Volume 150, No. 120 covering the 2nd Session of the 108th Congress (2003 - 2004) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S9959-S9985 on Sept. 29, 2004.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3755. Mr. GRAHAM of Florida 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 94, line 14, insert before the period the following: ``, whether expressed in terms of geographic region, in terms of function, or in other terms''.
On page 95, line 3, insert after the period the following:
``Each notice on a center shall set forth the mission of such center, the area of intelligence responsibility of such center, and the proposed structure of such center.''.
On page 96, line 7, insert ``of the center and the personnel of the center'' after ``control''.
On page 96, between lines 8 and 9, insert the following:
(5) If the Director of a national intelligence center determines at any time that the authority, direction, and control of the Director over the center is insufficient to accomplish the mission of the center, the Director shall promptly notify the National Intelligence Director of that determination.
On page 96, strike line 15 and all that follows through page 97, line 2, and insert the following:
(1) develop and unify a strategy for the collection and analysis of all-source intelligence;
(2) integrate intelligence collection, analysis, and planning for operations, both inside and outside the United States;
(3) develop interagency plans for the collection and analysis of all-source intelligence, which plans shall--
(A) involve more than one department, agency, or element of the executive branch (unless otherwise directed by the President); and
(B) include the mission, objectives to be achieved, courses of action, coordination of agencies operational activities, recommendations for operational plans, and assignment of departmental or agency responsibilities;
(4) ensure that the collection of all-source intelligence and the conduct of operations are informed by the analysis of all-source intelligence; and
On page 98, beginning on line 20, strike ``to the extent practicable, approve the request'' and insert ``to the maximum extent possible. If a request is denied, the head of the department, agency, or element concerned shall provide the National Intelligence Director with a justification of the denial of such request. The National Intelligence Director may submit any request so denied to the National Security Council for resolution''.
On page 99, between lines 20 and 21, insert the following:
(g) Review and Modification of Centers.--(1) Not less often than once each year, the National Intelligence Director shall review the area of intelligence responsibility assigned to each national intelligence center under this section in order to determine whether or not such area of responsibility continues to meet intelligence priorities established by the National Security Council.
(2) Not less often than once each year, the National Intelligence Director shall review the staffing and management of each national intelligence center under this section in order to determine whether or not such staffing or management remains appropriate for the accomplishment of the mission of such center.
(3) The National Intelligence Director may at any time recommend to the President a modification of the area of intelligence responsibility assigned to a national intelligence center under this section. The National Intelligence Director shall make any such recommendation through, and with the approval of, the National Security Council.
(h) Separate Budget Account.--The National Intelligence Director shall, in accordance with procedures to be issued by the Director in consultation with the congressional intelligence committees, include in the National Intelligence Program budget a separate account for each national intelligence center under this section.
On page 99, line 21, strike ``(g)'' and insert ``(i)''.
______
SA 3756. Mr. GRAHAM of Florida 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 108, between lines 8 and 9, insert the following:
SEC. 153. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.
(2) Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical.
(b) Linguistic Requirements.--(1) The National Intelligence Director shall--
(A) identify the linguistic requirements for the National Intelligence Authority;
(B) identify specific requirements for the range of linguistic skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and
(C) develop a comprehensive plan for the Authority to meet such requirements through the education, recruitment, and training of linguists.
(2) In carrying out activities under paragraph (1), the Director shall take into account education grant programs of the Department of Defense and the Department of Education that are in existence as of the date of the enactment of this Act.
(3) Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director shall submit to Congress a report on the requirements identified under paragraph (1), including the success of the Authority in meeting such requirements. Each report shall notify Congress of any additional resources determined by the Director to be required to meet such requirements.
(4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex.
(c) Professional Intelligence Training.--The National Intelligence Director shall require the head of each element and component within the National Intelligence Authority who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of such element or component in order to--
(1) strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Authority; and
(2) prepare such personnel for duty with other departments, agencies, and element of the intelligence community.
______
SA 3757. Mr. GRAHAM of Florida 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. . TSA FIELD OFFICE INFORMATION TECHNOLOGY AND
TELECOMMUNICATIONS REPORT.
Within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall transmit a report to the Congress, which may be transmitted in classified and redacted formats, setting forth--
(1) a descriptive list of each field office of the Transportation Security Administration, including its location, staffing, and facilities;
(2) an analysis of the information technology and telecommunications capabilities, equipment, and support available at each such office, including--
(A) whether the office has access to broadband telecommunications;
(B) whether the office has the ability to access Transportation Security Administration databases directly;
(C) the means available to the office for communicating and sharing information and other data on a real time basis with the Transportation Security Administration's national, regional, and State offices as well as with other Transportation Security Administration field offices;
(D) the means available to the office for communicating witli other Federal, State, and local government offices with transportation security related responsibilities; and
(E) whether and to what extent computers in the office are linked through a local area, network or otherwise, and whether the information technology resources available to the office are adequate to enable it to carry out its functions and purposes; and
(3) an assessment of current and future needs of the Transportation Security Administration to provide adequate information technology and telecommunications facilities, equipment, and support to its field offices, and an estimate of the costs of meeting those needs.
______
SA 3758. 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 gathered, and activities conducted, 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--
(A) foreign intelligence gathered, and 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
(B) information gathered, and activities conducted, to prevent the interference by or disruption of foreign intelligence activities of the United States by foreign government or elements thereof, foreign organizations, or foreign persons, or international terrorists.
On page 6, line 12, strike ``counterintelligence or''.
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 ``counterespionage'' means counterintelligence designed to detect, destroy, neutralize, exploit, or prevent espionage activities though identification, penetration, deception, and prosecution (in accordance with the criminal law) of individuals, groups, or organizations conducting, or suspected of conducting, espionage activities.
(9) The term ``intelligence operation'' means activities conducted to facilitate the gathering of foreign intelligence or the conduct of covert action (as that term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)).
(10) The term ``collection and analysis requirements'' means any subject, whether general or specific, upon which there is a need for the collection of intelligence information or the production of intelligence.
(11) The term ``collection and analysis tasking'' means the assignment or direction of an individual or activity to perform in a specified way to achieve an intelligence objective or goal.
(12) The term ``certified intelligence officer'' means a professional employee of an element of the intelligence community engaged in intelligence activities 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 Executive Assistant Director of the Federal Bureau of Investigation for Intelligence or such other official as the Director of the Federal Bureau of Investigation designates as 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 direction, supervision, and control of the Attorney General and the National Intelligence Director.
(3) The Director of the Federal Bureau of Investigation shall report to both the Attorney General and the National Intelligence Director regarding the activities of the Federal Bureau of Investigation under subsections (b) through (d).
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 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 of the Federal Bureau of Investigation for Intelligence or such other official within the Federal Bureau of Investigation as the Director of the Federal Bureau of Investigation shall designate.
(c) Responsibilities.--The Directorate of Intelligence shall be responsible for the following:
(1) The discharge by the Federal Bureau of Investigation 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) Human source development and management by the Bureau.
(5) Collection by the Bureau against nationally-determined intelligence requirements.
(6) Language services.
(7) Strategic analysis.
(8) Intelligence program and budget management.
(9) The intelligence workforce.
(10) 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.
______
SA 3759. 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 44, strike lines 22 and 23 and insert the following:
(4) The General Counsel of the Intelligence Community.
On page 45, strike lines 1 through 10 and insert the following:
(6) The Officer for Civil Rights and Civil Liberties of the Intelligence Community.
(7) The Privacy Officer of the Intelligence Community.
(8) The Chief Information Officer of the Intelligence Community.
(9) The Chief Human Capital Officer of the Intelligence Community.
(10) The Chief Financial Officer of the Intelligence Community.
On page 51, strike lines 6 through 24 and insert the following:
SEC. 124. GENERAL COUNSEL OF THE INTELLIGENCE COMMUNITY.
(a) General Counsel of Intelligence Community.--There is a General Counsel of the Intelligence Community who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(b) Prohibition on Dual Service as General Counsel of Another Agency.--The individual serving in the position of General Counsel of the Intelligence Community may not, while so serving, also serve as the General Counsel of any other department, agency, or element of the United States Government.
(c) Scope of Position.--The General Counsel of the Intelligence Community is the chief legal officer of the intelligence community.
(d) Functions.--The General Counsel of the Intelligence Community shall perform such functions as the National Intelligence Director may prescribe.
On page 52, strike line 21 and all that follows through page 53, line 7, and insert the following:
SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE
INTELLIGENCE COMMUNITY.
(a) Officer for Civil Rights and Civil Liberties of Intelligence Community.--There is an Officer for Civil Rights and Civil Liberties of the Intelligence Community who shall be appointed by the President.
(b) Supervision.--The Officer for Civil Rights and Civil Liberties of the Intelligence Community shall report directly to the National Intelligence Director.
(c) Duties.--The Officer for Civil Rights and Civil Liberties of the Intelligence Community shall--
On page 53, beginning on line 14, strike ``National Intelligence Authority;'' and insert ``elements of the intelligence community; and''.
On page 53, beginning on line 18, strike ``within the National Intelligence Program''.
On page 53, strike lines 20 through 24.
On page 54, line 1, strike ``the Authority'' and insert
``the elements of the intelligence community''.
On page 54, line 11, strike ``the Authority'' and insert
``the elements of the intelligence community''.
On page 55, strike lines 1 through 15 and insert the following:
SEC. 127. PRIVACY OFFICER OF THE INTELLIGENCE COMMUNITY.
(a) Privacy Officer of Intelligence Community.--There is a Privacy Officer of the Intelligence Community who shall be appointed by the National Intelligence Director.
(b) Duties.--(1) The Privacy Officer of the Intelligence Community shall have primary responsibility for the privacy policy of the intelligence community, including in the relationships among the elements of the intelligence community.
On page 56, strike lines 9 through 16 and insert the following:
SEC. 128. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
(a) Chief Information Officer of Intelligence Community.--There is a Chief Information Officer of the Intelligence Community who shall be appointed by the National Intelligence Director.
(b) Duties.--The Chief Information Officer of the Intelligence Community shall--
On page 57, strike line 1 and all that follows through page 59, line 7, and insert the following:
SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
(a) Chief Human Capital Officer of Intelligence Community.--There is a Chief Human Capital Officer of the Intelligence Community who shall be appointed by the National Intelligence Director.
(b) Duties.--The Chief Human Capital Officer of the Intelligence Community shall--
(1) have the functions and authorities provided for Chief Human Capital Officers under sections 1401 and 1402 of title 5, United States Code, with respect to the elements of the intelligence community; and
(2) otherwise advise and assist the National Intelligence Director in exercising the authorities and responsibilities of the Director with respect to the workforce of the intelligence community.
SEC. 130. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
(a) Chief Financial Officer of Intelligence Community.--There is a Chief Financial Officer of the Intelligence Community who shall be designated by the President, in consultation with the National Intelligence Director.
(b) Designation Requirements.--The designation of an individual as Chief Financial Officer of the Intelligence Community shall be subject to applicable provisions of section 901(a) of title 31, United States Code.
(c) Authorities and Functions.--The Chief Financial Officer of the Intelligence Community shall have such authorities, and carry out such functions, with respect to the elements of the intelligence community as are provided for an agency Chief Financial Officer by section 902 of title 31, United States Code, and other applicable provisions of law.
(d) Coordination With NIA Comptroller.--(1) The Chief Financial Officer of the Intelligence Community shall coordinate with the Comptroller of the National Intelligence Authority in exercising the authorities and performing the functions provided for the Chief Financial Officer under this section.
(2) The National Intelligence Director shall take such actions as are necessary to prevent duplication of effort by the Chief Financial Officer of the Intelligence Community and the Comptroller of the National Intelligence Authority.
(e) Integration of Financial Systems.--Subject to the supervision, direction, and control of the National Intelligence Director, the Chief Financial Officer of the Intelligence Community shall take appropriate actions to ensure the timely and effective integration of the financial systems of the elements of the intelligence community as soon as possible after the date of the enactment of this Act.
On page 60, strike lines 5 through 13 and insert the following:
SEC. 141. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Office of Inspector General of Intelligence Community.--There is within the National Intelligence Authority an Office of the Inspector General of the Intelligence Community.
(b) Purpose.--The purpose of the Office of the Inspector General of the Intelligence Community is to--
On page 60, line 19, insert ``and'' at the end.
On page 60, line 22, strike ``and'' at the end.
On page 60, strike line 23 and all that follows through page 61, line 2.
On page 62, strike lines 1 through 7 and insert the following:
(c) Inspector General of Intelligence Community.--(1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector General of the Intelligence Community, who shall be appointed by the President, by and with the advice and consent of the Senate.
On page 62, beginning on line 12 strike ``National Intelligence Authority'' and insert ``intelligence community''.
On page 63, beginning on line 2, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 63, beginning on line 8, strike ``, the relationships among'' and all that follows through ``the other elements of the intelligence community'' and insert
``and the relationships among the elements of the intelligence community''.
On page 64, line 11, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 65, line 7, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 65, beginning on line 12, strike ``the National Intelligence Authority, and of any other element of the intelligence community within the National Intelligence Program,'' and insert ``any element of the intelligence community''.
On page 66, line 2, strike ``the National Intelligence Authority'' and insert ``an element of the intelligence community''.
On page 67, beginning on line 9, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 68, line 9, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 69, line 3, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 69, line 22, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 70, line 1, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 70, beginning on line 12, strike ``National Intelligence Authority'' and insert ``elements of the intelligence community''.
On page 71, beginning on line 16, strike ``the Authority'' and insert ``any element of the intelligence community''.
On page 72, beginning on line 3, strike ``the Authority'' and all that follows through line 8 and insert ``an element of the intelligence community or in a relationship between the elements of the intelligence community.''.
On page 72, beginning on line 21, strike ``Authority official who holds or held a position in the Authority'' and insert ``an official of an element of the intelligence community who holds or held in such element a position''.
On page 73, strike line 24 and all that follows through page 74, line 5, and insert the following:
(5)(A) An employee of an element of the intelligence community, an employee of any entity other than an element of the intelligence community who is assigned or detailed to an element of the intelligence community, or an employee of a contractor of an element of the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such complaint or information to the Inspector General.
On page 77, beginning on line 17, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 77, strike line 19 and all that follows through page 78, line 2, and insert the following:
SEC. 142. OMBUDSMAN OF THE INTELLIGENCE COMMUNITY.
(a) Ombudsman of Intelligence Community.--There is within the National Intelligence Authority an Ombudsman of the Intelligence Community who shall be appointed by the National Intelligence Director.
