[Congressional Record (Bound Edition), Volume 150 (2004), Part 14]
[Senate]
[Pages 19438-19447]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3702. Mr. McCAIN (for himself and Mr. Lieberman) proposed an 
amendment to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; as follows:

       At the appropriate place, insert the following:

                   TITLE   --TRANSPORTATION SECURITY

     SEC.   01. DEFINITIONS.

       In this title, the terms ``air carrier'', ``air 
     transportation'', ``aircraft'', ``airport'', ``cargo'', 
     ``foreign air carrier'', and ``intrastate air 
     transportation'' have the meanings given such terms in 
     section 40102 of title 49, United States Code.

     SEC.   02. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

       (a) Requirement for Strategy.--
       (1) Responsibilities of secretary of homeland 
     security--.The Secretary of Homeland Security shall--
       (A) develop and implement a National Strategy for 
     Transportation Security; and
       (B) revise such strategy whenever necessary to improve or 
     to maintain the currency of the strategy or whenever the 
     Secretary otherwise considers it appropriate to do so.
       (2) Consultation with secretary of transportation.--The 
     Secretary of Homeland Security shall consult with the 
     Secretary of Transportation in developing and revising the 
     National Strategy for Transportation Security under this 
     section.
       (b) Content.--The National Strategy for Transportation 
     Security shall include the following matters:
       (1) An identification and evaluation of the transportation 
     assets within the United States that, in the interests of 
     national security, must be protected from attack or 
     disruption by terrorist or other hostile forces, including 
     aviation, bridge and tunnel, commuter rail and ferry, 
     highway, maritime, pipeline, rail, urban mass transit, and 
     other public transportation infrastructure assets that could 
     be at risk of such an attack or disruption.
       (2) The development of the risk-based priorities, and 
     realistic deadlines, for addressing security needs associated 
     with those assets.
       (3) The most practical and cost-effective means of 
     defending those assets against threats to their security.
       (4) A forward-looking strategic plan that assigns 
     transportation security roles and missions to departments and 
     agencies of the Federal Government (including the Armed 
     Forces), State governments (including the Army National Guard 
     and Air National Guard), local governments, and public 
     utilities, and establishes mechanisms for encouraging private 
     sector cooperation and participation in the implementation of 
     such plan.
       (5) A comprehensive delineation of response and recovery 
     responsibilities and issues regarding threatened and executed 
     acts of terrorism within the United States.
       (6) A prioritization of research and development objectives 
     that support transportation security needs, giving a higher 
     priority to research and development directed toward 
     protecting vital assets.
       (7) A budget and recommendations for appropriate levels and 
     sources of funding to meet the objectives set forth in the 
     strategy.
       (c) Submissions to Congress.--
       (1) The national strategy.--
       (A) Initial strategy.--The Secretary of Homeland Security 
     shall submit the National Strategy for Transportation 
     Security developed under this section to Congress not later 
     than April l, 2005.
       (B) Subsequent versions.--After 2005, the Secretary of 
     Homeland Security shall submit the National Strategy for 
     Transportation Security, including any revisions, to Congress 
     not less frequently than April 1 of each evennumbered year.
       (2) Periodic progress report.--
       (A) Requirement for report.--Each year, in conjunction with 
     the submission of the budget to Congress under section 
     1105(a) of title 31, United States Code, the Secretary of 
     Homeland Security shall submit to Congress an assessment of 
     the progress made on implementing the National Strategy for 
     Transportation Security.
       (B) Content.--Each progress report under this paragraph 
     shall include, at a minimum, the following matters:
       (i) An assessment of the adequacy of the resources 
     committed to meeting the objectives of the National Strategy 
     for Transportation Security.
       (ii) Any recommendations for improving and implementing 
     that strategy that the Secretary, in consultation with the 
     Secretary of Transportation, considers appropriate.
       (3) Classified material.--Any part of the National Strategy 
     for Transportation Security that involves information that is 
     properly classified under criteria established by Executive 
     order shall be submitted to Congress separately in classified 
     form.
       (d) Priority Status.--
       (1) In general.--The National Strategy for Transportation 
     Security shall be the governing document for Federal 
     transportation security efforts.
       (2) Other plans and reports.--The National Strategy for 
     Transportation Security shall include, as an integral part or 
     as an appendix--
       (A) the current National Maritime Transportation Security 
     Plan under section 70103 of title 46, United States Code;
       (B) the report required by section 44938 of title 49, 
     United States Code; and
       (C) any other transportation security plan or report that 
     the Secretary of Homeland Security determines appropriate for 
     inclusion.

     SEC.   03. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION 
                   SCREENING.

       (a) In General.--The Secretary of Homeland Security, acting 
     through the Transportation Security Administration, as soon 
     as practicable after the date of the enactment of this Act 
     but in no event later than 180 days after that date, shall--
       (1) implement a procedure under which the Transportation 
     Security Administration compares information about passengers 
     who are to be carried aboard a passenger aircraft operated by 
     an air carrier or foreign air carrier in air transportation 
     or intrastate air transportation for flights and flight 
     segments originating in the United States with a 
     comprehensive, consolidated database containing information 
     about known or suspected terrorists and their associates; and
       (2) use the information obtained by comparing the passenger 
     information with the information in the database to prevent 
     known or suspected terrorists and their associates from 
     boarding such flights or flight segments or to subject them 
     to specific additional security scrutiny, through the use of 
     ``no fly'' and ``automatic selectee'' lists or other means.
       (b) Air Carrier Cooperation.--The Secretary of Homeland 
     Security, in coordination with the Secretary of 
     Transportation, shall by order require air carriers to 
     provide the passenger information necessary to implement the 
     procedure required by subsection (a).
       (c) Maintaining the Accuracy and Integrity of the ``No 
     Fly'' and ``Automatic Selectee'' Lists.--
       (1) Watchlist database.--The Secretary of Homeland 
     Security, in consultation with the Director of the Federal 
     Bureau of Investigation, shall design guidelines, policies, 
     and operating procedures for the collection, removal, and 
     updating of data maintained, or to be maintained, in the 
     watchlist database described in subsection (a) (1) that are 
     designed to ensure the accuracy and integrity of the 
     database.
       (2) Accuracy of entries.--In developing the ``no fly'' and 
     ``automatic selectee'' lists under sub-section (a) (2), the 
     Secretary of Homeland Security shall establish a simple

[[Page 19439]]

     and timely method for correcting erroneous entries, for 
     clarifying information known to cause false hits or 
     misidentification errors, and for updating relevant 
     information that is dispositive in the passenger screening 
     process. The Secretary shall also establish a process to 
     provide individuals whose names are confused with, or similar 
     to, names in the database with a means of demonstrating that 
     they are not a person named in the database.

     SEC.   04. ENHANCED PASSENGER AND CARGO SCREENING.

