[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[Senate]
[Pages S9819-S9863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       At the appropriate place, insert the following:

                     TITLE      --AIR CARGO SAFETY

     SEC. --01. SHORT TITLE.

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

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

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

     SEC. --03. AIR CARGO SHIPPING.

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

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

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

[[Page S9820]]

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

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

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

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

     ``Sec.  44924. Air cargo security

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

``44924. Air cargo security''.

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

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

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

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

     SEC. --07. PASSENGER IDENTIFICATION.

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

     SEC. --08. PASSENGER IDENTIFICATION VERIFICATION.

       (a) Program Required.--The Under Secretary of 
     Transportation for Security may establish and carry out a 
     program to require the installation and use at airports in 
     the United States of the identification verification 
     technologies the Under Secretary considers appropriate to 
     assist in the screening of passengers boarding aircraft at 
     such airports.
       (b) Technologies Employed.--The identification verification 
     technologies required as part of the program under subsection 
     (a) may include identification scanners, biometrics, retinal, 
     iris, or facial scanners, or any other technologies that the 
     Under Secretary considers appropriate for purposes of the 
     program.
       (c) Commencement.--If the Under Secretary determines that 
     the implementation of such a program is appropriate, the 
     installation and use of identification verification 
     technologies under the program shall commence as soon as 
     practicable after the date of that determination.
                                 ______
                                 
  SA 3710. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 207. UNIFIED COMBATANT COMMAND FOR MILITARY 
                   INTELLIGENCE.

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

[[Page S9821]]

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

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

``167b. Unified combatant command for military intelligence.''.
                                 ______
                                 
  SA 3711. Mrs. HUTCHISON (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                     TITLE      --AIR CARGO SAFETY

     SEC. --01. SHORT TITLE.

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

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

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

     SEC. --03. AIR CARGO SHIPPING.

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

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

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

[[Page S9822]]

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

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

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

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

     ``Sec.  44926. Air cargo security

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

``44926. Air cargo security''.

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

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

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

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

     SEC. --07. PASSENGER IDENTIFICATION VERIFICATION.

       (a) Program Required.--The Secretary of Homeland Security 
     may establish and carry out a program to require the 
     installation and use at airports in the United States of the 
     identification verification technologies the Secretary 
     considers appropriate to assist in the screening of 
     passengers boarding aircraft at such airports.
       (b) Technologies Employed.--The identification verification 
     technologies required as part of the program under subsection 
     (a) may include identification scanners, biometrics, retinal, 
     iris, or facial scanners, or any other technologies that the 
     Secretary considers appropriate for purposes of the program.
       (c) Commencement.--If the Secretary determines that the 
     implementation of such a program is appropriate, the 
     installation and use of identification verification 
     technologies under the program shall commence as soon as 
     practicable after the date of that determination.
                                 ______
                                 
  SA 3712. Mr. ROCKEFELLER (for himself, Mr. Hollings, Ms. Snowe, Mr. 
Lautenberg, and Mr. Schumer) submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

                       TITLE  --AVIATION SECURITY

     SEC.  01. IMPROVED PILOT LICENSES.

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

     SEC.  02. AIRCRAFT CHARTER CUSTOMER SCREENING.

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

[[Page S9823]]

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

     SEC.  03. AIRCRAFT RENTAL CUSTOMER SCREENING.

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

     SEC.  04. AVIATION SECURITY STAFFING.

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

     SEC.  05. IMPROVED AIR CARGO AND AIRPORT SECURITY.

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

     SEC.  06. AIR CARGO SECURITY MEASURES.

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

     ``Sec. 44925. All-cargo aircraft security

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

[[Page S9824]]

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

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

     SEC.  07. EXPLOSIVE DETECTION SYSTEMS.

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

     SEC.  08. AIR MARSHAL PROGRAM.

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

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

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

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

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

     SEC.  11. AVIATION SECURITY RESEARCH AND DEVELOPMENT.

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

     SEC.  12. PERIMETER ACCESS TECHNOLOGY.

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

     SEC.  13. BEREAVEMENT FARES.

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

     ``Sec. 41512. Bereavement fares.

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

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

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

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

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

[[Page S9825]]

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

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

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

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

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

     SEC.  18. SECURITY OF AIR MARSHAL IDENTITY.

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

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

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

     SEC.  20. EFFECTIVE DATE.

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

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

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

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

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

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

     SEC. 127. PRIVACY OFFICER OF THE INTELLIGENCE COMMUNITY.

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

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

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

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

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

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

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

[[Page S9826]]

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

     SEC. 141. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

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

     SEC. 142. OMBUDSMAN OF THE INTELLIGENCE COMMUNITY.

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

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

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

       On page 46, strike lines 6 through 10.
                                 ______
                                 
  SA 3716. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 11, line 22, strike ``and'' at the end.
       On page 11, between lines 22 and 23, insert the following:
       (5) to such officials of State and local governments having 
     homeland security responsibilities as the President shall 
     direct; and
       On page 11, line 23, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 3717. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 39, strike lines 8 through 11 and insert the 
     following:
       (c) Personnel Strength Level.--Congress shall authorize the 
     personnel strength level for the National Intelligence 
     Reserve Corps for each fiscal year.
                                 ______
                                 
  SA 3718. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

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

[[Page S9827]]

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

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

       (a) Directorate of Intelligence of Federal Bureau of 
     Investigation.--The element of the Federal Bureau of 
     Investigation known as of the date of the enactment of this 
     Act is hereby redesignated as the Directorate of Intelligence 
     of the Federal Bureau of Investigation.
       (b) Head of Directorate.--The head of the Directorate of 
     Intelligence shall be the Executive Assistant Director of the 
     Federal Bureau of Investigation for Intelligence or such 
     other official within the Federal Bureau of Investigation as 
     the Director of the Federal Bureau of Investigation shall 
     designate.
       (c) Responsibilities.--The Directorate of Intelligence 
     shall be responsible for the following:
       (1) The discharge by the Federal Bureau of Investigation of 
     all national intelligence programs, projects, and activities 
     of the Bureau.
       (2) The discharge by the Bureau of the requirements in 
     section 105B of the National Security Act of 1947 (50 U.S.C. 
     403-5b).
       (3) The oversight of Bureau field intelligence operations.
       (4) Human source development and management by the Bureau.
       (5) Collection by the Bureau against nationally-determined 
     intelligence requirements.
       (6) Language services.
       (7) Strategic analysis.
       (8) Intelligence program and budget management.
       (9) The intelligence workforce.
       (10) Any other responsibilities specified by the Director 
     of the Federal Bureau of Investigation or specified by law.
       (d) Staff.--The Directorate of Intelligence shall consist 
     of such staff as the Director of the Federal Bureau of 
     Investigation considers appropriate for the activities of the 
     Directorate.
                                 ______
                                 
  SA 3719. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:
       On page 7, line 23, insert ``tactical military'' before 
     ``intelligence''.
       On page 8, between lines 6 and 7, insert the following:
       (8) The term ``tactical military intelligence'' means 
     foreign intelligence produced by an element of the Department 
     of Defense and intended primarily to be responsive to the 
     needs of military commanders in the field to maintain the 
     readiness of operating forces for combat operations and to 
     support the planning and conduct of combat operations.
       On page 13, line 9, strike ``military intelligence'' and 
     insert ``tactical military intelligence''.
       On page 21, beginning on line 20, strike ``military 
     intelligence'' and insert ``tactical military intelligence''.
       On page 52, line 14, strike ``military intelligence'' and 
     insert ``tactical military intelligence''.
                                 ______
                                 
  SA 3720. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

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

     SEC. 153. NATIONAL INTELLIGENCE UNIVERSITY.

       (a) National Intelligence University.--The National 
     Intelligence Director shall establish within the intelligence 
     community an institution of higher education to be known as 
     the National Intelligence University.
       (b) Purpose.--The purpose of the National Intelligence 
     University shall be to provide such higher education and 
     training in matters relating to intelligence for personnel of 
     the elements of the intelligence community as the National 
     Intelligence Director shall prescribe.
       (c) Component Institutions.--The National Intelligence 
     University shall consist of such component institutions as 
     the National Intelligence Director shall prescribe.
       (d) Authority To Award Degrees.--Each component institution 
     of the National Intelligence University shall be authorized, 
     upon the recommendation of the faculty of such institution, 
     to award a degree in such fields as the National Intelligence 
     Director shall prescribe to graduates of such institution who 
     have fulfilled the requirements for such a degree.
       (e) Model.--(1) In establishing the National Intelligence 
     University, the National Intelligence Director shall adapt 
     for use in the National Intelligence University such 
     mechanisms and requirements with respect to the National 
     Defense University under chapter 108 of title 10, United 
     States Code, as the Director considers appropriate.
       (2) The Director shall consult with the Secretary of 
     Defense regarding the adaptation to the National Intelligence 
     University of mechanisms and requirements of the National 
     Defense University under paragraph (1).
       (f) Regulations.--The National Intelligence Director shall 
     prescribe regulations for purposes of carrying out this 
     section.
       (g) Report.--(1) Not later than one year after the date of 
     the enactment of this Act, the National Intelligence Director 
     shall submit to the congressional intelligence committees a 
     report on the progress made as of the date of the report in 
     the establishment of the National Intelligence University.
       (2) The report shall include--
       (A) a description of the progress made in the establishment 
     of the University; and
       (B) a proposal for such additional legislative actions, if 
     any, as the Director considers appropriate to further the 
     establishment of the University.
                                 ______
                                 
  SA 3721. Mr. VOINOVICH (for himself and Mr. Lugar) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

      TITLE __--PRESIDENTIAL APPOINTMENTS IMPROVEMENT ACT OF 2004

     SEC. __01. SHORT TITLE.

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

     SEC. __02. PURPOSES.

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

[[Page S9828]]

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

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

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

     ``SEC. 101. PERSONS REQUIRED TO FILE.

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

     ``SEC. 102. CONTENTS OF REPORTS.

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

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

[[Page S9829]]

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

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

[[Page S9830]]

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

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

[[Page S9831]]

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

     ``SEC. 103. FILING OF REPORTS.

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

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

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

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

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

[[Page S9832]]

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

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

     ``SEC. 106. REVIEW OF REPORTS.

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

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

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

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

[[Page S9833]]

     ``SEC. 108. AUTHORITY OF COMPTROLLER GENERAL.

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

     ``SEC. 109. DEFINITIONS.

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

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

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

     ``SEC. 111. ADMINISTRATION OF PROVISIONS.

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

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

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

   ``TITLE II--EXECUTIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS

     ``SEC. 201. PERSONS REQUIRED TO FILE.

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

[[Page S9834]]

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

     ``SEC. 202. CONTENTS OF REPORTS.

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

[[Page S9835]]

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

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

[[Page S9836]]

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

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

[[Page S9837]]

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

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

     ``SEC. 203. FILING OF REPORTS.

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

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

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

[[Page S9838]]

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

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

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

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

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

     ``SEC. 206. REVIEW OF REPORTS.

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

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

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

[[Page S9839]]

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

     ``SEC. 208. AUTHORITY OF COMPTROLLER GENERAL.

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

     ``SEC. 209. DEFINITIONS.

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

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

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

     ``SEC. 211. ADMINISTRATION OF PROVISIONS.

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

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

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

[[Page S9840]]

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

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

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

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

     SEC. __08. EFFECTIVE DATE.

