[Congressional Record Volume 150, Number 121 (Thursday, September 30, 2004)]
[Senate]
[Pages S10077-S10177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

[[Page S10078]]

and the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 94, line 14, insert before the period the 
     following: ``, whether expressed in terms of geographic 
     region, in terms of function, or in other terms''.
       On page 95, line 3, insert after the period the following: 
     ``Each notice on a center shall set forth the mission of such 
     center, the area of intelligence responsibility of such 
     center, and the proposed structure of such center.''.
       On page 96, line 7, insert ``of the center and the 
     personnel of the center'' after ``control''.
       On page 96, between lines 8 and 9, insert the following:
       (5) If the Director of a national intelligence center 
     determines at any time that the authority, direction, and 
     control of the Director over the center is insufficient to 
     accomplish the mission of the center, the Director shall 
     promptly notify the National Intelligence Director of that 
     determination.
       On page 96, strike line 15 and all that follows through 
     page 97, line 2, and insert the following:
       (1) develop and unify a strategy for the collection and 
     analysis of all-source intelligence;
       (2) integrate intelligence collection and analysis, both 
     inside and outside the United States;
       (3) develop interagency plans for the integration of the 
     collection and analysis of all-source intelligence, which 
     plans shall--
       (A) involve more than one department, agency, or element of 
     the executive branch (unless otherwise directed by the 
     President); and
       (B) include the mission, objectives to be achieved, courses 
     of action, coordination of agencies operational activities, 
     parameters for such courses of action, recommendations for 
     operational plans, and assignment of departmental or agency 
     responsibilities;
       (4) ensure that the collection of all-source intelligence 
     and the conduct of operations are informed by the analysis of 
     all-source intelligence; and
       On page 99, between lines 20 and 21, insert the following:
       (g) Review and Modification of Centers.--(1) Not less often 
     than once each year, the National Intelligence Director shall 
     review the area of intelligence responsibility assigned to 
     each national intelligence center under this section in order 
     to determine whether or not such area of responsibility 
     continues to meet intelligence priorities established by the 
     National Security Council.
       (2) Not less often than once each year, the National 
     Intelligence Director shall review the staffing and 
     management of each national intelligence center under this 
     section in order to determine whether or not such staffing or 
     management remains appropriate for the accomplishment of the 
     mission of such center.
       (3) The National Intelligence Director may at any time 
     recommend to the President a modification of the area of 
     intelligence responsibility assigned to a national 
     intelligence center under this section. The National 
     Intelligence Director shall make any such recommendation 
     through, and with the approval of, the National Security 
     Council.
       (h) Separate Budget Account.--The National Intelligence 
     Director shall, in accordance with procedures to be issued by 
     the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for each national 
     intelligence center under this section.
       On page 99, line 21, strike ``(g)'' and insert ``(i)''.
                                 ______
                                 
  SA 3795. Mr. HOLLINGS (for himself, Mr. Stevens, Mr. Inouye, and Mr. 
Cochran) submitted an amendment intended to be proposed by him to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. NATIONAL INTELLIGENCE COORDINATOR.

       (a) National Intelligence Coordinator.--There is a National 
     Intelligence Coordinator who shall be appointed by the 
     President.
       (b) Responsibility.--Subject to the direction and control 
     of the President, the National Intelligence Coordinator shall 
     have the responsibility for coordinating the performance of 
     all intelligence and intelligence-related activities of the 
     United States Government, whether such activities are foreign 
     or domestic.
       (c) Availability of Funds.--Funds shall be available to the 
     National Intelligence Coordinator for the performance of the 
     responsibility of the Coordinator under subsection (b) in the 
     manner provided by law or as directed by the President.
       (d) Membership on National Security Council.--The National 
     Intelligence Coordinator shall be a member of the National 
     Security Council.
       (e) Support.--(1) Any official, office, program, project, 
     or activity of the Central Intelligence Agency as of the date 
     of the enactment of this Act that supports the Director of 
     Central Intelligence in the performance of responsibilities 
     and authorities as the head of the intelligence community 
     shall, after that date, support the National Intelligence 
     Coordination in the performance of the responsibility of the 
     Coordinator under subsection (b).
       (2) Any powers and authorities of the Director of Central 
     Intelligence under statute, Executive order, regulation, or 
     otherwise as of the date of the enactment of this Act that 
     relate to the performance by the Director of responsibilities 
     and authorities as the head of the intelligence community 
     shall, after that date, have no further force and effect.
       (f) Accountability.--The National Intelligence Coordinator 
     shall report directly to the President regarding the 
     performance of the responsibility of the Coordinator under 
     subsection (b), and shall be accountable to the President 
     regarding the performance of such responsibility.
                                 ______
                                 
  SA 3796. Mr. KYL (for himself, Mr. Chambliss, and Mr. Domenici) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

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

[[Page S10079]]

     department, agency, or element of the executive branch, or 
     any Federal officer or employee; and
       (C) request information or assistance from any State, 
     tribal, or local government.
       (2) Agency cooperation.--Whenever information or assistance 
     requested under subparagraph (A) or (B) of paragraph (1) is, 
     in the judgment of the Board, unreasonably refused or not 
     provided, the Board may submit a request directly to the head 
     of the department, agency, or element concerned.
       On page 164, strike beginning with line 21 through page 
     170, line 8.
                                 ______
                                 
  SA 3797. Mr. GRAHAM of Florida proposed an amendment to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; as follows:

       On page 94, line 14, insert before the period the 
     following: ``, whether expressed in terms of geographic 
     region, in terms of function, or in other terms''.
       On page 95, line 3, insert after the period the following: 
     ``Each notice on a center shall set forth the mission of such 
     center, the area of intelligence responsibility of such 
     center, and the proposed structure of such center.''.
       On page 96, line 7, insert ``of the center and the 
     personnel of the center'' after ``control''.
       On page 96, between lines 8 and 9, insert the following:
       (5) If the Director of a national intelligence center 
     determines at any time that the authority, direction, and 
     control of the Director over the center is insufficient to 
     accomplish the mission of the center, the Director shall 
     promptly notify the National Intelligence Director of that 
     determination.
       On page 97, between lines 2 and 3 insert the following:
       (5) develop and unify strategy for the collection and 
     analysis of all-source intelligence;
       (6) integrate intelligence collection and analysis, both 
     inside and outside the United States;
       (7) at the discretion of the NID develop interagency plans 
     for the collection of all-source intelligence, which plans 
     shall--
       (A) involve more than one department, agency, or element of 
     the executive branch (unless otherwise directed by the 
     President); and
       (B) include the mission, objectives to be achieved, courses 
     of action, parameters for such courses of action, 
     coordination of agencies intelligence collection activities, 
     recommendations for intelligence collection plans, and 
     assignment of departmental or agency responsibilities;
       (4) ensure that the collection of all-source intelligence 
     and the conduct of operations are informed by the analysis of 
     all-source intelligence; and
       On page 99, between lines 20 and 21, insert the following:
       (g) Review and Modification of Centers.--(1) Not less often 
     than once each year, the National Intelligence Director shall 
     review the area of intelligence responsibility assigned to 
     each national intelligence center under this section in order 
     to determine whether or not such area of responsibility 
     continues to meet intelligence priorities established by the 
     National Security Council.
       (2) Not less often than once each year, the National 
     Intelligence Director shall review the staffing and 
     management of each national intelligence center under this 
     section in order to determine whether or not such staffing or 
     management remains appropriate for the accomplishment of the 
     mission of such center.
       (3) The National Intelligence Director may at any time 
     recommend to the President a modification of the area of 
     intelligence responsibility assigned to a national 
     intelligence center under this section. The National 
     Intelligence Director shall make any such recommendation 
     through, and with the approval of, the National Security 
     Council.
       (h) Separate Budget Account.--The National Intelligence 
     Director shall, in accordance with procedures to be issued by 
     the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate line item for each national 
     intelligence center under this section.
       On page 99, line 21, strike ``(g)'' and insert ``(i)''.
                                 ______
                                 
  SA 3798. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. URBAN AREA COMMUNICATIONS CAPABILITIES.

       Section 510 of the Homeland Security Act of 2002, as added 
     by this Act, is amended by inserting ``, and shall have 
     appropriate and timely access to the Information Sharing 
     Network described in section 206(c) of the National 
     Intelligence Reform Act of 2004'' after ``each other in the 
     event of an emergency''.
                                 ______
                                 
  SA 3799. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 137, line 20, strike ``and'' and all that follows 
     through ``(9)'' on line 21, and insert the following:
       (9) an estimate of training requirements needed to ensure 
     that the Network will be adequately implemented and property 
     utilized;
       (10) an analysis of the cost to State, tribal, and local 
     governments and private sector entities for equipment and 
     training needed to effectively utilize the Network; and
       (11)
                                 ______
                                 
  SA 3800. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place insert the following:
       Congress makes the following finding: (1) The United States 
     needs to implement the recommendations of the National 
     Commission on Terrorist Attacks Upon the United States to 
     adopt a unified incident command system and significantly 
     enhance communications connectivity between and among 
     civilian authorities, local first responders, and the 
     National Guard. The unified incident command system should 
     enable emergency managers and first responders to manage, 
     generate, receive, evaluate, share, and use information in 
     the event of a terrorist attack or a significant national 
     disaster.
                                 ______
                                 
  SA 3801. Mr. KYL (for himself and Mr. Chambliss) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

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

[[Page S10080]]

       (B) information on the findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d).
       (f) Access to Information.--
       (1) Authorization.--If determined by the Board to be 
     necessary to carry out its responsibilities under this 
     section, the Board is authorized to--
       (A) have access from any department, agency, or element of 
     the executive branch, or any Federal officer or employee, to 
     all relevant records, reports, audits, reviews, documents, 
     papers, recommendations, or other relevant material, 
     including classified information consistent with applicable 
     law;
       (B) interview, take statements from, or take public 
     testimony from personnel of any department, agency, or 
     element of the executive branch, or any Federal officer or 
     employee; and
       (C) request information or assistance from any State, 
     tribal, or local government.
       (2) Agency cooperation.--Whenever information or assistance 
     requested under subparagraph (A) or (B) of paragraph (1) is, 
     in the judgment of the Board, unreasonably refused or not 
     provided, the Board may submit a request directly to the head 
     of the department, agency, or element concerned.
       On page 164, strike beginning with line 21 through page 
     170, line 8.
                                 ______
                                 
  SA 3802. Mr. LAUTENBERG (for himself, Mrs. Clinton, Mr. Feingold, and 
Mr. Corzine) submitted an amendment intended to be proposed by him to 
the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. TERRORIST FINANCING.

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

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

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

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

       ``The Director of the Office of Foreign Assets Control 
     shall notify Congress upon the termination of any 
     investigation by the Office of Foreign Assets Control of the 
     Department of the Treasury if any sanction is imposed by the 
     Director of such office as a result of the investigation.''.
                                 ______
                                 
  SA 3838. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

             TITLE IV--HUMAN SMUGGLING PENALTY ENHANCEMENT

     SEC. 401. SHORT TITLE.

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

     SEC. 402. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

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

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

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

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

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

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

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

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

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

[[Page S10081]]

     under section 3553(a)(2) of title 18, United States Code.
                                 ______
                                 
  SA 3804. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 3 and 4, insert the following:

     SEC. 145. OFFICE OF COMPETITIVE ANALYSIS.

       (a) Office of Competitive Analysis.--There is within the 
     National Intelligence Authority an Office of Competitive 
     Analysis.
       (b) Director of Office of Competitive Analysis.--(1) There 
     is a Director of the Office of Competitive Analysis, who 
     shall be the head of the Office of Competitive Analysis, and 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       (2) Any individual nominated for appointment as Director of 
     the Office of Competitive Analysis shall have significant 
     expertise in matters relating to United States foreign and 
     defense policy and in matters relating to terrorism that 
     threatens the national security of the United States.
       (3) An individual serving as Director of the Office of 
     Competitive Analysis may not, while so serving, serve in any 
     capacity in any other element of the intelligence community.
       (c) Mission.--The primary mission of the Office of 
     Competitive Analysis shall be as follows:
       (1) To conduct detailed competitive evaluations of 
     intelligence analysis (focusing on priorities identified by 
     the National Intelligence Director, in consultation with the 
     President) of--
       (A) the National Intelligence Council;
       (B) the elements of the intelligence community within the 
     National Intelligence Program; and
       (C) to the extent involving the analysis of national 
     intelligence, other elements of the intelligence community.
       (2) To conduct such additional competitive analysis as the 
     Director of the Office of Competitive Analysis considers 
     appropriate.
       (d) Staff.--(1) To assist the Director of the Office of 
     Competitive Analysis in fulfilling the duties and 
     responsibilities of the Director under this section, the 
     National Intelligence Director shall employ in the Office of 
     Competitive Analysis a professional staff having an expertise 
     in matters relating to such duties and responsibilities.
       (2) In providing for a professional staff for the Office 
     under paragraph (1), the National Intelligence Director may 
     establish as positions in the excepted service such positions 
     in the Office as the National Intelligence Director considers 
     appropriate.
       (3) The National Intelligence Director shall ensure that 
     the analytical staff of the Office is comprised primarily of 
     experts from elements in the intelligence community and from 
     the private sector as he deems appropriate.
       (e) Access To Information.--In order to carry out the 
     duties under this section, the Office of Competitive Analysis 
     shall, unless otherwise directed by the President, have 
     access to all analytic products, field reports, and raw 
     intelligence of any element of the intelligence community.
       (f) Reports.--Not later than January 31 each year, the 
     Director of the Office of Competitive Analysis shall submit 
     to the National Intelligence Director and the congressional 
     intelligence committees on an annual basis a report that sets 
     forth the results of its competitive evaluations of 
     intelligence analysis under this section during the preceding 
     year.
       On page 172, line 2, insert ``AND OFFICE OF COMPETITIVE 
     ANALYSIS'' before the period.
       On page 172, line 5, insert ``or the Director of the Office 
     of Competitive Analysis'' after ``National Counterterrorism 
     Center''.
       On page 172, beginning on line 23, strike ``and the 
     Director of a national intelligence center'' and insert ``the 
     Director of a national intelligence center, and the Director 
     of the Office of Competitive Analysis''.
                                 ______
                                 
  SA 3805. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Definition of Byproduct Material.--Section 11e. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014(e)) is amended--
       (1) by striking ``means (1) any radioactive'' and inserting 
     ``means--
       ``(1) any radioactive'';
       (2) by striking ``material, and (2) the tailings'' and 
     inserting ``material;
       ``(2) the tailings''; and
       (3) by striking ``content.'' and inserting ``content;
       ``(3)(A) any discrete source of radium-226 that is 
     produced, extracted, or converted after extraction, before, 
     on, or after the date of enactment of this paragraph, for use 
     in a commercial, medical, or research activity; or
       ``(B) any material that--
       ``(i) has been made radioactive by use of a particle 
     accelerator; and
       ``(ii) is produced, extracted, or converted after 
     extraction, before, on, or after the date of enactment of 
     this paragraph, for use in a commercial, medical, or research 
     activity; and
       ``(4) any discrete source of naturally occurring 
     radioactive material, other than source material that--
       ``(A) the Nuclear Regulatory Commission determines (after 
     consultation with the Administrator of the Environmental 
     Protection Agency, the Secretary of Energy, the Secretary of 
     Homeland Security, and the head of any other appropriate 
     Federal agency), would pose a threat similar to that posed by 
     a discrete source of radium-226 to the public health and 
     safety or the common defense and security; and
       ``(B) before, on, or after the date of enactment of this 
     paragraph, is extracted or converted after extraction, for 
     use in a commercial, medical, or research activity.''.
       (b) Agreements.--Section 274b. of the Atomic Energy Act of 
     1954 (42 U.S.C. 2021(b)) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) byproduct materials (as defined in section 11e.(3));
       ``(4) byproduct materials (as defined in section 
     11e.(4));''.
       (c) Regulations.--
       (1) In general.--Not later than the effective date of this 
     section, the Nuclear Regulatory Commission shall promulgate 
     final regulations establishing such requirements and 
     standards as the Commission considers necessary for the 
     acquisition, possession, transfer, use, or disposal of 
     byproduct material (as defined in paragraphs (3) and (4) of 
     section 11e. of the Atomic Energy Act of 1954 (as added by 
     subsection (a))).
       (2) Cooperation.--The Commission shall cooperate with the 
     States in formulating the regulations under paragraph (1).
       (3) Transition.--To ensure an orderly transition of 
     regulatory authority with respect to byproduct material as 
     defined in paragraphs (3) and (4) of section 11e. of the 
     Atomic Energy Act of 1954 (as added by subsection (a)), not 
     later than 180 days before the effective date of this 
     section, the Nuclear Regulatory Commission shall prepare and 
     provide public notice of a transition plan developed in 
     coordination with States that--
       (A) have not, before the effective date of this section, 
     entered into an agreement with the Commission under section 
     274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)); 
     or
       (B) in the case of a State that has entered into such an 
     agreement, has not, before the effective date of this 
     section, applied for an amendment to the agreement that would 
     permit assumption by the State of regulatory responsibility 
     for such byproduct material.
       (d) Waste Disposal.--
       (1) Definition of byproduct material.--In this subsection, 
     the term ``byproduct material'' has the meaning given the 
     term in paragraphs (3) and (4) of section 11e. of the Atomic 
     Energy Act of 1954 (as added by subsection (a)).
       (2) In general.--Beginning on the date of enactment of this 
     Act, except as provided in paragraph (3), byproduct material 
     may be transferred to and disposed of--
       (A) in a disposal facility licensed by the Commission, if 
     the disposal facility meets the requirements of the 
     Commission; or
       (B) in a disposal facility licensed by a State that has 
     entered into an agreement with the Commission under section 
     274b. of the Atomic Energy Act of 1954 (42 U.S.C. 2021(b)), 
     if the disposal facility meets requirements of the State that 
     are equivalent to the requirements of the Commission.
       (3) RCRA.--Byproduct material may be disposed of in 
     accordance with the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.) to the same extent as the byproduct material was 
     subject to that Act before the date of enactment of this 
     section.
       (4) Not considered low-level radioactive waste.--Byproduct 
     material shall not be considered low-level radioactive 
     waste--
       (A) as defined in section 2 of the Low-Level Radioactive 
     Waste Policy Act (42 U.S.C. 2021b); or
       (B) in implementing any Compact--
       (1) entered into in accordance with the Low-Level 
     Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.); and
       (ii) approved by Congress.
       (e) Effective Date.--Except with respect to matters that 
     the Nuclear Regulatory Commission determines are required to 
     be addressed earlier to protect the public health and safety 
     or to promote the common defense and security, the amendments 
     made by this section take effect on the date that is--
       (1) with respect to imports and exports, 1 year after the 
     date of enactment of this Act; and
       (2) with respect to domestic matters, 4 years after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 3806. Mr. McCAIN (for himself and Mr. Lieberman) proposed an 
amendment to the bill S. 2845, to reform the

[[Page S10082]]

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

       At the end of the bill, add the following:

                   TITLE __--PRESIDENTIAL TRANSITION

     SEC. __01. PRESIDENTIAL TRANSITION.

       (a) Services Provided President-Elect.--Section 3 of the 
     Presidential Transition Act of 1963 (3 U.S.C. 102 note) is 
     amended--
       (1) by adding after subsection (a)(8)(A)(iv) the following:
       ``(v) Activities under this paragraph shall include the 
     preparation of a detailed classified, compartmented summary 
     by the relevant outgoing executive branch officials of 
     specific operational threats to national security; major 
     military or covert operations; and pending decisions on 
     possible uses of military force. This summary shall be 
     provided to the President-elect as soon as possible after the 
     date of the general elections held to determine the electors 
     of President and Vice President under section 1 or 2 of title 
     3, United States Code.'';
       (2) by redesignating subsection (f) as subsection (g); and
       (3) by adding after subsection (e) the following:
       ``(f)(1) The President-elect should submit to the Federal 
     Bureau of Investigation or other appropriate agency and then, 
     upon taking effect and designation, to the agency designated 
     by the President under section 115(b) of the National 
     Intelligence Reform Act of 2004, the names of candidates for 
     high level national security positions through the level of 
     undersecretary of cabinet departments as soon as possible 
     after the date of the general elections held to determine the 
     electors of President and Vice President under section 1 or 2 
     of title 3, United States Code.
       ``(2) The responsible agency or agencies shall undertake 
     and complete as expeditiously as possible the background 
     investigations necessary to provide appropriate security 
     clearances to the individuals who are candidates described 
     under paragraph (1) before the date of the inauguration of 
     the President-elect as President and the inauguration of the 
     Vice-President-elect as Vice President.''.
       (b) Sense of the Senate Regarding Expedited Consideration 
     of National Security Nominees.--It is the sense of the Senate 
     that--
       (1) the President-elect should submit the nominations of 
     candidates for high-level national security positions, 
     through the level of undersecretary of cabinet departments, 
     to the Senate by the date of the inauguration of the 
     President-elect as President; and
       (2) for all such national security nominees received by the 
     date of inauguration, the Senate committees to which these 
     nominations are referred should, to the fullest extent 
     possible, complete their consideration of these nominations, 
     and, if such nominations are reported by the committees, the 
     full Senate should vote to confirm or reject these 
     nominations, within 30 days of their submission.
       (c) Security Clearances for Transition Team Members.--
       (1) Definition.--In this section, the term ``major party'' 
     shall have the meaning given under section 9002(6) of the 
     Internal Revenue Code of 1986.
       (2) In general.--Each major party candidate for President 
     may submit, before the date of the general election, requests 
     for security clearances for prospective transition team 
     members who will have a need for access to classified 
     information to carry out their responsibilities as members of 
     the President-elect's transition team.
       (3) Completion date.--Necessary background investigations 
     and eligibility determinations to permit appropriate 
     prospective transition team members to have access to 
     classified information shall be completed, to the fullest 
     extent practicable, by the day after the date of the general 
     election.
       (d) Effective Date.--Notwithstanding section 341, this 
     section and the amendments made by this section shall take 
     effect on the date of enactment of this Act.
                                 ______
                                 
  SA 3807. Mr. McCAIN (for himself and Mr. Leiberman) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

     TITLE __--TERRORIST TRAVEL AND EFFECTIVE SCREENING

     SEC. __01. COUNTERTERRORIST TRAVEL INTELLIGENCE.

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

[[Page S10083]]

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

     SEC. __02. INTEGRATED SCREENING SYSTEM.

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

[[Page S10084]]

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

     SEC. __03. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

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

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

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

[[Page S10085]]

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

     SEC. __04. TRAVEL DOCUMENTS.

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

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

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

     SEC. __06. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.

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

[[Page S10086]]

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

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

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

[[Page S10087]]

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

     SEC. __08. SOCIAL SECURITY CARDS.

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

     SEC. __9. EFFECTIVE DATE.

       Notwithstanding any other provision of this Act, this title 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 3808. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 14, line 2, strike ``community,'' and insert 
     ``community following receipt of intelligence needs and 
     requirements from the consumers of national intelligence,''.
       On page 14, line 8, insert before the semicolon the 
     following: ``, while ensuring that the elements of the 
     intelligence community are able to conduct independent 
     analyses so as to achieve, to the maximum extent practicable, 
     competitive analyses''.
                                 ______
                                 
  SA 3809. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:
       On page 28, line 17, strike ``or'' at the end.
       On page 28, line 19, strike the period and insert ``; 
     and''.
       On page 28, between lines 19 and 20, insert the following:
       (D) the personnel involved are not military personnel and 
     the funds were not appropriated to military personnel 
     appropriations, except that the Director may make a transfer 
     of such personnel or funds if the Secretary of Defense does 
     not object to such transfer.
       On page 91, between lines 12 and 13, insert the following:
       (C) Nothing in this subsection shall be construed to 
     authorize the National Intelligence Director to specify, or 
     require the head of a department, agency, or element of the 
     United States Government to approve a request for, the 
     transfer, assignment, or detail of military personnel, except 
     that the Director may take such action with regard to 
     military personnel if the Secretary of Defense does not 
     object to such action.
       On page 98, between lines 21 and 22, insert the following:
       (C) Nothing in this subsection shall be construed to 
     authorize the National Intelligence Director to specify, or 
     require the head of a department, agency, or element of the 
     United States Government to approve a request for, the 
     transfer, assignment, or detail of military personnel, except 
     that the Director may take such action with regard to 
     military personnel if the Secretary of Defense does not 
     object to such action.
         On page 98, between lines 21 and 22, insert the 
     following:
         (C) Nothing in this subsection shall be construed to 
     authorize the National Intelligence Director to specify, or 
     require the head of a department, agency, or element of the 
     United States Government to approve a request for, the 
     transfer, assignment, or detail of military personnel, except 
     that the Director may take such action with regard to 
     military personnel if the Secretary of Defense does not 
     object to such action.
       On page 7, beginning on line 20, strike ``that is not part 
     of the National Foreign Intelligence Program as of the date 
     of the enactment of this Act''.
                                 ______
                                 
  SA 3811. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE ON IMPORTANCE OF ATTENDANCE OF 
                   SELECT COMMITTEE ON INTELLIGENCE MEETINGS.

       (a) Findings.--It is the sense of the Senate that--
       (1) the 9/11 Commission concluded that informed and 
     knowledgeable congressional oversight of the intelligence 
     community is crucial to ensure the effective functioning of 
     the Nation's intelligence services;
       (2) to ensure that Representatives and Senators who serve 
     on a congressional Committee on Intelligence develop relevant 
     expertise about the functioning of the intelligence 
     community, the 9/11 Commission recommended, for example, that 
     Congress abolish term limits for Members who serve on these 
     committees;
       (3) it is difficult for Senators who serve on the Select 
     Committee on Intelligence to become informed and 
     knowledgeable about the intelligence field, and thereby 
     develop the requisite expertise in that area, if they do not 
     regularly attend hearings held by the Select Committee on 
     Intelligence; and
       (4) because Senators who are Members of the Select 
     Committee on Intelligence yet do not regularly attend 
     hearings held by the Select Committee on Intelligence are not 
     informed and knowledgeable about the intelligence field, and 
     do not develop the requisite expertise in that area, those 
     Senators fail to discharge their responsibility to oversee 
     the intelligence community.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that those Senators who serve on the Select Committee on 
     Intelligence and who, for a given Congress, miss more than 75 
     percent of the hearings held by the Select Committee on 
     Intelligence, should be ineligible to continue to serve on 
     that committee.
                                 ______
                                 
  SA 3812. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE THAT THE UNITED STATES IS SAFER.

       (a) Findings.--It is the sense of the Senate that--
       (1) as recognized by the 9/11 Commission in its report, 
     since September 11th, 2001, the United States of America and 
     its allies have killed or captured a majority of al Qaeda's 
     leadership; toppled the Taliban, which gave al Qaeda 
     sanctuary in Afghanistan; and severely damaged the 
     organization; and
       (2) since September 11, 2001 Congress has--
       (A) passed, and the President has signed into law, the 
     PATRIOT Act;
       (B) created the Department of Homeland security;
       (C) created the Terrorist Threat Integration Center;
       (D) created the Transportation Safety Administration;
       (E) reorganized the Federal Bureau of Investigation; and
       (F) signed the Smart Border Declaration,
     just to name 6 offensive measures, all with the goal of 
     making America safer and protecting our citizens in this 
     global war on terrorism.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the 9/11 Commission Report was correct in its assessment 
     that the United States of America is safer today than it was 
     before the terrorist attacks of September 11, 2001.
                                 ______
                                 
  SA 3813. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIQUEFIED NATURAL GAS MARINE TERMINALS.

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

[[Page S10088]]

                                 ______
                                 
  SA 3814. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page __, between lines __ and __, insert the following:
       (2) regions of specific concern where United States foreign 
     assistance should be targeted to assist governments in 
     efforts to prevent the use of such regions as terrorist 
     sanctuaries are South Asia, Southeast Asia, West Africa, the 
     Horn of Africa, North and North Central Africa, the Arabian 
     peninsula, Central and Eastern Europe, and South America;
                                 ______
                                 
  SA 3815. Mr. ROCKEFELLER (for himself, Mrs. Hutchison, Mr. Roberts, 
and Ms. Mikulski) submitted an amendment intended to be proposed by him 
to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; as follows:

       On page 17, between lines 19 and 20, insert the following:
       (11) direct an element or elements of the intelligence 
     community to conduct competitive analysis of analytic 
     products, particularly products having national importance;
       (12) implement policies and procedures to encourage sound 
     analytic methods and tradecraft throughout the elements of 
     the intelligence community and to ensure that the elements of 
     the intelligence community regularly conduct competitive 
     analysis of analytic products, whether such products are 
     produced by or disseminated to such elements;
       On page 17, line 20, strike ``(11)'' and insert ``(13)''.
       On page 17, line 22, strike ``(12)'' and insert ``(14)''.
       On page 18, line 1, strike ``(13)'' and insert ``(15)''.
       On page 18, line 4, strike ``(14)'' and insert ``(16)''.
       On page 18, line 7, strike ``(15)'' and insert ``(17)''.
       On page 18, line 14, strike ``(16)'' and insert ``(18)''.
       On page 18, line 17, strike ``(17)'' and insert ``(19)''.
       On page 18, line 20, strike ``(18)'' and insert ``(20)''.
       On page 19, line 5, strike ``(19)'' and insert ``(21)''.
       On page 19, line 7, strike ``(20)'' and insert ``(22)''.
       On page 31, line 1, strike ``112(a)(16)'' and insert 
     ``112(a)(18)''.
       On page 49, line 13, insert ``, and each other National 
     Intelligence Council product'' after ``paragraph (1)''.
       On page 49, line 15, insert ``or product'' after 
     ``estimate''.
       On page 49, line 17, insert ``or product'' after 
     ``estimate''.
       On page 49, line 19, insert ``or product'' after 
     ``estimate''.
       On page 49, line 22, strike ``such estimate and such 
     estimate'' and insert ``such estimate or product and such 
     estimate or product, as the case may be''.
       On page 49, line 24, insert ``or product'' after 
     ``estimate''.
       On page 51, between lines 5 and 6, insert the following:
       (i) National Intelligence Council Product.--For purposes of 
     this section, the term ``National Intelligence Council 
     product'' includes a National Intelligence Estimate and any 
     other intelligence community assessment that sets forth the 
     judgment of the intelligence community as a whole on a matter 
     covered by such product.
       On page 56, line 20, strike ``(15) and (16)'' and insert 
     ``(17) and (18)''.
       On page 87, line 16, strike ``and'' at the end.
       On page 87, between lines 16 and 17, insert the following:
       (D) conduct, or recommend to the National Intelligence 
     Director to direct an element or elements of the intelligence 
     community to conduct, competitive analyses of intelligence 
     products relating to suspected terrorists, their 
     organizations, and their capabilities, plans, and intentions, 
     particularly products having national importance;
       (E) implement policies and procedures to encourage 
     coordination by all elements of the intelligence community 
     that conduct analysis of intelligence regarding terrorism of 
     all Directorate products of national importance and, as 
     appropriate, other products, before their final 
     dissemination; and
       On page 87, line 17, strike ``(D)'' and insert ``(F)''.
       On page 96, line 16, strike ``foreign''.
       On page 100, between lines 3 and 4, insert the following:

     SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS.