       (a) Aircraft Passenger Screening at Checkpoints.--
       (1) Detection of explosives.--
       (A) Improvement of capabilities.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall take such action as is necessary to 
     improve the capabilities at passenger screening checkpoints, 
     especially at commercial airports, to detect explosives 
     carried aboard aircraft by passengers or placed aboard 
     aircraft by passengers.
       (B) Interim action.--Until measures are implemented that 
     enable the screening of all passengers for explosives, the 
     Secretary shall take immediate measures to require 
     Transportation Security Administration or other screeners to 
     screen for explosives any individual identified for 
     additional screening before that individual may board an 
     aircraft.
       (2) Implementation report.--
       (A) Requirement for report.--Within 90 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall transmit to the Senate and the House of 
     Representatives a report on how the Secretary intends to 
     achieve the objectives of the actions required under 
     paragraph (1). The report shall include an implementation 
     schedule.
       (B) Classified information.--The Secretary may submit 
     separately in classified form any information in the report 
     under subparagraph (A) that involves information that is 
     properly classified under criteria established by Executive 
     order.
       (b) Acceleration of Research and Development on, and 
     Deployment of, Detection of Explosives.--
       (1) Required action.--The Secretary of Homeland Security, 
     in consultation with the Secretary of Transportation, shall 
     take such action as may be necessary to accelerate research 
     and development and deployment of technology for screening 
     aircraft passengers for explosives during or before the 
     aircraft boarding process.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this subsection for each of fiscal 
     years 2005 through 2009.
       (c) Improvement of Screener Job Performance.--
       (1) Required action.--The Secretary of Homeland Security 
     shall take such action as may be necessary to improve the job 
     performance of airport screening personnel.
       (2) Human factors study.--In carrying out this subsection, 
     the Secretary shall, not later than 180 days after the date 
     of the enactment of this Act, conduct a human factors study 
     in order better to understand problems in screener 
     performance and to set attainable objectives for individual 
     screeners and screening checkpoints.
       (d) Checked Baggage and Cargo.--
       (1) In-line baggage screening.--The Secretary of Homeland 
     Security shall take such action as may be necessary to 
     expedite the installation and use of advanced in-line 
     baggage-screening equipment at commercial airports.
       (2) Cargo security.--The Secretary shall take such action 
     as may be necessary to ensure that the Transportation 
     Security Administration in creases and improves its efforts 
     to screen potentially dangerous cargo.
       (e) Blast-Resistant Cargo and Baggage Containers.--
       (1) In general.--The Secretary of Homeland Security, in 
     coordination with the Secretary of Transportation--
       (A) shall assess the feasibility of requiring the use of 
     blast-resistant containers for cargo and baggage on passenger 
     aircraft to minimize the potential effects of detonation of 
     an explosive device; and
       (B) may require their use on some or all flights on 
     aircraft for which such containers are available.
       (2) Pilot program.--Before requiring the use of such 
     containers on any such flights, the Secretary of Homeland 
     Security shall conduct a pilot program to evaluate the use of 
     currently available blast-resistant containers for cargo and 
     baggage on passenger aircraft. In conducting the pilot 
     program the Secretary--
       (A) shall test the feasibility of using the containers by 
     deploying them on participating air carrier flights; but
       (B) may not disclose to the public the number of blast-
     resistant containers being used in the program or publicly 
     identify the flights on which the containers are used.
       (3) Assistance for participation in pilot program.--
       (A) In general.--As part of the pilot program, the 
     Secretary may provide assistance to air carriers to volunteer 
     to test the use of blast-resistant containers for cargo and 
     baggage on passenger aircraft.
       (B) Applications.--To volunteer to participate in the 
     incentive program, an air carrier shall submit to the 
     Secretary an application that is in such form and contains 
     such information as the Secretary requires.
       (C) Types of assistance.--Assistance provided by the 
     Secretary to air carriers that volunteer to participate in 
     the pilot program may include the use of blast-resistant 
     containers and financial assistance to cover increased costs 
     to the carriers associated with the use and maintenance of 
     the containers, including increased fuel costs.
       (4) Technological improvements.--The Secretary of Homeland 
     Security, in cooperation with the Secretary of 
     Transportation, shall--
       (A) support efforts to further the development and 
     improvement of blast-resistant containers for potential use 
     on aircraft, including designs that--
       (i) will work on a variety of aircraft, including narrow 
     body aircraft; and
       (ii) minimize the weight of such containers without 
     compromising their effectiveness; and
       (B) explore alternative technologies for minimizing the 
     potential effects of detonation of an explosive device on 
     cargo and passenger aircraft.
       (5) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Congress on the results of the pilot program and on 
     progress made in developing improved containers and 
     equivalent technologies. The report may be submitted in 
     classified and redacted formats.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as are necessary to carry out this section. Such sums 
     shall remain available until expended.
       (f) Cost-Sharing.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with representatives of air 
     carriers, airport operators, and other interested parties, 
     shall submit to the Senate and the House of Representatives--
       (1) a proposed formula for cost-sharing, for the advanced 
     in-line baggage screening equipment required by this title, 
     between and among the Federal Government, State and local 
     governments, and the private sector that reflects 
     proportionate national security benefits and private sector 
     benefits for such enhancement; and
       (2) recommendations, including recommended legislation, for 
     an equitable, feasible, and expeditious system for defraying 
     the costs of the advanced in-line baggage screening equipment 
     required by this title, which may be based on the formula 
     proposed under paragraph (1).

     SEC.  05. EFFECTIVE DATE.

       This title takes effect on the date of enactment of this 
     Act.
                                 ______
                                 
  SA 3703. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. NATIONAL INTELLIGENCE COORDINATOR.

       (a) National Intelligence Coordinator.--There is a National 
     Intelligence Coordinator who shall be appointed by the 
     President.
       (b) Responsibility.--Subject to the direction and control 
     of the President, the National Intelligence Coordinator shall 
     have the responsibility for coordinating the performance of 
     all intelligence and intelligence-related activities of the 
     United States Government, whether such activities are foreign 
     or domestic.
       (c) Availability of Funds.--Funds shall be available to the 
     National Intelligence Coordinator for the performance of the 
     responsibility of the Coordinator under subsection (b) in the 
     manner provided by law or as directed by the President.
       (d) Membership on National Security Council.--The National 
     Intelligence Coordinator shall be a member of the National 
     Security Council.
       (e) Support.--(1) Any official, office, program, project, 
     or activity of the Central Intelligence Agency as of the date 
     of the enactment of this Act that supports the Director of 
     Central Intelligence in the performance of responsibilities 
     and authorities as the head of the intelligence community 
     shall, after that date, support the National Intelligence 
     Coordination in the performance of the responsibility of the 
     Coordinator under subsection (b).
       (2) Any powers and authorities of the Director of Central 
     Intelligence under statute, Executive order, regulation, or 
     otherwise as of the date of the enactment of this Act that 
     relate to the performance by the Director of responsibilities 
     and authorities as the head of the intelligence community 
     shall, after that date, have no further force and effect.
       (f) Accountability.--(1) The National Intelligence 
     Coordinator shall report directly to the President regarding 
     the performance

[[Page 19440]]

     of the responsibility of the Coordinator under subsection 
     (b), and shall be accountable to the President regarding the 
     performance of such responsibility.
       (2) Except as otherwise provided by law, the National 
     Intelligence Coordinator shall not be accountable to Congress 
     regarding the performance of the responsibility of the 
     Coordinator.
                                 ______
                                 
  SA 3704. Mr. WYDEN (for himself, Mr. Lott, Mr. Graham of Florida, Ms. 
Snowe, and Mr. Cornyn) proposed an amendment to the bill S. 2845, to 
reform the intelligence community and the intelligence and 
intelligence-related activities of the United States Government, and 
for other purposes; as follows:

       At the end of title II, add the following:

                   Subtitle D--Classified Information

     SEC. 231. SHORT TITLE.

       This subtitle may be cited as the ``Independent National 
     Security Classification Board Act of 2004''.

     SEC. 232. PURPOSE.

       The purpose of this subtitle is to establish in the 
     executive branch an Independent National Security 
     Classification Board--
       (1) to review the standards and procedures used in the 
     classification system for national security information;
       (2) to propose and submit to Congress and the President for 
     comment new standards and procedures to be used in the 
     classification system for such information;
       (3) to establish the new standards and procedures after 
     Congress and the President have had the opportunity to 
     comment; and
       (4) to review, and make recommendations with respect to, 
     classifications of current and new information made under the 
     applicable classification system.

     SEC. 233. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.

       (a) Establishment.--The Independent National Security 
     Classification Board (in this subtitle referred to as the 
     ``Board'') is established as an independent agency in the 
     executive branch.
       (b) Composition.--The Board shall be composed of one member 
     appointed by the President, one member jointly recommended by 
     the Majority Leader and the Minority Leader of the Senate and 
     appointed by the President, and one member jointly 
     recommended by the Speaker of the House of Representatives 
     and the Minority Leader of the House of Representatives and 
     appointed by the President, each by and with the advice and 
     consent of the Senate. Each member shall be knowledgeable on 
     classification matters.
       (c) Term of Members.--Each member of the Board shall be 
     appointed for a term of 5 years. A member may be reappointed 
     for one additional 5-year term. A member whose term has 
     expired shall continue to serve on the Board until a 
     replacement has been appointed.
       (d) Vacancies.--Any vacancy in the Board shall not affect 
     its powers, but shall be filled in the same manner as the 
     original appointment.
       (e) Separate Office.--The Board shall have its own office 
     for carrying out its activities, and shall not share office 
     space with any element of the intelligence community or with 
     any other department, agency, or element of the United States 
     Government.
       (f) Chairman.--The Board shall select a Chairman from among 
     its members.
       (g) Meetings.--The Board shall meet at the call of the 
     Chairman.
       (h) Quorum.--A majority of the members of the Board shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (i) Availability of Information.--The decision-making 
     process of the Board may be classified, but the final 
     decisions of the Board and the reports submitted under this 
     subtitle shall be made available to the public.
       (j) Initial Appointments and Meeting.--
       (1) Initial appointments.--Initial appointments of members 
     of the Board shall be made not later than 90 days after the 
     date of the enactment of this Act.
       (2) Initial meeting.--The Board shall hold its first 
     meeting not later than 30 days after the date on which all 
     members of the Board have been appointed.
       (k) Website.--The Board shall establish a website not later 
     than 90 days after the date on which all members of the Board 
     have been appointed.

     SEC. 234. DUTIES OF BOARD.