       (a) Amendments to Ethics in Government Act of 1978.--
       (1) In general.--Subject to subsection (b), the amendments 
     made by sections __03 and __04 shall take effect on January 1 
     of the year following the date of enactment of this title.
       (2) Later date.--If the date of enactment of this title is 
     on or after July 1 of any calendar year, the amendments made 
     by sections __03 and __04 shall take effect on July 1 in the 
     year following the date of enactment of this title.
       (b) Other Provisions.--Sections __01, __02, __05, __06, and 
     __07 shall take effect on the date of enactment of this 
     title.
                                 ______
                                 
  SA 3722. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) In General.--The National Intelligence Director shall 
     take appropriate actions to ensure, to the maximum extent 
     practicable, the utilization of United States commercial 
     remote sensing space capabilities to fulfill the imagery and 
     geospatial information requirements of the intelligence 
     community.
       (b) Procedures for Utilization.--The National Intelligence 
     Director may prescribe procedures for the purpose of meeting 
     the requirement in subsection (a).
       (c) Definitions.--In this section, the terms ``imagery'' 
     and ``geospatial information'' have the meanings given such 
     terms in section 467 of title 10, United States Code.
                                 ______
                                 
  SA 3723. Mrs. HUTCHISON (for herself and Ms. Mikulski) submitted an 
amendment intended to be proposed by her to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 94, between lines 17 and 18, insert the following:
       (4) The Director shall establish a national intelligence 
     center under this section to be known as the Center for 
     Alternative Intelligence Analysis. The Center for Alternative 
     Intelligence Analysis shall have the mission specified in 
     subsection (e).
       On page 97, between lines 4 and 5, insert the following:
       (e) Mission of Center for Alternative Intelligence 
     Analysis.--(1) Notwithstanding subsection (d), the mission of 
     the Center for Alternative Intelligence Analysis under 
     subsection (a)(4) shall be to subject each National 
     Intelligence Estimate (NIE), before the completion of such 
     estimate, to a thorough examination of all facts and 
     assumptions utilized in or underlying any analysis, 
     estimation, plan, evaluation, or recommendation contained in 
     such estimate.
       (2)(A) The Center may also subject each document referred 
     to in subparagraph (B), before the completion of such 
     document, to a thorough examination as described in paragraph 
     (1).
       (B) The documents referred to in this subparagraph are as 
     follows:
       (i) A Senior Executive Intelligence Brief (SEIB).
       (ii) An Indications and Warning (I&W) report.
       (iii) Any other intelligence estimate, brief, survey, 
     assessment, or report designated by the National Intelligence 
     Director for purposes of this subsection.
       (3)(A) The purpose of an evaluation of an estimate or 
     document under this subsection shall be to provide an 
     independent analysis of any underlying facts, assumptions, 
     and recommendations contained in such estimate or document 
     and to present alternative conclusions, if any, arising from 
     such facts or assumptions or with respect to such 
     recommendations.
       (B) In order to meet the purpose set forth in subparagraph 
     (A), the Center shall, unless otherwise directed by the 
     President, have access to all analytic products, field 
     reports, and raw intelligence of any element of the 
     intelligence community and such other reports and information 
     as the Director considers appropriate.
       (4) The evaluation of an estimate or document under this 
     subsection shall be known as a ``CAIA analysis'' of such 
     estimate or document.
       (5) The result of each examination of an estimate or 
     document under this subsection shall be submitted to the 
     following:
       (A) The National Intelligence Director.
       (B) The heads of other departments, agencies, and elements 
     of the intelligence community designated by the President or 
     the National Intelligence Director for purposes of this 
     subsection.
       (C) The congressional intelligence committees.
       (6)(A) An examination under this subsection shall accompany 
     each National Intelligence Estimate and any other document, 
     report, assessment, or survey designated by the Director for 
     purposes of this subsection.
       (B) Not later than 180 days after the date of the enactment 
     of this Act, the Director shall submit to the congressional 
     intelligence committees a report on the documents, reports, 
     assessments, and surveys, if any, designated by the Director 
     under subparagraph (A).
       On page 97, line 5, strike ``(e)'' and insert ``(f)''.
       On page 97, line 19, strike ``(f)'' and insert ``(g)''.
       On page 99, line 21, strike ``(g)'' and insert ``(h)''.
       On page 99, line 22, insert ``(other than the Center for 
     Alternative Intelligence Analysis)'' after ``a national 
     intelligence center''.
                                 ______
                                 
  SA 3724. Mr. KYL (for himself, Mr. Cornyn, Mr. Chambliss, and Mr. 
Nickles) submitted an amendment intended to be proposed by him to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

             TITLE IV--TOOLS TO FIGHT TERRORISM ACT OF 2004

     SEC. 401. SHORT TITLE.

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

     Subtitle A--Anti-Terrorism Investigative Tools Improvement Act

     SEC. 411. SHORT TITLE.

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

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

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

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

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

[[Page S9841]]

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

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

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

     SEC. 415. JUDICIALLY ENFORCEABLE SUBPOENAS IN TERRORISM 
                   INVESTIGATIONS.

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

     ``Sec. 2332g. Judicially enforceable terrorism subpoenas

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

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

     SEC. 416. HOAXES RELATING TO TERRORIST OFFENSES.

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

     ``Sec. 1038. False information and hoaxes

       ``(a) Criminal Violation.--
       ``(1) In general.--Whoever engages in any conduct with 
     intent to convey false or misleading information under 
     circumstances where such information may reasonably be 
     believed, and where such information indicates that an 
     activity has taken, is taking, or will take place that would 
     constitute an offense listed under section 2332b(g)(5)(B) of 
     this title--
       ``(A) be fined under this title or imprisoned not more than 
     5 years, or both;
       ``(B) if serious bodily injury (as defined in section 1365 
     of this title, including any conduct that, if the conduct 
     occurred in the special maritime and territorial jurisdiction 
     of the United States, would violate section 2241 or 2242 of 
     this title) results, be fined under this title or imprisoned 
     not more than 25 years, or both; and
       ``(C) if death results, shall be punished by death or 
     imprisoned for any term of years or for life.
       ``(2) Armed forces.--Whoever, without lawful authority, 
     makes a false statement, with intent to convey false or 
     misleading information, about the death, injury, capture, or 
     disappearance of a member of the Armed Forces of the United 
     States during a war or armed conflict in which the United 
     States is engaged, shall--
       ``(A) be fined under this title or imprisoned not more than 
     5 years, or both;
       ``(B) if serious bodily injury (as defined in section 1365 
     of this title, including any conduct that, if the conduct 
     occurred in the special maritime and territorial jurisdiction 
     of the United States, would violate section 2241 or 2242 of 
     this title) results, be fined under this title or imprisoned 
     not more than 25 years, or both; and
       ``(C) if death results, shall be punished by death or 
     imprisoned for any term of years or for life.
       ``(b) Civil Action.--Whoever knowingly engages in any 
     conduct with intent to convey false or misleading information 
     under circumstances where such information may reasonably be 
     believed and where such information indicates that an 
     activity has taken,

[[Page S9842]]

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

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

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

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

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

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

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

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

     SEC. 420. EXPANDED DEATH PENALTY FOR TERRORIST MURDERS.

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

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

       ``(a) Penalty.--A person who, in the course of committing a 
     terrorist offense, engages in conduct that results in the 
     death of a person, shall be punished by death, or imprisoned 
     for any term of years or for life.
       ``(b) Terrorist Offense Defined.--In this section, the term 
     `terrorist offense' means--
       ``(1) international or domestic terrorism as defined in 
     section 2331;
       ``(2) a Federal crime of terrorism as defined in section 
     2332b(g);
       ``(3) an offense under--
       ``(A) this chapter;
       ``(B) section 175, 175b, 229, or 831; or
       ``(C) section 236 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284); or
       ``(4) an attempt or conspiracy to commit an offense 
     described in paragraph (1), (2), or (3).''.
       (b) Chapter Analysis.--The table of sections of chapter 
     113B of title 18, United States Code, is amended by inserting 
     at the end the following:

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

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

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

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

     ``Sec. 2339E. Denial of Federal benefits to terrorists

       ``(a) In General.--Any individual who is convicted of a 
     Federal crime of terrorism (as defined in section 2332b(g)) 
     shall, as provided by the court on motion of the Government, 
     be ineligible for any or all Federal benefits for any term of 
     years or for life.
       ``(b) Federal Benefit Defined.--As used in this section, 
     `Federal benefit' has the meaning given that term in section 
     421(d) of the Controlled Substances Act (21 U.S.C. 
     862(d)).''.
       (b) Chapter Analysis.--The table of sections of chapter 
     113B of title 18, United States Code, is amended by inserting 
     at the end the following:

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

     SEC. 422. UNIFORM STANDARDS FOR INFORMATION SHARING ACROSS 
                   FEDERAL AGENCIES.

       (a) Telephone Records.--Section 2709(d) of title 18, United 
     States Code, is amended by striking ``for foreign'' and all 
     that follows through ``such agency''.
       (b) Consumer Information Under 15 U.S.C. 1681u.--Section 
     625(f) of the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) 
     is amended to read as follows:
       ``(f) Dissemination of Information.--The Federal Bureau of 
     Investigation may disseminate information obtained pursuant 
     to this section only as provided in guidelines approved by 
     the Attorney General.''.
       (c) Consumer Information Under 15 U.S.C. 1681v.--Section 
     626 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is 
     amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Dissemination of Information.--The Federal Bureau of 
     Investigation may disseminate information obtained pursuant 
     to this section only as provided in guidelines approved by 
     the Attorney General.''.
       (d) Financial Records.--Section 1114(a)(5)(B) of the Right 
     to Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended 
     by striking ``for foreign'' and all that follows through 
     ``such agency''.
       (e) Records Concerning Certain Government Employees.--
     Section 802(e) of the National Security Act of 1947 (50 
     U.S.C. 436(e)) is amended--
       (1) by striking ``An agency'' and inserting the following: 
     ``The Federal Bureau of Investigation may disseminate records 
     or information received pursuant to a request under this 
     section only as provided in guidelines approved by the 
     Attorney General. Any other agency''; and
       (2) in paragraph (3), by striking ``clearly''.

     SEC. 423. AUTHORIZATION TO SHARE NATIONAL-SECURITY AND GRAND-
                   JURY INFORMATION WITH STATE AND LOCAL 
                   GOVERNMENTS.

       (a) Information Obtained in National Security 
     Investigations.--Section 203(d) of the USA PATRIOT ACT (50 
     U.S.C. 403-5d) is amended--
       (1) in paragraph (1), by striking ``criminal 
     investigation'' each place it appears and inserting 
     ``criminal or national security investigation''; and

[[Page S9843]]

       (2) by amending paragraph (2) to read as follows:
       ``(2) Definitions.--As used in this subsection--
       ``(A) the term `foreign intelligence information' means--
       ``(i) information, whether or not concerning a United 
     States person, that relates to the ability of the United 
     States to protect against--

       ``(I) actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power;
       ``(II) sabotage or international terrorism by a foreign 
     power or an agent of a foreign power; or
       ``(III) clandestine intelligence activities by an 
     intelligence service or network of a foreign power or by an 
     agent of a foreign power; or

       ``(ii) information, whether or not concerning a United 
     States person, with respect to a foreign power or foreign 
     territory that relates to--

       ``(I) the national defense or the security of the United 
     States; or
       ``(II) the conduct of the foreign affairs of the United 
     States; and

       ``(B) the term `national security investigation'--
       ``(i) means any investigative activity to protect the 
     national security; and
       ``(ii) includes--

       ``(I) counterintelligence and the collection of 
     intelligence (as defined in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 401a)); and
       ``(II) the collection of foreign intelligence 
     information.''.

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

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

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

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

       (2) in paragraph (7), by inserting ``, or of guidelines 
     jointly issued by the Attorney General and Director of 
     Central Intelligence pursuant to Rule 6,'' after ``Rule 6''.
       (c) Conforming Amendment.--Section 203(c) of the USA 
     PATRIOT ACT (18 U.S.C. 2517 note) is amended by striking 
     ``Rule 6(e)(3)(C)(i)(V) and (VI)'' and inserting ``Rule 
     6(e)(3)(D)''.

     SEC. 424. PROVIDING MATERIAL SUPPORT TO TERRORISM.

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

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

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

[[Page S9844]]

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

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

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

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

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

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

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

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

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

       ``(V) is a member of--

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

     SEC. 426. WEAPONS OF MASS DESTRUCTION.

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

[[Page S9845]]

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

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

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

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

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

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

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

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

     SEC. 431. SHORT TITLE.

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

     SEC. 432. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.

