[Congressional Record (Bound Edition), Volume 148 (2002), Part 10]
[Extensions of Remarks]
[Pages 14150-14156]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4628

                       Offered By: Mr. Chambliss

       Amendment No. 3: At the end (page 30, after line 7), add 
     the following new title:

                     TITLE VI--INFORMATION SHARING

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Homeland Security 
     Information Sharing Act''.

     SEC. 602. FINDINGS AND SENSE OF CONGRESS.

       (a) Findings.--The Congress finds the following:
       (1) The Federal Government is required by the Constitution 
     to provide for the common defense, which includes terrorist 
     attack.
       (2) The Federal Government relies on State and local 
     personnel to protect against terrorist attack.
       (3) The Federal Government collects, creates, manages, and 
     protects classified and sensitive but unclassified 
     information to enhance homeland security.
       (4) Some homeland security information is needed by the 
     State and local personnel to prevent and prepare for 
     terrorist attack.
       (5) The needs of State and local personnel to have access 
     to relevant homeland security information to combat terrorism 
     must be reconciled with the need to preserve the protected 
     status of such information and to protect the sources and 
     methods used to acquire such information.
       (6) Granting security clearances to certain State and local 
     personnel is one way to facilitate the sharing of information 
     regarding specific terrorist threats among Federal, State, 
     and local levels of government.
       (7) Methods exist to declassify, redact, or otherwise adapt 
     classified information so it may be shared with State and 
     local personnel without the need for granting additional 
     security clearances.
       (8) State and local personnel have capabilities and 
     opportunities to gather information on suspicious activities 
     and terrorist threats not possessed by Federal agencies.
       (9) The Federal Government and State and local governments 
     and agencies in other jurisdictions may benefit from such 
     information.
       (10) Federal, State, and local governments and 
     intelligence, law enforcement, and other emergency 
     preparation and response agencies must act in partnership to 
     maximize the benefits of information gathering and analysis 
     to prevent and respond to terrorist attacks.
       (11) Information systems, including the National Law 
     Enforcement Telecommunications System and the Terrorist 
     Threat Warning System, have been established for rapid 
     sharing of classified and sensitive but unclassified 
     information among Federal, State, and local entities.
       (12) Increased efforts to share homeland security 
     information should avoid duplicating existing information 
     systems.
       (b) Sense of Congress.--It is the sense of Congress that 
     Federal, State, and local entities should share homeland 
     security information to the maximum extent practicable, with 
     special emphasis on hard-to-reach urban and rural 
     communities.

     SEC. 603. FACILITATING HOMELAND SECURITY INFORMATION SHARING 
                   PROCEDURES.

       (a) Procedures for Determining Extent of Sharing of 
     Homeland Security Information.--
       (1) The President shall prescribe and implement procedures 
     under which relevant Federal agencies determine--
       (A) whether, how, and to what extent homeland security 
     information may be shared with appropriate State and local 
     personnel, and with which such personnel it may be shared;
       (B) how to identify and safeguard homeland security 
     information that is sensitive but unclassified; and
       (C) to the extent such information is in classified form, 
     whether, how, and to what extent to remove classified 
     information, as appropriate, and with which such personnel it 
     may be shared after such information is removed.
       (2) The President shall ensure that such procedures apply 
     to all agencies of the Federal Government.
       (3) Such procedures shall not change the substantive 
     requirements for the classification and safeguarding of 
     classified information.
       (4) Such procedures shall not change the requirements and 
     authorities to protect sources and methods.

[[Page 14151]]