(b) Duties.--The Ombudsman of the Intelligence Community shall--
On page 78, beginning on line 6, strike ``the National Intelligence Authority'' and all that follows through
``National Intelligence Program,'' and insert ``any element of the intelligence community''.
On page 78, beginning on line 14, strike ``the Authority'' and all that follows through ``National Intelligence Program,'' and insert ``any element of the intelligence community''.
On page 78, beginning on line 20, strike ``the Authority'' and all that follows through ``National Intelligence Program,'' and insert ``any element of the intelligence community''.
On page 79, beginning on line 4, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 79, line 7, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 79, strike lines 18 through 25 and insert the following:
(B) The elements of the intelligence community, including the divisions, offices, programs, officers, and employees of such elements.
On page 80, line 8, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 80, beginning on line 14, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 80, beginning on line 20, strike ``the National Intelligence Authority'' and all that follows through
``National Intelligence Program,'' and insert ``any element of the intelligence community''.
On page 81, beginning on line 9, strike ``National Intelligence Authority'' and insert ``Intelligence Community''.
On page 204, strike lines 1 through 3 and insert the following:
SEC. 312. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL
OFFICER OF THE INTELLIGENCE COMMUNITY.
______
SA 3760. Mr. SARBANES (for himself and Mr. Bingaman) 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 158, line 5, strike ``and''.
On page 158, line 9, strike the period and insert ``; and''.
On page 158, insert between lines 9 and 10, the following:
(C) each proposal reviewed by the Board under subsection
(d)(1) that--
(i) the Board advised against implementation; and
(ii) notwithstanding such advice, actions were taken to implement.
______
SA 3761. Mr. SPECTER (for himself and Mrs. Feinstein) 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 10, between lines 16 and 17, insert the following:
(d) Term of Office; Removal.--(1) The term of service of the National Intelligence Director shall be ten years.
(2) An individual may not serve more than one term of service as National Intelligence Director.
(3) Paragraphs (1) and (2) shall apply with respect to any individual appointed as National Intelligence Director after the date of the enactment of this Act.
(4) If the individual serving as Director of Central Intelligence on the date of the enactment of this Act is the first person appointed as National Intelligence Director under this section, the date of appointment of such individual as National Intelligence Director shall be deemed to be the date of the commencement of the term of service of such individual as National Intelligence Director.
On page 10, line 17, strike ``(d)'' and insert ``(e)''.
On page 11, line 3, strike ``(e)'' and insert ``(f)''.
On page 11, line 5, strike ``subsection (c)'' and insert
``subsection (e)''.
______
SA 3762. Mr. FEINGOLD 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 97, between lines 18 and 19, insert the following:
(3) The National Intelligence Director shall establish formal mechanisms to ensure the regular sharing of information and analysis by national intelligence centers having adjacent geographic regions of intelligence responsibility or otherwise having significant connections in areas of intelligence responsibility.
______
SA 3763. Mr. COLEMAN 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; as follows:
On page 117, strike line 1 and all that follows through page 118, line 7.
______
SA 3764. Mr. FITZGERALD submitted an amendment intended to be proposed by him to the bill S. 2806, making appropriations for the Departments of Transportation and Treasury, the Executive Office of the President, and certain independent agencies for the fiscal year ending September 30, 2005, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. STATE-BY-STATE COMPARISON OF HIGHWAY CONSTRUCTION
COSTS.
(a) Collection of Data.--
(1) In general.--The Administrator of the Federal Highway Administration (referred to in this section as the
``Administrator'') shall collect from States any bid price data that is necessary to make State-by-State comparisons of highway construction costs.
(2) Data required.--In determining which data to collect and the procedures for collecting data, the Administrator shall take into account the data collection deficiencies identified in the report prepared by the Government Accountability Office numbered GAO-04-113R.
(b) Report.--
(1) In general.--The Administrator shall submit to Congress an annual report on the bid price data collected under subsection (a).
(2) Inclusions.--The report shall include--
(A) State-by-State comparisons of highway construction costs for the previous fiscal year (including the cost to construct a 1-mile road segment of a standard design, as determined by the Administrator); and
(B) a description of the competitive bidding procedures used in each State.
______
SA 3765. Mr. ALLARD 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. __. HOMELAND SECURITY GEOGRAPHIC INFORMATION.
(a) Findings.--Congress finds that--
(1) geographic technologies and geographic data improve government capabilities to detect, plan, prepare, and respond to disasters in order to save lives and protect property;
(2) geographic data improves the ability of information technology applications and systems to enhance public security in a cost-effective manner; and
(3) geographic information preparedness in the United States, and specifically in the Department of Homeland Security, is insufficient because of--
(A) inadequate geographic data compatibility;
(B) insufficient geographic data sharing; and
(C) technology interoperability barriers.
(b) Homeland Security Geographic Information.--Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
(1) by inserting ``(a) In General.--'' before ``The Chief Information''; and
(2) by adding at the end the following:
``(b) Geographic Information Functions.--
``(1) Definition.--In this subsection, the term `geographic information' means the information systems that involve locational data, such as maps or other geospatial information resources.
``(2) Office of geospatial management.--
``(A) Establishment.--The Office of Geospatial Management is established within the Office of the Chief Information Officer.
``(B) Geospatial information officer.--
``(i) Appointment.--The Office of Geospatial Management shall be administered by the Geospatial Information Officer, who shall be appointed by the Secretary and serve under the direction of the Chief Information Officer.
``(ii) Functions.--The Geospatial Information Officer shall assist the Chief Information Officer in carrying out all functions under this section and in coordinating the geographic information needs of the Department.
``(C) Coordination of geographic information.--The Chief Information Officer shall establish and carry out a program to provide for the efficient use of geographic information, which shall include--
``(i) providing such geographic information as may be necessary to implement the critical infrastructure protection programs;
``(ii) providing leadership and coordination in meeting the geographic information requirements of those responsible for planning, prevention, mitigation, assessment and response to emergencies, critical infrastructure protection, and other functions of the Department; and
``(iii) coordinating with users of geographic information within the Department to assure interoperability and prevent unnecessary duplication.
``(D) Responsibilities.--In carrying out this subsection, the responsibilities of the Chief Information Officer shall include--
``(i) coordinating the geographic information needs and activities of the Department;
``(ii) implementing standards, as adopted by the Director of the Office of Management and Budget under the processes established under section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), to facilitate the interoperability of geographic information pertaining to homeland security among all users of such information within--
``(I) the Department;
``(II) State and local government; and
``(III) the private sector;
``(iii) coordinating with the Federal Geographic Data Committee and carrying out the responsibilities of the Department pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906; and
``(iv) making recommendations to the Secretary and the Executive Director of the Office for State and Local Government Coordination and Preparedness on awarding grants to--
``(I) fund the creation of geographic data; and
``(II) execute information sharing agreements regarding geographic data with State, local, and tribal governments.
``(3) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection for each fiscal year.''.
______
SA 3766. Mr. McCAIN proposed an amendment to the bill S. 2845, to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes; as follows:
At the appropriate place, insert the following:
TITLE --PUBLIC SAFETY SPECTRUM
SEC. --01. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Spectrum Availability for Emergency-Response and Law-Enforcement To Improve Vital Emergency Services Act'' or the ``SAVE LIVES Act''.
(b) Table of Contents.--The table of contents for this title is as follows:
Sec. --01. Short title; table of contents.
Sec. --02. Findings.
Sec. --03. Setting a specific date for the availability of spectrum for public safety organizations and creating a deadline for the transition to digital television.
Sec. --04. Studies of communications capabilities and needs.
Sec. --05. Statutory authority for the Department of Homeland
Security's ``SAFECOM'' program.
Sec. --06. Grant program to provide enhanced interoperability of communications for first responders.
Sec. --07. Digital transition public safety communications grant and consumer assistance fund.
Sec. --08. Digital transition program.
Sec. --09. Label requirement for analog television sets.
Sec. --10. Report on consumer education program requirements.
Sec. --11. FCC to issue decision in certain proceedings.
Sec. --12. Definitions.
Sec. --13. Effective date.
SEC. --02. FINDINGS.
The Congress finds the following:
(1) In its final report, the 9-11 Commission advocated that Congress pass legislation providing for the expedited and increased assignment of radio spectrum for public safety purposes. The 9-11 Commission stated that this spectrum was necessary to improve communications between local, State and Federal public safety organizations and public safety organizations operating in neighboring jurisdictions that may respond to an emergency in unison.
(2) Specifically, the 9-11 Commission report stated ``The inability to communicate was a critical element at the World Trade Center, Pentagon and Somerset County, Pennsylvania, crash sites, where multiple agencies and multiple jurisdictions responded. The occurrence of this problem at three very different sites is strong evidence that compatible and adequate communications among public safety organizations at the local, State, and Federal levels remains an important problem.''.
(3) In the Balanced Budget Act of 1997, the Congress directed the FCC to allocate spectrum currently being used by television broadcasters to public safety agencies to use for emergency communications. This spectrum has specific characteristics that make it an outstanding choice for emergency communications because signals sent over these frequencies are able to penetrate walls and travel great distances, and can assist multiple jurisdictions in deploying interoperable communications systems.
(4) This spectrum will not be fully available to public safety agencies until the completion of the digital television transition. The need for this spectrum is greater than ever. The nation cannot risk further loss of life due to public safety agencies' first responders' inability to communicate effectively in the event of another terrorist act or other crisis, such as a hurricane, tornado, flood, or earthquake.
(5) In the Balanced Budget Act of 1997, Congress set a date of December 31, 2006, for the termination of the digital television transition. Under current law, however, the deadline will be extended if fewer than 85 percent of the television households in a market are able to continue receiving local television broadcast signals.
(6) Federal Communications Commission Chairman Michael K. Powell testified at a hearing before the Senate Commerce, Science, and Transportation Committee on September 8, 2004, that, absent government action, this extension may allow the digital television transition to continue for ``decades'' or
``multiples of decades''.
(7) The Nation's public safety and welfare cannot be put off for ``decades'' or ``multiples of decades''. The Federal government should ensure that this spectrum is available for use by public safety organizations by January 1, 2009.
(8) Any plan to end the digital television transition would be incomplete if it did not ensure that consumers would be able to continue to enjoy over-the-air broadcast television with minimal disruption. If broadcasters air only a digital signal, some consumers may be unable to view digital transmissions using their analog-only television set. Local broadcasters are truly an important part of our homeland security and often an important communications vehicle in the event of a national emergency. Therefore, consumers who rely on over-the-air television, particularly those of limited economic means, should be assisted.
(9) The New America Foundation has testified before Congress that the cost to assist these 17.4 million exclusively over-the-air households to continue to view television is less than $1 billion dollars for equipment, which equates to roughly 3 percent of the Federal revenue likely from the auction of the analog television spectrum.
(10) Specifically, the New America Foundation has estimated that the Federal Government's auction of this spectrum could yield $30-to-$40 billion in revenue to the Treasury. Chairman Powell stated at the September 8, 2004, hearing that
``estimates of the value of that spectrum run anywhere from
$30 billion to $70 billion''.
(11) Additionally, there will be societal benefits with the return of the analog broadcast spectrum. Former FCC Chairman Reed F. Hundt, at an April 28, 2004, hearing before the Senate Commerce, Science, and Transportation Committee, testified that this spectrum ``should be the fit and proper home of wireless broadband''. Mr. Hundt continued, ``Quite literally, [with this spectrum] the more millions of people in rural America will be able to afford Big Broadband Internet access, the more hundreds of millions of people in the world will be able to afford joining the Internet community.''.
(12) Due to the benefits that would flow to the Nation's citizens from the Federal Government reclaiming this analog television spectrum--including the safety of our Nation's first responders and those protected by first responders, additional revenues to the Federal treasury, millions of new jobs in the telecommunications sector of the economy, and increased wireless broadband availability to our Nation's rural citizens--Congress finds it necessary to set January 1, 2009, as a firm date for the return of this analog television spectrum.
SEC. 3. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF
SPECTRUM FOR PUBLIC SAFETY ORGANIZATIONS AND
CREATING A DEADLINE FOR THE TRANSITION TO
DIGITAL TELEVISION.
(a) In General.--Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) is amended--
(1) by striking ``2006.'' in subparagraph (A) and inserting
``2008.'';
(2) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C);
(3) by striking ``subparagraph (A) or (B),'' in subparagraph (B), as redesignated, and inserting
``subparagraph (A),'';
(4) by striking ``subparagraph (C)(i),'' in subparagraph
(C), as redesignated, and inserting ``subparagraph (B)(i),''; and
(5) by adding at the end the following:
``(D) Acceleration of deadline for public safety use.--
``(i) Notwithstanding subparagraph (A), the Commission shall take all action necessary to complete by December 31, 2007--
``(I) the return of television station licenses operating on channels between 764 and 776 megaHertz and between 794 and 806 megaHertz; and
``(II) assignment of the electromagnetic spectrum between 764 and 776 megahertz, and between 794 and 806 megahertz, for public safety services.
``(ii) Notwithstanding subparagraph (A), the Commission may modify, reassign, or require the return of, the television station licenses assigned to frequencies between 758 and 764 megahertz, 776 and 782 megahertz, and 788 and 794 megahertz as necessary to permit operations by public safety services on frequencies between 764 and 776 megahertz and between 794 and 806 megahertz, after the date of enactment of the SAVES LIVES Act, but such modifications, reassignments, or returns may not take effect until after December 31, 2007.''.
(b) Certain Commercial Use Spectrum.--The Commission shall assign the spectrum described in section 337(a)(2) of the Communications Act of 1934 (47 U.S.C. 337(a)(2)) allocated for commercial use by competitive bidding pursuant to section 309(j) of that Act (47 U.S.C. 309(j)) no later than 1 year after the Commission transmits the report required by section 4(a) to the Congress.
SEC. --04. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.
(a) In General.--The Commission, in consultation with the Secretary of Homeland Security, shall conduct a study to assess strategies that may be used to meet public safety communications needs, including--
(1) the short-term and long-term need for additional spectrum allocation for Federal, State, and local first responders, including an additional allocation of spectrum in the 700 megaHertz band;
(2) the need for a nationwide interoperable broadband mobile communications network;
(3) the ability of public safety entities to utilize wireless broadband applications; and
(4) the communications capabilities of first receivers such as hospitals and health care workers, and current efforts to promote communications coordination and training among the first responders and the first receivers.