       (a) Office of Alternative Analysis.--There is within the 
     National Intelligence Authority an Office of Alternative 
     Analysis.
       (b) Head of Office.--The National Intelligence Director 
     shall appoint the head of the Office of Alternative Analysis.
       (c) Independence of Office.--The National Intelligence 
     Director shall take appropriate actions to ensure the 
     independence of the Office of Alternative Analysis in its 
     activities under this section.
       (d) Function of Office.--(1) The Office of Alternative 
     Analysis shall subject each National Intelligence Estimate 
     (NIE), before the completion of such estimate, to a thorough 
     examination of all facts, assumptions, analytic methods, and 
     judgments utilized in or underlying any analysis, estimation, 
     plan, evaluation, or recommendation contained in such 
     estimate.
       (2)(A) The Office may also subject any other intelligence 
     estimate, brief, survey, assessment, or report designated by 
     the National Intelligence Director to a thorough examination 
     as described in paragraph (1).
       (B) Not later than 180 days after the date of the enactment 
     of this Act, the Director shall submit to the congressional 
     intelligence committees a report on the estimates, briefs, 
     surveys, assessments or reports, if any, designated by the 
     Director under subparagraph (A).
       (3)(A) The purpose of an evaluation of an estimate or 
     document under this subsection shall be to provide an 
     independent analysis of any underlying facts, assumptions, 
     and recommendations contained in such estimate or document 
     and to present alternative conclusions, if any, arising from 
     such facts or assumptions or with respect to such 
     recommendations.
       (B) In order to meet the purpose set forth in subparagraph 
     (A), the Office shall, unless otherwise directed by the 
     President, have access to all analytic products, field 
     reports, and raw intelligence of any element of the 
     intelligence community and such other reports and information 
     as the Director considers appropriate.
       (4) The evaluation of an estimate or document under this 
     subsection shall be known as a ``OAA analysis'' of such 
     estimate or document.
       (5) Each estimate or document covered by an evaluation 
     under this subsection shall include an appendix that contains 
     the findings and conclusions of the Office with respect to 
     the estimate or document, as the case may be, based upon the 
     evaluation of the estimate or document, as the case may be, 
     by the Office under this subsection.
       (6) The results of each evaluation of an estimate or 
     document under this subsection shall be submitted to the 
     congressional intelligence committees.
       On page 194, line 9, strike ``112(a)(11)'' and insert 
     ``112(a)(14)''.
       On page 195, line 16, strike ``112(a)(11)'' and insert 
     ``112(a)(14)''.
       On page 195, line 23, strike ``112(a)(11)'' and insert 
     ``112(a)(14)''.
       On page 196, line 7, strike ``112(a)(11)'' and insert 
     ``112(a)(14)''.
                                 ______
                                 
  SA 3816. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:
       On page 155, on line 24, strike ``information'' and insert 
     ``information use, collection, storage, disclosure, or''.

       On page 158, between lines 9 and 10, insert the following:
       (C) any legislation, regulation, or policy reviewed by the 
     Board under subsection (d)(1) if--
       (i) the Board advised against the implementation of such 
     legislation, regulation, or policy; and
       (ii) the legislation, regulation, or policy was 
     implemented; and
       (D) a description of--
       (i) any instance in which the Board was unable to access 
     information under the authority in subsection (g); and
       (ii) the general level of cooperation between the Board and 
     the heads of departments, agencies, or elements of the 
     executive branch in carrying out such authority.
                                 ______
                                 
  SA 3817. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 1728, to amend the September 11th Victim 
Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note) to 
provide compensation for the United States Citizens who were victims of 
the bombings of United States embassies in East Africa on August 7, 
1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack 
on the World Trade Center on February 26, 1993, on the same basis as 
compensation is provided to victims of the terrorist-related aircraft 
crashes on September 11, 2001; which was referred to the Committee on 
the Judiciary; as follows:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. REFERENCES.

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

     SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.

         (a) Definitions.--Section 402(4) is amended by inserting 
     `` or related to the attack on

[[Page S10089]]

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

     SEC. 4. REGULATIONS.

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

     SEC. 5. EFFECTIVE DATE.

         The amendments made by this Act shall take effect as if 
     enacted as part of the September 11th Victims Compensation 
     Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note).
                                 ______
                                 
  SA 3818. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONWIDE INTEROPERABLE BROADBAND MOBILE 
                   COMMUNICATIONS NETWORK.

       (a) In General.--Not later than June 1, 2005, the Secretary 
     of Homeland Security shall develop technical and operational 
     specifications and protocols for a nationwide interoperable 
     broadband mobile communications network (referred to in this 
     section as the ``Network'') to be used by Federal, State, and 
     local public safety and homeland security personnel.
       (b) Consultation and Use of Existing Technologies.--In 
     developing the Network, the Secretary of Homeland Security 
     shall--
       (1) seek input from representatives of the user communities 
     regarding the operation and administration of the Network; 
     and
       (2) make use of existing commercial wireless technologies 
     to the greatest extent practicable.
       (c) Spectrum Allocation.--The Assistant Secretary for 
     Communications and Information, acting as the Administrator 
     of the National Telecommunications and Information 
     Administration (referred to in this section as the 
     ``Administrator''), in cooperation with the Federal 
     Communications Commission, other Federal agencies with 
     responsibility for managing radio frequency spectrum, and the 
     Secretary of Homeland Security, shall develop, not later than 
     June 1, 2005, a plan to dedicate sufficient radio frequency 
     spectrum for the Network.
       (d) Reporting Requirement.--Not later than January 31, 
     2005, the Administrator, in consultation with the Secretary 
     of Homeland Security, shall submit a report to Congress 
     that--
       (1) describes any statutory changes that are necessary to 
     deploy the Network;
       (2) identifies the required spectrum allocation for the 
     Network; and
       (3) describes the progress made in carrying out the 
     provisions of this section.
                                 ______
                                 
  SA 3819. Mr. ENSIGN (for himself, Mr. Kyl, Mr. Chambliss, Mr. Cornyn, 
Mr. Grassley, and Mr. Sessions) submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; as follows:

       At the end, add the following:

                        TITLE IV--OTHER MATTERS

     SEC. 401. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR 
                   OFFICERS.

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

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

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

[[Page S10090]]

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

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

       The Secretary of Homeland Security, in each of fiscal years 
     2006 through 2010, shall increase by not less than 800 the 
     number of positions for full-time active duty investigators 
     within the Department of Homeland Security investigating 
     violations of immigration laws (as defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17)) above the number of such positions for which 
     funds were allotted for the preceding fiscal year. At least 
     half of these additional investigators shall be designated to 
     investigate potential violations of section 274A of the 
     Immigration and Nationality Act (8 U.S.C 25 1324a). Each 
     State shall be allotted at least 3 of these additional 
     investigators.
                                 ______
                                 
  SA 3820. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

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

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

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

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

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

     SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISM.

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

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

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

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

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

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

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

[[Page S10091]]

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

``2339F. Receiving military-type training from a foreign terrorist 
              organization.''.
       (b) Inadmissibility of Aliens Who Have Received Military-
     Type Training From Terrorist Organizations.--Section 
     212(a)(3)(B)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(i)) is amended--
       (1) by striking ``is inadmissable. An alien who is an 
     officer, official, representative, or spokesman of the 
     Palestine Liberation Organization is considered, for purposes 
     of this chapter, to be engaged in a terrorist activity.''; 
     and
       (2) by inserting after subclause (VII) the following:

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

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

       ``(V) is a member of--

       ``(aa) a terrorist organization as defined under section 
     212(a)(3)(B)(vi); or
       ``(bb) an organization which the alien knows or should have 
     known is a terrorist organization,''.
       (d) Deportation of Aliens Who Have Received Military-Type 
     Training From Terrorist Organizations.--Section 237(a)(4) of 
     the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is 
     amended by adding at the end the following:
       ``(E) Recipient of military-type training.--Any alien who 
     has received military-type training (as defined in section 
     2339D(c)(1) of title 18, United States Code) from or on 
     behalf of any organization that, at the time the training was 
     received, was a terrorist organization under section 
     212(a)(3)(B)(vi), is deportable.''.
       (e) Retroactive Application.--The amendments made by 
     subsections (b), (c), and (d) shall apply to the receipt of 
     military training occuring before, on, or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3821. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 158, line 9, strike the period and insert ``, 
     including information regarding privacy and civil liberties 
     violations, which are made by departments, agencies, or 
     elements of the executive branch, of regulations, policies, 
     or guidelines concerning information sharing and information 
     collection; and''.
       On page 158, between lines 9 and 10 insert the following:
       (C) the minority views on any findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d).
       On page 160, line 6, insert ``and the National Intelligence 
     Director and committees of Congress described under 
     subsection (e)(1)(B)(i)(I),'' after ``concerned''.
                                 ______
                                 
  SA 3822. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 154, lines 12 and 13, strike ``, regulations,'' and 
     insert ``and approve regulations''.
       On page 154, strike line 16 and insert ``and information 
     collection guidelines under section 206;''.
       On page 154, line 21, strike ``205(g)'' and insert ``206''.
       On page 156, line 4, strike ``205(g)'' and insert ``206''.
       On page 156, line 6, strike ``and'' after the semicolon.
       On page 156, between lines 6 and 7, insert the following:
       (C) the practices of the departments, agencies, and 
     elements of the executive branch in acquiring access to the 
     information stored and used by non-governmental entities; and
       On page 156, line 7, strike ``(C)'' and insert ``(D)''.
                                 ______
                                 
  SA 3823. Ms. COLLINS (for Mr. Voinovich) proposed an amendment to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; as follows:

       At the appropriate place insert the following:

       SEC. __. FINANCIAL DISCLOSURE AND RECORDS.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Office of Government Ethics shall 
     submit to Congress a report--
       (1) evaluating the financial disclosure process for 
     employees of the executive branch of Government; and
       (2) making recommendations for improving that process.
       (b) Transmittal of Record Relating to Presidentially 
     Appointed Positions to Presidential Candidates.--
       (1) Definition.--In this section, the term ``major party'' 
     has the meaning given that term under section 9002(6) of the 
     Internal Revenue Code of 1986.
       (2) Transmittal.--
       (A) In general.--Not later than 15 days after the date on 
     which a major party nominates a candidate for President, the 
     Office of Personnel Management shall transmit an electronic 
     record to that candidate on Presidentially appointed 
     positions.
       (B) Other candidates.--After making transmittals under 
     subparagraph (A), the Office of Personnel Management may 
     transmit an electronic record on Presidentially appointed 
     positions to any other candidate for President.
       (3) Content.--The record transmitted under this subsection 
     shall provide--
       (A) all positions which are appointed by the President, 
     including the title and description of the duties of each 
     position;
       (B) the name of each person holding a position described 
     under subparagraph (A);
       (C) any vacancy in the positions described under 
     subparagraph (A), and the period of time any such position 
     has been vacant;
       (D) the date on which an appointment made after the 
     applicable Presidential election for any position described 
     under subparagraph (A) is necessary to ensure effective 
     operation of the Government; and
       (E) any other information that the Office of Personnel 
     Management determines is useful in making appointments.
       (c) Reduction of Positions Requiring Appointment With 
     Senate Confirmation.--

[[Page S10092]]

       (1) Definition.--In this subsection, the term ``agency'' 
     means an Executive agency as defined under section 105 of 
     title 5, United States Code.
       (2) Reduction plan.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the head of each agency shall submit a 
     Presidential appointment reduction plan to--
       (i) the President;
       (ii) the Committee on Governmental Affairs of the Senate; 
     and
       (iii) the Committee on Government Reform of the House of 
     Representatives.
       (B) Content.--The plan under this paragraph shall provide 
     for the reduction of--
       (i) the number of positions within that agency that require 
     an appointment by the President, by and with the advice and 
     consent of the Senate; and
       (ii) the number of levels of such positions within that 
     agency.
       (d) Office of Government Ethics Review of Conflict of 
     Interest Law.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Government Ethics, in consultation with the Attorney General 
     of the United States, shall conduct a comprehensive review of 
     conflict of interest laws relating to Federal employment and 
     submit a report to--
       (A) the President;
       (B) the Committee on Governmental Affairs of the Senate;
       (C) the Committee on the Judiciary of the Senate;
       (D) the Committee on Government Reform of the House of 
     Representatives; and
       (E) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Content.--The report under this subsection shall--
       (A) examine all Federal criminal conflict of interest laws 
     relating to Federal employment, including the relevant 
     provisions of chapter 11 of title 18, United States Code; and
       (B) related civil conflict of interest laws, including 
     regulations promulgated under section 402 of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.).
                                 ______
                                 
  SA 3824. Mr. BIDEN (for himself and Mr. Specter, and Mr. Kyl) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; as follows:

       At the appropriate place, insert the following new title:

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

     SEC. __01. SHORT TITLE.

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

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

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

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

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

     ``Sec. 25. Definition of seaport

       ``As used in this title, the term `seaport' means all 
     piers, wharves, docks, and similar structures to which a 
     vessel may be secured, areas of land, water, or land and 
     water under and in immediate proximity to such structures, 
     buildings on or contiguous to such structures, and the 
     equipment and materials on such structures or in such 
     buildings.''.
       (d) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 18 is amended by inserting 
     after the matter relating to section 24 the following:

``25. Definition of seaport.''.

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

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

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

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

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

     SEC. __04. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A 
                   PASSENGER VESSEL.

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

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

       (a) Violence Against Maritime Navigation.--Section 2280(a) 
     of title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (H), by striking ``(G)'' and inserting 
     ``(H)'';
       (B) by redesignating subparagraphs (F), (G), and (H) as 
     subparagraphs (G), (H), and (I), respectively; and
       (C) by inserting after subparagraph (E) the following:
       ``(F) destroys, seriously damages, alters, moves, or 
     tampers with any aid to maritime

[[Page S10093]]

     navigation maintained by the Saint Lawrence Seaway 
     Development Corporation under the authority of section 4 of 
     the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard 
     pursuant to section 81 of title 14, United States Code, or 
     lawfully maintained under authority granted by the Coast 
     Guard pursuant to section 83 of title 14, United States Code, 
     if such act endangers or is likely to endanger the safe 
     navigation of a ship;''; and
       (2) in paragraph (2) by striking ``(C) or (E)'' and 
     inserting ``(C), (E), or (F)''.
       (b) Placement of Destructive Devices.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2280 the following:

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

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

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

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

     ``Sec. 2282. Knowing discharge or release

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

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

     SEC. __06. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

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

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

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

     ``Sec. 2284. Transportation of terrorists

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

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

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

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

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

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

     ``Sec. 2290. Jurisdiction and scope

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

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

       ``(a) Offense.--Whoever willfully--
       ``(1) sets fire to, damages, destroys, disables, or wrecks 
     any vessel;
       ``(2) places or causes to be placed a destructive device, 
     as defined in section 921(a)(4), or destructive substance, as 
     defined in section 13, in, upon, or in proximity to, or 
     otherwise makes or causes to be made unworkable or unusable 
     or hazardous to work or use, any vessel, or any part or other 
     materials used or intended to be used in connection with the 
     operation of a vessel;
       ``(3) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or in 
     proximity to, any maritime facility, including but not 
     limited to, any aid to navigation, lock, canal, or vessel 
     traffic service facility or equipment, or interferes by force 
     or violence with the operation of such facility, if such 
     action is likely to endanger the safety of any vessel in 
     navigation;
       ``(4) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or in 
     proximity to, any appliance, structure, property, machine, or 
     apparatus, or any facility or other material used, or 
     intended to be used, in connection with the operation, 
     maintenance, loading, unloading, or storage of any vessel or 
     any passenger or cargo carried or intended to be carried on 
     any vessel;

[[Page S10094]]

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

     ``Sec. 2292. Imparting or conveying false information

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

     ``Sec. 2293. Bar to prosecution

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

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

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

       (a) Theft of Interstate or Foreign Shipments.--Section 659 
     of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph--
       (A) by inserting ``trailer,'' after ``motortruck,'';
       (B) by inserting ``air cargo container,'' after 
     ``aircraft,''; and
       (C) by inserting ``, or from any intermodal container, 
     trailer, container freight station, warehouse, or freight 
     consolidation facility,'' after ``air navigation facility'';
       (2) in the fifth undesignated paragraph, by striking ``one 
     year'' and inserting ``3 years''; and
       (3) by inserting after the first sentence in the eighth 
     undesignated paragraph the following: ``For purposes of this 
     section, goods and chattel shall be construed to be moving as 
     an interstate or foreign shipment at all points between the 
     point of origin and the final destination (as evidenced by 
     the waybill or other shipping document of the shipment), 
     regardless of any temporary stop while awaiting transshipment 
     or otherwise.''.
       (b) Stolen Vessels.--
       (1) In general.--Section 2311 of title 18, United States 
     Code, is amended by adding at the end the following:
       `` `Vessel' means any watercraft or other contrivance used 
     or designed for transportation or navigation on, under, or 
     immediately above, water.''.
       (2) Transportation and sale of stolen vessels.--Sections 
     2312 and 2313 of title 18, United States Code, are each 
     amended by striking ``motor vehicle or aircraft'' each place 
     that term appears and inserting ``motor vehicle, vessel, or 
     aircraft''.
       (c) Review of Sentencing Guidelines.--Pursuant to section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review the Federal Sentencing 
     Guidelines to determine whether sentencing enhancement is 
     appropriate for any offense under section 659 or 2311 of 
     title 18, United States Code, as amended by this title.
       (d) Annual Report of Law Enforcement Activities.--The 
     Attorney General shall annually submit to Congress a report, 
     which shall include an evaluation of law enforcement 
     activities relating to the investigation and prosecution of 
     offenses under section 659 of title 18, United States Code, 
     as amended by this title.
       (e) Reporting of Cargo Theft.--The Attorney General shall 
     take the steps necessary to ensure that reports of cargo 
     theft collected by Federal, State, and local officials are 
     reflected as a separate category in the Uniform Crime 
     Reporting System, or any successor system, by not later than 
     December 31, 2005.

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

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

     SEC. __10. STOWAWAYS ON VESSELS OR AIRCRAFT.

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

     SEC. __11. BRIBERY AFFECTING PORT SECURITY.

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

     ``Sec. 226. Bribery affecting port security

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

[[Page S10095]]

     receive or accept anything of value personally or for any 
     other person or entity in return for--
       ``(A) being influenced in the performance of any official 
     act affecting any secure or restricted area or seaport; and
       ``(B) knowing that such influence will be used to commit, 
     or plan to commit, international or domestic terrorism
     ``shall be fined under this title, imprisoned not more than 
     15 years, or both.
       ``(b) Definition.--In this section, the term `secure or 
     restricted area' has the meaning given that term in section 
     2285(c).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 11 of title 18, United States Code, is 
     amended by adding at the end the following:

``226. Bribery affecting port security.''.
                                 ______
                                 
  SA 3825. Mr. LEVIN (for himself and Mr. Alexander) submitted an 
amendment intended to be propsed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRIVATE SECURITY OFFICER EMPLOYMENT AUTHORIZATION 
                   ACT OF 2004.

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

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

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

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

       (E) Frequency of requests.--An authorized employer may 
     request a criminal history record information search for an 
     employee only once every 12 months of continuous employment 
     by that employee unless the authorized employer has good 
     cause to submit additional requests.
       (2) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall issue such 
     final or interim final regulations as may be necessary to 
     carry out this section, including--
       (A) measures relating to the security, confidentiality, 
     accuracy, use, submission, dissemination, destruction of 
     information and audits, and recordkeeping;
       (B) standards for qualification as an authorized employer; 
     and
       (C) the imposition of reasonable fees necessary for 
     conducting the background checks.
       (3) Criminal penalties for use of information.--Whoever 
     knowingly and intentionally uses any information obtained 
     pursuant to this section other than for the purpose of 
     determining the suitability of an individual for employment 
     as a private security officer shall be fined under title 18, 
     United States Code, or imprisoned for not more than 2 years, 
     or both.
       (4) User fees.--
       (A) In general.--The Director of the Federal Bureau of 
     Investigation may--
       (i) collect fees to process background checks provided for 
     by this section; and
       (ii) establish such fees at a level to include an 
     additional amount to defray expenses for the automation of 
     fingerprint identification and criminal justice information 
     services and associated costs.
       (B) Limitations.--Any fee collected under this subsection--
       (i) shall, consistent with Public Law 101-515 and Public 
     Law 104-99, be credited to the appropriation to be used for 
     salaries and other expenses incurred through providing the 
     services described in such Public Laws and in subparagraph 
     (A);
       (ii) shall be available for expenditure only to pay the 
     costs of such activities and services; and
       (iii) shall remain available until expended.
       (C) State costs.--Nothing in this section shall be 
     construed as restricting the right of a State to assess a 
     reasonable fee on an authorized employer for the costs to the 
     State of administering this section.
       (5) State opt out.--A State may decline to participate in 
     the background check system authorized by this section by 
     enacting a law or issuing an order by the Governor (if 
     consistent with State law) providing that the State is 
     declining to participate pursuant to this paragraph.
                                 ______
                                 
  SA 3826. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 84, beginning on line 8, strike ``joint 
     operations'' and insert ``strategic planning''.
                                 ______
                                 
  SA 3827. Mr. STEVENS submitted an amendment intended to be proposed 
by

[[Page S10096]]

him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 130, strike line 20 and all that follows through 
     page 153, line 2.
                                 ______
                                 
  SA 3828. Mr. STEVENS (for himself, Mr. Inouye, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 12, strike ``unless'' and all that follows 
     through line 15 and insert ``which the National Intelligence 
     Director and the head of the department, agency, and element 
     concerned agree to; but''.
       On page 12, line 22, strike ``consultation'' and insert 
     ``coordination''.
       On page 13, line 6, insert before the semicolon the 
     following: ``as agreed to in accordance with section 
     2(6)(A)(iii)''.
       On page 13, beginning on line 9, strike ``the military 
     intelligence'' and all that follows through line 11 and 
     insert ``the Joint Military Intelligence Program and the 
     Tactical Intelligence and Related Activities programs;''.
       On page 21, beginning on line 20, strike ``military 
     intelligence'' and all that follows through line 22 and 
     insert ``the Joint Military Intelligence Program and the 
     Tactical Intelligence and Related Activities programs;''.
       On page 22, strike lines 1 and 2 and insert the following:
     heads of departments that contain elements of the 
     intelligence community; and
       On page 22, line 3, insert ``, in coordination with the 
     heads of the departments concerned,'' after ``overseeing''.
       On page 23, line 13, insert before the period the 
     following: ``as agreed to in accordance with section 
     2(6)(A)(iii)''.
                                 ______
                                 
  SA 3829. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 212, strike lines 3 through 6, and insert the 
     following:
       (a) In General.--This Act and the amendments made by this 
     Act shall take effect one year after the date of the 
     enactment of this Act, except that--
       (1) subsections (a) and (b) of section 102 (relating to the 
     establishment of the position of National Intelligence 
     Director) shall take effect 90 days after the date of the 
     enactment of this Act, and the President shall prescribe the 
     duties of the position of National Intelligence Director that 
     are to apply before subsections (d) and (e) of such section 
     take effect;
       (2) section 143 (relating to the establishment and 
     operation of the National Counterterrorism Center) shall take 
     effect 90 days after the date of the enactment of this Act, 
     and the National Counterterrorism Center shall be operated 
     without reference to its status under section 143(a) as an 
     entity within the National Intelligence Authority until the 
     National Intelligence Authority is established when section 
     101 takes effect;
       (3) section 331 and the amendments made by such section 
     shall take effect 90 days after the date of the enactment of 
     this Act; and
       (4) a provision of this Act shall take effect on any 
     earlier date that the President specifies for such provision 
     in an exercise of the authority provided in subsection (b).
                                 ______
                                 
  SA 3830. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 28, beginning on line 16, strike ``of the National 
     Intelligence Director''.
       On page 43, beginning on line 1, strike ``OF THE NATIONAL 
     INTELLIGENCE DIRECTOR''.
       On page 43, beginning on line 5, strike ``of the National 
     Intelligence Director'' and insert ``for the National 
     Intelligence Director and the Director of the Central 
     Intelligence Agency''.
       On page 43, beginning on line 17, strike ``of the National 
     Intelligence Director''.
       On page 141, between lines 16 and 17, insert the following:
       (H) the Director of the Central Intelligence Agency or his 
     designee;
       On page 141, line 16, strike ``(H)'' and insert ``(I)''.
       On page 141, line 18, strike ``(I)'' and insert ``(J)''.
       On page 141, line 21, strike ``(J)'' and insert ``(K)''.
       On page 179, beginning on line 21, strike ``and 
     coordination of'' and all that follows through ``elements 
     of'' beginning on line 23 and insert ``, and coordinate 
     outside the United States, the collection of national 
     intelligence through human sources by agencies and 
     organizations within''.
       On page 194, beginning on line 23, strike ``of the National 
     Intelligence Director''.
                                 ______
                                 
  SA 3831. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 59, line 14, strike ``shall'' and insert ``may''.
                                 ______
                                 
  SA 3832. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMMUNICATIONS INTEROPERABILITY.

       (a) Definition.--As used in this section, the term 
     ``interoperability'' means the ability of public safety 
     service and support providers to talk with each other via 
     voice and data on demand, in real time, when needed, and when 
     authorized.
       (b) National Interoperability Standards.--Not later than 
     180 days after the date of enactment of this Act, the 
     Secretary of Homeland Security, after consultation with 
     appropriate representatives of Federal, State, and local 
     government and first responders, shall adopt, by regulation, 
     national interoperability goals and standards that--
       (1) set short-term, mid-term, and long-term means and 
     minimum performance standards for Federal agencies, States, 
     and local governments;
       (2) recognize--
       (A) the value, life cycle, and technical capabilities of 
     existing communications infrastructure;
       (B) the need for cross-border interoperability between 
     States and nations;
       (C) the unique needs of small, rural communities; and
       (D) the interoperability needs for daily operations and 
     catastrophic events.
       (c) National Interoperability Implementation Plan.--
       (1) Development.--Not later 180 days of the completion of 
     the development of goals and standards under subsection (b), 
     the Secretary of Homeland Security shall develop an 
     implementation plan that--
       (A) outlines the responsibilities of the Department of 
     Homeland Security; and
       (B) focuses on providing technical and financial assistance 
     to States and local governments for interoperability planning 
     and implementation.
       (2) Execution.--The Secretary shall execute the plan 
     developed under this subsection as soon as practicable.
       (3) Reports.--
       (A) Initial report.--Upon the completion of the plan under 
     subsection (c), the Secretary shall submit a report that 
     describes such plan to--
       (i) the Committee on Governmental Affairs of the Senate;
       (ii) the Committee on Environment and Public Works of the 
     Senate; and
       (iii) the Select Committee on Homeland Security of the 
     House of Representatives.
       (B) Annual report.--Not later than 1 year after the 
     submission of the report under subparagraph (A), and annually 
     thereafter, the Secretary shall submit a report to the 
     committees referred to in subparagraph (A) that describes the 
     progress made in implementing the plan developed under this 
     subsection.
       (d) International Interoperability.--Not later than 1 year 
     after the date of enactment of this Act, the President shall 
     establish a mechanism for coordinating cross-border 
     interoperability issues between--
       (1) the United States and Canada; and
       (2) the United States and Mexico.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of the fiscal years 2005 through 
     2009--
       (1) such sums as may be necessary to carry out subsection 
     (b);
       (2) such sums as may be necessary to carry out subsection 
     (c); and
       (3) such sums as may be necessary to carry out subsection 
     (d).
                                 ______
                                 
  SA 3833. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in the bill insert the following:
       Sec.  .
       Reported by the Secretary of Defense on Implementation of 
     Recommendations by the

[[Page S10097]]

     Defense Science Board on Preventing and Defending Against 
     Clandestine Nuclear Attack.
       (A) Findings.--A report of the Defense Science Board Task 
     Force on Preventing and Defending Against Clandestine Nuclear 
     Attack of June 2004--
       (1) found that ``little has actually been done against the 
     threat of clandestine nuclear attack'';
       (2) found that nuclear weapons ``are spreading to places 
     and regions where the prospects for effective control to 
     prevent their loss and stem their continued spread are highly 
     uncertain''; and
       (3) called for the Department of Defense to lead an 
     interagency task force to ``develop a multi-element, layered, 
     global, civil/military system of systems and capabilities 
     that would greatly reduce the likelihood of a successful 
     clandestine nuclear attack.''
       (B) Report.--No later than 3 months following the date of 
     enactment of this act, the Secretary of Defense shall submit 
     a report to the Congress describing the steps it has taken to 
     address the recommendations of the Defense Science Board Task 
     force on Preventing and Defending Against Clandestine Nuclear 
     Attack.
                                 ______
                                 
  SA 3834. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

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

       Section 1028(b)(4) of title 18, United States Code, is 
     amended by striking ``or imprisonment for not more than 25 
     years, or both,'' and inserting ``and imprisonment for not 
     more than 25 years''.
                                 ______
                                 
  SA 3835. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for othr purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMMUNICATION SYSTEM GRANTS.