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

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

       ``(a) Unlawful Conduct.--
       ``(1) In general.--Except as provided in paragraph (3), it 
     shall be unlawful for any person to knowingly produce, 
     construct, otherwise acquire, transfer directly or 
     indirectly, receive, possess, import, export, or use, or 
     possess and threaten to use--
       ``(A) an explosive or incendiary rocket or missile that is 
     guided by any system designed to enable the rocket or missile 
     to--
       ``(i) seek or proceed toward energy radiated or reflected 
     from an aircraft or toward an image locating an aircraft; or
       ``(ii) otherwise direct or guide the rocket or missile to 
     an aircraft;
       ``(B) any device designed or intended to launch or guide a 
     rocket or missile described in subparagraph (A); or
       ``(C) any part or combination of parts designed or 
     redesigned for use in assembling or fabricating a rocket, 
     missile, or device described in subparagraph (A) or (B).
       ``(2) Nonweapon.--Paragraph (1)(A) does not apply to any 
     device that is neither designed nor redesigned for use as a 
     weapon.
       ``(3) Excluded conduct.--This subsection does not apply 
     with respect to--
       ``(A) conduct by or under the authority of the United 
     States or any department or agency thereof or of a State or 
     any department or agency thereof; or
       ``(B) conduct pursuant to the terms of a contract with the 
     United States or any department or agency thereof or with a 
     State or any department or agency thereof.
       ``(b) Jurisdiction.--Conduct prohibited by subsection (a) 
     is within the jurisdiction of the United States if--
       ``(1) the offense occurs in or affects interstate or 
     foreign commerce;
       ``(2) the offense occurs outside of the United States and 
     is committed by a national of the United States;
       ``(3) the offense is committed against a national of the 
     United States while the national is outside the United 
     States;
       ``(4) the offense is committed against any property that is 
     owned, leased, or used by the United States or by any 
     department or agency of the United States, whether the 
     property is within or outside the United States; or
       ``(5) an offender aids or abets any person over whom 
     jurisdiction exists under this subsection in committing an 
     offense under this section or conspires with any person over 
     whom jurisdiction exists under this subsection to commit an 
     offense under this section.
       ``(c) Criminal Penalties.--
       ``(1) In general.--Any person who violates, or attempts or 
     conspires to violate, subsection (a) shall be fined not more 
     than $2,000,000 and shall be sentenced to a term of 
     imprisonment not less than 30 years or to imprisonment for 
     life.
       ``(2) Life imprisonment.--Any person who, in the course of 
     a violation of subsection (a), uses, attempts or conspires to 
     use, or possesses and threatens to use, any item or items 
     described in subsection (a), shall be fined not more than 
     $2,000,000 and imprisoned for life.
       ``(3) Death penalty.--If the death of another results from 
     a person's violation of subsection (a), the person shall be 
     fined not more than $2,000,000 and punished by death or 
     imprisoned for life.
       ``(d) Definition.--As used in this section, the term 
     `aircraft' has the definition set forth in section 
     40102(a)(6) of title 49, United States Code.''.
       (b) Chapter Analysis.--The table of sections of chapter 
     113B of title 18, United States Code, is amended by inserting 
     at the end the following:

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

     SEC. 433. ATOMIC WEAPONS.

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

     SEC. 434. RADIOLOGICAL DISPERSAL DEVICES.

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

     ``Sec. 2332i. Radiological dispersal devices

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

[[Page S9846]]

     person to knowingly produce, construct, otherwise acquire, 
     transfer directly or indirectly, receive, possess, import, 
     export, or use, or possess and threaten to use--
       ``(A) any weapon that is designed or intended to release 
     radiation or radioactivity at a level dangerous to human 
     life; or
       ``(B) any device or other object that is capable of and 
     designed or intended to endanger human life through the 
     release of radiation or radioactivity.
       ``(2) Exception.--This subsection does not apply with 
     respect to--
       ``(A) conduct by or under the authority of the United 
     States or any department or agency thereof; or
       ``(B) conduct pursuant to the terms of a contract with the 
     United States or any department or agency thereof.
       ``(b) Jurisdiction.--Conduct prohibited by subsection (a) 
     is within the jurisdiction of the United States if--
       ``(1) the offense occurs in or affects interstate or 
     foreign commerce;
       ``(2) the offense occurs outside of the United States and 
     is committed by a national of the United States;
       ``(3) the offense is committed against a national of the 
     United States while the national is outside the United 
     States;
       ``(4) the offense is committed against any property that is 
     owned, leased, or used by the United States or by any 
     department or agency of the United States, whether the 
     property is within or outside the United States; or
       ``(5) an offender aids or abets any person over whom 
     jurisdiction exists under this subsection in committing an 
     offense under this section or conspires with any person over 
     whom jurisdiction exists under this subsection to commit an 
     offense under this section.
       ``(c) Criminal Penalties.--
       ``(1) In general.--Any person who violates, or attempts or 
     conspires to violate, subsection (a) shall be fined not more 
     than $2,000,000 and shall be sentenced to a term of 
     imprisonment not less than 30 years or to imprisonment for 
     life.
       ``(2) Life imprisonment.--Any person who, in the course of 
     a violation of subsection (a), uses, attempts or conspires to 
     use, or possesses and threatens to use, any item or items 
     described in subsection (a), shall be fined not more than 
     $2,000,000 and imprisoned for life.
       ``(3) Death penalty.--If the death of another results from 
     a person's violation of subsection (a), the person shall be 
     fined not more than $2,000,000 and punished by death or 
     imprisoned for life.''.
       (b) Chapter Analysis.--The table of sections of chapter 
     113B of title 18, United States Code, is amended by inserting 
     at the end the following:

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

     SEC. 435. VARIOLA VIRUS.

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

     ``Sec. 175c. Variola virus

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

``175c. Variola virus.''.

     SEC. 436. INTERCEPTION OF COMMUNICATIONS.

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

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

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

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

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

     SEC. 439. EXPORT LICENSING PROCESS.

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

  Subtitle C--Railroad Carriers and Mass Transportation Protection Act

     SEC. 441. SHORT TITLE.

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

     SEC. 442. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER 
                   VESSELS, AND MASS TRANSPORTATION SYSTEMS.

       (a) In General.--Chapter 97 of title 18, United States 
     Code, is amended by striking sections 1992 through 1993 and 
     inserting the following:

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

       ``(a) General Prohibitions.--Whoever, in a circumstance 
     described in subsection (c), knowingly--
       ``(1) wrecks, derails, sets fire to, or disables railroad 
     on-track equipment, a passenger vessel, or a mass 
     transportation vehicle;
       ``(2) with intent to endanger the safety of any passenger 
     or employee of a railroad carrier, passenger vessel, or mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life, and without previously obtaining the 
     permission of the railroad carrier, mass transportation 
     provider, or owner of the passenger vessel--
       ``(A) places any biological agent or toxin, destructive 
     substance, or destructive device in, upon, or near railroad 
     on-track equipment, a passenger vessel, or a mass 
     transportation vehicle; or
       ``(B) releases a hazardous material or a biological agent 
     or toxin on or near the property of a railroad carrier, owner 
     of a passenger vessel, or mass transportation provider;
       ``(3) sets fire to, undermines, makes unworkable, unusable, 
     or hazardous to work on or use, or places any biological 
     agent or toxin, destructive substance, or destructive device 
     in, upon, or near any--
       ``(A) tunnel, bridge, viaduct, trestle, track, 
     electromagnetic guideway, signal, station, depot, warehouse, 
     terminal, or any other way, structure, property, or 
     appurtenance

[[Page S9847]]

     used in the operation of, or in support of the operation of, 
     a railroad carrier, without previously obtaining the 
     permission of the railroad carrier, and with intent to, or 
     knowing or having reason to know such activity would likely, 
     derail, disable, or wreck railroad on-track equipment;
       ``(B) garage, terminal, structure, track, electromagnetic 
     guideway, supply, or facility used in the operation of, or in 
     support of the operation of, a mass transportation vehicle, 
     without previously obtaining the permission of the mass 
     transportation provider, and with intent to, or knowing or 
     having reason to know such activity would likely, derail, 
     disable, or wreck a mass transportation vehicle used, 
     operated, or employed by a mass transportation provider; or
       ``(C) structure, supply, or facility used in the operation 
     of, or in the support of the operation of, a passenger 
     vessel, without previously obtaining the permission of the 
     owner of the passenger vessel, and with intent to, or knowing 
     or having reason to know that such activity would likely 
     disable or wreck a passenger vessel;
       ``(4) removes an appurtenance from, damages, or otherwise 
     impairs the operation of a railroad signal system or mass 
     transportation signal or dispatching system, including a 
     train control system, centralized dispatching system, or 
     highway-railroad grade crossing warning signal, without 
     authorization from the rail carrier or mass transportation 
     provider;
       ``(5) with intent to endanger the safety of any passenger 
     or employee of a railroad carrier, owner of a passenger 
     vessel, or mass transportation provider or with a reckless 
     disregard for the safety of human life, interferes with, 
     disables, or incapacitates any dispatcher, driver, captain, 
     locomotive engineer, railroad conductor, or other person 
     while the person is employed in dispatching, operating, or 
     maintaining railroad on-track equipment, a passenger vessel, 
     or a mass transportation vehicle;
       ``(6) engages in conduct, including the use of a dangerous 
     weapon, with the intent to cause death or serious bodily 
     injury to any person who is on the property of a railroad 
     carrier, owner of a passenger vessel, or mass transportation 
     provider that is used for railroad or mass transportation 
     purposes;
       ``(7) conveys false information, knowing the information to 
     be false, concerning an attempt or alleged attempt that was 
     made, is being made, or is to be made, to engage in a 
     violation of this subsection; or
       ``(8) attempts, threatens, or conspires to engage in any 
     violation of any of paragraphs (1) through (7);
     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Aggravated Offense.--Whoever commits an offense under 
     subsection (a) in a circumstance in which--
       ``(1) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying a passenger or 
     employee at the time of the offense;
       ``(2) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying high-level 
     radioactive waste or spent nuclear fuel at the time of the 
     offense;
       ``(3) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying a hazardous material 
     at the time of the offense that--
       ``(A) was required to be placarded under subpart F of part 
     172 of title 49, Code of Federal Regulations; and
       ``(B) is identified as class number 3, 4, 5, 6.1, or 8 and 
     packing group I or packing group II, or class number 1, 2, or 
     7 under the hazardous materials table of section 172.101 of 
     title 49, Code of Federal Regulations; or
       ``(4) the offense results in the death of any person;

