
items relating to the grades and inserting the following:
``Physician grade.
``Dentist grade.''; and
(C) by striking paragraph (2).
(2) Subsection (a) of such section is amended by adding at
the end the following: ``The pay of physicians and dentists
serving in positions to which an Executive order applies
under the preceding sentence shall be determined under
subchapter III of this chapter instead of such Executive
order.''.
(b) Simplification and Improvement of Pay Authorities.--
Subchapter III of chapter 74 is amended to read as follows:

``SUBCHAPTER III--PAY FOR PHYSICIANS AND DENTISTS

``Sec. 7431. Pay

``(a) Elements of Pay.--Pay of physicians and dentists in
the Veterans Health Administration shall consist of three
elements as follows:
``(1) Base pay as provided for under subsection (b).
``(2) Market pay as provided for under subsection (c).
``(3) Performance pay as provided under subsection (d).
``(b) Base Pay.--One element of pay for physicians and
dentists shall be base pay. Base pay shall meet the following
requirements:
``(1) Each physician and dentist is entitled to base pay
determined under the Physician and Dentist Base and Longevity
Pay Schedule.
``(2) The Physician and Dentist Base and Longevity Pay
Schedule is composed of 15 rates of base pay designated, from
the lowest rate of pay to the highest rate of pay, as base
pay steps 1 through 15.
``(3) The rate of base pay payable to a physician or
dentist is based on the total number of the years of the
service of the physician or dentist in the Veterans Health
Administration as follows:

``For a physician or dentiThe rate of base pay is the rate payable for:
two years or less...............................................step 1
more than 2 years and not more than 4 years.....................step 2
more than 4 years and not more than 6 years.....................step 3
more than 6 years and not more than 8 years.....................step 4
more than 8 years and not more than 10 years....................step 5
more than 10 years and not more than 12 years...................step 6
more than 12 years and not more than 14 years...................step 7
more than 14 years and not more than 16 years...................step 8
more than 16 years and not more than 18 years...................step 9
more than 18 years and not more than 20 years..................step 10
more than 20 years and not more than 22 years..................step 11
more than 22 years and not more than 24 years..................step 12
more than 24 years and not more than 26 years..................step 13
more than 26 years and not more than 28 years..................step 14
more than 28 years.............................................step 15.
``(4) At the same time as rates of basic pay are increased
for a year under section 5303 of

[[Page S10455]]

