[Congressional Record Volume 150, Number 120 (Wednesday, September 29, 2004)]
[Senate]
[Pages S9959-S9985]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3755. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 94, line 14, insert before the period the 
     following: ``, whether expressed in terms of geographic 
     region, in terms of function, or in other terms''.
       On page 95, line 3, insert after the period the following: 
     ``Each notice on a center shall set forth the mission of such 
     center, the area of intelligence responsibility of such 
     center, and the proposed structure of such center.''.
       On page 96, line 7, insert ``of the center and the 
     personnel of the center'' after ``control''.
       On page 96, between lines 8 and 9, insert the following:
       (5) If the Director of a national intelligence center 
     determines at any time that the authority, direction, and 
     control of the Director over the center is insufficient to 
     accomplish the mission of the center, the Director shall 
     promptly notify the National Intelligence Director of that 
     determination.
       On page 96, strike line 15 and all that follows through 
     page 97, line 2, and insert the following:
       (1) develop and unify a strategy for the collection and 
     analysis of all-source intelligence;
       (2) integrate intelligence collection, analysis, and 
     planning for operations, both inside and outside the United 
     States;
       (3) develop interagency plans for the collection and 
     analysis of all-source intelligence, which plans shall--
       (A) involve more than one department, agency, or element of 
     the executive branch (unless otherwise directed by the 
     President); and
       (B) include the mission, objectives to be achieved, courses 
     of action, coordination of agencies operational activities, 
     recommendations for operational plans, and assignment of 
     departmental or agency responsibilities;
       (4) ensure that the collection of all-source intelligence 
     and the conduct of operations are informed by the analysis of 
     all-source intelligence; and
       On page 98, beginning on line 20, strike ``to the extent 
     practicable, approve the request'' and insert ``to the 
     maximum extent possible. If a request is denied, the head of 
     the department, agency, or element concerned shall provide 
     the National Intelligence Director with a justification of 
     the denial of such request. The National Intelligence 
     Director may submit any request so denied to the National 
     Security Council for resolution''.
       On page 99, between lines 20 and 21, insert the following:
       (g) Review and Modification of Centers.--(1) Not less often 
     than once each year, the National Intelligence Director shall 
     review the area of intelligence responsibility assigned to 
     each national intelligence center under this section in order 
     to determine whether or not such area of responsibility 
     continues to meet intelligence priorities established by the 
     National Security Council.
       (2) Not less often than once each year, the National 
     Intelligence Director shall review the staffing and 
     management of each national intelligence center under this 
     section in order to determine whether or not such staffing or 
     management remains appropriate for the accomplishment of the 
     mission of such center.
       (3) The National Intelligence Director may at any time 
     recommend to the President a modification of the area of 
     intelligence responsibility assigned to a national 
     intelligence center under this section. The National 
     Intelligence Director shall make any such recommendation 
     through, and with the approval of, the National Security 
     Council.
       (h) Separate Budget Account.--The National Intelligence 
     Director shall, in accordance with procedures to be issued by 
     the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for each national 
     intelligence center under this section.
       On page 99, line 21, strike ``(g)'' and insert ``(i)''.
                                 ______
                                 
  SA 3756. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

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

     SEC. 153. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.

       (a) Findings.--Congress makes the following findings:
       (1) Foreign language education is essential for the 
     development of a highly-skilled workforce for the 
     intelligence community.
       (2) Since September 11, 2001, the need for language 
     proficiency levels to meet required national security 
     functions has been raised, and the ability to comprehend and 
     articulate technical and scientific information in foreign 
     languages has become critical.
       (b) Linguistic Requirements.--(1) The National Intelligence 
     Director shall--
       (A) identify the linguistic requirements for the National 
     Intelligence Authority;
       (B) identify specific requirements for the range of 
     linguistic skills necessary for the intelligence community, 
     including proficiency in scientific and technical 
     vocabularies of critical foreign languages; and
       (C) develop a comprehensive plan for the Authority to meet 
     such requirements through the education, recruitment, and 
     training of linguists.
       (2) In carrying out activities under paragraph (1), the 
     Director shall take into account education grant programs of 
     the Department of Defense and the Department of Education 
     that are in existence as of the date of the enactment of this 
     Act.
       (3) Not later than one year after the date of the enactment 
     of this Act, and annually thereafter, the Director shall 
     submit to Congress a report on the requirements identified 
     under paragraph (1), including the success of the Authority 
     in meeting such requirements. Each report shall notify 
     Congress of any additional resources determined by the 
     Director to be required to meet such requirements.

[[Page S9960]]

       (4) Each report under paragraph (3) shall be in 
     unclassified form, but may include a classified annex.
       (c) Professional Intelligence Training.--The National 
     Intelligence Director shall require the head of each element 
     and component within the National Intelligence Authority who 
     has responsibility for professional intelligence training to 
     periodically review and revise the curriculum for the 
     professional intelligence training of the senior and 
     intermediate level personnel of such element or component in 
     order to--
       (1) strengthen the focus of such curriculum on the 
     integration of intelligence collection and analysis 
     throughout the Authority; and
       (2) prepare such personnel for duty with other departments, 
     agencies, and element of the intelligence community.
                                 ______
                                 
  SA 3757. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.     . TSA FIELD OFFICE INFORMATION TECHNOLOGY AND 
                   TELECOMMUNICATIONS REPORT.

       Within 90 days after the date of enactment of this Act, the 
     Secretary of Homeland Security shall transmit a report to the 
     Congress, which may be transmitted in classified and redacted 
     formats, setting forth--
       (1) a descriptive list of each field office of the 
     Transportation Security Administration, including its 
     location, staffing, and facilities;
       (2) an analysis of the information technology and 
     telecommunications capabilities, equipment, and support 
     available at each such office, including--
       (A) whether the office has access to broadband 
     telecommunications;
       (B) whether the office has the ability to access 
     Transportation Security Administration databases directly;
       (C) the means available to the office for communicating and 
     sharing information and other data on a real time basis with 
     the Transportation Security Administration's national, 
     regional, and State offices as well as with other 
     Transportation Security Administration field offices;
       (D) the means available to the office for communicating 
     witli other Federal, State, and local government offices with 
     transportation security related responsibilities; and
       (E) whether and to what extent computers in the office are 
     linked through a local area, network or otherwise, and 
     whether the information technology resources available to the 
     office are adequate to enable it to carry out its functions 
     and purposes; and
       (3) an assessment of current and future needs of the 
     Transportation Security Administration to provide adequate 
     information technology and telecommunications facilities, 
     equipment, and support to its field offices, and an estimate 
     of the costs of meeting those needs.
                                 ______
                                 
  SA 3758. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 4, strike lines 5 through 16 and insert the 
     following:
       (2) The term ``foreign intelligence'' means information 
     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, 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 3759. 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 44, strike lines 22 and 23 and insert the 
     following:
       (4) The General Counsel of the Intelligence Community.
       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 51, strike lines 6 through 24 and insert the 
     following:

     SEC. 124. GENERAL COUNSEL OF THE INTELLIGENCE COMMUNITY.

       (a) General Counsel of Intelligence Community.--There is a 
     General Counsel of the Intelligence Community who shall be 
     appointed from civilian life by the President,

[[Page S9961]]

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

[[Page S9962]]

       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 3760. Mr. SARBANES (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 158, line 5, strike ``and''.
       On page 158, line 9, strike the period and insert ``; 
     and''.
       On page 158, insert between lines 9 and 10, the following:
       (C) each proposal reviewed by the Board under subsection 
     (d)(1) that--
       (i) the Board advised against implementation; and
       (ii) notwithstanding such advice, actions were taken to 
     implement.
                                 ______
                                 
  SA 3761. Mr. SPECTER (for himself and Mrs. Feinstein) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       On page 10, between lines 16 and 17, insert the following:
       (d) Term of Office; Removal.--(1) The term of service of 
     the National Intelligence Director shall be ten years.
       (2) An individual may not serve more than one term of 
     service as National Intelligence Director.
       (3) Paragraphs (1) and (2) shall apply with respect to any 
     individual appointed as National Intelligence Director after 
     the date of the enactment of this Act.
       (4) If the individual serving as Director of Central 
     Intelligence on the date of the enactment of this Act is the 
     first person appointed as National Intelligence Director 
     under this section, the date of appointment of such 
     individual as National Intelligence Director shall be deemed 
     to be the date of the commencement of the term of service of 
     such individual as National Intelligence Director.
       On page 10, line 17, strike ``(d)'' and insert ``(e)''.
       On page 11, line 3, strike ``(e)'' and insert ``(f)''.
       On page 11, line 5, strike ``subsection (c)'' and insert 
     ``subsection (e)''.
                                 ______
                                 
  SA 3762. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 97, between lines 18 and 19, insert the following:
       (3) The National Intelligence Director shall establish 
     formal mechanisms to ensure the regular sharing of 
     information and analysis by national intelligence centers 
     having adjacent geographic regions of intelligence 
     responsibility or otherwise having significant connections in 
     areas of intelligence responsibility.
                                 ______
                                 
  SA 3763. 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; as follows:

       On page 117, strike line 1 and all that follows through 
     page 118, line 7.
                                 ______
                                 
  SA 3764. Mr. FITZGERALD submitted an amendment intended to be 
proposed by him to the bill S. 2806, making appropriations for the 
Departments of Transportation and Treasury, the Executive Office of the 
President, and certain independent agencies for the fiscal year ending 
September 30, 2005, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STATE-BY-STATE COMPARISON OF HIGHWAY CONSTRUCTION 
                   COSTS.

       (a) Collection of Data.--
       (1) In general.--The Administrator of the Federal Highway 
     Administration (referred to in this section as the 
     ``Administrator'') shall collect from States any bid price 
     data that is necessary to make State-by-State comparisons of 
     highway construction costs.
       (2) Data required.--In determining which data to collect 
     and the procedures for collecting data, the Administrator 
     shall take into account the data collection deficiencies 
     identified in the report prepared by the Government 
     Accountability Office numbered GAO-04-113R.
       (b) Report.--
       (1) In general.--The Administrator shall submit to Congress 
     an annual report on the bid price data collected under 
     subsection (a).
       (2) Inclusions.--The report shall include--
       (A) State-by-State comparisons of highway construction 
     costs for the previous fiscal year (including the cost to 
     construct a 1-mile road segment of a standard design, as 
     determined by the Administrator); and
       (B) a description of the competitive bidding procedures 
     used in each State.
                                 ______
                                 
  SA 3765. 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 appropriate place, insert the following:

     SEC. __. HOMELAND SECURITY GEOGRAPHIC INFORMATION.

       (a) Findings.--Congress finds that--
       (1) geographic technologies and geographic data improve 
     government capabilities to detect, plan, prepare, and respond 
     to disasters in order to save lives and protect property;
       (2) geographic data improves the ability of information 
     technology applications and systems to enhance public 
     security in a cost-effective manner; and
       (3) geographic information preparedness in the United 
     States, and specifically in the Department of Homeland 
     Security, is insufficient because of--
       (A) inadequate geographic data compatibility;
       (B) insufficient geographic data sharing; and
       (C) technology interoperability barriers.
       (b) Homeland Security Geographic Information.--Section 703 
     of the Homeland Security Act of 2002 (6 U.S.C. 343) is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``The Chief 
     Information''; and
       (2) by adding at the end the following:
       ``(b) Geographic Information Functions.--
       ``(1) Definition.--In this subsection, the term `geographic 
     information' means the information systems that involve 
     locational data, such as maps or other geospatial information 
     resources.
       ``(2) Office of geospatial management.--
       ``(A) Establishment.--The Office of Geospatial Management 
     is established within the Office of the Chief Information 
     Officer.
       ``(B) Geospatial information officer.--
       ``(i) Appointment.--The Office of Geospatial Management 
     shall be administered by the Geospatial Information Officer, 
     who shall be appointed by the Secretary and serve under the 
     direction of the Chief Information Officer.
       ``(ii) Functions.--The Geospatial Information Officer shall 
     assist the Chief Information Officer in carrying out all 
     functions under this section and in coordinating the 
     geographic information needs of the Department.
       ``(C) Coordination of geographic information.--The Chief 
     Information Officer shall establish and carry out a program 
     to provide for the efficient use of geographic information, 
     which shall include--
       ``(i) providing such geographic information as may be 
     necessary to implement the critical infrastructure protection 
     programs;
       ``(ii) providing leadership and coordination in meeting the 
     geographic information requirements of those responsible for 
     planning, prevention, mitigation, assessment and response to 
     emergencies, critical infrastructure protection, and other 
     functions of the Department; and
       ``(iii) coordinating with users of geographic information 
     within the Department to assure interoperability and prevent 
     unnecessary duplication.
       ``(D) Responsibilities.--In carrying out this subsection, 
     the responsibilities of the Chief Information Officer shall 
     include--
       ``(i) coordinating the geographic information needs and 
     activities of the Department;
       ``(ii) implementing standards, as adopted by the Director 
     of the Office of Management and Budget under the processes 
     established under section 216 of the E-Government Act of

[[Page S9963]]

     2002 (44 U.S.C. 3501 note), to facilitate the 
     interoperability of geographic information pertaining to 
     homeland security among all users of such information 
     within--

       ``(I) the Department;
       ``(II) State and local government; and
       ``(III) the private sector;

       ``(iii) coordinating with the Federal Geographic Data 
     Committee and carrying out the responsibilities of the 
     Department pursuant to Office of Management and Budget 
     Circular A-16 and Executive Order 12906; and
       ``(iv) making recommendations to the Secretary and the 
     Executive Director of the Office for State and Local 
     Government Coordination and Preparedness on awarding grants 
     to--

       ``(I) fund the creation of geographic data; and
       ``(II) execute information sharing agreements regarding 
     geographic data with State, local, and tribal governments.

