[Congressional Record (Bound Edition), Volume 150 (2004), Part 15]
[Senate]
[Pages 20747-20760]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3957. Ms. COLLINS (for herself 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:

       On page 5, beginning on line 15, strike ``and the 
     Department of Energy'' and insert ``the Department of Energy, 
     and the Coast Guard''.
       On page 5, beginning on line 23, strike ``including the 
     Office of Intelligence of the Coast Guard''.
       On page 6, line 10, insert ``, as determined consistent 
     with any guidelines issued by the President,'' before ``to 
     the interests''.
       On page 9, beginning on line 13, strike 
     ``counterterrorism'' and all that follows through ``foreign 
     intelligence'' on line 15 and insert ``intelligence 
     activities of the United States Government between 
     intelligence activities located abroad and intelligence''.
       On page 10, line 23, strike ``a principal'' and insert 
     ``the principal''.
       On page 12, line 18, insert ``of'' before ``the National 
     Intelligence Program''.
       On page 13, line 12, insert ``appropriations for'' after 
     ``oversee''.
       On page 20, beginning on line 12, strike ``related to the 
     national security which is''.
       On page 21, line 23, strike ``(4)'' and insert ``(5)''.
       On page 22, line 3, strike ``(5)'' and insert ``(6)''.
       On page 25, line 10, strike ``head of the''.
       On page 28, line 17, strike ``or'' and insert ``and''.
       On page 30, line 24, strike ``205'' and insert ``206''.
       On page 31, line 23, strike ``205'' and insert ``206 and 
     the Clinger-Cohen Act (divisions D and E of Public Law 104-
     106; 110 Stat. 642)''.
       On page 32, beginning on line 13, strike ``on all matters'' 
     and all that follows through line 15 and insert ``or 
     international organizations on all matters involving 
     intelligence related to the national security.''.

[[Page 20748]]

       On page 32, beginning on line 21, strike ``head of each 
     element of the intelligence community'' and insert ``head of 
     any department, agency, or other element of the United States 
     Government''.
       On page 59, line 20, strike ``309'' and insert ``310''.
       On page 87, line 8, insert ``and analytic'' after 
     ``intelligence collection''.
       On page 93, line 17, insert ``of'' before ``electronic 
     access''.
       On page 96, beginning on line 13, strike ``National 
     Security Council'' and insert ``President''.
       On page 99, line 25, strike ``National Security Council'' 
     and insert ``President''.
       On page 134, strike lines 6 through 9 and insert the 
     following:
       (1) in consultation with the Executive Council, issue 
     guidelines--
       (A) for acquiring, accessing, sharing, and using 
     information, including
       On page 153, between lines 2 and 3, insert the following:

     SEC. 207. PERMANENT AUTHORITY FOR PUBLIC INTEREST 
                   DECLASSIFICATION BOARD.

       (a) In General.--Section 710 of the Public Interest 
     Declassification Act of 2000 (title VII of Public Law 106-
     567; 50 U.S.C. 435 note) is amended--
       (1) by striking ``(a) Effective Date.--''; and
       (2) by striking subsection (b).
       (b) Conforming Amendment.--The head of such section is 
     amended by striking ``; SUNSET''.
       On page 154, line 16, strike ``section 205(g)'' and insert 
     ``subsections (e) and (g) of section 205''.
       On page 154, line 21, strike ``section 205(g)'' and insert 
     ``subsections (e) and (g) of section 205''.
       On page 156, line 4, strike ``section 205(g)'' and insert 
     ``subsections (e) and (g) of section 205''.
       On page 170, line 19, strike ``and independent'' and insert 
     ``independent''.
       On page 171, beginning on line 1, strike ``and 
     independent'' and insert ``independent''.
       On page 171, beginning on line 8, strike ``and 
     independent'' and insert ``independent''.
       On page 171, line 14, strike ``objective and independent'' 
     and insert ``timely, objective, independent''.
       On page 171, line 20, strike ``and independent'' and insert 
     ``independent''.
       On page 175, strike lines 8 through 17 and insert the 
     following:
       (2) Covered information.--
       (A) In general.--Except as provided in subparagraph (B), 
     paragraph (1) applies to information, including classified 
     information, that an employee reasonably believes provides 
     direct and specific evidence of--
       (i) a false or inaccurate statement to Congress contained 
     in any intelligence assessment, report, or estimate; or
       (ii) the withholding from Congress of any intelligence 
     information material to any intelligence assessment, report, 
     or estimate.
       (B) Exception.--Paragraph (1) does not apply to information 
     the disclosure of which is prohibited by rule 6(e) of the 
     Federal Rules of Criminal Procedure.
       On page 177, after line 17, add the following:

    Subtitle D--Homeland Security Civil Rights and Civil Liberties 
                               Protection

     SEC. 231. SHORT TITLE.

       This title may be cited as the ``Homeland Security Civil 
     Rights and Civil Liberties Protection Act of 2004''.

     SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.

       Section 101(b)(1) of the Homeland Security Act of 2002 (6 
     U.S.C. 111(b)(1)) is amended--
       (1) in subparagraph (F), by striking ``and'' after the 
     semicolon;
       (2) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (F) the following:
       ``(G) ensure that the civil rights and civil liberties of 
     persons are not diminished by efforts, activities, and 
     programs aimed at securing the homeland; and''.

     SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

       Section 705(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 345(a)) is amended--
       (1) by amending the matter preceding paragraph (1) to read 
     as follows:
       ``(a) In General.--The Officer for Civil Rights and Civil 
     Liberties, who shall report directly to the Secretary, 
     shall--'';
       (2) by amending paragraph (1) to read as follows:
       ``(1) review and assess information concerning abuses of 
     civil rights, civil liberties, and profiling on the basis of 
     race, ethnicity, or religion, by employees and officials of 
     the Department;'';
       (3) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (4) by adding at the end the following:
       ``(3) assist the Secretary, directorates, and offices of 
     the Department to develop, implement, and periodically review 
     Department policies and procedures to ensure that the 
     protection of civil rights and civil liberties is 
     appropriately incorporated into Department programs and 
     activities;
       ``(4) oversee compliance with constitutional, statutory, 
     regulatory, policy, and other requirements relating to the 
     civil rights and civil liberties of individuals affected by 
     the programs and activities of the Department;
       ``(5) coordinate with the Privacy Officer to ensure that--
       ``(A) programs, policies, and procedures involving civil 
     rights, civil liberties, and privacy considerations are 
     addressed in an integrated and comprehensive manner; and
       ``(B) Congress receives appropriate reports regarding such 
     programs, policies, and procedures; and
       ``(6) investigate complaints and information indicating 
     possible abuses of civil rights or civil liberties, unless 
     the Inspector General of the Department determines that any 
     such complaint or information should be investigated by the 
     Inspector General.''.

     SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY 
                   OFFICE OF INSPECTOR GENERAL.

       Section 8I of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is amended by adding at the end the following:
       ``(f)(1) The Inspector General of the Department of 
     Homeland Security shall designate a senior official within 
     the Office of Inspector General, who shall be a career member 
     of the civil service at the equivalent to the GS-15 level or 
     a career member of the Senior Executive Service, to perform 
     the functions described in paragraph (2).
       ``(2) The senior official designated under paragraph (1) 
     shall--
       ``(A) coordinate the activities of the Office of Inspector 
     General with respect to investigations of abuses of civil 
     rights or civil liberties;
       ``(B) receive and review complaints and information from 
     any source alleging abuses of civil rights and civil 
     liberties by employees or officials of the Department and 
     employees or officials of independent contractors or grantees 
     of the Department;
       ``(C) initiate investigations of alleged abuses of civil 
     rights or civil liberties by employees or officials of the 
     Department and employees or officials of independent 
     contractors or grantees of the Department;
       ``(D) ensure that personnel within the Office of Inspector 
     General receive sufficient training to conduct effective 
     civil rights and civil liberties investigations;
       ``(E) consult with the Officer for Civil Rights and Civil 
     Liberties regarding--
       ``(i) alleged abuses of civil rights or civil liberties; 
     and
       ``(ii) any policy recommendations regarding civil rights 
     and civil liberties that may be founded upon an investigation 
     by the Office of Inspector General;
       ``(F) provide the Officer for Civil Rights and Civil 
     Liberties with information regarding the outcome of 
     investigations of alleged abuses of civil rights and civil 
     liberties;
       ``(G) refer civil rights and civil liberties matters that 
     the Inspector General decides not to investigate to the 
     Officer for Civil Rights and Civil Liberties;
       ``(H) ensure that the Office of the Inspector General 
     publicizes and provides convenient public access to 
     information regarding--
       ``(i) the procedure to file complaints or comments 
     concerning civil rights and civil liberties matters; and
       ``(ii) the status of corrective actions taken by the 
     Department in response to Office of the Inspector General 
     reports; and
       ``(I) inform the Officer for Civil Rights and Civil 
     Liberties of any weaknesses, problems, and deficiencies 
     within the Department relating to civil rights or civil 
     liberties.''.

     SEC. 235. PRIVACY OFFICER.

       Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 
     142) is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     who shall report directly to the Secretary,'' after ``in the 
     Department'';
       (2) in paragraph (4), by striking ``and'' at the end;
       (3) by redesignating paragraph (5) as paragraph (6); and
       (4) by inserting after paragraph (4) the following:
       ``(5) coordinating with the Officer for Civil Rights and 
     Civil Liberties to ensure that--
       ``(A) programs, policies, and procedures involving civil 
     rights, civil liberties, and privacy considerations are 
     addressed in an integrated and comprehensive manner; and
       ``(B) Congress receives appropriate reports on such 
     programs, policies, and procedures; and''.
       On page 180, line 8, strike ``pertaining to intelligence 
     relating to'' and insert ``related to intelligence 
     affecting''.
       On page 181, beginning on line 8, strike ``on all matters'' 
     and all that follows through line 10 and insert ``or 
     international organizations on all matters involving 
     intelligence related to the national security.'.''.
       On page 201, strike line 14 through 20 and insert the 
     following:
       (a) Appointment of National Counterintelligence 
     Executive.--Section 902(a) of the Counterintelligence 
     Enhancement Act of 2002 (title IX of Public Law 107-306; 116 
     Stat,. 2432; 50 U.S.C. 402b) is amended--
       (1) by striking ``President'' and inserting ``National 
     Intelligence Director''; and
       (2) by striking ``Director of Central Intelligence'' and 
     inserting ``Director of the Central Intelligence Agency''.
       On page 205, line 1, strike ``COUNTERTERRORISM'' and insert 
     ``COUNTERINTELLIGENCE''.

