[Congressional Record Volume 150, Number 124 (Tuesday, October 5, 2004)]
[Senate]
[Pages S10384-S10388]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL INTELLIGENCE REFORM ACT OF 2004
Amendment No. 3933, As Modified
Ms. COLLINS. Mr. President, the first amendment I call up is
amendment No. 3933, as modified, with the changes that are at the desk.
This is an amendment from Senators Cantwell, Sessions, Schumer, and
Kyl.
The PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:
The Senator from Maine [Ms. Collins], for Ms. Cantwell,
herself, Mr. Sessions, Mr. Schumer, and Mr. Kyl, proposes an
amendment numbered 3933, as modified.
The amendment is 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, 2006, the
Secretary of State shall certify to Congress which of the
countries designated to participate in the visa waiver
program established under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) are developing 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.
``(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)).''.
The PRESIDENT pro tempore. The amendment is pending. Is there further
debate? If not, without objection, the amendment is agreed to.
The amendment (No. 3933), as modified, was agreed to.
Amendment No. 3957
Ms. COLLINS. Mr. President, I now call up a managers' amendment that
is at the desk and, again, has been cleared on both sides of the aisle.
The PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:
The Senator from Maine [Ms. Collins], for herself, and Mr.
Lieberman, proposes an amendment numbered 3957.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The PRESIDENT pro tempore. Is there further debate on this amendment?
If not, without objection, the amendment is agreed to.
The amendment (No. 3957) was agreed to.
Amendments Nos. 3712, As Modified, and 3768, As Further Modified
Ms. COLLINS. Madam President, I ask unanimous consent,
notwithstanding morning business, that I send two amendments to the
desk and ask the pending amendment also be set aside, to S. 2845.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. COLLINS. On behalf of Senator Rockefeller and Senator Baucus,
these amendments have been cleared on both sides and I urge their
adoption en bloc.
The PRESIDING OFFICER. Without objection, the amendments are agreed
to.
The amendments were agreed to, as follows:
amendment no. 3172, as modified
(Purpose: To provide improved aviation security)
At the appropriate place, insert the following:
TITLE --AVIATION SECURITY
SEC. --01. IMPROVED PILOT LICENSES.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Federal Aviation Administrator may develop a
system for the issuance of any pilot's license issued more
than 180 days after the date of enactment of this Act that--
[[Page S10385]]
(1) are resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) are capable of accommodating a digital photograph, a
biometric1 measure, or other unique identifier that provides
a means of--
(A) ensuring its validity; and
(B) revealing whether any component or security feature of
the license has been compromised.
(b) Use of Designees.--The Administrator of the Federal
Aviation Administration may use designees to carry out
subsection (a) to the extent feasible in order to minimize
the burden of such requirements on pilots.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator for fiscal year 2005,
$50,000,000 to carry out subsection (a).
SEC. --02. AIRCRAFT CHARTER CUSTOMER PRESCREENING.
(a) In General.--Within 1 year after the date of enactment
of this Act, or as soon as practicable thereafter, the
Secretary of Homeland Security shall establish a process by
which operators of charter aircraft with a maximum takeoff
weight of greater than 12,500 pounds may--
(1) request the Transportation Security Administration to
compare information about any individual seeking to charter
an aircraft, and any passengers proposed to be transported
aboard the aircraft, with a comprehensive, consolidated
database or watchlist containing information about known or
suspected terrorists and their associates; and
(2) refuse to charter an aircraft to or transport aboard
such aircraft any persons identified on such database or
watchlist.
(b) Privacy Safeguards.--The Secretary shall take
appropriate measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
chartering aircraft other than whether an individual compared
against government watchlists constitutes a flight security
or terrorism risk; and
(2) an individual denied access to an aircraft is given an
opportunity to consult the Transportation Security
Administration for the purpose of correcting mis-
identification errors, resolve confusion resulting from names
that are the same as or similar to names on available
government watchlists, and address other information that is
alleged to be erroneous, that may have resulted in the
denial.
(c) Transfer.--The Secretary shall assess procedures to
transfer responsibility for conducting reviews of any
appropriate government watchlists under this section from
persons engaged in the business of chartering air carriers to
the public to the Secretary.
(d) Authority of the Secretary.--Nothing in this section
precludes the Secretary from requiring operators of charter
aircraft to comply with security procedures, including those
established under subsection (a), if the Secretary determines
that such a requirement is necessary based on threat
conditions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out the provisions of this section.
SEC. --03. AIRCRAFT RENTAL CUSTOMER PRESCREENING.