       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this subsection for each fiscal year.''.
                                 ______
                                 
  SA 3766. Mr. McCAIN proposed an amendment to the bill S. 2845, to 
reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

                  TITLE      --PUBLIC SAFETY SPECTRUM

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

       (a) Short Title.--This title may be cited as the ``Spectrum 
     Availability for Emergency-Response and Law-Enforcement To 
     Improve Vital Emergency Services Act'' or the ``SAVE LIVES 
     Act''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. --01. Short title; table of contents.
Sec. --02. Findings.
Sec. --03. Setting a specific date for the availability of spectrum for 
              public safety organizations and creating a deadline for 
              the transition to digital television.
Sec. --04. Studies of communications capabilities and needs.
Sec. --05. Statutory authority for the Department of Homeland 
              Security's ``SAFECOM'' program.
Sec. --06. Grant program to provide enhanced interoperability of 
              communications for first responders.
Sec. --07. Digital transition public safety communications grant and 
              consumer assistance fund.
Sec. --08. Digital transition program.
Sec. --09. Label requirement for analog television sets.
Sec. --10. Report on consumer education program requirements.
Sec. --11. FCC to issue decision in certain proceedings.
Sec. --12. Definitions.
Sec. --13. Effective date.

     SEC. --02. FINDINGS.

       The Congress finds the following:
       (1) In its final report, the 9-11 Commission advocated that 
     Congress pass legislation providing for the expedited and 
     increased assignment of radio spectrum for public safety 
     purposes. The 9-11 Commission stated that this spectrum was 
     necessary to improve communications between local, State and 
     Federal public safety organizations and public safety 
     organizations operating in neighboring jurisdictions that may 
     respond to an emergency in unison.
       (2) Specifically, the 9-11 Commission report stated ``The 
     inability to communicate was a critical element at the World 
     Trade Center, Pentagon and Somerset County, Pennsylvania, 
     crash sites, where multiple agencies and multiple 
     jurisdictions responded. The occurrence of this problem at 
     three very different sites is strong evidence that compatible 
     and adequate communications among public safety organizations 
     at the local, State, and Federal levels remains an important 
     problem.''.
       (3) In the Balanced Budget Act of 1997, the Congress 
     directed the FCC to allocate spectrum currently being used by 
     television broadcasters to public safety agencies to use for 
     emergency communications. This spectrum has specific 
     characteristics that make it an outstanding choice for 
     emergency communications because signals sent over these 
     frequencies are able to penetrate walls and travel great 
     distances, and can assist multiple jurisdictions in deploying 
     interoperable communications systems.
       (4) This spectrum will not be fully available to public 
     safety agencies until the completion of the digital 
     television transition. The need for this spectrum is greater 
     than ever. The nation cannot risk further loss of life due to 
     public safety agencies' first responders' inability to 
     communicate effectively in the event of another terrorist act 
     or other crisis, such as a hurricane, tornado, flood, or 
     earthquake.
       (5) In the Balanced Budget Act of 1997, Congress set a date 
     of December 31, 2006, for the termination of the digital 
     television transition. Under current law, however, the 
     deadline will be extended if fewer than 85 percent of the 
     television households in a market are able to continue 
     receiving local television broadcast signals.
       (6) Federal Communications Commission Chairman Michael K. 
     Powell testified at a hearing before the Senate Commerce, 
     Science, and Transportation Committee on September 8, 2004, 
     that, absent government action, this extension may allow the 
     digital television transition to continue for ``decades'' or 
     ``multiples of decades''.
       (7) The Nation's public safety and welfare cannot be put 
     off for ``decades'' or ``multiples of decades''. The Federal 
     government should ensure that this spectrum is available for 
     use by public safety organizations by January 1, 2009.
       (8) Any plan to end the digital television transition would 
     be incomplete if it did not ensure that consumers would be 
     able to continue to enjoy over-the-air broadcast television 
     with minimal disruption. If broadcasters air only a digital 
     signal, some consumers may be unable to view digital 
     transmissions using their analog-only television set. Local 
     broadcasters are truly an important part of our homeland 
     security and often an important communications vehicle in the 
     event of a national emergency. Therefore, consumers who rely 
     on over-the-air television, particularly those of limited 
     economic means, should be assisted.
       (9) The New America Foundation has testified before 
     Congress that the cost to assist these 17.4 million 
     exclusively over-the-air households to continue to view 
     television is less than $1 billion dollars for equipment, 
     which equates to roughly 3 percent of the Federal revenue 
     likely from the auction of the analog television spectrum.
       (10) Specifically, the New America Foundation has estimated 
     that the Federal Government's auction of this spectrum could 
     yield $30-to-$40 billion in revenue to the Treasury. Chairman 
     Powell stated at the September 8, 2004, hearing that 
     ``estimates of the value of that spectrum run anywhere from 
     $30 billion to $70 billion''.
       (11) Additionally, there will be societal benefits with the 
     return of the analog broadcast spectrum. Former FCC Chairman 
     Reed F. Hundt, at an April 28, 2004, hearing before the 
     Senate Commerce, Science, and Transportation Committee, 
     testified that this spectrum ``should be the fit and proper 
     home of wireless broadband''. Mr. Hundt continued, ``Quite 
     literally, [with this spectrum] the more millions of people 
     in rural America will be able to afford Big Broadband 
     Internet access, the more hundreds of millions of people in 
     the world will be able to afford joining the Internet 
     community.''.
       (12) Due to the benefits that would flow to the Nation's 
     citizens from the Federal Government reclaiming this analog 
     television spectrum--including the safety of our Nation's 
     first responders and those protected by first responders, 
     additional revenues to the Federal treasury, millions of new 
     jobs in the telecommunications sector of the economy, and 
     increased wireless broadband availability to our Nation's 
     rural citizens--Congress finds it necessary to set January 1, 
     2009, as a firm date for the return of this analog television 
     spectrum.

     SEC. 3. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF 
                   SPECTRUM FOR PUBLIC SAFETY ORGANIZATIONS AND 
                   CREATING A DEADLINE FOR THE TRANSITION TO 
                   DIGITAL TELEVISION.

       (a) In General.--Section 309(j)(14) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(14)) is amended--
       (1) by striking ``2006.'' in subparagraph (A) and inserting 
     ``2008.'';
       (2) by striking subparagraph (B) and redesignating 
     subparagraphs (C) and (D) as subparagraphs (B) and (C);
       (3) by striking ``subparagraph (A) or (B),'' in 
     subparagraph (B), as redesignated, and inserting 
     ``subparagraph (A),'';
       (4) by striking ``subparagraph (C)(i),'' in subparagraph 
     (C), as redesignated, and inserting ``subparagraph (B)(i),''; 
     and
       (5) by adding at the end the following:
       ``(D) Acceleration of deadline for public safety use.--
       ``(i) Notwithstanding subparagraph (A), the Commission 
     shall take all action necessary to complete by December 31, 
     2007--

       ``(I) the return of television station licenses operating 
     on channels between 764 and 776 megaHertz and between 794 and 
     806 megaHertz; and
       ``(II) assignment of the electromagnetic spectrum between 
     764 and 776 megahertz, and between 794 and 806 megahertz, for 
     public safety services.

       ``(ii) Notwithstanding subparagraph (A), the Commission may 
     modify, reassign, or require the return of, the television 
     station licenses assigned to frequencies between 758 and 764 
     megahertz, 776 and 782 megahertz, and 788 and 794 megahertz 
     as necessary to permit operations by public safety services 
     on frequencies between 764 and 776 megahertz and between 794 
     and 806 megahertz, after the date of enactment of the SAVES 
     LIVES Act, but such modifications, reassignments, or returns 
     may not take effect until after December 31, 2007.''.
       (b) Certain Commercial Use Spectrum.--The Commission shall 
     assign the spectrum described in section 337(a)(2) of the 
     Communications Act of 1934 (47 U.S.C. 337(a)(2)) allocated 
     for commercial use by competitive bidding pursuant to section 
     309(j) of that Act (47 U.S.C. 309(j)) no later than 1 year 
     after the Commission transmits the report required by section 
     4(a) to the Congress.

     SEC. --04. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.

       (a) In General.--The Commission, in consultation with the 
     Secretary of Homeland Security, shall conduct a study to 
     assess

[[Page S9964]]

     strategies that may be used to meet public safety 
     communications needs, including--
       (1) the short-term and long-term need for additional 
     spectrum allocation for Federal, State, and local first 
     responders, including an additional allocation of spectrum in 
     the 700 megaHertz band;
       (2) the need for a nationwide interoperable broadband 
     mobile communications network;
       (3) the ability of public safety entities to utilize 
     wireless broadband applications; and
       (4) the communications capabilities of first receivers such 
     as hospitals and health care workers, and current efforts to 
     promote communications coordination and training among the 
     first responders and the first receivers.
       (b) Reallocation Study.--The Commission shall conduct a 
     study to assess the advisability of reallocating any amount 
     of spectrum in the 700 megaHertz band for unlicensed 
     broadband uses. In the study, the Commission shall consider 
     all other possible users of this spectrum, including public 
     safety.
       (c) Report.--The Commission shall report the results of the 
     studies, together with any recommendations it may have, to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Energy and 
     Commerce within 1 year after the date of enactment of this 
     Act.

     SEC. --05. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND 
                   SECURITY'S ``SAFECOM'' PROGRAM.

       Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 
     182) is amended--
       (1) by inserting ``(a) In General.--'' before ``The''; and
       (2) by adding at the end the following:
       ``(b) SAFECOM Authorized.--
       ``(1) In general.--In carrying out subsection (a), the 
     Under Secretary shall establish a program to address the 
     interoperability of communications devices used by Federal, 
     State, tribal, and local first responders, to be known as the 
     Wireless Public Safety Interoperability Communications 
     Program, or `SAFECOM'. The Under Secretary shall coordinate 
     the program with the Director of the Department of Justice's 
     Office of Science and Technology and all other Federal 
     programs engaging in communications interoperability 
     research, development, and funding activities to ensure that 
     the program takes into account, and does not duplicate, those 
     programs or activities.
       ``(2) Components.--The program established under paragraph 
     (1) shall be designed--
       ``(A) to provide research on the development of a 
     communications system architecture that would ensure the 
     interoperability of communications devices among Federal, 
     State, tribal, and local officials that would enhance the 
     potential for a coordinated response to a national emergency;
       ``(B) to support the completion and promote the adoption of 
     mutually compatible voluntary consensus standards developed 
     by a standards development organization accredited by the 
     American National Standards Institute to ensure such 
     interoperability; and
       ``(C) to provide for the development of a model strategic 
     plan that could be used by any State or region in developing 
     its communications interoperability plan.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this subsection--
       ``(A) $22,105,000 for fiscal year 2005;
       ``(B) $22,768,000 for fiscal year 2006;
       ``(C) $23,451,000 for fiscal year 2007;
       ``(D) $24,155,000 for fiscal year 2008; and
       ``(E) $24,879,000 for fiscal year 2009.
       ``(c) National Baseline Study of Public Safety 
     Communications Interoperability.--By December 31, 2005, the 
     Under Secretary of Homeland Security for Science and 
     Technology shall complete a study to develop a national 
     baseline for communications interoperability and develop 
     common grant guidance for all Federal grant programs that 
     provide communications-related resources or assistance to 
     State and local agencies, any Federal programs conducting 
     demonstration projects, providing technical assistance, 
     providing outreach services, providing standards development 
     assistance, or conducting research and development with the 
     public safety community with respect to wireless 
     communications. The Under Secretary shall transmit a report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce containing the Under Secretary's 
     findings, conclusions, and recommendations from the study.''.