[[Page 20749]]

       On page 207, between lines 13 and 14, insert the following:
       ``The Director of the Central Intelligence Agency.
       On page 207, line 21, insert ``Deputy'' before 
     ``Director''.
       On page 44, strike line 24.
       On page 45, line 1, strike ``(6)'' and insert ``(5)''.
       On page 45, line 3, strike ``(7)'' and insert ``(6)''.
       On page 45, line 5, strike ``(8)'' and insert ``(7)''.
       On page 45, line 7, strike ``(9)'' and insert ``(8)''.
       On page 45, line 9, strike ``(10)'' and insert ``(9)''.
       On page 45, line 11, strike ``(11)'' and insert ``(10)''.
       On page 45, line 14, strike ``(12)'' and insert ``(11)''.
       On page 52, strike lines 1 through 20.
       On page 52, line 21, strike ``126.'' and insert ``125.''.
       On page 55, line 1, strike ``127.'' and insert ``126.''.
       On page 56, line 9, strike ``128.'' and insert ``127.''.
       On page 57, line 1, strike ``129.'' and insert ``128.''.
       On page 57, line 17, strike ``130.'' and insert ``129.''.
       On page 58, strike lines 3 through 9 and insert the 
     following:
       (c) Authorities and Functions.--The Chief Financial Officer 
     of the National Intelligence Authority shall--
       (1) have such authorities, and carry out such functions, 
     with respect to the National Intelligence Authority as are 
     provided for an agency Chief Financial Officer by section 902 
     of title 31, United States Code, and other applicable 
     provisions of law;
       (2) assist the National Intelligence Director in the 
     preparation and execution of the budget of the elements of 
     the intelligence community within the National Intelligence 
     Program;
       (3) assist the Director in participating in the development 
     by the Secretary of Defense of the annual budget for military 
     intelligence programs and activities outside the National 
     Intelligence Program;
       (4) provide unfettered access to the Director to financial 
     information under the National Intelligence Program; and
       (5) perform such other duties as may be prescribed by the 
     Director or specified by law.
       On page 59, line 15, strike ``131.'' and insert ``130.''.
       On page 202, line 16, strike ``131(b)'' and insert 
     ``130(b)''.
       On page 19, line 12, insert ``of access'' after ``grant''.
       On page 20, line 25, insert ``of'' after ``development''.
       On page 53, line 2, strike ``President'' and insert 
     ``National Intelligence Director''.
       On page 173, line 11, strike ``2'' and insert ``3''.
                                 ______
                                 
  SA 3958. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 4, strike lines 5 through 16 and insert the 
     following:
       (2) The term ``foreign intelligence'' means information 
     relating to the capabilities, intentions, or activities of 
     foreign governments or elements thereof, foreign 
     organizations, or foreign persons, or international terrorist 
     activities.
       (3) The term ``counterintelligence'' means foreign 
     intelligence gathered, and information gathering activities 
     conducted, to protect against espionage, other intelligence 
     activities, sabotage, or assassinations conducted by or on 
     behalf of foreign governments or elements thereof, foreign 
     organizations, or foreign persons, or international terrorist 
     activities.
       On page 6, line 12, strike ``counterintelligence or''.
       On page 6, beginning on line 17, strike ``expressly 
     provided for in this title'' and insert ``expressly provided 
     for in law''.
       On page 7, beginning on line 5, strike ``the Office of 
     Intelligence of the Federal Bureau of Investigation'' and 
     insert ``the Directorate of Intelligence of the Federal 
     Bureau of Investigation''.
       On page 8, between lines 6 and 7, insert the following:
       (8) The term ``certified intelligence officer'' means a 
     professional employee of an element of the intelligence 
     community who meets standards and qualifications set by the 
     National Intelligence Director.
       On page 120, beginning on line 17, strike ``, subject to 
     the direction and control of the President,''.
       On page 123, between lines 6 and 7, insert the following:
       (e) Discharge of Improvements.--(1) The Director of the 
     Federal Bureau of Investigation shall carry out subsections 
     (b) through (d) through the head of the Directorate of 
     Intelligence of the Federal Bureau of Investigation.
       (2) The Director of the Federal Bureau of Investigation 
     shall carry out subsections (b) through (d) under the joint 
     guidance of the Attorney General and the National 
     Intelligence Director in a manner consistent with section 
     112(a)(8).
       On page 123, line 7, strike ``(e)'' and insert ``(f)''.
       On page 123, line 17, strike ``(f)'' and insert ``(g)''.
       On page 126, between lines 20 and 21, insert the following:

     SEC. 206. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU 
                   OF INVESTIGATION.

       (a) Directorate of Intelligence of Federal Bureau of 
     Investigation.--The element of the Federal Bureau of 
     Investigation known as of the date of the enactment of this 
     Act as the Office of Intelligence is hereby redesignated as 
     the Directorate of Intelligence of the Federal Bureau of 
     Investigation.
       (b) Head of Directorate.--The head of the Directorate of 
     Intelligence shall be the Executive Assistant Director for 
     Intelligence of the Federal Bureau of Investigation.
       (c) Responsibilities.--The Directorate of Intelligence 
     shall be responsible for the following:
       (1) Supervision of all national intelligence programs, 
     projects, and activities of the Bureau.
       (2) The discharge by the Bureau of the requirements in 
     section 105B of the National Security Act of 1947 (50 U.S.C. 
     403-5b).
       (3) The oversight of Bureau field intelligence operations.
       (4) Coordinating human source development and management by 
     the Bureau.
       (5) Coordinating collection by the Bureau against 
     nationally-determined intelligence requirements.
       (6) Strategic analysis.
       (7) Intelligence program and budget management.
       (8) The intelligence workforce.
       (9) Any other responsibilities specified by the Director of 
     the Federal Bureau of Investigation or specified by law.
       (d) Staff.--The Directorate of Intelligence shall consist 
     of such staff as the Director of the Federal Bureau of 
     Investigation considers appropriate for the activities of the 
     Directorate.
       On page 196, strike line 20 and all that follows through 
     page 197, line 7, and insert the following:

     SEC. 304. MODIFICATION OF COUNTERINTELLIGENCE AND NATIONAL 
                   INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 
                   1947.

       Section 3 of the National Security Act of 1947 (50 U.S.C. 
     401a) is amended--
       (1) by striking paragraph (3) and inserting the following 
     new paragraph (3):
       ``(3) The term `counterintelligence' means foreign 
     intelligence gathered, and information gathering activities 
     conducted, to protect against espionage, other intelligence 
     activities, sabotage, or assassinations conducted by or on 
     behalf of foreign governments or elements thereof, foreign 
     organizations, or foreign persons, or international terrorist 
     activities.''; and
       (2) in paragraph (5)(B)--
       (A) by striking ``counterintelligence or''; and
       (B) by striking ``expressly provided for in this title'' 
     and insert ``expressly provided for in law''.
                                 ______
                                 
  SA 3959. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPTROLLER GENERAL STUDY AND REPORT.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study that examines--
       (1) detention alternatives for monitoring aliens who do not 
     require a secure detention setting while they are awaiting 
     hearings during removal proceedings or the appeals process, 
     including--
       (A) electronic monitoring devices;
       (B) home visits;
       (C) work visits; and
       (D) reporting by telephone;
       (2) the effectiveness of the Intensive Supervision 
     Appearance Program of the Bureau of Immigration and Customs 
     Enforcement, Department of Homeland Security; and
       (3) any other matters that the Comptroller General 
     considers appropriate.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to Congress that contains--
       (1) the results of the study conducted under subsection 
     (a);
       (2) any recommendations, including recommendations for 
     administrative and legislative action, that the Comptroller 
     General considers appropriate.
                                 ______
                                 
  SA 3960. Mr. CORNYN submitted an amendment intended to be proposed by

[[Page 20750]]

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

       At the appropriate place, insert:

             TITLE IV--HUMAN SMUGGLING PENALTY ENHANCEMENT

     SEC. 401. SHORT TITLE.

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

     SEC. 402. ENHANCED PENALTIES FOR ALIEN SMUGGLING.

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

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

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

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

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

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

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

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

       (a) Directive to United States Sentencing Commission.--
     Pursuant to its authority under section 994(p) of title 18, 
     United States Code, and in accordance with this section, the 
     United States Sentencing Commission shall review and, as 
     appropriate, amend the Federal Sentencing Guidelines and 
     related policy statements to implement the provisions of this 
     title.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that the Sentencing Guidelines and Policy 
     Statements reflect--
       (A) the serious nature of the offenses and penalties 
     referred to in this title;
       (B) the growing incidence of alien smuggling offenses; and
       (C) the need to deter, prevent, and punish such offenses;
       (2) consider the extent to which the Sentencing Guidelines 
     and Policy Statements adequately address whether the 
     guideline offense levels and enhancements for violations of 
     the sections amended by this title--
       (A) sufficiently deter and punish such offenses; and
       (B) adequately reflect the enhanced penalties established 
     under this title;
       (3) maintain reasonable consistency with other relevant 
     directives and sentencing guidelines;
       (4) account for any additional aggravating or mitigating 
     circumstances that might justify exceptions to the generally 
     applicable sentencing ranges;
       (5) make any necessary conforming changes to the Sentencing 
     Guidelines; and
       (6) ensure that the Sentencing Guidelines adequately meet 
     the purposes of sentencing under section 3553(a)(2) of title 
     18, United States Code.
                                 ______
                                 
  SA 3961. Mr. ENSIGN (for himself, Mr. Sessions, Mr. Grassley, Mr. 
Chambliss, and Mr. Reid) submitted an amendment intended to be proposed 
by him to the bill S. 2845, to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

                        TITLE IV--OTHER MATTERS

     SEC. 401. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR 
                   OFFICERS.

       (a) Increased Number of Consular Officers.--The Secretary 
     of State, in each of fiscal years 2006 through 2009, may 
     increase by 150 the number of positions for consular officers 
     above the number of such positions for which funds were 
     allotted for the preceding fiscal year.
       (b) Limitation on Use of Foreign Nationals for Visa 
     Screening.--
       (1) Immigrant visas.--Subsection (b) of section 222 of the 
     Immigration and Nationality Act (8 U.S.C. 1202) is amended by 
     adding at the end the following: ``All immigrant visa 
     applications shall be reviewed and adjudicated by a consular 
     officer.''.
       (2) Nonimmigrant visas.--Subsection (d) of such section is 
     amended by adding at the end the following: ``All 
     nonimmigrant visa applications shall be reviewed and 
     adjudicated by a consular officer.''.
       (c) Training for Consular Officers in Detection of 
     Fraudulent Documents.--Section 305(a) of the Enhanced Border 
     Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) 
     is amended by adding at the end the following: ``As part of 
     the consular training provided to such officers by the 
     Secretary of State, such officers shall also receive training 
     in detecting fraudulent documents and general document 
     forensics and shall be required as part of such training to 
     work with immigration officers conducting inspections of 
     applicants for admission into the United States at ports of 
     entry.''.
       (d) Assignment of Anti-Fraud Specialists.--
       (1) Survey regarding document fraud.--The Secretary of 
     State, in coordination with the Secretary of Homeland 
     Security, shall conduct a survey of each diplomatic and 
     consular post at which visas are issued to assess the extent 
     to which fraudulent documents are presented by visa 
     applicants to consular officers at such posts.
       (2) Requirement for specialist.--
       (A) In general.--Not later than July 31, 2005, the 
     Secretary of State shall, in coordination with the Secretary 
     of Homeland Security, identify the diplomatic and consular 
     posts at which visas are issued that experience the greatest 
     frequency of presentation of fraudulent documents by visa 
     applicants. The Secretary of State shall assign or designate 
     at each such post at least one full-time anti-fraud 
     specialist employed by the Department of State to assist the 
     consular officers at each such post in the detection of such 
     fraud.
       (B) Exceptions.--The Secretary of State is not required to 
     assign or designate a specialist as described in subparagraph 
     (A) at a diplomatic and consular post if an employee of the 
     Department of Homeland Security is assigned on a full-time 
     basis to such post under the authority in section 428 of the 
     Homeland Security Act of 2002 (6 U.S.C. 236).

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

       In each of fiscal years 2006 through 2010, the Secretary of 
     Homeland Security shall, subject to the availability of 
     appropriations for such purpose, increase by not less than 
     2,000 the number of positions for full-time active duty 
     border patrol agents within the Department of Homeland 
     Security above the number of such positions for which funds 
     were made available during the preceding fiscal year. Of the 
     additional border patrol agents, in each fiscal year not less 
     than 20 percent of such agents shall be assigned to duty 
     stations along the northern border of the United States.

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

       In each of fiscal years 2006 through 2010, the Secretary of 
     Homeland Security shall, subject to the availability of 
     appropriations for such purpose, increase by not less than 
     800 the number of positions for full-time active duty 
     investigators within the Department of Homeland Security 
     investigating violations of immigration laws (as defined in 
     section 101(a)(17) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(17)) above the number of such positions for 
     which funds were made available during the preceding fiscal 
     year.