(a) In General.--Within 1 year after the date of enactment
of this Act, or as soon as practicable thereafter, the
Secretary of Homeland Security shall establish a process by
which operators of rental aircraft with a maximum takeoff
weight of greater than 12,500 pounds may--
(1) request the Transportation Security Administration to
compare information about any individual seeking to rent an
aircraft, and any passengers proposed to be transported
aboard the aircraft, with a comprehensive, consolidated
database or watchlist containing information about known or
suspected terrorists and their associates; and
(2) refuse to rent an aircraft to or transport aboard such
aircraft any persons identified on such database or
watchlist.
(b) Privacy Safeguards.--The Secretary shall take
appropriate measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
renting aircraft other than whether an individual compared
against government watchlists constitutes a flight security
or terrorism risk; and
(2) an individual denied access to an aircraft is given an
opportunity to consult the Transportation Security
Administration for the purpose of correcting mis-
identification errors, resolve confusion resulting from names
that are the same as or similar to names on available
government watchlists, and address other information that is
alleged to be erroneous, that may have resulted in the
denial.
(c) Transfer.--The Secretary shall assess procedures to
transfer responsibility for conducting reviews of any
appropriate government watchlists under this section from
persons engaged in the business of renting aircraft to the
public to the Secretary.
(d) Authority of the Secretary.--Nothing in this section
precludes the Secretary from requiring operators of rental
aircraft to comply with security procedures, including those
established under subsection (a), if the Secretary determines
that such a requirement is necessary based on threat
conditions.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out the provisions of this section.
SEC. --04. REPORT ON RENTAL AND CHARTER CUSTOMER PRESCREENING
PROCEDURES.
(a) In General.--Within 12 months after the date of
enactment of this Act, the Secretary of Homeland Security
shall transmit a report to Congress on the feasibility of
extending the requirements of section --02, section --03, or
both sections to apply to aircraft with a maximum
certificated takeoff weight of 12,500 pounds or less.
(b) Issues Addressed.--The report shall--
(1) examine the technology and communications systems
needed to carry out such procedures;
(2) provide an analysis of the risks posed by such
aircraft; and
(3) examine the operational impact of proposed procedures
on the commercial viability of that segment of charter and
rental aviation operations.
SEC. --05. AVIATION SECURITY STAFFING.
(a) Staffing Level Standards.--
(1) Development of standards.--Within 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of
Transportation and Federal Security Directors, shall develop
standards for determining the appropriate aviation security
staffing standards for all commercial airports in the United
States necessary--
(A) to provide necessary levels of aviation security; and
(B) to ensure that the average aviation security-related
delay experienced by airline passengers is minimized.
(2) GAO analysis.--The Comptroller General shall, as soon
as practicable after the date on which the Secretary of
Homeland Security has developed standards under paragraph
(1), conduct an expedited analysis of the standards for
effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(3) Report to congress.--Within 120 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Comptroller General shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the standards developed under paragraph
(1), together with recommendations for further improving the
efficiency and effectiveness of the screening process,
including the use of maximum time delay goals of no more than
10 minutes on the average.
(b) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a
study of the feasibility of combining operations of Federal
employees involved in screening at commercial airports and
aviation security related functions under the aegis of the
Department of Homeland Security in order to coordinate
security-related activities, increase the efficiency and
effectiveness of those activities, and increase commercial
air transportation security.
SEC. --06. IMPROVED AIR CARGO AND AIRPORT SECURITY.
(a) In General.--There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the
Transportation Security Administration, in addition to any
amounts otherwise authorized by law, for the purpose of
improving aviation security related to the transportation of
cargo on both passenger aircraft and all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(b) Next-Generation Cargo Security Grant Program.--
(1) In general.--The Secretary shall establish and carry
out a grant program to facilitate the development, testing,
purchase, and deployment of next-generation air cargo
security technology. The Secretary shall establish such
eligibility criteria, establish such application and
administrative procedures, and provide for such matching
funding requirements, if any, as may be necessary and
appropriate to ensure that the technology is deployed as
fully and as rapidly as practicable.
(2) Research and development; deployment.--To carry out
paragraph (1), there are authorized to be appropriated to the
Secretary for research and development related to next-
generation air cargo security technology as well as for
deployment and installation of next-generation air cargo
security technology, such sums are to remain available until
expended--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $100,000,000 for fiscal year 2007.