     shall be fined under this title or imprisoned for any term of 
     years or life, or both. In the case of a violation described 
     in paragraph (2), the term of imprisonment shall be not less 
     than 30 years; and, in the case of a violation described in 
     paragraph (4), the offender shall be fined under this title 
     and imprisoned for life and be subject to the death penalty.
       ``(c) Crimes Against Public Safety Officer.--Whoever 
     commits an offense under subsection (a) that results in death 
     or serious bodily injury to a public safety officer while the 
     public safety officer was engaged in the performance of 
     official duties, or on account of the public safety officer's 
     performance of official duties, shall be imprisoned for a 
     term of not less than 20 years and, if death results, shall 
     be imprisoned for life and be subject to the death penalty.
       ``(d) Circumstances Required for Offense.--A circumstance 
     referred to in subsection (a) is any of the following:
       ``(1) Any of the conduct required for the offense is, or, 
     in the case of an attempt, threat, or conspiracy to engage in 
     conduct, the conduct required for the completed offense would 
     be, engaged in, on, against, or affecting a mass 
     transportation provider, owner of a passenger vessel, or 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce.
       ``(2) Any person travels or communicates across a State 
     line in order to commit the offense, or transports materials 
     across a State line in aid of the commission of the offense.
       ``(e) Nonapplicability.--Subsection (a) does not apply to 
     the conduct with respect to a destructive substance or 
     destructive device that is also classified under chapter 51 
     of title 49 as a hazardous material in commerce if the 
     conduct--
       ``(1) complies with chapter 51 of title 49 and regulations, 
     exemptions, approvals, and orders issued under that chapter, 
     or
       ``(2) constitutes a violation, other than a criminal 
     violation, of chapter 51 of title 49 or a regulation or order 
     issued under that chapter.
       ``(f) Definitions.--In this section--
       ``(1) the term `biological agent' has the meaning given to 
     that term in section 178(1);
       ``(2) the term `dangerous weapon' means a weapon, device, 
     instrument, material, or substance, animate or inanimate, 
     that is used for, or is readily capable of, causing death or 
     serious bodily injury, including a pocket knife with a blade 
     of less than 2\1/2\ inches in length and a box cutter;
       ``(3) the term `destructive device' has the meaning given 
     to that term in section 921(a)(4);
       ``(4) the term `destructive substance' means an explosive 
     substance, flammable material, infernal machine, or other 
     chemical, mechanical, or radioactive device or material, or 
     matter of a combustible, contaminative, corrosive, or 
     explosive nature, except that the term `radioactive device' 
     does not include any radioactive device or material used 
     solely for medical, industrial, research, or other peaceful 
     purposes;
       ``(5) the term `hazardous material' has the meaning given 
     to that term in chapter 51 of title 49;
       ``(6) the term `high-level radioactive waste' has the 
     meaning given to that term in section 2(12) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(7) the term `mass transportation' has the meaning given 
     to that term in section 5302(a)(7) of title 49, except that 
     the term includes school bus, charter, and sightseeing 
     transportation;
       ``(8) the term `on-track equipment' means a carriage or 
     other contrivance that runs on rails or electromagnetic 
     guideways;
       ``(9) the term `public safety officer' has the meaning 
     given such term in section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b);
       ``(10) the term `railroad on-track equipment' means a 
     train, locomotive, tender, motor unit, freight or passenger 
     car, or other on-track equipment used, operated, or employed 
     by a railroad carrier;
       ``(11) the term `railroad' has the meaning given to that 
     term in chapter 201 of title 49;
       ``(12) the term `railroad carrier' has the meaning given to 
     that term in chapter 201 of title 49;
       ``(13) the term `serious bodily injury' has the meaning 
     given to that term in section 1365;
       ``(14) the term `spent nuclear fuel' has the meaning given 
     to that term in section 2(23) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101(23));
       ``(15) the term `State' has the meaning given to that term 
     in section 2266;
       ``(16) the term `toxin' has the meaning given to that term 
     in section 178(2);
       ``(17) the term `vehicle' means any carriage or other 
     contrivance used, or capable of being used, as a means of 
     transportation on land, on water, or through the air; and
       ``(18) the term `passenger vessel' has the meaning given 
     that term in section 2101(22) of title 46, United States 
     Code, and includes a small passenger vessel, as that term is 
     defined under section 2101(35) of that title.''.
       (b) Conforming Amendments.--
       (1) Table of sections.--The table of sections at the 
     beginning of chapter 97 of title 18, United States Code, is 
     amended--
       (A) by striking ``RAILROADS'' in the chapter heading and 
     inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS 
     ON LAND, ON WATER, OR THROUGH THE AIR'';
       (B) by striking the items relating to sections 1992 and 
     1993; and
       (C) by inserting after the item relating to section 1991 
     the following:

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

       (2) Table of chapters.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by striking the item relating to chapter 97 and 
     inserting the following:

``97. Railroad carriers and mass transportation systems on land, on 
    water, or through the air...................................1991''.

       (3) Conforming amendments.--Title 18, United States Code, 
     is amended--
       (A) in section 2332b(g)(5)(B)(i), by striking ``1992 
     (relating to wrecking trains), 1993 (relating to terrorist 
     attacks and other acts of violence against mass 
     transportation systems),'' and inserting ``1992 (relating to 
     terrorist attacks and other acts of violence against railroad 
     carriers and against mass transportation systems on land, on 
     water, or through the air),'';
       (B) in section 2339A, by striking ``1993,''; and
       (C) in section 2516(1)(c) by striking ``1992 (relating to 
     wrecking trains),'' and inserting ``1992 (relating to 
     terrorist attacks and other acts of violence against railroad 
     carriers and against mass transportation systems on land, on 
     water, or through the air),''.

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

     SEC. 451. SHORT TITLE.

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

[[Page S9848]]

     SEC. 452. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

       (a) In General.--Section 1036 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) any secure or restricted area (as that term is 
     defined under section 2285(c)) of any seaport; or'';
       (2) in subsection (b)(1), by striking ``5'' and inserting 
     ``10'';
       (3) in subsection (c)(1), by inserting ``, captain of the 
     seaport,'' after ``airport authority''; and
       (4) in the section heading, by inserting ``or seaport'' 
     after ``airport''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18 is amended by striking 
     the matter relating to section 1036 and inserting the 
     following:

``1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport or seaport.''.

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

     ``Sec. 26. Definition of seaport

       ``As used in this title, the term `seaport' means all 
     piers, wharves, docks, and similar structures to which a 
     vessel may be secured, areas of land, water, or land and 
     water under and in immediate proximity to such structures, 
     and buildings on or contiguous to such structures, and the 
     equipment and materials on such structures or in such 
     buildings.''.
       (d) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 18 is amended by inserting 
     after the matter relating to section 25 the following:

``26. Definition of seaport.''.

     SEC. 453. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, 
                   OBSTRUCTION OF BOARDING, OR PROVIDING FALSE 
                   INFORMATION.

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

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

       ``(a)(1) It shall be unlawful for the master, operator, or 
     person in charge of a vessel of the United States, or a 
     vessel subject to the jurisdiction of the United States, to 
     knowingly fail to obey an order by an authorized Federal law 
     enforcement officer to heave to that vessel.
       ``(2) It shall be unlawful for any person on board a vessel 
     of the United States, or a vessel subject to the jurisdiction 
     of the United States, to--
       ``(A) forcibly resist, oppose, prevent, impede, intimidate, 
     or interfere with a boarding or other law enforcement action 
     authorized by any Federal law, or to resist a lawful arrest; 
     or
       ``(B) provide information to a Federal law enforcement 
     officer during a boarding of a vessel regarding the vessel's 
     destination, origin, ownership, registration, nationality, 
     cargo, or crew, which that person knows is false.
       ``(b) This section does not limit the authority of a 
     customs officer under section 581 of the Tariff Act of 1930 
     (19 U.S.C. 1581), or any other provision of law enforced or 
     administered by the Secretary of the Treasury or the 
     Undersecretary for Border and Transportation Security of the 
     Department of Homeland Security, or the authority of any 
     Federal law enforcement officer under any law of the United 
     States, to order a vessel to stop or heave to.
       ``(c) A foreign nation may consent or waive objection to 
     the enforcement of United States law by the United States 
     under this section by radio, telephone, or similar oral or 
     electronic means. Consent or waiver may be proven by 
     certification of the Secretary of State or the designee of 
     the Secretary of State.
       ``(d) In this section--
       ``(1) the term `Federal law enforcement officer' has the 
     meaning given the term in section 115(c);
       ``(2) the term `heave to' means to cause a vessel to slow, 
     come to a stop, or adjust its course or speed to account for 
     the weather conditions and sea state to facilitate a law 
     enforcement boarding;
       ``(3) the term `vessel subject to the jurisdiction of the 
     United States' has the meaning given the term in section 2(c) 
     of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 
     1903(b)); and
       ``(4) the term `vessel of the United States' has the 
     meaning given the term in section 2(c) of the Maritime Drug 
     Law Enforcement Act (46 App. U.S.C. 1903(b)).
       ``(e) Any person who intentionally violates the provisions 
     of this section shall be fined under this title, imprisoned 
     for not more than 5 years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 109, title 18, United States Code, is 
     amended by inserting after the item for section 2236 the 
     following:

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

     SEC. 454. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME 
                   NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES, 
                   AND MALICIOUS DUMPING.

       (a) Violence Against Maritime Navigation.--Section 2280(a) 
     of title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (H), by striking ``(G)'' and inserting 
     ``(H)'';
       (B) by redesignating subparagraphs (F), (G), and (H) as 
     subparagraphs (G), (H), and (I), respectively; and
       (C) by inserting after subparagraph (E) the following:
       ``(F) destroys, seriously damages, alters, moves, or 
     tampers with any aid to maritime navigation maintained by the 
     Saint Lawrence Seaway Development Corporation under the 
     authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 
     984), by the Coast Guard pursuant to section 81 of title 14, 
     United States Code, or lawfully maintained under authority 
     granted by the Coast Guard pursuant to section 83 of title 
     14, United States Code, if such act endangers or is likely to 
     endanger the safe navigation of a ship;''; and
       (2) in paragraph (2) by striking ``(C) or (E)'' and 
     inserting ``(C), (E), or (F)''.
       (b) Placement of Destructive Devices.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2280 the following:

     ``Sec. 2280A. Devices or substances in waters of the United 
       States likely to destroy or damage ships or to interfere 
       with maritime commerce

       ``(a) A person who knowingly places, or causes to be 
     placed, in navigable waters of the United States, by any 
     means, a device or substance which is likely to destroy or 
     cause damage to a vessel or its cargo, or cause interference 
     with the safe navigation of vessels, or interference with 
     maritime commerce, such as by damaging or destroying marine 
     terminals, facilities, and any other marine structure or 
     entity used in maritime commerce, with the intent of causing 
     such destruction or damage, or interference with the safe 
     navigation of vessels or with maritime commerce, shall be 
     fined under this title, imprisoned for any term of years or 
     for life, or both; and if the death of any person results 
     from conduct prohibited under this subsection, may be 
     punished by death.
       ``(b) Nothing in this section shall be construed to apply 
     to otherwise lawfully authorized and conducted activities of 
     the United States Government.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by adding after the item related to section 2280 the 
     following:

``2280A. Devices or substances in waters of the United States likely to 
              destroy or damage ships or to interfere with maritime 
              commerce.''.

       (c) Malicious Dumping.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2282. Knowing discharge or release

       ``(a) Endangerment of Human Life.--Any person who knowingly 
     discharges or releases oil, a hazardous material, a noxious 
     liquid substance, or any other dangerous substance into the 
     navigable waters of the United States or the adjoining 
     shoreline with the intent to endanger human life, health, or 
     welfare shall be fined under this title and imprisoned for 
     any term of years or for life.
       ``(b) Endangerment of Marine Environment.--Any person who 
     knowingly discharges or releases oil, a hazardous material, a 
     noxious liquid substance, or any other dangerous substance 
     into the navigable waters of the United States or the 
     adjacent shoreline with the intent to endanger the marine 
     environment shall be fined under this title, imprisoned not 
     more than 30 years, or both.
       ``(c) Definitions.--In this section:
       ``(1) Discharge.--The term `discharge' means any spilling, 
     leaking, pumping, pouring, emitting, emptying, or dumping.
       ``(2) Hazardous material.--The term `hazardous material' 
     has the meaning given the term in section 2101(14) of title 
     46, United States Code.
       ``(3) Marine environment.--The term `marine environment' 
     has the meaning given the term in section 2101(15) of title 
     46, United States Code.
       ``(4) Navigable waters.--The term `navigable waters' has 
     the meaning given the term in section 1362(7) of title 33, 
     and also includes the territorial sea of the United States as 
     described in Presidential Proclamation 5928 of December 27, 
     1988.
       ``(5) Noxious liquid substance.--The term `noxious liquid 
     substance' has the meaning given the term in the MARPOL 
     Protocol defined in section 2(1) of the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901(a)(3)).''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by adding at the end the following:

``2282. Knowing discharge or release.''.

     SEC. 455. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

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

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

       ``(a) In General.--Any person who knowingly and willfully 
     transports aboard any

[[Page S9849]]

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

     ``Sec. 2284. Transportation of terrorists

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

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

     SEC. 456. DESTRUCTION OR INTERFERENCE WITH VESSELS OR 
                   MARITIME FACILITIES.