       (a) In General.--The Secretary of Homeland Security may 
     award grants, on a competitive basis, to States, local 
     governments, local law enforcement agencies, and local fire 
     departments to--
       (1) improve communication systems to allow for real time, 
     interoperable communication between State and local first 
     responders; or
       (2) purchase communication systems that allow for real 
     time, interoperable communication between State and local 
     first responders.
       (b) Application.--Any State, local government, local law 
     enforcement agency, or local fire department desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $300,000,000 for each of the fiscal years 
     2005 through 2009 to carry out the provisions of this 
     section.
                                 ______
                                 
  SA 3836. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMMUNICATION SYSTEM GRANTS.

       (a) In General.--The Secretary of Homeland Security may 
     award grants, on a competitive basis, to States, local 
     governments, local law enforcement agencies, and local fire 
     departments to--
       (1) improve communication systems to allow for real time, 
     interoperable communication between State and local first 
     responders; or
       (2) purchase communication systems that allow for real 
     time, interoperable communication between State and local 
     first responders.
       (b) Application.--Any State, local government, local law 
     enforcement agency, or local fire department desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary for each of the 
     fiscal years 2005 through 2009 to carry out the provisions of 
     this section.
                                 ______
                                 
  SA 3837. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

  TITLE IV--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM

     SEC. 401. ESTABLISHMENT.

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

     SEC. 402. PROGRAM REQUIREMENTS.

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

     SEC. 403. ADMINISTRATIVE PROVISIONS.

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

     SEC. 404. REPORT.

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

     SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out the pilot program under this title.
                                 ______
                                 
  SA 3838. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL EMERGENCY TELEMEDICAL COMMUNICATIONS.

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

[[Page S10098]]

     standards for regional interoperating and overlapping 
     information and operational capability response grids in 
     order to achieve coordinated capabilities based on responses 
     among Federal, State, and local responders;
       (C) recommend any changes necessary to integrate technology 
     and clinical practices;
       (D) recommend to the Secretary of Commerce acceptable 
     standard clinical information that could be uniformly applied 
     and available throughout a national telemedical network and 
     tested in the regional networks;
       (E) research, develop, test, and evaluate administrative, 
     physical, and technical guidelines for protecting the 
     confidentiality, integrity, and availability of regional 
     networks and all associated information and advise the 
     Secretary of Commerce on issues of patient data security, and 
     compliance with all applicable regulations;
       (F) in consultation and coordination with the regional 
     telehealth networks established under subsection (b), test 
     such networks for their ability to provide support for the 
     existing and planned efforts of State and local law 
     enforcement, fire departments, health care facilities, and 
     Federal and State public health agencies to prepare for, 
     monitor, respond rapidly to, or manage the events of a 
     biological, chemical, or nuclear terrorist attack or other 
     public health emergencies with respect to each of the 
     functions listed in subparagraphs (A) through (H) of 
     subsection (b)(3); and
       (G) facilitate the development of training programs for 
     responders and a mechanism for training via enhanced advanced 
     distributive learning.
       (3) Membership.--The Task Force shall include 
     representation from--
       (A) relevant Federal agencies;
       (B) relevant State and local government agencies including 
     public health officials;
       (C) professional associations specializing in health care; 
     and
       (D) other relevant private sector organizations, including 
     public health and national telehealth organizations and 
     representatives of academic and corporate information 
     management and information technology organizations.
       (4) Meetings and reports.--
       (A) Meetings.--The Task Force shall meet as the Secretary 
     of Commerce may direct.
       (B) Report.--
       (i) In general.--Not later than 3 years after the date of 
     enactment of this Act the Task Force shall prepare and submit 
     a report to Congress regarding the activities of the Task 
     Force.
       (ii) Contents.--The report described in clause (i) shall 
     recommend, based on the information obtained from the 
     regional telehealth networks established under subsection 
     (b), whether and how to build on existing telehealth networks 
     to develop a National Emergency Telehealth Network.
       (5) Implementation.--The Task Force may carry out 
     activities under this subsection in cooperation with other 
     entities, including national telehealth organizations.
       (6) Termination.--The Task Force shall terminate upon 
     submission of the final report required under paragraph 
     (4)(B).
       (b) Establishment of State and Regional Telehealth 
     Networks.--
       (1) Program authorized.--
       (A) In general.--The Secretary of Commerce, in consultation 
     with the Secretary of Homeland Security and the Secretary of 
     Health and Human Services, is authorized to award grants to 3 
     regional consortia of States to carry out pilot programs for 
     the development of statewide and regional telehealth network 
     testbeds that build on, enhance, and securely link existing 
     State and local telehealth programs.
       (B) Duration.--The Secretary of Commerce shall award grants 
     under this subsection for a period not to exceed 3 years. 
     Such grants may be renewed.
       (C) State consortium plans.--Each regional consortium of 
     States desiring to receive a grant under subparagraph (A) 
     shall submit to the Secretary of Commerce a plan that 
     describes how such consortium shall--
       (i) interconnect existing telehealth systems in a 
     functional and seamless fashion to enhance the ability of the 
     States in the region to prepare for, monitor, respond to, and 
     manage the events of a biological, chemical, or nuclear 
     terrorist attack or other public health emergencies; and
       (ii) link to other participating States in the region via a 
     standard interoperable connection using standard information.
       (D) Priority.--In making grants under this subsection, the 
     Secretary of Commerce shall give priority to regional 
     consortia of States that demonstrate--
       (i) the interest and participation of a broad cross section 
     of relevant entities, including public health offices, 
     emergency preparedness offices, and health care providers;
       (ii) the ability to connect major population centers as 
     well as isolated border, rural, and frontier communities 
     within the region to provide medical, public health, and 
     emergency services in response to a biological, chemical, or 
     nuclear terrorist attack or other public health emergencies;
       (iii) an existing telehealth and telecommunications 
     infrastructure that connects relevant State agencies, health 
     care providers, universities, and relevant Federal agencies; 
     and
       (iv) the ability to quickly complete development of a 
     region-wide interoperable emergency telemedical network to 
     expand communications and service capabilities and facilitate 
     coordination among multiple medical, public health, and 
     emergency response agencies, and the ability to test 
     recommendations of the task force established under 
     subsection (a) within 3 years.
       (2) Regional networks.--A consortium of States awarded a 
     grant under paragraph (1) shall develop a regional telehealth 
     network to support emergency response activities and provide 
     medical services by linking established telehealth 
     initiatives within the region to and with the following:
       (A) First responders, such as police, firefighters, and 
     emergency medical service providers.
       (B) Front line health care providers, including hospitals, 
     emergency medical centers, medical centers of the Department 
     of Defense and the Department of Veterans Affairs, and 
     public, private, community, rural, and Indian Health Service 
     clinics.
       (C) State and local public health departments, offices of 
     rural health, and relevant Federal agencies.
       (D) Experts on public health, bioterrorism, nuclear safety, 
     chemical weapons and other relevant disciplines.
       (E) Other relevant entities as determined appropriate by 
     such consortium.
       (3) Functions of the networks.--Once established, a 
     regional telehealth network under this subsection shall test 
     the feasibility of recommendations (including recommendations 
     relating to standard clinical information, operational 
     capability, and associated technology and information 
     standards) described in subparagraphs (B) through (E) of 
     subsection (a)(2), and provide reports to the task force 
     established under subsection (a), on such network's ability, 
     in preparation of and in response to a biological, chemical, 
     or nuclear terrorist attack or other public health 
     emergencies, to support each of the following functions:
       (A) Rapid emergency response and coordination.
       (B) Real-time data collection for information 
     dissemination.
       (C) Environmental monitoring.
       (D) Early identification and monitoring of biological, 
     chemical, or nuclear exposures.
       (E) Situationally relevant expert consultative services for 
     patient care and front-line responders.
       (F) Training of responders.
       (G) Development of an advanced distributive learning 
     network.
       (H) Distance learning for the purposes of medical and 
     clinical education, and simulation scenarios for ongoing 
     training.
       (4) Requirements.--In awarding a grant under paragraph (1), 
     the Secretary of Commerce shall--
       (A) require that each regional network adopt common 
     administrative, physical, and technical approaches for 
     seamless interoperability and to protect the network's 
     confidentiality, integrity, and availability, taking into 
     consideration guidelines developed by the task force 
     established under subsection (a); and
       (B) require that each regional network inventory and report 
     to the task force established under subsection (a), the 
     technology and technical infrastructure available to such 
     network.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $150,000,000 for fiscal years 2005, 
     2006, and 2007. Amounts made available under this paragraph 
     shall remain available until expended.
       (2) Limit on administrative expenses.--Not more than 5 
     percent of the amount made available for each fiscal year 
     under paragraph (1) shall be used for Task Force 
     administrative costs.
                                 ______
                                 
  SA 3839. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye) 
proposed an amendment to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; as follows:

       On page 115, strike line 13 and all that follows through 
     page 116, line 23.
                                 ______
                                 
  SA 3840. Mr. STEVENS (for himself, Mr. Warner, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 109, strike line 4 and all that follows through 
     page 113, line 3.
       On page 113, line 4, strike ``163.'' and insert ``162.''.
       On page 114, line 1, strike ``164.'' and insert ``163.''.
                                 ______
                                 
  SA 3841. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end, insert the following new title:

[[Page S10099]]

                   TITLE IV--TRANSPORTATION SECURITY

     SEC. 401. WATCHLISTS FOR PASSENGERS ABOARD VESSELS.

       (a) In General.--As soon as practicable but not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall--
       (1) implement a procedure under which the Department of 
     Homeland Security compares information about passengers who 
     are to be carried aboard a cruise ship with a comprehensive, 
     consolidated database containing information about known or 
     suspected terrorists and their associates; and
       (2) use the information obtained by comparing the passenger 
     information with the information in the database to prevent 
     known or suspected terrorists and their associates from 
     boarding such vessels or to subject them to specific 
     additional security scrutiny, through the use of ``no 
     transport'' and ``automatic selectee'' lists or other means.
       (b) Cooperation from Operators of Passenger Vessels.--The 
     Secretary of Homeland Security shall by order require 
     operators of cruise ships to provide the passenger 
     information necessary to implement the procedure required by 
     subsection (a).
       (c) Maintaining the Accuracy and Integrity of the ``No 
     Transport'' and ``Automatic Selectee'' Lists.--
       (1) Watchlist database.--The Secretary of Homeland 
     Security, in consultation with the Director of the Federal 
     Bureau of Investigations, shall design guidelines, policies, 
     and operating procedures for the collection, removal, and 
     updating of data maintained, or to be maintained, in the 
     watchlist database described in subsection (a)(1) that are 
     designed to ensure the accuracy and integrity of the 
     databases.
       (2) Accuracy of Entries.--In developing the ``no 
     transport'' and ``automatic selectee'' lists under subsection 
     (a)(1), the Secretary of Homeland Security shall establish a 
     simple and timely method for correcting erroneous entries, 
     for clarifying information known to cause false hits or 
     misidentification errors, and for updating relevant 
     information that is dispositive in the passenger screening 
     process. The Secretary shall also establish a process to 
     provide an individual whose name is confused with, or similar 
     to, a name in the watchlist database with a means of 
     demonstrating that such individual is not the person named in 
     the database.
       (d) Cruise Ship Defined.--In this section, the term 
     ``cruise ship''--
       (1) means any vessel (except one described in paragraph 
     (2)) that--
       (A) weighs over 100 gross register tons;
       (B) carries more than 200 passengers for hire;
       (C) makes voyages lasting more than 24 hours, of which any 
     part is on the high seas; and
       (D) carries passengers who embark and disembark in the 
     United States or its territories or possessions; and
       (2) does not mean a ferry that--
       (A) holds a Coast Guard Certificate of Inspection endorsed 
     for ``Lakes, Bays, and Sounds''; and
       (B) transits international waters for only short periods of 
     time on frequent schedules.
                                 ______
                                 
  SA 3842. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 69, line 12, insert ``In carrying out the duties 
     and responsibilities specified in this Act, the Inspector 
     General shall give particular regard to the activities of the 
     internal audit, inspection, and investigative units of the 
     Inspectors General of the elements of the intelligence 
     community with a view toward avoiding duplication and 
     ensuring effective coordination and cooperation.'' after the 
     period.
                                 ______
                                 
  SA 3843. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REFORM OF SENATE OVERSIGHT OF INTELLIGENCE AND 
                   HOMELAND SECURITY.

       (a) Establishing a Permanent Committee on Intelligence.--
       (1) In general.--There is established in the Senate a 
     Committee on Intelligence (referred to in this subsection as 
     the ``committee'') with majority party's representation on 
     the committee never exceeding that of the minority party by 
     more than one.
       (2) Membership.--Four of the members of the committee shall 
     be members of one of the following committees: Armed 
     Services, Judiciary, Foreign Relations, and the Defense 
     Appropriations Subcommittee on the Committee of 
     Appropriations.
       (3) Term limits.--Members shall serve on the committee 
     without term limits.
       (4) Subpoena authority.--The committee shall have subpoena 
     authority.
       (5) Staff and subcommittee.--The committee shall have--
       (A) subcommittees with at least a one subcommittee with 
     operational oversight of the National Intelligence Program;
       (B) responsibilities other than budget development; and
       (C) staff appropriately sized to meet the mission of the 
     committee.
       (6) Jurisdiction.--The committee shall have sole 
     jurisdiction over the authorization and appropriation for all 
     programs in the National Intelligence Program.
       (b) Establishing a Single Point of Jurisdiction for the 
     Department of Homeland Security.--
       (1) In general.--There is established in the Senate a 
     Committee on Homeland Security (referred to in this 
     subsection as the ``committee'') with jurisdiction for the 
     Department of Homeland Security and its duties.
       (2) Staff.--The committee shall be a permanent standing 
     committee with a nonpartisan staff.
       (3) Other committees.--The jurisdiction of the committee 
     shall supersede the jurisdiction of any other committee of 
     the Senate.
       (c) Repeal.--S. Res. 400 (94th Congress) is repealed.
       (d) Effective Date.--This section shall take effect on the 
     convening of the 109th Congress.
                                 ______
                                 
  SA 3844. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GUARANTEED HOMELAND SECURITY GRANT FUNDING.

       The Secretary of Homeland Security shall ensure that each 
     State receives an amount of grant funding in fiscal year 
     2005, and each subsequent fiscal year, under the State 
     Homeland Security Grant Program, the Urban Area Security 
     Initiative, and the Law Enforcement Terrorism Prevention 
     Program that is not less than the amount received by such 
     State for such programs in fiscal year 2004.
                                 ______
                                 
  SA 3845. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

[[Page S10100]]

       (iv) in the case of a transfer of funds, the transfer 
     results in a cumulative transfer of funds out of any 
     department, agency, or element, as appropriate, funded in the 
     National Intelligence Program in a single fiscal year--
       (I) that is less than $100,000,000; and
       (II) that is less than 5 percent of amounts available to 
     such department, agency, or element; and
       (v) the transfer does not terminate a program.
       (B) A transfer may be made without regard to a limitation 
     set forth in clause (iv) or (v) of subparagraph (A) if the 
     transfer has the concurrence of the head of the department, 
     agency, or element concerned. The authority to provide such 
     concurrence may only be delegated by the head of the 
     department, agency, or element concerned to the deputy of 
     such officer.
       (4) Funds transferred under this subsection shall remain 
     available for the same period as the appropriations account 
     to which transferred.
       (5) Any transfer of funds under this subsection shall be 
     carried out in accordance with existing procedures applicable 
     to reprogramming notifications for the appropriate 
     congressional committees. Any proposed transfer for which 
     notice is given to the appropriate congressional committees 
     shall be accompanied by a report explaining the nature of the 
     proposed transfer and how it satisfies the requirements of 
     this subsection. In addition, the congressional intelligence 
     committees shall be promptly notified of any transfer of 
     funds made pursuant to this subsection in any case in which 
     the transfer would not have otherwise required reprogramming 
     notification under procedures in effect as of the date of the 
     enactment of this subsection.
       (6)(A) The National Intelligence Director shall promptly 
     submit a report on any transfer of personnel under this 
     subsection to--
       (i) the congressional intelligence committees;
       (ii) the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives;
       (iii) in the case of the transfer of personnel to or from 
     the Department of Defense, the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives; and
       (iv) in the case of the transfer of personnel to or from 
     the Department of Justice, to the Committees on the Judiciary 
     of the Senate and the House of Representatives.
       (B) The Director shall include in any such report an 
     explanation of the nature of the transfer and how it 
     satisfies the requirements of this subsection.
       On page 47, line 19, insert before the period the following 
     ``, by and with the advice and consent of the Senate''.
       On page 53, line 2, insert before the period the following 
     ``, by and with the advice and consent of the Senate''.
       On page 55, beginning on line 5, strike ``the National 
     Intelligence Director'' and insert ``the President, by and 
     with the advice and consent of the Senate''.
       On page 60, beginning on line 14, strike ``appropriately''.
       On page 61, line 11, insert ``and Congress'' after 
     ``Director''.
       On page 61, line 21, strike ``significant''.
       On page 63, line 16, insert ``and the congressional 
     intelligence committees'' after ``National Intelligence 
     Director''.
       On page 138, beginning on line 21, strike ``and to 
     Congress'' and insert ``, to the Select Committee on 
     Intelligence and the Committees on Appropriations and 
     Governmental Affairs of the Senate, and to the Permanent 
     Select Committee on Intelligence and the Committees on 
     Appropriations and Government Reform of the House of 
     Representatives''.
       On page 140, strike lines 5 through 14 and insert the 
     following:
       (2) Deputy director of management and budget for 
     information sharing.--There is within the Office of 
     Management and Budget a Deputy Director of Management and 
     Budget for Information Sharing who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Deputy Director shall carry out the day-to-day duties of 
     the Director specified in this section. The Deputy Director 
     shall report directly to the Director of the Office of 
     Management and Budget. The Deputy Director shall be paid at
       On page 174, strike lines 14 through 22.
                                 ______
                                 
  SA 3846. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; as follows:

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

     SEC. 123. NATIONAL INTELLIGENCE COUNCIL.

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

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

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

     SEC. 125. INTELLIGENCE COMPTROLLER.

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

[[Page S10101]]

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

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

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

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

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

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

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

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

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

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

       (a) Chief Financial Officer of National Intelligence 
     Authority.--There is a Chief Financial Officer of the 
     National Intelligence Authority who shall be designated by 
     the President, in consultation with the National Intelligence 
     Director.
       (b) Designation Requirements.--The designation of an 
     individual as Chief Financial Officer of the National 
     Intelligence Authority shall be subject to applicable 
     provisions of section 901(a) of title 31, United States Code.
       (c) Authorities and Functions.--The Chief Financial Officer 
     of the National Intelligence Authority shall have such 
     authorities, and carry out such functions, with respect to 
     the National Intelligence Authority as are provided for an 
     agency Chief Financial Officer by section 902 of title 31, 
     United States Code, and other applicable provisions of law.
       (d) Coordination With NIA Comptroller.--(1) The Chief 
     Financial Officer of the National Intelligence Authority 
     shall coordinate with the Comptroller of the National 
     Intelligence Authority in exercising the authorities and 
     performing the functions provided for the Chief Financial 
     Officer under this section.
       (2) The National Intelligence Director shall take such 
     actions as are necessary to prevent duplication of effort by 
     the Chief Financial Officer of the National Intelligence 
     Authority and the Comptroller of the National Intelligence 
     Authority.
       (e) Integration of Financial Systems.--Subject to the 
     supervision, direction, and control of the National 
     Intelligence Director, the Chief Financial Officer of the 
     National Intelligence Authority shall take appropriate 
     actions to ensure the timely and effective integration of the 
     financial systems of the National Intelligence Authority 
     (including any elements or components transferred to the 
     Authority by this Act), and of the financial systems of the 
     Authority with applicable portions of the financial systems 
     of the other elements of the intelligence community, as soon 
     as possible after the date of the enactment of this Act.
       (f) Protection of Annual Financial Statement From 
     Disclosure.--The annual financial statement of the National 
     Intelligence Authority required under section 3515 of title 
     31, United States Code--
       (1) shall be submitted in classified form; and
       (2) notwithstanding any other provision of law, shall be 
     withheld from public disclosure.

     SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

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

   Subtitle D--Additional Elements of National Intelligence Authority

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

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

[[Page S10102]]

     programs and operations, and in such relationships; and
       (B) to prevent and detect fraud and abuse in such programs, 
     operations, and relationships;
       (3) provide a means for keeping the National Intelligence 
     Director and Congress fully and currently informed about--
       (A) problems and deficiencies relating to the 
     administration of such programs and operations, and to such 
     relationships; and
       (B) the necessity for, and the progress of, corrective 
     actions; and
       (4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       (A) problems and deficiencies relating to the 
     administration of such programs and operations, and to such 
     relationships; and
       (B) the necessity for, and the progress of, corrective 
     actions.
       (c) Inspector General of National Intelligence Authority.--
     (1) There is an Inspector General of the National 
     Intelligence Authority, who shall be the head of the Office 
     of the Inspector General of the National Intelligence 
     Authority, who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       (2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       (A) without regard to political affiliation;
       (B) solely on the basis of integrity, compliance with the 
     security standards of the National Intelligence Authority, 
     and prior experience in the field of intelligence or national 
     security; and
       (C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       (3) The Inspector General shall report directly to and be 
     under the general supervision of the National Intelligence 
     Director.
       (4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       (d) Duties and Responsibilities.--It shall be the duty and 
     responsibility of the Inspector General of the National 
     Intelligence Authority--
       (1) to provide policy direction for, and to plan, conduct, 
     supervise, and coordinate independently, the investigations, 
     inspections, and audits relating to the programs and 
     operations of the National Intelligence Authority, the 
     relationships among the elements of the intelligence 
     community within the National Intelligence Program, and the 
     relationships between the elements of the intelligence 
     community within the National Intelligence Program and the 
     other elements of the intelligence community to ensure they 
     are conducted efficiently and in accordance with applicable 
     law and regulations;
       (2) to keep the National Intelligence Director and the 
     congressional intelligence committees
                                 ______
                                 
  SA 3847. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; as follows:

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

     appropriated to the National Intelligence Authority and under 
     the direct jurisdiction of the National Intelligence 
     Director.
       (2) The Director shall manage and oversee the execution by 
     each element of the intelligence community of any amounts 
     appropriated or otherwise made available to such element 
     under the National Intelligence Program.
       (e) Role in Reprogramming or Transfer of NIP Funds by 
     Elements of Intelligence Community.--(1) No funds made 
     available under the National Intelligence Program may be 
     reprogrammed or transferred by any agency or element of the 
     intelligence community without the prior approval of the 
     National Intelligence Director except in accordance with 
     procedures issued by the Director.
       (2) The head of the department concerned shall consult with 
     the Director before reprogramming or transferring funds 
     appropriated or otherwise made available to an agency or 
     element of the intelligence community that does not have any 
     program, project, or activity within the National 
     Intelligence Program.
       (3) The Director shall, before reprogramming funds 
     appropriated or otherwise made available for an element of 
     the intelligence community within the National Intelligence 
     Program, consult with the head of the department or agency 
     having jurisdiction over such element regarding such 
     reprogramming.
       (4)(A) The Director shall consult with the appropriate 
     committees of Congress regarding modifications of existing 
     procedures to expedite the reprogramming of funds within the 
     National Intelligence Program.
       (B) Any modification of procedures under subparagraph (A) 
     shall include procedures for the notification of the 
     appropriate committees of Congress of any objection raised by 
     the head of a department or agency to a reprogramming 
     proposed by the Director as a result of consultations under 
     paragraph (3).
       (f) Role of National Intelligence Director in 
     Reprogramming.--(1) No funds made available under the 
     National Intelligence Program may be transferred or 
     reprogrammed without the prior approval of the National 
     Intelligence Director, except in accordance with procedures 
     prescribed by the National Intelligence Director.
       (2) The Secretary of Defense shall consult with the 
     National Intelligence Director before transferring or 
     reprogramming funds made available under the Joint Military 
     Intelligence Program.
       (g) Transfer of Funds or Personnel Within National 
     Intelligence Program.--(1) In addition to any other 
     authorities available under law for such purposes, the 
     National Intelligence Director, with the approval of the 
     Director of the Office of Management and Budget--
       (A) may transfer funds appropriated for a program within 
     the National Intelligence Program to another such program; 
     and
       (B) in accordance with procedures to be developed by the 
     National Intelligence Director, the heads of the departments 
     and agencies concerned may transfer personnel authorized for 
     an element of the intelligence community to another such 
     element for periods up to one year.
       (2) The amounts available for transfer in the National 
     Intelligence Program in any given fiscal year, and the terms 
     and conditions governing such transfers, are subject to the 
     provisions of annual appropriations Acts and this subsection.
       (3)(A) A transfer of funds or personnel may be made under 
     this subsection only if--
       (i) the funds or personnel are being transferred to an 
     activity that is a higher priority intelligence activity;
       (ii) the need for funds or personnel for such activity is 
     based on unforeseen requirements;
       (iii) the transfer does not involve a transfer of funds to 
     the Reserve for Contingencies of the National Intelligence 
     Director;
       (iv) in the case of a transfer of funds, the transfer 
     results in a cumulative transfer of funds out of any 
     department, agency, or element, as appropriate, funded in the 
     National Intelligence Program in a single fiscal year--
       (I) that is less than $100,000,000; and
       (II) that is less than 5 percent of amounts available to 
     such department, agency, or element; and
       (v) the transfer does not terminate a program.
       (B) A transfer may be made without regard to a limitation 
     set forth in clause (iv) or (v) of subparagraph (A) if the 
     transfer has the concurrence of the head of the department, 
     agency, or element concerned. The authority to provide such 
     concurrence may only be delegated by the head of the 
     department, agency, or element concerned to the deputy of 
     such officer.
       (4) Funds transferred under this subsection shall remain 
     available for the same period as the appropriations account 
     to which transferred.
       (5) Any transfer of funds under this subsection shall be 
     carried out in accordance with existing procedures applicable 
     to reprogramming notifications for the appropriate 
     congressional committees. Any proposed transfer for which 
     notice is given to the appropriate congressional committees 
     shall be accompanied by a report explaining the nature of the 
     proposed transfer and how it satisfies the requirements of 
     this subsection. In addition, the congressional intelligence 
     committees shall be promptly notified of any transfer of 
     funds made pursuant to this subsection in any case in which 
     the transfer would not have otherwise required reprogramming 
     notification under procedures in effect as of the date of the 
     enactment of this subsection.
       (6)(A) The National Intelligence Director shall promptly 
     submit a report on any transfer of personnel under this 
     subsection to--
       (i) the congressional intelligence committees;
       (ii) the Committee on Appropriations of the Senate and the 
     Committee on Appropriations of the House of Representatives;
       (iii) in the case of the transfer of personnel to or from 
     the Department of Defense, the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives; and
       (iv) in the case of the transfer of personnel to or from 
     the Department of Justice, to the Committees on the Judiciary 
     of the Senate and the House of Representatives.
       (B) The Director shall include in any such report an 
     explanation of the nature of the transfer and how it 
     satisfies the requirements of this subsection.
                                 ______
                                 
  SA 3848. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 153, strike line 5 and all that follows through 
     page 164, line 15, and insert the following:

     SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

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

[[Page S10103]]

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

[[Page S10104]]

       (B) Members.--Each member of the Board shall be compensated 
     at a rate of pay payable for a position at level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day during which that member is engaged 
     in the actual performance of the duties of the Board.
       (2) Travel expenses.--Members of the Board shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for persons employed intermittently by 
     the Government under section 5703(b) of title 5, United 
     States Code, while away from their homes or regular places of 
     business in the performance of services for the Board.
       (j) Staff.--
       (1) Appointment and compensation.--The Chairman, in 
     accordance with rules agreed upon by the Board, shall appoint 
     and fix the compensation of a full-time executive director 
     and such other personnel as may be necessary to enable the 
     Board to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (2) Detailees.--Any Federal employee may be detailed to the 
     Board without reimbursement from the Board, and such detailee 
     shall retain the rights, status, and privileges of the 
     detailee's regular employment without interruption.
       (3) Consultant services.--The Board may procure the 
     temporary or intermittent services of experts and consultants 
     in accordance with section 3109 of title 5, United States 
     Code, at rates that do not exceed the daily rate paid a 
     person occupying a position at level IV of the Executive 
     Schedule under section 5315 of such title.
       (k) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch shall 
     cooperate with the Board to expeditiously provide the Board 
     members and staff with appropriate security clearances to the 
     extent possible under existing procedures and requirements.
       (l) Transmittal of Certain Matters.--
       (1) Budgets.--Whenever the Board submits to the Director of 
     the Office of Management and Budget an estimate or request 
     regarding the budget of the Board, the Board shall 
     concurrently submit such estimate or request to Congress.
       (2) Proposals or comments on legislation.--
       (B) Prohibition on interference.--No officer of the 
     executive branch may require the Board to submit a proposal 
     for legislation, or recommendations, comments, or testimony 
     on a proposal for legislation, to such officer for the 
     comment, review, or approval of such officer before its 
     submittal to Congress under subparagraph (A).
       (m) Treatment as Agency, Not as Advisory Committee.--The 
     Board--
                                 ______
                                 
  SA 3849. Mr. CORZINE (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 TITLE __--CHEMICAL FACILITIES SECURITY

     SEC. __01. SHORT TITLE.

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

     SEC. __02. DEFINITIONS.

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

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

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

     SEC. __03. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

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

[[Page S10105]]

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

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

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

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

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

[[Page S10106]]

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

     SEC. __04. ENFORCEMENT.