       (a) Review of Classification System.--
       (1) In general.--The Board shall conduct a thorough review 
     of the classification system for national security 
     information, including the policy, procedures, and practices 
     of the system. The Board shall recommend reforms of such 
     system to ensure--
       (A) the protection of the national security of the United 
     States;
       (B) the sharing of information among departments, agencies, 
     and element of the United States Government; and
       (C) an open and informed public discussion of national 
     security issues.
       (2) Scope of review.--
       (A) Consultation.--The Board shall consult with the Select 
     Committee on Intelligence, the Committee on Armed Services, 
     and the Committee on Foreign Relations of the Senate and the 
     Permanent Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on International Relations 
     of the House of Representatives in determining the scope of 
     its review of the classification system.
       (B) Review.--The Board shall submit a report describing the 
     proposed scope of review to the President and the committees 
     of Congress referred to in subparagraph (A) for comment.
       (C) Revisions.--Not later than 30 days after receiving the 
     report under subparagraph (B)--
       (i) the President shall notify the Board in writing of any 
     revisions to such scope of review; and
       (ii) each committee of Congress referred to in subparagraph 
     (A) may submit to the Board, in writing, any comments of the 
     committee on the proposed scope of review.
       (b) Adoption of National Security Information 
     Classification System.--
       (1) Authority.--The Board shall prescribe the 
     classification system for national security information, 
     which shall apply to all departments, agencies, and elements 
     of the United States Government.
       (2) Findings and recommendations.--The Board shall, in 
     accordance with the scope of review developed under 
     subsection (a)(2), review the classification system for 
     national security information and submit to the President and 
     Congress its findings and recommendations for new procedures 
     and standards to be used in such classification system.
       (3) Classification system.--Not later than 180 days after 
     the date on which all members of the Board have been 
     confirmed by the Senate, the Board shall adopt a 
     classification system for national security information, 
     incorporating any comments received from the President and 
     considering any comments received from Congress. Upon the 
     adoption of the classification system, the system shall be 
     used for the classification of all national security 
     information.
       (c) Review of Classification Decisions.--
       (1) In general.--The Board shall, upon its own initiative 
     or pursuant to a request under paragraph (3), review any 
     classification decision made by an Executive agency with 
     respect to national security information.
       (2) Access.--The Board shall have access to all documents 
     or other materials that are classified on the basis of 
     containing national security information.
       (3) Requests for review.--The Board shall review in a 
     timely manner the existing or proposed classification of any 
     document or other material the review of which is requested 
     by--
       (A) the head or Inspector General of an Executive agency 
     who is an authorized holder of such document or material; or
       (B) the chairman or ranking member of--
       (i) the Committee on Armed Services, the Committee on 
     Foreign Relations, or the Select Committee on Intelligence of 
     the Senate; or
       (ii) the Committee on Armed Services, the Committee on 
     International Relations, or the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (4) Recommendations.--
       (A) In general.--The Board may make recommendations to the 
     President regarding decisions to classify all or portions of 
     documents or other material for national security purposes or 
     to declassify all or portions of documents or other material 
     classified for such purposes.
       (B) Implementation.--Upon receiving a recommendation from 
     the Board under subparagraph (A), the President shall 
     either--
       (i) accept and implement such recommendation; or
       (ii) not later than 60 days after receiving the 
     recommendation if the President does not accept and implement 
     such recommendation, transmit in writing to Congress and have 
     posted on the website of the Board a notification in 
     unclassified form of the justification for the President's 
     decision not to implement such recommendation.
       (5) Exemption from freedom of information act.--The Board 
     shall not be required to make documents or materials reviewed 
     under this subsection available to the public under section 
     552 of title 5, United States Code (commonly referred to as 
     the Freedom of Information Act).
       (6) Regulations.--The Board shall prescribe regulations to 
     carry out this subsection.
       (7) Executive agency defined.--In this section, the term 
     ``Executive agency'' has the meaning given that term in 
     section 105 of title 5, United States Code.

     SEC. 235. POWERS OF BOARD.

       (a) Hearings.--The Board may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Board considers advisable to 
     carry out this subtitle.
       (b) Information From Federal Agencies.--The Board may 
     secure directly from any department, agency, or element of 
     the United States Government such information as the Board 
     considers necessary to carry out this subtitle. Upon request 
     of the Chairman of the Board, the head of such department, 
     agency, or element shall furnish such information to the 
     Board.

[[Page 19441]]

       (c) Administrative Support Services.--Upon request of the 
     Board, the Administrator of General Services shall provide to 
     the Board, on a reimbursable basis, the administrative 
     support necessary for the Board to carry out its duties under 
     this subtitle.
       (d) Postal Services.--The Board may use the United States 
     mails in the same manner and under the same conditions as 
     other departments and agencies of the Federal Government.
       (e) Gifts.--The Board may accept, use, and dispose of gifts 
     or donations of services or property.

     SEC. 236. BOARD PERSONNEL MATTERS.

       (a) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
        ``Members, Independent National Security Classification 
     Board.''.
       (b) Staff.--
       (1) In general.--The Chairman of the Board may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and such other additional 
     personnel as may be necessary to enable the Board to perform 
     its duties under this subtitle. The employment of an 
     executive director shall be subject to confirmation by the 
     Board.
       (2) Compensation.--The Chairman of the Board may fix the 
     compensation of the executive director and other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       (c) Detail of Government Employees.--Any employee of the 
     United States Government may be detailed to the Board without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.

     SEC. 237. FUNDING.

       Of the amount authorized to be appropriated by section 352, 
     $2,000,000 shall be available for the Board for purposes of 
     this section during fiscal year 2005.
                                 ______
                                 
  SA 3705. Ms. COLLINS (for herself, Mr. Carper, and Mr. Lieberman) 
proposed an amendment to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; as follows:

       At the end of the bill, add the following:

                   TITLE IV--HOMELAND SECURITY GRANTS

     SEC. 401. SHORT TITLE.

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

     SEC. 402. DEFINITIONS.

       In this title, the following definitions shall apply:
       (1) Insular area.--The term ``insular area'' means American 
     Samoa, the Commonwealth of the Northern Mariana Islands, the 
     Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
       (2) Large high-threat state fund.--The term ``Large High-
     Threat State Fund'' means the fund containing amounts 
     authorized to be appropriated for States that elect to 
     receive Federal financial assistance through a per capita 
     share of 38.625 percent of the amount appropriated for the 
     State Homeland Security Grant Program.
       (3) Local government.--The term ``local government'' has 
     the same meaning given that term in section 2 of the Homeland 
     Security Act of 2002 (6 U.S.C. 101).
       (4) State.--The term ``State'' means each of the several 
     States of the United States and the District of Columbia.
       (5) State homeland security grant program.--The term 
     ``State Homeland Security Grant Program'' means the program 
     receiving 75 percent of the amount appropriated for the 
     Threat-Based Homeland Security Grant Program.
       (6) Threat-based homeland security grant program.--The term 
     ``Threat-Based Homeland Security Grant Program'' means the 
     program authorized under section 6.
       (7) Urban area security initiative grant program.--The term 
     ``Urban Area Security Initiative Grant Program'' means the 
     program receiving 25 percent of the amount appropriated for 
     the Threat-Based Homeland Security Grant Program.

     SEC. 403. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 
                   TRADITIONAL FIRST RESPONDER MISSIONS.

       (a) In General.--This title shall not be construed to 
     affect any authority to award grants under any Federal grant 
     program listed under subsection (b), which existed on 
     September 10, 2001, to enhance traditional missions of State 
     and local law enforcement, firefighters, ports, emergency 
     medical services, or public health missions.
       (b) Programs Included.--The programs referred to in 
     subsection (a) are the following:
       (1) The Firefighter Assistance Program authorized under 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229).
       (2) The Emergency Management Performance Grant Program and 
     the Urban Search and Rescue Grant program authorized under--
       (A) title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.);
       (B) the Departments of Veterans Affairs and Housing and 
     Urban Development, and Independent Agencies Appropriations 
     Act, 2000 (Public Law 106-74; 113 Stat. 1047 et seq.); and
       (C) the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
     7701 et seq.).
       (4) The Edward Byrne Memorial State and Local Law 
     Enforcement Assistance Programs authorized under part E of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3750 et seq.).
       (5) The Public Safety and Community Policing (COPS ON THE 
     BEAT) Grant Program authorized under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.).
       (6) Grant programs under the Public Health Service Act 
     regarding preparedness for bioterrorism and other public 
     health emergencies and the Emergency Response Assistance 
     Program authorized under section 1412 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2312).

     SEC. 404. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE 
                   HOMELAND SECURITY GRANT PROGRAMS.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by inserting after section 801 
     the following:

     ``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND 
                   STREAMLINE HOMELAND SECURITY GRANT PROGRAMS.

       ``(a) Establishment.--
       ``(1) In general.--The Secretary, in coordination with the 
     Attorney General, the Secretary of Health and Human Services, 
     the Secretary of Transportation, the Administrator of the 
     Environmental Protection Agency, and other agencies providing 
     assistance for first responder preparedness, as identified by 
     the President, shall establish the Interagency Committee to 
     Coordinate and Streamline Homeland Security Grant Programs 
     (referred to in this subtitle as the `Interagency 
     Committee').
       ``(2) Composition.--The Interagency Committee shall be 
     composed of--
       ``(A) a representative of the Department;
       ``(B) a representative of the Department of Health and 
     Human Services;
       ``(C) a representative of the Department of Transportation;
       ``(D) a representative of the Department of Justice;
       ``(E) a representative of the Environmental Protection 
     Agency; and
       ``(F) a representative of any other department or agency 
     determined to be necessary by the President.
       ``(3) Responsibilities.--The Interagency Committee shall--
       ``(A) report on findings to the Information Clearinghouse 
     established under section 801(d);
       ``(B) consult with State and local governments and 
     emergency response providers regarding their homeland 
     security needs and capabilities;
       ``(C) advise the Secretary on the development of 
     performance measures for homeland security grant programs and 
     the national strategy for homeland security;
       ``(D) compile a list of homeland security assistance 
     programs;
       ``(E) not later than 1 year after the effective date of the 
     Homeland Security Grant Enhancement Act of 2004--
       ``(i) develop a proposal to coordinate, to the maximum 
     extent practicable, the planning, reporting, application, and 
     other guidance documents contained in homeland security 
     assistance programs to eliminate all redundant and 
     duplicative requirements; and
       ``(ii) submit the proposal developed under clause (i) to 
     Congress and the President.
       ``(b) Administration.--The Department shall provide 
     administrative support to the Interagency Committee, which 
     shall include--
       ``(1) scheduling meetings;
       ``(2) preparing agenda;
       ``(3) maintaining minutes and records; and
       ``(4) producing reports.
       ``(c) Chairperson.--The Secretary shall designate a 
     chairperson of the Interagency Committee.
       ``(d) Meetings.--The Interagency Committee shall meet--
       ``(1) at the call of the Secretary; or
       ``(2) not less frequently than once every 1 month.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents for the Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.) is amended by inserting after the item relating to 
     section 801 the following:

``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland 
              Security Grant Programs.''.