title 5, the Secretary shall increase the amount of base pay
payable under this subsection for that year by a percentage
equal to the percentage by which rates of basic pay are
increased under such section for that year.
``(c) Market Pay.--One element of pay for physicians and
dentists shall be market pay. Market pay shall meet the
following requirements:
``(1) Each physician and dentist is eligible for market
pay.
``(2) Market pay shall consist of pay intended to reflect
the recruitment and retention needs for the specialty or
assignment (as defined by the Secretary) of a particular
physician or dentist in a facility of the Department of
Veterans Affairs.
``(3) The annual amount of the market pay payable to a
physician or dentist shall be determined by the Secretary on
a case-by-case basis.
``(4)(A) In determining the amount of market pay for
physicians or dentists, the Secretary shall consult two or
more national surveys of pay for physicians or dentists, as
applicable, whether prepared by private, public, or quasi-
public entities in order to make a general assessment of the
range of pays payable to physicians or dentists, as
applicable.
``(B)(i) In determining the amount of the market pay for a
particular physician or dentist under this subsection, and in
determining a tier (if any) to apply to a physician or
dentist under subsection (e)(1)(B), the Secretary shall
consult with and consider the recommendations of an
appropriate panel or board composed of physicians or dentists
(as applicable).
``(ii) A physician or dentist may not be a member of the
panel or board that makes recommendations under clause (i)
with respect to the market pay of such physician or dentist,
as the case may be.
``(iii) The Secretary should, to the extent practicable,
ensure that a panel or board consulted under this
subparagraph includes physicians or dentists (as applicable)
who are practicing clinicians and who do not hold management
positions in the medical facility of the Department at which
the physician or dentist subject to the consultation is
employed.
``(5) The determination of the amount of market pay of a
physician or dentist shall take into account--
``(A) the level of experience of the physician or dentist
in the specialty or assignment of the physician or dentist;
``(B) the need for the specialty or assignment of the
physician or dentist at the medical facility of the
Department concerned;
``(C) the health care labor market for the specialty or
assignment of the physician or dentist, which may cover any
geographic area the Secretary considers appropriate for the
specialty or assignment;
``(D) the board certifications, if any, of the physician or
dentist;
``(E) the prior experience, if any, of the physician or
dentist as an employee of the Veterans Health Administration;
and
``(F) such other considerations as the Secretary considers
appropriate.
``(6) The amount of market pay of a physician or dentist
shall be evaluated by the Secretary not less often than once
every 24 months. The amount of market pay may be adjusted as
the result of an evaluation under this paragraph. A physician
or dentist whose market pay is evaluated under this paragraph
shall receive written notice of the results of such
evaluation in accordance with procedures prescribed under
section 7433 of this title.
``(7) No adjustment of the amount of market pay of a
physician or dentist under paragraph (6) may result in a
reduction of the amount of market pay of the physician or
dentist while in the same position or assignment at the
medical facility of the Department concerned.
``(d) Performance Pay.--(1) One element of pay for
physicians and dentists shall be performance pay.
``(2) Performance pay shall be paid to a physician or
dentist on the basis of the physician's or dentist's
achievement of specific goals and performance objectives
prescribed by the Secretary.
``(3) The Secretary shall ensure that each physician and
dentist of the Department is advised of the specific goals or
objectives that are to be measured by the Secretary in
determining the eligibility of that physician or dentist for
performance pay.
``(4) The amount of the performance pay payable to a
physician or dentist may vary annually on the basis of
individual achievement or attainment of the goals or
objectives applicable to the physician or dentist under
paragraph (2).
``(5) The amount of performance pay payable to a physician
or dentist in a fiscal year shall be determined in accordance
with regulations prescribed by the Secretary, but may not
exceed the lower of--
``(A) $15,000; or
``(B) the amount equal to 7.5 percent of the sum of the
base pay and the market pay payable to such physician or
dentist in that fiscal year.
``(6) A failure to meet goals or objectives applicable to a
physician or dentist under paragraph (2) may not be the sole
basis for an adverse personnel action against that physician
or dentist.
``(e) Requirements and Limitations on Total Pay.--(1)(A)
Not less often than once every two years, the Secretary shall
prescribe for Department-wide applicability the minimum and
maximum amounts of annual pay that may be paid under this
section to physicians and the minimum and maximum amounts of
annual pay that may be paid under this section to dentists.
``(B) The Secretary may prescribe for Department-wide
applicability under this paragraph separate minimum and
maximum amounts of pay for a specialty or assignment. If the
Secretary prescribes separate minimum and maximum amounts for
a specialty or assignment, the Secretary may establish up to
four tiers of minimum and maximum amounts for such specialty
or assignment and prescribe for each tier a minimum amount
and a maximum amount that the Secretary determines
appropriate for the professional responsibilities,
professional achievements, and administrative duties of the
physicians or dentists (as the case may be) whose pay is set
within that tier.
``(C) Amounts prescribed under this paragraph shall be
published in the Federal Register, and shall not take effect
until at least 60 days after the date of publication.
``(2) Except as provided in paragraph (3) and subject to
paragraph (4), the sum of the total amount of the annual rate
of base pay payable to a physician or dentist under
subsection (b) and the market pay determined for the
physician or dentist under subsection (c) may not be less
than the minimum amount, nor more than the maximum amount,
applicable to specialty or assignment of the physician or
dentist under paragraph (1).
``(3) The sum of the total amount of the annual rate of
base pay payable to a physician or dentist under subsection
(b) and the market pay determined for the physician or
dentist under subsection (c) may exceed the maximum amount
applicable to the specialty or assignment of the physician or
dentist under paragraph (1) as a result of an adjustment
under paragraph (3) or (4) of subsection (b).
``(4) In no case may the total amount of compensation paid
to a physician or dentist under this title in any year exceed
the amount of annual compensation (excluding expenses)
specified in section 102 of title 3.
``(f) Treatment of Pay.--Pay under subsections (b) and (c)
of this section shall be considered pay for all purposes,
including retirement benefits under chapters 83 and 84 of
title 5 and other benefits.
``(g) Ancillary Effects of Decreases in Pay.--(1) A
decrease in pay of a physician or dentist resulting from an
adjustment in the amount of market pay of the physician or
dentist under subsection (c) shall not be treated as an
adverse action.
``(2) If the pay of a physician or dentist is reduced under
this subchapter as a result of an involuntary reassignment in
connection with a disciplinary action taken against the
physician or dentist, the involuntary reassignment shall be
subject to appeal under subchapter V of this chapter.
``(h) Delegation of Responsibilities.--The Secretary may
delegate to an appropriate officer or employee of the
Department any responsibility of the Secretary under
subsection (c), (d), or (e) except for the responsibilities
of the Secretary under subsection (e)(1).