       (b) Procedures for Sharing of Homeland Security 
     Information.--
       (1) Under procedures prescribed by the President, all 
     appropriate agencies, including the intelligence community, 
     shall, through information sharing systems, share homeland 
     security information with appropriate State and local 
     personnel to the extent such information may be shared, as 
     determined in accordance with subsection (a), together with 
     assessments of the credibility of such information.
       (2) Each information sharing system through which 
     information is shared under paragraph (1) shall--
       (A) have the capability to transmit unclassified or 
     classified information, though the procedures and recipients 
     for each capability may differ;
       (B) have the capability to restrict delivery of information 
     to specified subgroups by geographic location, type of 
     organization, position of a recipient within an organization, 
     or a recipient's need to know such information;
       (C) be configured to allow the efficient and effective 
     sharing of information; and
       (D) be accessible to appropriate State and local personnel.
       (3) The procedures prescribed under paragraph (1) shall 
     establish conditions on the use of information shared under 
     paragraph (1)--
       (A) to limit the redissemination of such information to 
     ensure that such information is not used for an unauthorized 
     purpose;
       (B) to ensure the security and confidentiality of such 
     information;
       (C) to protect the constitutional and statutory rights of 
     any individuals who are subjects of such information; and
       (D) to provide data integrity through the timely removal 
     and destruction of obsolete or erroneous names and 
     information.
       (4) The procedures prescribed under paragraph (1) shall 
     ensure, to the greatest extent practicable, that the 
     information sharing system through which information is 
     shared under such paragraph include existing information 
     sharing systems, including, but not limited to, the National 
     Law Enforcement Telecommunications System, the Regional 
     Information Sharing System, and the Terrorist Threat Warning 
     System of the Federal Bureau of Investigation.
       (5) Each appropriate Federal agency, as determined by the 
     President, shall have access to each information sharing 
     system through which information is shared under paragraph 
     (1), and shall therefore have access to all information, as 
     appropriate, shared under such paragraph.
       (6) The procedures prescribed under paragraph (1) shall 
     ensure that appropriate State and local personnel are 
     authorized to use such information sharing systems--
       (A) to access information shared with such personnel; and
       (B) to share, with others who have access to such 
     information sharing systems, the homeland security 
     information of their own jurisdictions, which shall be marked 
     appropriately as pertaining to potential terrorist activity.
       (7) Under procedures prescribed jointly by the Director of 
     Central Intelligence and the Attorney General, each 
     appropriate Federal agency, as determined by the President, 
     shall review and assess the information shared under 
     paragraph (6) and integrate such information with existing 
     intelligence.
       (c) Sharing of Classified Information and Sensitive but 
     Unclassified Information With State and Local Personnel.--
       (1) The President shall prescribe procedures under which 
     Federal agencies may, to the extent the President considers 
     necessary, share with appropriate State and local personnel 
     homeland security information that remains classified or 
     otherwise protected after the determinations prescribed under 
     the procedures set forth in subsection (a).
       (2) It is the sense of Congress that such procedures may 
     include one or more of the following means:
       (A) Carrying out security clearance investigations with 
     respect to appropriate State and local personnel.
       (B) With respect to information that is sensitive but 
     unclassified, entering into nondisclosure agreements with 
     appropriate State and local personnel.
       (C) Increased use of information-sharing partnerships that 
     include appropriate State and local personnel, such as the 
     Joint Terrorism Task Forces of the Federal Bureau of 
     Investigation, the Anti-Terrorism Task Forces of the 
     Department of Justice, and regional Terrorism Early Warning 
     Groups.
       (d) Responsible Officials.--For each affected Federal 
     agency, the head of such agency shall designate an official 
     to administer this Act with respect to such agency.
       (e) Federal Control of Information.--Under procedures 
     prescribed under this section, information obtained by a 
     State or local government from a Federal agency under this 
     section shall remain under the control of the Federal agency, 
     and a State or local law authorizing or requiring such a 
     government to disclose information shall not apply to such 
     information.
       (f) Definitions.--As used in this section:
       (1) The term ``homeland security information'' means any 
     information (other than information that includes 
     individually identifiable information collected solely for 
     statistical purposes) possessed by a Federal, State, or local 
     agency that--
       (A) relates to the threat of terrorist activity;
       (B) relates to the ability to prevent, interdict, or 
     disrupt terrorist activity;
       (C) would improve the identification or investigation of a 
     suspected terrorist or terrorist organization; or
       (D) would improve the response to a terrorist act.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       (3) The term ``State and local personnel'' means any of the 
     following persons involved in prevention, preparation, or 
     response for terrorist attack:
       (A) State Governors, mayors, and other locally elected 
     officials.
       (B) State and local law enforcement personnel and 
     firefighters.
       (C) Public health and medical professionals.
       (D) Regional, State, and local emergency management agency 
     personnel, including State adjutant generals.
       (E) Other appropriate emergency response agency personnel.
       (F) Employees of private-sector entities that affect 
     critical infrastructure, cyber, economic, or public health 
     security, as designated by the Federal government in 
     procedures developed pursuant to this section.
       (4) The term ``State'' includes the District of Columbia 
     and any commonwealth, territory, or possession of the United 
     States.

     SEC. 604. REPORT.

       (a) Report Required.--Not later than 12 months after the 
     date of the enactment of this Act, the President shall submit 
     to the congressional committees specified in subsection (b) a 
     report on the implementation of section 603. The report shall 
     include any recommendations for additional measures or 
     appropriation requests, beyond the requirements of section 
     603, to increase the effectiveness of sharing of information 
     between and among Federal, State, and local entities.
       (b) Specified Congressional Committees.--The congressional 
     committees referred to in subsection (a) are the following 
     committees:
       (1) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (2) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.

     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out section 603.

     SEC. 606. AUTHORITY TO SHARE GRAND JURY INFORMATION.

       Rule 6(e) of the Federal Rules of Criminal Procedure is 
     amended--
       (1) in paragraph (2), by inserting ``, or of guidelines 
     jointly issued by the Attorney General and Director of 
     Central Intelligence pursuant to Rule 6,'' after ``Rule 6''; 
     and
       (2) in paragraph (3)--
       (A) in subparagraph (A)(ii), by inserting ``or of a foreign 
     government'' after ``(including personnel of a state or 
     subdivision of a state'';
       (B) in subparagraph (C)(i)--
       (i) in subclause (I), by inserting before the semicolon the 
     following: ``or, upon a request by an attorney for the 
     government, when sought by a foreign court or prosecutor for 
     use in an official criminal investigation'';
       (ii) in subclause (IV)--

       (I) by inserting ``or foreign'' after ``may disclose a 
     violation of State'';
       (II) by inserting ``or of a foreign government'' after ``to 
     an appropriate official of a State or subdivision of a 
     State''; and
       (III) by striking ``or'' at the end;

       (iii) by striking the period at the end of subclause (V) 
     and inserting ``; or''; and
       (iv) by adding at the end the following:
       ``(VI) when matters involve a threat of actual or potential 
     attack or other grave hostile acts of a foreign power or an 
     agent of a foreign power, domestic or international sabotage, 
     domestic or international terrorism, or clandestine 
     intelligence gathering activities by an intelligence service 
     or network of a foreign power or by an agent of a foreign 
     power, within the United States or elsewhere, to any 
     appropriate federal, state, local, or foreign government 
     official for the purpose of preventing or responding to such 
     a threat.''; and
       (C) in subparagraph (C)(iii)--
       (i) by striking ``Federal'';
       (ii) by inserting ``or clause (i)(VI)'' after ``clause 
     (i)(V)''; and
       (iii) by adding at the end the following: ``Any state, 
     local, or foreign official who receives information pursuant 
     to clause (i)(VI) shall use that information only consistent 
     with such guidelines as the Attorney General and Director of 
     Central Intelligence shall jointly issue.''.