     SEC. 405. STREAMLINING FEDERAL HOMELAND SECURITY GRANTS.

       (a) Director of State and Local Government Coordination and 
     Preparedness.--Section 801(a) of the Homeland Security Act of 
     2002 (6 U.S.C. 361(a)) is amended to read as follows:
       ``(a) Establishment.--
       ``(1) In general.--There is established within the Office 
     of the Secretary the Office for State and Local Government 
     Coordination and Preparedness, which shall oversee

[[Page 19442]]

     and coordinate departmental programs for, and relationships 
     with, State and local governments.
       ``(2) Executive director.--The Office established under 
     paragraph (1) shall be headed by the Executive Director of 
     State and Local Government Coordination and Preparedness, who 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.''.
       (b) Office for Domestic Preparedness.--The Homeland 
     Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
       (1) by redesignating section 430 as section 803 and 
     transferring that section to the end of subtitle A of title 
     VIII, as amended by section 4; and
       (2) in section 803, as redesignated by paragraph (1)--
       (A) in subsection (a), by striking ``the Directorate of 
     Border and Transportation Security'' and inserting ``the 
     Office for State and Local Government Coordination and 
     Preparedness'';
       (B) in subsection (b), by striking ``who shall be appointed 
     by the President'' and all that follows and inserting ``who 
     shall report directly to the Executive Director of State and 
     Local Government Coordination and Preparedness.'';
       (C) in subsection (c)--
       (i) in paragraph (7)--

       (I) by striking ``other'' and inserting ``the'';
       (II) by striking ``consistent with the mission and 
     functions of the Directorate''; and
       (III) by striking ``and'' at the end; and

       (ii) in paragraph (8)--

       (I) by inserting ``carrying out'' before ``those 
     elements'';
       (II) by striking the period at the end and inserting ``; 
     and'' ; and

       (iii) by adding at the end the following:
       ``(9) managing the Homeland Security Information 
     Clearinghouse established under section 801(d).'';
       (D) by redesignating subsection (d) as subsection (e); and
       (E) by inserting after subsection (c) the following:
       ``(d) Training and Exercises Office Within the Office for 
     Domestic Preparedness.--
       ``(1) In general.--The Secretary shall create within the 
     Office for Domestic Preparedness an internal office that 
     shall be the proponent for all national domestic 
     preparedness, training, education, and exercises within the 
     Office for State and Local Government Coordination.
       ``(2) Office head.--The Secretary shall select an 
     individual with recognized expertise in first-responder 
     training and exercises to head the office, and such person 
     shall report directly to the Director of the Office of 
     Domestic Preparedness.''.
       (c) Technical and Conforming Amendments.--The table of 
     contents for the Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.) is amended--
       (1) by striking the item relating to section 430;
       (2) by amending section 801 to read as follows:

``Sec. 801. Office of State and Local Government Coordination and 
              Preparedness.''; and

       (3) by inserting after the item relating to section 802, as 
     added by this Act, the following:

``Sec. 803. Office for Domestic Preparedness.''.

       (d) Establishment of Homeland Security Information 
     Clearinghouse.--Section 801 of the Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.), as amended by subsection (a), is 
     further amended by adding at the end the following:
       ``(d) Homeland Security Information Clearinghouse.--
       ``(1) Establishment.--There is established within the 
     Office for State and Local Government Coordination a Homeland 
     Security Information Clearinghouse (referred to in this 
     section as the `Clearinghouse'), which shall assist States, 
     local governments, and first responders in accordance with 
     paragraphs (2) through (5).
       ``(2) Homeland security grant information.--The 
     Clearinghouse shall create a new website or enhance an 
     existing website, establish a toll-free number, and produce a 
     single publication that each contain information regarding 
     the homeland security grant programs identified under section 
     802(a)(4).
       ``(3) Technical assistance.--The Clearinghouse, in 
     consultation with the Interagency Committee established under 
     section 802, shall provide information regarding--
       ``(A) technical assistance provided by any Federal agency 
     to States and local governments to conduct threat analyses 
     and vulnerability assessments; and
       ``(B) templates for conducting threat analyses and 
     vulnerability assessments.
       ``(4) Best practices.--The Clearinghouse shall work with 
     States, local governments, emergency response providers and 
     the National Domestic Preparedness Consortium, and private 
     organizations to gather, validate, and disseminate 
     information regarding successful State and local homeland 
     security programs and practices.
       ``(5) Use of federal funds.--The Clearinghouse shall 
     compile information regarding equipment, training, and other 
     services purchased with Federal funds provided under the 
     homeland security grant programs identified under section 
     802(a)(4), and make such information, and information 
     regarding voluntary standards of training, equipment, and 
     exercises, available to States, local governments, and first 
     responders.
       ``(6) Other information.--The Clearinghouse shall provide 
     States, local governments, and first responders with any 
     other information that the Secretary determines necessary.''.

     SEC. 406. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

       (a) Grants Authorized.--The Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') may award 
     grants to States and local governments to enhance homeland 
     security.
       (b) Use of Funds.--
       (1) In general.--Grants awarded under subsection (a)--
       (A) shall be used to address homeland security matters 
     related to acts of terrorism or major disasters and related 
     capacity building; and
       (B) shall not be used to supplant ongoing first responder 
     expenses or general protective measures.
       (2) Allowable uses.--Grants awarded under subsection (a) 
     may be used to--
       (A) develop State plans or risk assessments (including the 
     development of the homeland security plan) to respond to 
     terrorist attacks and strengthen all hazards emergency 
     planning and communitywide plans for responding to terrorist 
     or all hazards emergency events that are coordinated with the 
     capacities of applicable Federal, State, and local 
     governments, first responders, and State and local government 
     health agencies;
       (B) develop State, regional, or local mutual aid 
     agreements;
       (C) purchase or upgrade equipment based on State and local 
     needs as identified under a State homeland security plan;
       (D) conduct exercises to strengthen emergency preparedness 
     of State and local first responders including law 
     enforcement, firefighting personnel, and emergency medical 
     service workers, and other emergency responders identified in 
     a State homeland security plan;
       (E) pay for overtime expenses relating to--
       (i) training activities consistent with the goals outlined 
     in a State homeland security plan;
       (ii) as determined by the Secretary, activities relating to 
     an increase in the threat level under the Homeland Security 
     Advisory System; and
       (iii) any other activity relating to the State Homeland 
     Security Strategy, and approved by the Secretary;
       (F) promote training regarding homeland security 
     preparedness including--
       (i) emergency preparedness responses to a use or threatened 
     use of a weapon of mass destruction; and
       (ii) training in the use of equipment, including detection, 
     monitoring, and decontamination equipment, and personal 
     protective gear; and
       (G) conduct any activity permitted under the Law 
     Enforcement Terrorism Prevention Grant Program.
       (3) Prohibited uses.--
       (A) Construction.--Grants awarded under subsection (a) may 
     not be used to construct buildings or other physical 
     facilities, except those described in section 611 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5196) and approved by the Secretary in the 
     homeland security plan certified under subsection (d), or to 
     acquire land.
       (B) Cost sharing.--Grant funds provided under this section 
     shall not be used for any State or local government cost 
     sharing contribution request under this section.
       (c) Application.--
       (1) Submission.--A State may apply for a grant under this 
     section by submitting to the Secretary an application at such 
     time, and in such manner, and containing such information the 
     Secretary may reasonably require.
       (2) Revisions.--A State may revise a homeland security plan 
     certified under subsection (d) at the time an application is 
     submitted under paragraph (1) after receiving approval from 
     the Secretary.
       (3) Approval.--The Secretary shall not award a grant under 
     this section unless the application submitted by the State 
     includes a homeland security plan meeting the requirements of 
     subsection (d).
       (4) Release of funds.--The Secretary shall release grant 
     funds to States with approved plans after the approval of an 
     application submitted under this subsection.
       (d) Homeland Security Plan.--
       (1) In general.--An application submitted under subsection 
     (c) shall include a certification that the State has prepared 
     a 3-year State homeland security plan (referred to in this 
     subsection as the ``plan'') to respond to terrorist attacks 
     and strengthen all hazards emergency planning that has been 
     approved by the Secretary.
       (2) Contents.--The plan shall contain measurable goals and 
     objectives that--
       (A) establish a 3-year strategy to set priorities for the 
     allocation of funding to political subdivisions based on the 
     risk, capabilities, and needs described under paragraph 
     (3)(C);
       (B) provide for interoperable communications;

[[Page 19443]]