[[Page 20751]]


                                 ______
                                 
  SA 3962. Ms. COLLINS (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 3809 proposed by Mr. 
Levin 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 1, line 3, strike ``military'' and all that follows 
     through page 2, line 9, and insert the following:

     uniformed services personnel, except that the Director may 
     transfer military positions or billets if such transfer is 
     for a period not to exceed three years; and
       (E) nothing in section 143(i) or 144(f) shall be construed 
     to authorize the Director to specify or require the head of a 
     department, agency, or element of the United States 
     Government to approve a request for the transfer, assignment, 
     or detail of uniformed services personnel, except that the 
     Director may take such action with regard to military 
     positions or billets if such transfer is for a period not to 
     exceed three years.
                                 ______
                                 
  SA 3963. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3876 proposed by Mr. Warner (for himself, Mr. Stevens, 
and Mr. Inouye) 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 1, strike line 4 and all that follows through page 
     2, line 2 and insert the following:
       Nothing in this Act, or the amendments made by this Act, 
     shall be construed to impair the authority of--
       (1) the Director of the Office of Management and Budget; or
       (2) except as otherwise provided in this Act, or the 
     amendments made by this Act, the principal officers of the 
     executive departments,
                                 ______
                                 
  SA 3964. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 3876 proposed by Mr. Warner (for himself, Mr. Stevens, 
and Mr. Inouye) 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 1, strike lines 4 through 6 and insert the 
     following:
       Except as otherwise provided by this Act, or the amendments 
     made by this Act, nothing in the Act, or the amendments made 
     by this Act, shall be construed to impair the authority of--
                                 ______
                                 
  SA 3965. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert:

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

       (iii) by adding at the end the following:
       ``(9) managing the Homeland Security Information 
     Clearinghouse established under section 801(d); and
       ``(10) managing the Noble Training Center in Fort 
     McClellan, Alabama.''
                                 ______
                                 
  SA 3966. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

       (a) Definitions.--Section 2339A(b) of title 18, United 
     States Code, is amended--
       (1) by striking ``Definition.--In this section, the term'' 
     and inserting the following: ``Definitions.--In this 
     section--
       ``(1) the term'';
       (2) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(2) the term `expert advice or assistance' means any act, 
     effort, or service--
       ``(A) by a person who, by reason of education, training, 
     experience, or profession, has scientific, technical, or 
     other specialized knowledge concerning the matter of science 
     or skill to which the act, effort, or service applies; and
       ``(B) that is directed at helping, furthering, guiding, or 
     enhancing the operation, management, financing, mission, or 
     performance, of terrorist activity by the terrorist or 
     foreign terrorist organization.
       ``(3) the term `training' means instruction or teaching in 
     a scientific, professional, technical, mechanical, trade, 
     clerical, fiscal, administrative, military, or other field 
     that is directed in any way at furthering, enhancing, or 
     improving the individual or organizational performance of 
     terrorist activity by the terrorist or foreign terrorist 
     organization; and
       ``(4) the term `personnel' means any third person that will 
     provide services to assist in, or in any way further, the 
     operation, management, financing, mission, or performance of 
     terrorist activity by the terrorist or foreign terrorist 
     organization.''.
       (b) Prohibited Activities.--Section 2339B(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``, within the United States or subject to 
     the jurisdiction of the United States, knowingly''; and
       (B) by inserting ``with the intention that such material 
     support or resources be used, or with the knowledge that such 
     material support or resources are to be used, in full or in 
     part, to further the terrorist activities of the 
     organization,'' after ``conspires to do so,''; and
       (2) by adding at the end the following:
       ``(3) Burden of proof.--A defendant shall not be found 
     guilty of violating paragraph (1) unless the United States 
     proves that the defendant has knowledge, that the 
     organization referred to in paragraph (1)--
       ``(A) is designated a `foreign terrorist organization' 
     under section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189); or
       ``(B) has engaged or does engage in international or 
     domestic terrorism.''.
                                 ______
                                 
  SA 3967. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. TERRORISM SUBPOENAS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by inserting after section 2332f the 
     following:

     ``Sec. 2332g. Terrorism subpoenas

       ``(a) Authorization of Use.--
       ``(1) In general.--In any terrorism investigation within 
     the jurisdiction of the Department of Justice, the Attorney 
     General may issue in writing and cause to be served a 
     subpoena requiring the production of any records or other 
     materials that the Attorney General, or designee, finds 
     relevant to the investigation, or requiring testimony by the 
     custodian of the materials to be produced concerning the 
     production and authenticity of those materials under the 
     circumstances set forth in paragraph (5).
       ``(2) Contents.--A subpoena issued under paragraph (1) 
     shall describe the records or items required to be produced 
     and may require production as soon as possible, but in no 
     event less than 24 hours after service of the subpoena unless 
     the subpoena recipient consents to production forthwith.
       ``(3) Delegation.--The Attorney General's authority to 
     issue terrorism subpoenas under this section may be 
     delegated, with authority to redelegate only to the following 
     officials:
       ``(A) Each United States attorney.
       ``(B) The Assistant Attorney General for the Criminal 
     Division.
       ``(C) The Director of the Federal Bureau of Investigation 
     or a designee of the Director.
       ``(4) Limitation on delegation.--The authority to issue 
     subpoenas under this section by the Federal Bureau of 
     Investigation is limited to circumstances under which the 
     issuer of the subpoena has a good faith belief for asserting, 
     and certifies on the face of the subpoena, that either--
       ``(A) an Assistant United States attorney was not readily 
     available at the time the subpoena was issued; or
       ``(B) a grand jury investigating the relevant matter was 
     not currently sitting in the district in which the subpoena 
     was being issued. If a subpoena is issued under this 
     subsection, the issuing agent must notify and provide a copy 
     of the subpoena to the United States attorney for the 
     district in which the terrorism investigation is being 
     conducted not later than 3 days after the date of issuance of 
     the subpoena.
       ``(5) Attendance of witnesses and production of records.--
       ``(A) In general.--The attendance of witnesses and the 
     production of records may be required from any place in any 
     State, or in any territory or other place subject to the 
     jurisdiction of the United States at any designated place of 
     hearing.
       ``(B) Limitation.--A witness shall not be required to 
     appear at any hearing more than 500 miles distant from the 
     place where the witness was served with a subpoena.
       ``(C) Reimbursement.--Witnesses summoned under this section 
     shall be paid the same fees and mileage that are paid to 
     witnesses in the courts of the United States.
       ``(b) Service.--

[[Page 20752]]

       ``(1) In general.--A subpoena issued under this section may 
     be served by any person designated in the subpoena as the 
     agent of service.
       ``(2) Service of subpoena.--
       ``(A) Natural person.--Service of a subpoena upon a natural 
     person may be made by personal delivery of the subpoena to 
     that person, or by certified mail with return receipt 
     requested.
       ``(B) Business entities and associations.--Service of a 
     subpoena may be made upon a domestic or foreign corporation, 
     or upon a partnership or other unincorporated association 
     that is subject to suit under a common name, by delivering 
     the subpoena to an officer, to a managing or general agent, 
     or to any other agent authorized by appointment or by law to 
     receive service of process.
       ``(C) Proof of service.--The affidavit of the person 
     serving the subpoena entered by that person on a true copy 
     thereof shall be sufficient proof of service.
       ``(c) Enforcement.--
       ``(1) In general.--In the case of the contumacy by, or 
     refusal to obey a subpoena issued to, any person, the 
     Attorney General may invoke the aid of any court of the 
     United States within the jurisdiction of which the 
     investigation is carried on, or the subpoenaed person 
     resides, carries on business, or may be found, to compel 
     compliance with the subpoena.
       ``(2) Order.--Any court of the United States described 
     under paragraph (1) may issue an order requiring the 
     subpoenaed person, in accordance with the subpoena, to 
     appear, to produce records, or to give testimony touching the 
     matter under investigation. Any failure to obey the order of 
     the court may be punished by the court as contempt thereof.
       ``(3) Service of process.--Any process under this 
     subsection may be served in any judicial district in which 
     the person may be found.
       ``(d) Nondisclosure Order.--
       ``(1) In general.--A United States district court, upon 
     application of the United States, may issue an ex parte order 
     that no person or entity disclose to any other person or 
     entity (other than to an attorney in order to obtain legal 
     advice) the existence of such summons for a period of up to 
     120 days if there is reason to believe that such disclosure 
     may result in a danger to the national security of the United 
     States, the endangerment to the life or physical security of 
     any person, flight to avoid prosecution, destruction of or 
     tampering with evidence, or intimidation of potential 
     witnesses.
       ``(2) Emergency nondisclosure authority.--Notwithstanding 
     any other provision of this title, when the Attorney General 
     or designee reasonably determines that--
       ``(A) an emergency situation exists with respect to the 
     issuance of a subpoena under this section in order to obtain 
     relevant information before an order authorizing 
     nondisclosure can with due diligence be obtained; and
       ``(B) the factual basis for issuance of a nondisclosure 
     order under this section exists,

     the Attorney General or designee may authorize the issuance 
     of a subpoena under this section and order that it not be 
     disclosed if an order in accordance with paragraph (1) is 
     made to a Federal district judge as soon as practicable, but 
     not later than 72 hours after the Attorney General or 
     designee authorizes the nondisclosure subpoena. Any 
     nondisclosure order issued by a district court under this 
     section shall be effective as if entered at the time the 
     subpoena was issued.
       ``(3) Notice of nondisclosure requirement.--The subpoena, 
     or an officer, employee, or agency of the United States in 
     writing, shall notify the person to whom the subpoena is 
     directed of the nondisclosure requirements under paragraph 
     (1).
       ``(4) Further applicability of nondisclosure 
     requirements.--Any person who receives a disclosure under 
     this subsection shall be subject to the same prohibitions on 
     disclosure under paragraph (1).
       ``(5) Enforcement of nondisclosure requirement.--Any person 
     who knowingly violates a nondisclosure order issued by a 
     district court shall be imprisoned for not more than 1 year. 
     If the violation is committed with the intent to obstruct an 
     investigation or judicial proceeding, the person shall be 
     imprisoned for not more than 5 years.
       ``(6) Nondisclosure extensions.--An order under this 
     subsection may be renewed for additional periods of up to 120 
     days upon a showing that the circumstances described in 
     paragraph (1) continue to exist. An officer, employee, or 
     agency of the United States in writing, shall notify the 
     person to whom the subpoena is directed when a nondisclosure 
     order is no longer effective.
       ``(e) Judicial Review.--
       ``(1) In general.--At any time before the return date 
     specified in a subpoena issued under this section, the person 
     or entity subpoenaed may, in the United States district court 
     for the district in which that person or entity does business 
     or resides, petition for an order modifying or setting aside 
     the subpoena.
       ``(2) Modification of nondisclosure requirement.--A 
     district court may modify or set aside a nondisclosure order 
     imposed under paragraph (1) or (2) of subsection (d) at the 
     request of a person to whom a subpoena has been directed if 
     the court finds that the reasons supporting the original 
     nondisclosure order no longer exist. The burden is on the 
     government to support the validity and continuity of any 
     nondisclosure orders under this section.
       ``(3) Review of government submissions.--In all proceedings 
     under this subsection, the court shall review the submission 
     of the Federal Government, which may include classified 
     information, ex parte and in camera.
       ``(f) Immunity From Civil Liability.--Any person, including 
     officers, agents, and employees of a non-natural person, who 
     in good faith produce the records or items requested in a 
     subpoena, shall not be liable in any court of any State or 
     the United States to any customer or other person for such 
     production, or for nondisclosure of that production to the 
     customer or other person.
       ``(g) Guidelines.--Not later than 6 months after the date 
     of enactment of this section, the Attorney General shall, by 
     rule, establish such guidelines as are necessary to ensure 
     the effective implementation of this section including 
     guidelines for effective retention and recordkeeping.
       ``(h) Information Sharing.--Information acquired by the 
     government under this section may be disclosed under the 
     exceptions and pursuant to the procedures set forth in rule 
     6(e)(3) of the Federal Rules of Criminal Procedure.
       ``(i) Congressional Oversight.--Not later than 1 year after 
     the date of enactment of this section, and annually 
     thereafter, the Attorney General shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives, that contains, 
     with respect to each preceding 12-month period--
       ``(1) the number of subpoenas issued by the Federal Bureau 
     of Investigation under subsection (a)(4);
       ``(2) any guidelines or changes to guidelines implemented 
     by the Attorney General under subsection (g); and
       ``(3) whether judicial enforcement of any terrorism 
     subpoena was pursued and the result of that litigation.''.
       (b) Amendment to Table of Sections.--The table of sections 
     of chapter 113B of title 18, United States Code, is amended 
     by inserting after the item relating to section 2332f the 
     following:

``2332g. Terrorism subpoenas.''.
                                 ______
                                 
  SA 3968. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, strike line 19 and all that follows through page 
     3, line 9.
                                 ______
                                 
  SA 3969. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3790 submitted by Mr. Kyl and intended to be proposed 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 5, strike line 14 and all that follows through page 
     12, line 9, and insert the following:

     SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISTS.