     SEC. 607. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL 
                   INTERCEPTION INFORMATION.

       Section 2517 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(7) Any investigative or law enforcement officer, or 
     other Federal official in carrying out official duties, who 
     by any means authorized by this chapter, has obtained

[[Page 14152]]

     knowledge of the contents of any wire, oral, or electronic 
     communication, or evidence derived therefrom, may disclose 
     such contents or derivative evidence to a foreign 
     investigative or law enforcement officer to the extent that 
     such disclosure is appropriate to the proper performance of 
     the official duties of the officer making or receiving the 
     disclosure, and foreign investigative or law enforcement 
     officers may use or disclose such contents or derivative 
     evidence to the extent such use or disclosure is appropriate 
     to the proper performance of their official duties.
       ``(8) Any investigative or law enforcement officer, or 
     other Federal official in carrying out official duties, who 
     by any means authorized by this chapter, has obtained 
     knowledge of the contents of any wire, oral, or electronic 
     communication, or evidence derived therefrom, may disclose 
     such contents or derivative evidence to any appropriate 
     Federal, State, local, or foreign government official to the 
     extent that such contents or derivative evidence reveals a 
     threat of actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power, 
     domestic or international sabotage, domestic or international 
     terrorism, or clandestine intelligence gathering activities 
     by an intelligence service or network of a foreign power or 
     by an agent of a foreign power, within the United States or 
     elsewhere, for the purpose of preventing or responding to 
     such a threat. Any official who receives information pursuant 
     to this provision may use that information only as necessary 
     in the conduct of that person's official duties subject to 
     any limitations on the unauthorized disclosure of such 
     information, and any State, local, or foreign official who 
     receives information pursuant to this provision may use that 
     information only consistent with such guidelines as the 
     Attorney General and Director of Central Intelligence shall 
     jointly issue.''.

     SEC. 608. FOREIGN INTELLIGENCE INFORMATION.

       (a) Dissemination Authorized.--Section 203(d)(1) of the 
     Uniting and Strengthening America by Providing Appropriate 
     Tools Required to Intercept and Obstruct Terrorism Act (USA 
     PATRIOT ACT) of 2001 (Public Law 107-56; 50 U.S.C. 403-5d) is 
     amended by adding at the end the following: ``Consistent with 
     the responsibility of the Director of Central Intelligence to 
     protect intelligence sources and methods, and the 
     responsibility of the Attorney General to protect sensitive 
     law enforcement information, it shall be lawful for 
     information revealing a threat of actual or potential attack 
     or other grave hostile acts of a foreign power or an agent of 
     a foreign power, domestic or international sabotage, domestic 
     or international terrorism, or clandestine intelligence 
     gathering activities by an intelligence service or network of 
     a foreign power or by an agent of a foreign power, within the 
     United States or elsewhere, obtained as part of a criminal 
     investigation to be disclosed to any appropriate Federal, 
     State, local, or foreign government official for the purpose 
     of preventing or responding to such a threat. Any official 
     who receives information pursuant to this provision may use 
     that information only as necessary in the conduct of that 
     person's official duties subject to any limitations on the 
     unauthorized disclosure of such information, and any State, 
     local, or foreign official who receives information pursuant 
     to this provision may use that information only consistent 
     with such guidelines as the Attorney General and Director of 
     Central Intelligence shall jointly issue.''.
       (b) Conforming Amendments.--Section 203(c) of that Act is 
     amended--
       (1) by striking ``section 2517(6)'' and inserting 
     ``paragraphs (6) and (8) of section 2517 of title 18, United 
     States Code,''; and
       (2) by inserting ``and (VI)'' after ``Rule 
     6(e)(3)(C)(i)(V)''.

     SEC. 609. INFORMATION ACQUIRED FROM AN ELECTRONIC 
                   SURVEILLANCE.

       Section 106(k)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1806) is amended by inserting after 
     ``law enforcement officers'' the following: ``or law 
     enforcement personnel of a State or political subdivision of 
     a State (including the chief executive officer of that State 
     or political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)''.

     SEC. 610. INFORMATION ACQUIRED FROM A PHYSICAL SEARCH.

       Section 305(k)(1) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1825) is amended by inserting after 
     ``law enforcement officers'' the following: ``or law 
     enforcement personnel of a State or political subdivision of 
     a State (including the chief executive officer of that State 
     or political subdivision who has the authority to appoint or 
     direct the chief law enforcement officer of that State or 
     political subdivision)''.