       (C) provide for local coordination of response and recovery 
     efforts, including procedures for effective incident command 
     in conformance with the National Incident Management System;
       (D) ensure that first responders and other emergency 
     personnel have adequate training and appropriate equipment 
     for the threats that may occur;
       (E) provide for improved coordination and collaboration 
     among police, fire, and public health authorities at State 
     and local levels;
       (F) coordinate emergency response and public health plans;
       (G) mitigate risks to critical infrastructure that may be 
     vulnerable to terrorist attacks;
       (H) promote regional coordination among contiguous local 
     governments;
       (I) identify necessary protective measures by private 
     owners of critical infrastructure;
       (J) promote orderly evacuation procedures when necessary;
       (K) ensure support from the public health community for 
     measures needed to prevent, detect and treat bioterrorism, 
     and radiological and chemical incidents;
       (L) increase the number of local jurisdictions 
     participating in local and statewide exercises;
       (M) meet preparedness goals as determined by the Secretary; 
     and
       (N) include a report from the relevant advisory committee 
     established under paragraph (3)(D) that documents the areas 
     of support, disagreement, or recommended changes to the plan 
     before its submission to the Secretary.
       (3) Development process.--
       (A) In general.--In preparing the plan under this section, 
     a State shall--
       (i) provide for the consideration of all homeland security 
     needs;
       (ii) follow a process that is continuing, inclusive, 
     cooperative, and comprehensive, as appropriate; and
       (iii) coordinate the development of the plan with the 
     homeland security planning activities of local governments.
       (B) Coordination with local planning activities.--The 
     coordination under subparagraph (A)(iii) shall contain input 
     from local stakeholders, including--
       (i) local officials, including representatives of rural, 
     high-population, and high-threat jurisdictions;
       (ii) first responders and emergency response providers; and
       (iii) private sector companies, such as railroads and 
     chemical manufacturers.
       (C) Scope of planning.--Each State preparing a plan under 
     this section shall, in conjunction with the local 
     stakeholders under subparagraph (B), address all the 
     information requested by the Secretary, and complete a 
     comprehensive assessment of--
       (i) risk, including a--

       (I) vulnerability assessment;
       (II) threat assessment; and
       (III) public health assessment, in coordination with the 
     State bioterrorism plan; and

       (ii) capabilities and needs, including--

       (I) an evaluation of current preparedness, mitigation, and 
     response capabilities based on such assessment mechanisms as 
     shall be determined by the Secretary;
       (II) an evaluation of capabilities needed to address the 
     risks described under clause (i); and
       (III) an assessment of the shortfall between the 
     capabilities described under subclause (I) and the required 
     capabilities described under subclause (II).

       (D) Advisory committee.--
       (i) In general.--Each State preparing a plan under this 
     section shall establish an advisory committee to receive 
     comments from the public and the local stakeholders 
     identified under subparagraph (B).
       (ii) Composition.--The Advisory Committee shall include 
     local officials, local first responders, and emergency 
     response providers that are representative of the counties, 
     cities, and towns within the State, and which shall include 
     representatives of rural, high-population, and high-threat 
     jurisdictions.
       (4) Plan approval.--The Secretary shall approve a plan upon 
     finding that the plan meets the requirements of--
       (A) paragraphs (2) and (3);
       (B) the interim performance measurements under subsection 
     (g)(1), or the national performance standards under 
     subsection (g)(2); and
       (C) any other criteria the Secretary determines necessary 
     to the approval of a State plan.
       (5) Review of advisory committee report.--The Secretary 
     shall review the recommendations of the advisory committee 
     report incorporated into a plan under subsection (d)(2)(N), 
     including any dissenting views submitted by advisory 
     committee members, to ensure cooperation and coordination 
     between local and State jurisdictions in planning the use of 
     grant funds under this section.
       (e) Tentative Allocation.--
       (1) Urban area security initiative grant program.--
       (A) In general.--The Secretary shall allocate 25 percent of 
     the funds appropriated under the Threat-Based Homeland 
     Security Grant Program for discretionary grants to be 
     provided directly to local governments, including multistate 
     entities established by a compact between 2 or more States, 
     in high threat areas, as determined by the Secretary based on 
     the criteria under subparagraph (B).
       (B) Criteria.--The Secretary shall ensure that each local 
     government receiving a grant under this paragraph--
       (i) has a large population or high population density;
       (ii) has a high degree of threat, risk, and vulnerability 
     related to critical infrastructure or not less than 1 key 
     asset identified by the Secretary or State homeland security 
     plan;
       (iii) has an international border with Canada or Mexico, or 
     coastline bordering international waters of Canada, Mexico, 
     or bordering the Atlantic Ocean, the Pacific Ocean, or the 
     Gulf of Mexico; or
       (iv) are subject to other threat factors specified in 
     writing by the Secretary.
       (C) Consistency.--Any grant awarded under this paragraph 
     shall be used to supplement and support, in a consistent and 
     coordinated manner, those activities and objectives described 
     under subsection (b) or a State homeland security plan.
       (D) Coordination.--The Secretary shall ensure that any 
     grants made under this paragraph encourage multiple 
     contiguous units of local government and mutual aid partners 
     to coordinate any homeland security activities.
       (2) State homeland security grant program.--
       (A) States.--Each State whose application is approved under 
     subsection (c) shall receive, for each fiscal year, the 
     greater of--
       (i) 0.75 percent of the amounts appropriated for the State 
     Homeland Security Grant Program; or
       (ii) the State's per capita share, as defined by the 2002 
     census population estimate, of 38.625 percent of the State 
     Homeland Security Grant Program.
       (B) Insular areas.--Each insular area shall receive, for 
     each fiscal year, the greater of--
       (i) 0.075 percent of the amounts appropriated for the State 
     Homeland Security Grant Program; or
       (ii) the insular area's per capita share, as defined by the 
     2002 census population estimate, of 38.625 percent of the 
     State Homeland Security Grant Program.
       (3) Secondary distribution.--After the distribution of 
     funds under paragraph (2), the Secretary shall, from the 
     remaining funds for the State Homeland Security Grant Program 
     and 10.8 percent of the amount appropriated for the Threat-
     Based Homeland Security Grant Program pursuant to subsection 
     (j)(1), distribute amounts to each State that--
       (A) has a substantial percentage of its population residing 
     in Metropolitan Statistical Areas, as defined by the Office 
     of Management and Budget;
       (B) has a high degree of threat, risk, and vulnerability 
     related to critical infrastructure or not less than 1 key 
     asset identified by the Secretary or State homeland security 
     plan;
       (C) has an international border with Canada or Mexico, or 
     coastline bordering international waters of Canada, Mexico, 
     or bordering the Atlantic Ocean, the Pacific Ocean, or the 
     Gulf of Mexico; or
       (D) are subject to other threat factors specified in 
     writing by the Secretary.
       (4) Distribution of funds.--If the amounts tentatively 
     allocated under paragraphs (1) through (3) equal the sum of 
     the amounts appropriated pursuant to subsection (j), the 
     Secretary shall distribute the appropriated amounts based on 
     the tentative allocation.
       (5) Proportional reduction.--If the amount appropriated for 
     the Large High-Threat State Fund pursuant to subsection 
     (j)(2) is less than 10.8 percent of the amount appropriated 
     for the Threat-Based Homeland Security Grant Program pursuant 
     to subsection (j)(1), the Secretary shall proportionately 
     reduce the amounts tentatively allocated under paragraphs (1) 
     through (3) so that the amount distributed is equal to the 
     sum of the amounts appropriated for such programs.
       (6) Funding for local entities and first responders.--The 
     Secretary shall require recipients of the State Homeland 
     Security Grant to provide local governments and first 
     responders, consistent with the applicable State homeland 
     security plan, with not less than 80 percent of the grant 
     funds, the resources purchased with such grant funds, or a 
     combination thereof, not later than 60 days after receiving 
     grant funding.
       (7) Supplement not supplant.--Amounts appropriated for 
     grants under this subsection shall be used to supplement and 
     not supplant other State and local public funds obligated for 
     the purposes provided under this Act.
       (8) Law enforcement terrorism prevention program.--
       (A) In general.--The Secretary shall designate not more 
     than 25 percent of the amounts allocated through the State 
     Homeland Security Grant Program to be used for the Law 
     Enforcement Terrorism Prevention Program to provide grants to 
     law enforcement agencies to enhance capabilities for 
     terrorism prevention.
       (B) Use of funds.--Grants awarded under this paragraph may 
     be used for--
       (i) information sharing to preempt terrorist attacks;

[[Page 19444]]