     SEC. --06. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY 
                   OF COMMUNICATIONS FOR FIRST RESPONDERS.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a program to help State, local, tribal, and 
     regional first responders acquire and deploy interoperable 
     communications equipment, purchase such equipment, and train 
     personnel in the use of such equipment. The Secretary, in 
     cooperation with the heads of other Federal departments and 
     agencies who administer programs that provide communications-
     related assistance programs to State, local, and tribal 
     public safety organizations, shall develop and implement 
     common standards to the greatest extent practicable.
       (b) Applications.--To be eligible for assistance under the 
     program, a State, local, tribal, or regional first responder 
     agency shall submit an application, at such time, in such 
     form, and containing such information as the Under Secretary 
     of Homeland Security for Science and Technology may require, 
     including--
       (1) a detailed explanation of how assistance received under 
     the program would be used to improve local communications 
     interoperability and ensure interoperability with other 
     appropriate Federal, State, local, tribal, and regional 
     agencies in a regional or national emergency;
       (2) assurance that the equipment and system would--
       (A) not be incompatible with the communications 
     architecture developed under section 302(b)(2)(A) of the 
     Homeland Security Act of 2002;
       (B) would meet any voluntary consensus standards developed 
     under section 302(b)(2)(B) of that Act; and
       (C) be consistent with the common grant guidance 
     established under section 302(b)(3) of the Homeland Security 
     Act of 2002.
       (c) Grants.--The Under Secretary shall review applications 
     submitted under subsection (b). The Secretary, pursuant to an 
     application approved by the Under Secretary, may make the 
     assistance provided under the program available in the form 
     of a single grant for a period of not more than 3 years.

     SEC. --07. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS 
                   GRANT AND CONSUMER ASSISTANCE FUND.

       (a) In General.--There is established on the books of the 
     Treasury a separate fund to be known as the ``Digital 
     Transition Consumer Assistance Fund'', which shall be 
     administered by the Secretary, in consultation with the 
     Assistant Secretary of Commerce for Communications and 
     Information.
       (b) Crediting of Receipts.--The Fund shall be credited with 
     the amount specified in section 309(j)(8)(D) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)(D)).
       (c) Fund Availability.--
       (1) Appropriations.--
       (A) Consumer assistance program.--There are appropriated to 
     the Secretary from the Fund such sums, not to exceed 
     $1,000,000,000, as are required to carry out the program 
     established under section 8 of this Act.
       (B) PSO grant program.--To the extent that amounts 
     available in the Fund exceed the amount required to carry out 
     that program, there are authorized to be appropriated to the 
     Secretary of Homeland Security, such sums as are required to 
     carry out the program established under section 6 of this 
     Act, not to exceed an amount, determined by the Director of 
     the Office of Management and Budget, on the basis of the 
     findings of the National Baseline Interoperability study 
     conducted by the SAFECOM Office of the Department of Homeland 
     Security.
       (2) Reversion of unused funds.--Any auction proceeds in the 
     Fund that are remaining after the date on which the programs 
     under section 6 and 8 of this Act terminate, as determined by 
     the Secretary of Homeland Security and the Secretary of 
     Commerce respectively, shall revert to and be deposited in 
     the general fund of the Treasury.
       (d) Deposit of Auction Proceeds.--Paragraph (8) of section 
     309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) 
     is amended--
       (1) by inserting ``or subparagraph (D)'' in subparagraph 
     (A) after ``subparagraph (B)''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) Disposition of cash proceeds from auction of channels 
     52 through 69.--Cash proceeds attributable to the auction of 
     any eligible frequencies between 698 and 806 megaHertz on the 
     electromagnetic spectrum conducted after the date of 
     enactment of the SAVE LIVES Act shall be deposited in the 
     Digital Transition Consumer Assistance Fund established under 
     section 7 of that Act.''.

     SEC. --08. DIGITAL TRANSITION PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Commission and the Director of the Office of Management and 
     Budget, shall establish a program to assist households--
       (1) in the purchase or other acquisition of digital-to-
     analog converter devices that will enable television sets 
     that operate only with analog signal processing to continue 
     to operate when receiving a digital signal;
       (2) in the payment of a one-time installation fee (not in 
     excess of the industry average fee for the date, locale, and 
     structure involved, as determined by the Secretary) for 
     installing the equipment required for residential reception 
     of services provided by a multichannel video programming 
     distributor (as defined in section 602(13) of the 
     Communications Act of 1934 (47 U.S.C. 602(13)); or
       (3) in the purchase of any other device that will enable 
     the household to receive over-the-air digital television 
     broadcast signals, but in an amount not in excess of the 
     average per-household assistance provided under paragraphs 
     (1) and (2).
       (b) Program Criteria.--The Secretary shall ensure that the 
     program established under subsection (a)--
       (1) becomes publicly available no later than January 1, 
     2008;
       (2) gives first priority to assisting lower income 
     households (as determined by the Director of the Bureau of 
     the Census for statistical reporting purposes) who rely 
     exclusively on over-the-air television broadcasts;
       (3) gives second priority to assisting other households who 
     rely exclusively on over-the-air television broadcasts;

[[Page S9965]]

       (4) is technologically neutral; and
       (5) is conducted at the lowest feasible administrative 
     cost.

     SEC. --09. LABEL REQUIREMENT FOR ANALOG TELEVISION SETS.

       (a) In General.--Section 303 of the Communications Act of 
     1934 (47 U.S.C. 303) is amended by adding at the end the 
     following:
       ``(z) Require that any apparatus described in paragraph (s) 
     sold or offered for sale in or affecting interstate commerce 
     after September 30, 2005, that is incapable of receiving and 
     displaying a digital television broadcast signal without the 
     use of an external device that translates digital television 
     broadcast signals into analog television broadcast signals 
     have affixed to it and, if it is sold or offered for sale in 
     a container, affixed to that container, a label that states 
     that the apparatus will be incapable of displaying over-the-
     air television broadcast signals received after December 31, 
     2008, without the purchase of additional equipment.''.
       (b) Shipment Prohibited.--Section 330 of the Communications 
     Act of 1934 (47 U.S.C. 330) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Shipment of Unlabeled Obsolescent Television Sets.--
     No person shall ship in interstate commerce or manufacture in 
     the United States any apparatus described in section 303(s) 
     of this Act except in accordance with rules prescribed by the 
     Commission under section 303(z) of this Act.''.
       (c) Point of Sale Warning.--The Commission, in consultation 
     with the Federal Trade Commission, shall require the display 
     at, or in close proximity to, any commercial retail sales 
     display of television sets described in section 303(z) of the 
     Communications Act of 1934 (47 U.S.C. 303(z)) sold or offered 
     for sale in or affecting interstate commerce after September 
     30, 2005, of a printed notice that clearly and conspicuously 
     states that the sets will be incapable of displaying over-
     the-air television broadcast signals received after December 
     31, 2008, without the purchase or lease of additional 
     equipment.

     SEC. --10. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.

       Within 1 year after the date of enactment of this Act, the 
     Assistant Secretary of Commerce for Communications and 
     Information, after consultation with the Commission, shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce containing recommendations 
     with respect to--
       (1) an effective program to educate consumers about the 
     transition to digital television broadcast signals and the 
     impact of that transition on consumers' choices of equipment 
     to receive such signals;
       (2) the need, if any, for Federal funding for such a 
     program;
       (3) the date of commencement and duration of such a 
     program; and
       (4) what department or agency should have the lead 
     responsibility for conducting such a program.

     SEC. --11. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.

       The Commission shall issue a final decision before--
       (1) January 1, 2005, in the Matter of Carriage of Digital 
     Television Broadcast Signals; Amendments to Part 76 of the 
     Commission's Rules, CS Docket No. 98-120;
       (2) January 1, 2005, in the Matter of Public Interest 
     Obligations of TV Broadcast Licensees, MM Docket No. 99-360; 
     and
       (3) January 1, 2006, in the Implementation of the Satellite 
     Home Viewer Improvement Act of 1999; Local Broadcast Signal 
     Carriage Issues, CS Docket No. 00-96.

     SEC. --12. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Fund.--The term ``Fund'' means the Digital Transition 
     Consumer Assistance Fund established by section 7.
       (3) Secretary.--Except where otherwise expressly provided, 
     the term ``Secretary'' means the Secretary of Commerce.

     SEC. --13. EFFECTIVE DATE.

       This title takes effect on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3767. Mr. LAUTENBERG proposed an amendment to the bill S. 2845, to 
reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; as follows:

       On page 10, line 2, insert ``(1)'' after ``Director.--''.
       On page 10, line 5, insert ``, for a term of up to 5 
     years'' after ``Senate''.
       On page 10, after line 5, insert the following:
       (2) The National Intelligence Director may be reappointed 
     by the President for additional terms of up to 5 years each, 
     by and with the consent of the Senate.
                                 ______
                                 
  SA 3768. Mr. BAUCUS (for himself, Mr. Roberts, Mr. Craig, and Mr. 
Bingaman) submitted an amendment intended to be proposed by him to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following new section:

     SEC. 353. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN 
                   THE OFFICE OF FOREIGN ASSETS CONTROL.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of the Treasury should allocate the resources 
     of the Office of Foreign Assets Control to enforce the 
     economic and trade sanctions of the United States in a manner 
     that enforcing such sanctions--
       (1) against al Qaeda and groups affiliated with al Qaeda is 
     the highest priority of the Office;
       (2) against members of the insurgency in Iraq is the second 
     highest priority of the Office; and
       (3) against Iran is the third highest priority of the 
     Office.
       (b) Requirement for Annual Report.--Not later than 180 days 
     after the date of enactment of this Act, and annually 
     thereafter, the Secretary of the Treasury, in consultation 
     with the National Intelligence Director, shall submit to 
     Congress a report on the allocation of resources within the 
     Office of Foreign Assets Control.
       (c) Content of Annual Report.--An annual report required by 
     subsection (b) shall include--
       (1) a description of--
       (A) the allocation of resources within the Office of 
     Foreign Assets Control to enforce the economic and trade 
     sanctions of the United States against terrorist 
     organizations and targeted foreign countries during the 
     fiscal year prior to the fiscal year in which such report is 
     submitted; and
       (B) the criteria on which such allocation is based;
       (2) a description of any proposed modifications to such 
     allocation; and
       (3) an explanation for any such allocation that is not 
     based on prioritization of threats determined using 
     appropriate criteria, including the likelihood that--
       (A) a terrorist organization or targeted foreign country--
       (i) will sponsor or plan a direct attack against the United 
     States or the interests of the United States; or
       (ii) is participating in or maintaining a nuclear, 
     biological, or chemical weapons development program; or
       (B) a targeted foreign country--
       (i) is financing, or allowing the financing, of a terrorist 
     organization within such country; or
       (ii) is providing safe haven to a terrorist organization 
     within such country.
       (d) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall take effect 
     on the date of the enactment of this Act.
                                 ______
                                 
  SA 3769. 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:

     CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST 
                   STATES; DAMAGES.

       (a) Right of Action.--Section 1605 of title 28, United 
     States Code, is amended--
       (1) in subsection (f), in the first sentence, by inserting 
     ``or (h)'' after ``subsection (a)(7)''; and
       (2) by adding at the end the following:
       ``(h) Certain Actions Against Foreign States or Officials, 
     Employees, or Agents of Foreign States--
       ``(1) Cause of action.--
       ``(A) Cause of action.--A foreign state designated as a 
     state sponsor of terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371), or an official, employee, or agent of such a foreign 
     state, shall be liable to a national of the United States (as 
     that term is defined in section 101(a)(22) of the Immigration 
     and Nationality Act) or the national's legal representative 
     for personal injury or death caused by acts of that foreign 
     state, or by that official, employee, or agent while acting 
     within the scope of his or her office, employment, or agency, 
     for which the courts of the United States may maintain 
     jurisdiction under subsection (a)(7) for money damages. The 
     removal of a foreign state from designation as a state 
     sponsor of terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371) shall not terminate this cause of action.
       ``(B) Discovery.--The provisions of subsection (g) apply to 
     actions brought under subparagraph (A).
       ``(C) Nationality of claimant.--No action shall be 
     maintained under subparagraph (A) arising from acts of a 
     foreign state or an official, employee, or agent of a foreign 
     state if neither the claimant nor the victim was a national 
     of the United States (as that term is defined in section 
     101(a)(22) of the Immigration and Nationality Act) when such 
     acts occurred.
       ``(2) Damages.--In an action brought under paragraph (1) 
     against a foreign state or an official, employee, or agent of 
     a foreign

[[Page S9966]]

     state, the foreign state, official, employee, or agent, as 
     the case may be, may be held liable for money damages in such 
     action, which may include economic damages, solatium, 
     damages for pain and suffering, and, notwithstanding 
     section 1606, punitive damages. In all actions brought 
     under paragraph (1), a foreign state shall be vicariously 
     liable for the actions of its officials, employees, or 
     agents.
       ``(3) Appeals.--An appeal in the courts of the United 
     States in an action brought under paragraph (1) may be made--
       ``(A) only from a final decision under section 1291 of this 
     title, and then only if filed with the clerk of the district 
     court within 30 days after the entry of such final decision; 
     and
       ``(B) in the case of an appeal from an order denying the 
     immunity of a foreign state, a political subdivision thereof, 
     or an agency or instrumentality of a foreign state, only if 
     filed under section 1292 of this title.''.
       (b) Conforming Amendment.--Section 589 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1997, as contained in section 101(a) of 
     Division A of Public Law 104-208 (110 Stat. 3009-172; 28 
     U.S.C. 1605 note), is repealed.