                               H.R. 4628

                         Offered By: Mr. Engel

       Amendment No. 4: At the end of title III (page 21, after 
     line 11), insert the following new section:

     SEC. 311. LIMITATIONS ON ASSISTANCE TO THE PALESTINIAN 
                   SECURITY SERVICES.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by adding at the end 
     the following new section:


    ``limitations on assistance to the palestinian security services

       ``Sec. 118. (a) Prohibition on Lethal Assistance.--
     Notwithstanding any other provision of law, no assistance in 
     the form of lethal military equipment may be provided, either 
     directly or indirectly, by any element of the intelligence 
     community to the security services of the Palestinian 
     Authority, or to any officials, employees or members thereof.
       ``(b) Requirements for Other Forms of Assistance.--With 
     respect to forms of assistance other than the provision of 
     lethal military equipment, provided by any element of the 
     intelligence community to the security services of the 
     Palestinian Authority, or to any officials, employees or 
     members thereof, such assistance may only be provided if the 
     assistance is designed to--
       ``(1) reduce the number of security services of the 
     Palestinian Authority to no more than two; and
       ``(2) reform such security services so that its officials, 
     employees, and members--
       ``(A) respect the rule of law and human rights;
       ``(B) no longer fall under the command of, or report to, 
     Yasir Arafat; and
       ``(C) are not compromised by, and will not support, 
     terrorism.
       ``(c) Quarterly Reports on Assistance Provided Since 
     1993.--(1) Not later than 3 months after the date of the 
     enactment of this section, the Director of Central 
     Intelligence shall submit to the appropriate committees of 
     Congress a report that describes all forms of assistance that 
     have been provided to the security services of the 
     Palestinian Authority since the date on which the Declaration 
     of Principles was signed, including the dates on which such 
     assistance was provided and whether any member of the 
     security services of the Palestinian Authority who received 
     any such assistance has committed an act of terrorism.
       ``(2) After the submittal of the report under paragraph 
     (1), the Director of Central Intelligence shall submit to the 
     appropriate committees of Congress quarterly reports on the 
     forms of assistance under paragraph (1) provided during the 
     preceding calendar quarter and progress toward--
       ``(A) reducing the number of security services of the 
     Palestinian Authority to no more than two;
       ``(B) ensuring that officials, employees, and members of 
     such security services are not compromised by, and will not 
     support, terrorism;
       ``(C) reforming the security services of the Palestinian 
     Authority so that they respect the rule of law and human 
     rights; and
       ``(D) ensuring that the security services of the 
     Palestinian Authority are no longer under the control of 
     Yasir Arafat.
       ``(3) Reports shall be submitted in unclassified form, but 
     may include a classified annex.
       ``(d) Definitions.--In this section--
       ``(1) the term `lethal military equipment' has the meaning 
     given the term for purposes of the Foreign Assistance Act of 
     1961; and
       ``(2) the term ``appropriate committees of Congress'' means 
     the Permanent Select Committee on Intelligence and the 
     Committee on International Relations of the House of 
     Representatives and the Select Committee on Intelligence and 
     the Committee on Foreign Relations of the Senate.''.
       (b) Clerical Amendment.--The table of contents for the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 117 the following new item:
``Sec. 118. Limitations on assistance to the security services of the 
              Palestinian Authority.''.

                               H.R. 4628

                          Offered By: Mr. Goss

       Amendment No. 5: At the end of title I (page 9, after line 
     4), insert the following new section:

     SEC. 106. LIMITATION ON USE ON CERTAIN APPROPRIATIONS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       (a) In General.--Subject to subsection (b), the amounts 
     requested for the Defense Emergency Response Fund that are 
     designated for the incremental costs of intelligence and 
     intelligence-related activities for the war on terrorism may 
     only be obligated or expended for the intelligence and 
     intelligence-related activities specified in the letter dated 
     July 19, 2002 of the Deputy Director for Central Intelligence 
     to the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (b) Limitations.--The amounts referred to in subsection 
     (a)--
       (1) may only be obligated or expended for activities 
     directly related to identifying, responding to, or protecting 
     against acts or threatened acts of terrorism;
       (2) may not be obligated or expended to correct 
     programmatic or fiscal deficiencies in major acquisition 
     programs which have not achieved initial operational 
     capabilities within two years of the date of the enactment of 
     this Act; and
       (3) may not be obligated or expended until the end of the 
     10-day period that begins on the date notice is provided to 
     the Select Committee on Intelligence and the Committee on 
     Appropriations of the Senate and

[[Page 14153]]

     the Permanent Select Committee on Intelligence and the 
     Committee on Appropriations of the House of Representatives.

                               H.R. 4628

                  Offered By: Mr. Hastings of Florida

       Amendment No. 6: At the end of the title III (page 21, 
     after line 11), insert the following new section:

     SEC. 311. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF 
                   INTELLIGENCE COMMUNITY AGENCIES.

       (a) Findings.--Congress finds the following:
       (1) The United States is engaged in a war against terrorism 
     that requires the active participation of the intelligence 
     community.
       (2) Certain intelligence agencies, among them the Federal 
     Bureau of Investigation and the Central Intelligence Agency, 
     have announced that they will be hiring several hundred new 
     agents to help conduct the war on terrorism.
       (3) Former Directors of the Federal Bureau of 
     Investigation, the Central Intelligence Agency, the National 
     Security Agency, and the Defense Intelligence Agency have 
     stated that a more diverse intelligence community would be 
     better equipped to gather and analyze information on diverse 
     communities.
       (4) The Central Intelligence Agency and the National 
     Security Agency were authorized to establish an undergraduate 
     training program for the purpose of recruiting and training 
     minority operatives in 1987.
       (5) The Defense Intelligence Agency was authorized to 
     establish an undergraduate training program for the purpose 
     of recruiting and training minority operatives in 1988.
       (6) The National Imagery and Mapping Agency was authorized 
     to establish an undergraduate training program for the 
     purpose of recruiting and training minority operatives in 
     2000.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Director of the Federal Bureau of Investigation 
     (with respect to the intelligence and intelligence-related 
     activities of the Bureau), the Director of Central 
     Intelligence, the Director of the National Security Agency, 
     and the Director of the Defense Intelligence Agency should 
     make the creation of a more diverse workforce a priority in 
     hiring decisions; and
       (2) the Director of Central Intelligence, the Director of 
     National Security Agency, the Director of Defense 
     Intelligence Agency, and the Director of National Imagery and 
     Mapping Agency should increase their minority recruitment 
     efforts through the undergraduate training program provided 
     for under law.