(c) Authorization for Expiring and New LOIs.--
(1) In general.--There are authorized to be appropriated to
the Secretary $150,000,000 for each of fiscal years 2005
through 2007 to fund projects and activities for which
letters of intent are issued under section 44923 of title 49,
United States Code, after the date of enactment of this Act.
[[Page S10386]]
(2) Period of reimbursement.--Notwithstanding any other
provision of law, the Secretary may provide that the period
of reimbursement under any letter of intent may extend for a
period not to exceed 10 years after the date that the
Secretary issues such letter, subject to the availability of
appropriations. This paragraph applies to letters of intent
issued under section 44923 of title 49, United States Code,
or section 367 of the Department of Transportation and
Related Agencies Appropriation Act, 2003 (49 U.S.C. 47110
note).
(d) Reports.--The Secretary shall transmit an annual report
for fiscal year 2005, fiscal year 2006, and fiscal year 2007
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on--
(1) the progress being made toward, and the status of,
deployment and installation of next-generation air cargo
security technology under subsection (b); and
(2) the amount and purpose of grants under subsection (b)
and the locations of projects funded by such grants.
SEC. --07. AIR CARGO SECURITY MEASURES.
(a) Enhancement of Air Cargo Security.--The Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, shall develop and implement a plan to enhance
air cargo security at airports for commercial passenger and
cargo aircraft that incorporates the recommendations made by
the Cargo Security Working Group of the Aviation Security
Advisory Committee.
(b) Supply Chain Security.--The Administrator of the
Transportation Security Administration shall--
(1) promulgate regulations requiring the evaluation of
indirect air carriers and ground handling agents, including
background checks and checks against all Administration watch
lists; and
(2) evaluate the potential efficacy of increased use of
canine detection teams to inspect air cargo on passenger and
all-cargo aircraft, including targeted inspections of high
risk items.
(c) Increased Cargo Inspections.--Within 1 year after the
date of enactment of this Act, the Secretary of Homeland
Security shall require that the percentage of cargo screened
or inspected is at least two-fold the percentage that is
screened or inspected as of September 30, 2004.
(c) All-Cargo Aircraft Security.--Subchapter I of chapter
449, United States Code, is amended by adding at the end the
following:
``Sec. 44925. All-cargo aircraft security.
``(a) Access to Flight Deck.--Within 180 days after the
date of enactment of this Act, the Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, shall--
``(1) issue an order (without regard to the provisions of
chapter 5 of title 5)--
``(A) requiring, to the extent consistent with engineering
and safety standards, that all-cargo aircraft operators
engaged in air transportation or intrastate air
transportation maintain a barrier, which may include the use
of a hardened cockpit door, between the aircraft flight deck
and the aircraft cargo compartment sufficient to prevent
unauthorized access to the flight deck from the cargo
compartment, in accordance with the terms of a plan presented
to and accepted by the Administrator of the Transportation
Security Administration in consultation with the Federal
Aviation Administrator; and
``(B) prohibiting the possession of a key to a flight deck
door by any member of the flight crew who is not assigned to
the flight deck; and
``(2) take such other action, including modification of
safety and security procedures and flight deck redesign, as
may be necessary to ensure the safety and security of the
flight deck.
``(b) Screening and Other Measures.--Within 1 year after
the date of enactment of this Act, the Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, shall issue an order
(without regard to the provisions of chapter 5 of title 5)
requiring--
``(1) all-cargo aircraft operators engaged in air
transportation or intrastate air transportation to physically
screen each person, and that person's baggage and personal
effects, to be transported on an all-cargo aircraft engaged
in air transportation or intrastate air transportation;
``(2) each such aircraft to be physically searched before
the first leg of the first flight of the aircraft each day,
or, for inbound international operations, at aircraft
operator's option prior to the departure of any such flight
for a point in the United States; and
``(3) each such aircraft that is unattended overnight to be
secured or sealed or to have access stairs, if any, removed
from the aircraft.
``(c) Alternative Measures.--The Administrator of the
Transportation Security Administration, in coordination with
the Federal Aviation Administrator, may authorize alternative
means of compliance with any requirement imposed under this
section.''.
(d) Conforming Amendment.--The subchapter analysis for
subchapter I of chapter 449, United States Code, is amended
by adding at the end the following:
``44925. All-cargo aircraft security.''.
SEC. --08. EXPLOSIVE DETECTION SYSTEMS.
(a) In-Line Placement of Explosive-Detection Equipment.--
Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security shall establish a schedule for
replacing trace-detection equipment used for in-line
baggage screening purposes as soon as practicable where
appropriate with explosive detection system equipment. The
Secretary shall notify the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure of the schedule and provide an estimate of
the impact of replacing such equipment, facility
modification and baggage conveyor placement, on aviation
security-related staffing needs and levels.