(b) Reallocation Study.--The Commission shall conduct a study to assess the advisability of reallocating any amount of spectrum in the 700 megaHertz band for unlicensed broadband uses. In the study, the Commission shall consider all other possible users of this spectrum, including public safety.
(c) Report.--The Commission shall report the results of the studies, together with any recommendations it may have, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce within 1 year after the date of enactment of this Act.
SEC. --05. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND
SECURITY'S ``SAFECOM'' PROGRAM.
Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) SAFECOM Authorized.--
``(1) In general.--In carrying out subsection (a), the Under Secretary shall establish a program to address the interoperability of communications devices used by Federal, State, tribal, and local first responders, to be known as the Wireless Public Safety Interoperability Communications Program, or `SAFECOM'. The Under Secretary shall coordinate the program with the Director of the Department of Justice's Office of Science and Technology and all other Federal programs engaging in communications interoperability research, development, and funding activities to ensure that the program takes into account, and does not duplicate, those programs or activities.
``(2) Components.--The program established under paragraph
(1) shall be designed--
``(A) to provide research on the development of a communications system architecture that would ensure the interoperability of communications devices among Federal, State, tribal, and local officials that would enhance the potential for a coordinated response to a national emergency;
``(B) to support the completion and promote the adoption of mutually compatible voluntary consensus standards developed by a standards development organization accredited by the American National Standards Institute to ensure such interoperability; and
``(C) to provide for the development of a model strategic plan that could be used by any State or region in developing its communications interoperability plan.
``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection--
``(A) $22,105,000 for fiscal year 2005;
``(B) $22,768,000 for fiscal year 2006;
``(C) $23,451,000 for fiscal year 2007;
``(D) $24,155,000 for fiscal year 2008; and
``(E) $24,879,000 for fiscal year 2009.
``(c) National Baseline Study of Public Safety Communications Interoperability.--By December 31, 2005, the Under Secretary of Homeland Security for Science and Technology shall complete a study to develop a national baseline for communications interoperability and develop common grant guidance for all Federal grant programs that provide communications-related resources or assistance to State and local agencies, any Federal programs conducting demonstration projects, providing technical assistance, providing outreach services, providing standards development assistance, or conducting research and development with the public safety community with respect to wireless communications. The Under Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Under Secretary's findings, conclusions, and recommendations from the study.''.
SEC. --06. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY
OF COMMUNICATIONS FOR FIRST RESPONDERS.
(a) In General.--The Secretary of Homeland Security shall establish a program to help State, local, tribal, and regional first responders acquire and deploy interoperable communications equipment, purchase such equipment, and train personnel in the use of such equipment. The Secretary, in cooperation with the heads of other Federal departments and agencies who administer programs that provide communications-related assistance programs to State, local, and tribal public safety organizations, shall develop and implement common standards to the greatest extent practicable.
(b) Applications.--To be eligible for assistance under the program, a State, local, tribal, or regional first responder agency shall submit an application, at such time, in such form, and containing such information as the Under Secretary of Homeland Security for Science and Technology may require, including--
(1) a detailed explanation of how assistance received under the program would be used to improve local communications interoperability and ensure interoperability with other appropriate Federal, State, local, tribal, and regional agencies in a regional or national emergency;
(2) assurance that the equipment and system would--
(A) not be incompatible with the communications architecture developed under section 302(b)(2)(A) of the Homeland Security Act of 2002;
(B) would meet any voluntary consensus standards developed under section 302(b)(2)(B) of that Act; and
(C) be consistent with the common grant guidance established under section 302(b)(3) of the Homeland Security Act of 2002.
(c) Grants.--The Under Secretary shall review applications submitted under subsection (b). The Secretary, pursuant to an application approved by the Under Secretary, may make the assistance provided under the program available in the form of a single grant for a period of not more than 3 years.
SEC. --07. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS
GRANT AND CONSUMER ASSISTANCE FUND.
(a) In General.--There is established on the books of the Treasury a separate fund to be known as the ``Digital Transition Consumer Assistance Fund'', which shall be administered by the Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information.
(b) Crediting of Receipts.--The Fund shall be credited with the amount specified in section 309(j)(8)(D) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(D)).
(c) Fund Availability.--
(1) Appropriations.--
(A) Consumer assistance program.--There are appropriated to the Secretary from the Fund such sums, not to exceed
$1,000,000,000, as are required to carry out the program established under section 8 of this Act.
(B) PSO grant program.--To the extent that amounts available in the Fund exceed the amount required to carry out that program, there are authorized to be appropriated to the Secretary of Homeland Security, such sums as are required to carry out the program established under section 6 of this Act, not to exceed an amount, determined by the Director of the Office of Management and Budget, on the basis of the findings of the National Baseline Interoperability study conducted by the SAFECOM Office of the Department of Homeland Security.
(2) Reversion of unused funds.--Any auction proceeds in the Fund that are remaining after the date on which the programs under section 6 and 8 of this Act terminate, as determined by the Secretary of Homeland Security and the Secretary of Commerce respectively, shall revert to and be deposited in the general fund of the Treasury.
(d) Deposit of Auction Proceeds.--Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) by inserting ``or subparagraph (D)'' in subparagraph
(A) after ``subparagraph (B)''; and
(2) by adding at the end the following new subparagraph:
``(D) Disposition of cash proceeds from auction of channels 52 through 69.--Cash proceeds attributable to the auction of any eligible frequencies between 698 and 806 megaHertz on the electromagnetic spectrum conducted after the date of enactment of the SAVE LIVES Act shall be deposited in the Digital Transition Consumer Assistance Fund established under section 7 of that Act.''.
SEC. --08. DIGITAL TRANSITION PROGRAM.
(a) In General.--The Secretary, in consultation with the Commission and the Director of the Office of Management and Budget, shall establish a program to assist households--
(1) in the purchase or other acquisition of digital-to-analog converter devices that will enable television sets that operate only with analog signal processing to continue to operate when receiving a digital signal;
(2) in the payment of a one-time installation fee (not in excess of the industry average fee for the date, locale, and structure involved, as determined by the Secretary) for installing the equipment required for residential reception of services provided by a multichannel video programming distributor (as defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 602(13)); or
(3) in the purchase of any other device that will enable the household to receive over-the-air digital television broadcast signals, but in an amount not in excess of the average per-household assistance provided under paragraphs
(1) and (2).
(b) Program Criteria.--The Secretary shall ensure that the program established under subsection (a)--
(1) becomes publicly available no later than January 1, 2008;
(2) gives first priority to assisting lower income households (as determined by the Director of the Bureau of the Census for statistical reporting purposes) who rely exclusively on over-the-air television broadcasts;
(3) gives second priority to assisting other households who rely exclusively on over-the-air television broadcasts;
(4) is technologically neutral; and
(5) is conducted at the lowest feasible administrative cost.
SEC. --09. LABEL REQUIREMENT FOR ANALOG TELEVISION SETS.
(a) In General.--Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following:
``(z) Require that any apparatus described in paragraph (s) sold or offered for sale in or affecting interstate commerce after September 30, 2005, that is incapable of receiving and displaying a digital television broadcast signal without the use of an external device that translates digital television broadcast signals into analog television broadcast signals have affixed to it and, if it is sold or offered for sale in a container, affixed to that container, a label that states that the apparatus will be incapable of displaying over-the-air television broadcast signals received after December 31, 2008, without the purchase of additional equipment.''.
(b) Shipment Prohibited.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Shipment of Unlabeled Obsolescent Television Sets.--No person shall ship in interstate commerce or manufacture in the United States any apparatus described in section 303(s) of this Act except in accordance with rules prescribed by the Commission under section 303(z) of this Act.''.
(c) Point of Sale Warning.--The Commission, in consultation with the Federal Trade Commission, shall require the display at, or in close proximity to, any commercial retail sales display of television sets described in section 303(z) of the Communications Act of 1934 (47 U.S.C. 303(z)) sold or offered for sale in or affecting interstate commerce after September 30, 2005, of a printed notice that clearly and conspicuously states that the sets will be incapable of displaying over-the-air television broadcast signals received after December 31, 2008, without the purchase or lease of additional equipment.
SEC. --10. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.
Within 1 year after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, after consultation with the Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing recommendations with respect to--
(1) an effective program to educate consumers about the transition to digital television broadcast signals and the impact of that transition on consumers' choices of equipment to receive such signals;
(2) the need, if any, for Federal funding for such a program;
(3) the date of commencement and duration of such a program; and
(4) what department or agency should have the lead responsibility for conducting such a program.
SEC. --11. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.
The Commission shall issue a final decision before--
(1) January 1, 2005, in the Matter of Carriage of Digital Television Broadcast Signals; Amendments to Part 76 of the Commission's Rules, CS Docket No. 98-120;
(2) January 1, 2005, in the Matter of Public Interest Obligations of TV Broadcast Licensees, MM Docket No. 99-360; and
(3) January 1, 2006, in the Implementation of the Satellite Home Viewer Improvement Act of 1999; Local Broadcast Signal Carriage Issues, CS Docket No. 00-96.
SEC. --12. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal Communications Commission.
(2) Fund.--The term ``Fund'' means the Digital Transition Consumer Assistance Fund established by section 7.
(3) Secretary.--Except where otherwise expressly provided, the term ``Secretary'' means the Secretary of Commerce.
SEC. --13. EFFECTIVE DATE.
This title takes effect on the date of enactment of this Act.
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SA 3767. Mr. LAUTENBERG 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 10, line 2, insert ``(1)'' after ``Director.--''.
On page 10, line 5, insert ``, for a term of up to 5 years'' after ``Senate''.
On page 10, after line 5, insert the following:
(2) The National Intelligence Director may be reappointed by the President for additional terms of up to 5 years each, by and with the consent of the Senate.
______
SA 3768. Mr. BAUCUS (for himself, Mr. Roberts, Mr. Craig, and Mr. Bingaman) 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 new section:
SEC. 353. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN
THE OFFICE OF FOREIGN ASSETS CONTROL.
(a) Sense of Congress.--It is the sense of Congress that the Secretary of the Treasury should allocate the resources of the Office of Foreign Assets Control to enforce the economic and trade sanctions of the United States in a manner that enforcing such sanctions--
(1) against al Qaeda and groups affiliated with al Qaeda is the highest priority of the Office;
(2) against members of the insurgency in Iraq is the second highest priority of the Office; and
(3) against Iran is the third highest priority of the Office.
(b) Requirement for Annual Report.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury, in consultation with the National Intelligence Director, shall submit to Congress a report on the allocation of resources within the Office of Foreign Assets Control.
(c) Content of Annual Report.--An annual report required by subsection (b) shall include--
(1) a description of--
(A) the allocation of resources within the Office of Foreign Assets Control to enforce the economic and trade sanctions of the United States against terrorist organizations and targeted foreign countries during the fiscal year prior to the fiscal year in which such report is submitted; and
(B) the criteria on which such allocation is based;
(2) a description of any proposed modifications to such allocation; and
(3) an explanation for any such allocation that is not based on prioritization of threats determined using appropriate criteria, including the likelihood that--
(A) a terrorist organization or targeted foreign country--
(i) will sponsor or plan a direct attack against the United States or the interests of the United States; or
(ii) is participating in or maintaining a nuclear, biological, or chemical weapons development program; or
(B) a targeted foreign country--
(i) is financing, or allowing the financing, of a terrorist organization within such country; or
(ii) is providing safe haven to a terrorist organization within such country.
(d) Effective Date.--Notwithstanding section 341 or any other provision of this Act, this section shall take effect on the date of the enactment of this Act.
______
SA 3769. Mr. SPECTER submitted an amendment intended to be proposed by him to the bill S. 2845, to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST
STATES; DAMAGES.
(a) Right of Action.--Section 1605 of title 28, United States Code, is amended--
(1) in subsection (f), in the first sentence, by inserting
``or (h)'' after ``subsection (a)(7)''; and
(2) by adding at the end the following:
``(h) Certain Actions Against Foreign States or Officials, Employees, or Agents of Foreign States--
``(1) Cause of action.--
``(A) Cause of action.--A foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or an official, employee, or agent of such a foreign state, shall be liable to a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) or the national's legal representative for personal injury or death caused by acts of that foreign state, or by that official, employee, or agent while acting within the scope of his or her office, employment, or agency, for which the courts of the United States may maintain jurisdiction under subsection (a)(7) for money damages. The removal of a foreign state from designation as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) shall not terminate this cause of action.
``(B) Discovery.--The provisions of subsection (g) apply to actions brought under subparagraph (A).
``(C) Nationality of claimant.--No action shall be maintained under subparagraph (A) arising from acts of a foreign state or an official, employee, or agent of a foreign state if neither the claimant nor the victim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when such acts occurred.
``(2) Damages.--In an action brought under paragraph (1) against a foreign state or an official, employee, or agent of a foreign state, the foreign state, official, employee, or agent, as the case may be, may be held liable for money damages in such action, which may include economic damages, solatium, damages for pain and suffering, and, notwithstanding section 1606, punitive damages. In all actions brought under paragraph (1), a foreign state shall be vicariously liable for the actions of its officials, employees, or agents.
``(3) Appeals.--An appeal in the courts of the United States in an action brought under paragraph (1) may be made--
``(A) only from a final decision under section 1291 of this title, and then only if filed with the clerk of the district court within 30 days after the entry of such final decision; and
``(B) in the case of an appeal from an order denying the immunity of a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, only if filed under section 1292 of this title.''.
(b) Conforming Amendment.--Section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as contained in section 101(a) of Division A of Public Law 104-208 (110 Stat. 3009-172; 28 U.S.C. 1605 note), is repealed.
PROPERTY SUBJECT TO ATTACHMENT EXECUTION.
Section 1610 of title 28, United States Code, is amended by adding at the end the following:
``(g) Property Interests in Certain Actions.--
``(1) In general.--A property interest of a foreign state, or agency or instrumentality of a foreign state, against which a judgment is entered under section 1605(a)(7), including a property interest that is a separate juridical entity, is subject to execution upon that judgment as provided in this section, regardless of--
``(A) the level of economic control over the property interest by the government of the foreign state;
``(B) whether the profits of the property interest go to that government;
``(C) the degree to which officials of that government manage the property interest or otherwise have a hand in its daily affairs,
``(D) whether that government is the real beneficiary of the conduct of the property interest; or
``(E) whether establishing the property interest as a separate entity would entitle the foreign state to benefits in United States courts while avoiding its obligations.