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

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

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

     SEC. __05. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

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

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

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

[[Page S10107]]

     SEC. __07. PENALTIES.

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

     SEC. __08. PROTECTION OF INFORMATION.

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

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

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

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

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

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

[[Page S10108]]

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

     SEC. __09. PROVISION OF TRAINING AND OTHER ASSISTANCE.

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

     SEC. __10. JUDICIAL REVIEW.

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

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

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

     SEC. __12. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means a retail or production 
     agricultural business (including a business that is engaged 
     in the production or processing of seafood) that employs not 
     more than such number of individuals at a chemical source 
     included in the list described in section __03(f) as shall be 
     determined by the Secretary, in consultation with the 
     Administrator of the Small Business Administration and the 
     Secretary of Agriculture.
       (b) Grants.--The Secretary shall provide grants to an 
     eligible entity that is a chemical source included in the 
     list described in section __03(f) selected under this section 
     to enable the eligible entity at the chemical source--
       (1) to improve security measures; and
       (2) to protect against or reduce the consequence of a 
     terrorist attack.
       (c) Criteria.--In establishing criteria for the selection 
     of, or in otherwise selecting, eligible entities to receive a 
     grant under this section, the Secretary shall--
       (1) consider on an individual, location-by-location basis, 
     each applicant for a grant; and
       (2) require each eligible entity that receives a grant to 
     use funds from the grant only for the purposes described in 
     subsection (b) in accordance with guidance of the Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3850. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 213, after line 12 insert the following:

                        TITLE IV--OTHER MATTERS

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

       (a) Provision of Information to NCIC.--
       (1) In general.--The Secretary of State, in consultation 
     with the Secretary of Homeland Security, shall submit to the 
     National Crime Information Center of the Department of 
     Justice information regarding the revocation of an alien's 
     visa and any other appropriate information regarding such 
     alien. Such information shall be submitted regardless of 
     whether the alien has been removed from the United States.
       (2) Initial submission of information.--Not later than 60 
     days after the date of enactment of this Act, the Secretary 
     of State, in consultation with the Secretary of Homeland 
     Security, shall submit to the National Crime Information 
     Center the information described in paragraph (1) for any 
     alien whose visa was revoked prior to the date of enactment 
     of this Act.
       (b) Authority to Receive Information.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(5) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States.''.
       (2) Conforming amendments.--Such section, as amended by 
     paragraph (1), is further amended--
       (A) in paragraph (3), by striking ``and'' at the end; and
       (B) in paragraph (4), by striking the period at the end and 
     inserting a semicolon and ``and''.
       (c) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section and the amendments 
     made by this section shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3851. Mr. GRASSLEY (for himself, Mr. Chambliss, and Mr. Kyl) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 213, strike line 12 and insert the following:

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

                        TITLE IV--OTHER MATTERS

     SEC. 401. VISA REVOCATION.

       (a) Limitation on Review.--Section 221(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended 
     by adding at the end the following: ``There shall be no means 
     of administrative or judicial review of a revocation under 
     this subsection, and no court or other person otherwise shall 
     have jurisdiction to consider any claim challenging the 
     validity of such a revocation.''.
       (b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of 
     the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) 
     is amended by striking ``United States is'' and inserting the 
     following: ``United States, or whose visa (or other 
     documentation authorizing admission into the United States) 
     has been revoked under section 221(i), is''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to revocations under section 221(i) of the 
     Immigration and Nationality Act made before, on, or after 
     such date.
                                 ______
                                 
  SA 3852. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, insert the following new title:

                TITLE IV--INTERVIEWS OF VISA APPLICANTS

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

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

[[Page S10109]]

     age and who is applying for a nonimmigrant visa, require the 
     alien to submit to a personal interview in accordance with 
     such regulations as may be prescribed unless--
       ``(A) such alien is within that class of nonimmigrants 
     enumerated in section 101(a)(15)(A) or 101(a)(15)(G) or is 
     granted a diplomatic visa on a diplomatic passport or on the 
     equivalent thereof;
       ``(B) such alien is applying for a visa--
       ``(i) not more than 12 months after the date on which the 
     alien's prior visa expired;
       ``(ii) for the classification under section 101(a)(15) for 
     which such prior visa was issued; and
       ``(iii) from the consular post located near the alien's 
     usual residence; or
       ``(C) the consular officer determines that it is in the 
     national interest of the United States to waive the personal 
     interview of such alien and properly documents the 
     justification for such waiver;
       ``(2) with respect to an alien who is at least 14 years of 
     age and not more than 80 years of age and who is applying for 
     a nonimmigrant visa, require the alien to appear in person 
     for the purpose of providing biometric data, including 
     electronic fingerscans, in accordance with such regulations 
     as may be prescribed unless such alien is within that class 
     of nonimmigrants enumerated in section 101(a)(15)(A) or 
     101(a)(15)(G); and
       ``(3) with respect to an alien who is applying for an 
     immigrant or a nonimmigrant visa who is a national of a 
     country officially designated by the Secretary of State as a 
     state sponsor of terrorism, require the alien to submit to a 
     personal interview in accordance with such regulations as may 
     be prescribed.''.
                                 ______
                                 
  SA 3853. Mr. GRASSLEY (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following new title:

            TITLE IV--FEDERAL BUREAU OF INVESTIGATION REFORM

     SEC. 401. SHORT TITLE.

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

                  Subtitle A--Whistleblower Protection

     SEC. 411. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

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

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

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

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

                Subtitle B--FBI Security Career Program

     SEC. 421. SECURITY MANAGEMENT POLICIES.

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

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

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

     SEC. 423. DIRECTOR OF SECURITY.

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

     SEC. 424. SECURITY CAREER PROGRAM BOARDS.

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

     SEC. 425. DESIGNATION OF SECURITY POSITIONS.

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

     SEC. 426. CAREER DEVELOPMENT.

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

[[Page S10110]]

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

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

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

     SEC. 428. EDUCATION AND TRAINING PROGRAMS.

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

     SEC. 429. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

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

         Subtitle C--FBI Counterintelligence Polygraph Program

     SEC. 431. DEFINITIONS.

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

     SEC. 432. ESTABLISHMENT OF PROGRAM.

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

     SEC. 433. REGULATIONS.

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

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

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

                          Subtitle D--Reports

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

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

                 Subtitle E--Ending the Double Standard

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

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

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

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

[[Page S10111]]

      Subtitle F--Enhancing Security at the Department of Justice

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

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

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

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

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

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Office of Intelligence 
     Policy and Review to help meet the increased personnel 
     demands to combat terrorism, process applications to the 
     Foreign Intelligence Surveillance Court, participate 
     effectively in counterespionage investigations, provide 
     policy analysis and oversight on national security matters, 
     and enhance secure computer and telecommunications 
     facilities--
       (1) $7,000,000 for fiscal years 2005 and 2006;
       (2) $7,500,000 for fiscal year 2007; and
       (3) $8,000,000 for fiscal year 2008.
                                 ______
                                 
  SA 3854. Mr. TALENT submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STATE REPROGRAMMING OF GRANT FUNDS.

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

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

       ``(a) Authorization.--The Director of the Office for State 
     and Local Government Coordination and Preparedness may 
     approve requests from the senior official responsible for 
     emergency preparedness and response in each State to 
     reprogram funds appropriated for the State Homeland Security 
     Grant Program of the Office for State and Local Government 
     Coordination and Preparedness to address specific security 
     requirements that are based on credible threat assessments, 
     particularly threats that arise after the State has submitted 
     an application describing its intended use of such grant 
     funds.
       ``(b) Limitation.--For each State, the amount of funds 
     reprogrammed under this section shall not exceed 10 percent 
     of the total annual allocation for such State under the State 
     Homeland Security Grant Program; and
       ``(c) Consultation.--Before reprogramming funds under this 
     section, a State official described in subsection (a) shall 
     consult with relevant local officials.''.
                                 ______
                                 
  SA 3855. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMBATTING TERRORIST FINANCING.

       (a) Specified Activities for Money Laundering.--
       (1) RICO definitions.--Section 1961(1) of title 18, United 
     States Code, is amended--
       (A) in subparagraph (A), by inserting ``burglary, 
     embezzlement,'' after ``robbery,'';
       (B) in subparagraph (B), by--
       (i) inserting ``section 1960 (relating to illegal money 
     transmitters),'' before ``sections 2251'';
       (ii) striking ``1588'' and inserting ``1592'';
       (iii) inserting ``and 1470'' after ``1461-1465''; and
       (iv) inserting ``2252A,'' after ``2252,'';
       (C) in subparagraph (D), by striking ``fraud in the sale of 
     securities'' and inserting ``fraud in the purchase or sale of 
     securities''; and
       (D) in subparagraph (F), by inserting ``and 274A'' after 
     ``274''.
       (2) Monetary investments.--Section 1956(c)(7)(D) of title 
     18, United States Code, is amended--
       (A) by inserting ``, or section 2339C (relating to 
     financing of terrorism)'' before ``of this title''; and
       (B) by striking ``or any felony violation of the Foreign 
     Corrupt Practices Act'' and inserting ``any felony violation 
     of the Foreign Corrupt Practices Act, or any violation of 
     section 208 of the Social Security Act (42 U.S.C. 408) 
     (relating to obtaining funds through misuse of a social 
     security number)''.
       (3) Conforming amendments.--
       (A) Monetary instruments.--Section 1956(e) of title 18, 
     United States Code, is amended to read as follows:
       ``(e) Violations of this section may be investigated by 
     such components of the Department of Justice as the Attorney 
     General may direct, and by such components of the Department 
     of the Treasury as the Secretary of the Treasury may direct, 
     as appropriate, and, with respect to offenses over which the 
     Department of Homeland Security has jurisdiction, by such 
     components of the Department of Homeland Security as the 
     Secretary of Homeland Security may direct, with respect to 
     the offenses over which the Social Security Administration 
     has jurisdiction, as the Commissioner of Social Security may 
     direct, and with respect to offenses over which the United 
     States Postal Service has jurisdiction, as the Postmaster 
     General may direct. The authority under this subsection of 
     the Secretary of the Treasury, the Secretary of Homeland 
     Security, the Commissioner of Social Security, and the 
     Postmaster General shall be exercised in accordance with an 
     agreement which shall be entered into by the Secretary of the 
     Treasury, the Secretary of Homeland Security, the 
     Commissioner of Social Security, the Postmaster General, and 
     the Attorney General. Violations of this section involving 
     offenses described in subsection (c)(7)(E) may be 
     investigated by such components of the Department of Justice 
     as the Attorney General may direct, and the National 
     Enforcement Investigations Center of the Environmental 
     Protection Agency.''.
       (B) Property from unlawful activity.--Section 1957(e) of 
     title 18, United States Code, is amended to read as follows:
       ``(e) Violations of this section may be investigated by 
     such components of the Department of Justice as the Attorney 
     General may direct, and by such components of the Department 
     of the Treasury as the Secretary of the Treasury may direct, 
     as appropriate, and, with respect to offenses over which the 
     Department of Homeland Security has jurisdiction, by such 
     components of the Department of Homeland Security as the 
     Secretary of Homeland Security may direct, and, with respect 
     to offenses over which the United States Postal Service has 
     jurisdiction, by the Postmaster General. The authority under 
     this subsection of the Secretary of the Treasury, the 
     Secretary of Homeland Security, and the Postmaster General 
     shall be exercised in accordance with an agreement which 
     shall be entered into by the Secretary of the Treasury, the 
     Secretary of Homeland Security, the Postmaster General, and 
     the Attorney General.''.
       (b) Illegal Money Transmitting Businesses.--
       (1) Technical amendments.--Section 1960 of title 18, United 
     States Code, is amended--
       (A) in the caption by striking ``unlicensed'' and inserting 
     ``illegal'';
       (B) in subsection (a), by striking ``unlicensed'' and 
     inserting ``illegal'';
       (C) in subsection (b)(1), by striking ``unlicensed'' and 
     inserting ``illegal''; and
       (D) in subsection (b)(1)(C), by striking ``to be used to be 
     used'' and inserting ``to be used''.
       (2) Prohibition on unlicensed money transmitting 
     businesses.--Section 1960(b)(1)(B) of title 18, United States 
     Code, is amended by inserting the following before the 
     semicolon: ``, whether or not the defendant knew that the 
     operation was required to comply with such registration 
     requirements''.
       (3) Authority to investigate.--Section 1960 of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Investigations of violations of this section shall be 
     coordinated by the Secretary of the Treasury, and may be 
     conducted by the Attorney General, the Secretary of the 
     Treasury, and the Secretary of the Department of Homeland 
     Security.''.
       (c) Assets of Persons Committing Terrorist Acts Against 
     Foreign Countries or International Organizations.--Section 
     981(a)(1)(G) of title 18, United States Code, is amended--
       (1) by striking ``or'' at the end of clause (ii);
       (2) by striking the period at the end of clause (iii) and 
     inserting ``; or''; and
       (3) by inserting after clause (iii) the following:
       ``(iv) of any individual, entity, or organization engaged 
     in planning or perpetrating any act of international 
     terrorism (as defined in section 2331) against any 
     international organization (as defined in section 209 of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     4309(b))) or against any foreign government. Where the 
     property sought for forfeiture is located beyond the 
     territorial boundaries of the United States, an act in 
     furtherance of such planning or perpetration must have 
     occurred within the jurisdiction of the United States.''.
       (d) Money Laundering Through Informal Value Transfer 
     Systems.--Section 1956(a)

[[Page S10112]]

     of title 18, United States Code, is amended by adding at the 
     end the following:
       ``(4) A transaction described in paragraph (1) or a 
     transportation, transmission, or transfer described in 
     paragraph (2) shall be deemed to involve the proceeds of 
     specified unlawful activity, if the transaction, 
     transportation, transmission, or transfer is part of a single 
     plan or arrangement whose purpose is described in either of 
     those paragraphs and one part of such plan or arrangement 
     actually involves the proceeds of specified unlawful 
     activity.''.
       (e) Technical Corrections to Financing of Terrorism 
     Statute.--
       (1) Concealment.--Section 2339C(c)(2) of title 18, United 
     States Code, is amended--
       (A) by striking ``resources, or funds'' and inserting 
     ``resources, or any funds or proceeds of such funds'';
       (B) in subparagraph (A), by striking ``were provided'' and 
     inserting ``are to be provided, or knowing that the support 
     or resources were provided,''; and
       (C) in subparagraph (B)--
       (i) by striking ``or any proceeds of such funds''; and
       (ii) by striking ``were provided or collected'' and 
     inserting ``are to be provided or collected, or knowing that 
     the funds were provided or collected,''.
       (2) Definitions.--Section 2339C(e) of title 18, United 
     States Code, is amended--
       (A) by striking ``and'' at the end of paragraph (12);
       (B) redesignating paragraph (13) as paragraph (14); and
       (C) inserting after paragraph (12) the following new 
     paragraph:
       ``(13) the term `material support or resources' has the 
     same meaning as in section 2339A(b) of this title; and''.
       (3) International terrorism.--Section 2332b(g)(5)(B) of 
     title 18, United States Code, is amended by inserting ``)'' 
     after ``2339C (relating to financing of terrorism''.
       (f) miscellaneous and Technical Amendments.--
       (1) Criminal forfeiture.--Section 982(b) of title 18, 
     United States Code, is amended in subsection (b)(2), by 
     striking ``The substitution'' and inserting ``With respect to 
     a forfeiture under subsection (a)(1), the substitution''.
       (2) Technical amendments to sections 1956 and 1957.--
       (A) Unlawful activity.--Section 1956(c)(7)(F) of title 18, 
     United States Code, is amended by inserting ``, as defined in 
     section 24'' before the period.
       (B) Property from unlawful activity.--Section 1957 of title 
     18, United States Code, is amended--
       (i) in subsection (a), by striking ``engages or attempts to 
     engage in'' and inserting ``conducts or attempts to 
     conduct''; and
       (ii) in subsection (f), by inserting the following after 
     paragraph (3):
       ``(4) the term `conducts' has the same meaning as it does 
     for purposes of section 1956 of this title.''.
       (3) Obstruction of justice.--Section 1510(b)(3)(B) of title 
     18, United States Code, is amended by striking ``or'' the 
     first time it appears and inserting ``, a subpoena issued 
     pursuant to section 1782 of title 28, or''.
       (g) Extension of Money Laundering and Financial Crimes 
     Strategy Act of 1998.--
       (1) Transmittal to congress.--Section 5341(a)(2) of title 
     31, United States Code, is amended by striking ``and 2003'' 
     and inserting ``2003, 2005, 2006, and 2007''.
       (2) Authorization of appropriations.--Section 5355 of title 
     31, United States Code, is amended by adding at the end the 
     following:

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

     SEC. __. INCREASED PENALTIES FOR SMUGGLING GOODS.

       (a) Increased Penalty.--The third undesignated paragraph of 
     section 545, United States Code, is amended by striking 
     ``five years'' and inserting ``20 years''.
       (b) Enhanced Penalty for Causing Death.--
       (1) Amendment of federal sentencing guidelines.--Pursuant 
     to its authority under section 994 of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     Federal sentencing guidelines to provide sentencing 
     enhancements for an offense under section 545 of title 18, 
     United States Code, as amended by this Act, that results in 
     the death of a person.
       (2) Consistency with other guidelines.--In carrying out 
     this section, the United States Sentencing Commission shall--
       (A) ensure that there is reasonable consistency with other 
     Federal sentencing guidelines; and
       (B) avoid duplicative punishments for substantially the 
     same offense.
                                 ______
                                 
  SA 3856. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. UNITED STATES INTERDICTION COORDINATOR.

       (a) In General.--Section 704 of the Office of National Drug 
     Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703), 
     as enforced in law notwithstanding repeal, is amended by 
     adding at the end the following:
       ``(i) United States Interdiction Coordinator.--
       ``(1) In general.--There shall be a United States 
     Interdiction Coordinator, who shall be designated by the 
     Director and who shall be responsible for the coordination of 
     interdiction operations among National Drug Control Program 
     Agencies to prevent and reduce the illegal importation of 
     drugs into the United States.
       ``(2) Responsibilities.--The United States Interdiction 
     Coordinator shall be responsible to the Director for--
       ``(A) coordinating the interdiction of the National Drug 
     Control Program Agencies activities to ensure consistency 
     with the National Drug Control Strategy;
       ``(B) developing a National Drug Control Interdiction plan 
     to ensure consistency with the National Drug Control 
     Strategy;
       ``(C) assessing the sufficiency of assets of the National 
     Drug Control Program Agencies committed to illicit drug 
     interdiction; and
       ``(D) advising the Director on the efforts of each National 
     Drug Control Program Agency to implement the National Drug 
     Control Interdiction plan.''.
       (b) Amendment to Homeland Security Act of 2002.--Section 
     878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is 
     amended by striking ``shall--'' through paragraph (2) and 
     inserting ``shall ensure the adequacy of resources within the 
     Department for illicit drug interdiction.''.
                                 ______
                                 
  SA 3857. Mr. SHELBY submitted an amendment intended to be proposed to 
amendment SA 3705 proposed by Ms. Collins (for herself, Mr. Carper, and 
Mr. Lieberman) to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 10, strike lines 9 through 15, and insert the 
     following:

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

       (iii) by adding at the end the following:
       ``(9) managing the Homeland Security Information 
     Clearinghouse established under section 801(d); and
       ``(10) managing the Noble Training Center in Fort 
     McClellan, Alabama, through the Center for Domestic 
     Preparedness.'';
                                 ______
                                 
  SA 3858. Mr. SHELBY submitted an amendment intended to be proposed to 
amendment SA 3705 proposed by Ms. Collins (for herself, Mr. Carper, and 
Mr. Lieberman) to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 10, strike line 20 and all that follows through 
     page 11, line 7, and insert the following:
       ``(d) Designation.--The Center for Domestic Preparedness 
     shall be designated as the National First Responder Training 
     Center within the Office for Domestic Preparedness.''.
                                 ______
                                 
  SA 3859. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 94, between lines 14 and 15, insert the following:
       (3) There may be established under this subsection a 
     separate national intelligence center having an area of 
     intelligence responsibility for each of the following:
       (A) The nuclear terrorism threats confronting the United 
     States.
       (B) The chemical terrorism threats confronting the United 
     States.
       (C) The biological terrorism threats confronting the United 
     States.
       On page 94, line 15, strike ``(3)'' and insert ``(4)''.
                                 ______
                                 
  SA 3860. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INTELLIGENCE COMMUNITY USE OF NISAC CAPABILITIES.

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

[[Page S10113]]

                                 ______
                                 
  SA 3861. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SURVEILLANCE.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the President and the appropriate committees 
     of Congress a comprehensive plan for the systematic 
     surveillance of the Southwest border of the United States by 
     remotely piloted aircraft.
       (b) Contents.--The plan submitted under subsection (a) 
     shall include--
       (1) recommendations for establishing command and control 
     centers, operations sites, infrastructure, maintenance, and 
     procurement;
       (2) cost estimates for the implementation of the plan and 
     ongoing operations;
       (3) recommendations for the appropriate agent within the 
     Department of Homeland Security to be the executive agency 
     for remotely piloted aircraft operations;
       (4) the number of remotely piloted aircraft required for 
     the plan;
       (5) the types of missions the plan would undertake, 
     including--
       (A) protecting the lives of people seeking illegal entry 
     into the United States;
       (B) interdicting illegal movement of people, weapons, and 
     other contraband across the border;
       (C) providing investigative support to assist in the 
     dismantling of smuggling and criminal networks along the 
     border;
       (D) using remotely piloted aircraft to serve as platforms 
     for the collection of intelligence against smugglers and 
     criminal networks along the border; and
       (E) further validating and testing of remotely piloted 
     aircraft for airspace security missions; and
       (6) the equipment necessary to carry out the plan.
       (c) Implementation.--The Secretary of Homeland Security 
     shall implement the plan submitted under subsection (a) as 
     soon as sufficient funds are appropriated and available for 
     this purpose.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this section.
                                 ______
                                 
  SA 3862. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following new title:

                        TITLE IV--OTHER MATTERS.

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

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

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

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

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

       (b) Final Regulations.--The Secretary of Transportation 
     shall issue final regulations under section 30306(a) of title 
     49, United States Code (as added by subsection (a)(2)), not 
     later than 180 days after the date of the enactment of this 
     Act.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to authorize the Secretary of Transportation or the 
     head of any other Federal agency to create a new database for 
     States to use in connection with information-based identity 
     authentication (as that term is defined in section 30301(9) 
     of title 49, United States Code (as added by subsection 
     (a)(2)).
                                 ______
                                 
  SA 3863. Mr. McCAIN (for himself, Mr. Breaux, Mr. Lautenberg, Mr. 
Biden, Mr. Schumer, Ms. Snowe, Mr. Hollings, Mr. Carper, Mrs. Boxer, 
Mrs. Clinton, Mr. Rockefeller, and Mr. Dorgan) submitted an amendment 
intended to be proposed by him to the bill S. 2845, to reform the 
intelligence community and the intelligence and intelligence-related 
activities of the United States Government, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                       TITLE      --RAIL SECURITY

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

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

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

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

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

[[Page S10114]]

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

     SEC. --03. RAIL SECURITY.

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

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

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

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

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

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

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

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

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

[[Page S10115]]

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

     SEC. --08. MEMORANDUM OF AGREEMENT.

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

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

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

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

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

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

     SEC. --10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

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

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

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

[[Page S10116]]

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

     SEC. --12. OVERSIGHT AND GRANT PROCEDURES.

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

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

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

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

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

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

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

[[Page S10117]]

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

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

     SEC. --17. WHISTLEBLOWER PROTECTION PROGRAM.

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

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

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

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

     SEC. --18. EFFECTIVE DATE.

       This title takes effect on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3864. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert the following:
       Section 145(c) of the Aviation and Transportation Security 
     Act (49 U.S.C. 40101 note) is amended by striking ``more 
     than'' and all that follows through ``after'' and inserting 
     ``more than 48 months after''.
                                 ______
                                 
  SA 3865. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 77, insert between lines 18 and 19, the following:
       (j) Sense of Congress Relating to Adoption of Standards of 
     Review.--It is the sense of Congress that the Inspector 
     General of the National Intelligence Authority, in 
     consultation with other inspectors general in the 
     intelligence community and the President's Council on 
     Integrity and Efficiency, should adopt standards for review 
     and related precedent that is generally used by the 
     intelligence community for reviewing whistleblower reprisal 
     complaints made under this section.
                                 ______
                                 
  SA 3866. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                       TITLE__--RACIAL PROFILING

     SEC. __01. DEFINITIONS.

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

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

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

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

       (a) Annual Report.--Not later than 2 years after the date 
     of enactment of this Act, and each year thereafter, the 
     Attorney General, in consultation with the Secretary of 
     Homeland Security, shall submit to Congress a report on 
     efforts to combat racial profiling in the United States.
       (b) Contents.--Each report under subsection (a) shall 
     include, for the 1-year period ending on the date of such 
     report--
       (1) the status of the adoption and implementation of 
     policies and procedures by Federal law enforcement agencies 
     pursuant to section __02; and
       (2) a description of any other policies and procedures that 
     the Attorney General, in consultation with the Secretary of 
     Homeland Security, believes would facilitate the elimination 
     of racial profiling, including best practices utilized by 
     Federal, State, or local law enforcement agencies.
                                 ______
                                 
  SA 3867. Mr. LEVIN (for himself and Mr. Coleman) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S10118]]


       At the appropriate place, insert the following:

     SEC. __. TERRORISM FINANCING.

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

[[Page S10119]]

     determines that a person subject to paragraph (1) has 
     violated paragraph (1) by becoming associated, in the manner 
     described in paragraph (1)(C), with an insured credit union, 
     the Board shall serve written notice, in accordance with and 
     subject to the provisions of subsection (g)(4) for written 
     notices under paragraphs (1) or (2) of subsection (g), upon 
     such person of the intention of the Board--
       ``(i) to remove such person from office or to prohibit such 
     person from further participation in the conduct of the 
     affairs of the insured credit union for a period of up to 5 
     years; and
       ``(ii) to prohibit any further participation by such 
     person, in any manner, in the conduct of the affairs of any 
     insured credit union for a period of up to 5 years.
       ``(B) Scope of prohibition order.--Any person subject to an 
     order issued under this subsection shall be subject to 
     paragraphs (5) and (7) of subsection (g) in the same manner 
     and to the same extent as a person subject to an order issued 
     under subsection (g).
       ``(C) Additional criminal and civil penalties.--In addition 
     to the civil penalties provided for in this paragraph, any 
     person who violates this subsection shall be punished as 
     provided in section 216 of title 18, United States Code.''.
       (d) Effective Date.--Notwithstanding section 341, 
     subsection (a) shall become effective on the date of 
     enactment of this Act, and the amendments made by subsections 
     (b) and (c) shall become effective at the end of the 12-month 
     period beginning on the date of enactment of this Act, 
     whether or not final regulations are issued in accordance 
     with the amendments made by this section as of that date of 
     enactment.
                                 ______
                                 
  SA 3868. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       (a) Policy.--The United States Government has a solemn 
     obligation, and shall continue fully, to protect the legal 
     rights of all Americans, including freedoms, civil liberties, 
     and information privacy guaranteed by Federal law, in the 
     effective performance of national security and homeland 
     security functions.
       (b) Establishment of Board.--To advance the policy set out 
     in subsection (a), there is established the President's Board 
     on Safeguarding Americans' Civil Liberties (hereinafter 
     referred to as the ``Board''). The Board shall be part of the 
     Department of Justice for administrative purposes.
       (c)Functions.--The Board shall--
       (1) advise the President on effective means to implement 
     the policy set out in subsection (a);
       (2) keep the President informed of the implementation of 
     such policy;
       (3) periodically request reports from Federal departments 
     and agencies relating to policies and procedures that ensure 
     implementation of the policy set out in subsection (a);
       (4) recommend to the President policies, guidelines, and 
     other administrative actions, technologies, and legislation, 
     as necessary to implement the such policy;
       (5) at the request of the head of any Federal department or 
     agency, unless the Chair of the Board, after consultation 
     with the Vice Chair, declines the request, promptly review 
     and provide advice on a policy or action of that department 
     or agency that implicates the policy set out in subsection 
     (a);
       (6) obtain information and advice relating to such policy 
     from representatives of entities or individuals outside the 
     executive branch of the Federal Government in a manner that 
     seeks their individual advice and does not involve collective 
     judgment or consensus advice or deliberation;
       (7) refer, consistent with section 535 of title 28, United 
     States Code, credible information pertaining to possible 
     violations of law relating to the Policy by any Federal 
     employee or official to the appropriate office for prompt 
     investigation;
       (8) take steps to enhance cooperation and coordination 
     among Federal departments and agencies in the implementation 
     of the Policy, including but not limited to working with the 
     Director of the Office of Management and Budget and other 
     officers of the United States to review and assist in the 
     coordination of guidelines and policies concerning national 
     security and homeland security efforts, such as information 
     collection and sharing; and
       (9) undertake other efforts to protect the legal rights of 
     all Americans, including freedoms, civil liberties, and 
     information privacy guaranteed by Federal law, as the 
     President may direct;
       (d) Advisory Committees.--Upon the recommendation of the 
     Board, the Attorney General or the Secretary of Homeland 
     Security may establish one or more committees that include 
     individuals from outside the executive branch of the Federal 
     Government, in accordance with applicable law, to advise the 
     Board on specific issues relating to the policy set out in 
     subsection (a). Any such committee shall carry out its 
     functions separately from the Board.
       (e) Membership and Operation.--The Board shall consist 
     exclusively of the following:
       (1) the Deputy Attorney General, who shall serve as Chair;
       (2) the Under Secretary for Border and Transportation 
     Security, Department of Homeland Security, who shall serve as 
     Vice Chair;
       (3) the Assistant Attorney General, Civil Rights Division;
       (4) the Assistant Attorney General, Office of Legal Policy;
       (5) the Counsel for Intelligence Policy, Department of 
     Justice;
       (6) the Chair of the Privacy Council, Federal Bureau of 
     Investigation;
       (7) the Assistant Secretary for Information Analysis, 
     Department of Homeland Security;
       (8) the Assistant Secretary, Policy, Directorate of Border 
     and Transportation Security, Department of Homeland Security;
       (9) the Officer for Civil Rights and Civil Liberties, 
     Department of Homeland Security;
       (10) the Privacy Officer, Department of Homeland Security;
       (11) the Under Secretary for Enforcement, Department of the 
     Treasury;
       (12) the Assistant Secretary (Terrorist Financing), 
     Department of the Treasury;
       (13) the General Counsel, Office of Management and Budget;
       (14) the Deputy Director of Central Intelligence for 
     Community Management;
       (15) the General Counsel, Central Intelligence Agency;
       (16) the General Counsel, National Security Agency;
       (17) the Under Secretary of Defense for Intelligence;
       (18) the General Counsel of the Department of Defense;
       (19) the Legal Adviser, Department of State;
       (20) the Director, Terrorist Threat Integration Center; and
       (21) such other officers of the United States as the Deputy 
     Attorney General may from time to time designate.
       (f) Delegation.--A member of the Board may designate, to 
     perform the Board or Board subgroup functions of the member, 
     any person who is part of such member's department or agency 
     and who is either an officer of the United States appointed 
     by the President, or a member of the Senior Executive Service 
     or the Senior Intelligence Service.
       (g) Administrative Matters.--The Chair, after consultation 
     with the Vice Chair, shall convene and preside at meetings of 
     the Board, determine its agenda, direct its work, and, as 
     appropriate to deal with particular subject matters, 
     establish and direct subgroups of the Board that shall 
     consist exclusively of members of the Board. The Chair may 
     invite, in his discretion, officers or employees of other 
     departments or agencies to participate in the work of the 
     Board. The Chair shall convene the first meeting of the Board 
     within 20 days after the date of the enactment of this Act 
     and shall thereafter convene meetings of the Board at such 
     times as the Chair, after consultation with the Vice Chair, 
     deems appropriate. The Deputy Attorney General shall 
     designate an official of the Department of Justice to serve 
     as the Executive Director of the Board.
       (h) Cooperation.--To the extent permitted by law, all 
     Federal departments and agencies shall cooperate with the 
     Board and provide the Board with such information, support, 
     and assistance as the Board, through the Chair, may request.
       (i) Administration.-- Consistent with applicable law and 
     subject to the availability of appropriations, the Department 
     of Justice shall provide the funding and administrative 
     support for the Board necessary to implement this section.
       (j) General Provisions.--
       (1) Relationship to other authority.--The provisions of 
     this section shall not be construed to impair or otherwise 
     affect the authorities of any department, agency, 
     instrumentality, officer, or employee of the United States 
     under applicable law, including the functions of the Director 
     of the Office of Management and Budget relating to budget, 
     administrative, or legislative proposals.
       (2) Relationship to other laws.--The provisions of this 
     section shall be implemented in a manner consistent with 
     applicable laws and Executive Orders concerning protection of 
     information, including those for the protection of 
     intelligence sources and methods, law enforcement 
     information, and classified national security information, 
     and the Privacy Act of 1974 (5 U.S.C. 552a).
       (3) Internal management.--The provisions of this section 
     are intended only to improve the internal management of the 
     Federal Government and is not intended to, and do not, create 
     any right or benefit, substantive or procedural, enforceable 
     at law or in equity, by a party against the United States, or 
     any of its departments, agencies, instrumentalities, 
     entities, officers, employees, or agents, or any other 
     person.
                                 ______
                                 
  SA 3869. Mr. SESSIONS submitted an amendment intended to be proposed 
by

[[Page S10120]]

him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 52, strike line 21 and all that follows 
     through page 56, line 8.
       Beginning on page 60, strike line 5 and all that follows 
     though page 81, line 14.
       Beginning on page 153, strike line 3 and all that follows 
     through page 170, line 8.
                                 ______
                                 
  SA 3870. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERMANENT INFORMATION SHARING.