       (a) In General.--Part 1 of title 18, United States Code, is 
     amended by inserting after chapter 111 the following:

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

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

     ``Sec. 2290. Jurisdiction and scope

       ``(a) Jurisdiction.--There is jurisdiction over an offense 
     under this chapter if the prohibited activity takes place--
       ``(1) within the United States or within waters subject to 
     the jurisdiction of the United States; or
       ``(2) outside United States and--
       ``(A) an offender or a victim is a national of the United 
     States (as that term is defined under section 101(a)(22) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
       ``(B) the activity involves a vessel in which a national of 
     the United States was on board; or
       ``(C) the activity involves a vessel of the United States 
     (as that term is defined under section 2(c) of the Maritime 
     Drug Law Enforcement Act (42 App. U.S.C. 1903(c)).
       ``(b) Scope.--Nothing in this chapter shall apply to 
     otherwise lawful activities carried out by or at the 
     direction of the United States Government.

     ``Sec. 2291. Destruction of vessel or maritime facility

       ``(a) Offense.--Whoever willfully--
       ``(1) sets fire to, damages, destroys, disables, or wrecks 
     any vessel;
       ``(2) places or causes to be placed a destructive device, 
     as defined in section 921(a)(4), or destructive substance, as 
     defined in section 13, in, upon, or in proximity to, or 
     otherwise makes or causes to be made unworkable or unusable 
     or hazardous to work or use, any vessel, or any part or 
     other materials used or intended to be used in connection 
     with the operation of a vessel;
       ``(3) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or in 
     proximity to, any maritime facility, including but not 
     limited to, any aid to navigation, lock, canal, or vessel 
     traffic service facility or equipment, or interferes by force 
     or violence with the operation of such facility, if such 
     action is likely to endanger the safety of any vessel in 
     navigation;
       ``(4) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or in 
     proximity to, any appliance, structure, property, machine, or 
     apparatus, or any facility or other material used, or 
     intended to be used, in connection with the operation, 
     maintenance, loading, unloading, or storage of any vessel or 
     any passenger or cargo carried or intended to be carried on 
     any vessel;
       ``(5) performs an act of violence against or incapacitates 
     any individual on any vessel, if such act of violence or 
     incapacitation is likely to endanger the safety of the vessel 
     or those on board;
       ``(6) performs an act of violence against a person that 
     causes or is likely to cause serious bodily injury, as 
     defined in section 1365, in, upon, or in proximity to, any 
     appliance, structure, property, machine, or apparatus, or any 
     facility or other material used, or intended to be used, in 
     connection with the operation, maintenance, loading, 
     unloading, or storage of any vessel or any passenger or cargo 
     carried or intended to be carried on any vessel;
       ``(7) communicates information, knowing the information to 
     be false and under circumstances in which such information 
     may reasonably be believed, thereby endangering the safety of 
     any vessel in navigation; or
       ``(8) attempts or conspires to do anything prohibited under 
     paragraphs (1) through (7):
     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Limitation.--Subsection (a) shall not apply to any 
     person that is engaging in otherwise lawful activity, such as 
     normal repair and salvage activities, and the lawful 
     transportation of hazardous materials.
       ``(c) Penalty.--Whoever is fined or imprisoned under 
     subsection (a) as a result of an act involving a vessel that, 
     at the time of the violation, carried high-level radioactive 
     waste (as that term is defined in section 2(12) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or 
     spent nuclear fuel (as that term is defined in section 2(23) 
     of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101(23)), shall be fined under title 18, imprisoned for a 
     term up to life, or both.
       ``(d) Penalty When Death Results.--Whoever is convicted of 
     any crime prohibited by subsection (a), which has resulted in 
     the death of any person, shall be subject also to the death 
     penalty or to imprisonment for life.
       ``(e) Threats.--Whoever willfully imparts or conveys any 
     threat to do an act which would violate this chapter, with an 
     apparent determination and will to carry the threat into 
     execution, shall be fined under this title, imprisoned not 
     more than 5 years, or both, and is liable for all costs 
     incurred as a result of such threat.

     ``Sec. 2292. Imparting or conveying false information

       ``(a) In General.--Whoever imparts or conveys or causes to 
     be imparted or conveyed false information, knowing the 
     information to be false, concerning an attempt or alleged 
     attempt being made or to be made, to do any act which would 
     be a crime prohibited by this chapter or by chapter 111 of 
     this title, shall be subject to a civil penalty of not more 
     than $5,000, which shall be recoverable in a civil action 
     brought in the name of the United States.
       ``(b) Malicious Conduct.--Whoever willfully and 
     maliciously, or with reckless disregard for the safety of 
     human life, imparts or conveys or causes to be imparted or 
     conveyed false information, knowing the information to be 
     false, concerning an attempt or alleged attempt to do any act 
     which would be a crime prohibited by this chapter or by 
     chapter 111 of this title, shall be fined under this title, 
     imprisoned not more than 5 years, or both.
       ``(c) Jurisdiction.--
       ``(1) In general.--Except as provided under paragraph (2), 
     section 2290(a) shall not apply to any offense under this 
     section.
       ``(2) Jurisdiction.--Jurisdiction over an offense under 
     this section shall be determined in accordance with the 
     provisions applicable to the crime prohibited by this 
     chapter, or by chapter 2, 97, or 111 of this title, to which 
     the imparted or conveyed false information relates, as 
     applicable.

     ``Sec. 2293. Bar to prosecution

       ``(a) In General.--It is a bar to prosecution under this 
     chapter if--
       ``(1) the conduct in question occurred within the United 
     States in relation to a labor dispute, and such conduct is 
     prohibited as a felony under the law of the State in which it 
     was committed; or
       ``(2) such conduct is prohibited as a misdemeanor under the 
     law of the State in which it was committed.
       ``(b) Definitions.--In this section:
       ``(1) Labor dispute.--The term `labor dispute' has the same 
     meaning given that term in section 113(c) of the Norris-
     LaGuardia Act (29 U.S.C. 113(c)).
       ``(2) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters at the beginning of title 18, United States Code, is 
     amended by inserting after the item for chapter 111 the 
     following:

``111A. Destruction of, or interference with, vessels or maritime 
    facilities..................................................2290''.

[[Page S9850]]

     SEC. 457. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR 
                   VESSELS.

       (a) Theft of Interstate or Foreign Shipments.--Section 659 
     of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph--
       (A) by inserting ``trailer,'' after ``motortruck,'';
       (B) by inserting ``air cargo container,'' after 
     ``aircraft,''; and
       (C) by inserting ``, or from any intermodal container, 
     trailer, container freight station, warehouse, or freight 
     consolidation facility,'' after ``air navigation facility'';
       (2) in the fifth undesignated paragraph, by striking ``one 
     year'' and inserting ``3 years''; and
       (3) by inserting after the first sentence in the eighth 
     undesignated paragraph the following: ``For purposes of this 
     section, goods and chattel shall be construed to be moving as 
     an interstate or foreign shipment at all points between the 
     point of origin and the final destination (as evidenced by 
     the waybill or other shipping document of the shipment), 
     regardless of any temporary stop while awaiting transhipment 
     or otherwise.''.
       (b) Stolen Vessels.--
       (1) In general.--Section 2311 of title 18, United States 
     Code, is amended by adding at the end the following:
       `` `Vessel' means any watercraft or other contrivance used 
     or designed for transportation or navigation on, under, or 
     immediately above, water.''.
       (2) Transportation and sale of stolen vessels.--Sections 
     2312 and 2313 of title 18, United States Code, are each 
     amended by striking ``motor vehicle or aircraft'' and 
     inserting ``motor vehicle, vessel, or aircraft''.
       (c) Review of Sentencing Guidelines.--Pursuant to section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review the Federal Sentencing 
     Guidelines to determine whether sentencing enhancement is 
     appropriate for any offense under section 659 or 2311 of 
     title 18, United States Code, as amended by this Act.
       (d) Annual Report of Law Enforcement Activities.--The 
     Attorney General shall annually submit to Congress a report, 
     which shall include an evaluation of law enforcement 
     activities relating to the investigation and prosecution of 
     offenses under section 659 of title 18, United States Code, 
     as amended by this Act.
       (e) Reporting of Cargo Theft.--The Attorney General shall 
     take the steps necessary to ensure that reports of cargo 
     theft collected by Federal, State, and local officials are 
     reflected as a separate category in the Uniform Crime 
     Reporting System, or any successor system, by no later than 
     December 31, 2005.

     SEC. 458. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST 
                   REQUIREMENTS.

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

     SEC. 459. STOWAWAYS ON VESSELS OR AIRCRAFT.

       Section 2199 of title 18, United States Code, is amended by 
     striking ``Shall be fined under this title or imprisoned not 
     more than one year, or both.'' and inserting the following:
       ``(1) shall be fined under this title, imprisoned not more 
     than 5 years, or both;
       ``(2) if the person commits an act proscribed by this 
     section, with the intent to commit serious bodily injury, and 
     serious bodily injury occurs (as defined under section 1365, 
     including any conduct that, if the conduct occurred in the 
     special maritime and territorial jurisdiction of the United 
     States, would violate section 2241 or 2242) to any person 
     other than a participant as a result of a violation of this 
     section, shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(3) if an individual commits an act proscribed by this 
     section, with the intent to cause death, and if the death of 
     any person other than a participant occurs as a result of a 
     violation of this section, shall be fined under this title, 
     imprisoned for any number of years or for life, or both.''.

     SEC. 460. BRIBERY AFFECTING PORT SECURITY.

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

     ``Sec. 226. Bribery affecting port security

       ``(a) In General.--Whoever knowingly--
       ``(1) directly or indirectly, corruptly gives, offers, or 
     promises anything of value to any public or private person, 
     with intent--
       ``(A) to commit international or domestic terrorism (as 
     that term is defined under section 2331);
       ``(B) to influence any action or any person to commit or 
     aid in committing, or collude in, or allow, any fraud, or 
     make opportunity for the commission of any fraud affecting 
     any secure or restricted area or seaport; or
       ``(C) to induce any official or person to do or omit to do 
     any act in violation of the fiduciary duty of such official 
     or person which affects any secure or restricted area or 
     seaport; or
       ``(2) directly or indirectly, corruptly demands, seeks, 
     receives, accepts, or agrees to receive or accept anything of 
     value personally or for any other person or entity in return 
     for--
       ``(A) being influenced in the performance of any official 
     act affecting any secure or restricted area or seaport; and
       ``(B) knowing that such influence will be used to commit, 
     or plan to commit, international or domestic terrorism;

     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Definition.--In this section, the term `secure or 
     restricted area' has the meaning given that term in section 
     2285(c).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 11 of title 18, United States Code, is 
     amended by adding at the end the following:

``226. Bribery affecting port security.''.

   Subtitle E--Combating Money Laundering and Terrorist Financing Act

     SEC. 471. SHORT TITLE.

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

     SEC. 472. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.

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

     SEC. 473. ILLEGAL MONEY TRANSMITTING BUSINESSES.

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

[[Page S9851]]

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

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

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

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

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

     SEC. 476. FINANCING OF TERRORISM.

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

     SEC. 477. MISCELLANEOUS AND TECHNICAL AMENDMENTS.

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

                       Subtitle F--Effective Date

     SEC. 481. EFFECTIVE DATE.