``(2) U.S. sovereign immunity inapplicable.--Any property interest of a foreign state, or agency or instrumentality of a foreign state, to which paragraph (1) applies shall not be immune from execution upon a judgment entered under section 1605(a)(7) because the property interest is regulated by the United States Government by reason of action taken against that foreign state under the Trading With the Enemy Act or the International Emergency Economic Powers Act.''
APPOINTMENT OF SPECIAL MASTERS.
(a) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking ``December 21, 1988, with respect to which an investigation or'' and inserting ``October 23, 1983, with respect to which an investigation or civil or criminal''.
(b) Justice for Marines.--The Attorney General of the United States is authorized and directed to transfer such Victims of Crime Act Funds to the Administrator of the US District Court for District of Columbia as may be required to carry out the Orders of United States District Judge Royce C. Lamberth appointing Special Masters in the matter of Peterson, et al v. The Islamic Republic of Iran, Case No 01CV02094 (RCL)''
LIS PENDENS.
(a) In every action filed in a United States Court in which jurisdiction is alleged under 28 U.S.C. Sec. 1605(a)(7) the filing of a ``Notice of Pending Action Pursuant to 28 U.S.C. Sec. 1605(a)(7)'' to which shall be attached a copy of the Complaint filed in the action, shall have the effect of establishing a lien of lis pendens upon any real property or tangible personal property located within that judicial district titled in the name of any defendant or titled in the name of any entity controlled by any such defendant, provided that such notice contains a statement of said entities controlled by any such defendant. A Notice of Pending Action Pursuant to 28 U.S.C. Sec. 1605(a)(7) shall be filed by the Clerk of the District Court in the same manner as any pending action and shall be indexed listing as defendants all named defendants and all entities listed as controlled by any defendant.
(b) Liens established as provided in this section shall be enforceable as provided by 28 U.S.C. Ch.111.
APPLICABILITY.
(a) In General.--The amendments made by this Act apply to any claim for which a foreign state is not immune under section 1605(a)(7) of title 28, United States Code, arising before, on, or after the date of the enactment of this Act.
(b) Prior Causes of Action-In the case of any action that--
(1) was brought in a timely manner but was dismissed before the enactment of this Act for failure to state a cause of action, and
(2) would be cognizable by reason of the amendments made by this Act, the 10-year limitation period provided under section 1605(f) of title 28, United States Code, shall be tolled during the period beginning on the date on which the action was first brought and ending 60 days after the date of the enactment of this Act.
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SA 3770. Mr. AKAKA 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, insert the following new title:
TITLE IV--SAFE STORAGE OF RADIOLOGICAL MATERIALS
SECTION 401. DISPOSAL OF CERTAIN LOW-LEVEL RADIOACTIVE WASTE.
(a) Findings.--Congress makes the following findings:
(1) According to the report of the National Commission on Terrorist Attacks Upon the United States, more than two dozen terrorist groups, including al Qaeda, are pursuing chemical, biological, radiological, and nuclear materials.
(2) According to the report of the National Commission on Terrorist Attacks Upon the United States, the United States is a prime target for weapons made with chemical, biological, radiological, and nuclear materials.
(3) The Department of Energy estimates that about 14,000 sealed sources of greater-than-Class C low-level radioactive waste (as defined in section 61.55 of title 10, Code of Federal Regulations) will become unwanted and will have to be disposed of through the Offsite Source Recovery Program by 2010.
(4) The Department of Energy--
(A) does not have the resources or storage facility to recover and store all unwanted sources of greater-than-Class C low-level radioactive waste; and
(B) has not identified a permanent disposal facility.
(5) A report by the Government Accountability Office entitled ``Nuclear Proliferation: DOE Action Needed to Ensure Continued Recovery of Unwanted Sealed Radioactive Sources'' states that ``[t]he small size and portability of the sealed sources make them susceptible to misuse, improper disposal, and theft. If these sealed sources fell into the hands of terrorists, they could be used as simple and crude but potentially dangerous radiological weapons, commonly called dirty bombs.''
(6) The Government Accountability Office report further states that ``[c]ertain sealed sources are considered particularly attractive for potential use in producing dirty bombs because, among other things, they contain more concentrated amounts of nuclear material known as `greater-than-Class-C material.'''
(b) Department of Energy Responsibilities.--
(1) Designation of responsibility.--The Secretary of Energy shall designate an entity within the Department of Energy to have the responsibility of completing activities needed to develop a facility for safely disposing of all greater-than-Class C low-level radioactive waste.
(2) Consultation with congress.--In developing a plan for a permanent disposal facility for greater-than-Class C low-level radioactive waste (including preparation of an environmental impact statement and issuance of a record of decision), the Secretary of Energy shall consult with Congress.
(c) Reports.--
(1) Update of 1987 report.--
(A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to Congress an update of the comprehensive report making recommendations for ensuring the safe disposal of all greater-than-Class C low-level radioactive waste that was submitted by the Secretary to Congress in February 1987.
(B) Contents.--The update shall contain--
(i) an identification of the radioactive waste that is to be disposed of (including the source of the waste and the volume, concentration, and other relevant characteristics of the waste);
(ii) an identification of the Federal and non-Federal options for disposal of the waste;
(iii) a description of the actions proposed to ensure the safe disposal of the waste;
(iv) an estimate of the costs of the proposed actions;
(v) an identification of the options for ensuring that the beneficiaries of the activities resulting in the generation of the radioactive waste bear all reasonable costs of disposing of the waste;
(vi) an identification of any statutory authority required for disposal of the waste; and
(vii) in coordination with the Environmental Protection Agency and the Nuclear Regulatory Commission, an identification of any regulatory guidance needed for the disposal of the waste.
(2) Report on permanent disposal facility.--
(A) Report on cost and schedule for completion of eis and rod.--Not later than 180 days after the date of submission of the update under paragraph (1), the Secretary of Energy shall submit to Congress a report containing an estimate of the cost and schedule to complete an environmental impact statement and record of decision for a permanent disposal facility for greater-than-Class C radioactive waste.
(B) Report on alternatives.--Before the Secretary of Energy makes a final decision on the disposal alternative to be implemented, the Secretary of Energy shall--
(i) submit to Congress a report that describes all alternatives under consideration; and
(ii) await action by Congress.
(3) Report on short-term plan.--
(A) In general.--Not later than December 31, 2005, the Secretary of Energy shall submit to Congress a plan to ensure the continued recovery and storage of greater-than-Class C low-level radioactive waste until a permanent disposal facility is available.
(B) Contents.--The plan shall contain estimated cost, resource, and facility needs.
______
SA 3771. Mr. BINGAMAN (for himself and Mr. Domenici) 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 91, between lines 12 and 13, insert the following:
(C) Employees of Federally Funded Research and Development Centers (as that term is defined in part 35 of the Federal Acquisition Regulation), including employees of the Department of Energy national laboratories who are associated with field intelligence elements of the Department of Energy, shall be eligible to serve under contract or other mechanism with the National Counterterrorism Center under this paragraph.
On page 98, between lines 21 and 22, insert the following:
(C) Employees of Federally Funded Research and Development Centers (as that term is defined in part 35 of the Federal Acquisition Regulation), including employees of the Department of Energy national laboratories who are associated with field intelligence elements of the Department of Energy, shall be eligible to serve under contract or other mechanism with a national intelligence center under this paragraph.
______
SA 3772. Mr. BINGAMAN 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 45, between lines 10 and 11, insert the following:
(11) The Chief Scientist of the National Intelligence Authority.
On page 45, line 11, strike ``(11)'' and insert ``(12)''.
On page 45, line 14, strike ``(12)'' and insert ``(13)''.
On page 59, between lines 14 and 15, insert the following:
SEC. 131. CHIEF SCIENTIST OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Chief Scientist of National Intelligence Authority.--There is a Chief Scientist of the National Intelligence Authority who shall be appointed by the National Intelligence Director.
(b) Requirement Relating to Appointment.--An individual appointed as Chief Scientist of the National Intelligence Authority shall have a professional background and experience appropriate for the duties of the Chief Scientist.
(c) Duties.--The Chief Scientist of the National Intelligence Authority shall--
(1) act as the chief representative of the National Intelligence Director for science and technology;
(2) chair the National Intelligence Authority Science and Technology Committee under subsection (d);
(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the budget of the National Intelligence Authority; and
(5) perform other such duties as may be prescribed by Director or by law.
(d) National Intelligence Authority Science and Technology Committee.--(1) There is within the Office of the Chief Scientist of the National Intelligence Authority a National Intelligence Authority Science and Technology Committee.
(2) The Committee shall be composed of composed of the principal science officers of the National Intelligence Program.
(3) The Committee shall--
(A) coordinate advances in research and development related to intelligence; and
(B) perform such other functions as the Chief Scientist of the National Intelligence Authority shall prescribe.
On page 59, line 15, strike ``131.'' and insert ``132.''.
On page 202, line 16, strike ``131(b)'' and insert
``132(b)''.
______
SA 3773. Mr. BURNS proposed an amendment to amendment SA 3766 proposed by Mr. McCain 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:
TITLE --PUBLIC SAFETY SPECTRUM
SEC. --01. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Spectrum Availability for Emergency-Response and Law-Enforcement To Improve Vital Emergency Services Act'' or the ``SAVE LIVES Act''.
(b) Table of Contents.--The table of contents for this title is as follows:
Sec. --01. Short title; table of contents.
Sec. --02. Findings.
Sec. --03. Setting a specific date for the availability of spectrum for public safety organizations and creating a deadline for the transition to digital television.
Sec. --04. Studies of communications capabilities and needs.
Sec. --05. Statutory authority for the Department of Homeland
Security's ``SAFECOM'' program.
Sec. --06. Grant program to provide enhanced interoperability of communications for first responders.
Sec. --07. Digital transition public safety communications grant and consumer assistance fund.
Sec. --08. Digital transition program.
Sec. --09. FCC authority to require label requirement for analog television sets.
Sec. --10. Report on consumer education program requirements.
Sec. --11. FCC to issue decision in certain proceedings.
Sec. --12. Definitions.
Sec. --13. Effective date.
SEC. --02. FINDINGS.
The Congress finds the following:
(1) In its final report, the 9-11 Commission advocated that Congress pass legislation providing for the expedited and increased assignment of radio spectrum for public safety purposes. The 9-11 Commission stated that this spectrum was necessary to improve communications between local, State and Federal public safety organizations and public safety organizations operating in neighboring jurisdictions that may respond to an emergency in unison.
(2) Specifically, the 9-11 Commission report stated ``The inability to communicate was a critical element at the World Trade Center, Pentagon and Somerset County, Pennsylvania, crash sites, where multiple agencies and multiple jurisdictions responded. The occurrence of this problem at three very different sites is strong evidence that compatible and adequate communications among public safety organizations at the local, State, and Federal levels remains an important problem.''.
(3) In the Balanced Budget Act of 1997, the Congress directed the FCC to allocate spectrum currently being used by television broadcasters to public safety agencies to use for emergency communications. This spectrum has specific characteristics that make it an outstanding choice for emergency communications because signals sent over these frequencies are able to penetrate walls and travel great distances, and can assist multiple jurisdictions in deploying interoperable communications systems.
(4) This spectrum will not be fully available to public safety agencies until the completion of the digital television transition. The need for this spectrum is greater than ever. The nation cannot risk further loss of life due to public safety agencies' first responders' inability to communicate effectively in the event of another terrorist act or other crisis, such as a hurricane, tornado, flood, or earthquake.
(5) In the Balanced Budget Act of 1997, Congress set a date of December 31, 2006, for the termination of the digital television transition. Under current law, however, the deadline will be extended if fewer than 85 percent of the television households in a market are able to continue receiving local television broadcast signals.
(6) Federal Communications Commission Chairman Michael K. Powell testified at a hearing before the Senate Commerce, Science, and Transportation Committee on September 8, 2004, that, absent government action, this extension may allow the digital television transition to continue for ``decades'' or
``multiples of decades''.
(7) The Nation's public safety and welfare cannot be put off for ``decades'' or ``multiples of decades''. The Federal government should ensure that this spectrum is available for use by public safety organizations by January 1, 2009.
(8) Any plan to end the digital television transition would be incomplete if it did not ensure that consumers would be able to continue to enjoy over-the-air broadcast television with minimal disruption. If broadcasters air only a digital signal, some consumers may be unable to view digital transmissions using their analog-only television set. Local broadcasters are truly an important part of our homeland security and often an important communications vehicle in the event of a national emergency. Therefore, consumers who rely on over-the-air television, particularly those of limited economic means, should be assisted.
(9) The New America Foundation has testified before Congress that the cost to assist these 17.4 million exclusively over-the-air households to continue to view television is less than $1 billion dollars for equipment, which equates to roughly 3 percent of the Federal revenue likely from the auction of the analog television spectrum.
(10) Specifically, the New America Foundation has estimated that the Federal Government's auction of this spectrum could yield $30-to-$40 billion in revenue to the Treasury. Chairman Powell stated at the September 8, 2004, hearing that
``estimates of the value of that spectrum run anywhere from
$30 billion to $70 billion''.
(11) Additionally, there will be societal benefits with the return of the analog broadcast spectrum. Former FCC Chairman Reed F. Hundt, at an April 28, 2004, hearing before the Senate Commerce, Science, and Transportation Committee, testified that this spectrum ``should be the fit and proper home of wireless broadband''. Mr. Hundt continued, ``Quite literally, [with this spectrum] the more millions of people in rural America will be able to afford Big Broadband Internet access, the more hundreds of millions of people in the world will be able to afford joining the Internet community.''.
(12) Due to the benefits that would flow to the Nation's citizens from the Federal Government reclaiming this analog television spectrum--including the safety of our Nation's first responders and those protected by first responders, additional revenues to the Federal treasury, millions of new jobs in the telecommunications sector of the economy, and increased wireless broadband availability to our Nation's rural citizens--Congress finds it necessary to set January 1, 2009, as a firm date for the return of this analog television spectrum.
SEC. 3. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF
SPECTRUM FOR PUBLIC SAFETY ORGANIZATIONS AND
CREATING A DEADLINE FOR THE TRANSITION TO
DIGITAL TELEVISION.
(a) In General.--Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) is amended--
(5) by adding at the end the following:
``(E) Acceleration of deadline for public safety use.--
``(i) Notwithstanding subparagraph (A) and (B), the Commission shall take all action necessary to complete by December 31, 2007--
``(I) the return of television station licenses operating on channels between 764 and 776 megaHertz and between 794 and 806 megaHertz; and
``(II) assignment of the electromagnetic spectrum between 764 and 776 megahertz, and between 794 and 806 megahertz, for public safety services.