       Section 224 of the USA PATRIOT ACT (Public Law 107-56) is 
     amended by--
       (1) striking ``203(a), 203(c)'' and inserting ``203''; and
       (2) inserting ``218,'' after ``216,''.
                                 ______
                                 
  SA 3871. Mr. SESSIONS (for himself, Mr. Cornyn, Mr. Miller, and Mr. 
Ensign) submitted an amendment intended to be proposed by him to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

                   TITLE IV--IMMIGRATION ENFORCEMENT

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

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

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

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

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

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

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

       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out paragraph (2).''.
                                 ______
                                 
  SA 3872. Mr. SESSIONS (for himself and Mr. Ensign) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BIOMETRIC STANDARDS FOR PASSPORTS.

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

[[Page S10121]]

       (B) complies with the additional biometric standard 
     established by the International Civil Aviation Organization.
       (2) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated a 
     total of $1,000,000,000 for fiscal years 2005 and 2006 to 
     carry out the provisions of paragraph (1).
       (B) Availability.--Any amounts appropriated pursuant to 
     subparagraph (A) shall remain available until expended.
       (3) Effective date.--This subsection shall take effect on 
     the date which is 1 year after the date of enactment of this 
     Act.
       (c) Biometric Standard for Passports Issued by Visa Waiver 
     Program Countries.--
       (1) In general.--Section 217 of the Immigration and 
     Nationality Act (8 U.S.C. 1187) is amended--
       (A) in subsection (a)(3)(A), by striking ``satisfies the 
     internationally accepted standard for machine readability.'' 
     and inserting the following:
       ``(i) satisfies the internationally accepted standard for 
     machine readability; and
       ``(ii) contains fingerprint biometric identifiers of the 
     alien.''; and
       (B) in subsection (c)(2)(B)(i), by striking ``satisfy the 
     internationally accepted standard for machine readability.'' 
     and inserting the following:
       ``(i) satisfy the internationally accepted standard for 
     machine readability; and
       ``(ii) contain fingerprint biometric identifiers of such 
     citizens.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date which is 1 year after the date 
     on which the Secretary of State begins to issue passports in 
     accordance with subsection (b)(1).
                                 ______
                                 
  SA 3873. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the bill, insert the following:

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

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

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

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

     shall be fined under this title or imprisoned not more than 
     20 years, or both.
       ``(b) Aggravated Offense.--Whoever commits an offense under 
     subsection (a) in a circumstance in which--
       ``(1) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying a passenger or 
     employee at the time of the offense;
       ``(2) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying high-level 
     radioactive waste or spent nuclear fuel at the time of the 
     offense;
       ``(3) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying a hazardous material 
     at the time of the offense that--
       ``(A) was required to be placarded under subpart F of part 
     172 of title 49, Code of Federal Regulations; and
       ``(B) is identified as class number 3, 4, 5, 6.1, or 8 and 
     packing group I or packing group II, or class number 1, 2, or 
     7 under the hazardous materials table of section 172.101 of 
     title 49, Code of Federal Regulations; or
       ``(4) the offense results in the death of any person;

     shall be fined under this title or imprisoned for any term of 
     years or life, or both. In the case of a violation described 
     in paragraph (2), the term of imprisonment shall be not less 
     than 30 years; and, in the case of a violation described in 
     paragraph (4), the offender shall be fined under this title 
     and imprisoned for life and be subject to the death penalty.
       ``(c) Crimes Against Public Safety Officer.--Whoever 
     commits an offense under subsection (a) that results in death 
     or serious bodily injury to a public safety officer while the 
     public safety officer was engaged in the performance of 
     official duties, or on account of the public safety officer's 
     performance of official duties, shall be imprisoned for a 
     term of not less than 20 years and, if death results, shall 
     be imprisoned for life and be subject to the death penalty.
       ``(d) Circumstances Required for Offense.--A circumstance 
     referred to in subsection (a) is any of the following:
       ``(1) Any of the conduct required for the offense is, or, 
     in the case of an attempt, threat, or conspiracy to engage in 
     conduct, the conduct required for the completed offense would 
     be, engaged in, on, against, or affecting a mass 
     transportation provider, owner of a passenger vessel, or 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce.
       ``(2) Any person travels or communicates across a State 
     line in order to commit the offense, or transports materials 
     across a State line in aid of the commission of the offense.
       ``(e) Nonapplicability.--Subsection (a) does not apply to 
     the conduct with respect to a destructive substance or 
     destructive device that is also classified under chapter 51 
     of title 49 as a hazardous material in commerce if the 
     conduct--
       ``(1) complies with chapter 51 of title 49 and regulations, 
     exemptions, approvals, and orders issued under that chapter, 
     or
       ``(2) constitutes a violation, other than a criminal 
     violation, of chapter 51 of title 49 or a regulation or order 
     issued under that chapter.
       ``(f) Definitions.--In this section--
       ``(1) the term `biological agent' has the meaning given to 
     that term in section 178(1);
       ``(2) the term `dangerous weapon' means a weapon, device, 
     instrument, material, or substance, animate or inanimate, 
     that is used for, or is readily capable of, causing death or 
     serious bodily injury, including a pocket knife with a blade 
     of less than 2\1/2\ inches in length and a box cutter;
       ``(3) the term `destructive device' has the meaning given 
     to that term in section 921(a)(4);
       ``(4) the term `destructive substance' means an explosive 
     substance, flammable material, infernal machine, or other 
     chemical, mechanical, or radioactive device or material, or 
     matter of a combustible, contaminative, corrosive, or 
     explosive nature, except that the term `radioactive device' 
     does not include any radioactive device or material used 
     solely for medical, industrial, research, or other peaceful 
     purposes;
       ``(5) the term `hazardous material' has the meaning given 
     to that term in chapter 51 of title 49;

[[Page S10122]]

       ``(6) the term `high-level radioactive waste' has the 
     meaning given to that term in section 2(12) of the Nuclear 
     Waste Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(7) the term `mass transportation' has the meaning given 
     to that term in section 5302(a)(7) of title 49, except that 
     the term includes school bus, charter, and sightseeing 
     transportation;
       ``(8) the term `on-track equipment' means a carriage or 
     other contrivance that runs on rails or electromagnetic 
     guideways;
       ``(9) the term `public safety officer' has the meaning 
     given such term in section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b);
       ``(10) the term `railroad on-track equipment' means a 
     train, locomotive, tender, motor unit, freight or passenger 
     car, or other on-track equipment used, operated, or employed 
     by a railroad carrier;
       ``(11) the term `railroad' has the meaning given to that 
     term in chapter 201 of title 49;
       ``(12) the term `railroad carrier' has the meaning given to 
     that term in chapter 201 of title 49;
       ``(13) the term `serious bodily injury' has the meaning 
     given to that term in section 1365;
       ``(14) the term `spent nuclear fuel' has the meaning given 
     to that term in section 2(23) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101(23));
       ``(15) the term `State' has the meaning given to that term 
     in section 2266;
       ``(16) the term `toxin' has the meaning given to that term 
     in section 178(2);
       ``(17) the term `vehicle' means any carriage or other 
     contrivance used, or capable of being used, as a means of 
     transportation on land, on water, or through the air; and
       ``(18) the term `passenger vessel' has the meaning given 
     that term in section 2101(22) of title 46, United States 
     Code, and includes a small passenger vessel, as that term is 
     defined under section 2101(35) of that title.''.
       (c) Conforming Amendments.--
       (1) Table of sections.--The table of sections at the 
     beginning of chapter 97 of title 18, United States Code, is 
     amended--
       (A) by striking ``RAILROADS'' in the chapter heading and 
     inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS 
     ON LAND, ON WATER, OR THROUGH THE AIR'';
       (B) by striking the items relating to sections 1992 and 
     1993; and
       (C) by inserting after the item relating to section 1991 
     the following:

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

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

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

       (3) Conforming amendments.--Title 18, United States Code, 
     is amended--
       (A) in section 2332b(g)(5)(B)(i), by striking ``1992 
     (relating to wrecking trains), 1993 (relating to terrorist 
     attacks and other acts of violence against mass 
     transportation systems),'' and inserting ``1992 (relating to 
     terrorist attacks and other acts of violence against railroad 
     carriers and against mass transportation systems on land, on 
     water, or through the air),'';
       (B) in section 2339A, by striking ``1993,''; and
       (C) in section 2516(1)(c) by striking ``1992 (relating to 
     wrecking trains),'' and inserting ``1992 (relating to 
     terrorist attacks and other acts of violence against railroad 
     carriers and against mass transportation systems on land, on 
     water, or through the air),''.
                                 ______
                                 
  SA 3874. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 211, after line 22, add the following:

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

       (a) Retention Within Current Programs.--Notwithstanding any 
     other provision of law, all programs, projects, and 
     activities contained within the Joint Military Intelligence 
     Program and the Tactical Intelligence and Related Activities 
     program as of the date of the enactment of this Act shall 
     remain within such programs until a thorough review of such 
     programs is completed.
       (b) Removal From Current Programs.--A program, project, or 
     activity referred to in subsection (a) may be removed from 
     the Joint Military Intelligence Program or the Tactical 
     Intelligence and Related Activities programs only if agreed 
     to by the National Intelligence Director and the Secretary of 
     Defense.
                                 ______
                                 
  SA 3875. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 6, strike line 24 and all that follows through page 
     7, line 2, and insert the following:
       (ii) includes all programs, projects, and activities of the 
     National Foreign Intelligence Program as of the date of the 
     enactment of this Act, including the Central Intelligence 
     Agency, the
                                 ______
                                 
  SA 3876. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 213, insert after line 8, the following:

     SEC. 352. PRESERVATION OF AUTHORITY AND ACCOUNTABILITY.

       Nothing in this Act, or the amendments made by this Act, 
     shall be construed to impair and otherwise affect the 
     authority of--
       (1) the Director of the Office of Management and Budget; or
       (2) the principal officers of the executive departments as 
     heads of their respective departments, including, but not 
     limited to--
       (A) the authority of the Secretary of State under section 
     199 of the Revised Statutes (22 U.S.C. 2651) and the State 
     Department Basic Authorities Act;
       (B) the authority of the Secretary of Energy under title II 
     of the Department of Energy Organization Act (42 U.S.C. 
     7131);
       (C) the authority of the Secretary of Homeland Security 
     under section 102(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 112(a));
       (D) the authority of the Secretary of Defense under 
     sections 113(b) and 162(b) of title 10, United States Code;
       (E) the authority of the Secretary of the Treasury under 
     section 301(b) of title 31, United States Code;
       (F) the authority of the Attorney General under section 503 
     of title 28, United States Code; and
       (G) the authority of the heads of executive departments 
     under section 301 of title 5, United States Code.
       On page 213, line 9, strike ``352.'' and insert ``353.''.
                                 ______
                                 
  SA 3877. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 40, strike line 18 and all that follows through 
     page 41, line 4, and insert the following:
       (b) Concurrence of NID in Certain Appointments Recommended 
     by Secretary of Defense.--(1) In the event of a vacancy in a 
     position referred to in paragraph (2), the Secretary of 
     Defense shall obtain the concurrence of the National 
     Intelligence Director before recommending to the President an 
     individual for nomination to fill such vacancy. If the 
     Director does not concur in the recommendation, the Secretary 
     may make the recommendation to the President without the 
     concurrence of the Director, but shall include in the 
     recommendation a statement that the Director does not concur 
     in the recommendation.
       On page 41, line 12, strike ``Concurrence of'' and insert 
     ``Consultation With''.
       On page 41, beginning on line 15, strike ``obtain the 
     concurrence of'' and insert ``consult with''.
                                 ______
                                 
  SA 3878. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 21, insert after ``Program'' the following: 
     ``(other than the Directorate for Intelligence (J2) of the 
     Joint Staff)''.
                                 ______
                                 
  SA 3879. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 8, between lines 6 and 7, insert the following:
           (8) The term ``personal'', except as otherwise 
     expressly provided, means civilian personnel of the United 
     States Government.

[[Page S10123]]

                                 ______
                                 
  SA 3880. Mr. WARNER (for himself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 15, line 5, strike ``consultation'' and insert 
     ``coordination''.
                                 ______
                                 
  SA 3881. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, insert the following:

   TITLE __--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOARNA 
            GILLIS, AND NILA LYNNE CRIME VICTIMS' RIGHTS ACT

     SEC. __01. SHORT TITLE.

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

     SEC. __02. CRIME VICTIMS' RIGHTS.

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

                  ``CHAPTER 237--CRIME VICTIMS' RIGHTS

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

     ``Sec. 3771. Crime victims' rights

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

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

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

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

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

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

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

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

[[Page S10124]]

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

     SEC. __04. REPORTS.

       (a) Administrative Office of the United States Courts.--Not 
     later than 1 year after the date of enactment of this Act and 
     annually thereafter, the Administrative Office of the United 
     States Courts, for each Federal court, shall report to 
     Congress the number of times that a right established in 
     chapter 237 of title 18, United States Code, is asserted in a 
     criminal case and the relief requested is denied and, with 
     respect to each such denial, the reason for such denial, as 
     well as the number of times a mandamus action is brought 
     pursuant to chapter 237 of title 18, and the result reached.
       (b) General Accounting Office.--
       (1) Study.--The Comptroller General shall conduct a study 
     that evaluates the effect and efficacy of the implementation 
     of the amendments made by this Act on the treatment of crime 
     victims in the Federal system.
       (2) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to the appropriate committees a report containing 
     the results of the study conducted under paragraph (1).
                                 ______
                                 
  SA 3882. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 60, strike line 5 and all that follows through page 
     77, line 18, and insert the following:

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

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


  ``special provisions concerning the national intelligence authority

       ``Sec. 8J. (a) Notwithstanding the last 2 sentences of 
     section 3(a), the Inspector General of the National 
     Intelligence Authority shall be under the authority, 
     direction, and control of the National Intelligence Director 
     with respect to audits or investigations, or the issuance of 
     subpoenas, which require access to information concerning 
     intelligence or counterintelligence matters the disclosure of 
     which would constitute a serious threat to national security. 
     With respect to such information, the Director may prohibit 
     the Inspector General from initiating, carrying out, or 
     completing any investigation, inspection, or audit if the 
     Director determines that such prohibition is necessary to 
     preserve the vital national security interests of the United 
     States.
       ``(b) If the National Intelligence Director exercises the 
     authority under subsection (a), the Director shall submit to 
     the congressional intelligence committees an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within seven days.
       ``(c) The National Intelligence Director shall advise the 
     Inspector General of the National Intelligence Authority at 
     the time a report under subsection (a) is submitted, and, to 
     the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such report.
       ``(d) The Inspector General of the National Intelligence 
     Authority may submit to the congressional intelligence 
     committees any comments on a report of which the Inspector 
     General has notice under subsection (c) that the Inspector 
     General considers appropriate.
       ``(e) In this section, the term `congressional intelligence 
     committees' means--
       ``(1) the Select Committee on Intelligence of the Senate; 
     and
       ``(2) the Permanent Select Committee on Intelligence of the 
     House of Representatives.''.
       (2) Section 8H(a)(1)(A) of that Act is amended by inserting 
     ``National Intelligence Authority,'' before ``Defense 
     Intelligence Agency''.
       (3) Section 11 of that Act is amended--
       (1) in paragraph (1), by inserting ``the National 
     Intelligence Director;'' after ``the Office of Personnel 
     Management;''; and
       (2) in paragraph (2), by inserting ``the National 
     Intelligence Authority,'' after ``the Office of Personnel 
     Management,''.
                                 ______
                                 
  SA 3883. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3705 by Ms. Collins (for herself, Mr. Carper, and Mr. 
Lieberman) to the bill S. 2845, to reform the intelligence community 
and the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S10125]]

     in first-responder training and exercises to head the office, 
     and such person shall report directly to the Director of the 
     Office for State and Local Government Coordination and 
     Preparedness.''.
                                 ______
                                 
  SA 3884. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 3705 proposed by Ms. Collins (for herself, Mr. Carper, 
and Mr. Lieberman) to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 10, line 17, strike the semicolon and all that 
     follows through page 11, line 7, and insert a period.
                                 ______
                                 
  SA 3885. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, insert the following new title:

            TITLE IV--INTERNATIONAL BROADCASTING ACTIVITIES

     SEC. 401. SHORT TITLE.

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

     SEC. 402. FINDINGS.

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

     SEC. 403. SPECIAL AUTHORITY FOR SURGE CAPACITY.

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

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

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

     SEC. 404. REPORT.

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

     SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 406. EFFECTIVE DATE.

       Notwithstanding section 341 or any other provision of this 
     Act, this title shall become effective on the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3886. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TERRORIST SCREENING CENTER.

       (a) Criteria for Watchlist.--The Secretary of Homeland 
     Security, in consultation with the Director of the Federal 
     Bureau of Investigation, shall define and report to Congress 
     the criteria for placing individuals on the Terrorist 
     Screening Center consolidated screening watch list, including 
     reliability thresholds, minimum standards for identifying 
     information, specific designations of the certainty and level 
     of threat the individual poses, and specific instructions 
     about the consequences that apply to the individual if 
     located. To the greatest extent consistent with the 
     protection of classified information and applicable law, the 
     report shall be in unclassified form and available to the 
     public, with a classified annex where necessary.
       (b) Safeguards Against Erroneous Listings.--The Secretary 
     of Homeland Security, in consultation with the Director of 
     the Federal Bureau of Investigation, shall establish a 
     process for individuals to challenge ``Automatic Selectee'' 
     or ``No Fly'' designations on the consolidated screening 
     watch list and have their names removed from such lists, if 
     erroneously present.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Privacy and Civil Liberties 
     Oversight Board shall submit a report assessing the impact of 
     the ``No Fly'' and ``Automatic Selectee'' lists on privacy 
     and civil liberties to the Committee on the Judiciary, the 
     Committee on Governmental Affairs, and the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on the Judiciary, the Committee on Government 
     Reform, and the Committee on Transportation and 
     Infrastructure of the House of Representatives. The report 
     shall include any recommendations for practices, procedures, 
     regulations, or legislation to eliminate or minimize adverse 
     effects of such lists on privacy, discrimination, due process 
     and other civil liberties, as well as the implications of 
     applying those lists to other modes of transportation. The 
     Comptroller General of the United States shall cooperate with 
     the Privacy and Civil Liberties Board in the preparation of 
     the report. To the greatest extent consistent with the 
     protection of classified information and applicable law, the 
     report shall be in unclassified form and available to the 
     public, with a classified annex where necessary.
       (d) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall become 
     effective on the date of enactment of this Act.
                                 ______
                                 
  SA 3887. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bil1 S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO FISA.

       (a) Treatment of Non-United States Persons who Engage in 
     International Terrorism Without Affiliation With 
     International Terrorist Groups.--
       (1) In general.--Section 101(b)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) engages in international terrorism or activities in 
     preparation therefor; or''.
       (2) Sunset.--The amendment made by paragraph (1) shall 
     expire on the date that is 5 years after the date of 
     enactment of this section.

[[Page S10126]]

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

                   ``TITLE VI--REPORTING REQUIREMENT


                ``annual report of the attorney general

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

                   ``TITLE VI--REPORTING REQUIREMENT

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

                      ``TITLE VII--EFFECTIVE DATE

``Sec. 701. Effective date.''.
                                 ______
                                 
  SA 3888. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

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

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

     ``SEC. 510. HOMELAND SECURITY SIGNAL CORPS.

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

``Sec. 510. Homeland Security Signal Corps.''.
                                 ______
                                 
  SA 3889. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following new section:

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

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

[[Page S10127]]

     United States requests for assistance in the global war on 
     Islamist terrorism. Examples of this lack of cooperation have 
     included an unwillingness to provide the United States 
     Government with access to individuals wanted for questioning 
     in relation to terrorist acts and to assist in investigations 
     of terrorist activities.
       (3) The state religion of Saudi Arabia, a militant and 
     exclusionary form of Islam known as Wahhabism, preaches 
     violence against nonbelievers or infidels and serves as the 
     religious basis for Osama Bin Laden and al Qaeda. Through 
     support for madrassas, mosques, cultural centers, and other 
     entities Saudi Arabia has actively supported the spread of 
     this religious sect.
       (4) The Secretary of State designated Saudi Arabia a 
     country of particular concern under section 402(b)(1)(A) of 
     the International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)(A)) because the Government of Saudi Arabia has 
     engaged in or tolerated systematic, ongoing, and egregious 
     violations of religious freedom.
       (5) The Department of State's International Religious 
     Freedom Report for 2004 concluded that religious freedom does 
     not exist in Saudi Arabia.
       (6) The Ambassador-at-large for International Religious 
     Freedom expressed concern about Saudi Arabia's export of 
     religious extremism and intolerance to other countries where 
     religious freedom for Muslims is respected.
       (7) Historically, the Government of Saudi Arabia has 
     allowed financiers of terrorism to operate within its 
     borders.
       (8) The Government of Saudi Arabia stated in February 2004 
     that it would establish a national commission to combat 
     terrorist financing within Saudi Arabia, however, it has not 
     fulfilled that promise.
       (9) There have been no reports of the Government of Saudi 
     Arabia pursuing the arrest, trial, or punishment of 
     individuals who have provided financial support for terrorist 
     activities. The laws of Saudi Arabia to combat terrorist 
     financing have not been fully implemented.
       (b) Commission on the United States-Saudi Arabia 
     Relationship.--
       (1) Establishment.--There is established, within the 
     legislative branch, the National Commission on the United 
     States-Saudi Arabia Relationship (in this section referred to 
     as the ``Commission'').
       (2) Purposes.--The purposes of the Commission are to 
     investigate, evaluate, and report on--
       (A) the current status and activities of diplomatic 
     relations between the Government of the United States and the 
     Government of Saudi Arabia;
       (B) the degree of cooperation exhibited by the Government 
     of Saudi Arabia toward the Government of the United States in 
     relation to intelligence, security cooperation, and the fight 
     against Islamist terrorism;
       (C) the status of the support provided by the Government of 
     Saudi Arabia to promote the dissemination of Wahabbism; and
       (D) the efforts of the Government of Saudi Arabia to enact 
     domestic measures to curtail terrorist financing.
       (3) Authority.--The Commission is authorized to carry out 
     purposes described in paragraph (2).
       (c) Composition of Commission.--The Commission shall be 
     composed of 10 members, as follows:
       (1) Two members appointed by the President, one of whom the 
     President shall designate as the chairman of the Commission.
       (2) Two members appointed by the Speaker of the House of 
     Representatives.
       (3) Two members appointed by the minority leader of the 
     House of Representatives.
       (4) Two members appointed by the majority leader of the 
     Senate.
       (5) Two members appointed by the minority leader of the 
     Senate.
       (d) Report.--Not later that 270 days after the date of the 
     enactment of this Act, the Commission shall submit to the 
     President and Congress a report on the relationship between 
     the United States and Saudi Arabia. The report shall include 
     the recommendations of the Commission to--
       (1) increase the transparency of diplomatic relations 
     between the Government of the United States and the 
     Government of Saudi Arabia;
       (2) improve cooperation between Government of the United 
     States and the Government of Saudi Arabia in efforts to share 
     intelligence information related to the war on terror;
       (3) curtail the support and dissemination of Wahabbism by 
     the Government of Saudi Arabia;
       (4) enhance the efforts of the Government of Saudi Arabia 
     to combat terrorist financing;
       (5) create a foreign policy strategy for the United States 
     to improve cooperation with the Government of Saudi Arabia in 
     the war on terror, including any recommendations regarding 
     the use of sanctions or other diplomatic measures;
       (6) curtail the support or toleration of violations of 
     religious freedom by the Government of Saudi Arabia; and
       (7) encourage the Government of Saudi Arabia to improve the 
     human rights conditions in Saudi Arabia that have been 
     identified as poor by the Department of State.
       (e) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall take effect 
     on the date of the enactment of this Act.
                                 ______
                                 
  SA 3890. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the end, add the following new title:

     TITLE IV--SECURITY OF TRUCKS TRANSPORTING HAZARDOUS MATERIALS

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

       (a) Plan for Improving Security of Hazardous Materials.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall develop a plan for improving the security of hazardous 
     materials transported by truck.
       (2) Content.--The plan under paragraph (1) shall include--
       (A) a plan for tracking such hazardous materials;
       (B) a strategy for preventing hijackings of trucks carrying 
     such materials; and
       (C) a proposed mechanism for recovering lost or stolen 
     trucks carrying such materials.
       (b) Increased Inspection of Trucks.--
       (1) In general.--The Secretary of Homeland Security shall 
     require that the number of trucks entering the United States 
     that are manually searched and screened in fiscal year 2005 
     is at least twice the number of trucks manually searched and 
     screened in fiscal year 2004.
       (2) Wait times at inspections.--In carrying out this 
     section, the Secretary shall ensure that the average wait 
     time for trucks entering the United States does not increase.
       (c) Background Checks.--Beginning not later than 3 years 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall require background checks of all 
     truck drivers with certifications to transport hazardous 
     materials.
       (d) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall take effect 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 3891. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the end, add the following new title:

                        TITLE IV--RAIL SECURITY

     SEC. 401. IMPROVEMENTS TO RAIL SECURITY.

       (a) Protection of Passenger Areas in Rail Stations.--The 
     Secretary of Homeland Security shall require that, not later 
     than 2 years after the date of the enactment of this Act, 
     each of the 30 rail stations in the United States with the 
     highest daily rate of passenger traffic be equipped with a 
     sufficient number of wall-mounted and ceiling-mounted 
     radiological, biological, chemical, and explosive detectors 
     to provide coverage of the entire passenger area of such 
     station.
       (b) Use of Threat Detectors Required on Certain Trains.--
     The Secretary of Homeland Security shall require that, not 
     later than 3 years after the date of the enactment of this 
     Act, each train traveling through any of the 10 rail stations 
     in the United States with the highest daily rate of passenger 
     traffic be equipped with a radiological, biological, 
     chemical, and explosive detector.
       (c) Report on Safety of Passenger Rail Tunnels.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall--
       (A) review the safety and security of all passenger rail 
     tunnels, including in particular the access and egress points 
     of such tunnels; and
       (B) submit to Congress a report on needs for improving the 
     safety and security of passenger rail tunnels.
       (2) Content.--The report under paragraph (1) shall include 
     recommendations regarding the funding necessary to eliminate 
     security deficiencies at, and upgrade the safety of, 
     passenger rail tunnels.
       (d) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall take effect 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 3892. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the end, add the following new title:

                TITLE IV--STRENGTHENING BORDER SECURITY

     SEC. 401. TECHNOLOGY STANDARDS TO CONFIRM IDENTITY.