(b) Next Generation EDS.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration
$100,000,000, in addition to any amounts otherwise authorized
by law, for the purpose of research and development of next
generation explosive detection systems for aviation security
under section 44913 of title 49, United States Code. The
Secretary shall develop a plan and guidelines for
implementing improved explosive detection system equipment.
(c) Portal Detection Systems.--There are authorized to be
appropriated to the Secretary of Homeland Security for the
use of the Transportation Security Administration
$250,000,000, in addition to any amounts otherwise authorized
by law, for research and development and installation of
portal detection systems or similar devices for the detection
of biological, radiological, and explosive materials. The
Secretary of Homeland Security shall establish a pilot
program at not more than 10 commercial service airports to
evaluate the use of such systems.
(d) Reports.--The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on research and development
projects funded under subsection (b) or (c), and the pilot
program established under subsection (c), including cost
estimates for each phase of such projects and total project
costs.
SEC. --09. AIR MARSHAL PROGRAM.
(a) Cross-Training.--The Secretary of Homeland Security
shall transmit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the
potential for cross-training of individuals who serve as air
marshals and on the need for providing contingency funding
for air marshal operations.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for the use of Inspections and Customs Enforcement,
in addition to any amounts otherwise authorized by law, for
the deployment of Federal Air Marshals under section 44917 of
title 49, United States Code, $83,000,000 for the 3 fiscal
year period beginning with fiscal year 2005, such sums to
remain available until expended.
SEC. --10. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure a report on the present system for addressing
lost, stolen, damaged, or pilfered baggage claims relating to
air transportation security screening procedures. The report
shall include--
(1) information concerning the time it takes to settle such
claims under the present system;
(2) a comparison and analysis of the number, frequency, and
nature of such claims before and after enactment of the
Aviation and Transportation Security Act using data provided
by the major United States airlines; and
(3) recommendations on how to improve the involvement and
participation of the airlines in the baggage screening and
handling processes and better coordinate the activities of
Federal baggage screeners with airline operations.
SEC. --11. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY
INFORMATION SHARING RECOMMENDATIONS.
Within 30 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the
heads of Federal departments and agencies concerned, shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on implementation
of recommendations contained in the General Accounting
Office's report titled ``Homeland Security: Efforts To
Improve Information Sharing Need To Be Strengthened'' (GAO-
03-760), August, 2003.
SEC. --12. AVIATION SECURITY RESEARCH AND DEVELOPMENT.
(a) Biometrics.--There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the
Transportation Security Administration $20,000,000, in
addition to any amounts otherwise authorized by law, for
research and development of
[[Page S10387]]
biometric technology applications to aviation security.
(b) Biometrics Centers of Excellence.--There are authorized
to be appropriated to the Secretary of Homeland Security for
the use of the Transportation Security Administration
$1,000,000, in addition to any amounts otherwise authorized
by law, for the establishment of competitive centers of
excellence at the national laboratories.
SEC. --13. PERIMETER ACCESS TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
Homeland Security $100,000,000 for airport perimeter security
technology, fencing, security contracts, vehicle tagging, and
other perimeter security related operations, facilities, and
equipment, such sums to remain available until expended.
SEC. --14. BEREAVEMENT FARES.
(a) In General.--Chapter 415 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 41512. Bereavement fares.
``Air carriers shall offer, with appropriate documentation,
bereavement fares to the public for air transportation in
connection with the death of a relative or other relationship
(as determined by the air carrier) and shall make such fares
available, to the greatest extent practicable, at the lowest
fare offered by the air carrier for the flight for which the
bereavement fare is requested.''.
(b) Conforming Amendment.--The chapter analysis for chapter
415 is amended by inserting after the item relating to
section 41511 the following:
``41512. Bereavement fares''.
SEC. --15. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this
Act, the Transportation Security Administration shall
complete a review of its Prohibited Items List, set forth in
49 C.F.R. 1540, and release a revised list that--
(1) prohibits passengers from carrying butane lighters
onboard passenger aircraft; and
(2) modifies the Prohibited Items List in such other ways
as the agency may deem appropriate.
SEC. --16. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE
THREAT OF MAN-PORTABLE AIR DEFENSE SYSTEMS.
(a) Requirement.--The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and
Technology, shall prepare a report on protecting commercial
aircraft from the threat of man-portable air defense systems
(referred to in this section as ``MANPADS'').