``Sec. 7432. Pay of Under Secretary for Health

``(a) Base Pay.--The base pay of the Under Secretary for
Health shall be the annual rate of basic pay for positions at
Level III of the Executive Schedule under section 5314 of
title 5.
``(b) Market Pay.--(1) In the case of an Under Secretary
for Health who is also a physician or dentist, in addition to
the base pay specified in subsection (a) the Under Secretary
for Health may also be paid the market pay element of pay of
physicians and dentists under section 7431(c) of this title.
``(2) The amount of market pay of the Under Secretary for
Health under this subsection shall be established by the
Secretary.
``(3) In establishing the amount of market pay of the Under
Secretary for Health under this subsection, the Secretary
shall utilize an appropriate health care labor market
selected by the Secretary for purposes of this subsection.
``(c) Treatment of Pay.--Pay under this section shall be
considered pay for all purposes, including retirement
benefits under chapters 83 and 84 of title 5 and other
benefits.

``Sec. 7433. Administrative matters

``(a) Regulations.--(1) The Secretary shall prescribe
regulations relating to the pay of physicians and dentists in
the Veterans Health Administration under this subchapter.
``(2) In prescribing the regulations, the Secretary shall
take into account the recommendations of the Under Secretary
for Health on the administration of this subchapter. In
formulating recommendations for the purpose of this
paragraph, the Under Secretary shall request the views of
representatives of labor organizations that are exclusive
representatives of physicians and dentists of the Department
and the views of representatives of professional
organizations of physicians and dentists of the Department.
``(b) Reports.--(1) Not later than 18 months after the
Secretary prescribes the regulations required by subsection
(a), and annually thereafter for the next 5 years, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
pay of physicians and dentists in the Veterans Health
Administration under this subchapter.

[[Page S10456]]

``(2) Each report under this subsection shall include the
following:
``(A) A description of the rates of pay in effect during
the current fiscal year with a comparison to the rates in
effect during the fiscal year preceding the current fiscal
year, set forth by facility and by specialty.
``(B) The number of physicians and dentists who left the
Veterans Health Administration during the preceding fiscal
year.
``(C) The number of unfilled physician positions and
dentist positions in each specialty in the Veterans Health
Administration, the average and maximum lengths of time that
such positions have been unfilled, and an assessment of the
reasons that such positions remain unfilled.
``(D) An assessment of the impact of implementation of this
subchapter on efforts to recruit and retain physicians and
dentists in the Veterans Health Administration.
``(3) The first two annual reports under this subsection
shall also include a comparison of staffing levels, contract
expenditures, and average salaries of physicians and dentists
in the Veterans Health Administration for the current fiscal
year and for the fiscal year preceding the current fiscal
year, set forth by facility and by specialty.''.
(c) Initial Rates of Base Pay for Physicians and
Dentists.--The initial rates of base pay established for the
base pay steps under the Physician and Dentist Base and
Longevity Pay Schedule provided in section 7431(b) of title
38, United States Code (as added by subsection (b)), are as
follows:

Base Pay Step:                                             Rate of Pay:
1..............................................................$90,000
2..............................................................$93,000
3..............................................................$96,000
4..............................................................$99,000
5.............................................................$102,000
6.............................................................$105,000
7.............................................................$108,000
8.............................................................$111,000
9.............................................................$114,000
10............................................................$117,000
11............................................................$120,000
12............................................................$123,000
13............................................................$126,000
14............................................................$129,000
15............................................................$132,000.

(d) Effective Date.--(1) Notwithstanding the 60-day waiting
requirement in section 7431(e)(1)(C) of title 38, United
States Code (as amended by subsection (b)), pay provided for
a physician or dentist under subchapter III of chapter 74 of
such title, as amended by subsection (b), shall take effect
on the first day of the first pay period applicable to such
physician or dentist that begins on or after January 1, 2006.
(2) Pay provided for the Under Secretary for Health under
subchapter III of chapter 74 of title 38, United States Code,
as amended by this section shall take effect on the first day
of the first pay period applicable to the Under Secretary
that begins on or after January 1, 2006.
(e) Transition Provisions.--
(1) Physicians and dentists.--
(A) Pay.--(i) The amount of the pay payable on and after
the date of the enactment of this Act to a physician or
dentist in receipt of pay under section 7404 or 7405 of title
38, United States Code, as of the day before such date shall
continue to be determined under such section (as in effect on
the day before such date) until the effective date that is
applicable under subsection (d) to such physician or dentist,
as the case may be.
(ii) A physician or dentist appointed or reassigned on or
after the date of the enactment of this Act, but before the
effective date applicable under subsection (d) to such
physician or dentist, shall be compensated in accordance with
applicable provisions of section 7404 or 7405 of title 38,
United States Code (as in effect on the day before date of
the enactment of this Act), until such effective date.
(B) Special pay.--(i) A special pay agreement entered into
by a physician or dentist under subchapter III of chapter 74
of title 38, United States Code, before the date of the
enactment of this Act shall terminate on the date of the
enactment of this Act. However, a physician or dentist in
receipt of special pay pursuant to such an agreement on that
date shall continue to receive special pay under the terms of
such agreement until the effective date that is applicable
under subsection (d) to such physician or dentist.
(ii) A physician or dentist described in subparagraph
(A)(ii) may be paid special pay under applicable provisions
of section 7433, 7434, 7435, or 7436 of title 38, United
States Code (as in effect on the day before the date of the
enactment of this Act), during the period beginning on the
date of the appointment or reassignment of such physician or
dentist, as the case may be, and ending on the effective date
applicable under subsection (d) to such physician or dentist.
However, no special pay agreement shall be required for the
payment of special pay under this clause.
(C) Treatment of special pay.--(i) Special pay paid under
subparagraph (B) to a physician or dentist during the period
beginning on the date of the enactment of this Act and ending
on the effective date applicable under subsection (d) to such
physician or dentist shall be subject to the provisions of
paragraphs (1), (2), (4), (5), and (6) of section 7438(b) of
title 38, United States Code (as in effect on the day before
the date of the enactment of this Act).
(ii) Special pay paid to a physician or dentist under
section 7438 of title 38, United States Code (as in effect on
the day before the date of the enactment of this Act), shall
be fully creditable for purposes of computing benefits under
chapters 83 and 84 of title 5, United States Code.
(D) Preservation of pay.--The amount of pay paid to a
physician or dentist after the effective date of this Act
shall not be less than the amount of pay paid to such
physician or dentist on the day before the effective date of
this Act while such physician or dentist remains in the same
position or assignment.
(2) Under secretary for health.--
(A) Special pay.--(i) The current special pay agreement
entered into by the Under Secretary for Health under
subchapters I and III of chapter 74 of title 38, United
States Code, before the date of the enactment of this Act
shall terminate on the date of the enactment of this Act.
However, the Under Secretary shall continue to receive
special pay under the terms of such agreement until the
effective date that is applicable under subsection (d) to the
Under Secretary.
(ii) An individual appointed as Under Secretary for Health
on or after the date of the enactment of this Act and before
the effective date applicable under subsection (d) to the
Under Secretary shall be paid special pay in accordance with
the provisions of sections 7432(d)(2) and 7433 of title 38,
United States Code (as in effect on the day before the date
of the enactment of this Act), during the period beginning on
the date of appointment and ending on such effective date.
However, no special pay agreement shall be required for the
payment of special pay under this clause.
(B) Treatment of special pay.--Special pay paid under
subparagraph (A) during the period beginning on the date of
the enactment of this Act and ending on the effective date
applicable under subsection (d) to the Under Secretary--
(i) shall be subject to the provisions of paragraphs (1),
(2), (4), (5), and (6) of section 7438(b) of title 38, United
States Code (as in effect on the day before the date of the
enactment of this Act); and
(ii) shall be fully creditable for purposes of computing
benefits under chapters 83 and 84 of title 5, United States
Code.
(f) Conforming Amendments.--Section 7404 is amended--
(1) in subsection (c), by striking ``special pay'' and
inserting ``pay''; and
(2) in subsection (d), by striking ``pay may not be paid''
and all that follows and inserting ``pay for positions for
which basic pay is paid under this section may not be paid at
a rate in excess of the rate of basic pay authorized by
section 5316 of title 5 for positions in Level V of the
Executive Schedule.''.
(g) Clerical Amendment.--The table of sections at the
beginning of chapter 74 is amended by striking the items
relating to subchapter III and inserting the following new
items:

``SUBCHAPTER III--PAY FOR PHYSICIANS AND DENTISTS
``Sec. 7431. Pay.
``Sec. 7432. Pay of Under Secretary for Health.
``Sec. 7433. Administrative matters.''.

SEC. 4. ALTERNATE WORK SCHEDULES FOR REGISTERED NURSES.

(a) In General.--(1) Chapter 74 is amended by inserting
after section 7456 the following new section:

``Sec. 7456A. Nurses: alternate work schedules

``(a) Applicability.--This section applies to registered
nurses appointed under this chapter.
``(b) 36/40 Work Schedule.--(1)(A) Subject to paragraph
(2), if the Secretary determines it to be necessary in order
to obtain or retain the services of registered nurses at any
Department health-care facility, the Secretary may provide,
in the case of nurses employed at such facility, that such
nurses who work three regularly scheduled 12-hour tours of
duty within a work week shall be considered for all purposes
to have worked a full 40-hour basic work week.
``(B) A nurse who works under the authority in subparagraph
(A) shall be considered a 0.90 full-time equivalent employee
in computing full-time equivalent employees for the purposes
of determining compliance with personnel ceilings.
``(2)(A) Basic and additional pay for a nurse who is
considered under paragraph (1) to have worked a full 40-hour
basic work week shall be subject to subparagraphs (B) and
(C).
``(B) The hourly rate of basic pay for a nurse covered by
this paragraph for service performed as part of a regularly
scheduled 36-hour tour of duty within the work week shall be
derived by dividing the nurse's annual rate of basic pay by
1,872.
``(C) The Secretary shall pay overtime pay to a nurse
covered by this paragraph who--
``(i) performs a period of service in excess of such
nurse's regularly scheduled 36-hour tour of duty within an
administrative work week;
``(ii) for officially ordered or approved service, performs
a period of service in excess of 8 hours on a day other than
a day on which such nurse's regularly scheduled 12-hour tour
of duty falls;
``(iii) performs a period of service in excess of 12 hours
for any day included in the regularly scheduled 36-hour tour
of duty work week; or
``(iv) performs a period of service in excess of 40 hours
during an administrative work week.