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

[[Page S10128]]

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

     SEC. 402. REQUIREMENTS FOR ENTRY AND EXIT DOCUMENTS.

       (a) In General.--Paragraph (1) of section 303(b) of the 
     Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
     U.S.C. 1732(b)) is amended to read as follows:
       ``(1) In general.--Not later than October 25, 2005, the 
     Attorney General, the Secretary of State, and the Secretary 
     of Homeland Security shall issue to aliens only machine-
     readable, tamper-resistant visas and other travel and entry 
     documents that use biometric identifiers for multiple 
     immutable characteristics, such as fingerprints and eye 
     retinas. The Attorney General, the Secretary of State, and 
     the Secretary of Homeland Security shall jointly establish 
     biometric and document identification standards for multiple 
     immutable physical characteristics, such as fingerprints and 
     eye retinas, to be employed on such visas and other travel 
     and entry documents.''.
       (b) Consultation Requirements.--Such section is further 
     amended--
       (1) in paragraph (2)(A), by striking ``in consultation with 
     the Secretary of State'' and inserting ``in consultation with 
     the Secretary of State and the Secretary of Homeland 
     Security''; and
       (2) in paragraph (2)(B) in the matter preceding clause (i), 
     by striking ``in consultation with the Secretary of State'' 
     and inserting ``in consultation with the Secretary of State 
     and the Secretary of Homeland Security''.
       (c) Use of Readers and Scanners.--Paragraph (2)(B) of such 
     section, as amended by subsection (b), is further amended--
       (1) by redesignating clauses (i), (ii), and (iii) as (ii), 
     (iii), and (iv), respectively; and
       (2) by inserting before clause (ii), as redesignated by 
     paragraph (1), the following:
       ``(i) can authenticate biometric identifiers of multiple 
     immutable physical characteristics, as such fingerprints and 
     eye retinas;''.
       (d) Certification Requirements.--Subsection (c) of such 
     section is amended to read as follows:
       ``(1) In general.--Not later than October 26, 2005, the 
     government of each country that is designated to participate 
     in the visa waiver program established under section 217 of 
     the Immigration and Nationality Act (8 U.S.C. 1187) shall 
     certify, as a condition of designation or a continuation of 
     that designation, that it has a program to issue to its 
     nationals machine-readable passports that are tamper-
     resistant and incorporate biometric and authentication 
     identifiers of multiple immutable physical characteristics, 
     such as fingerprints and eye retina scans. This paragraph 
     shall not be construed to rescind the requirement of 
     subsections (a)(3) and (c)(2)(B)(i) of section 217 of the 
     Immigration and Nationality Act.''.
                                 ______
                                 
  SA 3893. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the end, add the following new title:

                        TITLE IV--OTHER MATTERS

     SEC. 401. CARGO INSPECTION.

       (a) Manual Inspection.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall require that the number of containers manually 
     inspected at ports in the United States is not less than 10 
     percent of the total number of containers off-loaded at such 
     ports.
       (b) Inspection for Nuclear Materials.--Not later than 2 
     years after the date of enactment of this Act, the Secretary 
     of Homeland Security shall require that the number of 
     containers screened for nuclear or radiological materials is 
     not less than 100 percent of the total number of containers 
     off-loaded at ports in the United States.
       (c) Inspection for Chemical, Biological, and Explosive 
     Materials.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall require that the 10 ports in the United States that 
     off-load the highest number of containers have the capability 
     to screen not less than 10 percent of the total number of 
     containers off-loaded at each such port for chemical, 
     biological, and explosive materials.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report on port security 
     technology. Such report shall include--
       (1) a description of the progress made in the research and 
     development of port security technologies;
       (2) a comprehensive schedule detailing the amount of time 
     necessary to test and install appropriate port security 
     technologies; and
       (3) the total amount of funds necessary to develop, 
     produce, and install appropriate port security technologies.
       (e) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall take effect 
     on the date of enactment of this Act.
                                 ______
                                 
  SA 3894. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENHANCING CYBERSECURITY.

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

     ``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.

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

[[Page S10129]]

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

``203. Assistant Secretary for Cybersecurity.''.
       (c) Cybersecurity Defined.--Section 2 of the Homeland 
     Security Act of 2002 (6 U.S.C. 101) is amended by adding at 
     the end the following:
       ``(17)(A) The term `cybersecurity' means the prevention of 
     damage to, the protection of, and the restoration of 
     computers, electronic communications systems, electronic 
     communication services, wire communication, and electronic 
     communication, including information contained therein, to 
     ensure its availability, integrity, authentication, 
     confidentiality, and nonrepudiation.
       ``(B) In this paragraph--
       ``(i) each of the terms `damage' and `computer' has the 
     meaning that term has in section 1030 of title 18, United 
     States Code; and
       ``(ii) each of the terms `electronic communications 
     system', `electronic communication service', `wire 
     communication', and `electronic communication' has the 
     meaning that term has in section 2510 of title 18, United 
     States Code.''.
                                 ______
                                 
  SA 3895. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 9, line 10, insert ``, the National 
     Counterproliferation Center,'' after ``Center''.
       On page 14, beginning on line 14, strike ``and establish'' 
     and all that follows through line 16 and insert ``manage and 
     oversee the National Counterproliferation Center under 
     section 144, and establish, manage, and oversee national 
     intelligence centers under section 145;''.
       On page 15, beginning on line 12, strike ``to national 
     intelligence centers under section 144,'' and insert ``to the 
     National Counterproliferation Center under section 144, to 
     national intelligence centers under section 145,''.
       On page 94, strike line 5 and insert the following:

     SEC. 144. NATIONAL COUNTERPROLIFERATION CENTER.

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

[[Page S10130]]

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

     SEC. 145. NATIONAL INTELLIGENCE CENTERS.

       On page 207, strike line 16 and insert the following:
     Center.
       ``Director of the National Counterproliferation Center.''.
                                 ______
                                 
  SA 3896. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

[[Page S10131]]

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

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

       (a) In General.--Paragraph (7) of section 3 of the National 
     Security Act of 1947 (50 U.S.C. 401a) is amended to read as 
     follows:
       ``(7) The term `congressional intelligence committees' 
     means--
       ``(A) the Select Committee on Intelligence of the Senate;
       ``(B) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       ``(C) the Speaker of the House of Representatives and the 
     Majority Leader and the Minority Leader of the House of 
     Representatives; and
       ``(D) the Majority Leader and the Minority Leader of the 
     Senate.''.
       (b) Funding of Intelligence Activities.--Paragraph (2) of 
     section 504(e) of that Act (50 U.S.C. 414(e)) is amended to 
     read as follows:
       ``(2) the term `appropriate congressional committees' 
     means--
       ``(A) the Select Committee on Intelligence and the 
     Committee on Appropriations of the Senate;
       ``(B) the Permanent Select Committee on Intelligence and 
     the Committee on Appropriations of the House of 
     Representatives;
       ``(C) the Speaker of the House of Representatives and the 
     Majority Leader and the Minority Leader of the House of 
     Representatives; and
       ``(D) the Majority Leader and the Minority Leader of the 
     Senate;''.
       On page 200, line 5, strike ``307.'' and insert ``308.''.
       On page 200, line 12, strike ``308.'' and insert ``309.''.
       On page 200, line 19, strike ``309.'' and insert ``310.''.
       On page 201, line 11, strike ``310.'' and insert ``311.''.
       On page 203, line 9, strike ``311.'' and insert ``312.''.
       On page 204, line 1, strike ``312.'' and insert ``313.''.
                                 ______
                                 
  SA 3897. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 78, line 18, strike ``and'' at the end.
       On page 79, line 2, strike the period and insert ``; and''.
       On page 79, between lines 2 and 3, insert the following:
       (4) monitor the effectiveness of measures taken to prevent 
     and prohibit the involvement by intelligence community 
     personnel in policy matters, including the development or 
     advancement of policy proposals, options, initiatives, or 
     recommendations, or the offering of views or commentary 
     thereon.
                                 ______
                                 
  SA 3898. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 171, after line 21, add the following:

     SEC. 223. INDEPENDENCE OF POLICY FROM INTELLIGENCE.

       (a) Prohibitions on Participation of Intelligence Community 
     Personnel in Policy Matters.--To further prevent the 
     politicization of intelligence, covered officers and 
     employees of the intelligence community shall not--
       (1) participate in policy matters, including the 
     development of policy, debating of policy issues, offering 
     and advancement of policy views and proposals, and voting in 
     interagency forums on policy issues; or
       (2) serve in a policy position in any branch of the United 
     States Government, or in any position in which the person 
     assigned to such position may be asked or required to 
     participate in activities prohibited under paragraph (1).
       (b) Implementation of Prohibitions.--The National 
     Intelligence Director, the National Intelligence Council, the 
     Inspector General of the National Intelligence Authority, the 
     Director of the National Counterterrorism Center, and the 
     Directors of the national intelligence centers shall each 
     take appropriate actions to ensure the strict adherence of 
     covered officers and employees of the intelligence community 
     to the prohibitions set forth in subsection (a).
       (c) Annual Reports.--The National Intelligence Director 
     shall submit to the congressional intelligence committees 
     each year a report that sets forth--
       (1) a description of the actions taken during the preceding 
     year to ensure the strict adherence of covered officers and 
     employees of the intelligence community to the prohibitions 
     set forth in subsection (a); and
       (2) an assessment of the effectiveness of such actions in 
     ensuring the strict adherence of covered officers and 
     employees of the intelligence community to such prohibitions.
       (d) Covered Officers and Employees of the Intelligence 
     Community Defined.--In this section, the term ``covered 
     officers and employees of the intelligence community'' means 
     any officer or employee of an element of the intelligence 
     community, other than an officer serving in a position to 
     which appointed by the President, by and with the advice and 
     consent of the Senate.
       On page 172, line 1, strike ``223.'' and insert ``224.''.
       On page 172, line 18, strike ``224.'' and insert ``225.''.
       On page 174, line 23, strike ``225.'' and insert ``226.''.
                                 ______
                                 
  SA 3899. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 207. JOINT PROCEDURES FOR OPERATIONAL COORDINATION 
                   BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL 
                   INTELLIGENCE AGENCY.

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

[[Page S10132]]

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

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

       (a) Authority.--The Secretary of Defense may expend up to 
     $25,000,000 during any fiscal year to provide support to 
     foreign forces, irregular forces, groups, or individuals 
     engaged in supporting or facilitating ongoing military 
     operations by United States special operations forces to 
     combat terrorism.
       (b) Intelligence Activities.--This section does not 
     constitute authority to conduct a covert action, as such term 
     is defined in section 503(e) of the National Security Act of 
     1947 (50 U.S.C. 413b(e)).
       (c) Annual Report.--Not later than 30 days after the end of 
     each fiscal year, the Secretary shall submit to the 
     congressional defense committees a report on support provided 
     under this section during such fiscal year. Each such report 
     shall describe the support provided, including a statement of 
     the recipient of the support and the amount obligated to 
     provide the support.
       (d) Fiscal Year 2005 Limitation.--Support may be provided 
     under subsection (a) during fiscal year 2005 only from funds 
     made available for the Department of Defense for operations 
     and maintenance for that fiscal year.
       (e) Notice to Congress.--The Secretary shall notify the 
     congressional defense committees of each exercise of the 
     authority in subsection (a) not later than 30 days after the 
     exercise of such authority.
       (f) Notice to Central Intelligence Agency.--Before each 
     exercise of the authority in subsection, or as soon 
     thereafter as is practicable, the Secretary shall notify the 
     Director of the Central Intelligence Agency of such exercise 
     of such authority.
                                 ______
                                 
  SA 3900. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:
       On page 213, after line 12, add the following:

      TITLE IV--COUNTERTERRORISM CAPABILITIES OF THE UNITED STATES

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

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

     SEC. 402. DUTIES.

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

     SEC. 403. POWERS.

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

     SEC. 404. PROCEDURES.

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

     SEC. 405. PERSONNEL MATTERS.

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

[[Page S10133]]

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

     SEC. 406. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

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

     SEC. 407. FUNDING.

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

     SEC. 408. TERMINATION.

       The Commission shall terminate 60 days after the date of 
     the submittal to Congress of its final report under section 
     402(c).
                                 ______
                                 
  SA 3901. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. DEADLINE FOR COMPLETION OF CERTAIN PLANS, 
                   REPORTS, AND ASSESSMENTS.

       (a) Strategic Plan Reports.--Within 90 days after the date 
     of enactment of this Act, the Secretary of Homeland Security 
     shall transmit to the Congress--
       (1) a report on the status of the National Maritime 
     Transportation Security Plan required by section 70103(a) of 
     title 46, United States Code, which may be submitted in 
     classified and redacted format;
       (2) a comprehensive program management plan that identifies 
     specific tasks to be completed and deadlines for completion 
     for the transportation security card program under section 
     70105 of title 46, United States Code that incorporates best 
     practices for communicating, coordinating, and collaborating 
     with the relevant stakeholders to resolve relevant issues, 
     such as background checks;
       (3) a report on the status of negotiations under section 
     103 of the Maritime Transportation Security Act of 2002 (46 
     U.S.C. 70111 note);
       (4) the report required by section 107(b) of the Maritime 
     Transportation Security Act of 2002 (33 U.S.C. 1226 note); 
     and
       (5) a report on the status of the development of the system 
     and program mandated by section 111 of the Maritime 
     Transportation Security Act of 2002 (46 U.S.C. 70116 note).
       (b) Other Reports.--Within 90 days after the date of 
     enactment of this Act--
       (1) the Secretary of Homeland Security shall transmit to 
     the Congress--
       (A) a report on the establishment of the National Maritime 
     Security Advisory Committee appointed under section 70112 of 
     title 46, United States Code; and
       (B) a report on the status of the program established under 
     section 70116 of title 46, United States Code, to evaluate 
     and certify secure systems of international intermodal 
     transportation;
       (2) the Secretary of Transportation shall transmit to the 
     Congress the annual report required by section 905 of the 
     International Maritime and Port Security Act (46 U.S.C. App. 
     1802) that includes information that should have been 
     included in the last preceding annual report that was due 
     under that section; and
       (3) the Commandant of the United States Coast Guard shall 
     transmit to Congress the report required by section 110(b) of 
     the Maritime Transportation Security Act of 2002 (46 U.S.C. 
     70101 note).
       (d) Effective Date.--Notwithstanding any other provision of 
     this Act, this section takes effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 3902. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, insert the following new title:

                        TITLE IV--RAIL SECURITY

     SECTION 401. SHORT TITLE; TABLE OF CONTENTS.

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

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

     SEC. 402. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

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

[[Page S10134]]

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

     SEC. 403. RAIL SECURITY.

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

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

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

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

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

     SEC. 406. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

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

     SEC. 407. FIRE AND LIFE-SAFETY IMPROVEMENTS.

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

     SEC. 408. MEMORANDUM OF AGREEMENT.

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

[[Page S10135]]

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

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

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

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

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

     SEC. 410. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

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

     SEC. 411. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

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

     SEC. 412. OVERSIGHT AND GRANT PROCEDURES.

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

[[Page S10136]]

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

     SEC. 413. RAIL SECURITY RESEARCH AND DEVELOPMENT.

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

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

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

     SEC. 415. NORTHERN BORDER RAIL PASSENGER REPORT.

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

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

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

     SEC. 417. WHISTLEBLOWER PROTECTION PROGRAM.

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

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

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

[[Page S10137]]

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

``20116. Whistleblower protection for rail security matters.''.
                                 ______
                                 
  SA 3903. Mr. STEVENS (for himself, Mr. Inouye, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 115, strike line 15 and all that follows through 
     page 115, line 25.
                                 ______
                                 
  SA 3904. Mr. STEVENS (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1. NATIONAL INTELLIGENCE DIRECTOR.

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

[[Page S10138]]

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

     SEC. 2. NATIONAL INTELLIGENCE CENTERS.

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

[[Page S10139]]

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

     SEC. 3. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

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

     SEC. 4. FUTURE ACTIVITIES.

       The President shall submit to the Congress, not later than 
     180 days after the date of the enactment of this Act, 
     recommended legislation for further reforming the 
     intelligence community. The recommended legislation may 
     provide additional responsibilities for the National 
     Intelligence Director.
                                 ______
                                 
  SA 3905. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

             TITLE      --MARITIME TRANSPORTATION SECURITY

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

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

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

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

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

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

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

     ``Sec. 70122. Security of piers and wharfs

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

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

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

     SEC. --03. SECURITY AT FOREIGN PORTS.

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

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

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

[[Page S10140]]

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

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

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

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

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

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

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

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

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

     SEC. --09. EFFECTIVE DATE.

       Notwithstanding any other provision of this Act, this title 
     takes effect on the date of enactment of this Act.
                                 ______
                                 
  SA 3906. Mr. McCAIN (for himself, Mr. Lieberman, and Mr. Bayh) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
 TITLE __--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE 
                            WAR ON TERRORISM

     SEC. __01. FINDINGS.

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

     SEC. __02. TERRORIST SANCTUARIES.

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

     SEC. __03. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

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

[[Page S10141]]

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

     SEC. __04. AID TO AFGHANISTAN.

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

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

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

     SEC. __06. EFFORTS TO COMBAT ISLAMIST TERRORISM.

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

[[Page S10142]]

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

     SEC. __07. UNITED STATES POLICY TOWARD DICTATORSHIPS.

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

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

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

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

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

     SEC. __10. INTERNATIONAL YOUTH OPPORTUNITY FUND.

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

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

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

[[Page S10143]]

     SEC. __12. MIDDLE EAST PARTNERSHIP INITIATIVE.

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

     SEC. __13. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING 
                   TERRORISM.

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

     SEC. __14. TREATMENT OF FOREIGN PRISONERS.

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

[[Page S10144]]

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

     SEC. __15. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

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

     SEC. __16. FINANCING OF TERRORISM.

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

     SEC. __17. REPORT TO CONGRESS.

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

[[Page S10145]]

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

     SEC. __18. EFFECTIVE DATE.

       Notwithstanding section 341 or any other provision of this 
     Act, this title shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3907. Mr. REID (for Mr. Lautenberg) submitted an amendment 
intended to be proposed by Mr. Reid to the bill S. 2845, to reform the 
intelligence community and the intelligence and intelligence-related 
activities of the United States Government, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TERRORIST FINANCING.

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

[[Page S10146]]

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

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

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

``Sec. 42. Notification of Congress of termination of investigation by 
              Office of Foreign Assets Control.''.
       ``The Director of the Office of Foreign Assets Control 
     shall notify Congress upon the termination of any 
     investigation by the Office of Foreign Assets Control of the 
     Department of the Treasury if any sanction is imposed by the 
     Director of such office as a result of the investigation.''.
                                 ______
                                 
  SA 3908. Mr. REED (for himself, Mr. Sarbanes, Mr. Schumer, Mrs. 
Boxer, and Mr. Corzine) submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

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

          TITLE IV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

     SEC. 401. SHORT TITLE.

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

     SEC. 402. FINDINGS AND PURPOSE.

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

     SEC. 403. MEMORANDUM OF UNDERSTANDING.

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

     SEC. 404. SECURITY ASSESSMENTS.

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

     SEC. 405. SECURITY ASSISTANCE GRANTS.

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

[[Page S10147]]

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

     SEC. 406. INTELLIGENCE SHARING.

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

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

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

     SEC. 408. REPORTING REQUIREMENTS.

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

     SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 410. EFFECTIVE DATE; SUNSET PROVISION.

       (a) Effective Date.--Notwithstanding section 341, this 
     title, and the amendments made by this title, shall take 
     effect on the date of enactment of this Act.
       (b) Sunset Provision.--This title is repealed on October 1, 
     2007.
                                 ______
                                 
  SA 3909. Ms. SNOWE (for herself, Mr. Roberts, Ms. Mikulski, and Mrs. 
Feinstein) submitted an amendment intended to be proposed by her to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S10148]]

     focuses on any current or former official of the intelligence 
     community who--
       (i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, by and with the advice and consent of the Senate, 
     including an appointment held on an acting basis; or
       (ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the National Intelligence 
     Director;
       On page 73, strike line 24 and all that follows through 
     page 74, line 5, and insert the following:
       (5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor of 
     an element of the intelligence community who intends to 
     report to Congress a complaint or information with respect to 
     an urgent concern may report such a complaint or information 
     to the Inspector General.
       On page 77, line 8, strike ``the Authority'' and insert 
     ``an element of the intelligence community''.
       On page 77, between lines 11 and 12, insert the following:
       (j) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the National Intelligence Authority of any duty, 
     responsibility, or function regarding an element of the 
     intelligence community shall not be construed to modify or 
     effect the duties and responsibilities of any other Inspector 
     General having duties or responsibilities relating to such 
     element.
       On page 77, line 12, strike ``(i)'' and insert ``(k)''.
                                 ______
                                 
  SA 3910. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON INTERNATIONAL AIR CARGO THREATS.

       (a) Report.--Within 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security, in coordination 
     with the Secretary of Defense and the Administrator of the 
     Federal Aviation Administration, shall submit a report to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives that contains the following:
       (1) A description of the current procedures in place to 
     address the threat of an inbound all-cargo aircraft from 
     outside the United States that intelligence sources indicate 
     could carry explosive, incendiary, chemical, biological or 
     nuclear devices.
       (2) An analysis of the potential for establishing secure 
     facilities along established international aviation routes 
     for the purposes of diverting and securing aircraft described 
     in paragraph (1).
       (b) Report Format.--The Secretary may submit all, or part, 
     of the report required by this section in classified and 
     redacted form if the Secretary determines that it is 
     appropriate or necessary.
                                 ______
                                 
  SA 3911. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the National Intelligence Council 
     shall submit to Congress a report that includes the 
     following:
       (1) The methodologies utilized for the initiation, 
     drafting, publication, coordination, and dissemination of the 
     results of National Intelligence Estimates (NIEs).
       (2) Such recommendations as the Council considers 
     appropriate regarding improvements of the methodologies 
     utilized for National Intelligence Estimates in order to 
     ensure the timeliness of such Estimates and ensure that such 
     Estimates address the national security and intelligence 
     priorities and objectives of the President and the National 
     Intelligence Director.
       (b) Form.--The report under subsection (a) shall be 
     submitted in an unclassified form, but may include a 
     classified annex.
       On page 210, line 23, strike ``336.'' and insert ``337.''.
                                 ______
                                 
  SA 3912. Mr. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Report.--Not later than one year after the date of the 
     establishment of the National Counterterrorism Center under 
     section 143, the National Intelligence Director shall submit 
     to Congress a report evaluating the effectiveness of the 
     Center in achieving its primary missions under subsection (d) 
     of that section.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) An assessment of the effectiveness of the National 
     Counterterrorism Center in achieving its primary missions.
       (2) An assessment of the effectiveness of the authorities 
     of the Center in contributing to the achievement of its 
     primary missions, including authorities relating to personnel 
     and staffing, funding, information sharing, and technology.
       (3) An assessment of the relationships between the Center 
     and the other elements and components of the intelligence 
     community.
       (4) An assessment of the extent to which the Center 
     provides an appropriate model for the establishment of 
     national intelligence centers under section 144.
       (c) Form.--The report under subsection (a) shall be 
     submitted in an unclassified form, but may include a 
     classified annex.
                                 ______
                                 
  SA 3913. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 159, strike lines 19 through 25 and insert the 
     following:
       ``(2) Enforcement of subpoena.--In the case of contumacy or 
     failure to obey a subpoena issued under paragraph (1)(D), 
     either the Board or the Attorney General of the United States 
     may seek an order to require such person to produce the 
     evidence required by such subpoena from the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found.''.
                                 ______
                                 
  SA 3914. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRIVACY AND PASSENGER IDENTIFICATION VERIFICATION 
                   TECHNOLOGIES.

       (a) In General.--The Secretary of Homeland Security shall 
     consult with the Privacy and Civil Liberties Oversight Board 
     in the development of any program to use passenger 
     identification verification technologies.
       (b) Report Requirement.--
       (1) In general.--Notwithstanding any other provision of 
     law, no Federal program for passenger verification 
     identification technologies shall begin until after the 
     Secretary of Homeland Security has submitted a report to 
     Congress and to the Privacy and Civil Liberties Oversight 
     Board about the program.
       (2) Report contents.--The report shall address the privacy 
     and civil liberty implications of the program, including the 
     accuracy and reliability of the technologies used, and 
     whether the program incorporates the necessary architectural, 
     operational, technological, and procedural safeguards to 
     protect privacy and civil liberties.
                                 ______
                                 
  SA 3915. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TERRORIST SCREENING CENTER.

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

[[Page S10149]]

     shall submit a report assessing the impact of the ``No Fly'' 
     and ``Automatic Selectee'' lists on privacy and civil 
     liberties to the Committee on the Judiciary, the Committee on 
     Governmental Affairs, and the Committee on Commerce, Science 
     and Transportation of the Senate, and the Committee on the 
     Judiciary, the Committee on Government Reform, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives. The report shall include any 
     recommendations for practices, procedures, regulations, or 
     legislation to eliminate or minimize adverse effects of such 
     lists on privacy, discrimination, due process and other civil 
     liberties, as well as the implications of applying those 
     lists to other modes of transportation. The Comptroller 
     General of the United States shall cooperate with the Privacy 
     and Civil Liberties Board in the preparation of the report. 
     To the greatest extent consistent with the protection of 
     classified information and applicable law, the report shall 
     be in unclassified form and available to the public, with a 
     classified annex where necessary.
       (d) Effective Date.--Notwithstanding section 341 or any 
     other provision of this Act, this section shall become 
     effective on the date of enactment of this Act.
                                 ______
                                 
  SA 3916. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 132, line 23, strike ``and''.
       On page 133, line 3, strike the period and insert ``; 
     and''.
       On page 133, between lines 3 and 4, insert the following:
       (L) utilizing privacy-enhancing technologies that minimize 
     the dissemination and disclosure of personally identifiable 
     information.
       On page 153, between lines 2 and 3, insert the following:
       (o) Limitation on Funds.--Notwithstanding any other 
     provision of this section, none of the funds provided 
     pursuant to subsection (n) may be obligated for deployment or 
     implementation of the Network under subsection (f) unless--
       (1) the guidelines and requirements under subsection (e) 
     are submitted to Congress; and
       (2) the Privacy and Civil Liberties Oversight Board submits 
     to Congress an assessment of whether those guidelines and 
     requirements incorporate the necessary architectural, 
     operational, technological, and procedural safeguards to 
     protect privacy and civil liberties.
                                 ______
                                 
  SA 3917. Mr. LEAHY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FBI TRANSLATOR REPORTING REQUIREMENT.

       Section 205(c) of Public Law 107-56 (28 U.S.C. 532 note, 
     115 Stat. 282) is amended to read as follows:
       ``(c) Report.--Not later than 30 days after the date of 
     enactment of the National Intelligence Reform Act of 2004, 
     and annually thereafter, the Attorney General of the United 
     States shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives, that contains, with respect to 
     each preceding 12-month period--
       ``(1) the number of translators employed, or contracted 
     for, by the Federal Bureau of Investigation or other 
     components of the Department of Justice;
       ``(2) any legal or practical impediments to using 
     translators employed by other Federal, State, or local 
     agencies on a full, part-time, or shared basis;
       ``(3) the needs of the Federal Bureau of Investigation for 
     the specific translation services in certain languages, and 
     recommendations for meeting those needs;
       ``(4) the status of any automated statistical reporting 
     system, including implementation and future viability;
       ``(5) the storage capabilities of the digital collection 
     system or systems utilized;
       ``(6) a description of the establishment and compliance 
     with audio retention policies that satisfy the investigative 
     and intelligence goals of the Federal Bureau of 
     Investigation;
       ``(7) a description of the implementation of quality 
     control procedures and mechanisms for monitoring compliance 
     with quality control procedures; and
       ``(8) the current counterterrorism and counterintelligence 
     audio backlog and recommendations for alleviating any 
     backlog.''.
                                 ______
                                 
  SA 3918. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. WHISTLEBLOWER PROTECTION.