       (ii) target hardening to reduce the vulnerability of 
     selected high value targets;
       (iii) threat recognition to recognize the potential or 
     development of a threat;
       (iv) intervention activities to interdict terrorists before 
     they can execute a threat;
       (v) interoperable communication systems;
       (vi) overtime expenses related to the State Homeland 
     Security Strategy approved by the Secretary; and
       (vii) any other terrorism prevention activity authorized by 
     the Secretary.
       (f) Report on Homeland Security Spending.--Each recipient 
     of a grant under this section shall annually submit a report 
     to the Secretary that contains--
       (A) an accounting of the amount of State and local funds 
     spent on homeland security activities under the applicable 
     State homeland security plan; and
       (B) information regarding the use of grant funds by units 
     of local government as required by the Secretary.
       (g) Accountability.--
       (1) Interim performance measures.--
       (A) In general.--Before establishing performance standards 
     under paragraph (2), the Secretary shall assist each State in 
     establishing interim performance measures based upon--
       (i) the goals and objectives under subsection (d)(2); and
       (ii) any other factors determined by the Secretary.
       (B) Annual report.--Before establishing performance 
     measures under paragraph (2), each State with an approved 
     State plan shall submit to the Secretary a report detailing 
     the progress the State has made in meeting the interim 
     performance measures established under subparagraph (A).
       (2) National performance standards.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall set national 
     performance standards based in part on the goals and 
     objectives under subsection (d)(2) and any other factors the 
     Secretary determines relevant.
       (B) Compliance.--The Secretary shall ensure that State 
     plans are in conformance with the standards set under 
     subparagraph (A).
       (C) Annual report.--After the establishment of performance 
     standards under subparagraph (A), each State with an approved 
     State homeland security plan shall submit to the Secretary a 
     report on the progress the State has made in meeting such 
     standards.
       (3) General accounting office access to information.--Each 
     recipient of a grant under this section and the Department of 
     Homeland Security shall provide the General Accounting Office 
     with full access to information regarding the activities 
     carried out under this section.
       (4) Audit.--Grant recipients that expend $500,000 or more 
     in Federal funds during any fiscal year shall submit to the 
     Secretary an organization wide financial and compliance audit 
     report in conformance with the requirements of chapter 75 of 
     title 31, United States Code.
       (h) Remedies for Non-Compliance.--
       (1) In general.--If the Secretary finds, after reasonable 
     notice and an opportunity for a hearing, that a recipient of 
     a grant under this section has failed to substantially comply 
     with any provision of this section, the Secretary shall--
       (A) terminate any payment of grant funds to be made to the 
     recipient under this section;
       (B) reduce the amount of payment of grant funds to the 
     recipient by an amount equal to the amount of grants funds 
     that were not expended by the recipient in accordance with 
     this section; or
       (C) limit the use of grant funds received under this 
     section to programs, projects, or activities not affected by 
     the failure to comply.
       (2) Duration of penalty.--The Secretary shall apply an 
     appropriate penalty under paragraph (1) until such time as 
     the Secretary determines that the grant recipient is in full 
     compliance with this section.
       (3) Direct funding.--If a State fails to substantially 
     comply with any provision of this section, including failing 
     to provide local governments with grant funds or resources 
     purchased with grant funds in a timely fashion, a local 
     government entitled to receive such grant funds or resources 
     may petition the Secretary, at such time and in such manner 
     as determined by the Secretary, to request that grant funds 
     or resources be provided directly to the local government.
       (i) Reports to Congress.--The Secretary shall submit an 
     annual report to Congress that provides--
       (1) findings relating to the performance standards 
     established under subsection (g);
       (2) the status of preparedness goals and objectives;
       (3) an evaluation of how States and local governments are 
     meeting preparedness goals and objectives;
       (4) the total amount of resources provided to the States;
       (5) the total amount of resources provided to units of 
     local government; and
       (6) a list of how these resources were expended.
       (j) Authorization of Appropriations.--
       (1) Threat-based homeland security grant program.--There 
     are authorized to be appropriated such sums as are necessary 
     to carry out this section.
       (2) Large high-threat state fund.--There are authorized to 
     be appropriated 10.8 percent of the funds appropriated in any 
     fiscal year pursuant to paragraph (1), which shall be used to 
     carry out the Large High-Threat State Fund.

     SEC. 407. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND 
                   ABUSE.

       (a) Annual General Accounting Office Audit and Report.--
       (1) Audit.--The Comptroller General shall conduct an annual 
     audit of the Threat Based Homeland Security Grant Program
       (2) Report.--The Comptroller General shall provide a report 
     to Congress on the results of the audit conducted under 
     paragraph (1), which includes--
       (A) an analysis of whether the grant recipients allocated 
     funding consistent with the State homeland security plan and 
     the guidelines established by the Department of Homeland 
     Security; and
       (B) the amount of funding devoted to overtime and 
     administrative expenses.
       (b) Reviews of Threat-Based Homeland Security Funding.--The 
     Secretary, through the appropriate agency, shall conduct 
     periodic reviews of grants made through the Threat Based 
     Homeland Security Grant Program to ensure that recipients 
     allocate funds consistent with the guidelines established by 
     the Department of Homeland Security.
       (c) Remedies for Non-Compliance.--If the Secretary 
     determines, after reasonable notice and an opportunity for a 
     hearing, that a recipient of a Threat Based Homeland Security 
     Grant has failed to substantially comply with any regulations 
     or guidelines issues by the Department regarding eligible 
     expenditures, the Secretary shall--
       (1) terminate any payment of grant funds scheduled to be 
     made to the recipient;
       (2) reduce the amount of payment of grant finds to the 
     recipient by an amount equal to the amount of grant funds 
     that were not expended by the recipient in accordance with 
     such guidelines; or
       (3) limit the use of grant funds received under the Threat 
     Based Homeland Security Grant Program to programs, projects, 
     or activities not affected by the failure to comply.
       (d) Duration of Penalty.--The Secretary shall apply an 
     appropriate penalty under subsection (c) until such time as 
     the Secretary determines that the grant recipient is in full 
     compliance with the guidelines established by the Department 
     of Homeland Security.

     SEC. 408. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

       (a) Reallocation of Funds.--The Director of the Office for 
     Domestic Preparedness, Department of Homeland Security, shall 
     allow any State to request approval to reallocate funds 
     received pursuant to appropriations for the State Homeland 
     Security Grant Program under Public Laws 105-277 (112 Stat. 
     2681 et seq.), 106-113 (113 Stat. 1501A-3 et seq.), 106-553 
     (114 Stat. 2762A-3 et seq.), 107-77 (115 Stat. 78 et seq.), 
     or the Consolidated Appropriations Resolution of 2003 (Public 
     Law 108-7), among the 4 categories of equipment, training, 
     exercises, and planning.
       (b) Approval of Reallocation Requests.--The Director shall 
     approve reallocation requests under subsection (a) in 
     accordance with the State plan and any other relevant factors 
     that the Secretary of Homeland Security determines to be 
     necessary.
       (c) Limitation.--A waiver under this section shall not 
     affect the obligation of a State to pass through 80 percent 
     of the amount appropriated for equipment to units of local 
     government.

     SEC. 409. CERTIFICATION RELATIVE TO THE SCREENING OF 
                   MUNICIPAL SOLID WASTE TRANSPORTED INTO THE 
                   UNITED STATES.

       (a) In General.--The Secretary of Homeland Security shall 
     deny entry into the United States of any commercial motor 
     vehicle (as defined in section 31101(1) of title 49, United 
     States Code) carrying municipal solid waste unless and until 
     the Secretary certifies to Congress that the methodologies 
     and technologies used by the Bureau of Customs and Border 
     Protection of the Department of Homeland Security to screen 
     for and detect the presence of chemical, nuclear, biological, 
     and radiological weapons in such waste are as effective as 
     the methodologies and technologies used by the Bureau to 
     screen for such materials in other items of commerce entering 
     into the United States by commercial motor vehicle transport.
       (b) Defined Term.--In this section, the term ``municipal 
     solid waste'' includes sludge (as defined in section 1004 of 
     the Solid Waste Disposal Act (42 U.S.C. 6903)).
                                 ______
                                 
  SA 3706. Mr. SPECTER (for himself, Mr. Shelby, Mr. Roberts, Mr. Bond, 
and Mr. Wyden) submitted an amendment intended to be proposed by him to 
the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 10, line 23, strike ``a principal'' and insert 
     ``the principal''.

[[Page 19445]]