     PROPERTY SUBJECT TO ATTACHMENT EXECUTION.

       Section 1610 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(g) Property Interests in Certain Actions.--
       ``(1) In general.--A property interest of a foreign state, 
     or agency or instrumentality of a foreign state, against 
     which a judgment is entered under section 1605(a)(7), 
     including a property interest that is a separate juridical 
     entity, is subject to execution upon that judgment as 
     provided in this section, regardless of--
       ``(A) the level of economic control over the property 
     interest by the government of the foreign state;
       ``(B) whether the profits of the property interest go to 
     that government;
       ``(C) the degree to which officials of that government 
     manage the property interest or otherwise have a hand in its 
     daily affairs,
       ``(D) whether that government is the real beneficiary of 
     the conduct of the property interest; or
       ``(E) whether establishing the property interest as a 
     separate entity would entitle the foreign state to benefits 
     in United States courts while avoiding its obligations.
       ``(2) U.S. sovereign immunity inapplicable.--Any property 
     interest of a foreign state, or agency or instrumentality of 
     a foreign state, to which paragraph (1) applies shall not be 
     immune from execution upon a judgment entered under section 
     1605(a)(7) because the property interest is regulated by the 
     United States Government by reason of action taken against 
     that foreign state under the Trading With the Enemy Act or 
     the International Emergency Economic Powers Act.''

     APPOINTMENT OF SPECIAL MASTERS.

       (a) Victims of Crime Act.--Section 1404C(a)(3) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is 
     amended by striking ``December 21, 1988, with respect to 
     which an investigation or'' and inserting ``October 23, 1983, 
     with respect to which an investigation or civil or 
     criminal''.
       (b) Justice for Marines.--The Attorney General of the 
     United States is authorized and directed to transfer such 
     Victims of Crime Act Funds to the Administrator of the US 
     District Court for District of Columbia as may be required to 
     carry out the Orders of United States District Judge Royce C. 
     Lamberth appointing Special Masters in the matter of 
     Peterson, et al v. The Islamic Republic of Iran, Case No 
     01CV02094 (RCL)''

     LIS PENDENS.

       (a) In every action filed in a United States Court in which 
     jurisdiction is alleged under 28 U.S.C. Sec. 1605(a)(7) the 
     filing of a ``Notice of Pending Action Pursuant to 28 U.S.C. 
     Sec. 1605(a)(7)'' to which shall be attached a copy of the 
     Complaint filed in the action, shall have the effect of 
     establishing a lien of lis pendens upon any real property or 
     tangible personal property located within that judicial 
     district titled in the name of any defendant or titled in the 
     name of any entity controlled by any such defendant, provided 
     that such notice contains a statement of said entities 
     controlled by any such defendant. A Notice of Pending Action 
     Pursuant to 28 U.S.C. Sec. 1605(a)(7) shall be filed by the 
     Clerk of the District Court in the same manner as any pending 
     action and shall be indexed listing as defendants all named 
     defendants and all entities listed as controlled by any 
     defendant.
       (b) Liens established as provided in this section shall be 
     enforceable as provided by 28 U.S.C. Ch.111.

     APPLICABILITY.

       (a) In General.--The amendments made by this Act apply to 
     any claim for which a foreign state is not immune under 
     section 1605(a)(7) of title 28, United States Code, arising 
     before, on, or after the date of the enactment of this Act.
       (b) Prior Causes of Action-In the case of any action that--
       (1) was brought in a timely manner but was dismissed before 
     the enactment of this Act for failure to state a cause of 
     action, and
       (2) would be cognizable by reason of the amendments made by 
     this Act, the 10-year limitation period provided under 
     section 1605(f) of title 28, United States Code, shall be 
     tolled during the period beginning on the date on which the 
     action was first brought and ending 60 days after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 3770. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, insert the following new title:

            TITLE IV--SAFE STORAGE OF RADIOLOGICAL MATERIALS

     SECTION 401. DISPOSAL OF CERTAIN LOW-LEVEL RADIOACTIVE WASTE.

       (a) Findings.--Congress makes the following findings:
       (1) According to the report of the National Commission on 
     Terrorist Attacks Upon the United States, more than two dozen 
     terrorist groups, including al Qaeda, are pursuing chemical, 
     biological, radiological, and nuclear materials.
       (2) According to the report of the National Commission on 
     Terrorist Attacks Upon the United States, the United States 
     is a prime target for weapons made with chemical, biological, 
     radiological, and nuclear materials.
       (3) The Department of Energy estimates that about 14,000 
     sealed sources of greater-than-Class C low-level radioactive 
     waste (as defined in section 61.55 of title 10, Code of 
     Federal Regulations) will become unwanted and will have to be 
     disposed of through the Offsite Source Recovery Program by 
     2010.
       (4) The Department of Energy--
       (A) does not have the resources or storage facility to 
     recover and store all unwanted sources of greater-than-Class 
     C low-level radioactive waste; and
       (B) has not identified a permanent disposal facility.
       (5) A report by the Government Accountability Office 
     entitled ``Nuclear Proliferation: DOE Action Needed to Ensure 
     Continued Recovery of Unwanted Sealed Radioactive Sources'' 
     states that ``[t]he small size and portability of the sealed 
     sources make them susceptible to misuse, improper disposal, 
     and theft. If these sealed sources fell into the hands of 
     terrorists, they could be used as simple and crude but 
     potentially dangerous radiological weapons, commonly called 
     dirty bombs.''
       (6) The Government Accountability Office report further 
     states that ``[c]ertain sealed sources are considered 
     particularly attractive for potential use in producing dirty 
     bombs because, among other things, they contain more 
     concentrated amounts of nuclear material known as `greater-
     than-Class-C material.'''
       (b) Department of Energy Responsibilities.--
       (1) Designation of responsibility.--The Secretary of Energy 
     shall designate an entity within the Department of Energy to 
     have the responsibility of completing activities needed to 
     develop a facility for safely disposing of all greater-than-
     Class C low-level radioactive waste.
       (2) Consultation with congress.--In developing a plan for a 
     permanent disposal facility for greater-than-Class C low-
     level radioactive waste (including preparation of an 
     environmental impact statement and issuance of a record of 
     decision), the Secretary of Energy shall consult with 
     Congress.
       (c) Reports.--
       (1) Update of 1987 report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to Congress an update of the comprehensive report making 
     recommendations for ensuring the safe disposal of all 
     greater-than-Class C low-level radioactive waste that was 
     submitted by the Secretary to Congress in February 1987.
       (B) Contents.--The update shall contain--
       (i) an identification of the radioactive waste that is to 
     be disposed of (including the source of the waste and the 
     volume, concentration, and other relevant characteristics of 
     the waste);
       (ii) an identification of the Federal and non-Federal 
     options for disposal of the waste;
       (iii) a description of the actions proposed to ensure the 
     safe disposal of the waste;
       (iv) an estimate of the costs of the proposed actions;
       (v) an identification of the options for ensuring that the 
     beneficiaries of the activities resulting in the generation 
     of the radioactive waste bear all reasonable costs of 
     disposing of the waste;
       (vi) an identification of any statutory authority required 
     for disposal of the waste; and
       (vii) in coordination with the Environmental Protection 
     Agency and the Nuclear Regulatory Commission, an 
     identification of any regulatory guidance needed for the 
     disposal of the waste.
       (2) Report on permanent disposal facility.--
       (A) Report on cost and schedule for completion of eis and 
     rod.--Not later than 180 days after the date of submission of 
     the update under paragraph (1), the Secretary of Energy shall 
     submit to Congress a report containing an estimate of the 
     cost and schedule to complete an environmental impact 
     statement and record of decision for a permanent disposal 
     facility for greater-than-Class C radioactive waste.

[[Page S9967]]

       (B) Report on alternatives.--Before the Secretary of Energy 
     makes a final decision on the disposal alternative to be 
     implemented, the Secretary of Energy shall--
       (i) submit to Congress a report that describes all 
     alternatives under consideration; and
       (ii) await action by Congress.
       (3) Report on short-term plan.--
       (A) In general.--Not later than December 31, 2005, the 
     Secretary of Energy shall submit to Congress a plan to ensure 
     the continued recovery and storage of greater-than-Class C 
     low-level radioactive waste until a permanent disposal 
     facility is available.
       (B) Contents.--The plan shall contain estimated cost, 
     resource, and facility needs.
                                 ______
                                 
  SA 3771. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 91, between lines 12 and 13, insert the following:
       (C) Employees of Federally Funded Research and Development 
     Centers (as that term is defined in part 35 of the Federal 
     Acquisition Regulation), including employees of the 
     Department of Energy national laboratories who are associated 
     with field intelligence elements of the Department of Energy, 
     shall be eligible to serve under contract or other mechanism 
     with the National Counterterrorism Center under this 
     paragraph.
       On page 98, between lines 21 and 22, insert the following:
       (C) Employees of Federally Funded Research and Development 
     Centers (as that term is defined in part 35 of the Federal 
     Acquisition Regulation), including employees of the 
     Department of Energy national laboratories who are associated 
     with field intelligence elements of the Department of Energy, 
     shall be eligible to serve under contract or other mechanism 
     with a national intelligence center under this paragraph.
                                 ______
                                 
  SA 3772. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 45, between lines 10 and 11, insert the following:
       (11) The Chief Scientist of the National Intelligence 
     Authority.
       On page 45, line 11, strike ``(11)'' and insert ``(12)''.
       On page 45, line 14, strike ``(12)'' and insert ``(13)''.
       On page 59, between lines 14 and 15, insert the following:

     SEC. 131. CHIEF SCIENTIST OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

       (a) Chief Scientist of National Intelligence Authority.--
     There is a Chief Scientist of the National Intelligence 
     Authority who shall be appointed by the National Intelligence 
     Director.
       (b) Requirement Relating to Appointment.--An individual 
     appointed as Chief Scientist of the National Intelligence 
     Authority shall have a professional background and experience 
     appropriate for the duties of the Chief Scientist.
       (c) Duties.--The Chief Scientist of the National 
     Intelligence Authority shall--
       (1) act as the chief representative of the National 
     Intelligence Director for science and technology;
       (2) chair the National Intelligence Authority Science and 
     Technology Committee under subsection (d);
       (3) assist the Director in formulating a long-term strategy 
     for scientific advances in the field of intelligence;
       (4) assist the Director on the science and technology 
     elements of the budget of the National Intelligence 
     Authority; and
       (5) perform other such duties as may be prescribed by 
     Director or by law.
       (d) National Intelligence Authority Science and Technology 
     Committee.--(1) There is within the Office of the Chief 
     Scientist of the National Intelligence Authority a National 
     Intelligence Authority Science and Technology Committee.
       (2) The Committee shall be composed of composed of the 
     principal science officers of the National Intelligence 
     Program.
       (3) The Committee shall--
       (A) coordinate advances in research and development related 
     to intelligence; and
       (B) perform such other functions as the Chief Scientist of 
     the National Intelligence Authority shall prescribe.
       On page 59, line 15, strike ``131.'' and insert ``132.''.
       On page 202, line 16, strike ``131(b)'' and insert 
     ``132(b)''.
                                 ______
                                 
  SA 3773. Mr. BURNS proposed an amendment to amendment SA 3766 
proposed by Mr. McCain 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:

                  TITLE      --PUBLIC SAFETY SPECTRUM

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

       (a) Short Title.--This title may be cited as the ``Spectrum 
     Availability for Emergency-Response and Law-Enforcement To 
     Improve Vital Emergency Services Act'' or the ``SAVE LIVES 
     Act''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. --01. Short title; table of contents.
Sec. --02. Findings.
Sec. --03. Setting a specific date for the availability of spectrum for 
              public safety organizations and creating a deadline for 
              the transition to digital television.
Sec. --04. Studies of communications capabilities and needs.
Sec. --05. Statutory authority for the Department of Homeland 
              Security's ``SAFECOM'' program.
Sec. --06. Grant program to provide enhanced interoperability of 
              communications for first responders.
Sec. --07. Digital transition public safety communications grant and 
              consumer assistance fund.
Sec. --08. Digital transition program.
Sec. --09. FCC authority to require label requirement for analog 
              television sets.
Sec. --10. Report on consumer education program requirements.
Sec. --11. FCC to issue decision in certain proceedings.
Sec. --12. Definitions.
Sec. --13. Effective date.