[[Page S10457]]

``(D) The Secretary may provide a nurse to whom this
subsection applies with additional pay under section 7453 of
this title for any period included in a regularly scheduled
12-hour tour of duty.
``(3) A nurse who works a work schedule described in this
subsection who is absent on approved sick leave or annual
leave during a regularly scheduled 12-hour tour of duty shall
be charged for such leave at a rate of ten hours of leave for
every nine hours of absence.
``(c) Holiday Pay.--A nurse working a work schedule under
subsection (b) that includes a holiday designated by law or
Executive order shall be eligible for holiday pay under
section 7453(d) of this title for any service performed by
the nurse on such holiday under such section.
``(d) 9-Month Work Schedule for Certain Nurses.--(1) The
Secretary may authorize a registered nurse appointed under
section 7405 of this title, with the nurse's written consent,
to work full time for nine months with 3 months off duty,
within a fiscal year, and be paid at 75 percent of the full-
time rate for such nurse's grade for each pay period of such
fiscal year.
``(2) A nurse who works under the authority in paragraph
(1) shall be considered a 0.75 full-time equivalent employee
in computing full-time equivalent employees for the purposes
of determining compliance with personnel ceilings.
``(3) Work under this subsection shall be considered part-
time service for purposes of computing benefits under
chapters 83 and 84 of title 5.
``(4) A nurse who works under the authority in paragraph
(1) shall be considered a full-time employee for purposes of
chapter 89 of title 5.
``(e) Notification of Modification of Benefits.--The
Secretary shall provide each employee with respect to whom an
alternate work schedule under this section may apply written
notice of the effect, if any, that the alternate work
schedule will have on the employee's health care premium,
retirement, life insurance premium, probationary status, or
other benefit or condition of employment. The notice shall be
provided not later than 14 days before the employee consents
to the alternate work schedule.
``(f) Regulations.--The Secretary shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of chapter 74 is
amended by inserting after the item relating to section 7456
the following new item:

``Sec. 7456A. Nurses: alternate work schedules.''.

(b) Policy Against Certain Work Hours.--(1) It is the sense
of Congress to encourage the Secretary of Veterans Affairs to
prevent work hours by nurses providing direct patient care in
excess of 12 consecutive hours or in excess of 60 hours in
any 7-day period, except in the case of nurses providing
emergency care.
(2) Not later than one year after the date of the enactment
of this Act and every year thereafter for the next two years,
the Secretary shall certify to Congress whether or not each
Veterans Health Administration facility has in place, as of
the date of such certification, a policy designed to prevent
work hours by nurses providing direct patient care (other
than nurses providing emergency care) in excess of 12
consecutive hours or in excess of 60 hours in any 7-day
period.

SEC. 5. NURSE EXECUTIVE SPECIAL PAY.

Section 7452 is amended by adding at the end the following
new subsection:
``(g)(1) In order to recruit and retain highly qualified
Department nurse executives, the Secretary may, in accordance
with regulations prescribed by the Secretary, pay special pay
to the nurse executive at each location as follows:
``(A) Each Department health care facility.
``(B) The Central Office.
``(2) The amount of special pay paid to a nurse executive
under paragraph (1) shall be not less than $10,000 or more
than $25,000.
``(3) The amount of special pay paid to a nurse executive
under paragraph (1) shall be based on factors such as the
grade of the nurse executive position, the scope and
complexity of the nurse executive position, the personal
qualifications of the nurse executive, the characteristics of
the health care facility concerned, the nature and number of
specialty care units at the health care facility concerned,
demonstrated difficulties in recruitment and retention of
nurse executives at the health care facility concerned, and
such other factors as the Secretary considers appropriate.
``(4) Special pay paid to a nurse executive under paragraph
(1) shall be in addition to any other pay (including basic
pay) and allowances to which the nurse executive is entitled,
and shall be considered pay for all purposes, including
retirement benefits under chapters 83 and 84 of title 5, and
other benefits, but shall not be considered basic pay for
purposes of adverse actions under subchapter V of this
chapter.''.
______