       (a) Definitions.--Section 2339A(b) of title 18, United 
     States Code, is amended--
       (1) by striking ``Definition.--In this section, the term'' 
     and inserting the following: ``Definitions.--In this 
     section--
       ``(1) the term'';
       (2) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(2) the term `expert advice or assistance' means any act, 
     effort, or service--
       ``(A) by a person who, by reason of education, training, 
     experience, or profession, has scientific, technical, or 
     other specialized knowledge concerning the matter of science 
     or skill to which the act, effort, or service applies; and
       ``(B) that is directed at helping, furthering, guiding, or 
     enhancing the operation, management, financing, mission, or 
     performance, of terrorist activity by the terrorist or 
     foreign terrorist organization.
       ``(3) the term `training' means instruction or teaching in 
     a scientific, professional, technical, mechanical, trade, 
     clerical, fiscal, administrative, military, or other field 
     that is directed in any way at furthering, enhancing, or 
     improving the individual or organizational performance of 
     terrorist activity by the terrorist or foreign terrorist 
     organization; and
       ``(4) the term `personnel' means any third person that will 
     provide services to assist in, or in any way further, the 
     operation, management, financing, mission, or performance of 
     terrorist activity by the terrorist or foreign terrorist 
     organization.''.
       (b) Prohibited Activities.--Section 2339B(a) of title 18, 
     United States Code, is amended--

[[Page 20753]]

       (1) in paragraph (1)--
       (A) by striking ``, within the United States or subject to 
     the jurisdiction of the United States, knowingly''; and
       (B) by inserting ``with the intention that such material 
     support or resources be used, or with the knowledge that such 
     material support or resources are to be used, in full or in 
     part, to further the terrorist activities of the 
     organization,'' after ``conspires to do so,''; and
       (2) by adding at the end the following:
       ``(3) Burden of proof.--A defendant shall not be found 
     guilty of violating paragraph (1) unless the United States 
     proves that the defendant has knowledge, that the 
     organization referred to in paragraph (1)--
       ``(A) is designated a `foreign terrorist organization' 
     under section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189); or
       ``(B) has engaged or does engage in international or 
     domestic terrorism.''.
                                 ______
                                 
  SA 3970. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 3782 proposed by Mr. Lautenberg 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 1, strike lines 4 through 7, and insert the 
     following:
       (a) In General.--Any Federal funds appropriated to the 
     Department of Homeland Security for grants or other 
     assistance shall be allocated based strictly on an assessment 
     of risks and vulnerabilities.
       (b) Preservation of Pre-9/11 Grant Programs.--This section 
     shall not be construed to affect any authority to award 
     grants under any Federal grant program listed under 
     subsection (c), 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.
       (c) Programs Included.--The programs referred to in 
     subsection (b) 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).
                                 ______
                                 
  SA 3971. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 3905 proposed by Mr. Lautenberg 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 3, beginning with line 20, strike through line 3 on 
     page 4, and insert the following:
       ``(a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall require imported merchandise, 
     excluding merchandise entered temporarily under bond 
     (including in bond), remaining on the wharf or pier onto 
     which it was unladen for more than 7 calendar days without 
     entry being filed to be removed from the wharf or pier and 
     deposited in the public stores, a general order warehouse, or 
     a centralized examination station where it shall be inspected 
     for determination of contents, and thereafter a permit for 
     its delivery may be granted.
                                 ______
                                 
  SA 3972. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert:

     SEC. 206. INFORMATION SHARING.

       (a) Definitions.--In this section:
       (1) Advisory board.--The term ``Advisory Board'' means the 
     Advisory Board on Information Sharing established under 
     subsection (i).
       (2) Executive council.--The term ``Executive Council'' 
     means the Executive Council on Information Sharing 
     established under subsection (h).
       (3) Homeland security information.--The term ``homeland 
     security information'' means all information, whether 
     collected, produced, or distributed by intelligence, law 
     enforcement, military, homeland security, or other activities 
     relating to--
       (A) the existence, organization, capabilities, plans, 
     intentions, vulnerabilities, means of finance or material 
     support, or activities of foreign or international terrorist 
     groups or individuals, or of domestic groups or individuals 
     involved in transnational terrorism;
       (B) threats posed by such groups or individuals to the 
     United States, United States persons, or United States 
     interests, or to those of other nations;
       (C) communications of or by such groups or individuals; or
       (D) groups or individuals reasonably believed to be 
     assisting or associated with such groups or individuals.
       (4) Network.--The term ``Network'' means the Information 
     Sharing Network described under subsection (c).
       (b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks upon the United States, 
     Congress makes the following findings:
       (1) The effective use of information, from all available 
     sources, is essential to the fight against terror and the 
     protection of our homeland. The biggest impediment to all-
     source analysis, and to a greater likelihood of ``connecting 
     the dots'', is resistance to sharing information.
       (2) The United States Government has access to a vast 
     amount of information, including not only traditional 
     intelligence but also other government databases, such as 
     those containing customs or immigration information. However, 
     the United States Government has a weak system for processing 
     and using the information it has.
       (3) In the period preceding September 11, 2001, there were 
     instances of potentially helpful information that was 
     available but that no person knew to ask for; information 
     that was distributed only in compartmented channels, and 
     information that was requested but could not be shared.
       (4) Current security requirements nurture over-
     classification and excessive compartmentalization of 
     information among agencies. Each agency's incentive structure 
     opposes sharing, with risks, including criminal, civil, and 
     administrative sanctions, but few rewards for sharing 
     information.
       (5) The current system, in which each intelligence agency 
     has its own security practices, requires a demonstrated 
     ``need to know'' before sharing. This approach assumes that 
     it is possible to know, in advance, who will need to use the 
     information. An outgrowth of the cold war, such a system 
     implicitly assumes that the risk of inadvertent disclosure 
     outweighs the benefits of wider sharing. Such assumptions are 
     no longer appropriate. Although counterintelligence concerns 
     are still real, the costs of not sharing information are also 
     substantial. The current ``need-to-know'' culture of 
     information protection needs to be replaced with a ``need-to-
     share'' culture of integration.
       (6) A new approach to the sharing of intelligence and 
     homeland security information is urgently needed. An 
     important conceptual model for a new ``trusted information 
     network'' is the Systemwide Homeland Analysis and Resource 
     Exchange (SHARE) Network proposed by a task force of leading 
     professionals assembled by the Markle Foundation and 
     described in reports issued in October 2002 and December 
     2003.
       (7) No single agency can create a meaningful information 
     sharing system on its own. Alone, each agency can only 
     modernize stovepipes, not replace them. Presidential 
     leadership is required to bring about governmentwide change.
       (c) Information Sharing Network.--
       (1) Establishment.--The President shall establish a trusted 
     information network and secure information sharing 
     environment to promote sharing of intelligence and homeland 
     security information in a manner consistent with national 
     security and the protection of privacy and civil liberties, 
     and based on clearly defined and consistently applied 
     policies and procedures, and valid investigative, analytical 
     or operational requirements.
       (2) Attributes.--The Network shall promote coordination, 
     communication and collaboration of people and information 
     among all relevant Federal departments and agencies, State, 
     tribal, and local authorities, and relevant private sector 
     entities, including owners and operators of critical 
     infrastructure, by using policy guidelines and technologies 
     that support--
       (A) a decentralized, distributed, and coordinated 
     environment that connects existing systems where appropriate 
     and allows users to share information among agencies, between 
     levels of government, and, as appropriate, with the private 
     sector;

[[Page 20754]]

       (B) the sharing of information in a form and manner that 
     facilitates its use in analysis, investigations and 
     operations;
       (C) building upon existing systems capabilities currently 
     in use across the Government;
       (D) utilizing industry best practices, including minimizing 
     the centralization of data and seeking to use common tools 
     and capabilities whenever possible;
       (E) employing an information access management approach 
     that controls access to data rather than to just networks;
       (F) facilitating the sharing of information at and across 
     all levels of security by using policy guidelines and 
     technologies that support writing information that can be 
     broadly shared;
       (G) providing directory services for locating people and 
     information;
       (H) incorporating protections for individuals' privacy and 
     civil liberties;
       (I) incorporating strong mechanisms for information 
     security and privacy and civil liberties guideline 
     enforcement in order to enhance accountability and facilitate 
     oversight, including--
       (i) multifactor authentication and access control;
       (ii) strong encryption and data protection;
       (iii) immutable audit capabilities;
       (iv) automated policy enforcement;
       (v) perpetual, automated screening for abuses of network 
     and intrusions; and
       (vi) uniform classification and handling procedures;
       (J) compliance with requirements of applicable law and 
     guidance with regard to the planning, design, acquisition, 
     operation, and management of information systems; and
       (K) permitting continuous system upgrades to benefit from 
     advances in technology while preserving the integrity of 
     stored data.
       (d) Immediate Actions.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the Executive 
     Council, shall--
       (1) submit to the President and to Congress a description 
     of the technological, legal, and policy issues presented by 
     the creation of the Network described in subsection (c), and 
     the way in which these issues will be addressed;
       (2) establish electronic directory services to assist in 
     locating in the Federal Government intelligence and homeland 
     security information and people with relevant knowledge about 
     intelligence and homeland security information; and
       (3) conduct a review of relevant current Federal agency 
     capabilities, including--
       (A) a baseline inventory of current Federal systems that 
     contain intelligence or homeland security information;
       (B) the money currently spent to maintain those systems; 
     and
       (C) identification of other information that should be 
     included in the Network.
       (e) Guidelines and Requirements.--As soon as possible, but 
     in no event later than 180 days after the date of the 
     enactment of this Act, the President shall--
       (1) in consultation with the Executive Council--
       (A) issue guidelines for acquiring, accessing, sharing, and 
     using information, including guidelines to ensure that 
     information is provided in its most shareable form, such as 
     by separating out data from the sources and methods by which 
     that data are obtained; and
       (B) on classification policy and handling procedures across 
     Federal agencies, including commonly accepted processing and 
     access controls;
       (2) in consultation with the Privacy and Civil Liberties 
     Oversight Board established under section 211, issue 
     guidelines that--
       (A) protect privacy and civil liberties in the development 
     and use of the Network; and
       (B) shall be made public, unless, and only to the extent 
     that, nondisclosure is clearly necessary to protect national 
     security; and
       (3) require the heads of Federal departments and agencies 
     to promote a culture of information sharing by--
       (A) reducing disincentives to information sharing, 
     including overclassification of information and unnecessary 
     requirements for originator approval; and
       (B) providing affirmative incentives for information 
     sharing, such as the incorporation of information sharing 
     performance measures into agency and managerial evaluations, 
     and employee awards for promoting innovative information 
     sharing practices.
       (f) Enterprise Architecture and Implementation Plan.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Director of Management and Budget shall submit to 
     the President and to Congress an enterprise architecture and 
     implementation plan for the Network. The enterprise 
     architecture and implementation plan shall be prepared by the 
     Director of Management and Budget, in consultation with the 
     Executive Council, and shall include--
       (1) a description of the parameters of the proposed 
     Network, including functions, capabilities, and resources;
       (2) a delineation of the roles of the Federal departments 
     and agencies that will participate in the development of the 
     Network, including identification of any agency that will 
     build the infrastructure needed to operate and manage the 
     Network (as distinct from the individual agency components 
     that are to be part of the Network), with the delineation of 
     roles to be consistent with--
       (A) the authority of the National Intelligence Director 
     under this Act to set standards for information sharing and 
     information technology throughout the intelligence community; 
     and
       (B) the authority of the Secretary of Homeland Security and 
     the role of the Department of Homeland Security in 
     coordinating with State, tribal, and local officials and the 
     private sector;
       (3) a description of the technological requirements to 
     appropriately link and enhance existing networks and a 
     description of the system design that will meet these 
     requirements;
       (4) an enterprise architecture that--
       (A) is consistent with applicable laws and guidance with 
     regard to planning, design, acquisition, operation, and 
     management of information systems;
       (B) will be used to guide and define the development and 
     implementation of the Network; and
       (C) addresses the existing and planned enterprise 
     architectures of the departments and agencies participating 
     in the Network;
       (5) a description of how privacy and civil liberties will 
     be protected throughout the design and implementation of the 
     Network;
       (6) objective, systemwide performance measures to enable 
     the assessment of progress toward achieving full 
     implementation of the Network;
       (7) a plan, including a time line, for the development and 
     phased implementation of the Network;
       (8) total budget requirements to develop and implement the 
     Network, including the estimated annual cost for each of the 
     5 years following the date of the enactment of this Act; and
       (9) proposals for any legislation that the Director of 
     Management and Budget determines necessary to implement the 
     Network.
       (g) Director of Management and Budget Responsible for 
     Information Sharing Across the Federal Government.--
       (1) Additional duties and responsibilities.--
       (A) In general.--The Director of Management and Budget, in 
     consultation with the Executive Council, shall--
       (i) implement and manage the Network;
       (ii) develop and implement policies, procedures, 
     guidelines, rules, and standards as appropriate to foster the 
     development and proper operation of the Network; and
       (iii) assist, monitor, and assess the implementation of the 
     Network by Federal departments and agencies to ensure 
     adequate progress, technological consistency and policy 
     compliance; and regularly report the findings to the 
     President and to Congress.
       (B) Content of policies, procedures, guidelines, rules, and 
     standards.--The policies, procedures, guidelines, rules, and 
     standards under subparagraph (A)(ii) shall--
       (i) take into account the varying missions and security 
     requirements of agencies participating in the Network;
       (ii) address development, implementation, and oversight of 
     technical standards and requirements;
       (iii) address and facilitate information sharing between 
     and among departments and agencies of the intelligence 
     community, the Department of Defense, the Homeland Security 
     community and the law enforcement community;
       (iv) address and facilitate information sharing between 
     Federal departments and agencies and State, tribal and local 
     governments;
       (v) address and facilitate, as appropriate, information 
     sharing between Federal departments and agencies and the 
     private sector;
       (vi) address and facilitate, as appropriate, information 
     sharing between Federal departments and agencies with foreign 
     partners and allies; and
       (vii) ensure the protection of privacy and civil liberties.
       (2) Appointment of principal officer.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Director of Management and Budget shall appoint, with 
     approval of the President, a principal officer in the Office 
     of Management and Budget whose primary responsibility shall 
     be to carry out the day-to-day duties of the Director 
     specified in this section. The officer shall report directly 
     to the Director of Management and Budget, have the rank of a 
     Deputy Director and shall be paid at the rate of pay payable 
     for a position at level III of the Executive Schedule under 
     section 5314 of title 5, United States Code.
       (h) Executive Council on Information Sharing.--
       (1) Establishment.--There is established an Executive 
     Council on Information Sharing that shall assist the Director 
     of Management and Budget in the execution of the Director's 
     duties under this Act concerning information sharing.
       (2) Membership.--The members of the Executive Council shall 
     be--
       (A) the Director of Management and Budget, who shall serve 
     as Chairman of the Executive Council;
       (B) the Secretary of Homeland Security or his designee;
       (C) the Secretary of Defense or his designee;
       (D) the Attorney General or his designee;