     SEC. --02. FINDINGS.

       The Congress finds the following:
       (1) In its final report, the 9-11 Commission advocated that 
     Congress pass legislation providing for the expedited and 
     increased assignment of radio spectrum for public safety 
     purposes. The 9-11 Commission stated that this spectrum was 
     necessary to improve communications between local, State and 
     Federal public safety organizations and public safety 
     organizations operating in neighboring jurisdictions that may 
     respond to an emergency in unison.
       (2) Specifically, the 9-11 Commission report stated ``The 
     inability to communicate was a critical element at the World 
     Trade Center, Pentagon and Somerset County, Pennsylvania, 
     crash sites, where multiple agencies and multiple 
     jurisdictions responded. The occurrence of this problem at 
     three very different sites is strong evidence that compatible 
     and adequate communications among public safety organizations 
     at the local, State, and Federal levels remains an important 
     problem.''.
       (3) In the Balanced Budget Act of 1997, the Congress 
     directed the FCC to allocate spectrum currently being used by 
     television broadcasters to public safety agencies to use for 
     emergency communications. This spectrum has specific 
     characteristics that make it an outstanding choice for 
     emergency communications because signals sent over these 
     frequencies are able to penetrate walls and travel great 
     distances, and can assist multiple jurisdictions in deploying 
     interoperable communications systems.
       (4) This spectrum will not be fully available to public 
     safety agencies until the completion of the digital 
     television transition. The need for this spectrum is greater 
     than ever. The nation cannot risk further loss of life due to 
     public safety agencies' first responders' inability to 
     communicate effectively in the event of another terrorist act 
     or other crisis, such as a hurricane, tornado, flood, or 
     earthquake.
       (5) In the Balanced Budget Act of 1997, Congress set a date 
     of December 31, 2006, for the termination of the digital 
     television transition. Under current law, however, the 
     deadline will be extended if fewer than 85 percent of the 
     television households in a market are able to continue 
     receiving local television broadcast signals.
       (6) Federal Communications Commission Chairman Michael K. 
     Powell testified at a hearing before the Senate Commerce, 
     Science, and Transportation Committee on September 8, 2004, 
     that, absent government action, this extension may allow the 
     digital television transition to continue for ``decades'' or 
     ``multiples of decades''.
       (7) The Nation's public safety and welfare cannot be put 
     off for ``decades'' or ``multiples of decades''. The Federal 
     government should ensure that this spectrum is available for 
     use by public safety organizations by January 1, 2009.
       (8) Any plan to end the digital television transition would 
     be incomplete if it did not ensure that consumers would be 
     able to continue to enjoy over-the-air broadcast television 
     with minimal disruption. If broadcasters air only a digital 
     signal, some consumers may be unable to view digital 
     transmissions using their analog-only television set. Local 
     broadcasters are truly an important part of our homeland 
     security and often an important communications vehicle in the 
     event of a national emergency. Therefore, consumers who rely 
     on over-the-air television, particularly those of limited 
     economic means, should be assisted.
       (9) The New America Foundation has testified before 
     Congress that the cost to assist these 17.4 million 
     exclusively over-the-air households to continue to view 
     television is less than $1 billion dollars for equipment, 
     which equates to roughly 3 percent of the Federal revenue 
     likely from the auction of the analog television spectrum.

[[Page S9968]]

       (10) Specifically, the New America Foundation has estimated 
     that the Federal Government's auction of this spectrum could 
     yield $30-to-$40 billion in revenue to the Treasury. Chairman 
     Powell stated at the September 8, 2004, hearing that 
     ``estimates of the value of that spectrum run anywhere from 
     $30 billion to $70 billion''.
       (11) Additionally, there will be societal benefits with the 
     return of the analog broadcast spectrum. Former FCC Chairman 
     Reed F. Hundt, at an April 28, 2004, hearing before the 
     Senate Commerce, Science, and Transportation Committee, 
     testified that this spectrum ``should be the fit and proper 
     home of wireless broadband''. Mr. Hundt continued, ``Quite 
     literally, [with this spectrum] the more millions of people 
     in rural America will be able to afford Big Broadband 
     Internet access, the more hundreds of millions of people in 
     the world will be able to afford joining the Internet 
     community.''.
       (12) Due to the benefits that would flow to the Nation's 
     citizens from the Federal Government reclaiming this analog 
     television spectrum--including the safety of our Nation's 
     first responders and those protected by first responders, 
     additional revenues to the Federal treasury, millions of new 
     jobs in the telecommunications sector of the economy, and 
     increased wireless broadband availability to our Nation's 
     rural citizens--Congress finds it necessary to set January 1, 
     2009, as a firm date for the return of this analog television 
     spectrum.

     SEC. 3. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF 
                   SPECTRUM FOR PUBLIC SAFETY ORGANIZATIONS AND 
                   CREATING A DEADLINE FOR THE TRANSITION TO 
                   DIGITAL TELEVISION.

       (a) In General.--Section 309(j)(14) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(14)) is amended--
       (5) by adding at the end the following:
       ``(E) Acceleration of deadline for public safety use.--
       ``(i) Notwithstanding subparagraph (A) and (B), the 
     Commission shall take all action necessary to complete by 
     December 31, 2007--

       ``(I) the return of television station licenses operating 
     on channels between 764 and 776 megaHertz and between 794 and 
     806 megaHertz; and
       ``(II) assignment of the electromagnetic spectrum between 
     764 and 776 megahertz, and between 794 and 806 megahertz, for 
     public safety services.

       ``(ii) Notwithstanding subparagraphs (A) and (B), the 
     Commission shall have the authority to modify, reassign, or 
     require the return of, the television station licenses 
     assigned to frequencies between 758 and 764 megahertz, 776 
     and 782 megahertz, and 788 and 794 megahertz as necessary to 
     permit operations by public safety services on frequencies 
     between 764 and 776 megahertz and between 794 and 806 
     megahertz, after the date of enactment of the this section, 
     but such modifications, reassignments, or returns may not 
     take effect until after December 31, 2007.''.
     (b) The FCC may waive the requirements of sections (i) and 
     (ii) and such other rules as necessary:
       (A) in the absence of a bona fide request from relevant 
     first responders in the affected designated market area; and;
       (B) to the extent necessary to avoid consumer disruption 
     but only if all relevant public safety entities are able to 
     use such frequencies free of interference by December 31, 
     2007, or are otherwise able to resolve interference issues 
     with relevant broadcast licensee by mutual agreement.''

     SEC. --04. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.

       (a) In General.--The Commission, in consultation with the 
     Secretary of Homeland Security, shall conduct a study to 
     assess strategies that may be used to meet public safety 
     communications needs, including--
       (1) the short-term and long-term need for additional 
     spectrum allocation for Federal, State, and local first 
     responders, including an additional allocation of spectrum in 
     the 700 megaHertz band;
       (2) the need for a nationwide interoperable broadband 
     mobile communications network;
       (3) the ability of public safety entities to utilize 
     wireless broadband applications; and
       (4) the communications capabilities of first receivers such 
     as hospitals and health care workers, and current efforts to 
     promote communications coordination and training among the 
     first responders and the first receivers.
       (b) Reallocation Study.--The Commission shall conduct a 
     study to assess the advisability of reallocating any amount 
     of spectrum in the 700 megaHertz band for unlicensed 
     broadband uses. In the study, the Commission shall consider 
     all other possible users of this spectrum, including public 
     safety.
       (c) Report.--The Commission shall report the results of the 
     studies, together with any recommendations it may have, to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Energy and 
     Commerce within 1 year after the date of enactment of this 
     Act.

     SEC. --05. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND 
                   SECURITY'S ``SAFECOM'' PROGRAM.

       Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 
     182) is amended--
       (1) by inserting ``(a) In General.--'' before ``The''; and
       (2) by adding at the end the following:
       ``(b) SAFECOM Authorized.--
       ``(1) In general.--In carrying out subsection (a), the 
     Under Secretary shall establish a program to address the 
     interoperability of communications devices used by Federal, 
     State, tribal, and local first responders, to be known as the 
     Wireless Public Safety Interoperability Communications 
     Program, or `SAFECOM'. The Under Secretary shall coordinate 
     the program with the Director of the Department of Justice's 
     Office of Science and Technology and all other Federal 
     programs engaging in communications interoperability 
     research, development, and funding activities to ensure that 
     the program takes into account, and does not duplicate, those 
     programs or activities.
       ``(2) Components.--The program established under paragraph 
     (1) shall be designed--
       ``(A) to provide research on the development of a 
     communications system architecture that would ensure the 
     interoperability of communications devices among Federal, 
     State, tribal, and local officials that would enhance the 
     potential for a coordinated response to a national emergency;
       ``(B) to support the completion and promote the adoption of 
     mutually compatible voluntary consensus standards developed 
     by a standards development organization accredited by the 
     American National Standards Institute to ensure such 
     interoperability; and
       ``(C) to provide for the development of a model strategic 
     plan that could be used by any State or region in developing 
     its communications interoperability plan.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this subsection--
       ``(A) $22,105,000 for fiscal year 2005;
       ``(B) $22,768,000 for fiscal year 2006;
       ``(C) $23,451,000 for fiscal year 2007;
       ``(D) $24,155,000 for fiscal year 2008; and
       ``(E) $24,879,000 for fiscal year 2009.
       ``(c) National Baseline Study of Public Safety 
     Communications Interoperability.--By December 31, 2005, the 
     Under Secretary of Homeland Security for Science and 
     Technology shall complete a study to develop a national 
     baseline for communications interoperability and develop 
     common grant guidance for all Federal grant programs that 
     provide communications-related resources or assistance to 
     State and local agencies, any Federal programs conducting 
     demonstration projects, providing technical assistance, 
     providing outreach services, providing standards development 
     assistance, or conducting research and development with the 
     public safety community with respect to wireless 
     communications. The Under Secretary shall transmit a report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce containing the Under Secretary's 
     findings, conclusions, and recommendations from the study.''.

     SEC. --06. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY 
                   OF COMMUNICATIONS FOR FIRST RESPONDERS.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a program to help State, local, tribal, and 
     regional first responders acquire and deploy interoperable 
     communications equipment, purchase such equipment, and train 
     personnel in the use of such equipment. The Secretary, in 
     cooperation with the heads of other Federal departments and 
     agencies who administer programs that provide communications-
     related assistance programs to State, local, and tribal 
     public safety organizations, shall develop and implement 
     common standards to the greatest extent practicable.
       (b) Applications.--To be eligible for assistance under the 
     program, a State, local, tribal, or regional first responder 
     agency shall submit an application, at such time, in such 
     form, and containing such information as the Under Secretary 
     of Homeland Security for Science and Technology may require, 
     including--
       (1) a detailed explanation of how assistance received under 
     the program would be used to improve local communications 
     interoperability and ensure interoperability with other 
     appropriate Federal, State, local, tribal, and regional 
     agencies in a regional or national emergency;
       (2) assurance that the equipment and system would--
       (A) not be incompatible with the communications 
     architecture developed under section 302(b)(2)(A) of the 
     Homeland Security Act of 2002;
       (B) would meet any voluntary consensus standards developed 
     under section 302(b)(2)(B) of that Act; and
       (C) be consistent with the common grant guidance 
     established under section 302(b)(3) of the Homeland Security 
     Act of 2002.
       (c) Grants.--The Under Secretary shall review applications 
     submitted under subsection (b). The Secretary, pursuant to an 
     application approved by the Under Secretary, may make the 
     assistance provided under the program available in the form 
     of a single grant for a period of not more than 3 years.

     SEC. --07. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS 
                   GRANT AND CONSUMER ASSISTANCE FUND.

       (a) In General.--There is established on the books of the 
     Treasury a separate fund to be known as the ``Digital 
     Transition Consumer Assistance Fund'', which shall be 
     administered by the Secretary, in consultation with the 
     Assistant Secretary of Commerce for Communications and 
     Information.
       (b) Crediting of Receipts.--The Fund shall be credited with 
     the amount specified

[[Page S9969]]

     in section 309(j)(8)(D) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(8)(D)).
       (c) Fund Availability.--
       (1) Appropriations.--
       (A) Consumer assistance program.--There are appropriated to 
     the Secretary from the Fund such sums, not to exceed 
     $1,000,000,000, as are required to carry out the program 
     established under section 8 of this Act.
       (B) PSO grant program.--To the extent that amounts 
     available in the Fund exceed the amount required to carry out 
     that program, there are authorized to be appropriated to the 
     Secretary of Homeland Security, such sums as are required to 
     carry out the program established under section 6 of this 
     Act, not to exceed an amount, determined by the Director of 
     the Office of Management and Budget, on the basis of the 
     findings of the National Baseline Interoperability study 
     conducted by the SAFECOM Office of the Department of Homeland 
     Security.
       (2) Reversion of unused funds.--Any auction proceeds in the 
     Fund that are remaining after the date on which the programs 
     under section 6 and 8 of this Act terminate, as determined by 
     the Secretary of Homeland Security and the Secretary of 
     Commerce respectively, shall revert to and be deposited in 
     the general fund of the Treasury.
       (d) Deposit of Auction Proceeds.--Paragraph (8) of section 
     309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) 
     is amended--
       (1) by inserting ``or subparagraph (D)'' in subparagraph 
     (A) after ``subparagraph (B)''; and
       (2) by adding at the end the following new subparagraph:
       ``(D) Disposition of cash proceeds from auction of channels 
     52 through 69.--Cash proceeds attributable to the auction of 
     any eligible frequencies between 698 and 806 megaHertz on the 
     electromagnetic spectrum conducted after the date of 
     enactment of the SAVE LIVES Act shall be deposited in the 
     Digital Transition Consumer Assistance Fund established under 
     section 7 of that Act.''.