``(ii) Notwithstanding subparagraphs (A) and (B), the Commission shall have the authority to modify, reassign, or require the return of, the television station licenses assigned to frequencies between 758 and 764 megahertz, 776 and 782 megahertz, and 788 and 794 megahertz as necessary to permit operations by public safety services on frequencies between 764 and 776 megahertz and between 794 and 806 megahertz, after the date of enactment of the this section, but such modifications, reassignments, or returns may not take effect until after December 31, 2007.''.
(b) The FCC may waive the requirements of sections (i) and
(ii) and such other rules as necessary:
(A) in the absence of a bona fide request from relevant first responders in the affected designated market area; and;
(B) to the extent necessary to avoid consumer disruption but only if all relevant public safety entities are able to use such frequencies free of interference by December 31, 2007, or are otherwise able to resolve interference issues with relevant broadcast licensee by mutual agreement.''
SEC. --04. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.
(a) In General.--The Commission, in consultation with the Secretary of Homeland Security, shall conduct a study to assess strategies that may be used to meet public safety communications needs, including--
(1) the short-term and long-term need for additional spectrum allocation for Federal, State, and local first responders, including an additional allocation of spectrum in the 700 megaHertz band;
(2) the need for a nationwide interoperable broadband mobile communications network;
(3) the ability of public safety entities to utilize wireless broadband applications; and
(4) the communications capabilities of first receivers such as hospitals and health care workers, and current efforts to promote communications coordination and training among the first responders and the first receivers.
(b) Reallocation Study.--The Commission shall conduct a study to assess the advisability of reallocating any amount of spectrum in the 700 megaHertz band for unlicensed broadband uses. In the study, the Commission shall consider all other possible users of this spectrum, including public safety.
(c) Report.--The Commission shall report the results of the studies, together with any recommendations it may have, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce within 1 year after the date of enactment of this Act.
SEC. --05. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND
SECURITY'S ``SAFECOM'' PROGRAM.
Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) SAFECOM Authorized.--
``(1) In general.--In carrying out subsection (a), the Under Secretary shall establish a program to address the interoperability of communications devices used by Federal, State, tribal, and local first responders, to be known as the Wireless Public Safety Interoperability Communications Program, or `SAFECOM'. The Under Secretary shall coordinate the program with the Director of the Department of Justice's Office of Science and Technology and all other Federal programs engaging in communications interoperability research, development, and funding activities to ensure that the program takes into account, and does not duplicate, those programs or activities.
``(2) Components.--The program established under paragraph
(1) shall be designed--
``(A) to provide research on the development of a communications system architecture that would ensure the interoperability of communications devices among Federal, State, tribal, and local officials that would enhance the potential for a coordinated response to a national emergency;
``(B) to support the completion and promote the adoption of mutually compatible voluntary consensus standards developed by a standards development organization accredited by the American National Standards Institute to ensure such interoperability; and
``(C) to provide for the development of a model strategic plan that could be used by any State or region in developing its communications interoperability plan.
``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection--
``(A) $22,105,000 for fiscal year 2005;
``(B) $22,768,000 for fiscal year 2006;
``(C) $23,451,000 for fiscal year 2007;
``(D) $24,155,000 for fiscal year 2008; and
``(E) $24,879,000 for fiscal year 2009.
``(c) National Baseline Study of Public Safety Communications Interoperability.--By December 31, 2005, the Under Secretary of Homeland Security for Science and Technology shall complete a study to develop a national baseline for communications interoperability and develop common grant guidance for all Federal grant programs that provide communications-related resources or assistance to State and local agencies, any Federal programs conducting demonstration projects, providing technical assistance, providing outreach services, providing standards development assistance, or conducting research and development with the public safety community with respect to wireless communications. The Under Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing the Under Secretary's findings, conclusions, and recommendations from the study.''.
SEC. --06. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY
OF COMMUNICATIONS FOR FIRST RESPONDERS.
(a) In General.--The Secretary of Homeland Security shall establish a program to help State, local, tribal, and regional first responders acquire and deploy interoperable communications equipment, purchase such equipment, and train personnel in the use of such equipment. The Secretary, in cooperation with the heads of other Federal departments and agencies who administer programs that provide communications-related assistance programs to State, local, and tribal public safety organizations, shall develop and implement common standards to the greatest extent practicable.
(b) Applications.--To be eligible for assistance under the program, a State, local, tribal, or regional first responder agency shall submit an application, at such time, in such form, and containing such information as the Under Secretary of Homeland Security for Science and Technology may require, including--
(1) a detailed explanation of how assistance received under the program would be used to improve local communications interoperability and ensure interoperability with other appropriate Federal, State, local, tribal, and regional agencies in a regional or national emergency;
(2) assurance that the equipment and system would--
(A) not be incompatible with the communications architecture developed under section 302(b)(2)(A) of the Homeland Security Act of 2002;
(B) would meet any voluntary consensus standards developed under section 302(b)(2)(B) of that Act; and
(C) be consistent with the common grant guidance established under section 302(b)(3) of the Homeland Security Act of 2002.
(c) Grants.--The Under Secretary shall review applications submitted under subsection (b). The Secretary, pursuant to an application approved by the Under Secretary, may make the assistance provided under the program available in the form of a single grant for a period of not more than 3 years.
SEC. --07. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS
GRANT AND CONSUMER ASSISTANCE FUND.
(a) In General.--There is established on the books of the Treasury a separate fund to be known as the ``Digital Transition Consumer Assistance Fund'', which shall be administered by the Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information.
(b) Crediting of Receipts.--The Fund shall be credited with the amount specified in section 309(j)(8)(D) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(D)).
(c) Fund Availability.--
(1) Appropriations.--
(A) Consumer assistance program.--There are appropriated to the Secretary from the Fund such sums, not to exceed
$1,000,000,000, as are required to carry out the program established under section 8 of this Act.
(B) PSO grant program.--To the extent that amounts available in the Fund exceed the amount required to carry out that program, there are authorized to be appropriated to the Secretary of Homeland Security, such sums as are required to carry out the program established under section 6 of this Act, not to exceed an amount, determined by the Director of the Office of Management and Budget, on the basis of the findings of the National Baseline Interoperability study conducted by the SAFECOM Office of the Department of Homeland Security.
(2) Reversion of unused funds.--Any auction proceeds in the Fund that are remaining after the date on which the programs under section 6 and 8 of this Act terminate, as determined by the Secretary of Homeland Security and the Secretary of Commerce respectively, shall revert to and be deposited in the general fund of the Treasury.
(d) Deposit of Auction Proceeds.--Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) by inserting ``or subparagraph (D)'' in subparagraph
(A) after ``subparagraph (B)''; and
(2) by adding at the end the following new subparagraph:
``(D) Disposition of cash proceeds from auction of channels 52 through 69.--Cash proceeds attributable to the auction of any eligible frequencies between 698 and 806 megaHertz on the electromagnetic spectrum conducted after the date of enactment of the SAVE LIVES Act shall be deposited in the Digital Transition Consumer Assistance Fund established under section 7 of that Act.''.
SEC. --08. DIGITAL TRANSITION PROGRAM.
(a) In General.--The Secretary, in consultation with the Commission and the Director of the Office of Management and Budget, shall establish a program to assist households--
(1) in the purchase or other acquisition of digital-to-analog converter devices that will enable television sets that operate only with analog signal processing to continue to operate when receiving a digital signal;
(2) in the payment of a one-time installation fee (not in excess of the industry average fee for the date, locale, and structure involved, as determined by the Secretary) for installing the equipment required for residential reception of services provided by a multichannel video programming distributor (as defined in section 602(13) of the Communications Act of 1934 (47 U.S.C. 602(13)); or
(3) in the purchase of any other device that will enable the household to receive over-the-air digital television broadcast signals, but in an amount not in excess of the average per-household assistance provided under paragraphs
(1) and (2).
(b) Program Criteria.--The Secretary shall ensure that the program established under subsection (a)--
(1) becomes publicly available no later than January 1, 2008;
(2) gives first priority to assisting lower income households (as determined by the Director of the Bureau of the Census for statistical reporting purposes) who rely exclusively on over-the-air television broadcasts;
(3) gives second priority to assisting other households who rely exclusively on over-the-air television broadcasts;
(4) is technologically neutral; and
(5) is conducted at the lowest feasible administrative cost.
SEC. --09. FCC AUTHORITY TO REQUIRE LABEL REQUIREMENT FOR
ANALOG TELEVISION SETS.
(a) In General.--Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following:
``(z) If the Commission acts to set a hard deadline for the return of analog spectrum pursuant to Section 309(j)(14), it shall have the authority to require that any apparatus described in paragraph (s) sold or offered for sale in or affecting interstate commerce that is incapable of receiving and displaying a digital television broadcast signal without the use of an external device that translates digital television broadcast signals into analog television broadcast signals have affixed to it and, if it is sold or offered for sale in a container, affixed to that container, a label that states that the apparatus will be incapable of displaying over-the-air television broadcast signals received after a date determined by the FCC, without the purchase of additional equipment.''.
(c) Point of Sale Warning.--If the Commission acts to set a hard deadline for the return of analog spectrum pursuant to Section 309 (j)(14), then the Commission, in consultation with the Federal Trade Commission, shall have the authority to require the display at, or in close proximity to, any commercial retail sales display of television sets described in section 303(z) of the Communications Act of 1934 (47 U.S.C. 303(z)) sold or offered for sale in or affecting interstate commerce after a date determined by the Commission, of a printed notice that clearly and conspicuously states that the sets will be incapable of displaying over-the-air television broadcast signals received after the hard deadline established by the Commission, without the purchase or lease of additional equipment.
SEC. --10. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.
Within 1 year after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, after consultation with the Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce containing recommendations with respect to--
(1) an effective program to educate consumers about the transition to digital television broadcast signals and the impact of that transition on consumers' choices of equipment to receive such signals;
(2) the need, if any, for Federal funding for such a program;
(3) the date of commencement and duration of such a program; and
(4) what department or agency should have the lead responsibility for conducting such a program.
SEC. --11. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.
The Commission shall issue a final decision before--
(1) January 1, 2005, in the Matter of Carriage of Digital Television Broadcast Signals; Amendments to Part 76 of the Commission's Rules, CS Docket No. 98-120;
(2) January 1, 2005, in the Matter of Public Interest Obligations of TV Broadcast Licensees, MM Docket No. 99-360; and
(3) January 1, 2006, in the Implementation of the Satellite Home Viewer Improvement Act of 1999; Local Broadcast Signal Carriage Issues, CS Docket No. 00-96.
SEC. --12. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal Communications Commission.
(2) Fund.--The term ``Fund'' means the Digital Transition Consumer Assistance Fund established by section 7.
(3) Secretary.--Except where otherwise expressly provided, the term ``Secretary'' means the Secretary of Commerce.
SEC. --13. EFFECTIVE DATE.
This title takes effect on the date of enactment of this Act.
______
SA 3774. Mr. McCAIN (for himself and Mr. Lieberman) proposed an amendment to the bill S. 2845, to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes; as follows:
At the appropriate place, insert the following:
TITLE--NATIONAL PREPAREDNESS
SEC. --01. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1) The attacks on September 11, 2001, demonstrated that even the most robust emergency response capabilities can be overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a terrorist attack.
(3) Key decision makers who are represented at the incident command level help to ensure an effective response, the efficient use of resources, and responder safety.
(4) Regular joint training at all levels is essential to ensuring close coordination during an actual incident.
(5) Beginning with fiscal year 2005, the Department of Homeland Security is requiring that entities adopt the Incident Command System and other concepts of the National Incident Management System in order to qualify for funds distributed by the Office of State and Local Government Coordination and Preparedness.
(b) Sense of Congress.--It is the sense of Congress that--
(1) emergency response agencies nationwide should adopt the Incident Command System;
(2) when multiple agencies or multiple jurisdictions are involved, they should follow a unified command system; and
(3) the Secretary of Homeland Security should require, as a further condition of receiving homeland security preparedness funds from the Office of State and Local Government Coordination and Preparedness, that grant applicants document measures taken to fully and aggressively implement the Incident Command System and unified command procedures.
SEC. --02. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--The term ``authorized representative of the Federal Government'' means any individual or individuals designated by the President with respect to the executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Senate and Speaker of the House of Representatives with respect to Congress, or their designees, to request assistance under a Mutual Aid Agreement for an emergency or public service event.
(2) Chief operating officer.--The term ``chief operating officer'' means the official designated by law to declare an emergency in and for the locality of that chief operating officer.
(3) Emergency.--The term ``emergency'' means a major disaster or emergency declared by the President, or a state of emergency declared by the Mayor of the District of Columbia, the Governor of the State of Maryland or the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of a locality, or their designees, that triggers mutual aid under the terms of a Mutual Aid Agreement.
(4) Employee.--The term ``employee'' means the employees of the party, including its agents or authorized volunteers, who are committed in a Mutual Aid Agreement to prepare for or who respond to an emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city, or town within the State of Maryland or the Commonwealth of Virginia and within the National Capital Region.
(6) Mutual aid agreement.--The term ``Mutual Aid Agreement'' means an agreement, authorized under subsection
(b) for the provision of police, fire, rescue and other public safety and health or medical services to any party to the agreement during a public service event, an emergency, or preplanned training event.
(7) National capital region or region.--The term ``National Capital Region'' or ``Region'' means the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border abutting that area and any municipalities therein.
(8) Party.--The term ``party'' means the State of Maryland, the Commonwealth of Virginia, the District of Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
(9) Public service event.--The term ``public service event''
(A) means any undeclared emergency, incident or situation in preparation for or response to which the Mayor of the District of Columbia, an authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual Aid Agreement within the National Capital Region; and
(B) includes Presidential inaugurations, public gatherings, demonstrations and protests, and law enforcement, fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, mass care, and other support that require human resources, equipment, facilities or services supplemental to or greater than the requesting jurisdiction can provide.
(10) State.--The term ``State'' means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia.