[[Page 20755]]

       (E) the Secretary of State or his designee;
       (F) the Director of the Federal Bureau of Investigation or 
     his designee;
       (G) the National Intelligence Director or his designee;
       (H) such other Federal officials as the President shall 
     designate;
       (I) representatives of State, tribal, and local 
     governments, to be appointed by the President; and
       (J) individuals who are employed in private businesses or 
     nonprofit organizations that own or operate critical 
     infrastructure, to be appointed by the President.
       (3) Responsibilities.--The Executive Council shall assist 
     the Director of Management and Budget in--
       (A) implementing and managing the Network;
       (B) developing policies, procedures, guidelines, rules, and 
     standards necessary to establish and implement the Network;
       (C) ensuring there is coordination among departments and 
     agencies participating in the Network in the development and 
     implementation of the Network;
       (D) reviewing, on an ongoing basis, policies, procedures, 
     guidelines, rules, and standards related to the 
     implementation of the Network;
       (E) establishing a dispute resolution process to resolve 
     disagreements among departments and agencies about whether 
     particular information should be shared and in what manner; 
     and
       (F) considering such reports as are submitted by the 
     Advisory Board on Information Sharing under subsection 
     (i)(2).
       (4) Inapplicability of federal advisory committee act.--The 
     Council shall not be subject to the requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       (5) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter, the Director 
     of Management and Budget, in the capacity of Chair of the 
     Executive Council, shall submit a report to the President and 
     to Congress that shall include--
       (A) a description of the activities and accomplishments of 
     the Council in the preceding year; and
       (B) the number and dates of the meetings held by the 
     Council and a list of attendees at each meeting.
       (6) Informing the public.--The Executive Council shall--
       (A) make its reports to Congress available to the public to 
     the greatest extent that is consistent with the protection of 
     classified information and applicable law; and
       (B) otherwise inform the public of its activities, as 
     appropriate and in a manner consistent with the protection of 
     classified information and applicable law.
       (i) Advisory Board on Information Sharing.--
       (1) Establishment.--There is established an Advisory Board 
     on Information Sharing to advise the President and the 
     Executive Council on policy, technical, and management issues 
     related to the design and operation of the Network.
       (2) Responsibilities.--The Advisory Board shall advise the 
     Executive Council on policy, technical, and management issues 
     related to the design and operation of the Network. At the 
     request of the Executive Council, or the Director of 
     Management and Budget in the capacity as Chair of the 
     Executive Council, or on its own initiative, the Advisory 
     Board shall submit reports to the Executive Council 
     concerning the findings and recommendations of the Advisory 
     Board regarding the design and operation of the Network.
       (3) Membership and qualifications.--The Advisory Board 
     shall be composed of no more than 15 members, to be appointed 
     by the President from outside the Federal Government. The 
     members of the Advisory Board shall have significant 
     experience or expertise in policy, technical and operational 
     matters, including issues of security, privacy, or civil 
     liberties, and shall be selected solely on the basis of their 
     professional qualifications, achievements, public stature and 
     relevant experience.
       (4) Chair.--The President shall designate one of the 
     members of the Advisory Board to act as chair of the Advisory 
     Board.
       (5) Administrative support.--The Office of Management and 
     Budget shall provide administrative support for the Advisory 
     Board.
       (j) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and semiannually thereafter, the 
     President through the Director of Management and Budget shall 
     submit a report to Congress on the state of the Network and 
     of information sharing across the Federal Government.
       (2) Content.--Each report under this subsection shall 
     include--
       (A) a progress report on the extent to which the Network 
     has been implemented, including how the Network has fared on 
     the government-wide and agency-specific performance measures 
     and whether the performance goals set in the preceding year 
     have been met;
       (B) objective systemwide performance goals for the 
     following year;
       (C) an accounting of how much was spent on the Network in 
     the preceding year;
       (D) actions taken to ensure that agencies procure new 
     technology that is consistent with the Network and 
     information on whether new systems and technology are 
     consistent with the Network;
       (E) the extent to which, in appropriate circumstances, all 
     terrorism watch lists are available for combined searching in 
     real time through the Network and whether there are 
     consistent standards for placing individuals on, and removing 
     individuals from, the watch lists, including the availability 
     of processes for correcting errors;
       (F) the extent to which unnecessary roadblocks, 
     impediments, or disincentives to information sharing, 
     including the inappropriate use of paper-only intelligence 
     products and requirements for originator approval, have been 
     eliminated;
       (G) the extent to which positive incentives for information 
     sharing have been implemented;
       (H) the extent to which classified information is also made 
     available through the Network, in whole or in part, in 
     unclassified form;
       (I) the extent to which State, tribal, and local 
     officials--
       (i) are participating in the Network;
       (ii) have systems which have become integrated into the 
     Network;
       (iii) are providing as well as receiving information; and
       (iv) are using the Network to communicate with each other;
       (J) the extent to which--
       (i) private sector data, including information from owners 
     and operators of critical infrastructure, is incorporated in 
     the Network; and
       (ii) the private sector is both providing and receiving 
     information;
       (K) where private sector data has been used by the 
     Government or has been incorporated into the Network--
       (i) the measures taken to protect sensitive business 
     information; and
       (ii) where the data involves information about individuals, 
     the measures taken to ensure the accuracy of such data;
       (L) the measures taken by the Federal Government to ensure 
     the accuracy of other information on the Network and, in 
     particular, the accuracy of information about individuals;
       (M) an assessment of the Network's privacy and civil 
     liberties protections, including actions taken in the 
     preceding year to implement or enforce privacy and civil 
     liberties protections and a report of complaints received 
     about interference with an individual's privacy or civil 
     liberties; and
       (N) an assessment of the security protections of the 
     Network.
       (k) Agency Responsibilities.--The head of each department 
     or agency possessing or using intelligence or homeland 
     security information or otherwise participating in the 
     Network shall--
       (1) ensure full department or agency compliance with 
     information sharing policies, procedures, guidelines, rules, 
     and standards established for the Network under subsections 
     (c) and (g);
       (2) ensure the provision of adequate resources for systems 
     and activities supporting operation of and participation in 
     the Network; and
       (3) ensure full agency or department cooperation in the 
     development of the Network and associated enterprise 
     architecture to implement governmentwide information sharing, 
     and in the management and acquisition of information 
     technology consistent with applicable law.
       (l) Agency Plans and Reports.--Each Federal department or 
     agency that possesses or uses intelligence and homeland 
     security information, operates a system in the Network or 
     otherwise participates, or expects to participate, in the 
     Network, shall submit to the Director of Management and 
     Budget--
       (1) not later than 1 year after the date of the enactment 
     of this Act, a report including--
       (A) a strategic plan for implementation of the Network's 
     requirements within the department or agency;
       (B) objective performance measures to assess the progress 
     and adequacy of the department or agency's information 
     sharing efforts; and
       (C) budgetary requirements to integrate the agency into the 
     Network, including projected annual expenditures for each of 
     the following 5 years following the submission of the report; 
     and
       (2) annually thereafter, reports including--
       (A) an assessment of the progress of the department or 
     agency in complying with the Network's requirements, 
     including how well the agency has performed on the objective 
     measures developed under paragraph (1)(B);
       (B) the agency's expenditures to implement and comply with 
     the Network's requirements in the preceding year; and
       (C) the agency's or department's plans for further 
     implementation of the Network in the year following the 
     submission of the report.
       (m) Periodic Assessments.--
       (1) Comptroller general.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and periodically thereafter, the 
     Comptroller General shall evaluate the implementation of the 
     Network, both generally and, at the discretion of the 
     Comptroller General, within specific departments and 
     agencies, to determine the extent of compliance with the

[[Page 20756]]

     Network's requirements and to assess the effectiveness of the 
     Network in improving information sharing and collaboration 
     and in protecting privacy and civil liberties, and shall 
     report to Congress on the findings of the Comptroller 
     General.
       (B) Information available to the comptroller general.--Upon 
     request by the Comptroller General, information relevant to 
     an evaluation under subsection (a) shall be made available to 
     the Comptroller General under section 716 of title 31, United 
     States Code.
       (C) Consultation with congressional committees.--If a 
     record is not made available to the Comptroller General 
     within a reasonable time, before the Comptroller General 
     files a report under section 716(b)(1) of title 31, United 
     States Code, the Comptroller General shall consult with the 
     Select Committee on Intelligence of the Senate, the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives concerning the Comptroller's intent to 
     file a report.
       (2) Inspectors general.--The Inspector General in any 
     Federal department or agency that possesses or uses 
     intelligence or homeland security information or that 
     otherwise participates in the Network shall, at the 
     discretion of the Inspector General--
       (A) conduct audits or investigations to--
       (i) determine the compliance of that department or agency 
     with the Network's requirements; and
       (ii) assess the effectiveness of that department or agency 
     in improving information sharing and collaboration and in 
     protecting privacy and civil liberties; and
       (B) issue reports on such audits and investigations.
       (n) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $50,000,000 to the Director of Management and Budget to 
     carry out this section for fiscal year 2005; and
       (2) such sums as are necessary to carry out this section in 
     each fiscal year thereafter, to be disbursed and allocated in 
     accordance with the Network implementation plan required by 
     subsection (f).
                                 ______
                                 
  SA 3973. Mr. FRIST (for Mr. Specter) proposed an amendment to the 
bill S. 2484, An Act to amend title 38, United States Code, to simplify 
and improve pay provisions for physicians and dentists and to authorize 
alternate work schedules and executive pay for nurses, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Veterans 
     Affairs Health Care Personnel Enhancement Act of 2004''.

     SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment is expressed in terms of an amendment to a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of title 38, 
     United States Code.

     SEC. 3. SIMPLIFICATION AND IMPROVEMENT OF GRADE AND PAY 
                   PROVISIONS FOR PHYSICIANS AND DENTISTS.

       (a) Simplification of Grades and Grade Requirements.--(1) 
     Subsection (b) of section 7404 is amended--
       (A) by striking ``(1)'' after ``(b)'';
       (B) in the Physician and Dentist Schedule, by striking the 
     items relating to the grades and inserting the following:
       ``Physician grade.
       ``Dentist grade.''; and
       (C) by striking paragraph (2).
       (2) Subsection (a) of such section is amended by adding at 
     the end the following: ``The pay of physicians and dentists 
     serving in positions to which an Executive order applies 
     under the preceding sentence shall be determined under 
     subchapter III of this chapter instead of such Executive 
     order.''.
       (b) Simplification and Improvement of Pay Authorities.--
     Subchapter III of chapter 74 is amended to read as follows:

           ``SUBCHAPTER III--PAY FOR PHYSICIANS AND DENTISTS

     ``Sec. 7431. Pay

       ``(a) Elements of Pay.--Pay of physicians and dentists in 
     the Veterans Health Administration shall consist of three 
     elements as follows:
       ``(1) Base pay as provided for under subsection (b).
       ``(2) Market pay as provided for under subsection (c).
       ``(3) Performance pay as provided under subsection (d).
       ``(b) Base Pay.--One element of pay for physicians and 
     dentists shall be base pay. Base pay shall meet the following 
     requirements:
       ``(1) Each physician and dentist is entitled to base pay 
     determined under the Physician and Dentist Base and Longevity 
     Pay Schedule.
       ``(2) The Physician and Dentist Base and Longevity Pay 
     Schedule is composed of 15 rates of base pay designated, from 
     the lowest rate of pay to the highest rate of pay, as base 
     pay steps 1 through 15.
       ``(3) The rate of base pay payable to a physician or 
     dentist is based on the total number of the years of the 
     service of the physician or dentist in the Veterans Health 
     Administration as follows:

``For a physician or dentiThe rate of base pay is the rate payable for:
two years or less...............................................step 1 
more than 2 years and not more than 4 years.....................step 2 
more than 4 years and not more than 6 years.....................step 3 
more than 6 years and not more than 8 years.....................step 4 
more than 8 years and not more than 10 years....................step 5 
more than 10 years and not more than 12 years...................step 6 
more than 12 years and not more than 14 years...................step 7 
more than 14 years and not more than 16 years...................step 8 
more than 16 years and not more than 18 years...................step 9 
more than 18 years and not more than 20 years..................step 10 
more than 20 years and not more than 22 years..................step 11 
more than 22 years and not more than 24 years..................step 12 
more than 24 years and not more than 26 years..................step 13 
more than 26 years and not more than 28 years..................step 14 
more than 28 years.............................................step 15.
       ``(4) At the same time as rates of basic pay are increased 
     for a year under section 5303 of title 5, the Secretary shall 
     increase the amount of base pay payable under this subsection 
     for that year by a percentage equal to the percentage by 
     which rates of basic pay are increased under such section for 
     that year.
       ``(c) Market Pay.--One element of pay for physicians and 
     dentists shall be market pay. Market pay shall meet the 
     following requirements:
       ``(1) Each physician and dentist is eligible for market 
     pay.
       ``(2) Market pay shall consist of pay intended to reflect 
     the recruitment and retention needs for the specialty or 
     assignment (as defined by the Secretary) of a particular 
     physician or dentist in a facility of the Department of 
     Veterans Affairs.
       ``(3) The annual amount of the market pay payable to a 
     physician or dentist shall be determined by the Secretary on 
     a case-by-case basis.
       ``(4)(A) In determining the amount of market pay for 
     physicians or dentists, the Secretary shall consult two or 
     more national surveys of pay for physicians or dentists, as 
     applicable, whether prepared by private, public, or quasi-
     public entities in order to make a general assessment of the 
     range of pays payable to physicians or dentists, as 
     applicable.
       ``(B)(i) In determining the amount of the market pay for a 
     particular physician or dentist under this subsection, and in 
     determining a tier (if any) to apply to a physician or 
     dentist under subsection (e)(1)(B), the Secretary shall 
     consult with and consider the recommendations of an 
     appropriate panel or board composed of physicians or dentists 
     (as applicable).
       ``(ii) A physician or dentist may not be a member of the 
     panel or board that makes recommendations under clause (i) 
     with respect to the market pay of such physician or dentist, 
     as the case may be.
       ``(iii) The Secretary should, to the extent practicable, 
     ensure that a panel or board consulted under this 
     subparagraph includes physicians or dentists (as applicable) 
     who are practicing clinicians and who do not hold management 
     positions in the medical facility of the Department at which 
     the physician or dentist subject to the consultation is 
     employed.
       ``(5) The determination of the amount of market pay of a 
     physician or dentist shall take into account--
       ``(A) the level of experience of the physician or dentist 
     in the specialty or assignment of the physician or dentist;
       ``(B) the need for the specialty or assignment of the 
     physician or dentist at the medical facility of the 
     Department concerned;
       ``(C) the health care labor market for the specialty or 
     assignment of the physician or dentist, which may cover any 
     geographic area the Secretary considers appropriate for the 
     specialty or assignment;
       ``(D) the board certifications, if any, of the physician or 
     dentist;
       ``(E) the prior experience, if any, of the physician or 
     dentist as an employee of the Veterans Health Administration; 
     and
       ``(F) such other considerations as the Secretary considers 
     appropriate.
       ``(6) The amount of market pay of a physician or dentist 
     shall be evaluated by the Secretary not less often than once 
     every 24

[[Page 20757]]

     months. The amount of market pay may be adjusted as the 
     result of an evaluation under this paragraph. A physician or 
     dentist whose market pay is evaluated under this paragraph 
     shall receive written notice of the results of such 
     evaluation in accordance with procedures prescribed under 
     section 7433 of this title.
       ``(7) No adjustment of the amount of market pay of a 
     physician or dentist under paragraph (6) may result in a 
     reduction of the amount of market pay of the physician or 
     dentist while in the same position or assignment at the 
     medical facility of the Department concerned.
       ``(d) Performance Pay.--(1) One element of pay for 
     physicians and dentists shall be performance pay.
       ``(2) Performance pay shall be paid to a physician or 
     dentist on the basis of the physician's or dentist's 
     achievement of specific goals and performance objectives 
     prescribed by the Secretary.
       ``(3) The Secretary shall ensure that each physician and 
     dentist of the Department is advised of the specific goals or 
     objectives that are to be measured by the Secretary in 
     determining the eligibility of that physician or dentist for 
     performance pay.
       ``(4) The amount of the performance pay payable to a 
     physician or dentist may vary annually on the basis of 
     individual achievement or attainment of the goals or 
     objectives applicable to the physician or dentist under 
     paragraph (2).
       ``(5) The amount of performance pay payable to a physician 
     or dentist in a fiscal year shall be determined in accordance 
     with regulations prescribed by the Secretary, but may not 
     exceed the lower of--
       ``(A) $15,000; or
       ``(B) the amount equal to 7.5 percent of the sum of the 
     base pay and the market pay payable to such physician or 
     dentist in that fiscal year.
       ``(6) A failure to meet goals or objectives applicable to a 
     physician or dentist under paragraph (2) may not be the sole 
     basis for an adverse personnel action against that physician 
     or dentist.
       ``(e) Requirements and Limitations on Total Pay.--(1)(A) 
     Not less often than once every two years, the Secretary shall 
     prescribe for Department-wide applicability the minimum and 
     maximum amounts of annual pay that may be paid under this 
     section to physicians and the minimum and maximum amounts of 
     annual pay that may be paid under this section to dentists.
       ``(B) The Secretary may prescribe for Department-wide 
     applicability under this paragraph separate minimum and 
     maximum amounts of pay for a specialty or assignment. If the 
     Secretary prescribes separate minimum and maximum amounts for 
     a specialty or assignment, the Secretary may establish up to 
     four tiers of minimum and maximum amounts for such specialty 
     or assignment and prescribe for each tier a minimum amount 
     and a maximum amount that the Secretary determines 
     appropriate for the professional responsibilities, 
     professional achievements, and administrative duties of the 
     physicians or dentists (as the case may be) whose pay is set 
     within that tier.
       ``(C) Amounts prescribed under this paragraph shall be 
     published in the Federal Register, and shall not take effect 
     until at least 60 days after the date of publication.
       ``(2) Except as provided in paragraph (3) and subject to 
     paragraph (4), the sum of the total amount of the annual rate 
     of base pay payable to a physician or dentist under 
     subsection (b) and the market pay determined for the 
     physician or dentist under subsection (c) may not be less 
     than the minimum amount, nor more than the maximum amount, 
     applicable to specialty or assignment of the physician or 
     dentist under paragraph (1).
       ``(3) The sum of the total amount of the annual rate of 
     base pay payable to a physician or dentist under subsection 
     (b) and the market pay determined for the physician or 
     dentist under subsection (c) may exceed the maximum amount 
     applicable to the specialty or assignment of the physician or 
     dentist under paragraph (1) as a result of an adjustment 
     under paragraph (3) or (4) of subsection (b).
       ``(4) In no case may the total amount of compensation paid 
     to a physician or dentist under this title in any year exceed 
     the amount of annual compensation (excluding expenses) 
     specified in section 102 of title 3.
       ``(f) Treatment of Pay.--Pay under subsections (b) and (c) 
     of this section shall be considered pay for all purposes, 
     including retirement benefits under chapters 83 and 84 of 
     title 5 and other benefits.
       ``(g) Ancillary Effects of Decreases in Pay.--(1) A 
     decrease in pay of a physician or dentist resulting from an 
     adjustment in the amount of market pay of the physician or 
     dentist under subsection (c) shall not be treated as an 
     adverse action.
       ``(2) If the pay of a physician or dentist is reduced under 
     this subchapter as a result of an involuntary reassignment in 
     connection with a disciplinary action taken against the 
     physician or dentist, the involuntary reassignment shall be 
     subject to appeal under subchapter V of this chapter.
       ``(h) Delegation of Responsibilities.--The Secretary may 
     delegate to an appropriate officer or employee of the 
     Department any responsibility of the Secretary under 
     subsection (c), (d), or (e) except for the responsibilities 
     of the Secretary under subsection (e)(1).