       Notwithstanding section 341, this title shall take effect 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 3725. Mr. INHOFE (for himself and Mr. Jeffords) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       In section 406 of the amendment, redesignate subsections 
     (i) and (j) as subsections (j) and (k), respectively.
       In section 406 of the amendment, insert after subsection 
     (h) the following:
       (i) Participation of under secretary for emergency 
     preparedness and response.--
       (1) Participation.--The Under Secretary for Emergency 
     Preparedness and Response shall participate in the 
     grantmaking process for the Threat-Based Homeland Security 
     Grant Program for nonlaw enforcement-related grants in order 
     to ensure that preparedness grants where appropriate, are 
     consistent, and are not in conflict, with the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Reports.--The Under Secretary for Emergency 
     Preparedness and Response shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an annual report that describes--
       (A) the status of the Threat-Based Homeland Security Grant 
     Program; and
       (B) the impact of that program on programs authorized under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
                                 ______
                                 
  SA 3726. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S9852]]

     policy guidelines and technologies that support writing 
     information that can be broadly shared;
       (H) providing directory services for locating people and 
     information;
       (I) incorporating protections for individuals' privacy and 
     civil liberties;
       (J) incorporating strong mechanisms for information 
     security and privacy and civil liberties guideline 
     enforcement in order to enhance accountability and facilitate 
     oversight, including--
       (i) multifactor authentication and access control;
       (ii) strong encryption and data protection;
       (iii) immutable audit capabilities;
       (iv) automated policy enforcement;
       (v) perpetual, automated screening for abuses of network 
     and intrusions; and
       (vi) uniform classification and handling procedures;
       (K) compliance with requirements of applicable law and 
     guidance with regard to the planning, design, acquisition, 
     operation, and management of information systems; and
       (L) permitting continuous system upgrades to benefit from 
     advances in technology while preserving the integrity of 
     stored data.
       (d) Immediate Actions.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the Executive 
     Council, shall--
       (1) submit to the President and to Congress a description 
     of the technological, legal, and policy issues presented by 
     the creation of the Network described in subsection (c), and 
     the way in which these issues will be addressed;
       (2) establish electronic directory services to assist in 
     locating in the Federal Government intelligence and homeland 
     security information and people with relevant knowledge about 
     intelligence and homeland security information; and
       (3) conduct a review of relevant current Federal agency 
     capabilities, including--
       (A) a baseline inventory of current Federal systems that 
     contain intelligence or homeland security information;
       (B) the money currently spent to maintain those systems; 
     and
       (C) identification of other information that should be 
     included in the Network.
       (e) Guidelines and Requirements.--As soon as possible, but 
     in no event later than 180 days after the date of the 
     enactment of this Act, the President shall--
       (1) in consultation with the Executive Council--
       (A) issue guidelines for acquiring, accessing, sharing, and 
     using information, including guidelines to ensure that 
     information is provided in its most shareable form, such as 
     by separating out data from the sources and methods by which 
     that data are obtained; and
       (B) on classification policy and handling procedures across 
     Federal agencies, including commonly accepted processing and 
     access controls;
       (2) in consultation with the Privacy and Civil Liberties 
     Oversight Board established under section 211, issue 
     guidelines that--
       (A) protect privacy and civil liberties in the development 
     and use of the Network; and
       (B) shall be made public, unless, and only to the extent 
     that, nondisclosure is clearly necessary to protect national 
     security; and
       (3) require the heads of Federal departments and agencies 
     to promote a culture of information sharing by--
       (A) reducing disincentives to information sharing, 
     including overclassification of information and unnecessary 
     requirements for originator approval; and
       (B) providing affirmative incentives for information 
     sharing, such as the incorporation of information sharing 
     performance measures into agency and managerial evaluations, 
     and employee awards for promoting innovative information 
     sharing practices.
       (f) Enterprise Architecture and Implementation Plan.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Director of Management and Budget shall submit to 
     the President and to Congress an enterprise architecture and 
     implementation plan for the Network. The enterprise 
     architecture and implementation plan shall be prepared by the 
     Director of Management and Budget, in consultation with the 
     Executive Council, and shall include--
       (1) a description of the parameters of the proposed 
     Network, including functions, capabilities, and resources;
       (2) a delineation of the roles of the Federal departments 
     and agencies that will participate in the development of the 
     Network, including identification of any agency that will 
     build the infrastructure needed to operate and manage the 
     Network (as distinct from the individual agency components 
     that are to be part of the Network), with the delineation of 
     roles to be consistent with--
       (A) the authority of the National Intelligence Director 
     under this Act to set standards for information sharing and 
     information technology throughout the intelligence community; 
     and
       (B) the authority of the Secretary of Homeland Security and 
     the role of the Department of Homeland Security in 
     coordinating with State, tribal, and local officials and the 
     private sector;
       (3) a description of the technological requirements to 
     appropriately link and enhance existing networks and a 
     description of the system design that will meet these 
     requirements;
       (4) an enterprise architecture that--
       (A) is consistent with applicable laws and guidance with 
     regard to planning, design, acquisition, operation, and 
     management of information systems;
       (B) will be used to guide and define the development and 
     implementation of the Network; and
       (C) addresses the existing and planned enterprise 
     architectures of the departments and agencies participating 
     in the Network;
       (5) a description of how privacy and civil liberties will 
     be protected throughout the design and implementation of the 
     Network;
       (6) objective, systemwide performance measures to enable 
     the assessment of progress toward achieving full 
     implementation of the Network;
       (7) a plan, including a time line, for the development and 
     phased implementation of the Network;
       (8) total budget requirements to develop and implement the 
     Network, including the estimated annual cost for each of the 
     5 years following the date of the enactment of this Act;
       (9) an estimate of training requirements needed to ensure 
     that the Network will be adequately implemented and property 
     utilized;
       (10) an analysis of the cost to State, tribal, and local 
     governments and private sector entities for equipment and 
     training needed to effectively utilize the Network; and
       (11) proposals for any legislation that the Director of 
     Management and Budget determines necessary to implement the 
     Network.
                                 ______
                                 
  SA 3727. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

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

       Chapter 113 of title 40, United States Code, is amended--
       (1) in section 11302(b), by inserting ``security,'' after 
     ``use,'';
       (2) in section 11302(c), by inserting ``, including 
     information security risks,'' after ``risks'' both places it 
     appears;
       (3) in section 11312(b)(1), by striking ``information 
     technology investments'' and inserting ``investments in 
     information technology (including information security 
     needs)''; and
       (4) in section 11315(b)(2), by inserting ``, secure,'' 
     after ``sound''.
                                 ______
                                 
  SA 3728. Mr. BROWNBACK (for himself and Mr. Bayh) proposed an 
amendment to the bill H.R. 4011, to promote human rights and freedom in 
the Democratic People's Republic of Korea, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

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

               TITLE II--ASSISTING NORTH KOREANS IN NEED

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

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

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

     SEC. 3. FINDINGS.

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

[[Page S9853]]

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

     SEC. 4. PURPOSES.

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

     SEC. 5. DEFINITIONS.

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

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

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

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

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

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

     SEC. 103. RADIO BROADCASTING TO NORTH KOREA.

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

     SEC. 104. ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

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

[[Page S9854]]

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

     SEC. 105. UNITED NATIONS COMMISSION ON HUMAN RIGHTS.

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

     SEC. 106. ESTABLISHMENT OF REGIONAL FRAMEWORK.

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

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

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

               TITLE II--ASSISTING NORTH KOREANS IN NEED

     SEC. 201. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

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

     SEC. 202. ASSISTANCE PROVIDED INSIDE NORTH KOREA.

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

     SEC. 203. ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.

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

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

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

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

[[Page S9855]]

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

     SEC. 302. ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.

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

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

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

     SEC. 304. UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

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

     SEC. 305. ANNUAL REPORTS.

       (a) Immigration Information.--Not later than 1 year after 
     the date of the enactment of this Act, and every 12 months 
     thereafter for each of the following 5 years, the Secretary 
     of State and the Secretary of Homeland Security shall submit 
     a joint report to the appropriate congressional committees 
     and the Committees on the Judiciary of the House of 
     Representatives and the Senate on the operation of this title 
     during the previous year, which shall include--
       (1) the number of aliens who are nationals or citizens of 
     North Korea who applied for political asylum and the number 
     who were granted political asylum; and
       (2) the number of aliens who are nationals or citizens of 
     North Korea who applied for refugee status and the number who 
     were granted refugee status.
       (b) Countries of Particular Concern.--The President shall 
     include in each annual report on proposed refugee admission 
     pursuant to section 207(d) of the Immigration and Nationality 
     Act (8 U.S.C. 1157(d)), information about specific measures 
     taken to facilitate access to the United States refugee 
     program for individuals who have fled countries of particular 
     concern for violations of religious freedom, identified 
     pursuant to section 402(b) of the International Religious 
     Freedom Act of 1998 (22 U.S.C. 6442(b)). The report shall 
     include, for each country of particular concern, a 
     description of access of the nationals or former habitual 
     residents of that country to a refugee determination on the 
     basis of--
       (1) referrals by external agencies to a refugee 
     adjudication;
       (2) groups deemed to be of special humanitarian concern to 
     the United States for purposes of refugee resettlement; and
       (3) family links to the United States.
                                 ______
                                 
  SA 3729. Mr. FRIST (for Mr. Hatch (for himself and Mr. Leahy)) 
submitted an amendment intended to be proposed by Mr. Frist to the bill 
S. 2742, to extend certain authority of the Supreme Court Police, 
modify the venue of prosecutions relating to the Supreme Court building 
and grounds, and authorize the acceptance of gifts to the United States 
Supreme Court; as follows:

       On page 2, lines 22 and 23, strike ``for the purpose of 
     aiding or facilitating the work of the United States Supreme 
     Court,'' and insert ``pertaining to the history of the United 
     States Supreme Court or its justices,''.
                                 ______
                                 
  SA 3730. Mr. KYL (for himself, Mr. Domenici, and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill S. 
437, to provide for adjustments to the Central Arizona Project in 
Arizona, to authorize the Gila River Indian Community water rights 
settlement, to reauthorize and amend the Southern Arizona Water Rights 
Settlement Act of 1982, and for other purposes; which was ordered to 
lie on the table; as follows:

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

Sec. 403. Authorization of appropriations. 

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

[[Page S9856]]

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

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

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

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

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

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

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

     SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

       (a) San Carlos Apache Tribe.--There is authorized to be 
     appropriated to assist the San Carlos Apache Tribe in 
     completing comprehensive water resources negotiations leading 
     to a comprehensive Gila River water settlement for the Tribe, 
     including soil and water technical analyses, legal, 
     paralegal, and other related efforts, $150,000 for fiscal 
     year 2006.
       (b) White Mountain Apache Tribe.--There is authorized to be 
     appropriated to assist the White Mountain Apache Tribe in 
     completing comprehensive water resources negotiations leading 
     to a comprehensive water settlement for the Tribe, including 
     soil and water technical analyses, legal, paralegal, and 
     other related efforts, $150,000 for fiscal year 2006.
       (c) Other Arizona Indian Tribes.--There is authorized to be 
     appropriated to the Secretary to assist Arizona Indian tribes 
     (other than those specified in subsections (a) and (b)) in 
     completing comprehensive water resources negotiations leading 
     to a comprehensive water settlement for the Arizona Indian 
     tribes, including soil and water technical analyses, legal, 
     paralegal, and other related efforts, $300,000 for fiscal 
     year 2006.
       (d) No Limitation on Other Funding.--Amounts made available 
     under subsections (a), (b), and (c) shall not limit, and 
     shall be in addition to, other amounts available for Arizona 
     tribal water rights negotiations leading to comprehensive 
     water settlements.
                                 ______
                                 
  SA 3731. Ms. COLLINS (for Mr. Inhofe (for himself and Mr. Jeffords)) 
proposed an amendment to amendment SA 3705 proposed by Ms. Collins (for 
herself, Mr. Carper, and Mr.