     SEC. --08. DIGITAL TRANSITION PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Commission and the Director of the Office of Management and 
     Budget, shall establish a program to assist households--
       (1) in the purchase or other acquisition of digital-to-
     analog converter devices that will enable television sets 
     that operate only with analog signal processing to continue 
     to operate when receiving a digital signal;
       (2) in the payment of a one-time installation fee (not in 
     excess of the industry average fee for the date, locale, and 
     structure involved, as determined by the Secretary) for 
     installing the equipment required for residential reception 
     of services provided by a multichannel video programming 
     distributor (as defined in section 602(13) of the 
     Communications Act of 1934 (47 U.S.C. 602(13)); or
       (3) in the purchase of any other device that will enable 
     the household to receive over-the-air digital television 
     broadcast signals, but in an amount not in excess of the 
     average per-household assistance provided under paragraphs 
     (1) and (2).
       (b) Program Criteria.--The Secretary shall ensure that the 
     program established under subsection (a)--
       (1) becomes publicly available no later than January 1, 
     2008;
       (2) gives first priority to assisting lower income 
     households (as determined by the Director of the Bureau of 
     the Census for statistical reporting purposes) who rely 
     exclusively on over-the-air television broadcasts;
       (3) gives second priority to assisting other households who 
     rely exclusively on over-the-air television broadcasts;
       (4) is technologically neutral; and
       (5) is conducted at the lowest feasible administrative 
     cost.

     SEC. --09. FCC AUTHORITY TO REQUIRE LABEL REQUIREMENT FOR 
                   ANALOG TELEVISION SETS.

       (a) In General.--Section 303 of the Communications Act of 
     1934 (47 U.S.C. 303) is amended by adding at the end the 
     following:
       ``(z) If the Commission acts to set a hard deadline for the 
     return of analog spectrum pursuant to Section 309(j)(14), it 
     shall have the authority to require that any apparatus 
     described in paragraph (s) sold or offered for sale in or 
     affecting interstate commerce that is incapable of receiving 
     and displaying a digital television broadcast signal without 
     the use of an external device that translates digital 
     television broadcast signals into analog television broadcast 
     signals have affixed to it and, if it is sold or offered for 
     sale in a container, affixed to that container, a label that 
     states that the apparatus will be incapable of displaying 
     over-the-air television broadcast signals received after a 
     date determined by the FCC, without the purchase of 
     additional equipment.''.
       (c) Point of Sale Warning.--If the Commission acts to set a 
     hard deadline for the return of analog spectrum pursuant to 
     Section 309 (j)(14), then the Commission, in consultation 
     with the Federal Trade Commission, shall have the authority 
     to require the display at, or in close proximity to, any 
     commercial retail sales display of television sets described 
     in section 303(z) of the Communications Act of 1934 (47 
     U.S.C. 303(z)) sold or offered for sale in or affecting 
     interstate commerce after a date determined by the 
     Commission, of a printed notice that clearly and 
     conspicuously states that the sets will be incapable of 
     displaying over-the-air television broadcast signals received 
     after the hard deadline established by the Commission, 
     without the purchase or lease of additional equipment.

     SEC. --10. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.

       Within 1 year after the date of enactment of this Act, the 
     Assistant Secretary of Commerce for Communications and 
     Information, after consultation with the Commission, shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Energy and Commerce containing recommendations 
     with respect to--
       (1) an effective program to educate consumers about the 
     transition to digital television broadcast signals and the 
     impact of that transition on consumers' choices of equipment 
     to receive such signals;
       (2) the need, if any, for Federal funding for such a 
     program;
       (3) the date of commencement and duration of such a 
     program; and
       (4) what department or agency should have the lead 
     responsibility for conducting such a program.

     SEC. --11. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.

       The Commission shall issue a final decision before--
       (1) January 1, 2005, in the Matter of Carriage of Digital 
     Television Broadcast Signals; Amendments to Part 76 of the 
     Commission's Rules, CS Docket No. 98-120;
       (2) January 1, 2005, in the Matter of Public Interest 
     Obligations of TV Broadcast Licensees, MM Docket No. 99-360; 
     and
       (3) January 1, 2006, in the Implementation of the Satellite 
     Home Viewer Improvement Act of 1999; Local Broadcast Signal 
     Carriage Issues, CS Docket No. 00-96.

     SEC. --12. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Fund.--The term ``Fund'' means the Digital Transition 
     Consumer Assistance Fund established by section 7.
       (3) Secretary.--Except where otherwise expressly provided, 
     the term ``Secretary'' means the Secretary of Commerce.

     SEC. --13. EFFECTIVE DATE.

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

                                 ______
                                 
  SA 3774. Mr. McCAIN (for himself and Mr. Lieberman) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

                        TITLE--NATIONAL PREPAREDNESS

     SEC. --01. THE INCIDENT COMMAND SYSTEM.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) The attacks on September 11, 2001, demonstrated that 
     even the most robust emergency response capabilities can be 
     overwhelmed if an attack is large enough.
       (2) Teamwork, collaboration, and cooperation at an incident 
     site are critical to a successful response to a terrorist 
     attack.
       (3) Key decision makers who are represented at the incident 
     command level help to ensure an effective response, the 
     efficient use of resources, and responder safety.
       (4) Regular joint training at all levels is essential to 
     ensuring close coordination during an actual incident.
       (5) Beginning with fiscal year 2005, the Department of 
     Homeland Security is requiring that entities adopt the 
     Incident Command System and other concepts of the National 
     Incident Management System in order to qualify for funds 
     distributed by the Office of State and Local Government 
     Coordination and Preparedness.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) emergency response agencies nationwide should adopt the 
     Incident Command System;
       (2) when multiple agencies or multiple jurisdictions are 
     involved, they should follow a unified command system; and
       (3) the Secretary of Homeland Security should require, as a 
     further condition of receiving homeland security preparedness 
     funds from the Office of State and Local Government 
     Coordination and Preparedness, that grant applicants document 
     measures taken to fully and aggressively implement the 
     Incident Command System and unified command procedures.

     SEC. --02. NATIONAL CAPITAL REGION MUTUAL AID.

       (a) Definitions.--In this section:
       (1) Authorized representative of the federal government.--
     The term ``authorized representative of the Federal 
     Government'' means any individual or individuals designated 
     by the President with respect to the executive branch, the 
     Chief Justice with respect to the Federal judiciary, or the 
     President of the Senate and Speaker of the House of 
     Representatives with respect to Congress, or their designees, 
     to request assistance under a Mutual Aid Agreement for an 
     emergency or public service event.

[[Page S9970]]

       (2) Chief operating officer.--The term ``chief operating 
     officer'' means the official designated by law to declare an 
     emergency in and for the locality of that chief operating 
     officer.
       (3) Emergency.--The term ``emergency'' means a major 
     disaster or emergency declared by the President, or a state 
     of emergency declared by the Mayor of the District of 
     Columbia, the Governor of the State of Maryland or the 
     Commonwealth of Virginia, or the declaration of a local 
     emergency by the chief operating officer of a locality, or 
     their designees, that triggers mutual aid under the terms of 
     a Mutual Aid Agreement.
       (4) Employee.--The term ``employee'' means the employees of 
     the party, including its agents or authorized volunteers, who 
     are committed in a Mutual Aid Agreement to prepare for or who 
     respond to an emergency or public service event.
       (5) Locality.--The term ``locality'' means a county, city, 
     or town within the State of Maryland or the Commonwealth of 
     Virginia and within the National Capital Region.
       (6) Mutual aid agreement.--The term ``Mutual Aid 
     Agreement'' means an agreement, authorized under subsection 
     (b) for the provision of police, fire, rescue and other 
     public safety and health or medical services to any party to 
     the agreement during a public service event, an emergency, or 
     preplanned training event.
       (7) National capital region or region.--The term ``National 
     Capital Region'' or ``Region'' means the area defined under 
     section 2674(f)(2) of title 10, United States Code, and those 
     counties with a border abutting that area and any 
     municipalities therein.
       (8) Party.--The term ``party'' means the State of Maryland, 
     the Commonwealth of Virginia, the District of Columbia, and 
     any of the localities duly executing a Mutual Aid Agreement 
     under this section.
       (9) Public service event.--The term ``public service 
     event''
       (A) means any undeclared emergency, incident or situation 
     in preparation for or response to which the Mayor of the 
     District of Columbia, an authorized representative of the 
     Federal Government, the Governor of the State of Maryland, 
     the Governor of the Commonwealth of Virginia, or the chief 
     operating officer of a locality in the National Capital 
     Region, or their designees, requests or provides assistance 
     under a Mutual Aid Agreement within the National Capital 
     Region; and
       (B) includes Presidential inaugurations, public gatherings, 
     demonstrations and protests, and law enforcement, fire, 
     rescue, emergency health and medical services, 
     transportation, communications, public works and engineering, 
     mass care, and other support that require human resources, 
     equipment, facilities or services supplemental to or greater 
     than the requesting jurisdiction can provide.
       (10) State.--The term ``State'' means the State of 
     Maryland, the Commonwealth of Virginia, and the District of 
     Columbia.
       (11) Training.--The term ``training'' means emergency and 
     public service event-related exercises, testing, or other 
     activities using equipment and personnel to simulate 
     performance of any aspect of the giving or receiving of aid 
     by National Capital Region jurisdictions during emergencies 
     or public service events, such actions occurring outside 
     actual emergency or public service event periods.
       (b) Mutual Aid Authorized.--
       (1) In general.--The Mayor of the District of Columbia, any 
     authorized representative of the Federal Government, the 
     Governor of the State of Maryland, the Governor of the 
     Commonwealth of Virginia, or the chief operating officer of a 
     locality, or their designees, acting within his or her 
     jurisdictional purview, may, subject to State law, enter 
     into, request or provide assistance under Mutual Aid 
     Agreements with localities, the Washington Metropolitan Area 
     Transit Authority, the Metropolitan Washington Airports 
     Authority, and any other governmental agency or authority 
     for--
       (A) law enforcement, fire, rescue, emergency health and 
     medical services, transportation, communications, public 
     works and engineering, mass care, and resource support in an 
     emergency or public service event;
       (B) preparing for, mitigating, managing, responding to or 
     recovering from any emergency or public service event; and
       (C) training for any of the activities described under 
     subparagraphs (A) and (B).
       (2) Facilitating localities.--The State of Maryland and the 
     Commonwealth of Virginia are encouraged to facilitate the 
     ability of localities to enter into interstate Mutual Aid 
     Agreements in the National Capital Region under this section.
       (3) Application and effect.--This section--
       (A) does not apply to law enforcement security operations 
     at special events of national significance under section 
     3056(e) of title 18, United States Code, or other law 
     enforcement functions of the United States Secret Service;
       (B) does not diminish any authorities, express or implied, 
     of Federal agencies to enter into Mutual Aid Agreements in 
     furtherance of their Federal missions; and
       (C) does not--
       (i) preclude any party from entering into supplementary 
     Mutual Aid Agreements with fewer than all the parties, or 
     with another party; or
       (ii) affect any other agreement in effect before the date 
     of enactment of this Act among the States and localities, 
     including the Emergency Management Assistance Compact.
       (4) Rights described.--Other than as described in this 
     section, the rights and responsibilities of the parties to a 
     Mutual Aid Agreement entered into under this section shall be 
     as described in the Mutual Aid Agreement.
       (c) District of Columbia.--
       (1) In general.--The District of Columbia may purchase 
     liability and indemnification insurance or become self 
     insured against claims arising under a Mutual Aid Agreement 
     authorized under this section.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     paragraph (1).
       (d) Liability and Actions at Law.--
       (1) In general.--Any responding party or its officers or 
     employees rendering aid or failing to render aid to the 
     District of Columbia, the Federal Government, the State of 
     Maryland, the Commonwealth of Virginia, or a locality, under 
     a Mutual Aid Agreement authorized under this section, and any 
     party or its officers or employees engaged in training 
     activities with another party under such a Mutual Aid 
     Agreement, shall be liable on account of any act or omission 
     of its officers or employees while so engaged or on account 
     of the maintenance or use of any related equipment, 
     facilities, or supplies, but only to the extent permitted 
     under the laws and procedures of the State of the party 
     rendering aid.
       (2) Actions.--Any action brought against a party or its 
     officers or employees on account of an act or omission in the 
     rendering of aid to the District of Columbia, the Federal 
     Government, the State of Maryland, the Commonwealth of 
     Virginia, or a locality, or failure to render such aid or on 
     account of the maintenance or use of any related equipment, 
     facilities, or supplies may be brought only under the laws 
     and procedures of the State of the party rendering aid and 
     only in the Federal or State courts located therein. Actions 
     against the United States under this section may be brought 
     only in Federal courts.
       (3) Good faith exception.--
       (A) Definition.--In this paragraph, the term ``good faith'' 
     shall not include willful misconduct, gross negligence, or 
     recklessness.
       (B) Exception.--No State or locality, or its officers or 
     employees, rendering aid to another party, or engaging in 
     training, under a Mutual Aid Agreement shall be liable under 
     Federal law on account of any act or omission performed in 
     good faith while so engaged, or on account of the maintenance 
     or use of any related equipment, facilities, or supplies 
     performed in good faith.
       (4) Immunities.--This section shall not abrogate any other 
     immunities from liability that any party has under any other 
     Federal or State law.
       (d) Workers Compensation.--
       (1) Compensation.--Each party shall provide for the payment 
     of compensation and death benefits to injured members of the 
     emergency forces of that party and representatives of 
     deceased members of such forces if such members sustain 
     injuries or are killed while rendering aid to the District of 
     Columbia, the Federal Government, the State of Maryland, the 
     Commonwealth of Virginia, or a locality, under a Mutual Aid 
     Agreement, or engaged in training activities under a Mutual 
     Aid Agreement, in the same manner and on the same terms as if 
     the injury or death were sustained within their own 
     jurisdiction.
       (2) Other state law.--No party shall be liable under the 
     law of any State other than its own for providing for the 
     payment of compensation and death benefits to injured members 
     of the emergency forces of that party and representatives of 
     deceased members of such forces if such members sustain 
     injuries or are killed while rendering aid to the District of 
     Columbia, the Federal Government, the State of Maryland, the 
     Commonwealth of Virginia, or a locality, under a Mutual Aid 
     Agreement or engaged in training activities under a Mutual 
     Aid Agreement.
       (e) Licenses and Permits.--If any person holds a license, 
     certificate, or other permit issued by any responding party 
     evidencing the meeting of qualifications for pro fessional, 
     mechanical, or other skills and assistance is requested by a 
     receiving jurisdiction, such person will be deemed licensed, 
     certified, or permitted by the receiving jurisdiction to 
     render aid involving such skill to meet a public service 
     event, emergency or training for any such events.