       On page 10, line 26, strike ``and''.
       On page 11, strike line 1 and 2 and insert the following:
       (4) direct, oversee, and execute the National Intelligence 
     Program; and
       (5) supervise, direct, and control the operations of the 
     Central Intelligence Agency, the National Security Agency, 
     the National Geospatial-Intelligence Agency, the National 
     Reconnaissance Office, and the elements, components, and 
     programs of the Defense Intelligence Agency (other than the 
     defense attaches) engaged in the collection of national 
     intelligence, with the head of each such agency, element, 
     component, or program reporting directly to the National 
     Intelligence Director.
       On page 14, line 3, strike ``issue'' and insert ``direct''.
       On page 14, line 13, strike ``manage and oversee'' and 
     insert ``supervise, direct, and control''.
       On page 15, line 10, strike ``encourage and''.
       On page 16, line 5, strike ``condition of'' and insert 
     ``requirement for''.
       On page 19, line 6, strike ``and''.
       On page 19, between lines 6 and 7, insert the following:
       (20) review, approve, and manage the research and 
     development efforts of the intelligence community;
       (21) review, approve, and manage the acquisition programs 
     of the National Intelligence Program, including all 
     acquisitions of major systems by the intelligence community 
     covered by section 506A of the National Security Act of 1947 
     (50 U.S.C. 415a-1) or described in section 162 of this Act; 
     and
       On page 19, line 7, strike ``(20)'' and insert ``(22)''.
       On page 20, between lines 3 and 4, insert the following:
       (d) Responsibility for Performance of Specific Functions.--
     In carrying out responsibilities under this section, the 
     National Intelligence Director shall ensure--
       (1) through the National Security Agency (except as 
     otherwise directed by the President or the National Security 
     Council), the continued operation of an effective unified 
     organization for the conduct of signals intelligence 
     activities and shall ensure that the product is disseminated 
     in a timely manner to authorized recipients;
       (2) through the Defense Intelligence Agency (except as 
     otherwise directed by the President or the National Security 
     Council), effective management of human intelligence 
     activities (other than activities of the defense attaches, 
     which shall remain under the direction of the Secretary of 
     Defense) and other national intelligence collection 
     activities performed by the Defense Intelligence Agency;
       (3) through the National Geospatial-Intelligence Agency 
     (except as otherwise directed by the President or the 
     National Security Council), with appropriate representation 
     from the intelligence community, the continued operation of 
     an effective unified organization--
       (A) for carrying out tasking of imagery collection;
       (B) for the coordination of imagery processing and 
     exploitation activities;
       (C) for ensuring the dissemination of imagery in a timely 
     manner to authorized recipients; and
       (D) notwithstanding any other provision of law and 
     consistent with the policies, procedures, standards, and 
     other directives of the National Intelligence Director and 
     the Chief Information Officer of the National Intelligence 
     Authority, for--
       (i) prescribing technical architecture and standards 
     related to imagery intelligence and geospatial information 
     and ensuring compliance with such architecture and standards; 
     and
       (ii) developing and fielding systems of common concern 
     related to imagery intelligence and geospatial information; 
     and
       (4) through the National Reconnaissance Office (except as 
     otherwise directed by the President or the National Security 
     Council), the continued operation of an effective unified 
     organization for the research, development, acquisition, and 
     operation of overhead reconnaissance systems necessary to 
     satisfy the requirements of all elements of the intelligence 
     community.
       (e) National Intelligence Collection.--The National 
     Intelligence Director shall--
       (1) ensure the efficient and effective collection of 
     national intelligence using technical means, human sources, 
     and other lawful techniques;
       (2) provide overall direction for and coordinate the 
     collection of national intelligence through human sources by 
     elements of the intelligence community authorized to 
     undertake such collection; and
       (3) coordinate with other departments, agencies, and 
     elements of the United States Government which are authorized 
     to undertake such collection and ensure that the most 
     effective use is made of the resources of such departments, 
     agencies, and elements with respect to such collection, and 
     resolve operational conflicts regarding such collection.
       On page 20, line 4, strike ``(d)'' and insert ``(f)''.
       On page 32, beginning on line 8, strike ``oversee and 
     direct'' and all that follows through line 10 and insert 
     ``direct and coordinate''.
       On page 109, line 12, strike ``subject to paragraph (4),''
       On page 109, line 13, strike ``and''.
       On page 109, line 19, strike the period and insert ``; 
     and''.
       On page 109, between lines 19 and 20, insert the following:
       (D) ensure compliance with section 506A of the National 
     Security Act of 1947 (50 U.S.C. 415a-1).
       On page 110, strike lines 4 through 19 and insert the 
     following:
       (3) With respect to the acquisition of a major system (as 
     that term is defined in section 506A(e) of the National 
     Security Act of 1947), the National Intelligence Director may 
     delegate a duty, responsibility, or authority under this 
     section or any other provision of law only to the Principal 
     Deputy National Intelligence Director or to another Deputy 
     National Intelligence Director specified by the Director.
       (4) In this subsection:
       On page 111, line 1, strike ``whole'' and insert ``whole or 
     in part''.
       On page 111, line 3, strike ``The term'' and insert 
     ``Except for purposes of paragraph (3), the term''.
       On page 179, strike lines 1 through 4 and insert the 
     following:
       ``(b) Supervision.--(1) The Director of the Central 
     Intelligence Agency shall be under the direction, 
     supervision, and control of the National Intelligence 
     Director.
       ``(2) The Director of the Central Intelligence Agency shall 
     report directly to the National Intelligence Director 
     regarding the activities of the Central Intelligence Agency.
       On page 179, line 20, add ``and'' at the end.
       On page 179, strike line 21 and all that follows through 
     page 180, line 6.
       On page 180, line 7, strike ``(4)'' and insert ``(3)''.
       On page 181, strike lines 1 through 10.
       On page 196, between lines 19 and 20, insert the following:

     SEC. 304. NATIONAL SECURITY AGENCY.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended by inserting after the first section the 
     following new sections:
       ``Sec. 2. There is a National Security Agency.
       ``Sec. 3. (a) The Director of the National Security Agency 
     is the head of the National Security Agency.
       ``(b)(1) The Director of the National Security Agency shall 
     be under the direction, supervision, and control of the 
     National Intelligence Director.
       ``(2) The Director of the National Security Agency shall 
     report directly to the National Intelligence Director 
     regarding the activities of the National Security Agency.''.

     SEC. 305. DEFENSE INTELLIGENCE AGENCY.

       (a) Supervision.--Except as provided in subsection (b), the 
     Director of the Defense Intelligence Agency shall be under 
     the direction, supervision, and control of the National 
     Intelligence Director regarding the national intelligence 
     collection mission of the Defense Intelligence Agency.
       (b) Defense Attaches.--With respect to the activities of 
     the defense attaches, the Director of the Defense 
     Intelligence Agency shall be under the direction, 
     supervision, and control of the Secretary of Defense.
       (c) Line of Authority.--The Director of the Defense 
     Intelligence Agency shall report directly to the National 
     Intelligence Director with respect to any programs, 
     operations, and elements of the Directorate for Human 
     Intelligence and the Directorate for MASINT and Technical 
     Collection of the Defense Intelligence Agency that carry out 
     the national intelligence collection mission of the Defense 
     Intelligence Agency, other than those specified in subsection 
     (b).

     SEC. 306. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

       (a) Supervision and Control by National Intelligence 
     Director.--(1) Section 441 of title 10, United States Code, 
     is amended by striking subsection (c) and inserting the 
     following new subsection (c):
       ``(c) Supervision.--(1) The Director of the National 
     Geospatial-Intelligence Agency shall be under the direction, 
     supervision, and control of the National Intelligence 
     Director.
       ``(2) The Director of the National Geospatial-Intelligence 
     Agency shall report directly to the National Intelligence 
     regarding the activities of the National Geospatial-
     Intelligence Agency.''.
       (2) Such title is further amended by striking ``Secretary 
     of Defense'' each place it appears in the following 
     provisions and inserting ``National Intelligence Director'':
       (A) Section 453(a).
       (B) Section 453(b)(1).
       (C) Section 454.
       (D) Section 455(b)(1), both places it appears.
       (E) Section 462, the first place it appears.
       (b) Support.--Section 444 of such title is amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears and inserting ``Director of the Central Intelligence 
     Agency''.
       (c) Other Amendments.--(1) Subsection (d) of section 441 of 
     such title is amended by striking ``The Secretary of Defense, 
     in consultation with the Director of Central Intelligence,'' 
     and inserting ``The National Intelligence Director''.

[[Page 19446]]

       (2) Section 442(b) of such title is amended by striking 
     ``Secretary of Defense'' and inserting ``National 
     Intelligence Director, in coordination with the Secretary of 
     Defense''.
       (3) Section 443(d) of such title is amended--
       (A) in the subsection caption, by striking ``Central 
     Intelligence'' and inserting ``Central Intelligence Agency''; 
     and
       (B) by striking ``of the Agency shall coordinate with the 
     Director of Central Intelligence'' and inserting ``of the 
     National Geospatial-Intelligence Agency shall coordinate with 
     the Director of the Central Intelligence Agency''.
       (4) Section 451 of such title is amended by striking 
     ``Secretary of Defense'' and inserting ``National 
     Intelligence Director, in coordination with the Secretary of 
     Defense,''.
       (5) Section 452(a) of such title is amended--
       (A) by striking ``of the Department of Defense''; and
       (B) by striking ``Secretary of Defense'' and inserting 
     ``National Intelligence Director''.
       (6) Section 455(b)(1) of such title is amended by striking 
     ``Department of Defense'' and inserting ``United States 
     Government''.
       (7) Section 457(a) of such title is amended by striking 
     ``Secretary of Defense'' and inserting ``Director of the 
     National Geospatial-Intelligence Agency, in coordination with 
     the National Intelligence Director,''.
       (8) Section 462 of such title is further amended by 
     striking ``by the Secretary of Defense''.

     SEC. 307. NATIONAL RECONNAISSANCE OFFICE.