[[Page S9857]]

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

       In section 406 of the amendment, redesignate subsections 
     (i) and (j) as subsections (j) and (k), respectively.
       In section 406 of the amendment, insert after subsection 
     (h) the following:
       (i) Participation of under secretary for emergency 
     preparedness and response.--
       (1) Participation.--The Under Secretary for Emergency 
     Preparedness and Response shall participate in the 
     grantmaking process for the Threat-Based Homeland Security 
     Grant Program for nonlaw enforcement-related grants in order 
     to ensure that preparedness grants where appropriate, are 
     consistent, and are not in conflict, with the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).
       (2) Reports.--The Under Secretary for Emergency 
     Preparedness and Response shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives an annual report that describes--
       (A) the status of the Threat-Based Homeland Security Grant 
     Program; and
       (B) the impact of that program on programs authorized under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
                                 ______
                                 
  SA 3732. Ms. COLLINS (for Mr. Levin (for himself and Ms. Collins)) 
proposed an amendment to amendment SA 3705 proposed by Ms. Collins (for 
herself, Mr. Carper, and Mr. Lieberman) to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; as follows:

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

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

       (a) Defined Term.--In this section, the term ``municipal 
     solid waste'' includes sludge (as defined in section 1004 of 
     the Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Bureau of Customs and 
     Border Protection of the Department of Homeland Security 
     shall submit a report to Congress that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for such 
     materials in other items of commerce entering into the United 
     States by commercial motor vehicle transport; and
       (2) if the methodologies and technologies used to screen 
     solid waste are less effective than those used to screen 
     other commercial items, identifies the actions that the 
     Bureau will take to achieve the same level of effectiveness 
     in the screening of solid waste, including the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the Bureau of 
     Customs and Border Protection fails to fully implement the 
     actions described in subsection (b)(2) before the earlier of 
     6 months after the date on which the report is due under 
     subsection (b) or 6 months after the date on which such 
     report is submitted, the Secretary of Homeland Security shall 
     deny entry into the United States of any commercial motor 
     vehicle (as defined in section 31101(1) of title 49, United 
     States Code) carrying municipal solid waste until the 
     Secretary certifies to Congress that the methodologies and 
     technologies used by the Bureau to screen for and detect the 
     presence of chemical, nuclear, biological, and radiological 
     weapons in such waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for such 
     materials in other items of commerce entering into the United 
     States by commercial motor vehicle transport.
       (d) Effective Date.--Notwithstanding section 341, this 
     section shall take effect on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3733. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 213. UTILIZATION OF COMMERCIAL AND OTHER DATABASES.

       (a) Limitation.--(1) Notwithstanding any other provision of 
     law, no element of the intelligence community may conduct a 
     search or other analysis for national security or 
     intelligence purposes of a database based solely on a 
     hypothetical scenario or hypothetical supposition of who may 
     pose a threat to national security.
       (2) The limitation in paragraph (1) shall not be construed 
     to endorse or allow any other activity that involves use or 
     access of databases referred to in subsection (b)(2)(A).
       (b) Report on Use of Databases.--(1) The National 
     Intelligence Director shall prepare, submit to the 
     appropriate committees of Congress, and make available to the 
     public a report, in writing, containing a detailed 
     description of any use by any element of the intelligence 
     community of any database that was obtained from or remain 
     under the control of a non-Federal entity, or that contain 
     information that was acquired initially by another 
     department, agency, or element of the United States 
     Government for purposes other than national security or 
     intelligence purposes, regardless of whether any compensation 
     was paid for such database.
       (2) The report under paragraph (1) shall include--
       (A) a list of all contracts, memoranda of understanding, or 
     other agreements entered into by element of the intelligence 
     community for the use of, access to, or analysis of any 
     database that was obtained from or remain under the control 
     of a non-Federal entity, or that contain information that was 
     acquired initially by another department, agency, or element 
     of the United States Government for purposes other than 
     national security or intelligence purposes;
       (B) the duration and dollar amount of such contracts;
       (C) the types of data contained in each database referred 
     to in subparagraph (A);
       (D) the purposes for which each such database is used, 
     analyzed, or accessed;
       (E) the extent to which each such database is used, 
     analyzed, or accessed;
       (F) the extent to which information from each such database 
     is retained by any element of the intelligence community, 
     including how long the information is retained and for what 
     purpose;
       (G) a thorough description, in unclassified form, of any 
     methodologies being used or developed by the element of the 
     intelligence community concerned, to search, access, or 
     analyze any such database;
       (H) an assessment of the likely efficacy of such 
     methodologies in identifying or locating criminals, 
     terrorists, or terrorist groups, and in providing practically 
     valuable predictive assessments of the plans, intentions, or 
     capabilities of terrorists, or terrorist groups;
       (I) a thorough discussion of the plans for the use of such 
     methodologies;
       (J) a thorough discussion of the activities of the 
     personnel, if any, of the department, agency, or element 
     concerned while assigned to the National Counterterrorism 
     Center; and
       (K) a thorough discussion of the policies, procedures, 
     guidelines, regulations, and laws, if any, that have been or 
     will be applied in the access, analysis, or other use of the 
     databases referred to in subparagraph (A), including--
       (i) the personnel permitted to access, analyze, or 
     otherwise use such databases;
       (ii) standards governing the access, analysis, or use of 
     such databases;
       (iii) any standards used to ensure that the personal 
     information accessed, analyzed, or used is the minimum 
     necessary to accomplish the intended legitimate Government 
     purpose;
       (iv) standards limiting the retention and redisclosure of 
     information obtained from such databases;
       (v) procedures ensuring that such data meets standards of 
     accuracy, relevance, completeness, and timeliness;
       (vi) the auditing and security measures to protect against 
     unauthorized access, analysis, use, or modification of data 
     in such databases;
       (vii) applicable mechanisms by which individuals may secure 
     timely redress for any adverse consequences wrongfully 
     incurred due to the access, analysis, or use of such 
     databases;
       (viii) mechanisms, if any, for the enforcement and 
     independent oversight of existing or planned procedures, 
     policies, or guidelines; and
       (ix) an outline of enforcement mechanisms for 
     accountability to protect individuals and the public against 
     unlawful or illegitimate access or use of databases.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (2) The term ``database'' means any collection or grouping 
     of information about individuals that contains personally 
     identifiable information about individuals, such as 
     individual's names, or identifying numbers, symbols, or other 
     identifying particulars associated with individuals, such as 
     fingerprints, voice prints, photographs, or other biometrics. 
     The term does not include telephone directories or 
     information publicly available on the Internet without fee.
                                 ______
                                 
  SA 3734. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:


[[Page S9858]]


       At the appropriate place insert the following:

                               TITLE ___

     SECTION 1. SHORT TITLE.

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

     SEC. 2. REFERENCES.

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

     SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.

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

     SEC. 4. REGULATIONS.

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

     SEC. 5. EFFECTIVE DATE.

       The amendments made by this Act shall take effect as if 
     enacted as part of the September 11th Victims Compensation 
     Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note).
                                 ______
                                 
  SA 3735. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONWIDE INTEROPERABLE BROADBAND MOBILE 
                   COMMUNICATIONS NETWORK.

       (a) In General.--Not later than June 1, 2005, the Secretary 
     of Homeland Security shall develop technical and operational 
     specifications and protocols for a nationwide interoperable 
     broadband mobile communications network (referred to in this 
     section as the ``Network'') to be used by Federal, State, and 
     local public safety and homeland security personnel.
       (b) Consultation and Use of Existing Technologies.--In 
     developing the Network, the Secretary of Homeland Security 
     shall--
       (1) seek input from representatives of the user communities 
     regarding the operation and administration of the Network; 
     and
       (2) make use of existing commercial wireless technologies 
     to the greatest extent practicable.
       (c) Spectrum Allocation.--
       (1) Plan.--The Assistant Secretary for Communications and 
     Information, acting as the Administrator of the National 
     Telecommunications and Information Administration (referred 
     to in this section as the ``Administrator''), in cooperation 
     with the Federal Communications Commission, other Federal 
     agencies with responsibility for managing radio frequency 
     spectrum, and the Secretary of Homeland Security, shall 
     develop, not later than June 1, 2005, a plan to dedicate 
     sufficient radio frequency spectrum for the Network.
       (2) Source of spectrum.--The spectrum dedicated under 
     paragraph (1)--
       (A) may be reclaimed from existing Federal, State, or local 
     public safety users;
       (B) may be comprised of spectrum which is not currently 
     being utilized; or
       (C) may be comprised of any combination of spectrum 
     described in subparagraphs (A) and (B).
       (d) Reporting Requirement.--Not later than January 31, 
     2005, the Administrator, in consultation with the Secretary 
     of Homeland Security, shall submit a report to Congress 
     that--
       (1) describes any statutory changes that are necessary to 
     deploy the Network;
       (2) identifies the required spectrum allocation for the 
     Network; and
       (3) describes the progress made in carrying out the 
     provisions of this section.
                                 ______
                                 
  SA 3736. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S9859]]

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

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

       On page 197, strike lines 4 through 7 and insert the 
     following:
       (2) by striking paragraph (3) and inserting the following 
     new paragraph (3):
       ``(3) The term `counterintelligence' means information 
     gathered, and activities conducted to protect against--
       ``(A) international terrorist activities;
       ``(B) espionage, economic espionage, other intelligence 
     activities, the proliferation of weapons of mass destruction, 
     racketeering, international narcotics trafficking, 
     unauthorized computer access, sabotage, or assassination 
     conducted by or on behalf of any foreign government or 
     element thereof, foreign organization, or foreign person; or
       ``(C) any other criminal activities involved in or related 
     to such threats to the national security.''; and
       (3) by striking paragraph (5) and insert the following new 
     paragraph (5):
       ``(5) The terms `national intelligence' and `intelligence 
     related to the national security' each refer to all 
     intelligence (regardless of the source from which derived, 
     including information gathered within or without the United 
     States) that pertains to more than one department or agency 
     of the United States Government and that involves--
       ``(A) threats to the United States, its people, property, 
     or interests;
       ``(B) activities associated with the development, 
     proliferation, or use of weapons of mass destruction; or
       ``(C) any other matter bearing on the national security or 
     homeland security of the United States.''.
                                 ______
                                 
  SA 3737. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 6, strike lines 21 through 23 and insert the 
     following:
       (A)(i) refers to all national intelligence programs, 
     projects, and activities of the elements of the intelligence 
     community, including (but not limited to) all programs, 
     projects, and activities of the elements of the intelligence 
     community that are within the National Foreign Intelligence 
     Program as of the date of the enactment of this Act;
                                 ______
                                 
  SA 3738. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 7, beginning on line 18, strike ``, including any 
     program, project, or activity of the Defense Intelligence 
     Agency that is not part of the National Foreign Intelligence 
     Program as of the date of the enactment of this Act,''.
                                 ______
                                 
  SA 3739. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

     ensures information-sharing, including direct, continuous, 
     and automated access to unevaluated intelligence data in its 
     earliest understandable form.
       On page 32, beginning on line 3, strike ``information-
     sharing'' and all that follows through line 4 and insert 
     ``information-sharing, including direct, continuous, and 
     automated access to unevaluated intelligence data in its 
     earliest understandable form.''.
       On page 32, line 16, insert ``and Analysis'' after 
     ``Collection''.
       On page 32, line 19, insert ``and analysis'' after 
     ``collection''.
       On page 32, beginning on line 21, strike ``the head of each 
     element of the intelligence community'' and insert ``the head 
     of any department, agency, or element of the United States 
     Government, and the components and programs thereof,''.
       On page 56, line 20, strike ``(15) and (16)'' and insert 
     ``(18) and (19)''.
       On page 194, line 9, strike ``112(a)(11)'' and insert 
     ``112(a)(13)''.
       On page 195, line 16, strike ``112(a)(11)'' and insert 
     ``112(a)(13)''.
       On page 195, line 23, strike ``112(a)(11)'' and insert 
     ``112(a)(13)''.
       On page 196, line 7, strike ``112(a)(11)'' and insert 
     ``112(a)(13)''.
                                 ______
                                 
  SA 3740. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 9 line 13, insert ``and intelligence'' after 
     ``counterterrorism''.
                                 ______
                                 
  SA 3741. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 23, line 1, strike ``may require modifications'' 
     and insert ``may modify, or may require modifications,''.
                                 ______
                                 
  SA 3742. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 114. FUNDING OF INTELLIGENCE ACTIVITIES.