(11) Training.--The term ``training'' means emergency and public service event-related exercises, testing, or other activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid by National Capital Region jurisdictions during emergencies or public service events, such actions occurring outside actual emergency or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The Mayor of the District of Columbia, any authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality, or their designees, acting within his or her jurisdictional purview, may, subject to State law, enter into, request or provide assistance under Mutual Aid Agreements with localities, the Washington Metropolitan Area Transit Authority, the Metropolitan Washington Airports Authority, and any other governmental agency or authority for--
(A) law enforcement, fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, mass care, and resource support in an emergency or public service event;
(B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event; and
(C) training for any of the activities described under subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the Commonwealth of Virginia are encouraged to facilitate the ability of localities to enter into interstate Mutual Aid Agreements in the National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security operations at special events of national significance under section 3056(e) of title 18, United States Code, or other law enforcement functions of the United States Secret Service;
(B) does not diminish any authorities, express or implied, of Federal agencies to enter into Mutual Aid Agreements in furtherance of their Federal missions; and
(C) does not--
(i) preclude any party from entering into supplementary Mutual Aid Agreements with fewer than all the parties, or with another party; or
(ii) affect any other agreement in effect before the date of enactment of this Act among the States and localities, including the Emergency Management Assistance Compact.
(4) Rights described.--Other than as described in this section, the rights and responsibilities of the parties to a Mutual Aid Agreement entered into under this section shall be as described in the Mutual Aid Agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase liability and indemnification insurance or become self insured against claims arising under a Mutual Aid Agreement authorized under this section.
(2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or employees rendering aid or failing to render aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a Mutual Aid Agreement authorized under this section, and any party or its officers or employees engaged in training activities with another party under such a Mutual Aid Agreement, shall be liable on account of any act or omission of its officers or employees while so engaged or on account of the maintenance or use of any related equipment, facilities, or supplies, but only to the extent permitted under the laws and procedures of the State of the party rendering aid.
(2) Actions.--Any action brought against a party or its officers or employees on account of an act or omission in the rendering of aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account of the maintenance or use of any related equipment, facilities, or supplies may be brought only under the laws and procedures of the State of the party rendering aid and only in the Federal or State courts located therein. Actions against the United States under this section may be brought only in Federal courts.
(3) Good faith exception.--
(A) Definition.--In this paragraph, the term ``good faith'' shall not include willful misconduct, gross negligence, or recklessness.
(B) Exception.--No State or locality, or its officers or employees, rendering aid to another party, or engaging in training, under a Mutual Aid Agreement shall be liable under Federal law on account of any act or omission performed in good faith while so engaged, or on account of the maintenance or use of any related equipment, facilities, or supplies performed in good faith.
(4) Immunities.--This section shall not abrogate any other immunities from liability that any party has under any other Federal or State law.
(d) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a Mutual Aid Agreement, or engaged in training activities under a Mutual Aid Agreement, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.
(2) Other state law.--No party shall be liable under the law of any State other than its own for providing for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a Mutual Aid Agreement or engaged in training activities under a Mutual Aid Agreement.
(e) Licenses and Permits.--If any person holds a license, certificate, or other permit issued by any responding party evidencing the meeting of qualifications for pro fessional, mechanical, or other skills and assistance is requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency or training for any such events.
SEC.--03. URBAN AREA COMMUNICATIONS CAPABILITIES.
(a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.
``The Secretary, in consultation with the Federal Communications Commission and the Secretary of Defense, and with appropriate governors, mayors, and other State and local government officials, shall encourage and support the establishment of consistent and effective communications capabilities in the event of an emergency in urban areas determined by the Secretary to be at consistently high levels of risk from terrorist attack. Such communications capabilities shall ensure the ability of all levels of government agencies, including military authorities, and of first responders, hospitals, and other organizations with emergency response capabilities to communicate with each other in the event of an emergency. Additionally, the Secretary, in conjunction with the Secretary of Defense, shall develop plans to provide back-up and additional communications support in the event of an emergency.''.
(b) Technical and Conforming Amendment.--Section 1(b) of that Act is amended by inserting after the item relating to section 509 the following:
``Sec. 510. High risk urban area communications capabilities.''
SEC.--04. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1) Private sector organizations own 85 percent of the Nation's critical infrastructure and employ the vast majority of the Nation's workers.
(2) Unless a terrorist attack targets a military or other secure government facility, the first people called upon to respond will likely be civilians.
(3) Despite the exemplary efforts of some private entities, the private sector remains largely unprepared for a terrorist attack, due in part to the lack of a widely accepted standard for private sector preparedness.
(4) Preparedness in the private sector and public sector for rescue, restart and recovery of operations should include--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(5) The American National Standards Institute recommends a voluntary national preparedness standard for the private sector based on the existing American National Standard on Disaster/Emergency Management and Business Continuity Programs (NFPA 1600), with appropriate modifications. This standard would establish a common set of criteria and terminology for preparedness, disaster management, emergency management, and business continuity programs.
(6) The mandate of the Department of Homeland Security extends to working with the private sector, as well as government entities.
(b) Private Sector Preparedness Program.--
(1) In general.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 805, is amended by adding at the end the following:
``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.
``The Secretary shall establish a program to promote private sector preparedness for terrorism and other emergencies, including promoting the adoption of a voluntary national preparedness standard such as the private sector preparedness standard developed by the American National Standards Institute and based on the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs.''.
(2) Technical and conforming amendment.--Section 1(b) of that Act, as amended by section 805, is amended by inserting after the item relating to section 510 the following:
``Sec. 511. Private sector preparedness program.''.
(c) Sense of Congress.--It is the sense of Congress that insurance and credit-rating industries should consider compliance with the voluntary national preparedness standard, the adoption of which is promoted by the Secretary of Homeland Security under section 511 of the Homeland Security Act of 2002, as added by subsection (b), in assessing insurability and credit worthiness.
SEC. --05. CRITICAL INFRASTRUCTURE AND READINESS AS
SESSMENTS.
(a) Findings.--Congress finds the following:
(1) Under section 201 of the Homeland Security Act of 2002
(6 U.S.C 121), the Department of Homeland Security, through the Under Secretary for Information Analysis and Infrastructure Protection, has the responsibility--
(A) to carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States;
(B) to identify priorities for protective and supportive measures; and
(C) to develop a comprehensive national plan for securing the key resources and critical infrastructure of the United States.
(2) Under Homeland Security Presidential Directive 7, issued on December 17, 2003, the Secretary of Homeland Security was given 1 year to develop a comprehensive plan to identify, prioritize, and coordinate the protection of critical infrastructure and key resources.
(3) Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, the Secretary of Homeland Security should--
(A) identify those elements of the United States' transportation, energy, communications, financial, and other institutions that need to be protected;
(B) develop plans to protect that infrastructure; and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress on--
(1) the Department of Homeland Security's progress in completing vulnerability and risk assessments of the Nation's critical infrastructure;
(2) the adequacy of the Government's plans to protect such infrastructure; and
(3) the readiness of the Government to respond to threats against the United States.
SEC. --06. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE
UNITED STATES HOMELAND.
(a) Findings.--Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1) The Department of Defense has primary responsibility for the military defense of the United States.
(2) Prior to September 11, 2001, the North American Aerospace Defense Command (NORAD), which had responsibility for defending United States airspace, focused on threats coming from outside the borders of the United States.
(3) The United States Northern Command has been established to assume responsibility for the military defense of the United States, as well as to provide military support to civil authorities.
(b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the plans and strategies of the United States Northern Command with a view to ensuring that the United States Northern Command is prepared to respond effectively to all threats within the United States, should it be called upon to do so by the President.
(c) Annual Report.--
(1) Requirement for Report.--The Secretary of Defense shall submit to the Committee on Armed Servces of the Senate and the Committee on Armed Services of the House of Representatives an annual report describing the plans and strategies of the United States Northern Command to defend the United States against all threats within the United States, in the case that it is called upon to do so by the President.
(2) Submission of report.--The annual report required by paragraph (1) shall be submitted in conjunction with the submission of the President's budget request to Congress.
SEC. --07. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this Act, this title takes effect on the date of the enactment of this Act.
______
SA 3775. 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 gathered, and activities conducted, 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--
(A) foreign intelligence gathered, and 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
(B) information gathered, and activities conducted, to prevent the interference by or disruption of foreign intelligence activities of the United States by foreign government or elements thereof, foreign organizations, or foreign persons, or international terrorists.
On page 6, line 12, strike ``counterintelligence or''.
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 ``counterespionage'' means counterintelligence designed to detect, destroy, neutralize, exploit, or prevent espionage activities though identification, penetration, deception, and prosecution (in accordance with the criminal law) of individuals, groups, or organizations conducting, or suspected of conducting, espionage activities.
(9) The term ``intelligence operation'' means activities conducted to facilitate the gathering of foreign intelligence or the conduct of covert action (as that term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)).
(10) The term ``collection and analysis requirements'' means any subject, whether general or specific, upon which there is a need for the collection of intelligence information or the production of intelligence.
(11) The term ``collection and analysis tasking'' means the assignment or direction of an individual or activity to perform in a specified way to achieve an intelligence objective or goal.
(12) The term ``certified intelligence officer'' means a professional employee of an element of the intelligence community engaged in intelligence activities 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 Executive Assistant Director of the Federal Bureau of Investigation for Intelligence or such other official as the Director of the Federal Bureau of Investigation designates as 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 direction, supervision, and control of the Attorney General and the National Intelligence Director.
(3) The Director of the Federal Bureau of Investigation shall report to both the Attorney General and the National Intelligence Director regarding the activities of the Federal Bureau of Investigation under subsections (b) through (d).
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 the Office of Intelligence as of the date of the enactment of this Act 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 of the Federal Bureau of Investigation for Intelligence or such other official within the Federal Bureau of Investigation as the Director of the Federal Bureau of Investigation shall designate.
(c) Responsibilities.--The Directorate of Intelligence shall be responsible for the following:
(1) The discharge by the Federal Bureau of Investigation 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) Human source development and management by the Bureau.
(5) Collection by the Bureau against nationally-determined intelligence requirements.
(6) Language services.
(7) Strategic analysis.
(8) Intelligence program and budget management.
(9) The intelligence workforce.
(10) 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.
______
SA 3776. Mr. BURNS (for himself and Mr. Bunning) 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 213, after line 12, insert the following:
TITLE IV--AVIATION SECURITY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Aviation Homeland Security Act of 2004''.
SEC. 402. FEDERAL FLIGHT DECK OFFICERS.
(a) Weapons Carriage.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall implement a program to allow pilots participating in the Federal flight deck officer program, established under section 44921 of title 49, United States Code, to transport their firearms on their persons.
(b) International Agreements to Allow Maximum Deployment of Federal Flight Deck Officers.--The Secretary of State shall negotiate agreements with foreign governments to allow Federal flight deck officers to carry and possess firearms within the jurisdictions of such foreign governments for protection of international flights against hijackings or other terrorist acts. Any such agreement shall provide Federal flight deck officers the same rights and privileges accorded Federal air marshals by such foreign governments. The Secretary of Homeland Security may not refuse to train any eligible pilot operating in foreign air transportation as a Federal flight deck officer. The Secretary shall provide means for pilots previously refused training as a Federal flight deck officer to reapply for the program.
(c) Credentials.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue to each Federal flight deck officer standard Federal law enforcement credentials that are similar to the credentials issued to other Federal law enforcement officers, including a distinctive metal badge.
(d) Determination of Ineligibility and Appeal.--If the Secretary of Homeland Security determines that a pilot is ineligible to be a Federal flight deck officer, the Secretary shall provide the pilot with the reason for the determination of ineligibility and an opportunity to appeal the determination.
______
SA 3777. Ms. SNOWE (for herself, Mr. Roberts, Ms. Mikulski, and Mrs. Feinstein) submitted an amendment 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 60, line 20, strike ``the relationships among''.
On page 63, line 8, strike ``the relationships among''.
On page 64, line 5, strike ``and'' at the end.
On page 64, between lines 5 and 6, insert the following:
(4) to evaluate the compliance of the National Intelligence Authority and the National Intelligence Program with any applicable United States law or regulation, including any applicable regulation, policy, or procedure issued under section 206, or with any regulation, policy, or procedure of the Director governing the sharing or dissemination of, or access to, intelligence information or products; and
On page 64, line 6, strike ``(4)'' and insert ``(5)''.
On page 65, strike lines 11 through 16 and insert the following:
(2)(A) The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community whose testimony is needed for the performance of the duties of the Inspector General.
On page 66, beginning on line 1, strike ``or contractor of the National Intelligence Authority'' and insert ``, or any employee of a contractor, of any element of the intelligence community''.
On page 66, line 4, strike ``Director'' and insert
``National Intelligence Director or other appropriate official of the intelligence community''.
On page 69, between lines 20 and 21, insert the following:
(C) Each Inspector General of an element of the intelligence community shall comply fully with a request for information or assistance from the Inspector General of the National Intelligence Authority.
(D) The Inspector General of the National Intelligence Authority may, upon reasonable notice to the head of any element of the intelligence community, conduct, as authorized by this section, an investigation, inspection, or audit of such element and may enter into any place occupied by such element for purposes the performance of the duties of the Inspector General.
On page 70, line 13, strike ``Authority'' and insert
``Program''.
On page 71, line 1, strike ``An assessment'' and insert
``In consultation with the Officer for Civil Rights and Civil Liberties of the National Intelligence Authority and the Privacy Officer of the National Intelligence Authority, an assessment''.
On page 71, beginning on line 16, strike ``Authority'' and insert ``Authority or the National Intelligence Program, or in the relationships between the elements of the intelligence community within the National Intelligence Program and the other elements of the intelligence community,''.
On page 72, beginning on line 3, strike ``a relationship between''.
On page 72, strike lines 19 through 25 and insert the following:
(B) an investigation, inspection, review, or audit carried out by the Inspector General focuses on any current or former official of the intelligence community who--
(i) holds or held a position in an element of the intelligence community that is subject to appointment by the President, by and with the advice and consent of the Senate, including an appointment held on an acting basis; or
(ii) holds or held a position in an element of the intelligence community, including a position held on an acting basis, that is appointed by the National Intelligence Director;
On page 73, strike line 24 and all that follows through page 74, line 5, and insert the following:
(5)(A) An employee of an element of the intelligence community, an employee assigned or detailed to an element of the intelligence community, or an employee of a contractor of an element of the intelligence community who intends to report to Congress a complaint or information with respect to an urgent concern may report such a complaint or information to the Inspector General.
On page 77, line 8, strike ``the Authority'' and insert
``an element of the intelligence community''.
On page 77, between lines 11 and 12, insert the following:
(i) Construction of Duties Regarding Elements of Intelligence Community.--The performance by the Inspector General of the National Intelligence Authority of any duty, responsibility, or function regarding an element of the intelligence community shall not be construed to modify or effect the duties and responsibilities of any other Inspector General having duties or responsibilities relating to such element.