                               H.R. 4628

                  Offered By: Mr. Hastings of Florida

       Amendment No. 7: At the end of title III (page 21, after 
     line 11), insert the following new section:

     SEC. 311. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY 
                   EMPLOYEES IN THE INTELLIGENCE COMMUNITY.

         Section 114 of the National Security Act of 1947 (50 
     U.S.C. 404i) is amended--
         (1) by redesignating subsection (c) as subsection (d); 
     and
         (2) by inserting after subsection (b) the following new 
     subsection:
         ``(c) Annual Report on Hiring and Retention of Minority 
     Employees.--(1) The Director of Central Intelligence shall, 
     on an annual basis, submit to Congress a report on the 
     employment of covered persons within each element of the 
     intelligence community for the preceding fiscal year.
         ``(2) Each such report shall include disaggregated data 
     by category of covered person from each element of the 
     intelligence community on the following:
         ``(A) Of all individuals employed in the element during 
     the fiscal year involved, the aggregate percentage of such 
     individuals who are covered persons.
         ``(B) Of all individuals employed in the element during 
     the fiscal year involved at the levels referred to in clauses 
     (i) and (ii), the percentage of covered persons employed at 
     such levels:
         ``(i) Positions at levels 1 through 15 of the General 
     Schedule.
         ``(ii) Positions at levels above GS-15.
         ``(C) Of individuals hired by the head of the element 
     involved during the fiscal year involved, the percentage of 
     such individuals who are covered persons.
         ``(3) Each such report shall be submitted in unclassified 
     form, but may contain a classified annex.
         ``(4) Nothing in this subsection shall be construed as 
     providing for the substitution of any similar report required 
     under another provision of law.
         ``(5) In this subsection, the term `covered persons' 
     means--
         ``(A) racial and ethnic minorities,
         ``(B) women, and
         ``(C) individuals with disabilities.''.

                               H.R. 4628

                         Offered By: Ms. Pelosi

       Amendment No. 8: Amend section 501 to read as follows:

     SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND COUNTERTERRORISM 
                   ACTIVITIES FOR COLOMBIA.

       (a) Authority.--Funds designated for intelligence or 
     intelligence-related purposes for assistance to the 
     Government of Colombia for counter-drug activities for fiscal 
     years 2002 and 2003, and any unobligated funds available to 
     any element of the intelligence community for such activities 
     for a prior fiscal year, shall be available to support a 
     unified campaign against narcotics trafficking and against 
     activities by organizations designated as terrorist 
     organizations (such as the Revolutionary Armed Forces of 
     Colombia (FARC), the National Liberation Army (ELN), and the 
     United Self-Defense Forces of Colombia (AUC)), and to take 
     actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations.
       (b) Requirement for Certification.--(1) The authorities 
     provided in subsection (a) shall not be exercised until the 
     Secretary of Defense certifies to the Congress that the 
     provisions of paragraph (2) have been complied with.
       (2) In order to ensure effectiveness of United States 
     support for such a unified campaign, prior to the exercise of 
     the authority contained in subsection (a), the Secretary of 
     State shall report to the appropriate committees of Congress 
     that the newly elected President of Colombia has--
       (A) committed, in writing, to establish comprehensive 
     policies to combat illicit drug cultivation, manufacturing, 
     and trafficking (particularly with respect to providing 
     economic opportunities that offer viable alternatives to 
     illicit crops) and to restore government authority and 
     respect for human rights in areas under the effective control 
     of paramilitary and guerrilla organizations;
       (B) committed, in writing, to implement significant 
     budgetary and personnel reforms of the Colombian Armed 
     Forces; and
       (C) committed, in writing, to support substantial 
     additional Colombian financial and other resources to 
     implement such policies and reforms, particularly to meet the 
     country's previous commitments under ``Plan Colombia''.
     In this paragraph, the term ``appropriate committees of 
     Congress'' means the Permanent Select Committee on 
     Intelligence and the Committee on Appropriations of the House 
     of Representatives and the Select Committee on Intelligence 
     and the Committee on Appropriations of the Senate.
       (c) Termination of Authority.--The authority provided in 
     subsection (a) shall cease to be effective if the Secretary 
     of Defense has credible evidence that the Colombian Armed 
     Forces are not conducting vigorous operations to restore 
     government authority and respect for human rights in areas 
     under the effective control of paramilitary and guerrilla 
     organizations.
       (d) Application of Certain Provisions of Law.--Sections 
     556, 567, and 568 of Public Law 107-115, section 8093 of the 
     Department of Defense Appropriations Act, 2002, and the 
     numerical limitations on the number of United States military 
     personnel and United States individual civilian contractors 
     in section 3204(b)(1) of Public Law 106-246 shall be 
     applicable to funds made available pursuant to the authority 
     contained in subsection (a).
       (e) Limitation on Participation of United States 
     Personnel.--No United States Armed Forces personnel or United 
     States civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available under this section, except for the 
     purpose of acting in self defense or rescuing any United 
     States citizen to include United States Armed Forces 
     personnel, United States civilian employees, and civilian 
     contractors employed by the United States.