SA 3974. Mr. FRIST (for himself, Mr. Daschle, Mr. McConnell, and Mr.
Reid) submitted an amendment intended to be proposed by him to the
resolution S. Res 445, to eliminate certain restrictions on service of
a Senator on the Senate Select Committee on intelligence; which was
ordered to lie on the table; as follows:

At the end of the resolution, insert the following:

SEC. 100. PURPOSE.

It is the purpose of titles I through V of this resolution
to improve the effectiveness of the Senate Select Committee
on Intelligence, especially with regard to its oversight of
the Intelligence Community of the United States Government,
and to improve the Senate's oversight of homeland security.

TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

SEC. 101. HOMELAND SECURITY.

(a) Committee on Homeland Security and Government
Affairs.--The Committee on Governmental Affairs is renamed as
the Committee on Homeland Security and Governmental Affairs.
(b) Jurisdiction.--There shall be referred to the committee
all proposed legislation, messages, petitions, memorials, and
other matters relating primarily to the following subjects:
(1) Department of Homeland Security except matters relating
to the Coast Guard, to the Transportation Security
administration, and to the Federal Law Enforcement Training
Center, and the revenue functions of the Customs Service.
(2) Archives of the United States.
(3) Budget and accounting measures, other than
appropriations, except as provided in the Congressional
Budget Act of 1974.
(4) Census and collection of statistics, including economic
and social statistics.
(5) Congressional organization, except for any part of the
matter that amends the rules or orders of the Senate.
(6) Federal Civil Service.
(7) Government information.
(8) Intergovernmental relations.
(9) Municipal affairs of the District of Columbia, except
appropriations therefor.
(10) Organization and management of United States nuclear
export policy.
(11) Organization and reorganization of the executive
branch of the Government.
(12) Postal Service.
(13) Status of officers and employees of the United States,
including their classification, compensation, and benefits.
(c) Additional Duties.--The committee shall have the duty
of--
(1) receiving and examining reports of the Comptroller
General of the United States and of submitting such
recommendations to the Senate as it deems necessary or
desirable in connection with the subject matter of such
reports;
(2) studying the efficiency, economy, and effectiveness of
all agencies and departments of the Government;
(3) evaluating the effects of laws enacted to reorganize
the legislative and executive branches of the Government; and
(4) studying the intergovernmental relationships between
the United States and the States and municipalities, and
between the United States and international organizations of
which the United States is a member.
(d) Jurisdiction of Senate Committees.--The jurisdiction of
the Committee on Homeland Security and Governmental Affairs
provided in subsection (b) shall supersede the jurisdiction
of any other committee of the Senate provided in the rules of
the Senate.

TITLE II--INTELLIGENCE OVERSIGHT REFORM

SEC. 201. INTELLIGENCE OVERSIGHT.