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

[[Page S9860]]

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

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

       Section 504(a)(3) of the National Security Act of 1947 (50 
     U.S.C. 414(a)(3)) is amended--
       (1) in subparagraph (A), by adding ``and'' at the end;
       (2) by striking subparagraph (B); and
       (3) by redesignating subparagraph (C) as subparagraph (B).
       On page 200, line 19, strike ``309.'' and insert ``310.''.
       On page 201, line 11, strike ``310.'' and insert ``311.''.
       On page 203, line 9, strike ``311.'' and insert ``312.''.
       On page 204, line 1, strike ``312.'' and insert ``313.''.
                                 ______
                                 
  SA 3743. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 32, beginning on line 8, strike ``oversee and 
     direct'' and all that follows through line 10 and insert 
     ``direct and coordinate''.
       On page 32, between lines 19 and 20, insert the following:
       (k) Human Intelligence Oversight and Coordination.--The 
     National Intelligence Director shall--
       (1) ensure the efficient and effective collection of 
     national intelligence through human sources;
       (2) provide overall direction for and coordinate the 
     collection of national intelligence through human sources by 
     elements of the intelligence community authorized to 
     undertake such collection; and
       (3) coordinate with other departments, agencies, and 
     elements of the United States Government which are authorized 
     to undertake such collection and ensure that the most 
     effective use is made of the resources of such departments, 
     agencies, and elements with respect to such collection, and 
     resolve operational conflicts regarding such collection.
       On page 32, line 20, strike ``(k)'' and insert ``(l)''.
       On page 43, after line 20, add the following:
       (e) Termination.--Upon the transfer under subsection (d) of 
     all unobligated balances of the Reserve for Contingencies of 
     the Central Intelligence Agency, the Reserve for 
     Contingencies of the Central Intelligence Agency shall be 
     terminated.
       On page 179, strike lines 1 through 4 and insert the 
     following:
       ``(b) Supervision.--(1) The Director of the Central 
     Intelligence Agency shall be under the direction, 
     supervision, and control of the National Intelligence 
     Director.
       ``(2) The Director of the Central Intelligence Agency shall 
     report directly to the National Intelligence Director 
     regarding the activities of the Central Intelligence Agency.
       On page 179, line 20, add ``and'' at the end.
       On page 179, strike line 21 and all that follows through 
     page 180, line 6.
       On page 180, line 7, strike ``(4)'' and insert ``(3)''.
       On page 181, strike lines 1 through 10.
                                 ______
                                 
  SA 3744. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 224. COMMUNICATIONS WITH CONGRESS.

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

       On page 42, strike lines 4 through 9 and insert the 
     following:
       (B) The Under Secretary of Homeland Security for 
     Information Analysis and Infrastructure Protection.
       (C) The Assistant Secretary of State for Intelligence and 
     Research.
       (D) The Assistant Secretary for Intelligence and Analysis 
     of the Department of the Treasury.
       (E) The Assistant Secretary for Terrorist Financing of the 
     Department of the Treasury.
       (F) The Director of the Defense Intelligence Agency.
       (G) The Executive Assistant Director for Intelligence of 
     the Federal Bureau of Investigation.
       (H) The Executive Assistant Director for Counterterrorism 
     and Counterintelligence of the Federal Bureau of 
     Investigation.
       (I) The Director of the Office of Intelligence of the 
     Department of Energy.
       (J) The Director of the Office of Counterintelligence of 
     the Department of Energy.
       (K) The Assistant Commandant of the Coast Guard for 
     Intelligence.
                                 ______
                                 
  SA 3746. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S9861]]

     of the intelligence community to which the civilian officer 
     or employee concerned, or member of the Armed Forces 
     concerned, is assigned. The head of the element of the 
     intelligence community concerned may recommend alternative 
     actions to termination or reassignment, and the Director may 
     take such recommendations into account in taking any such 
     action.
       (4) The Director may delegate an authority of the Director 
     under this subsection only to the Principal Deputy National 
     Intelligence Director.
       (5) Any action of the Director, or the delegee of the 
     Director, under this subsection shall not be subject to 
     judicial review.
       On page 32, line 20, strike ``(k)'' and insert ``(l)''.
                                 ______
                                 
  SA 3747. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 119. ADMINISTRATIVE AUTHORITIES.

       (a) Exercise of Administrative Authorities.--
     Notwithstanding any other provision of law, the National 
     Intelligence Director may exercise with respect to the 
     National Intelligence Authority any authority of the Director 
     of the Central Intelligence Agency with respect to the 
     Central Intelligence Agency under a provision of the Central 
     Intelligence Agency Act of 1949 specified in subsection (c).
       (b) Delegation of Administrative Authorities.--
     Notwithstanding any other provision of law, the National 
     Intelligence Director may delegate to the head of any other 
     element of the intelligence community with a program, 
     project, or activity within the National Intelligence Program 
     for purposes of such program, project or activity any 
     authority of the Director of the Central Intelligence Agency 
     with respect to the Central Intelligence Agency under a 
     provision of the Central Intelligence Agency Act of 1949 
     specified in subsection (c).
       (c) Specified Authorities.--The authorities of the Director 
     of the Central Intelligence Agency specified in this 
     subsection are the authorities under the Central Intelligence 
     Agency Act of 1949 as follows:
       (1) Section 3 (50 U.S.C. 403c), relating to procurement.
       (2) Section 4 (50 U.S.C. 403e), relating to travel 
     allowances and related expenses.
       (3) Section 5 (50 U.S.C. 403f), relating to administration 
     of funds.
       (4) Section 6 (50 U.S.C. 403g), relating to exemptions from 
     certain information disclosure requirements.
       (5) Section 8 (50 U.S.C. 403j), relating to availability of 
     appropriations.
       (6) Section 11 (50 U.S.C. 403k), relating to payment of 
     death gratuities.
       (7) Section 12 (50 U.S.C. 403l), relating to acceptance of 
     gifts, devises, and bequests.
       (8) Section 21 (50 U.S.C. 403u), relating to operation of a 
     central services program.
       (d) Exercise of Delegated Authority.--Notwithstanding any 
     other provision of law, the head of an element of the 
     intelligence community delegated an authority under 
     subsection (b) with respect to a program, project, or 
     activity may exercise such authority with respect to such 
     program, project, or activity to the same extent that the 
     Director of the Central Intelligence Agency may exercise such 
     authority with respect to the Central Intelligence Agency.
       On page 108, line 12, strike ``(1)''.
       On page 108, line 19, strike ``(2)'' and insert ``(b) 
     Deposit of Proceeds.--''.
       On page 108, strike line 23 and all that follows through 
     page 109, line 3.
                                 ______
                                 
  SA 3748. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     spolitical considerations, based upon all sources available 
     to the intelligence community, and performed in a manner 
     consistent with sound analytic methods and tradecraft, 
     including reviews for purposes of determining whether or 
     not--
       (A) such product or products state separately, and 
     distinguish between, the intelligence underlying such product 
     or products and the assumptions and judgments of analysts 
     with respect to the intelligence and such product or 
     products;
       (B) such product or products describe the quality and 
     reliability of the intelligence underlying such product or 
     products;
       (C) such product or products present and explain 
     alternative conclusions, if any, with respect to the 
     intelligence underlying such product or products;
       (D) such product or products characterizes the 
     uncertainties, if any, and the confidence in such product or 
     products; and
       (E) the analyst or analysts responsible for such product or 
     products had appropriate access to intelligence information 
     from all sources, regardless of the source of the 
     information, the method of collection of the information, the 
     elements of the intelligence community that collected the 
     information, or the location of such collection.
       On page 80, line 1, insert ``(A)'' after ``(5)''.
       On page 80, line 3, strike ``, upon request,''.
       On page 80, between lines 5 and 6, insert the following:
       (B) The results of the evaluations under paragraph (4) 
     shall also be distributed as appropriate throughout the 
     intelligence community as a method for training intelligence 
     community analysts and promoting the development of sound 
     analytic methods and tradecraft. To ensure the widest 
     possible distribution of the evaluations, the Analytic Review 
     Unit shall, when appropriate, produce evaluations at multiple 
     classification levels.
       (6) Upon completion of the evaluations under paragraph (4), 
     the Ombudsman may make recommendations to the National 
     Intelligence Director, and to the heads of the elements of 
     the intelligence community, for such personnel actions as the 
     Ombudsman considers appropriate in light of the evaluations, 
     including awards, commendations, reprimands, additional 
     training, or disciplinary action.
       On page 80, line 6, strike ``Information.--'' and insert 
     ``Information and Personnel.--(1)''.
       On page 80, line 8, insert ``, the Analytic Review Unit, 
     and other staff of the Office of the Ombudsman of the 
     National Intelligence Authority'' after ``Authority''.
       On page 80 line 10, insert ``operational and'' before 
     ``field reports''.
       On page 80, between lines 13 and 14, insert the following:
       (2) The Ombudsman, the Analytic Review Unit, and other 
     staff of the Office shall have access to any employee, or any 
     employee of a contractor, of the intelligence community whose 
     testimony is needed for the performance of the duties of the 
     Ombudsman.
                                 ______
                                 
  SA 3749. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S9862]]

     and interpretation of treaties and other international 
     agreements on the intelligence and intelligence-related 
     activities of the United States Government; and
       (8) perform such other duties as the Director may specify.
       On page 53, line 8, insert ``in consultation with the 
     General Counsel of the National Intelligence Authority,''.
                                 ______
                                 
  SA 3750. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 87, line 16, strike ``and'' at the end.
       On page 87 between lines 16 and 17, insert the following:
       (D) ensure that intelligence (including unevaluated 
     intelligence) concerning suspected terrorists, their 
     organizations, and their capabilities, plans, and intentions, 
     the source of such intelligence, and the method used to 
     collect such intelligence is disseminated in a timely and 
     efficient manner that promotes comprehensive all-source 
     analysis with the Directorate and by appropriately cleared 
     officers and employees of the United States Government, 
     notwithstanding the element of the intelligence community 
     that collected such intelligence or the location of such 
     collection;
       (E) conduct, or direct through the National Intelligence 
     Director an element or elements of the intelligence community 
     to conduct, competitive analyses of intelligence products 
     relating to suspected terrorists, their organizations, and 
     their capabilities, plans, and intentions, particularly 
     products having national importance;
       (F) implement policies and procedures to encourage 
     coordination by all elements of the intelligence community 
     that conduct analysis of intelligence regarding terrorism of 
     all Directorate products of national importance and, as 
     appropriate, other products, before their final 
     dissemination;
       (G) ensure the dissemination of Directorate intelligence 
     products to the President, to Congress, to the heads of other 
     departments and agencies of the executive branch, to the 
     Chairman of the Joint Chiefs of Staff and senior military 
     commanders, and to such other persons or entities as the 
     President shall direct; and
       On page 87, line 17, strike ``(D)'' and insert ``(H)''.
       On page 96, line 16, strike ``foreign''.
                                 ______
                                 
  SA 3751. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       Section 105(a) of the National Security Act of 1947 (50 
     U.S.C. 403-5(a)) is amended--
       (1) in paragraph (1), by striking ``ensure'' and inserting 
     ``assist the Director in ensuring''; and
       (2) in paragraph (2), by striking ``appropriate''.
                                 ______
                                 
  SA 3752. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 32, between lines 15 and 16, insert the following:
       (k) Human Intelligence Oversight and Coordination.--The 
     National Intelligence Director shall--
       (1) ensure the efficient and effective collection of 
     national intelligence through human sources;
       (2) provide overall direction for and coordinate the 
     collection of national intelligence through human sources by 
     elements of the intelligence community authorized to 
     undertake such collection; and
       (3) coordinate with other departments, agencies, and 
     elements of the United States Government which are authorized 
     to undertake such collection and ensure that the most 
     effective use is made of the resources of such departments, 
     agencies, and elements with respect to such collection, and 
     resolve operational conflicts regarding such collection.
       On page 32, line 20, strike ``(k)'' and insert ``(l)''.
       On page 179, strike line 21 and all that follows through 
     page 180, line 6.
                                 ______
                                 
  SA 3753. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 32, beginning on line 8, strike ``oversee and 
     direct'' and all that follows through line 10 and insert 
     ``direct and coordinate''.
       On page 181, strike lines 1 through 10.
                                 ______
                                 
  SA 3754. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

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

[[Page S9863]]

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

                          ____________________