(b) Content.--The report required by subsection (a) shall
include the following:
(1) An estimate of the number of organizations, including
terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft
from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility of
the systems to protect commercial aircraft under
consideration by the Under Secretary for Science and
Technology for use in phase II of the counter-MANPADS
development and demonstration program.
(4) A justification for the schedule of the implementation
of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other technology
that could be employed on commercial aircraft to address the
threat posed by MANPADS, including such technology that is--
(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other countries.
(6) An assessment of alternate technological approaches to
address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of
technology or systems on commercial aircraft to address such
threat.
(8) A description of the strategies that the Secretary may
employ to acquire any technology or systems selected for use
on commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program,
including--
(A) a schedule for purchasing and installing such
technology or systems on commercial aircraft; and
(B) a description of--
(i) the priority in which commercial aircraft will be
equipped with such technology or systems;
(ii) any efforts to coordinate the schedules for installing
such technology or system with private airlines;
(iii) any efforts to ensure that aircraft manufacturers
integrate such technology or systems into new aircraft; and
(iv) the cost to operate and support such technology or
systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address the
threat posed by MANPADS if intelligence or events indicate
that the schedule for the use of such technology or systems,
including the schedule for carrying out development and
demonstration programs by the Secretary, should be expedited.
(10) A description of the efforts of the Secretary to
survey and identify the areas at domestic and foreign
airports where commercial aircraft are most vulnerable to
attack by MANPADS.
(11) A description of the cooperation between the Secretary
and the Administrator of the Federal Aviation Administration
to certify the airworthiness and safety of technology and
systems to protect commercial aircraft from the risk posed by
MANPADS in an expeditious manner.
(c) Transmission to Congress.--The report required by
subsection (a) shall be transmitted to Congress along with
the budget for fiscal year 2006 submitted by the President
pursuant to section 1105(a) of title 31, United States Code.
SEC. --17. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC
EXPLOSIVES.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall provide to the
Senate Committee on Commerce, Science, and Transportation a
report on the current status of efforts, and the additional
needs, regarding passenger and carry-on baggage screening
equipment at United States airports to detect explosives,
including in chemical and plastic forms. The report shall
include the cost of and timetable for installing such
equipment and any recommended legislative actions.
SEC. --18. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.
Not later than 90 days after the date of enactment of this
Act, and every 90 days thereafter, the Secretary of Homeland
Security shall provide to the Senate Committee on Commerce,
Science, and Transportation a classified report on the number
of individuals serving only as sworn Federal air marshals.
Such report shall include the number of Federal air marshals
who are women, minorities, or employees of departments or
agencies of the United States Government other than the
Department of Homeland Security, the percentage of domestic
and international flights that have a Federal air marshal
aboard, and the rate at which individuals are leaving service
as Federal air marshals.
SEC. --19. SECURITY OF AIR MARSHAL IDENTITY.
(a) In General.--The Secretary of the Department of
Homeland Security shall designate individuals and parties to
whom Federal air marshals shall be required to identify
themselves.
(b) Prohibition.--Notwithstanding any other provision of
law, no procedure, guideline, rule, regulation, or other
policy shall expose the identity of an air marshal to anyone
other than those designated by the Secretary under subsection
(a).
SEC. --20. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE
HANDLING AREAS.
(a) In General.--The Under Secretary of Homeland Security
for Border Transportation and Security shall provide
assistance, subject to the availability of funds, to public
airports that have baggage handling areas that are not open
to public view in the acquisition and installation of
security monitoring cameras for surveillance of such areas in
order to deter theft from checked baggage and to aid in the
speedy resolution of liability claims against the
Transportation Security Administration.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
fiscal year 2005 such sums as may be necessary to carry out
this section, such sums to remain available until expended.
SEC. --21. EFFECTIVE DATE.
Notwithstanding any other provision of this act, this title
takes effect on the date of enactment of this Act.
amendment no. 3768, as further modified
At the appropriate place, insert the following new section:
SEC. __. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN
THE OFFICE OF FOREIGN ASSETS CONTROL.
(a) Requirement for Annual Report.--Not later than 180 days
after the date of enactment of this Act, and annually
thereafter, the Secretary of the Treasury shall submit to
Congress a report on the allocation of resources within the
Office of Foreign Assets Control.