(a) Committee on Armed Services Membership.--Section
2(a)(3) of Senate Resolution 400, agreed to May 19, 1976
(94th Congress) (referred to in this section as ``S. Res.
400'') is amended by--
(1) inserting ``(A)'' after ``(3)''; and
(2) inserting at the end the following:
``(B) The Chairman and Ranking Member of the Committee on
Armed Services (if not already a member of the select
Committee) shall be ex officio members of the select
Committee but shall have no vote in the Committee and shall
not be counted for purposes of determining a quorum.''.
(b) Number of Members.--Section 2(a) of S. Res. 400 is
amended--
(1) in paragraph (1), by inserting ``not to exceed'' before
``fifteen members'';
(2) in paragraph (1)(E), by inserting ``not to exceed''
before ``seven''; and
(3) in paragraph (2), by striking the second sentence and
inserting ``Of any members appointed under paragraph (1)(E),
the majority leader shall appoint the majority members and
the minority leader shall appoint the minority members, with
the majority having a one vote margin.''.
(c) Elimination of Term Limits.--Section 2 of Senate
Resolution 400, 94th Congress, agreed to May 19, 1976, is
amended by striking subsection (b) and by redesignating
subsection (c) as subsection (b).
(d) Appointment of Chairman and Ranking Member.--Section
2(b) of S. Res. 400, as redesignated by subsection (c) of
this section, is amended by striking the first sentence and
inserting the following: ``At the beginning of each Congress,
the Majority Leader of the Senate shall select a chairman of
the select Committee and the Minority Leader shall select a
vice chairman for the select Committee.''.
(e) Subcommittees.--Section 2 of S. Res. 400, as amended by
subsections (a) through (d), is amended by adding at the end
the following:
``(c) The select Committee may be organized into
subcommittees. Each subcommittee shall have a chairman and a
vice chairman who are selected by the Chairman

[[Page S10458]]

and Vice Chairman of the select Committee, respectively.''.
(f) Reports.--Section 4(a) of S. Res. 400 is amended by
inserting ``, but not less than quarterly,'' after
``periodic''.
(g) Staff.--Section 15 of S. Res. 400 is amended to read as
follows:
``Sec. 15. (a) The select Committee shall hire or appoint
one employee for each member of the select Committee to serve
as such Member's designated representative on the select
Committee. The select Committee shall only hire or appoint an
employee chosen by the respective Member of the select
Committee for whom the employee will serve as the designated
representative on the select Committee.
``(b) The select Committee shall be afforded a supplement
to its budget, to be determined by the Committee on Rules and
Administration, to allow for the hire of each employee who
fills the position of designated representative to the select
Committee. The designated representative shall have office
space and appropriate office equipment in the select
Committee spaces, and shall have full access to select
Committee staff, information, records, and databases.
``(c) The designated employee shall meet all the
requirements of relevant statutes, Senate rules, and
committee clearance requirements for employment by the select
Committee.''.
(h) Nominees.--S. Res. 400 is amended by adding at the end
the following:
``Sec. 17. (a) The select Committee shall have final
responsibility for reviewing, holding hearings, and voting on
civilian persons nominated by the President to fill a
position within the intelligence community that requires the
advice and consent of the Senate.
``(b) Other committees with jurisdiction over the nominees'
executive branch department may hold hearings and interviews
with that person.''.

TITLE III--COMMITTEE STATUS

SEC. 301. COMMITTEE STATUS.

(a) Homeland Security.--The Committee on Homeland Security
and Governmental Affairs shall be treated as the Committee on
Governmental Affairs listed under paragraph 2 of rule XXV of
the Standing Rules of the Senate for purposes of the Standing
Rules of the Senate.
(b) Intelligence.--The select Committee on Intelligence
shall be treated as a committee listed under paragraph 2 of
rule XXV of the Standing Rules of the Senate for purposes of
the Standing Rules of the Senate.

TITLE IV--INTELLIGENCE-RELATED SUBCOMMITTEES

SEC. 401. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

(a) Establishment.--There is established in the select
Committee on Intelligence a Subcommittee on Oversight which
shall be in addition to any other subcommittee established by
the select Committee.
(b) Responsibility.--The Subcommittee on Oversight shall be
responsible for ongoing oversight of intelligence activities.

SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE
APPROPRIATIONS.

(a) Establishment.--There is established in the Committee
on Appropriations a Subcommittee on Intelligence. The
Subcommittee on Military Construction shall be combined with
the Subcommittee on Defense into 1 subcommittee.
(b) Jurisdiction.--The Subcommittee on Intelligence of the
Committee on Appropriations shall have jurisdiction over
funding for intelligence matters.

TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

This resolution shall take effect on the convening of the
109th Congress.

____________________