       (a) Supervision.--The Director of the National 
     Reconnaissance Office shall be under the direction, 
     supervision, and control of the National Intelligence 
     Director.
       (b) Line of Authority.--The Director of the National 
     Reconnaissance Office shall report directly to the National 
     Intelligence Director regarding the activities of the 
     National Reconnaissance Office.
       On page 196, line 20, strike ``304.'' and insert ``308.''.
       On page 197, line 8, strike ``305.'' and insert ``309.''.
       On page 198, line 19, strike ``306.'' and insert ``310.''.
       On page 200, line 5, strike ``307.'' and insert ``311.''.
       On page 200, strike lines 9 through 11 and insert the 
     following:
       (a) In General.--Subsection (a) of section 105 of the 
     National Security Act of 1947 (50 U.S.C. 403-5) is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (2) by striking paragraph (1) and inserting the following 
     new paragraphs:
       ``(1) ensure that--
       ``(A) the budgets of the elements of the intelligence 
     community within the Department of Defense relating to the 
     tactical intelligence activities of such elements are 
     adequate to satisfy the tactical intelligence needs of the 
     Department of Defense, including the needs of the chairman of 
     the Joint Chiefs of Staff and the commanders of the unified 
     and specified commands; and
       ``(B) the budgets of the elements of the intelligence 
     community within the Department of Defense relating to the 
     intelligence and intelligence-related activities of such 
     elements--
       ``(i) comply with the requirements and priorities specified 
     by the Director with respect to the National Intelligence 
     Program; and
       ``(ii) conform, to the maximum extent, to the guidance 
     provided by the Director to such elements on those portions 
     of their budgets in the Joint Military Intelligence Program 
     and the Tactical Intelligence and Related Activities Program;
       ``(2) ensure that the national intelligence needs of the 
     Department of Defense, including the needs of the chairman of 
     the Joint Chiefs of Staff and the commanders of the unified 
     and specified commands, are conveyed to the Director for 
     purposes of setting requirements and priorities for national 
     intelligence;'';
       (3) in paragraph (3), as so redesignated, by striking 
     ``appropriate''; and
       (4) in paragraph (5), as so redesignated, by inserting 
     ``and comply with the national intelligence decisions of the 
     Director'' before the semicolon.
       (b) Specific Functions.--Subsection (b) of such section is 
     amended--
       (1) by striking paragraphs (1), (2), and (3);
       (2) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (1), (2), and (3) respectively;
       (3) in paragraph (1), as so redesignated, by striking ``or 
     the National Security Council)'' and inserting ``, the 
     National Security Council, or the National Intelligence 
     Director (when exercising the responsibilities and 
     authorities provided under this Act, the National 
     Intelligence Reform Act of 2004, or any other provision of 
     law))''; and
       (4) in paragraph (2), as so redesignated, by striking 
     ``Department of Defense human intelligence activities, 
     including''.
       (c) Annual Evaluation of Performance of Certain 
     Officials.--Such section is further amended by adding at the 
     end the following new subsection:
       ``(d) Annual Evaluation of Performance of Certain 
     Officials.--(1) The Secretary of Defense shall, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     submit each year to the National Security Council, the 
     National Intelligence Director, and the appropriate 
     committees of Congress an evaluation of the performance and 
     responsiveness to military intelligence requirements of the 
     officials specified in paragraph (2).
       ``(2) The officials specified in this paragraph are as 
     follows:
       ``(A) The Director of the Central Intelligence Agency.
       ``(B) The Director of the National Security Agency.
       ``(C) The Director of the Defense Intelligence Agency.
       ``(D) The Director of the National Geospatial-Intelligence 
     Agency.
       ``(E) The Director of the National Reconnaissance Office.
       On page 200, line 12, strike ``308.'' and insert ``312.''.
       On page 200, line 19, strike ``309.'' and insert ``313.''.
       On page 201, line 11, strike ``310.'' and insert ``314.''.
       On page 203, between lines 8 and 9, insert the following:

     SEC. 315. OVERSIGHT OF COMBAT SUPPORT AGENCIES OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Oversight.--(1) Chapter 8 of title 10, United States 
     Code, is amended by inserting after section 193 the following 
     new section:

     ``Sec. 193a. Combat support agencies of the intelligence 
       community: oversight

       ``(a) Combat Readiness.--(1) Every two years (or sooner, if 
     approved by the National Intelligence Director), the Chairman 
     of the Joint Chiefs of Staff shall, in consultation with the 
     Secretary of Defense, submit to the National Intelligence 
     Director a report on the combat support agencies of the 
     intelligence community. Each report shall include--
       ``(A) a determination with respect to the responsiveness 
     and readiness of each such agency to support operating forces 
     in the event of a war or threat to national security; and
       ``(B) any recommendations that the Chairman considers 
     appropriate.
       ``(2) In preparing each report, the Chairman shall review 
     the plans of each combat support agency of the intelligence 
     community with respect to its support of operating forces in 
     the event of a war or threat to national security. After 
     consultation with the Secretaries of the military departments 
     and the commanders of the unified and specified combatant 
     commands, as appropriate, the Chairman may, with the approval 
     of the Secretary of Defense, provide the National 
     Intelligence Director any recommendations for modifications 
     of such plans that the Chairman considers appropriate.
       ``(b) Participation in Joint Training Exercises.--The 
     Chairman shall, with the cooperation of the National 
     Intelligence Director--
       ``(1) provide for the participation of the combat support 
     agencies of the intelligence community in joint training 
     exercises to the extent necessary to ensure that such 
     agencies are capable of performing their support missions 
     with respect to a war or threat to national security; and
       ``(2) assess the performance in joint training exercises of 
     each combat support agency of the intelligence community and, 
     in accordance with guidelines established by the Secretary of 
     Defense, take steps to provide the National Intelligence 
     Director recommendations for any change that the Chairman 
     considers appropriate to improve that performance.
       ``(c) Readiness Reporting System.--The Chairman shall 
     develop, in consultation with the director of each combat 
     support agency of the intelligence community, a uniform 
     system for reporting to the Secretary of Defense, the 
     commanders of the unified and specified combatant commands, 
     and the Secretaries of the military departments concerning 
     the readiness of each combat support agency of the 
     intelligence community to perform with respect to a war or 
     threat to national security.
       ``(d) Review of NSA, NGA, and NRO.--(1) Subsections (a), 
     (b), and (c) shall apply to the National Security Agency, the 
     National Geospatial-Intelligence Agency, and the National 
     Reconnaissance Office, but only with respect to combat 
     support functions that such agencies perform for the 
     Department of Defense.
       ``(2) The Secretary of Defense shall, in coordination with 
     the National Intelligence Director, establish policies and 
     procedures with respect to the application of subsections 
     (a), (b), and (c) to the National Security Agency, the 
     National Geospatial-Intelligence Agency, and the National 
     Reconnaissance Office.
       ``(e) Combat Support Capabilities of DIA, NSA, NGA, and 
     NRO.--The Secretary of Defense and the National Intelligence 
     Director shall jointly develop and implement such policies 
     and programs as they determine necessary to correct such 
     deficiencies as the Chairman of the Joint Chiefs of Staff and 
     other officials of the Department of Defense may identify in 
     the capabilities of the Defense Intelligence Agency, the 
     National Security Agency, the National Geospatial-
     Intelligence Agency, and the National Reconnaissance Office 
     to accomplish assigned missions in support of military combat 
     operations.
       ``(f) Combat Support Agency of the Intelligence Community 
     Defined.--In this section, the term `combat support agency of

[[Page 19447]]

     the intelligence community' means any of the following 
     agencies:
       ``(1) The National Security Agency.
       ``(2) The Defense Intelligence Agency.
       ``(3) The National Geospatial-Intelligence Agency.
       ``(4) The National Reconnaissance Office.''.
       (2) The table of sections at the beginning of subchapter I 
     of chapter 8 of such title is amended by inserting after the 
     item relating to section 193 the following new item:

``193a. Combat support agencies of the intelligence community: 
              oversight.''.

       (b) Conforming Amendments.--Section 193 of such title is 
     amended--
       (1) by striking subsections (d) and (e);
       (2) by redesignating subsection (f) as subsection (d); and
       (3) in subsection (d), as so redesignated--
       (A) by striking paragraphs (2) and (4); and
       (B) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively.
       On page 203, line 9, strike ``311.'' and insert ``316.''.
       On page 204, line 1, strike ``312.'' and insert ``317.''.
       On page 209, line 4, strike ``334.'' and insert ``333.''.
       On page 209, line 15, strike ``335.'' and insert ``334.''.
       On page 210, line 23, strike ``336.'' and insert ``315.''.
                                 ______
                                 
  SA 3707. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:
       On page 10, between lines 16 and 17, insert the following:
       (d) Term of Office; Removal.--(1) The term of service of 
     the National Intelligence Director shall be ten years.
       (2) An individual may not serve more than one term of 
     service as National Intelligence Director.
       (3) Paragraphs (1) and (2) shall apply with respect to any 
     individual appointed as National Intelligence Director after 
     the date of the enactment of this Act.
       (4) If the individual serving as Director of Central 
     Intelligence on the date of the enactment of this Act is the 
     first person appointed as National Intelligence Director 
     under this section, the date of appointment of such 
     individual as National Intelligence Director shall be deemed 
     to be the date of the commencement of the term of service of 
     such individual as National Intelligence Director.
       (5) The individual serving as National Intelligence 
     Director may be removed from service as National Intelligence 
     Director only for good cause shown.
       On page 10, line 17, strike ``(d)'' and insert ``(e)''.
       On page 11, line 3, strike ``(e)'' and insert ``(f)''.
       On page 11, line 5, strike ``subsection (c)'' and insert 
     ``subsection (e)''.
                                 ______
                                 
  SA 3708. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 13 after line 19 insert the following:
       ``(a) In General.--Subtitle B of title VI of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5197 et seq.) is amended by adding at the end the 
     following:''

                          ____________________