                               H.R. 4628

                         Offered By: Mr. Roemer

       Amendment No. 9: At the end (page 30, after line 7), add 
     the following new title:

  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                STATES.

     SEC. 601. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on Terrorist 
     Attacks Upon the United States (in this title referred to as 
     the ``Commission'').

     SEC. 602. COMPOSITION OF THE COMMISSION.

       (a) Members.--Subject to the requirements of subsection 
     (b), the Commission shall be composed of 10 members, of 
     whom--
       (1) 3 members shall be appointed by the majority leader of 
     the Senate;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and
       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (b) Qualifications.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--No member of the 
     Commission shall be an officer or employee of the Federal 
     Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service and intelligence gathering.
       (c) Chairperson; Vice Chairperson.--

[[Page 14154]]

       (1) In general.--Subject to the requirement of paragraph 
     (2), the Chairperson and Vice Chairperson of the Commission 
     shall be elected by the members.
       (2) Political party affiliation.--The Chairperson and Vice 
     Chairperson shall not be from the same political party.
       (d) Initial Meeting.--If 60 days after the date of 
     enactment of this Act, 6 or more members of the Commission 
     have been appointed, those members who have been appointed 
     may meet and, if necessary, select a temporary Chairperson 
     and Vice Chairperson, who may begin the operations of the 
     Commission, including the hiring of staff.
       (e) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the Chairperson or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 603. FUNCTIONS OF THE COMMISSION.

       (a) In General.--The functions of the Commission are to--
       (1) review the implementation by the intelligence community 
     of the findings, conclusions, and recommendations of--
       (A) the Joint Inquiry of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives regarding the 
     terrorist attacks against the United States which occurred on 
     September 11, 2001;
       (B) other reports and investigations of the House Permanent 
     Select Committee on Intelligence of the House of 
     Representatives and the Senate Select Committee on 
     Intelligence of the Senate; and
       (C) other such executive branch, congressional, or 
     independent commission investigations of such the terrorist 
     attacks or the intelligence community;
       (2) make recommendations on additional actions for 
     implementation of the findings, recommendations and 
     conclusions referred to in paragraph (1);
       (3) review resource allocation and other prioritizations of 
     the intelligence community for counterterrorism and make 
     recommendations for such changes in those allocations and 
     prioritization to ensure that counterterrorism receives 
     sufficient attention and support from the intelligence 
     community;
       (4) review and recommend changes to the organization of the 
     intelligence community, in particular the division of 
     agencies under the jurisdiction of the Secretary of Defense 
     and the Director of Central Intelligence, the dual 
     responsibilities of the Director of Central Intelligence as 
     head of the intelligence community and as head of the Central 
     Intelligence Agency, and the separation of agencies with 
     responsibility for intelligence collection, analysis, and 
     dissemination; and
       (5) determine what technologies, procedures, and 
     capabilities are needed for the intelligence community to 
     effectively support and conduct future counterterrorism 
     missions, and recommend how these capabilities should be 
     developed, acquired, or both from entities outside the 
     intelligence community, including from private entities.
       (b) Definition of Intelligence Community.--In this section, 
     the term ``intelligence community'' means--
       (1) the Office of the Director of Central Intelligence, 
     which shall include the Office of the Deputy Director of 
     Central Intelligence and the National Intelligence Council;
       (2) the Central Intelligence Agency;
       (3) the National Security Agency;
       (4) the Defense Intelligence Agency;
       (5) the National Imagery and Mapping Agency
       (6) the National Reconnaissance Office;
       (7) other offices within the Department of Defense for the 
     collection of specialized national intelligence through 
     reconnaissance programs;
       (8) the intelligence elements of the Army, the Navy, the 
     Air Force, the Marine Corps, the Federal Bureau of 
     Investigation, the Department of the Treasury, the Department 
     of Energy, and the Coast Guard;
       (9) the Bureau of Intelligence and Research of the 
     Department of State; and
       (10) such other elements of any other department or agency 
     as are designated by the President, or designated jointly by 
     the Director of Central Intelligence and the head of the 
     department or agency concerned, as an element of the 
     intelligence community under section 3(4)(J) of the National 
     Security Act of 1947 (50 U.S.C. 401a(4)(J)).

     SEC. 604. POWERS OF THE COMMISSION.