     SEC.--03. URBAN AREA COMMUNICATIONS CAPABILITIES.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.

       ``The Secretary, in consultation with the Federal 
     Communications Commission and the Secretary of Defense, and 
     with appropriate governors, mayors, and other State and local 
     government officials, shall encourage and support the 
     establishment of consistent and effective communications 
     capabilities in the event of an emergency in urban areas 
     determined by the Secretary to be at consistently high 
     levels of risk from terrorist attack. Such communications 
     capabilities shall ensure the ability of all levels of 
     government agencies, including military authorities, and 
     of first responders, hospitals, and other organizations 
     with emergency response capabilities to communicate

[[Page S9971]]

     with each other in the event of an emergency. 
     Additionally, the Secretary, in conjunction with the 
     Secretary of Defense, shall develop plans to provide back-
     up and additional communications support in the event of 
     an emergency.''.
       (b) Technical and Conforming Amendment.--Section 1(b) of 
     that Act is amended by inserting after the item relating to 
     section 509 the following:

``Sec. 510. High risk urban area communications capabilities.''

     SEC.--04. PRIVATE SECTOR PREPAREDNESS.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) Private sector organizations own 85 percent of the 
     Nation's critical infrastructure and employ the vast majority 
     of the Nation's workers.
       (2) Unless a terrorist attack targets a military or other 
     secure government facility, the first people called upon to 
     respond will likely be civilians.
       (3) Despite the exemplary efforts of some private entities, 
     the private sector remains largely unprepared for a terrorist 
     attack, due in part to the lack of a widely accepted standard 
     for private sector preparedness.
       (4) Preparedness in the private sector and public sector 
     for rescue, restart and recovery of operations should 
     include--
       (A) a plan for evacuation;
       (B) adequate communications capabilities; and
       (C) a plan for continuity of operations.
       (5) The American National Standards Institute recommends a 
     voluntary national preparedness standard for the private 
     sector based on the existing American National Standard on 
     Disaster/Emergency Management and Business Continuity 
     Programs (NFPA 1600), with appropriate modifications. This 
     standard would establish a common set of criteria and 
     terminology for preparedness, disaster management, emergency 
     management, and business continuity programs.
       (6) The mandate of the Department of Homeland Security 
     extends to working with the private sector, as well as 
     government entities.
       (b) Private Sector Preparedness Program.--
       (1) In general.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.), as amended by section 805, is 
     amended by adding at the end the following:

     ``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.

       ``The Secretary shall establish a program to promote 
     private sector preparedness for terrorism and other 
     emergencies, including promoting the adoption of a voluntary 
     national preparedness standard such as the private sector 
     preparedness standard developed by the American National 
     Standards Institute and based on the National Fire Protection 
     Association 1600 Standard on Disaster/Emergency Management 
     and Business Continuity Programs.''.
       (2) Technical and conforming amendment.--Section 1(b) of 
     that Act, as amended by section 805, is amended by inserting 
     after the item relating to section 510 the following:

``Sec. 511. Private sector preparedness program.''.

       (c) Sense of Congress.--It is the sense of Congress that 
     insurance and credit-rating industries should consider 
     compliance with the voluntary national preparedness standard, 
     the adoption of which is promoted by the Secretary of 
     Homeland Security under section 511 of the Homeland Security 
     Act of 2002, as added by subsection (b), in assessing 
     insurability and credit worthiness.

     SEC. --05. CRITICAL INFRASTRUCTURE AND READINESS AS 
                   SESSMENTS.

       (a) Findings.--Congress finds the following:
       (1) Under section 201 of the Homeland Security Act of 2002 
     (6 U.S.C 121), the Department of Homeland Security, through 
     the Under Secretary for Information Analysis and 
     Infrastructure Protection, has the responsibility--
       (A) to carry out comprehensive assessments of the 
     vulnerabilities of the key resources and critical 
     infrastructure of the United States, including the 
     performance of risk assessments to determine the risks posed 
     by particular types of terrorist attacks within the United 
     States;
       (B) to identify priorities for protective and supportive 
     measures; and
       (C) to develop a comprehensive national plan for securing 
     the key resources and critical infrastructure of the United 
     States.
       (2) Under Homeland Security Presidential Directive 7, 
     issued on December 17, 2003, the Secretary of Homeland 
     Security was given 1 year to develop a comprehensive plan to 
     identify, prioritize, and coordinate the protection of 
     critical infrastructure and key resources.
       (3) Consistent with the report of the National Commission 
     on Terrorist Attacks Upon the United States, the Secretary of 
     Homeland Security should--
       (A) identify those elements of the United States' 
     transportation, energy, communications, financial, and other 
     institutions that need to be protected;
       (B) develop plans to protect that infrastructure; and
       (C) exercise mechanisms to enhance preparedness.
       (b) Reports on Risk Assessment and Readiness.--Not later 
     than 180 days after the date of enactment of this Act and 
     annually thereafter, the Secretary of Homeland Security shall 
     submit a report to Congress on--
       (1) the Department of Homeland Security's progress in 
     completing vulnerability and risk assessments of the Nation's 
     critical infrastructure;
       (2) the adequacy of the Government's plans to protect such 
     infrastructure; and
       (3) the readiness of the Government to respond to threats 
     against the United States.

     SEC. --06. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE 
                   UNITED STATES HOMELAND.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) The Department of Defense has primary responsibility 
     for the military defense of the United States.
       (2) Prior to September 11, 2001, the North American 
     Aerospace Defense Command (NORAD), which had responsibility 
     for defending United States airspace, focused on threats 
     coming from outside the borders of the United States.
       (3) The United States Northern Command has been established 
     to assume responsibility for the military defense of the 
     United States, as well as to provide military support to 
     civil authorities.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should regularly assess the adequacy 
     of the plans and strategies of the United States Northern 
     Command with a view to ensuring that the United States 
     Northern Command is prepared to respond effectively to all 
     threats within the United States, should it be called upon to 
     do so by the President.
       (c) Annual Report.--
       (1) Requirement for Report.--The Secretary of Defense shall 
     submit to the Committee on Armed Servces of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives an annual report describing the plans and 
     strategies of the United States Northern Command to defend 
     the United States against all threats within the United 
     States, in the case that it is called upon to do so by the 
     President.
       (2) Submission of report.--The annual report required by 
     paragraph (1) shall be submitted in conjunction with the 
     submission of the President's budget request to Congress.

     SEC. --07. EFFECTIVE DATE.

       Notwithstanding section 341 or any other provision of this 
     Act, this title takes effect on the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 3775. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 4, strike lines 5 through 16 and insert the 
     following:
       (2) The term ``foreign intelligence'' means information 
     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, 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

[[Page S9972]]

     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 the Office of Intelligence 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 3776. Mr. BURNS (for himself and Mr. Bunning) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 213, after line 12, insert the following:

                      TITLE IV--AVIATION SECURITY

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Aviation Homeland Security 
     Act of 2004''.

     SEC. 402. FEDERAL FLIGHT DECK OFFICERS.

       (a) Weapons Carriage.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall implement a program to allow pilots 
     participating in the Federal flight deck officer program, 
     established under section 44921 of title 49, United States 
     Code, to transport their firearms on their persons.
       (b) International Agreements to Allow Maximum Deployment of 
     Federal Flight Deck Officers.--The Secretary of State shall 
     negotiate agreements with foreign governments to allow 
     Federal flight deck officers to carry and possess firearms 
     within the jurisdictions of such foreign governments for 
     protection of international flights against hijackings or 
     other terrorist acts. Any such agreement shall provide 
     Federal flight deck officers the same rights and privileges 
     accorded Federal air marshals by such foreign governments. 
     The Secretary of Homeland Security may not refuse to train 
     any eligible pilot operating in foreign air transportation as 
     a Federal flight deck officer. The Secretary shall provide 
     means for pilots previously refused training as a Federal 
     flight deck officer to reapply for the program.
       (c) Credentials.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall issue to each Federal flight deck officer standard 
     Federal law enforcement credentials that are similar to the 
     credentials issued to other Federal law enforcement officers, 
     including a distinctive metal badge.
       (d) Determination of Ineligibility and Appeal.--If the 
     Secretary of Homeland Security determines that a pilot is 
     ineligible to be a Federal flight deck officer, the Secretary 
     shall provide the pilot with the reason for the determination 
     of ineligibility and an opportunity to appeal the 
     determination.
                                 ______
                                 