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

[[Page S10150]]

       (ii) a Federal regulatory or law enforcement agency;
       (iii) any Member of Congress or any committee of Congress; 
     or
       (iv) a witness, coworker, or person with supervisory 
     authority over the person (or such other person who has the 
     authority to investigate, discover, or terminate misconduct); 
     or
       (B) if communication of otherwise-covered information is 
     specifically prohibited by law and if such information is 
     required by Executive Order to be kept secret in the interest 
     of national defense or the conduct of foreign affairs, it may 
     be communicated to Congress pursuant to paragraph (1), the 
     Special Counsel, the Inspector General of an agency, or 
     another employee designated by the head of the agency to 
     receive such disclosures;
       (3) is about to or files, causes to be filed, testify, 
     participate in, or otherwise assist in a proceeding or action 
     filed or about to be filed relating to a violation of any 
     law, rule, or regulation, or take any other lawful action to 
     assist in carrying out the purposes of the law, rule, or 
     regulation;
       (4) is about to or refuses to violate or assist in the 
     violation of any law, rule, or regulation;
       (5) is about to or communicates or provides information 
     protected by this subsection or cause such information to be 
     provided or otherwise communicated, notwithstanding any 
     nondisclosure policy, form, or agreement, if such policy, 
     form, or agreement does not contain the following statement, 
     with an additional reference to this Act: ``These provisions 
     are consistent with and do not supersede, conflict with, or 
     otherwise alter the employee obligations, rights, or 
     liabilities created by Executive order No. 12958, section 
     7211 of title 5, United States Code, United States Code 
     (governing disclosures to Congress), section 1034 of title 
     10, United States Code (governing disclosure to Congress by 
     members of the military), section 2302(b)(8) of title 5, 
     United States Code (governing disclosures of illegality, 
     waste, fraud, abuse, or public health or safety threats), the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents), and the statutes which 
     protect against disclosures that could compromise national 
     security, including sections 641, 793, 794, 798, and 952 of 
     title 18, United States Code, and section 4(b) of the 
     Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). 
     The definitions, requirements, obligations, rights, 
     sanctions, and liabilities created by such Executive order 
     and such statutory provisions are incorporated into this 
     agreement and are controlling.'';
       (e) Clarification of Whistleblower Rights for Critical 
     Infrastructure Information.--Section 214(c) of the Homeland 
     Security Act of 2002 (Public Law 107-296) is amended by 
     adding at the end the following: ``For purposes of this 
     section a permissible use of independently obtained 
     information includes the disclosure of such information under 
     section 7211 of title 5, United States Code, and section 
     2302(b)(8) of title 5, United States Code and the provisions 
     of this Act.''.
       (f) Protected Activities.--Activities protected by this 
     section is covered without restriction to time, place, form, 
     motive, context, policy or prior disclosure made to any 
     person by an employee or applicant, including a disclosure 
     made in the ordinary course of an employee's duties;
       (g) Presumptions.--For purposes of this section, any 
     presumption relating to the performance of a duty by an 
     employee who has authority to take, direct others to take, 
     recommend, or approve any personnel action may be rebutted by 
     substantial evidence.
       (h) Determinations.--For purposes of subsection (d)(2), a 
     determination as to whether an employee or applicant 
     reasonably believes that they have provided or otherwise 
     communicated information that evidences any violation of law, 
     rule, regulation, gross mismanagement, a gross waste of 
     funds, an abuse of authority, or a substantial and specific 
     danger to public health or safety shall be made by 
     determining whether a disinterested observer with knowledge 
     of the essential facts known to and readily ascertainable by 
     the employee would reasonably conclude that the actions 
     evidence such violations, mismanagement, waste, abuse, or 
     danger.
       (i) Enforcement Action.--
       (1) In general.--A person who alleges discharge or other 
     discrimination by any person in violation of this section may 
     seek relief under this subsection, by--
       (A) filing a complaint with the Merit Systems Protection 
     Board for a violation of sections 2302(b)(8), 2302(b)(9), or 
     2302(b)(11) of title 5, United States Code; or
       (B) if the Board has not issued a final decision within 180 
     days of the filing of the complaint and there is no showing 
     that such delay is due to the bad faith of the claimant, 
     bringing an action at law or equity for de novo review in the 
     appropriate district court of the United States, which shall 
     have jurisdiction over such an action without regard to the 
     amount in controversy.
       (2) Procedure.--
       (A) Burdens of proof.--An action brought under this section 
     shall be governed by the legal burdens of proof set forth in 
     sections 1214 and 1221 of title 5, United States Code.
       (B) Statute of limitations.--An action under paragraph (1) 
     shall be commenced not later than 1 year after the date on 
     which the violation occurs.
       (j) Rights Retained by Person.--Nothing in this section 
     shall be deemed to diminish the rights, privileges, or 
     remedies of any person under any Federal or State law, or 
     under any collective bargaining agreement.
       (k) Remedies.--
       (1) In general.--A person prevailing in any action under 
     subsection (i) shall be entitled to all relief necessary to 
     make the person whole.
       (2) Damages.--Relief for any action under paragraph (1) 
     shall include--
       (A) reinstatement or transfer to the first available 
     position for which the person is qualified with the same 
     seniority status that the person would have had, but for the 
     discrimination;
       (B) the amount of any back pay, with interest; and
       (C) compensation for any compensatory, consequential or 
     special damages sustained as a result of the discrimination, 
     including litigation costs, expert witness fees, and 
     reasonable attorney fees.
                                 ______
                                 
  SA 3919. Mr. LEAHY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       Add at the end the following:

          TITLE IV--REFORM OF FEDERAL BUREAU OF INVESTIGATION

     SEC. 401. SHORT TITLE.

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

                  Subtitle A--Whistleblower Protection

     SEC. 411. INCREASING PROTECTIONS FOR FBI WHISTLEBLOWERS.

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

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

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

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

                Subtitle B--FBI Security Career Program

     SEC. 421. SECURITY MANAGEMENT POLICIES.

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

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

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

[[Page S10151]]

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

     SEC. 423. DIRECTOR OF SECURITY.

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

     SEC. 424. SECURITY CAREER PROGRAM BOARDS.

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

     SEC. 425. DESIGNATION OF SECURITY POSITIONS.

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

     SEC. 426. CAREER DEVELOPMENT.

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

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

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

     SEC. 428. EDUCATION AND TRAINING PROGRAMS.

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

     SEC. 429. OFFICE OF PERSONNEL MANAGEMENT APPROVAL.

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

         Subtitle C--FBI Counterintelligence Polygraph Program

     SEC. 431. DEFINITIONS.

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

     SEC. 432. ESTABLISHMENT OF PROGRAM.

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

     SEC. 433. REGULATIONS.

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

[[Page S10152]]

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

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

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

                          Subtitle D--Reports

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

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

                 Subtitle E--Ending the Double Standard

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

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

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

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

      Subtitle F--Enhancing Security at the Department of Justice

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

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

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

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

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

       There are authorized to be appropriated to the Department 
     of Justice for the activities of the Office of Intelligence 
     Policy and Review to help meet the increased personnel 
     demands to combat terrorism, process applications to the 
     Foreign Intelligence Surveillance Court, participate 
     effectively in counterespionage investigations, provide 
     policy analysis and oversight on national security matters, 
     and enhance secure computer and telecommunications 
     facilities--
       (1) $7,000,000 for fiscal years 2004 and 2005;
       (2) $7,500,000 for fiscal year 2006; and
       (3) $8,000,000 for fiscal year 2007.
                                 ______
                                 
  SA 3920. Mr. LEAHY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 177, after line 17, add the following:

             Subtitle D--Foreign Intelligence Surveillance

     SEC. 231. SHORT TITLE.

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

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

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

                ``TITLE VI--PUBLIC REPORTING REQUIREMENT


                ``public report of the attorney general

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

[[Page S10153]]

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

                ``TITLE VI--PUBLIC REPORTING REQUIREMENT

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

                      ``TITLE VII--EFFECTIVE DATE

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

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

       (a) Title 18, United States Code.--Section 2709(e) of title 
     18, United States Code, is amended by adding at the end the 
     following new sentence: ``The information shall include a 
     separate statement of all such requests made of institutions 
     operating as public libraries or serving as libraries of 
     secondary schools or institutions of higher education.''.
       (b) Right to Financial Privacy Act of  1978.--Section 
     1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 
     (12 U.S.C. 3414(a)(5)(C)) is amended to read as follows:
       ``(C)(i) On a semiannual basis the Attorney General shall 
     fully inform the congressional intelligence committees, the 
     Committee on the Judiciary of the House of Representatives, 
     and the Committee on the Judiciary of the Senate concerning 
     all requests made pursuant to this paragraph.
       ``(ii) In the case of the semiannual reports required to be 
     submitted under clause (i) to the congressional intelligence 
     committees, the submittal dates for such reports shall be as 
     provided in section 507 of the National Security Act of 1947.
       ``(iii) In this subparagraph, the term `congressional 
     intelligence committees' has the meaning given that term in 
     section 3 of the National Security Act of 1947 (50 U.S.C. 
     401a).''.
       (c) Fair Credit Reporting Act.--Section 625(h)(1) of the 
     Fair Credit Reporting Act (15 U.S.C. 1681u(h)(1)), as amended 
     by section 811(b)(8)(B) of the Intelligence Authorization Act 
     for Fiscal Year 2003 (Public Law 107-306), is further 
     amended--
       (1) by striking ``and the Committee on Banking, Finance and 
     Urban Affairs of the House of Representatives'' and inserting 
     ``, the Committee on Financial Services, and the Committee on 
     the Judiciary of the House of Representatives''; and
       (2) by striking ``and the Committee on Banking, Housing, 
     and Urban Affairs of the Senate'' and inserting ``, the 
     Committee on Banking, Housing, and Urban Affairs, and the 
     Committee on the Judiciary of the Senate''.
                                 ______
                                 
  SA 3921. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ANTHRAX VICTIMS FUND.

       (a) References.--Except as otherwise expressly provided, 
     wherever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered a reference to 
     the September 11th Victim Compensation Fund of 2001 (Public 
     Law 107-42; 49 U.S.C. 40101 note).
       (b) Compensation for Victims of Terrorist Acts.--
       (1) Definitions.--Section 402(6) is amended by inserting 
     ``or related to a terrorist-related laboratory-confirmed 
     anthrax infection in the United States during the period 
     beginning on September 13, 2001, through November 30, 2001'' 
     before the period.
       (2) Purpose.--Section 403 is amended by inserting ``or as a 
     result of a terrorist-related laboratory-confirmed anthrax 
     infection in the United States during the period beginning on 
     September 13, 2001, through November 30, 2001'' before the 
     period.
       (3) Determination of eligibility for compensation.--
       (A) Claim form contents.--Section 405(a)(2)(B) is amended--
       (i) in clause (i), by inserting ``or as a result of a 
     terrorist-related laboratory-confirmed anthrax infection in 
     the United States during the period beginning on September 
     13, 2001, through November 30, 2001'' before the semicolon;
       (ii) in clause (ii), by inserting ``or terrorist-related 
     laboratory-confirmed anthrax infection'' before the 
     semicolon; and
       (iii) in clause (iii), by inserting ``or terrorist-related 
     laboratory-confirmed anthrax infection'' before the period.
       (B) Limitation.--Section 405(a)(3) is amended by striking 
     ``2 years'' and inserting ``3 years''.
       (C) Collateral compensation.--Section 405(b)(6) is amended 
     by inserting ``or as a result of a terrorist-related 
     laboratory-confirmed anthrax infection in the United States 
     during the period beginning on September 13, 2001, through 
     November 30, 2001'' before the period.
       (D) Eligibility.--
       (i) Individuals.--Section 405(c)(2) is amended--

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

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

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

       ``(C) an individual who suffered physical harm or death as 
     a result of a terrorist-related laboratory-confirmed anthrax 
     infection in the United States during the period beginning on 
     September 13, 2001, through November 30, 2001; or ''.
       (ii) Requirements.--Section 405(c)(3) is amended--

       (I) in the heading for subparagraph (B) by inserting 
     ``relating to september 11th terrorist acts'' before the 
     period; and
       (II) by adding at the end the following:

       ``(C) Limitation on civil action relating to other 
     terrorist acts.--
       ``(i) In general.--Upon the submission of a claim under 
     this title, the claimant waives the right to file a civil 
     action (or to be a party to an action) in any Federal or 
     State court for damages sustained as a result of a terrorist-
     related laboratory-confirmed anthrax infection in the United 
     States during the period beginning on September 13, 2001, 
     through November 30, 2001. The preceding sentence does not 
     apply to a civil action to recover any collateral source 
     obligation based on contract, or to a civil action against 
     any person who is a knowing participant in any conspiracy to 
     commit any terrorist act.
       ``(ii) Pending actions.--In the case of an individual who 
     is a party to a civil action described in clause (i), such 
     individual may not submit a claim under this title unless 
     such individual withdraws from such action by the date that 
     is 90 days after the date on which regulations are 
     promulgated under section 4 of the Anthrax Victims Fund 
     Fairness Act of 2003.
       ``(D) Individuals with prior compensation.--
       ``(i) In general.--Subject to clause (ii), an individual is 
     not an eligible individual for purposes of this subsection if 
     that individual, or the estate of that individual, has 
     received any compensation from a civil action or settlement 
     based on tort related to a terrorist-related laboratory-
     confirmed anthrax infection in the United States during the 
     period beginning on September 13, 2001, through November 30, 
     2001.
       ``(ii) Exception.--Clause (i) shall not apply to 
     compensation received from a civil action against any person 
     who is a knowing participant in any conspiracy to commit any 
     terrorist act.''.

       (iii) Ineligibility of participants and conspirators.--
     Section 405(c) is amended by adding at the end the following:

       ``(4) Ineligibility of participants and conspirators.--An 
     individual, or a representative of that individual, shall not 
     be eligible to receive compensation under this title if that 
     individual is identified by the Attorney General to have been 
     a participant or conspirator in a terrorist-related 
     laboratory-confirmed anthrax infection in the United States 
     during the period beginning on September 13, 2001, through 
     November 30, 2001.''.
       (c) Regulations.--Not later than 90 days after the date of 
     enactment of this section, the Attorney General, in 
     consultation with the Special Master, shall promulgate 
     regulations to carry out the amendments made by this section, 
     including regulations with respect to--
       (1) forms to be used in submitting claims under this Act;
       (2) the information to be included in such forms;
       (3) procedures for hearing and the presentation of 
     evidence;
       (4) procedures to assist an individual in filing and 
     pursuing claims under this section; and
       (5) other matters determined appropriate by the Attorney 
     General.
                                 ______
                                 
  SA 3922. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

                           TITLE __--SAFE ACT

     SEC. __01. SHORT TITLE.

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

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

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

[[Page S10154]]

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

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

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

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

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

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

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

     SEC. __06. EXTENSION OF PATRIOT SUNSET PROVISION.

       Section 224(a) of the USA PATRIOT ACT (18 U.S.C. 2510 note) 
     is amended--
       (1) by striking ``213, 216, 219,''; and
       (2) by inserting ``and section 505'' after ``by those 
     sections)''.
                                 ______
                                 
  SA 3923. Mr. DURBIN (for himself, Mr. Leahy, and Mr. Sarbanes) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 154, strike lines 1 through 3 and insert the 
     following:
       (1) analyze and review actions the executive branch takes 
     to protect the Nation from terrorism, ensuring that the need 
     for such actions is balanced with the need to protect privacy 
     and civil liberties; and

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

       On page 166, strike lines 4 through 6 and insert the 
     following: ``element has established--
       ``(i) that the need for the power is balanced with the need 
     to protect privacy and civil liberties;''.
                                 ______
                                 
  SA 3924. Mr. ROBERTS (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 124, after line 12, insert the following:
       (g) Enterprise Architecture.--(1) The Director of the 
     Federal Bureau of Investigation shall--
       (A) maintain an up to date enterprise architecture or 
     computer needs blueprint; and
       (B) report annually to Congress on this enterprise 
     architecture and whether the Federal Bureau of Investigation 
     is complying with the architecture.
       (2) If the Director of the Federal Bureau of Investigation 
     determines that the Federal Bureau of Investigation will not 
     be able to comply with the architecture within any 3-month 
     period--
       (A) the Director shall make an interim report to Congress 
     on why there was a failure to comply; and
       (B) if the reason is substantially related to resources, 
     the Director shall submit with the interim notice a request 
     for additional funding that would resolve the problem or a 
     request to reprogram funds that would resolve the problem.
                                 ______
                                 
  SA 3925. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, insert the following:

[[Page S10155]]

                  TITLE __--SOCIAL SECURITY PROTECTION

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

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

     SEC. __02. EMPLOYMENT ELIGIBILITY DATABASE.

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

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

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

     SEC. __04. ENFORCEMENT.

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

[[Page S10156]]

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

     SEC. __05. AUTHORIZATIONS OF APPROPRIATIONS.

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

     SEC. __06. INTEGRATION OF FINGERPRINTING DATABASES.

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

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

       Nothing in this title or the amendments made by this title 
     shall be construed to establish a national identification 
     card, and it is the policy of the United States that the 
     social security card shall not be used as a national 
     identification card and shall only be used for verification 
     of an individual's employment status after an offer of 
     employment has been made and for national security related 
     purposes of the United States (as determined by the 
     Commissioner of Social Security in consultation with the 
     Secretary of State and the Secretary of Homeland Security).
                                 ______
                                 
  SA 3926. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following new title:

                      TITLE IV--VISA REQUIREMENTS

     SEC. 401. FINDINGS.

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

     SEC. 402. IN PERSON INTERVIEWS OF VISA APPLICANTS.

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

     SEC. 403. VISA APPLICATION REQUIREMENTS.

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

     SEC. 404. EFFECTIVE DATE.

       Notwithstanding section 341 or any other provision of this 
     Act, this title shall take effect 90 days after date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3927. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       Insert the following in the appropriate place:

[[Page S10157]]

                 TITLE __--CHEMICAL FACILITIES SECURITY

     SEC. __0. 1. SHORT TITLE.

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

     SEC. __02. DEFINITIONS.

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

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

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

     SEC. __03. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

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

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

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

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

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

[[Page S10158]]

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

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

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

     SEC. __04. ENFORCEMENT.

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

[[Page S10159]]

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

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

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

     SEC. __05. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

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

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

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

     SEC. __0 7. PENALTIES.

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

     SEC. __08. PROVISION OF TRAINING.

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

     SEC. __09. JUDICIAL REVIEW.

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

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

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

[[Page S10160]]

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

     SEC. __11. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means a retail or production 
     agricultural business (including a business that is engaged 
     in the production or processing of seafood) that employs not 
     more than such number of individuals at a chemical source 
     included in the list described in section __03(f)(1) as shall 
     be determined by the Secretary, in consultation with the 
     Administrator of the Small Business Administration and the 
     Secretary of Agriculture.
       (b) Grants.--The Secretary shall provide grants to an 
     eligible entity that is a chemical source included in the 
     list described in section __03(f)(1) selected under this 
     section to enable the eligible entity at the chemical 
     source--
       (1) to improve security measures; and
       (2) to protect against or reduce the consequence of a 
     terrorist attack.
       (c) Criteria.--In establishing criteria for the selection 
     of, or in otherwise selecting, eligible entities to receive a 
     grant under this section, the Secretary shall--
       (1) consider on an individual, location-by-location basis, 
     each applicant for a grant; and
       (2) require each eligible entity that receives a grant to 
     use funds from the grant only for the purposes described in 
     subsection (b) in accordance with guidance of the Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 3928. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end add the following new title:

                        TITLE IV--OTHER MATTERS

     SEC. 401. VISA REQUIREMENTS.

       Section 222 of the Immigration and Nationality Act (22 
     U.S.C. 1202) is amended by adding at the end the following 
     new subsection:
       ``(h) Every alien applying for a nonimmigrant visa shall, 
     prior to obtaining such visa, swear or affirm an oath stating 
     that--
       ``(1) while in the United States, the alien shall, adhere 
     to the laws and to the Constitution of the United States;
       ``(2) while in the United States, the alien will not 
     attempt to develop information for the purpose of threatening 
     the national security of the United States or to bring harm 
     to any citizen of the United States;
       ``(3) the alien is not associated with a terrorist 
     organization;
       ``(4) the alien has not and will not receive any funds or 
     other support to visit the United States from a terrorist 
     organization;
       ``(5) all documents submitted to support the alien's 
     application are valid and contain truthful information;
       ``(6) while in the United States, the alien will inform the 
     appropriate authorities if the alien is approached or 
     contacted by a member of a terrorist organization; and
       ``(7) the alien understands that the alien's visa shall be 
     revoked and the alien shall be removed from the United States 
     if the alien is found--
       ``(A) to have acted in a manner that is inconsistent with 
     this oath; or
       ``(B) provided fraudulent information in order to obtain a 
     visa.''.
                                 ______
                                 
  SA 3929. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; follows:

       At the appropriate place, insert the following:

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

       (a) In General.--Section 205(c)(2)(G) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(G)) is amended by adding at 
     the end the following: ``The Commissioner shall restrict the 
     issuance of multiple replacement social security cards to any 
     individual to not more than 3 per year and not more than 10 
     for the life of the individual, except in any case in which 
     the Commissioner determines there is minimal opportunity for 
     fraud.''.
       (b) Rulemaking.--The Commissioner of Social Security shall 
     issue regulations to carry out the amendment made by 
     subsection (a) not later than 1 year after the date of 
     enactment of this Act.
       (c) Effective Date.--Systems controls developed by the 
     Commissioner of Social Security pursuant to the amendment 
     made by subsection (a) shall take effect upon the earlier 
     of--
       (1) the date of issuance of regulations under subsection 
     (b); or
       (2) the end of the 1-year period beginning on the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3930. Mr. McCONNELL (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FIRST RESPONDER CITIZEN VOLUNTEER PROTECTION ACT.

       (a) Short Title.--This section may be cited as the ``First 
     Responder Citizen Volunteer Protection Act''.
       (b) Importance of Volunteers.--Section 2(a) of the 
     Volunteer Protection Act of 1997 (42 U.S.C. 14501(a)) is 
     amended--
       (1) in paragraph (6), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) since the attacks of September 11, 2001, the Federal 
     Government has encouraged Americans to serve their country as 
     citizen volunteers for programs such as the Volunteers in 
     Police Service (VIPS), Medical Reserve Corps (MRC), Community 
     Emergency Response Team (CERT), Neighborhood Watch, and Fire 
     Corps, which help increase our homeland security preparedness 
     and response, and which provide assistance to our fire, 
     police, health, and medical personnel, and fellow citizens in 
     the event of a natural or manmade disaster, terrorist attack, 
     or act of war; and''.
       (c) Citizen Volunteer Program.--Section 6 of the Volunteer 
     Protection Act of 1997 (42 U.S.C. 14505) is amended by adding 
     at the end the following:
       ``(7) Governmental entity.--The term `government entity' 
     means for purposes of this Act--
       ``(A) Federal or State Government, including any political 
     subdivision or agency thereof; and
       ``(B) a federally-established or funded citizen volunteer 
     program, including those coordinated by the USA Freedom Corps 
     established by Executive order 13254 (February 1, 2002), and 
     the program's components and State and local affiliates.
                                 ______
                                 
  SA 3931. Mr. McCONNELL (for himself, Mr. Santorum, and Mr. Cornyn) 
submitted an amendment intended to be proposed by him to the bill S. 
2845, to reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __. VOLUNTEER FIREFIGHTER ASSISTANCE

     SEC. __01. SHORT TITLE.

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

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

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

[[Page S10161]]

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

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

       (a) Review.--The Attorney General of the United States 
     shall conduct a State-by-State review of the donation of 
     firefighter equipment to volunteer firefighter companies 
     during the 5-year period ending on the date of enactment of 
     this Act.
       (b) Report.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General of the United 
     States shall publish and submit to Congress a report on the 
     results of the review conducted under subsection (a).
       (2) Contents.--The report published and submitted under 
     paragraph (1) shall include, for each State--
       (A) the most effective way to fund firefighter companies;
       (B) whether first responder funding is sufficient to 
     respond to the Nation's needs; and
       (C) the best method to ensure that the equipment donated to 
     volunteer firefighter companies is in usable condition.
                                 ______
                                 
  SA 3932. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

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

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

       (a) Sense of Congress.--It is the sense of Congress that 
     the National Intelligence Director should consider the 
     advisability of establishing for each element of the 
     intelligence community an element, office, or component whose 
     purpose is the alternative analysis (commonly referred to as 
     a ``red-team analysis'') of the information and conclusions 
     in the intelligence products of such element of the 
     intelligence community.
       (b) Report.--(1) Not later than one year after the date of 
     the enactment of this Act, the National Intelligence Director 
     shall submit to Congress a report on the actions taken to 
     establish for each element of the intelligence community an 
     element, office, or component described in subsection (a).
       (2) The report shall be submitted in an unclassified form, 
     but may include a classified annex.
                                 ______
                                 
  SA 3933. Ms. CANTWELL (for herself, Mr. Sessions, Mr. Schumer, and 
Mr. Kyl) submitted an amendment intended to be proposed by her to the 
bill S. 2845, to reform the intelligence community and the intelligence 
and intelligence-related activities of the United States Government, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. BIOMETRIC STANDARD FOR VISA APPLICATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Biometric Visa Standard Distant Borders Act''.
       (b) Technology Standard for Visa Waiver Participants.--
     Section 303(c) of the Enhanced Border Security and Visa Entry 
     Reform Act of 2002 (8 U.S.C. 1732(c)) is amended to read as 
     follows:
       ``(c) Technology Standard for Visa Waiver Participants.--
       ``(1) In general.--Not later than October 26, 2005, the 
     government of each country that is designated to participate 
     in the visa waiver program established under section 217 of 
     the Immigration and Nationality Act (8 U.S.C. 1187) shall 
     certify, as a condition for designation or continuation of 
     that designation, that the country has a program to issue to 
     individuals seeking to enter that country pursuant to a visa 
     issued by that country, a machine readable visa document that 
     is tamper-resistant and incorporates biometric identification 
     information that is verifiable at its port of entry, and 
     compatible with the biometric identifiers collected by the 
     United States Visitor and Immigrant Status Indicator 
     Technology Program (US-VISIT).
       ``(2) Savings clause.--This subsection shall not be 
     construed to rescind the requirement of section 217(a)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)).''.
                                 ______
                                 
  SA 3934. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 7, line 25, strike the period and insert ``; and''.
       On page 7, after line 25, add the following:
       (C) does not refer to the Office of Intelligence Policy and 
     Review of the Department of Justice or to any program, 
     project, or activity of the Federal Bureau of Investigation 
     that is not under the direct control of the Executive 
     Assistant Director for Intelligence of the Federal Bureau of 
     Investigation.
       On page 41, line 12, strike ``Concurrence of'' and insert 
     ``Consultation With''.
       On page 41, beginning on line 15, strike ``obtain the 
     concurrence of'' and insert ``consult with''.
       On page 41, beginning on line 19, strike ``If the 
     Director'' and all that follows through line 25.
       On page 42, strike line 10 and all that follows through 
     line 25.
       On page 85, beginning on line 10, strike ``obtain the 
     concurrence of'' and insert ``consult with''.
       On page 85, beginning on line 14, strike ``If the 
     Director'' and all that follows through line 20.
       On page 120, beginning on line 17, strike ``, subject to 
     the direction and control of the President,''.
       On page 121, line 13, strike ``and analysts'' and insert 
     ``, analysts, and related personnel''.
       On page 121, line 17, strike ``and analysts'' and insert 
     ``, analysts, and related personnel''.
       On page 121, line 19, strike ``and analysts'' and insert 
     ``, analysts, and related personnel''.
       On page 123, beginning on line 8, strike ``, in 
     consultation with the Director of the Office of Management 
     and Budget, modify the'' and insert ``establish a''.
       On page 123, line 11, strike ``in order to organize the 
     budget according to'' and insert ``to reflect''.
       On page 123, strike line 4 through line 8.
                                 ______
                                 
  SA 3935. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       ``(a) On page 209, after line 14, insert the following:
       ``(b) Not later than 180 days after the date of the 
     enactment of this Act, the National Intelligence Director, in 
     consultation with heads of departments containing elements of 
     the intelligence community, shall submit to Congress an 
     Implementation Plan for Intelligence Community Reform. The 
     Implementation Plan shall include the following:
       ``(1) A detailed plan for how the authorities set forth in 
     Title I Section 113 of this Act for the National Intelligence 
     Program Budget and resources will be implemented, including 
     but not limited to (a) the process for development of 
     budgets, allocation of resources, transfer of personnel and 
     reprogramming; (b) specific lines of authority and reporting 
     that will be used in these processes; and (c) identification 
     of potential obstacles or legal issues with implementation;
       ``(2) A detailed description of how the National 
     Intelligence Director and the National Intelligence Authority 
     will interact with the Secretary of Defense and Department of 
     Defense on intelligence issues. In particular this shall 
     describe what elements of the DoD will be subject to the 
     authority that this Act provides the National Intelligence 
     Director, how that authority will be exercised, and how 
     disagreements about the exercise of that authority will be 
     resolved. In addition, this shall describe how the National 
     Intelligence Director will assure that combat forces will 
     continue to receive optimal intelligence support under the 
     new structure established by this Act.
       ``(3) A detailed description of how the National 
     Intelligence Director and the National Intelligence Authority 
     will interact with the Attorney General, the Director of the 
     FBI, and the FBI on intelligence issues. In particular this 
     shall describe what elements of the FBI will be subject to 
     the authority that this Act provides the National 
     Intelligence Director, how that authority will be exercised, 
     and how disagreements about the exercise of that authority 
     will be resolved. In addition, this shall describe how the 
     authority that this Act provides the National Intelligence 
     Director will be exercised consistent with the responsibility 
     of the Attorney General to oversee activities of the FBI.
       ``(4) A detailed description of precisely how the 
     authorities and responsibilities of the new National 
     Counterterrorism Center established by this Act are being 
     implemented, including mechanisms for merging domestic and 
     foreign information and authorities for tasking or direction 
     of intelligence collection and how those mechanisms protect 
     the civil liberties of U.S. Persons.
       ``(5) A detailed description of steps the National 
     Intelligence Director will take to address the quality and 
     independence of analysis within the new structure established 
     by this Act.
       ``(6) A detailed description of the roles of the National 
     Intelligence Authority staff officers created in Title I 
     Sections 124-131 of this Act and how those officers interact 
     with each other and other government departments and 
     agencies.
       ``The National Intelligence Director shall submit the 
     Implementation Plan to the Congress.''.
       ``(b) Insert ``(a)'' before ``Not later'' in line 7 of page 
     209.
                                 ______
                                 
  SA 3936. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 125, between lines 13 and 14, insert the following:

[[Page S10162]]

       (c) Establishment of Senior Intelligence Service.--
       (1) In general.--The Director of the Federal Bureau of 
     Investigation, in consultation with the Director of the 
     Office of Personnel Management, may--
       (A) establish a Senior Intelligence Service within the 
     Federal Bureau of Investigation in order to meet the 
     intelligence obligations of the Federal Bureau of 
     Investigation; and
       (B) appoint individuals to positions in the Senior 
     Intelligence Service.
       (2) Regulations.--The Director of the Federal Bureau of 
     Investigation shall prescribe regulations for purposes of 
     paragraph (1), which regulations shall be consistent with 
     personnel authorities and practices established pursuant to 
     section 3151 of title 5, United States Code.
       (d) Establishment of Intelligence Senior Level Positions.--
     The Director of the Federal Bureau of Investigation, in 
     consultation with the Director of the Office of Personnel 
     Management, may--
       (1) establish Intelligence Senior Level positions within 
     the Federal Bureau of Investigation in order to meet the 
     intelligence obligations of the Federal Bureau of 
     Investigation, which positions may be classified to rates of 
     pay payable for grades above grade GS-15 of the General 
     Schedule; and
       (2) appoint individuals to such Intelligence Senior Level 
     positions.
       On page 125, line 14, strike ``(c)'' and insert ``(e)''.
       On page 126, line 5, strike ``(d)'' and insert ``(f)''.
                                 ______
                                 
  SA 3937. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, insert the following new title:

                         TITLE IV--IMMIGRATION

     SEC. 401. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

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

     SEC. 402. ADDITIONAL REMOVAL AUTHORITIES.