       (a) Hearings and Evidence.--The Commission may, for 
     purposes of carrying out this title--
       (1) hold hearings, sit and act at times and places, take 
     testimony, receive evidence, and administer oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of witnesses and the production of books, records, 
     correspondence, memoranda, papers, and documents.
       (b) Subpoenas.--
       (1) Service.--Subpoenas issued under subsection (a)(2) may 
     be served by any person designated by the Commission.
       (2) Enforcement.--
       (A) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a)(2), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (B) Additional enforcement.--Sections 102 through 104 of 
     the Revised Statutes of the United States (2 U.S.C. 192 
     through 194) shall apply in the case of any failure of any 
     witness to comply with any subpoena or to testify when 
     summoned under authority of this section.
       (c) Closed Meetings.--Notwithstanding any other provision 
     of law which would require meetings of the Commission to be 
     open to the public, any portion of a meeting of the 
     Commission may be closed to the public if the President 
     determines that such portion is likely to disclose matters 
     that could endanger national security.
       (d) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (e) Information From Federal Agencies.--The Commission may 
     secure directly from any department, agency, or 
     instrumentality of the United States any information related 
     to any inquiry of the Commission conducted under this title. 
     Each such department, agency, or instrumentality shall, to 
     the extent authorized by law, furnish such information 
     directly to the Commission upon request.
       (f) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (g) Gifts.--The Commission may, to such extent and in such 
     amounts as are provided in appropriation Acts, accept, use, 
     and dispose of gifts or donations of services or property.
       (h) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (i) Powers of Subcommittees, Members, and Agents.--Any 
     subcommittee, member, or agent of the Commission may, if 
     authorized by the Commission, take any action which the 
     Commission is authorized to take by this section.

     SEC. 605. STAFF OF THE COMMISSION.

       (a) Director.--The Commission shall have a Director who 
     shall be appointed by the Chairperson and the Vice 
     Chairperson, acting jointly.
       (b) Staff.--The Chairperson, in consultation with the Vice 
     Chairperson, may appoint additional personnel as may be 
     necessary to enable the Commission to carry out its 
     functions.
       (c) Applicability of Certain Civil Service Laws.--The 
     Director and staff of the Commission may be appointed without 
     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and may be 
     paid 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. Any individual appointed under subsection (a) or 
     (b) shall be treated as an employee for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (d) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (e) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 606. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect 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 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in

[[Page 14155]]

     lieu of subsistence, in the same manner as persons employed 
     intermittently in the Government service are allowed expenses 
     under section 5703(b) of title 5, United States Code.

     SEC. 607. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate executive departments and agencies shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances in a manner consistent with existing procedures 
     and requirements, except that no person shall be provided 
     with access to classified information under this section who 
     would not otherwise qualify for such security clearance.

     SEC. 608. REPORTS OF THE COMMISSION; TERMINATION.

       (a) Initial Report.--Not later than 1 year after the date 
     of the first meeting of the Commission, the Commission shall 
     submit to the President and Congress an initial report 
     containing--
       (1) such findings, conclusions, and recommendations for 
     corrective measures as have been agreed to by a majority of 
     Commission members; and
       (2) such findings, conclusions, and recommendations 
     regarding the scope of jurisdiction of, and the allocation of 
     jurisdiction among, the committees of Congress with oversight 
     responsibilities related to the scope of the investigation of 
     the Commission as have been agreed to by a majority of 
     Commission members.
       (b) Final Report.--Not later than 6 months after the 
     submission of the initial report of the Commission, the 
     Commission shall submit to the President and Congress a final 
     report containing such updated findings, conclusions, and 
     recommendations described in paragraphs (1) and (2) of 
     subsection (a) as have been agreed to by a majority of 
     Commission members.
       (c) Noninterference With Congressional Joint Inquiry.--
     Notwithstanding subsection (a), the Commission shall not 
     submit any report of the Commission until a reasonable period 
     after the conclusion of the Joint Inquiry of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives regarding the terrorist attacks against the 
     United States which occurred on September 11, 2001.
       (d) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.

     SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out this title $3,000,000, to remain available until 
     expended.

                               H.R. 5005

                        Offered By: Mr. Bereuter

       Amendment No. 1: At the end of section 201, insert the 
     following:
       (9) Participate and otherwise coordinate with the 
     intelligence community in the tasking or establishment of 
     priorities for the collection of foreign intelligence 
     important for homeland security by those elements of the 
     intelligence community authorized to undertake such 
     collection.
       Amend section 212(a)(2) to read as follows:
       (2) Requests for the collection and coordination of 
     information.--
       (A) Requesting the collection of foreign intelligence by 
     elements of the intelligence community authorized to 
     undertake such collection, Federal law enforcement agencies, 
     and other executive agencies.
       (B) Coordinating with elements of the intelligence 
     community and with Federal, State, and local law enforcement 
     agencies, and the private sector as appropriate.

                               H.R. 5005

                         Offered By: Mr. Engel

       Amendment No. 2: At the end of the bill, insert the 
     following new title:

             TITLE XI--CHEMICAL WEAPON PRECURSOR LICENSING

     SEC. 1101. DEFINITIONS.

       For purposes of this title:
       (1) The term ``chemical weapon precursor'' means a Schedule 
     1 chemical agent or a Schedule 2 chemical agent, as such 
     terms are defined in section 3 of the Chemical Weapons 
     Convention Implementation Act of 1998 (22 U.S.C. 6701).
       (2) The term ``licensee'' means a person holding a license 
     under this title.
       (3) The term ``qualified person'' means a person found by 
     the Secretary to meet such qualifications as the Secretary 
     may, by rule, prescribe to protect the public health and 
     safety from the misuse of chemical weapon precursors. No 
     person who has been convicted of a criminal offense under 
     this title or under any similar or related provision of 
     Federal or State law shall be a qualified person for purposes 
     of this title.

     SEC. 1102. LICENSE REQUIRED.

       After December 31, 2002, no person may purchase, sell, or 
     distribute in interstate commerce any chemical weapon 
     precursor unless such person is licensed under section 1103.

     SEC. 1103. ISSUANCE OF LICENSES.