(b) Content of Annual Report.--An annual report required by
subsection (a) shall include--
(1) a description of--
(A) the allocation of resources within the Office of
Foreign Assets Control to enforce the economic and trade
sanctions of the United States against terrorist
organizations and targeted foreign countries during the
fiscal year prior to the fiscal year in which such report is
submitted; and
(B) the criteria on which such allocation is based;
(2) a description of any proposed modifications to such
allocation; and
(3) an explanation for any such allocation that is not
based on prioritization of threats determined using
appropriate criteria, including the likelihood that--
(A) a terrorist organization or targeted foreign country--
(i) will sponsor or plan a direct attack against the United
States or the interests of the United States; or
(ii) is participating in or maintaining a nuclear,
biological, or chemical weapons development program; or
[[Page S10388]]
(B) a targeted foreign country--
(i) is financing, or allowing the financing, of a terrorist
organization within such country; or
(ii) is providing safe haven to a terrorist organization
within such country.
(c) 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.
Mr. BAUCUS. Mr. President, this amendment goes to the heart of our
debate over the structure and purpose of the U.S. intelligence
community. My amendment addresses the allocation of resources at
Treasury's Office of Foreign Assets Control, or OFAC.
Much of our attention has focused on the creation of a new,
independent office to oversee our intelligence activities. Often lost
in this debate are the details about many of the smaller, lesser known
Federal agencies whose efforts are essential to our national security.
Even though many people don't know who they are, OFAC is one of our
most powerful weapons in the war on terrorism, because it is charged
with tracking down and identifying the international sources of
terrorist financing.
Unfortunately, OFAC is also tasked with administration of the Cuba
travel ban. As we all know, U.S. policy toward Cuba is a highly
emotional and divisive issue. Still, I would doubt that anyone
seriously thinks that travel by Americans to Cuba poses a larger or
more serious threat to U.S. interests than al-Qaida or the insurgents
in Iraq, or Syria, Iran or North Korea.
My colleagues might be surprised and disturbed, then, to learn that--
at the direction of the State Department--OFAC diverts more of its
personnel resources to imposition of the Cuba travel ban than to any
other country or project-specific issue.
According to their records, the equivalent of 21 full-time OFAC
employees are allocated to the Cuba travel ban. On the other hand, only
16 are allocated to the search al-Qaida's financial sources of support.
Less than 15 full-time employee resources are spent on the former
Iraq regime and its insurgents, and less than 14 are spent on Iran.
Less than 10 are allocated to Syria, Sudan, and Libya combined.
Afghanistan doesn't even merit one full-time employee--it receives the
attention of roughly 2/3 of one full-time OFAC employee. North Korea
only gets \1/3\.
In other words, more OFAC personnel resources are spent on the effort
to prevent Americans from vacationing in Cuba than are spent to track
down and shut off the sources of funds used by al-Qaida to carry out
terrorist activities.
This is an appalling diversion of our resources. If we hope to defeat
the disparate threats arrayed against U.S. interests--both here at home
and abroad--we must dedicate our attention to the real dangers
confronting us around the world. Wisely allocating our resources will
better ensure our success.
The amendment I offer addresses this imbalance by requiring an annual
report from OFAC on how it allocates its resources and the criteria it
uses to make those resource decisions. It also outlines criteria that
ought to be considered when prioritizing the threats posed by different
countries and groups. Among these criteria are the likelihood that a
country or organization is: planning or sponsoring a direct attack on
U.S. interests; participating in a nuclear, biological, or chemical
weapons development program; financing or allowing the financing of
terrorists; or providing a safe haven to terrorists.
Colleagues, this is an issue of the highest importance. My amendment
simply asks for common sense in the allocation of our limited
resources. We cannot expect to win the war on terrorism if we refuse to
dedicate our full and focused efforts to fighting it. In this time of
crisis, the American people expect us to lead with vision and clarity.
My amendment offers this.
I see no credible reason why OFAC should waste precious resources
creating bureaucratic red tape for Montana producers who just want to
negotiate legal agricultural sales to Cuba. Instead, OFAC should focus
its resources where they are more urgently needed: on shutting down the
financial networks of al-Qaida and other more serious threats to U.S.
interests. That is why the Chairman of the Intelligence Committee
supports this amendment, and that is why the American Farm Bureau
Federation and the National Foreign Trade Council support this
amendment.
I take this opportunity to thank Senator Collins and Senator
Lieberman, the chairwoman and ranking member managing this bill, and
their staff, for all of their hard work on the Baucus-Roberts-Craig
amendment.
The PRESIDENT pro tempore. The Senator from New Mexico is recognized.
There is no further time remaining on the majority side. The minority
has until 9:40 a.m.
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