     ``Sec. 7432. Pay of Under Secretary for Health

       ``(a) Base Pay.--The base pay of the Under Secretary for 
     Health shall be the annual rate of basic pay for positions at 
     Level III of the Executive Schedule under section 5314 of 
     title 5.
       ``(b) Market Pay.--(1) In the case of an Under Secretary 
     for Health who is also a physician or dentist, in addition to 
     the base pay specified in subsection (a) the Under Secretary 
     for Health may also be paid the market pay element of pay of 
     physicians and dentists under section 7431(c) of this title.
       ``(2) The amount of market pay of the Under Secretary for 
     Health under this subsection shall be established by the 
     Secretary.
       ``(3) In establishing the amount of market pay of the Under 
     Secretary for Health under this subsection, the Secretary 
     shall utilize an appropriate health care labor market 
     selected by the Secretary for purposes of this subsection.
       ``(c) Treatment of Pay.--Pay under this section shall be 
     considered pay for all purposes, including retirement 
     benefits under chapters 83 and 84 of title 5 and other 
     benefits.

     ``Sec. 7433. Administrative matters

       ``(a) Regulations.--(1) The Secretary shall prescribe 
     regulations relating to the pay of physicians and dentists in 
     the Veterans Health Administration under this subchapter.
       ``(2) In prescribing the regulations, the Secretary shall 
     take into account the recommendations of the Under Secretary 
     for Health on the administration of this subchapter. In 
     formulating recommendations for the purpose of this 
     paragraph, the Under Secretary shall request the views of 
     representatives of labor organizations that are exclusive 
     representatives of physicians and dentists of the Department 
     and the views of representatives of professional 
     organizations of physicians and dentists of the Department.
       ``(b) Reports.--(1) Not later than 18 months after the 
     Secretary prescribes the regulations required by subsection 
     (a), and annually thereafter for the next 5 years, the 
     Secretary shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives a report on the 
     pay of physicians and dentists in the Veterans Health 
     Administration under this subchapter.
       ``(2) Each report under this subsection shall include the 
     following:
       ``(A) A description of the rates of pay in effect during 
     the current fiscal year with a comparison to the rates in 
     effect during the fiscal year preceding the current fiscal 
     year, set forth by facility and by specialty.
       ``(B) The number of physicians and dentists who left the 
     Veterans Health Administration during the preceding fiscal 
     year.
       ``(C) The number of unfilled physician positions and 
     dentist positions in each specialty in the Veterans Health 
     Administration, the average and maximum lengths of time that 
     such positions have been unfilled, and an assessment of the 
     reasons that such positions remain unfilled.
       ``(D) An assessment of the impact of implementation of this 
     subchapter on efforts to recruit and retain physicians and 
     dentists in the Veterans Health Administration.
       ``(3) The first two annual reports under this subsection 
     shall also include a comparison of staffing levels, contract 
     expenditures, and average salaries of physicians and dentists 
     in the Veterans Health Administration for the current fiscal 
     year and for the fiscal year preceding the current fiscal 
     year, set forth by facility and by specialty.''.
       (c) Initial Rates of Base Pay for Physicians and 
     Dentists.--The initial rates of base pay established for the 
     base pay steps under the Physician and Dentist Base and 
     Longevity Pay Schedule provided in section 7431(b) of title 
     38, United States Code (as added by subsection (b)), are as 
     follows:

Base Pay Step:                                             Rate of Pay:
1..............................................................$90,000 
2..............................................................$93,000 
3..............................................................$96,000 
4..............................................................$99,000 
5.............................................................$102,000 
6.............................................................$105,000 
7.............................................................$108,000 
8.............................................................$111,000 
9.............................................................$114,000 
10............................................................$117,000 
11............................................................$120,000 
12............................................................$123,000 
13............................................................$126,000 
14............................................................$129,000 
15............................................................$132,000.

       (d) Effective Date.--(1) Notwithstanding the 60-day waiting 
     requirement in section 7431(e)(1)(C) of title 38, United 
     States Code (as amended by subsection (b)), pay provided for 
     a physician or dentist under subchapter III of chapter 74 of 
     such title, as amended by subsection (b), shall take effect 
     on the first day of the first pay period applicable to such 
     physician or dentist that begins on or after January 1, 2006.
       (2) Pay provided for the Under Secretary for Health under 
     subchapter III of chapter 74 of title 38, United States Code, 
     as amended by this section shall take effect on the first

[[Page 20758]]

     day of the first pay period applicable to the Under Secretary 
     that begins on or after January 1, 2006.
       (e) Transition Provisions.--
       (1) Physicians and dentists.--
       (A) Pay.--(i) The amount of the pay payable on and after 
     the date of the enactment of this Act to a physician or 
     dentist in receipt of pay under section 7404 or 7405 of title 
     38, United States Code, as of the day before such date shall 
     continue to be determined under such section (as in effect on 
     the day before such date) until the effective date that is 
     applicable under subsection (d) to such physician or dentist, 
     as the case may be.
       (ii) A physician or dentist appointed or reassigned on or 
     after the date of the enactment of this Act, but before the 
     effective date applicable under subsection (d) to such 
     physician or dentist, shall be compensated in accordance with 
     applicable provisions of section 7404 or 7405 of title 38, 
     United States Code (as in effect on the day before date of 
     the enactment of this Act), until such effective date.
       (B) Special pay.--(i) A special pay agreement entered into 
     by a physician or dentist under subchapter III of chapter 74 
     of title 38, United States Code, before the date of the 
     enactment of this Act shall terminate on the date of the 
     enactment of this Act. However, a physician or dentist in 
     receipt of special pay pursuant to such an agreement on that 
     date shall continue to receive special pay under the terms of 
     such agreement until the effective date that is applicable 
     under subsection (d) to such physician or dentist.
       (ii) A physician or dentist described in subparagraph 
     (A)(ii) may be paid special pay under applicable provisions 
     of section 7433, 7434, 7435, or 7436 of title 38, United 
     States Code (as in effect on the day before the date of the 
     enactment of this Act), during the period beginning on the 
     date of the appointment or reassignment of such physician or 
     dentist, as the case may be, and ending on the effective date 
     applicable under subsection (d) to such physician or dentist. 
     However, no special pay agreement shall be required for the 
     payment of special pay under this clause.
       (C) Treatment of special pay.--(i) Special pay paid under 
     subparagraph (B) to a physician or dentist during the period 
     beginning on the date of the enactment of this Act and ending 
     on the effective date applicable under subsection (d) to such 
     physician or dentist shall be subject to the provisions of 
     paragraphs (1), (2), (4), (5), and (6) of section 7438(b) of 
     title 38, United States Code (as in effect on the day before 
     the date of the enactment of this Act).
       (ii) Special pay paid to a physician or dentist under 
     section 7438 of title 38, United States Code (as in effect on 
     the day before the date of the enactment of this Act), shall 
     be fully creditable for purposes of computing benefits under 
     chapters 83 and 84 of title 5, United States Code.
       (D) Preservation of pay.--The amount of pay paid to a 
     physician or dentist after the effective date of this Act 
     shall not be less than the amount of pay paid to such 
     physician or dentist on the day before the effective date of 
     this Act while such physician or dentist remains in the same 
     position or assignment.
       (2) Under secretary for health.--
       (A) Special pay.--(i) The current special pay agreement 
     entered into by the Under Secretary for Health under 
     subchapters I and III of chapter 74 of title 38, United 
     States Code, before the date of the enactment of this Act 
     shall terminate on the date of the enactment of this Act. 
     However, the Under Secretary shall continue to receive 
     special pay under the terms of such agreement until the 
     effective date that is applicable under subsection (d) to the 
     Under Secretary.
       (ii) An individual appointed as Under Secretary for Health 
     on or after the date of the enactment of this Act and before 
     the effective date applicable under subsection (d) to the 
     Under Secretary shall be paid special pay in accordance with 
     the provisions of sections 7432(d)(2) and 7433 of title 38, 
     United States Code (as in effect on the day before the date 
     of the enactment of this Act), during the period beginning on 
     the date of appointment and ending on such effective date. 
     However, no special pay agreement shall be required for the 
     payment of special pay under this clause.
       (B) Treatment of special pay.--Special pay paid under 
     subparagraph (A) during the period beginning on the date of 
     the enactment of this Act and ending on the effective date 
     applicable under subsection (d) to the Under Secretary--
       (i) shall be subject to the provisions of paragraphs (1), 
     (2), (4), (5), and (6) of section 7438(b) of title 38, United 
     States Code (as in effect on the day before the date of the 
     enactment of this Act); and
       (ii) shall be fully creditable for purposes of computing 
     benefits under chapters 83 and 84 of title 5, United States 
     Code.
       (f) Conforming Amendments.--Section 7404 is amended--
       (1) in subsection (c), by striking ``special pay'' and 
     inserting ``pay''; and
       (2) in subsection (d), by striking ``pay may not be paid'' 
     and all that follows and inserting ``pay for positions for 
     which basic pay is paid under this section may not be paid at 
     a rate in excess of the rate of basic pay authorized by 
     section 5316 of title 5 for positions in Level V of the 
     Executive Schedule.''.
       (g) Clerical Amendment.--The table of sections at the 
     beginning of chapter 74 is amended by striking the items 
     relating to subchapter III and inserting the following new 
     items:

``SUBCHAPTER III--PAY FOR PHYSICIANS AND DENTISTS
``Sec. 7431. Pay.
``Sec. 7432. Pay of Under Secretary for Health.
``Sec. 7433. Administrative matters.''.

     SEC. 4. ALTERNATE WORK SCHEDULES FOR REGISTERED NURSES.

       (a) In General.--(1) Chapter 74 is amended by inserting 
     after section 7456 the following new section:

     ``Sec. 7456A. Nurses: alternate work schedules

       ``(a) Applicability.--This section applies to registered 
     nurses appointed under this chapter.
       ``(b) 36/40 Work Schedule.--(1)(A) Subject to paragraph 
     (2), if the Secretary determines it to be necessary in order 
     to obtain or retain the services of registered nurses at any 
     Department health-care facility, the Secretary may provide, 
     in the case of nurses employed at such facility, that such 
     nurses who work three regularly scheduled 12-hour tours of 
     duty within a work week shall be considered for all purposes 
     to have worked a full 40-hour basic work week.
       ``(B) A nurse who works under the authority in subparagraph 
     (A) shall be considered a 0.90 full-time equivalent employee 
     in computing full-time equivalent employees for the purposes 
     of determining compliance with personnel ceilings.
       ``(2)(A) Basic and additional pay for a nurse who is 
     considered under paragraph (1) to have worked a full 40-hour 
     basic work week shall be subject to subparagraphs (B) and 
     (C).
       ``(B) The hourly rate of basic pay for a nurse covered by 
     this paragraph for service performed as part of a regularly 
     scheduled 36-hour tour of duty within the work week shall be 
     derived by dividing the nurse's annual rate of basic pay by 
     1,872.
       ``(C) The Secretary shall pay overtime pay to a nurse 
     covered by this paragraph who--
       ``(i) performs a period of service in excess of such 
     nurse's regularly scheduled 36-hour tour of duty within an 
     administrative work week;
       ``(ii) for officially ordered or approved service, performs 
     a period of service in excess of 8 hours on a day other than 
     a day on which such nurse's regularly scheduled 12-hour tour 
     of duty falls;
       ``(iii) performs a period of service in excess of 12 hours 
     for any day included in the regularly scheduled 36-hour tour 
     of duty work week; or
       ``(iv) performs a period of service in excess of 40 hours 
     during an administrative work week.
       ``(D) The Secretary may provide a nurse to whom this 
     subsection applies with additional pay under section 7453 of 
     this title for any period included in a regularly scheduled 
     12-hour tour of duty.
       ``(3) A nurse who works a work schedule described in this 
     subsection who is absent on approved sick leave or annual 
     leave during a regularly scheduled 12-hour tour of duty shall 
     be charged for such leave at a rate of ten hours of leave for 
     every nine hours of absence.
       ``(c) Holiday Pay.--A nurse working a work schedule under 
     subsection (b) that includes a holiday designated by law or 
     Executive order shall be eligible for holiday pay under 
     section 7453(d) of this title for any service performed by 
     the nurse on such holiday under such section.
       ``(d) 9-Month Work Schedule for Certain Nurses.--(1) The 
     Secretary may authorize a registered nurse appointed under 
     section 7405 of this title, with the nurse's written consent, 
     to work full time for nine months with 3 months off duty, 
     within a fiscal year, and be paid at 75 percent of the full-
     time rate for such nurse's grade for each pay period of such 
     fiscal year.
       ``(2) A nurse who works under the authority in paragraph 
     (1) shall be considered a 0.75 full-time equivalent employee 
     in computing full-time equivalent employees for the purposes 
     of determining compliance with personnel ceilings.
       ``(3) Work under this subsection shall be considered part-
     time service for purposes of computing benefits under 
     chapters 83 and 84 of title 5.
       ``(4) A nurse who works under the authority in paragraph 
     (1) shall be considered a full-time employee for purposes of 
     chapter 89 of title 5.
       ``(e) Notification of Modification of Benefits.--The 
     Secretary shall provide each employee with respect to whom an 
     alternate work schedule under this section may apply written 
     notice of the effect, if any, that the alternate work 
     schedule will have on the employee's health care premium, 
     retirement, life insurance premium, probationary status, or 
     other benefit or condition of employment. The notice shall be 
     provided not later than 14 days before the employee consents 
     to the alternate work schedule.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.''.
       (2) The table of sections at the beginning of chapter 74 is 
     amended by inserting after the

[[Page 20759]]

     item relating to section 7456 the following new item:

``Sec. 7456A. Nurses: alternate work schedules.''.