       (a) Application.--Any qualified person may submit to the 
     Secretary an application for a license to purchase, sell, or 
     distribute in interstate commerce a chemical weapon 
     precursor.
       (b) Issuance.--Upon receiving an application containing 
     such information as the Secretary may require, the Secretary 
     is authorized to issue a license to such person to purchase, 
     sell, or distribute in interstate commerce a chemical weapon 
     precursor if the Secretary finds that such person is a 
     qualified person and if such person agrees to comply with 
     this title and the regulations under this title.
       (c) Term; Revocation.--A license under this section shall 
     remain in effect for such term as the Secretary may 
     prescribe, except that the Secretary may at any time revoke 
     such license if the Secretary determines that the licensee 
     has failed or refused to comply with this title or any 
     regulation under this title.

     SEC. 1104. REQUIREMENTS FOR MAINTENANCE OF LICENSE.

       Each licensee shall comply with each of the following 
     requirements and such other requirements as the Secretary may 
     establish by rule to carry out the purposes of this title:
       (1) The licensee shall report any suspicious purchases or 
     sales of chemical weapon precursors.
       (2) The licensee shall maintain and make available to the 
     Secretary and to Federal, State, and local law enforcement 
     authorities records of the purchase, sale, or distribution of 
     chemical weapon precursors. Such records shall be in such 
     form and shall contain such information as the Secretary 
     shall, by rule, prescribe.

     SEC. 1105. PENALTIES FOR VIOLATION.

       Any person who violates any provision of this title or any 
     regulation under this title shall be subject to a civil 
     penalty of not more than $10,000 for a first offense and not 
     more than $20,000 for a second or subsequent offense. If such 
     violation was intentional, such person shall be subject to a 
     criminal penalty of up to 10 years in prison in addition to 
     such civil penalties.

                               H.R. 5005

                          Offered By: Mr. Paul

       Amendment No. 3: In section 763--
       (1) strike subsection (b) (relating to transfer of 
     appropriations);
       (2) in the section heading, strike ``; TRANSFER OF 
     APPROPRIATIONS'' (and conform the table of contents 
     accordingly);
       (3) strike the subsection designation and caption for 
     subsection (a) (and redesignate the paragraphs and 
     subparagraphs as subsections and paragraphs, respectively); 
     and
       (4) strike ``paragraph (1)(A)'' and ``paragraph (1)(B)'' 
     and insert ``subsection (a)(1)'' and ``subsection (a)(2)'', 
     respectively.
       In section 811(e), strike the last sentence (referring to 
     section 763(b)).

                               H.R. 5120

                          Offered By: Mr. Barr

       Amendment No. 23: Insert at the end before the short title 
     the following:
       Sec.   . None of the funds made available in this Act under 
     the heading ``Special Forfeiture Fund (Including transfer of 
     funds)'' to support a national media campaign shall be used 
     to pay any amount pursuant to contract number N00600-02-
     C0123.

                               H.R. 5120

              Offered By: Mr. George Miller of California

       Amendment No. 24: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used to enter into or carry out with an entity any Federal 
     contract subject to the provisions of the Federal Acquisition 
     Regulation unless such entity has a satisfactory record of 
     integrity and business ethics.

                               H.R. 5120

               Offered By:Mr. George Miller of California

       Amendment No. 25: At the end of the bill (before the short 
     title), insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used to enter into or carry out with an entity any Federal 
     contract subject to the provisions of the Federal Acquisition 
     Regulation unless the contracting officer for the contract 
     determines that such entity has a satisfactory record of 
     integrity and business ethics.

                               H.R. 5120

                        Offered By: Mr. Sanders

       Amendment No. 26: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. __. None of the funds appropriated by this Act may be 
     used by the Internal Revenue Service for any activity that is 
     in contravention of section 411(b)(1)(H)(i) or section 
     411(d)(6) of the Internal Revenue Code of 1986, section 
     204(b)(1)(G) or 204(b)(1)(H)(i) of the Employee Retirement 
     Income Security Act of 1974, or section 4(i)(1)(A) of the Age 
     Discrimination in Employment Act.

[[Page 14156]]



                               H.R. 5120

                        Offered By: Mr. Sanders

       Amendment No. 27: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. __. None of the funds appropriated by this Act may be 
     used by the Internal Revenue Service--
       (1) for any activity that is in contravention of section 
     411(b)(1)(H)(i) or section 411(d)(6) of the Internal Revenue 
     Code of 1986, section 204(b)(1)(G) or 204(b)(1)(H)(i) of the 
     Employee Retirement Income Security Act of 1974, or section 
     4(i)(1)(A) of the Age Discrimination in Employment Act,
       (2) for the issuance of favorable tax-qualified 
     determination letters to employers who convert to a cash 
     balance pension plan, or
       (3) to enforce the preamble to Treasury Decision 8360, 
     issued under section 401(a)(4) of the Internal Revenue Code 
     of 1986 on September 19, 1991, which reads as follows: ``The 
     fact that interest adjustments through normal retirement age 
     are accrued in the year of the related hypothetical 
     allocation will not cause a cash balance plan to fail to 
     satisfy the requirements of section 411(b)(1)(H), relating to 
     age-based reductions in the rate at which benefits accrue 
     under a plan.''

                               H.R. 5120

                        Offered By: Mr. Sanders

       Amendment No. 28: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. __. None of the funds appropriated by this Act may be 
     used by the Internal Revenue Service for the issuance of 
     favorable tax-qualified determination letters to employers 
     who convert to a cash balance pension plan.