[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.

                          ____________________