       (b) Policy Against Certain Work Hours.--(1) It is the sense 
     of Congress to encourage the Secretary of Veterans Affairs to 
     prevent work hours by nurses providing direct patient care in 
     excess of 12 consecutive hours or in excess of 60 hours in 
     any 7-day period, except in the case of nurses providing 
     emergency care.
       (2) Not later than one year after the date of the enactment 
     of this Act and every year thereafter for the next two years, 
     the Secretary shall certify to Congress whether or not each 
     Veterans Health Administration facility has in place, as of 
     the date of such certification, a policy designed to prevent 
     work hours by nurses providing direct patient care (other 
     than nurses providing emergency care) in excess of 12 
     consecutive hours or in excess of 60 hours in any 7-day 
     period.

     SEC. 5. NURSE EXECUTIVE SPECIAL PAY.

       Section 7452 is amended by adding at the end the following 
     new subsection:
       ``(g)(1) In order to recruit and retain highly qualified 
     Department nurse executives, the Secretary may, in accordance 
     with regulations prescribed by the Secretary, pay special pay 
     to the nurse executive at each location as follows:
       ``(A) Each Department health care facility.
       ``(B) The Central Office.
       ``(2) The amount of special pay paid to a nurse executive 
     under paragraph (1) shall be not less than $10,000 or more 
     than $25,000.
       ``(3) The amount of special pay paid to a nurse executive 
     under paragraph (1) shall be based on factors such as the 
     grade of the nurse executive position, the scope and 
     complexity of the nurse executive position, the personal 
     qualifications of the nurse executive, the characteristics of 
     the health care facility concerned, the nature and number of 
     specialty care units at the health care facility concerned, 
     demonstrated difficulties in recruitment and retention of 
     nurse executives at the health care facility concerned, and 
     such other factors as the Secretary considers appropriate.
       ``(4) Special pay paid to a nurse executive under paragraph 
     (1) shall be in addition to any other pay (including basic 
     pay) and allowances to which the nurse executive is entitled, 
     and shall be considered pay for all purposes, including 
     retirement benefits under chapters 83 and 84 of title 5, and 
     other benefits, but shall not be considered basic pay for 
     purposes of adverse actions under subchapter V of this 
     chapter.''.
                                 ______
                                 
  SA 3974. Mr. FRIST (for himself, Mr. Daschle, Mr. McConnell, and Mr. 
Reid) submitted an amendment intended to be proposed by him to the 
resolution S. Res 445, to eliminate certain restrictions on service of 
a Senator on the Senate Select Committee on intelligence; which was 
ordered to lie on the table; as follows:

       At the end of the resolution, insert the following:

     SEC. 100. PURPOSE.

       It is the purpose of titles I through V of this resolution 
     to improve the effectiveness of the Senate Select Committee 
     on Intelligence, especially with regard to its oversight of 
     the Intelligence Community of the United States Government, 
     and to improve the Senate's oversight of homeland security.

              TITLE I--HOMELAND SECURITY OVERSIGHT REFORM

     SEC. 101. HOMELAND SECURITY.

       (a) Committee on Homeland Security and Government 
     Affairs.--The Committee on Governmental Affairs is renamed as 
     the Committee on Homeland Security and Governmental Affairs.
       (b) Jurisdiction.--There shall be referred to the committee 
     all proposed legislation, messages, petitions, memorials, and 
     other matters relating primarily to the following subjects:
       (1) Department of Homeland Security except matters relating 
     to the Coast Guard, to the Transportation Security 
     administration, and to the Federal Law Enforcement Training 
     Center, and the revenue functions of the Customs Service.
       (2) Archives of the United States.
       (3) Budget and accounting measures, other than 
     appropriations, except as provided in the Congressional 
     Budget Act of 1974.
       (4) Census and collection of statistics, including economic 
     and social statistics.
       (5) Congressional organization, except for any part of the 
     matter that amends the rules or orders of the Senate.
       (6) Federal Civil Service.
       (7) Government information.
       (8) Intergovernmental relations.
       (9) Municipal affairs of the District of Columbia, except 
     appropriations therefor.
       (10) Organization and management of United States nuclear 
     export policy.
       (11) Organization and reorganization of the executive 
     branch of the Government.
       (12) Postal Service.
       (13) Status of officers and employees of the United States, 
     including their classification, compensation, and benefits.
       (c) Additional Duties.--The committee shall have the duty 
     of--
       (1) receiving and examining reports of the Comptroller 
     General of the United States and of submitting such 
     recommendations to the Senate as it deems necessary or 
     desirable in connection with the subject matter of such 
     reports;
       (2) studying the efficiency, economy, and effectiveness of 
     all agencies and departments of the Government;
       (3) evaluating the effects of laws enacted to reorganize 
     the legislative and executive branches of the Government; and
       (4) studying the intergovernmental relationships between 
     the United States and the States and municipalities, and 
     between the United States and international organizations of 
     which the United States is a member.
       (d) Jurisdiction of Senate Committees.--The jurisdiction of 
     the Committee on Homeland Security and Governmental Affairs 
     provided in subsection (b) shall supersede the jurisdiction 
     of any other committee of the Senate provided in the rules of 
     the Senate.

                TITLE II--INTELLIGENCE OVERSIGHT REFORM

     SEC. 201. INTELLIGENCE OVERSIGHT.

       (a) Committee on Armed Services Membership.--Section 
     2(a)(3) of Senate Resolution 400, agreed to May 19, 1976 
     (94th Congress) (referred to in this section as ``S. Res. 
     400'') is amended by--
       (1) inserting ``(A)'' after ``(3)''; and
       (2) inserting at the end the following:
       ``(B) The Chairman and Ranking Member of the Committee on 
     Armed Services (if not already a member of the select 
     Committee) shall be ex officio members of the select 
     Committee but shall have no vote in the Committee and shall 
     not be counted for purposes of determining a quorum.''.
       (b) Number of Members.--Section 2(a) of S. Res. 400 is 
     amended--
       (1) in paragraph (1), by inserting ``not to exceed'' before 
     ``fifteen members'';
       (2) in paragraph (1)(E), by inserting ``not to exceed'' 
     before ``seven''; and
       (3) in paragraph (2), by striking the second sentence and 
     inserting ``Of any members appointed under paragraph (1)(E), 
     the majority leader shall appoint the majority members and 
     the minority leader shall appoint the minority members, with 
     the majority having a one vote margin.''.
       (c) Elimination of Term Limits.--Section 2 of Senate 
     Resolution 400, 94th Congress, agreed to May 19, 1976, is 
     amended by striking subsection (b) and by redesignating 
     subsection (c) as subsection (b).
       (d) Appointment of Chairman and Ranking Member.--Section 
     2(b) of S. Res. 400, as redesignated by subsection (c) of 
     this section, is amended by striking the first sentence and 
     inserting the following: ``At the beginning of each Congress, 
     the Majority Leader of the Senate shall select a chairman of 
     the select Committee and the Minority Leader shall select a 
     vice chairman for the select Committee.''.
       (e) Subcommittees.--Section 2 of S. Res. 400, as amended by 
     subsections (a) through (d), is amended by adding at the end 
     the following:
       ``(c) The select Committee may be organized into 
     subcommittees. Each subcommittee shall have a chairman and a 
     vice chairman who are selected by the Chairman and Vice 
     Chairman of the select Committee, respectively.''.
       (f) Reports.--Section 4(a) of S. Res. 400 is amended by 
     inserting ``, but not less than quarterly,'' after 
     ``periodic''.
       (g) Staff.--Section 15 of S. Res. 400 is amended to read as 
     follows:
       ``Sec. 15. (a) The select Committee shall hire or appoint 
     one employee for each member of the select Committee to serve 
     as such Member's designated representative on the select 
     Committee. The select Committee shall only hire or appoint an 
     employee chosen by the respective Member of the select 
     Committee for whom the employee will serve as the designated 
     representative on the select Committee.
       ``(b) The select Committee shall be afforded a supplement 
     to its budget, to be determined by the Committee on Rules and 
     Administration, to allow for the hire of each employee who 
     fills the position of designated representative to the select 
     Committee. The designated representative shall have office 
     space and appropriate office equipment in the select 
     Committee spaces, and shall have full access to select 
     Committee staff, information, records, and databases.
       ``(c) The designated employee shall meet all the 
     requirements of relevant statutes, Senate rules, and 
     committee clearance requirements for employment by the select 
     Committee.''.
       (h) Nominees.--S. Res. 400 is amended by adding at the end 
     the following:
       ``Sec. 17. (a) The select Committee shall have final 
     responsibility for reviewing, holding hearings, and voting on 
     civilian persons nominated by the President to fill a 
     position within the intelligence community that requires the 
     advice and consent of the Senate.
       ``(b) Other committees with jurisdiction over the nominees' 
     executive branch department may hold hearings and interviews 
     with that person.''.

                      TITLE III--COMMITTEE STATUS

     SEC. 301. COMMITTEE STATUS.

       (a) Homeland Security.--The Committee on Homeland Security 
     and Governmental Affairs shall be treated as the Committee on

[[Page 20760]]

     Governmental Affairs listed under paragraph 2 of rule XXV of 
     the Standing Rules of the Senate for purposes of the Standing 
     Rules of the Senate.
       (b) Intelligence.--The select Committee on Intelligence 
     shall be treated as a committee listed under paragraph 2 of 
     rule XXV of the Standing Rules of the Senate for purposes of 
     the Standing Rules of the Senate.

              TITLE IV--INTELLIGENCE-RELATED SUBCOMMITTEES

     SEC. 401. SUBCOMMITTEE RELATED TO INTELLIGENCE OVERSIGHT.

       (a) Establishment.--There is established in the select 
     Committee on Intelligence a Subcommittee on Oversight which 
     shall be in addition to any other subcommittee established by 
     the select Committee.
       (b) Responsibility.--The Subcommittee on Oversight shall be 
     responsible for ongoing oversight of intelligence activities.

     SEC. 402. SUBCOMMITTEE RELATED TO INTELLIGENCE 
                   APPROPRIATIONS.

       (a) Establishment.--There is established in the Committee 
     on Appropriations a Subcommittee on Intelligence. The 
     Subcommittee on Military Construction shall be combined with 
     the Subcommittee on Defense into 1 subcommittee.
       (b) Jurisdiction.--The Subcommittee on Intelligence of the 
     Committee on Appropriations shall have jurisdiction over 
     funding for intelligence matters.

                        TITLE V--EFFECTIVE DATE

     SEC. 501. EFFECTIVE DATE.

       This resolution shall take effect on the convening of the 
     109th Congress.

                          ____________________