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

     SEC. 403. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3938. Mr. HATCH (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 2845, to reform the 
intelligence community and the intelligence and intelligence-related 
activities of the United States Government, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL COLLATERAL REVIEW OF CONVICTIONS FOR KILLING 
                   PUBLIC SAFETY OFFICER.

       (a) Short Title.--This section may be cited as the ``Public 
     Safety Officers' Defense Act''.
       (b) Substantive Limits.--Section 2254 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(j) Crimes Against Public Safety Officer.--
       ``(1) Definition of public safety officer.--In this 
     subsection, the term `public safety officer' has the meaning 
     given such term in section 1204 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796b).
       ``(2) In general.--A court, justice, or judge shall not 
     have jurisdiction to consider any claim relating to the 
     judgment or sentence in an application described under 
     paragraph (3), unless the applicant shows that the claim 
     qualifies for consideration on the grounds described in 
     subsection (e)(2). Any such application that is presented to 
     a court, justice, or judge other than a district court shall 
     be transferred to the appropriate district court for 
     consideration or dismissal in conformity with this 
     subsection, except that a court of appeals panel must 
     authorize any

[[Page S10163]]

     second or successive application in conformity with section 
     2244 prior to any consideration by the district court.
       ``(3) Application of subsection.--This subsection shall 
     apply to an application for a writ of habeas corpus on behalf 
     of a person in custody pursuant to the judgment of a State 
     court for a crime that involved the killing of a public 
     safety officer while the public safety officer was engaged in 
     the performance of official duties, or on account of the 
     public safety officer's performance of official duties.''.
       (c) Time Limits.--Section 2254(j) of title 28, United 
     States Code, as added by subsection (b), is amended by adding 
     at the end the following:
       ``(4) Time limits in district court.--For any application 
     described under paragraph (3), in the district court the 
     following shall apply:
       ``(A) Any motion by either party for an evidentiary hearing 
     shall be filed and served not later than 90 days after the 
     State files its answer or, if no timely answer is filed, the 
     date on which such answer is due.
       ``(B) Any motion for an evidentiary hearing shall be 
     granted or denied not later than 30 days after the date on 
     which the party opposing such motion files a pleading in 
     opposition to such motion or, if no timely pleading in 
     opposition is filed, the date on which such pleading in 
     opposition is due.
       ``(C) Any evidentiary hearing shall be--
       ``(i) convened not less than 60 days after the order 
     granting such hearing; and
       ``(ii) completed not more than 150 days after the order 
     granting such hearing.
       ``(D) A district court shall enter a final order, granting 
     or denying the application for a writ of habeas corpus, not 
     later than 15 months after the date on which the State files 
     its answer or, if no timely answer is filed, the date on 
     which such answer is due, or not later than 60 days after the 
     case is submitted for decision, whichever is earlier.
       ``(E) If the district court fails to comply with the 
     requirements of this paragraph, the State may petition the 
     court of appeals for a writ of mandamus to enforce the 
     requirements. The court of appeals shall grant or deny the 
     petition for a writ of mandamus not later than 30 days after 
     such petition is filed with the court.
       ``(5) Time limits in court of appeals.--For any application 
     described under paragraph (3), in the court of appeals the 
     following shall apply:
       ``(A) A timely filed notice of appeal from an order issuing 
     a writ of habeas corpus shall operate as a stay of that order 
     pending final disposition of the appeal.
       ``(B) The court of appeals shall decide the appeal from an 
     order granting or denying a writ of habeas corpus--
       ``(i) not later than 120 days after the date on which the 
     brief of the appellee is filed or, if no timely brief is 
     filed, the date on which such brief is due; or
       ``(ii) if a cross-appeal is filed, not later than 120 days 
     after the date on which the appellant files a brief in 
     response to the issues presented by the cross-appeal or, if 
     no timely brief is filed, the date on which such brief is 
     due.
       ``(C)(i) Following a decision by a panel of the court of 
     appeals under subparagraph (B), a petition for panel 
     rehearing is not allowed, but rehearing by the court of 
     appeals en banc may be requested. The court of appeals shall 
     decide whether to grant a petition for rehearing en banc not 
     later than 30 days after the date on which the petition is 
     filed, unless a response is required, in which case the court 
     shall decide whether to grant the petition not later than 30 
     days after the date on which the response is filed or, if no 
     timely response is filed, the date on which the response is 
     due.
       ``(ii) If rehearing en banc is granted, the court of 
     appeals shall make a final determination of the appeal not 
     later than 120 days after the date on which the order 
     granting rehearing en banc is entered.
       ``(D) If the court of appeals fails to comply with the 
     requirements of this paragraph, the State may petition the 
     Supreme Court or a justice thereof for a writ of mandamus to 
     enforce the requirements.
       ``(6) Application of time limits.--
       ``(A) In general.--The time limitations under paragraphs 
     (4) and (5) shall apply to an initial application described 
     under paragraph (3), any second or successive application 
     described under paragraph (3), and any redetermination of an 
     application described under paragraph (3) or related appeal 
     following a remand by the court of appeals or the Supreme 
     Court for further proceedings.
       ``(B) Remand in district court.--In proceedings following 
     remand in the district court, time limits running from the 
     time the State files its answer under paragraph (4) shall run 
     from the date the remand is ordered if further briefing is 
     not required in the district court. If there is further 
     briefing following remand in the district court, such time 
     limits shall run from the date on which a responsive brief is 
     filed or, if no timely responsive brief is filed, the date on 
     which such brief is due.
       ``(C) Remand in court of appeals.--In proceedings following 
     remand in the court of appeals, the time limit specified in 
     paragraph (5)(B) shall run from the date the remand is 
     ordered if further briefing is not required in the court of 
     appeals. If there is further briefing in the court of 
     appeals, the time limit specified in paragraph (5)(B) shall 
     run from the date on which a responsive brief is filed or, if 
     no timely responsive brief is filed, from the date on which 
     such brief is due.
       ``(7) Failure to comply.--The failure of a court to meet or 
     comply with a time limitation under this subsection shall not 
     be a ground for granting relief from a judgment of conviction 
     or sentence, nor shall the time limitations under this 
     subsection be construed to entitle a capital applicant to a 
     stay of execution, to which the applicant would otherwise not 
     be entitled, for the purpose of litigating any application or 
     appeal.''.
       (d) Application to Pending Cases.--
       (1) In general.--The amendments made by this section shall 
     apply to cases pending on or after the date of enactment of 
     this Act.
       (2) Time limits.--In a case pending on the date of 
     enactment of this Act, if the amendments made by this section 
     provide that a time limit runs from an event or time that has 
     occurred prior to such date of enactment, the time limit 
     shall run instead from such date of enactment.
                                 ______
                                 
  SA 3939. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in the bill, add:
       It is the Sense of the Senate that the United States should 
     support and uphold the Convention Against Torture and Other 
     Cruel, Inhuman, or Degrading Treatment or Punishment.
                                 ______
                                 
  SA 3940. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PENALTIES FOR STOWAWAYS.

       Section 2199 of title 18, United States Code, is amended by 
     striking ``Shall be fined under this title or imprisoned not 
     more than one year or both.'' and inserting the following:
       ``Shall be fined under this title or imprisoned not more 
     than 5 years or both;
       ``If serious bodily injury occurs (as defined in section 
     1365 of this title, including any conduct that, if the 
     conduct occurred in the special maritime and territorial 
     jurisdiction of the United States, would violate section 2241 
     or 2242 of this title) to any person other than a participant 
     as a result of a violation of this section, be fined under 
     this title or imprisoned not more than 20 years, or both; and
       ``If death to any person other than a participant occurs as 
     a result of a violation of this section, be fined under this 
     title or imprisoned for any number of years up to life, or 
     both.''.
                                 ______
                                 
  SA 3941. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       28 U.S.C. Sec. 1605(A). A foreign state shall not be immune 
     from the jurisdiction of courts of the United States or of 
     the States in any case--
       2. * * *
       (7) not otherwise covered by paragraph (2), in which money 
     damages are sought against a foreign state for personal 
     injury or death, or damage to or loss of property, that was 
     caused by an act of torture, extrajudicial killing, aircraft 
     sabotage, hostage taking, or the provision of material 
     support or resources (as defined in section 2339A of title 
     18) for such an act if such act or provision of material 
     support is engaged in by an official, employee, or agent of 
     such foreign state while acting within the scope of his or 
     her office, employment, or agency, except that the court 
     shall decline to hear a claim under this paragraph--
       (A) if the foreign state was not designated as a state 
     sponsor of terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371) at the time the act occurred, unless later so 
     designated as a result of such act or the act is related to 
     Case Number 1:00CV03110(EGS) in the United States District 
     Court for the District of Columbia or to the September 11, 
     2001 terrorist attacks against the World Trade Center, the 
     Pentagon and other targets in the United States; * * *
       18 U.S.C. Sec. 2332f(e). As used in this section, the 
     term--
       (2) ``national of the United States'' (i) has the meaning 
     given that term in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)) and (ii) means an 
     organization which is incorporated or chartered or has its 
     principal place of business in the United States;
                                 ______
                                 
  SA 3942. Mr. LIEBERMAN (for Mr. McCain (for himself, and Mr. 
Lieberman, and Mr. Bayh,) proposed an amendment to the bill S. 2845, to 
reform the intelligence community and

[[Page S10164]]

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

       At the appropriate place, insert the following:

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

     SEC. __01. FINDINGS.

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

     SEC. __02. TERRORIST SANCTUARIES.

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

     SEC. __03. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

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

     SEC. __04. AID TO AFGHANISTAN.

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

[[Page S10165]]

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

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

     SEC. __06. EFFORTS TO COMBAT ISLAMIST TERRORISM.

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

     SEC. __07. UNITED STATES POLICY TOWARD DICTATORSHIPS.

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

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

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

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

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

     SEC. __10. INTERNATIONAL YOUTH OPPORTUNITY FUND.

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

[[Page S10166]]

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

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

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

     SEC. __12. MIDDLE EAST PARTNERSHIP INITIATIVE.

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

     SEC. __13. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING 
                   TERRORISM.

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

     SEC. __14. TREATMENT OF FOREIGN PRISONERS.

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

[[Page S10167]]

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

     SEC. __15. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

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

     SEC. __16. FINANCING OF TERRORISM.

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

[[Page S10168]]

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

     SEC. __17. REPORT TO CONGRESS.

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

[[Page S10169]]

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

     SEC. __18. EFFECTIVE DATE.

       Notwithstanding section 341 or any other provision of this 
     Act, this title shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3943. Mr. INOFE (for Mr. Gregg (for himself, Mr. Harkin, Mr. 
Kennedy, Mr. Enzi, Mr. Reed, Mr. DeWine, Mrs. Clinton, Mr. Roberts, Mr. 
Bingaman, Mrs. Murray, Mr. Daschle, and Mr. Dodd)) submitted an 
amendment intended to be proposed by Mr. Inhofe to the bill H.R. 4278, 
to amend the Assistive Technology Act of 1998 to support programs of 
grants to States to address the assistive technology needs of 
individuals with disabilities, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Assistive Technology Act of 
     2004''.

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

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

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

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

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

     ``SEC. 2. FINDINGS AND PURPOSES.

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

     ``SEC. 3. DEFINITIONS.

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

[[Page S10170]]

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

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

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

[[Page S10171]]

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

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

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

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

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

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

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

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

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

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

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

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

       ``(ii) Majority.--

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

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

[[Page S10172]]

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

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

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

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

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

[[Page S10173]]

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

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

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

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

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

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

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

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

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

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

[[Page S10174]]

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

     ``SEC. 6. NATIONAL ACTIVITIES.

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

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

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

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

[[Page S10175]]

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

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

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

       ``(iii) provides State-specific, regional, and national 
     training and technical assistance concerning assistive 
     technology to entities funded under this Act, other entities 
     funded under this Act, and public and private entities not 
     funded under this Act, including--

       ``(I) annually providing a forum for exchanging information 
     concerning, and promoting program and policy improvements in, 
     required activities of the State assistive technology 
     programs;
       ``(II) facilitating onsite and electronic information 
     sharing using state-of-the-art Internet technologies such as 
     real-time online discussions, multipoint video conferencing, 
     and web-based audio/video broadcasts, on emerging topics that 
     affect State assistive technology programs;
       ``(III) convening experts from State assistive technology 
     programs to discuss and make recommendations with regard to 
     national emerging issues of importance to individuals with 
     assistive technology needs;
       ``(IV) sharing best practice and evidence-based practices 
     among State assistive technology programs;
       ``(V) maintaining an accessible website that includes a 
     link to State assistive technology programs, appropriate 
     Federal departments and agencies, and private associations 
     and developing a national toll-free number that links callers 
     from a State with the State assistive technology program in 
     their State;
       ``(VI) developing or utilizing existing (as of the date of 
     the award involved) model cooperative volume-purchasing 
     mechanisms designed to reduce the financial costs of 
     purchasing assistive technology for required and 
     discretionary activities identified in section 4, and 
     reducing duplication of activities among State assistive 
     technology programs; and
       ``(VII) providing access to experts in the areas of 
     banking, microlending, and finance, for entities funded under 
     this Act, through site visits, teleconferences, and other 
     means, to ensure access to information for entities that are 
     carrying out new programs or programs that are not making 
     progress in achieving the objectives of the programs; and

       ``(iv) includes such other activities as the Secretary may 
     require.
       ``(B) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative agreement under this 
     paragraph, an entity shall have (directly or through grant or 
     contract)--
       ``(i) experience and expertise in administering programs, 
     including developing, implementing, and administering the 
     required and discretionary activities described in sections 4 
     and 5, and providing technical assistance; and
       ``(ii) documented experience in and knowledge about 
     banking, finance, and microlending.
       ``(C) Collaboration.--In developing and providing training 
     and technical assistance under this paragraph, including 
     activities identified as priorities, a recipient of a grant, 
     contract, or cooperative agreement under this paragraph shall 
     collaborate with other organizations, in particular--
       ``(i) organizations representing individuals with 
     disabilities;
       ``(ii) national organizations representing State assistive 
     technology programs;
       ``(iii) organizations representing State officials and 
     agencies engaged in the delivery of assistive technology;
       ``(iv) the data-collection and reporting providers 
     described in paragraph (5); and
       ``(v) other providers of national programs or programs of 
     national significance funded under this Act.
       ``(4) National information internet system.--
       ``(A) In general.--The Secretary shall award a grant, 
     contract, or cooperative agreement to an entity to renovate, 
     update, and maintain the National Public Internet Site 
     established under this Act (as in effect on the day before 
     the date of enactment of the Assistive Technology Act of 
     2004).
       ``(B) Features of internet site.--The National Public 
     Internet Site shall contain the following features:
       ``(i) Availability of information at any time.--The site 
     shall be designed so that any member of the public may obtain 
     information posted on the site at any time.
       ``(ii) Innovative automated intelligent agent.--The site 
     shall be constructed with an innovative automated intelligent 
     agent that is a diagnostic tool for assisting users in 
     problem definition and the selection of appropriate assistive 
     technology devices and assistive technology services 
     resources.
       ``(iii) Resources.--

       ``(I) Library on assistive technology.--The site shall 
     include access to a comprehensive working library on 
     assistive technology for all environments, including home, 
     workplace, transportation, and other environments.
       ``(II) Information on accommodating individuals with 
     disabilities.--The site shall include access to evidence-
     based research and best practices concerning how assistive 
     technology can be used to accommodate individuals with 
     disabilities in the areas of education, employment, health 
     care, community living, and telecommunications and 
     information technology.
       ``(III) Resources for a number of disabilities.--The site 
     shall include resources relating to the largest possible 
     number of disabilities, including resources relating to low-
     level reading skills.

       ``(iv) Links to private-sector resources and information.--
     To the extent feasible, the site shall be linked to relevant 
     private-sector resources and information, under agreements 
     developed between the recipient of the grant, contract, or 
     cooperative agreement and cooperating private-sector 
     entities.
       ``(v) Links to public-sector resources and information.--To 
     the extent feasible, the site shall be linked to relevant 
     public-sector resources and information, such as the Internet 
     sites of the Office of Special Education and Rehabilitation 
     Services of the Department of Education, the Office of 
     Disability Employment Policy of the Department of Labor, the 
     Small Business Administration, the Architectural and 
     Transportation Barriers Compliance Board, the Technology 
     Administration of the Department of Commerce, the Jobs 
     Accommodation Network funded by the Office of Disability 
     Employment Policy of the Department of Labor, and other 
     relevant sites.
       ``(vi) Minimum library components.--At a minimum, the site 
     shall maintain updated information on--

       ``(I) State assistive technology program demonstration 
     sites where individuals may try out assistive technology 
     devices;
       ``(II) State assistive technology program device loan 
     program sites where individuals may borrow assistive 
     technology devices;
       ``(III) State assistive technology program device 
     reutilization program sites;
       ``(IV) alternative financing programs or State financing 
     systems operated through, or independently of, State 
     assistive technology programs, and other sources of funding 
     for assistive technology devices; and
       ``(V) various programs, including programs with tax 
     credits, available to employers for hiring or accommodating 
     employees who are individuals with disabilities.

       ``(C) Eligible entity.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this paragraph, an 
     entity shall be a nonprofit organization, for-profit 
     organization, or institution of higher education, that--
       ``(i) emphasizes research and engineering;
       ``(ii) has a multidisciplinary research center; and
       ``(iii) has demonstrated expertise in--

       ``(I) working with assistive technology and intelligent 
     agent interactive information dissemination systems;
       ``(II) managing libraries of assistive technology and 
     disability-related resources;
       ``(III) delivering to individuals with disabilities 
     education, information, and referral services, including 
     technology-based curriculum-development services for adults 
     with low-level reading skills;
       ``(IV) developing cooperative partnerships with the private 
     sector, particularly with private-sector computer software, 
     hardware, and Internet services entities; and
       ``(V) developing and designing advanced Internet sites.

       ``(5) Data-collection and reporting assistance.--
       ``(A) In general.--The Secretary shall award grants, 
     contracts, and cooperative agreements to entities to assist 
     the entities in carrying out State assistive technology 
     programs in developing and implementing effective data-
     collection and reporting systems that--
       ``(i) focus on quantitative and qualitative data elements;
       ``(ii) measure the outcomes of the required activities 
     described in section 4 that are implemented by the States and 
     the progress of the States toward achieving the measurable 
     goals described in section 4(d)(3);
       ``(iii) provide States with the necessary information 
     required under this Act or by the Secretary for reports 
     described in section 4(f)(2); and
       ``(iv) help measure the accrued benefits of the activities 
     to individuals who need assistive technology.
       ``(B) Eligible entities.--To be eligible to receive a 
     grant, contract, or cooperative

[[Page S10176]]

     agreement under this paragraph, an entity shall have 
     personnel with--
       ``(i) documented experience and expertise in administering 
     State assistive technology programs;
       ``(ii) experience in collecting and analyzing data 
     associated with implementing required and discretionary 
     activities;
       ``(iii) expertise necessary to identify additional data 
     elements needed to provide comprehensive reporting of State 
     activities and outcomes; and
       ``(iv) experience in utilizing data to provide annual 
     reports to State policymakers.
       ``(c) Application.--To be eligible to receive a grant, 
     contract, or cooperative agreement under this section, an 
     entity shall submit an application to the Secretary at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(d) Input.--With respect to the activities described in 
     subsection (b) to be funded under this section, including the 
     national and regionally based training and technical 
     assistance efforts carried out through the activities, in 
     designing the activities the Secretary shall consider, and in 
     providing the activities providers shall include, input of 
     the directors of comprehensive statewide programs of 
     technology-related assistance, directors of alternative 
     financing programs, and other individuals the Secretary 
     determines to be appropriate, especially--
       ``(1) individuals with disabilities who use assistive 
     technology and understand the barriers to the acquisition of 
     such technology and assistive technology services;
       ``(2) family members, guardians, advocates, and authorized 
     representatives of such individuals;
       ``(3) individuals employed by protection and advocacy 
     systems funded under section 5;
       ``(4) relevant employees from Federal departments and 
     agencies, other than the Department of Education;
       ``(5) representatives of businesses; and
       ``(6) venders and public and private researchers and 
     developers.

     ``SEC. 7. ADMINISTRATIVE PROVISIONS.

       ``(a) General Administration.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Assistant Secretary for Special Education and 
     Rehabilitative Services of the Department of Education, 
     acting through the Rehabilitation Services Administration, 
     shall be responsible for the administration of this Act.
       ``(2) Collaboration.--The Assistant Secretary for Special 
     Education and Rehabilitative Services shall consult with the 
     Office of Special Education Programs, the Rehabilitation 
     Services Administration, and the National Institute on 
     Disability and Rehabilitation Research in the Office of 
     Special Education and Rehabilitative Services, and 
     appropriate Federal entities in the administration of this 
     Act.
       ``(3) Administration.--In administering this Act, the 
     Rehabilitation Services Administration shall ensure that 
     programs funded under this Act will address the needs of 
     individuals with disabilities of all ages, whether the 
     individuals will use the assistive technology to obtain or 
     maintain employment, to obtain education, or for other 
     reasons.
       ``(4) Orderly transition.--
       ``(A) In general.--The Secretary shall take such steps as 
     the Secretary determines to be appropriate to provide for the 
     orderly transition to, and implementation of, programs 
     authorized by this Act, from programs authorized by the 
     Assistive Technology Act of 1998, as in effect on the day 
     before the date of enactment of the Assistive Technology Act 
     of 2004.
       ``(B) Cessation of effectiveness.--Subparagraph (A) ceases 
     to be effective on the date that is 6 months after the date 
     of enactment of the Assistive Technology Act of 2004.
       ``(b) Review of Participating Entities.--
       ``(1) In general.--The Secretary shall assess the extent to 
     which entities that receive grants under this Act are 
     complying with the applicable requirements of this Act and 
     achieving measurable goals that are consistent with the 
     requirements of the grant programs under which the entities 
     received the grants.
       ``(2) Provision of information.--To assist the Secretary in 
     carrying out the responsibilities of the Secretary under this 
     section, the Secretary may require States to provide relevant 
     information, including the information required under 
     subsection (d).
       ``(c) Corrective Action and Sanctions.--
       ``(1) Corrective action.--If the Secretary determines that 
     an entity that receives a grant under this Act fails to 
     substantially comply with the applicable requirements of this 
     Act, or to make substantial progress toward achieving the 
     measurable goals described in subsection (b)(1) with respect 
     to the grant program, the Secretary shall assist the entity, 
     through technical assistance funded under section 6 or other 
     means, within 90 days after such determination, to develop a 
     corrective action plan.
       ``(2) Sanctions.--If the entity fails to develop and comply 
     with a corrective action plan described in paragraph (1) 
     during a fiscal year, the entity shall be subject to 1 of the 
     following corrective actions selected by the Secretary:
       ``(A) Partial or complete termination of funding under the 
     grant program, until the entity develops and complies with 
     such a plan.
       ``(B) Ineligibility to participate in the grant program in 
     the following year.
       ``(C) Reduction in the amount of funding that may be used 
     for indirect costs under section 4 for the following year.
       ``(D) Required redesignation of the lead agency designated 
     under section 4(c)(1) or an entity responsible for 
     administering the grant program.
       ``(3) Appeals procedures.--The Secretary shall establish 
     appeals procedures for entities that are determined to be in 
     noncompliance with the applicable requirements of this Act, 
     or have not made substantial progress toward achieving the 
     measurable goals described in subsection (b)(1).
       ``(4) Secretarial action.--As part of the annual report 
     required under subsection (d), the Secretary shall describe 
     each such action taken under paragraph (1) or (2) and the 
     outcomes of each such action.
       ``(5) Public notification.--The Secretary shall notify the 
     public, by posting on the Internet website of the Department 
     of Education, of each action taken by the Secretary under 
     paragraph (1) or (2). As a part of such notification, the 
     Secretary shall describe each such action taken under 
     paragraph (1) or (2) and the outcomes of each such action.
       ``(d) Annual Report to Congress.--
       ``(1) In general.--Not later than December 31 of each year, 
     the Secretary shall prepare, and submit to the President and 
     to the Committee on Education and the Workforce of the House 
     of Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate, a report on the activities 
     funded under this Act to improve the access of individuals 
     with disabilities to assistive technology devices and 
     assistive technology services.
       ``(2) Contents.--Such report shall include--
       ``(A) a compilation and summary of the information provided 
     by the States in annual progress reports submitted under 
     section 4(f); and
       ``(B) a summary of the State applications described in 
     section 4(d) and an analysis of the progress of the States in 
     meeting the measurable goals established in State 
     applications under section 4(d)(3).
       ``(e) Construction.--Nothing in this section shall be 
     construed to affect the enforcement authority of the 
     Secretary, another Federal officer, or a court under part D 
     of the General Education Provisions Act (20 U.S.C. 1234 et 
     seq.) or other applicable law.
       ``(f) Effect on Other Assistance.--This Act may not be 
     construed as authorizing a Federal or State agency to reduce 
     medical or other assistance available, or to alter 
     eligibility for a benefit or service, under any other Federal 
     law.
       ``(g) Rule.--The Assistive Technology Act of 1998 (as in 
     effect on the day before the date of enactment of the 
     Assistive Technology Act of 2004) shall apply to funds 
     appropriated under the Assistive Technology Act of 1998 for 
     fiscal year 2004.

     ``SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) State Grants for Assistive Technology and National 
     Activities.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out sections 4 and 6 such sums as may be necessary 
     for each of fiscal years 2005 through 2010.
       ``(2) Reservation.--
       ``(A) Definition.--In this paragraph, the term `higher 
     appropriation year' means a fiscal year for which the amount 
     appropriated under paragraph (1) and made available to carry 
     out section 4 is at least $665,000 greater than the amount 
     that--
       ``(i) was appropriated under section 105 of this Act (as in 
     effect on October 1, 2003) for fiscal year 2004; and
       ``(ii) was not reserved for grants under section 102 or 104 
     of this Act (as in effect on such date) for fiscal year 2004.
       ``(B) Amount reserved for national activities.--Of the 
     amount appropriated under paragraph (1) for a fiscal year--
       ``(i) not more than $1,235,000 may be reserved to carry out 
     section 6, except as provided in clause (ii); and
       ``(ii) for a higher appropriation year--

       ``(I) not more than $1,900,000 may be reserved to carry out 
     section 6; and
       ``(II) of the amount so reserved, the portion exceeding 
     $1,235,000 shall be used to carry out paragraphs (1) and (2) 
     of section 6(b).

       ``(b) State Grants for Protection and Advocacy Services 
     Related to Assistive Technology.--There are authorized to be 
     appropriated to carry out section 5 $4,419,000 for fiscal 
     year 2005 and such sums as may be necessary for each of 
     fiscal years 2006 through 2010.''.

     SEC. 3. CONFORMING AMENDMENTS.

       (a) Developmental Disabilities Assistance and Bill of 
     Rights Act of 2000.--The Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et 
     seq.) is amended--
       (1) in section 124(c)(3)(B), by striking ``section 101 or 
     102 of the Assistive Technology Act of 1998 (29 U.S.C. 3011, 
     3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998'';
       (2) in section 125(c)(5)(G)(i), by striking ``section 101 
     or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998'';
       (3) in section 143(a)(2)(D)(ii), by striking ``section 101 
     or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998''; and
       (4) in section 154(a)(3)(E)(ii)(VI), by striking ``section 
     101 or 102 of the Assistive Technology Act of 1998 (29 U.S.C. 
     3011, 3012)'' and inserting ``section 4 or 5 of the Assistive 
     Technology Act of 1998''.

[[Page S10177]]

       (b) Rehabilitation Act of 1973.--The Rehabilitation Act of 
     1973 (29 U.S.C. 701 et seq.) is amended--
       (1) in section 203, by striking subsection (e) and 
     inserting the following:
       ``(e) In this section--
       ``(1) the terms `assistive technology' and `universal 
     design' have the meanings given the terms in section 3 of the 
     Assistive Technology Act of 1998; and
       ``(2) the term `targeted individuals' has the meaning given 
     the term `targeted individuals and entities' in section 3 of 
     the Assistive Technology Act of 1998.'';
       (2) in section 401(c)(2), by striking ``targeted 
     individuals'' and inserting ``targeted individuals and 
     entities''; and
       (3) in section 502(d), by striking ``targeted individuals'' 
     and inserting ``targeted individuals and entities''.
                                 ______
                                 
  SA 3944. Mr. INHOFE (for Mr. Leahy (for himself and Mr. Hatch) 
proposed an amendment to the bill H.R. 2714, to reauthorize the State 
Justice Institute; as follows:

       On page 3, after line 5, add the following:

     SEC. 4. LAW ENFORCEMENT ARMOR VESTS.

       Section 1001(a)(23) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is 
     amended by striking ``2004'' and inserting ``2007''.

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