  SA 3777. Ms. SNOWE (for herself, Mr. Roberts, Ms. Mikulski, and Mrs. 
Feinstein) submitted an amendment to be proposed by her to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 60, line 20, strike ``the relationships among''.
       On page 63, line 8, strike ``the relationships among''.
       On page 64, line 5, strike ``and'' at the end.
       On page 64, between lines 5 and 6, insert the following:
       (4) to evaluate the compliance of the National Intelligence 
     Authority and the National Intelligence Program with any 
     applicable United States law or regulation, including any 
     applicable regulation, policy, or procedure issued under 
     section 206, or with any regulation, policy, or procedure of 
     the Director governing the sharing or dissemination of, or 
     access to, intelligence information or products; and
       On page 64, line 6, strike ``(4)'' and insert ``(5)''.
       On page 65, strike lines 11 through 16 and insert the 
     following:
       (2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community whose testimony is needed for the 
     performance of the duties of the Inspector General.
       On page 66, beginning on line 1, strike ``or contractor of 
     the National Intelligence Authority'' and insert ``, or any 
     employee of a contractor, of any element of the intelligence 
     community''.
       On page 66, line 4, strike ``Director'' and insert 
     ``National Intelligence Director or other appropriate 
     official of the intelligence community''.
       On page 69, between lines 20 and 21, insert the following:
       (C) Each Inspector General of an element of the 
     intelligence community shall comply fully with a request for 
     information or assistance from the Inspector General of the 
     National Intelligence Authority.
       (D) The Inspector General of the National Intelligence 
     Authority may, upon reasonable notice to the head of any 
     element of the intelligence community, conduct, as authorized 
     by this section, an investigation, inspection, or audit of 
     such element and may enter into any place occupied by such 
     element for purposes the performance of the duties of the 
     Inspector General.
       On page 70, line 13, strike ``Authority'' and insert 
     ``Program''.
       On page 71, line 1, strike ``An assessment'' and insert 
     ``In consultation with the Officer for Civil Rights and Civil 
     Liberties of the National Intelligence Authority and the 
     Privacy Officer of the National Intelligence Authority, an 
     assessment''.
       On page 71, beginning on line 16, strike ``Authority'' and 
     insert ``Authority or the National Intelligence Program, or 
     in the relationships between the elements of the intelligence 
     community within the National Intelligence Program and the 
     other elements of the intelligence community,''.
       On page 72, beginning on line 3, strike ``a relationship 
     between''.
       On page 72, strike lines 19 through 25 and insert the 
     following:
       (B) an investigation, inspection, review, or audit carried 
     out by the Inspector General focuses on any current or former 
     official of the intelligence community who--
       (i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, by and with the advice and consent of the Senate, 
     including an appointment held on an acting basis; or
       (ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the National Intelligence 
     Director;
       On page 73, strike line 24 and all that follows through 
     page 74, line 5, and insert the following:
       (5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor of 
     an element of the intelligence community who intends to 
     report to Congress a complaint or information with respect to 
     an urgent concern may report such a complaint or information 
     to the Inspector General.
       On page 77, line 8, strike ``the Authority'' and insert 
     ``an element of the intelligence community''.
       On page 77, between lines 11 and 12, insert the following:
       (i) Construction of Duties Regarding Elements of 
     Intelligence Community.--The performance by the Inspector 
     General of the National Intelligence Authority of any duty,

[[Page S9973]]

     responsibility, or function regarding an element of the 
     intelligence community shall not be construed to modify or 
     effect the duties and responsibilities of any other Inspector 
     General having duties or responsibilities relating to such 
     element.
       On page 77, line 12, strike ``(i)'' and insert ``(j)''.
                                 ______
                                 
  SA 3778. 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:

       On page 113, between lines 17 and 18, insert the following:
       (b) Termination of Employees.--(1) Notwithstanding any 
     other provision of law, the National Intelligence Director 
     may, in the discretion of the Director, terminate the 
     employment of any officer or employee of the National 
     Intelligence Authority whenever the Director considers the 
     termination of employment of such officer or employee 
     necessary or advisable in the interests of the United States.
       (2) Any termination of employment of an officer or employee 
     under paragraph (1) shall not affect the right of the officer 
     or employee to seek or accept employment in any other 
     department, agency, or element of the United States 
     Government if declared eligible for such employment by the 
     Office of Personnel Management.
       On page 113, line 18, strike ``(b) Rights and Protections'' 
     and insert ``(c) Other Rights and Protections''.
       On page 113, after line 24, add the following:
       (d) Exclusion from Certain Personnel Management 
     Requirements.--
       (1) Performance appraisals.--Section 4301(1)(ii) of title 
     5, United States Code, is amended by inserting ``the National 
     Intelligence Authority,'' before ``the Central Intelligence 
     Agency,''.
       (2) Labor-management relations.--Section 7103(a)(3) of that 
     title is amended--
       (A) in subparagraph (G), by striking ``or'' at the end;
       (B) in subparagraph (H), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following new subparagraphs:
       ``(I) the National Intelligence Authority;
       ``(J) the Defense Intelligence Agency;
       ``(K) the National Geospatial-Intelligence Agency; or
       ``(L) any other Executive agency or unit thereof which is 
     designated by the President and the principal function of 
     which is the conduct of foreign intelligence or 
     counterintelligence activities.''.
       (e) Regulations.--(1) In carrying out the responsibilities 
     and authorities specified in sections 112 and 113 and this 
     section (including the amendments made by this section), the 
     National Intelligence Director shall prescribe regulations 
     regarding the management of personnel of the National 
     Intelligence Authority.
       (2) The regulations shall include provisions relating to 
     the following:
       (A) The applicability to the personnel of the Authority of 
     the authorities referred to in subsection (a).
       (B) The exercise of the authority under subsection (b) to 
     terminate officers and employees of the Authority.
                                 ______
                                 
  SA 3779. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTAINER SECURITY TRIALS.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Homeland Security in 
     partnership with private industry and a land grant college 
     with radio frequency identification (referred to in this 
     section as ``RFID'') expertise shall conduct at least 2 
     large-scale cargo security trials, involving no fewer than 
     10,000 intermodal containers each, utilizing technologies 
     such as radio frequency tracking or sensing technologies that 
     provide seamless visibility throughout the entirety of the 
     distribution chain from factory to retail.
       (b) Project Focus.--At least 1 project conducted under this 
     section shall focus on United States-Sino trans-Pacific 
     commerce with active RFID tag technology and 1 shall focus on 
     the rural United States-Canadian border with battery assisted 
     semi-passive sensor RFID tag technology.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3780. 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:

       On page 153, between lines 1 and 2, insert the following:

     SEC. 207. MANAGEMENT OF CIVILIAN PERSONNEL CONDUCTING FOREIGN 
                   INTELLIGENCE AND COUNTERINTELLIGENCE 
                   ACTIVITIES.

       (a) In General.--In carrying out the responsibilities and 
     authorities specified in sections 112 and 113, the National 
     Intelligence Director may terminate the employment of 
     civilian personnel of the elements of the intelligence 
     community whose principle function is the conduct of foreign 
     intelligence or counterintelligence activities if the 
     Director considers such action to be in the interests of the 
     United States.
       (b) Finality.--A decision of the National Intelligence 
     Director to terminate the employment of an employee under 
     this section is final and may not be appealed or reviewed 
     outside such elements of the intelligence community as the 
     President shall designate.
       (c) Preservation of Right To Seek Other Employment.--Any 
     termination of employment of an employee under this section 
     shall not affect the right of the employee to seek or accept 
     employment with any other department, agency, or element of 
     the United States Government if the employee is declared 
     eligible for such employment by the Director of the Office of 
     Personnel Management.
       (d) Delegation of Authority.--The National Intelligence 
     Director may delegate the authority under subsection (a).
                                 ______
                                 
  SA 3781. Mr. WARNER (for himself and Mr. Stevens) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       On page 119, beginning on line 17, strike ``upon the 
     request of the National Intelligence Director.'.'' and insert 
     ``at least monthly and otherwise upon the request of the 
     National Intelligence Director or another principal member of 
     the Council.
       ``(e) Advice and Opinions of Members Other Than Chairman.--
     (1) A member of the Joint Intelligence Community Council 
     (other than the Chairman) may submit to the Chairman advice 
     or an opinion in disagreement with, or advice or an opinion 
     in addition to, the advice presented by the National 
     Intelligence Director to the President or the National 
     Security Council, in the role of the Chairman as Chairman of 
     the Joint Intelligence Community Council. If a member submits 
     such advice or opinion, the Chairman shall present the advice 
     or opinion of such member at the same time the Chairman 
     presents the advice of the Chairman to the President or the 
     National Security Council, as the case may be.
       ``(2) The Chairman shall establish procedures to ensure 
     that the presentation of the advice of the Chairman to the 
     President or the National Security Council is not unduly 
     delayed by reason of the submission of the individual advice 
     or opinion of another member of the Council.
       ``(f) Recommendations to Congress.--Any member of the Joint 
     Intelligence Community Council may make such recommendations 
     to Congress relating to the intelligence community as such 
     member considers appropriate.''.
                                 ______
                                 
  SA 3782. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ALLOCATION OF FEDERAL HOMELAND SECURITY ASSISTANCE.

       Any Federal funds appropriated to the Department of 
     Homeland Security for grants or other assistance shall be 
     allocated based strictly on an assessment of risks and 
     vulnerabilities.
                                 ______
                                 
  SA 3783. Mr. SESSIONS (for Mr. Inouye) proposed an amendment to the 
bill S. 2436, to reauthorize the Native American Programs Act of 1974; 
as follows:

       At the end, add the following:

     SEC. 2. RESEARCH AND EDUCATIONAL ACTIVITIES.

       Section 7205(a)(3) of the Native Hawaiian Education Act (20 
     U.S.C. 7515(a)(3)) is amended--
       (1) by redesignating subparagraphs (K) and (L) as 
     subparagraphs (L) and (M), respectively; and
       (2) by inserting after subparagraph (J) the following:
       ``(K) research and educational activities relating to 
     Native Hawaiian law;''.
                                 ______
                                 
  SA 3784. Mr. SESSIONS (for Mr. Craig) proposed an amendment to the 
bill S. 2639, to reauthorize the Congressional Award Act; as follows:

       After section 1, insert the following:

     SEC. 2. FEDERAL FUNDS AND RESOURCES.

       (a) Technical Amendments; Clarification of Acceptance of 
     Federal Funds and Resources.--Section 106 of the 
     Congressional Award Act (2 U.S.C. 806) is amended--

[[Page S9974]]

       (1) in subsection (a)(1), by striking ``from sources other 
     than the Federal Government'';
       (2) in the heading of subsection (e), by striking ``Non-
     Federal Funds and Resources; Indirect Resources'' and 
     inserting ``Funds and Resources'';
       (3) in subsection (e)--
       (A) in paragraph (1), by striking ``Subject to the 
     provisions of paragraph (2), the'' and inserting ``The''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) The Board--
       ``(A) may benefit from in-kind and indirect resources 
     provided by Offices of Members of Congress;
       ``(B) is not prohibited from receiving benefits from 
     efforts or activities undertaken in collaboration with 
     entities which receive Federal funds or resources; and
       ``(C) may not accept more than one-half of all funds 
     accepted from Federal sources.''; and
       (4) adding at the end the following:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Board to carry out this 
     Act $750,000 for each of fiscal years 2005, 2006, 2007, 2008, 
     and 2009.''.
                                 ______
                                 
  SA 3785. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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, 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. __. 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.
                                 ______
                                 
  SA 3786. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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 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. __. 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. __. 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''.
                                 ______
                                 
  SA 3787. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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

[[Page S9975]]

     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. __. 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
       (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)''.
                                 ______
                                 
  SA 3788. Mr. KYL submitted and 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. __. 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''.
                                 ______
                                 
  SA 3789. Mr. KYL submitted and 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. __. 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).
                                 ______
                                 
  SA 3790. Mr. KYL submitted and 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. __. 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

[[Page S9976]]

     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. __. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.

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

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

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

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

     SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISM.

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

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

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

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

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

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

       ``(a) Offense.--
       ``(1) In general.--Whoever knowingly receives military-type 
     training from or on behalf of any organization designated at 
     the time of the training by the Secretary of State under 
     section 219(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1189(a)(1)) as a foreign terrorist organization, shall 
     be fined under this title, imprisoned for ten years, or both.
       ``(2) Knowledge requirement.--To violate paragraph (1), a 
     person must have knowledge that the organization is a 
     designated terrorist organization (as defined in subsection 
     (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));

[[Page S9977]]

       ``(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.

  Subtitle __--Combating Money Laundering and Terrorist Financing Act

     SEC. __01. SHORT TITLE.

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

     SEC. __02. 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. __03. ILLEGAL MONEY TRANSMITTING BUSINESSES.

       (a) Technical Amendments.--Section 1960 of title 18, United 
     States Code, is amended--
       (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. __04. 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);

[[Page S9978]]

       (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. __05. 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. __06. 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. __07. 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''.
                                 ______
                                 
  SA 3791. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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.--
       (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. __. 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:


[[Page S9979]]


       ``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 __--Prevention of Terrorist Access to Special Weapons Act

     SEC. __01. SHORT TITLE.

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

     SEC. __02. 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. __03. 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. __04. 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 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. __05. 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

[[Page S9980]]

     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. __06. 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. __07. 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. __08. 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. __09. 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);''.
                                 ______
                                 
  SA 3792. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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).

[[Page S9981]]

       ``(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.''.
                                 ______
                                 
  SA 3793. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                      TITLE__--TRANSIT PROTECTION

  Subtitle A--Railroad Carriers and Mass Transportation Protection Act

     SEC. __01. SHORT TITLE.

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

     SEC. __02. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER 
                   VESSELS, AND MASS TRANSPORTATION SYSTEMS.

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

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

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

     shall be fined under this title 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.

[[Page S9982]]

       ``(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 B--Reducing Crime and Terrorism at America's Seaports Act

     SEC. __11. SHORT TITLE.

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

     SEC. __12. 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. __13. 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.''.

[[Page S9983]]

       (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. __14. 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. __15. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

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

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

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

     ``Sec. 2284. Transportation of terrorists

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

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

     SEC. __16. 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

[[Page S9984]]

     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''.

     SEC. __17. 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. __18. 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. __19. 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.''.

[[Page S9985]]

     SEC. __20. 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.''.

                          ____________________