On page 77, line 12, strike ``(i)'' and insert ``(j)''.
______
SA 3778. Mr. ALLARD 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 113, between lines 17 and 18, insert the following:
(b) Termination of Employees.--(1) Notwithstanding any other provision of law, the National Intelligence Director may, in the discretion of the Director, terminate the employment of any officer or employee of the National Intelligence Authority whenever the Director considers the termination of employment of such officer or employee necessary or advisable in the interests of the United States.
(2) Any termination of employment of an officer or employee under paragraph (1) shall not affect the right of the officer or employee to seek or accept employment in any other department, agency, or element of the United States Government if declared eligible for such employment by the Office of Personnel Management.
On page 113, line 18, strike ``(b) Rights and Protections'' and insert ``(c) Other Rights and Protections''.
On page 113, after line 24, add the following:
(d) Exclusion from Certain Personnel Management Requirements.--
(1) Performance appraisals.--Section 4301(1)(ii) of title 5, United States Code, is amended by inserting ``the National Intelligence Authority,'' before ``the Central Intelligence Agency,''.
(2) Labor-management relations.--Section 7103(a)(3) of that title is amended--
(A) in subparagraph (G), by striking ``or'' at the end;
(B) in subparagraph (H), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(I) the National Intelligence Authority;
``(J) the Defense Intelligence Agency;
``(K) the National Geospatial-Intelligence Agency; or
``(L) any other Executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities.''.
(e) Regulations.--(1) In carrying out the responsibilities and authorities specified in sections 112 and 113 and this section (including the amendments made by this section), the National Intelligence Director shall prescribe regulations regarding the management of personnel of the National Intelligence Authority.
(2) The regulations shall include provisions relating to the following:
(A) The applicability to the personnel of the Authority of the authorities referred to in subsection (a).
(B) The exercise of the authority under subsection (b) to terminate officers and employees of the Authority.
______
SA 3779. Mr. DORGAN 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. __. CONTAINER SECURITY TRIALS.
(a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary of Homeland Security in partnership with private industry and a land grant college with radio frequency identification (referred to in this section as ``RFID'') expertise shall conduct at least 2 large-scale cargo security trials, involving no fewer than 10,000 intermodal containers each, utilizing technologies such as radio frequency tracking or sensing technologies that provide seamless visibility throughout the entirety of the distribution chain from factory to retail.
(b) Project Focus.--At least 1 project conducted under this section shall focus on United States-Sino trans-Pacific commerce with active RFID tag technology and 1 shall focus on the rural United States-Canadian border with battery assisted semi-passive sensor RFID tag technology.
(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.
______
SA 3780. Mr. ALLARD 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 153, between lines 1 and 2, insert the following:
SEC. 207. MANAGEMENT OF CIVILIAN PERSONNEL CONDUCTING FOREIGN
INTELLIGENCE AND COUNTERINTELLIGENCE
ACTIVITIES.
(a) In General.--In carrying out the responsibilities and authorities specified in sections 112 and 113, the National Intelligence Director may terminate the employment of civilian personnel of the elements of the intelligence community whose principle function is the conduct of foreign intelligence or counterintelligence activities if the Director considers such action to be in the interests of the United States.
(b) Finality.--A decision of the National Intelligence Director to terminate the employment of an employee under this section is final and may not be appealed or reviewed outside such elements of the intelligence community as the President shall designate.
(c) Preservation of Right To Seek Other Employment.--Any termination of employment of an employee under this section shall not affect the right of the employee to seek or accept employment with any other department, agency, or element of the United States Government if the employee is declared eligible for such employment by the Director of the Office of Personnel Management.
(d) Delegation of Authority.--The National Intelligence Director may delegate the authority under subsection (a).
______
SA 3781. Mr. WARNER (for himself and Mr. Stevens) 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 119, beginning on line 17, strike ``upon the request of the National Intelligence Director.'.'' and insert
``at least monthly and otherwise upon the request of the National Intelligence Director or another principal member of the Council.
``(e) Advice and Opinions of Members Other Than Chairman.--
(1) A member of the Joint Intelligence Community Council
(other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the National Intelligence Director to the President or the National Security Council, in the role of the Chairman as Chairman of the Joint Intelligence Community Council. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time the Chairman presents the advice of the Chairman to the President or the National Security Council, as the case may be.
``(2) The Chairman shall establish procedures to ensure that the presentation of the advice of the Chairman to the President or the National Security Council is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Council.
``(f) Recommendations to Congress.--Any member of the Joint Intelligence Community Council may make such recommendations to Congress relating to the intelligence community as such member considers appropriate.''.
______
SA 3782. Mr. LAUTENBERG 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. __. ALLOCATION OF FEDERAL HOMELAND SECURITY ASSISTANCE.
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.
______
SA 3783. Mr. SESSIONS (for Mr. Inouye) proposed an amendment to the bill S. 2436, to reauthorize the Native American Programs Act of 1974; as follows:
At the end, add the following:
SEC. 2. RESEARCH AND EDUCATIONAL ACTIVITIES.
Section 7205(a)(3) of the Native Hawaiian Education Act (20 U.S.C. 7515(a)(3)) is amended--
(1) by redesignating subparagraphs (K) and (L) as subparagraphs (L) and (M), respectively; and
(2) by inserting after subparagraph (J) the following:
``(K) research and educational activities relating to Native Hawaiian law;''.
______
SA 3784. Mr. SESSIONS (for Mr. Craig) proposed an amendment to the bill S. 2639, to reauthorize the Congressional Award Act; as follows:
After section 1, insert the following:
SEC. 2. FEDERAL FUNDS AND RESOURCES.
(a) Technical Amendments; Clarification of Acceptance of Federal Funds and Resources.--Section 106 of the Congressional Award Act (2 U.S.C. 806) is amended--
(1) in subsection (a)(1), by striking ``from sources other than the Federal Government'';
(2) in the heading of subsection (e), by striking ``Non-Federal Funds and Resources; Indirect Resources'' and inserting ``Funds and Resources'';
(3) in subsection (e)--
(A) in paragraph (1), by striking ``Subject to the provisions of paragraph (2), the'' and inserting ``The''; and
(B) by striking paragraph (2) and inserting the following:
``(2) The Board--
``(A) may benefit from in-kind and indirect resources provided by Offices of Members of Congress;
``(B) is not prohibited from receiving benefits from efforts or activities undertaken in collaboration with entities which receive Federal funds or resources; and
``(C) may not accept more than one-half of all funds accepted from Federal sources.''; and
(4) adding at the end the following:
``(j) Authorization of Appropriations.--There are authorized to be appropriated to the Board to carry out this Act $750,000 for each of fiscal years 2005, 2006, 2007, 2008, and 2009.''.
______
SA 3785. Mr. KYL 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. __. HOAXES RELATING TO TERRORIST OFFENSES.
(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1037 the following:
``Sec. 1038. False information and hoaxes
``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed, and where such information indicates that an activity has taken, is taking, or will take place that would constitute an offense listed under section 2332b(g)(5)(B) of this title--
``(A) be fined under this title or imprisoned not more than 5 years, or both;
``(B) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both; and
``(C) if death results, shall be punished by death or imprisoned for any term of years or for life.
``(2) Armed forces.--Whoever, without lawful authority, makes a false statement, with intent to convey false or misleading information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged, shall--
``(A) be fined under this title or imprisoned not more than 5 years, or both;
``(B) if serious bodily injury (as defined in section 1365 of this title, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) results, be fined under this title or imprisoned not more than 25 years, or both; and
``(C) if death results, shall be punished by death or imprisoned for any term of years or for life.
``(b) Civil Action.--Whoever knowingly engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.
``(2) Liability.--A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.
``(3) Civil judgment.--An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.
``(d) Activities of Law Enforcement.--This section shall not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.''.
(b) Clerical Amendment.--The table of sections of chapter 47 of title 18, United States Code, is amended by adding after the item relating to section 1037 the following:
``1038. False information and hoaxes.''.
SEC. __. INCREASED PENALTIES FOR OBSTRUCTION OF JUSTICE IN
TERRORISM CASES.
(a) Enhanced Penalty.--Sections 1001(a) and 1505 of title 18, United States Code, are amended by striking ``be fined under this title or imprisoned not more than 5 years, or both'' and inserting ``be fined under this title, imprisoned not more than 5 years or, if the matter relates to international or domestic terrorism (as defined in section 2331), imprisoned not more than 10 years, or both''.
(b) Sentencing Guidelines.--Not later than 30 days after the date of enactment of this section, the United States Sentencing Commission shall amend the Sentencing Guidelines to provide for an increased offense level for an offense under sections 1001(a) and 1505 of title 18, United States Code, if the offense involves a matter relating to international or domestic terrorism, as defined in section 2331 of such title.
______
SA 3786. Mr. KYL 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. __. ADDING TERRORIST OFFENSES TO STATUTORY PRESUMPTION
OF NO BAIL.
Section 3142 of title 18, United States Code, is amended--
(1) in the flush language at the end of subsection (e) by inserting before the period at the end the following: ``, or an offense listed in section 2332b(g)(5)(B) of title 18 of the United States Code, if the Attorney General certifies that the offense appears by its nature or context to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnaping, or an offense involved in or related to domestic or international terrorism as defined in section 2331 of title 18 of the United States Code''; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting after
``violence'' the following: ``or an offense listed in section 2332b(g)(5)(B) of title 18 of the United States Code, if the Attorney General certifies that the offense appears by its nature or context to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnaping, or an offense involved in or related to domestic or international terrorism as defined in section 2331 of title 18 of the United States Code,''.
SEC. __. MAKING TERRORISTS ELIGIBLE FOR LIFETIME POST-RELEASE
SUPERVISION.
Section 3583(j) of title 18, United States Code, is amended by striking ``, the commission'' and all that follows through
``person,''.
SEC. __. AUTOMATIC PERMISSION FOR EX PARTE REQUESTS FOR
PROTECTION UNDER THE CLASSIFIED INFORMATION
PROCEDURES ACT.
The second sentence of section 4 of the Classified Information Procedures Act (18 U.S.C. App. 3) is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``a written statement to be inspected'' and inserting ``a statement to be considered''.
______
SA 3787. Mr. KYL 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. __. UNIFORM STANDARDS FOR INFORMATION SHARING ACROSS
FEDERAL AGENCIES.
(a) Telephone Records.--Section 2709(d) of title 18, United States Code, is amended by striking ``for foreign'' and all that follows through ``such agency''.
(b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read as follows:
``(f) Dissemination of Information.--The Federal Bureau of Investigation may disseminate information obtained pursuant to this section only as provided in guidelines approved by the Attorney General.''.
(c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Dissemination of Information.--The Federal Bureau of Investigation may disseminate information obtained pursuant to this section only as provided in guidelines approved by the Attorney General.''.
(d) Financial Records.--Section 1114(a)(5)(B) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking ``for foreign'' and all that follows through
``such agency''.
(e) Records Concerning Certain Government Employees.--Section 802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is amended--
(1) by striking ``An agency'' and inserting the following:
``The Federal Bureau of Investigation may disseminate records or information received pursuant to a request under this section only as provided in guidelines approved by the Attorney General. Any other agency''; and
(2) in paragraph (3), by striking ``clearly''.
SEC. __. AUTHORIZATION TO SHARE NATIONAL-SECURITY AND GRAND-
JURY INFORMATION WITH STATE AND LOCAL
GOVERNMENTS.
(a) Information Obtained in National Security Investigations.--Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
(1) in paragraph (1), by striking ``criminal investigation'' each place it appears and inserting
``criminal or national security investigation''; and
(2) by amending paragraph (2) to read as follows:
``(2) Definitions.--As used in this subsection--
``(A) the term `foreign intelligence information' means--
``(i) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against--
``(I) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power;
``(II) sabotage or international terrorism by a foreign power or an agent of a foreign power; or
``(III) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of a foreign power; or
``(ii) information, whether or not concerning a United States person, with respect to a foreign power or foreign territory that relates to--
``(I) the national defense or the security of the United States; or
``(II) the conduct of the foreign affairs of the United States; and
``(B) the term `national security investigation'--
``(i) means any investigative activity to protect the national security; and
``(ii) includes--
``(I) counterintelligence and the collection of intelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)); and
``(II) the collection of foreign intelligence information.''.
(b) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking ``or state subdivision or of an Indian tribe'' and inserting ``, state subdivision, Indian tribe, or foreign government'';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the following:
``An attorney for the government may also disclose any grand-jury matter involving a threat of actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power, domestic or international sabotage, domestic or international terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by an agent of a foreign power, within the United States or elsewhere, to any appropriate Federal, State, state subdivision, Indian tribal, or foreign government official for the purpose of preventing or responding to such a threat.''; and
(ii) in clause (i)--
(I) by striking ``federal''; and
(II) by adding at the end the following: ``Any State, state subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only consistent with such guidelines as the Attorney General and Director of Central Intelligence shall jointly issue.''; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:
``(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation;''; and
(iii) in clause (iv), as redesignated--
(I) by striking ``state or Indian tribal'' and inserting
``State, Indian tribal, or foreign''; and
(II) by striking ``or Indian tribal official'' and inserting ``Indian tribal, or foreign government official''; and
(2) in paragraph (7), by inserting ``, or of guidelines jointly issued by the Attorney General and Director of Central Intelligence pursuant to Rule 6,'' after ``Rule 6''.
(c) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT (18 U.S.C. 2517 note) is amended by striking
``Rule 6(e)(3)(C)(i)(V) and (VI)'' and inserting ``Rule 6(e)(3)(D)''.
______
SA 3788. Mr. KYL submitted and 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. __. FISA WARRANTS FOR LONE-WOLF TERRORISTS.
Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following:
``(C) engages in international terrorism or activities in preparation therefore; or''.
______
SA 3789. Mr. KYL submitted and 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. __. USE OF FISA INFORMATION IN IMMIGRATION PROCEEDINGS.
The following provisions of the Foreign Intelligence Surveillance Act of 1978 are each amended by inserting
``(other than in proceedings or other civil matters under the immigration laws (as that term is defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))'' after ``authority of the United States'':
(1) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 1806).
(2) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 1825).
(3) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 1845).
______
SA 3790. Mr. KYL submitted and 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. __. EXPANDED DEATH PENALTY FOR TERRORIST MURDERS.
(a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following:
``Sec. 2339D. Terrorist offenses resulting in death
``(a) Penalty.--A person who, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, shall be punished by death, or imprisoned for any term of years or for life.
``(b) Terrorist Offense Defined.--In this section, the term
`terrorist offense' means--
``(1) international or domestic terrorism as defined in section 2331;
``(2) a Federal crime of terrorism as defined in section 2332b(g);
``(3) an offense under--
``(A) this chapter;
``(B) section 175, 175b, 229, or 831; or
``(C) section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or
``(4) an attempt or conspiracy to commit an offense described in paragraph (1), (2), or (3).''.
(b) Chapter Analysis.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting at the end the following:
``2339D. Terrorist offenses resulting in death.''.
(c) Aggravating Factors.--
(1) In general.--Section 3591(a)(1) of title 18, United States Code, is amended by striking ``or section 2381'' and inserting ``, 2339D, or 2381''.
(2) Conforming amendment.--Section 3592(b) of title 18, United States Code, is amended--
(A) in the section heading, by striking ``and treason'' and inserting ``, treason, and terrorism''; and
(B) in paragraph (1)--
(i) in the section heading, by striking ``or treason'' and inserting ``, treason, or terrorism''; and
(ii) by striking ``or treason'' and inserting ``, treason, or terrorism''.
(d) Death Penalty in Certain Air Piracy Cases.--Section 60003(b) of the Violent Crime Control and Law Enforcement Act of 1994, (Public Law 103-322), is amended, as of the time of its enactment, by adding at the end the following:
``(2) Death penalty procedures for certain previous aircraft piracy violations.--An individual convicted of violating section 46502 of title 49, United States Code, or its predecessor, may be sentenced to death in accordance with the procedures established in chapter 228 of title 18, United States Code, if for any offense committed before the enactment of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), but after the enactment of the Antihijacking Act of 1974 (Public Law 93-366), it is determined by the finder of fact, before consideration of the factors set forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, United States Code, that one or more of the factors set forth in former section 46503(c)(2) of title 49, United States Code, or its predecessor, has been proven by the Government to exist, beyond a reasonable doubt, and that none of the factors set forth in former section 46503(c)(1) of title 49, United States Code, or its predecessor, has been proven by the defendant to exist, by a preponderance of the information. The meaning of the term `especially heinous, cruel, or depraved', as used in the factor set forth in former section 46503(c)(2)(B)(iv) of title 49, United States Code, or its predecessor, shall be narrowed by adding the limiting language `in that it involved torture or serious physical abuse to the victim', and shall be construed as when that term is used in section 3592(c)(6) of title 18, United States Code.''.
SEC. __. DENIAL OF FEDERAL BENEFITS TO CONVICTED TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, as amended by this Act, is further amended by adding at the end the following:
``Sec. 2339E. Denial of Federal benefits to terrorists
``(a) In General.--Any individual who is convicted of a Federal crime of terrorism (as defined in section 2332b(g)) shall, as provided by the court on motion of the Government, be ineligible for any or all Federal benefits for any term of years or for life.
``(b) Federal Benefit Defined.--As used in this section,
`Federal benefit' has the meaning given that term in section 421(d) of the Controlled Substances Act (21 U.S.C. 862(d)).''.
(b) Chapter Analysis.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting at the end the following:
``2339E. Denial of Federal benefits to terrorists.''.
SEC. __. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) In General.--Section 2339A(a) of title 18, United States Code, is amended--
(1) by striking ``Whoever'' and inserting the following:
``(1) In general.--Any person who'';
(2) by striking ``A violation'' and inserting the following:
``(3) Prosecution.--A violation'';
(3) by inserting after paragraph (1) the following:
``(2) Additional offense.--
``(A) In general.--Any person who provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, an act of international or domestic terrorism, or in the preparation for, or in carrying out, the concealment or escape from the commission of any such act, or attempts or conspires to do so, shall be punished as provided under paragraph (1) for an offense under that paragraph.
``(B) Jurisdiction.--There is Federal jurisdiction over an offense under this paragraph if--
``(i) the offense occurs in or affects interstate or foreign commerce;
``(ii) the act of terrorism is an act of international or domestic terrorism that violates the criminal law of the United States;
``(iii) the act of terrorism is an act of domestic terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government;
``(iv) the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government, and an offender, acting within the United States or outside the territorial jurisdiction of the United States, is--
``(I) a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(II) an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act); or
``(III) a stateless person whose habitual residence is in the United States;
``(v) the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States or a foreign government, and an offender, acting within the United States, is an alien;
``(vi) the act of terrorism is an act of international terrorism that appears to be intended to influence the policy, or affect the conduct, of the Government of the United States, and an offender, acting outside the territorial jurisdiction of the United States, is an alien; or
``(vii) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under this paragraph or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under this paragraph.''; and
(4) by inserting ``act or'' after ``underlying''.
(b) Definitions.--Section 2339A(b) of title 18, United States Code, is amended to read as follows--
``(b) Definitions.--As used in this section--
``(1) the term `material support or resources' means any property (tangible or intangible) or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials;
``(2) the term `training' means instruction or teaching designed to impart a specific skill, rather than general knowledge; and
``(3) the term `expert advice or assistance' means advice or assistance derived from scientific, technical, or other specialized knowledge.''.
(c) Material Support to Foreign Terrorist Organization.--Section 2339B(a)(1) of title 18, United States Code, is amended--
(1) by striking ``Whoever, within the United States or subject to the jurisdiction of the United States,'' and inserting the following:
``(A) In general.--Any person who''; and
(2) by adding at the end the following:
``(B) Knowledge requirement.--A person cannot violate this paragraph unless the person has knowledge that the organization referred to in subparagraph (A)--
``(i) is a terrorist organization;
``(ii) has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)); or
``(iii) has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)).''.
(d) Jurisdiction.--Section 2339B(d) of title 18, United States Code, is amended to read as follows:
``(d) Jurisdiction.--
``(1) In general.--There is jurisdiction over an offense under subsection (a) if--
``(A) an offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act);
``(B) an offender is a stateless person whose habitual residence is in the United States;
``(C) an offender is brought in or found in the United States after the conduct required for the offense occurs, even if such conduct occurs outside the United States;
``(D) the offense occurs in whole or in part within the United States;
``(E) the offense occurs in or affects interstate or foreign commerce; or
``(F) an offender aids or abets any person, over whom jurisdiction exists under this paragraph, in committing an offense under subsection (a) or conspires with any person, over whom jurisdiction exists under this paragraph, to commit an offense under subsection (a).
``(2) Extraterritorial jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section.''.
(e) Provision of Personnel.--Section 2339B of title 18, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by adding after subsection (f) the following:
``(g) Provision of Personnel.--No person may be prosecuted under this section in connection with the term `personnel' unless that person has knowingly provided, attempted to provide, or conspired to provide a foreign terrorist organization with 1 or more individuals (who may be or include that person) to work under that terrorist organization's direction or control or to organize, manage, supervise, or otherwise direct the operation of that organization. Any person who acts entirely independently of the foreign terrorist organization to advance its goals or objectives shall not be considered to be working under the foreign terrorist organization's direction or control.''.
SEC. __. RECEIVING MILITARY TYPE TRAINING FROM A FOREIGN
TERRORIST ORGANIZATION.
(a) Prohibition as to Citizens and Residents.--
(1) In general.--Chapter 113B of title 18, United States Code, is amended by adding after section 2339E the following:
``Sec. 2339F. Receiving military-type training from a foreign terrorist organization
``(a) Offense.--
``(1) In general.--Whoever knowingly receives military-type training from or on behalf of any organization designated at the time of the training by the Secretary of State under section 219(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(1)) as a foreign terrorist organization, shall be fined under this title, imprisoned for ten years, or both.
``(2) Knowledge requirement.--To violate paragraph (1), a person must have knowledge that the organization is a designated terrorist organization (as defined in subsection
(c)(4)), that the organization has engaged or engages in terrorist activity (as defined in section 212 of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), or that the organization has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)).
``(b) Jurisdiction.--
``(1) In general.--There is jurisdiction over an offense under subsection (a) if--
``(A) an offender is a national of the United States (as defined in 101(a)(22) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(22)), or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(20));
``(B) an offender is a stateless person whose habitual residence is in the United States;
``(C) after the conduct required for the offense occurs an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States;
``(D) the offense occurs in whole or in part within the United States;
``(E) the offense occurs in or affects interstate or foreign commerce; and
``(F) an offender aids or abets any person over whom jurisdiction exists under this paragraph in committing an offense under subsection (a), or conspires with any person over whom jurisdiction exists under this paragraph to commit an offense under subsection (a).
``(2) Extraterritorial jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section.
``(c) Definitions.--In this section:
``(1) Military-type training.--The term `military-type training' means training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2)).
``(2) Serious bodily injury.--The term `serious bodily injury' has the meaning given that term in section 1365(h)(3).
``(3) Critical infrastructure.--The term `critical infrastructure' means systems and assets vital to national defense, national security, economic security, public health, or safety, including both regional and national infrastructure. Critical infrastructure may be publicly or privately owned. Examples of critical infrastructure include gas and oil production, storage, or delivery systems, water supply systems, telecommunications networks, electrical power generation or delivery systems, financing and banking systems, emergency services (including medical, police, fire, and rescue services), and transportation systems and services
(including highways, mass transit, airlines, and airports).
``(4) Foreign terrorist organization.--The term `foreign terrorist organization' means an organization designated as a terrorist organization under section 219 (a)(1) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(1)).''.
(2) Technical and conforming amendment.--The table of sections for chapter 113B of title 18, United States Code, is amended by adding at the end the following:
``2339F. Receiving military-type training from a foreign terrorist organization.''.
(b) Inadmissibility of Aliens Who Have Received Military-Type Training From Terrorist Organizations.--Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) by striking ``is inadmissable. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.''; and
(2) by inserting after subclause (VII) the following:
``(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi),
is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.''.
(c) Inadmissibility of Representatives and Members of Terrorist Organizations.--Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) in subclause (IV), by striking item (aa) and inserting the following:
``(aa) a terrorist organization as defined under section 212(a)(3)(B)(vi), or''; and
(2) by striking subclause (V) and inserting the following:
``(V) is a member of--
``(aa) a terrorist organization as defined under section 212(a)(3)(B)(vi); or
``(bb) an organization which the alien knows or should have known is a terrorist organization,''.
(d) Deportation of Aliens Who Have Received Military-Type Training From Terrorist Organizations.--Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
``(E) Recipient of military-type training.--Any alien who has received military-type training (as defined in section 2339D(c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization under section 212(a)(3)(B)(vi), is deportable.''.
(e) Retroactive Application.--The amendments made by subsections (b), (c), and (d) shall apply to the receipt of military training occuring before, on, or after the date of enactment of this Act.
Subtitle __--Combating Money Laundering and Terrorist Financing Act
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Combating Money Laundering and Terrorist Financing Act of 2004''.
SEC. __02. SPECIFIED ACTIVITIES FOR MONEY LAUNDERING.
(a) RICO Definitions.--Section 1961(1) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``burglary, embezzlement,'' after ``robbery,'';
(2) in subparagraph (B), by--
(A) inserting ``section 1960 (relating to illegal money transmitters),'' before ``sections 2251'';
(B) striking ``1591'' and inserting ``1592'';
(C) inserting ``and 1470'' after ``1461-1465''; and
(D) inserting ``2252A,'' after ``2252,'';
(3) in subparagraph (D), by striking ``fraud in the sale of securities'' and inserting ``fraud in the purchase or sale of securities''; and
(4) in subparagraph (F), by inserting ``and 274A'' after
``274''.
(b) Monetary Investments.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by--
(1) inserting ``, or section 2339C (relating to financing of terrorism)'' before ``of this title''; and
(2) striking ``or any felony violation of the Foreign Corrupt Practices Act'' and inserting ``any felony violation of the Foreign Corrupt Practices Act, or any violation of section 208 of the Social Security Act (42 U.S.C. 408)
(relating to obtaining funds through misuse of a social security number)''.
(c) Conforming Amendments.--
(1) Monetary instruments.--Section 1956(e) of title 18, United States Code, is amended to read as follows:
``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, with respect to the offenses over which the Social Security Administration has jurisdiction, as the Commissioner of Social Security may direct, and with respect to offenses over which the United States Postal Service has jurisdiction, as the Postmaster General may direct. The authority under this subsection of the Secretary of the Treasury, the Secretary of Homeland Security, the Commissioner of Social Security, and the Postmaster General shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Commissioner of Social Security, the Postmaster General, and the Attorney General. Violations of this section involving offenses described in subsection (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.''.
(2) Property from unlawful activity.--Section 1957(e) of title 18, United States Code, is amended to read as follows:
``(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postmaster General. The authority under this subsection of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postmaster General shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postmaster General, and the Attorney General.''.
SEC. __03. ILLEGAL MONEY TRANSMITTING BUSINESSES.
(a) Technical Amendments.--Section 1960 of title 18, United States Code, is amended--
(1) in the caption by striking ``unlicensed'' and inserting
``illegal'';
(2) in subsection (a), by striking ``unlicensed'' and inserting ``illegal'';
(3) in subsection (b)(1), by striking ``unlicensed'' and inserting ``illegal''; and
(4) in subsection (b)(1)(C), by striking ``to be used to be used'' and inserting ``to be used''.
(b) Prohibition of Unlicensed Money Transmitting Businesses.--Section 1960(b)(1)(B) of title 18, United States Code, is amended by inserting the following before the semicolon: ``, whether or not the defendant knew that the operation was required to comply with such registration requirements''.
(c) Authority To Investigate.--Section 1960 of title 18, United States Code, is amended by adding at the end the following:
``(c) Violations of this section may be investigated by the Attorney General, the Secretary of the Treasury, and the Secretary of the Department of Homeland Security.''.
SEC. __04. ASSETS OF PERSONS COMMITTING TERRORIST ACTS
AGAINST FOREIGN COUNTRIES OR INTERNATIONAL
ORGANIZATIONS.
Section 981(a)(1)(G) of title 18, United States Code, is amended by--
(1) striking ``or'' at the end of clause (ii);
(2) striking the period at the end of clause (iii) and inserting ``; or''; and
(3) inserting after clause (iii) the following:
``(iv) of any individual, entity, or organization engaged in planning or perpetrating any act of international terrorism (as defined in section 2331) against any international organization (as defined in section 209 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309(b))) or against any foreign government. Where the property sought for forfeiture is located beyond the territorial boundaries of the United States, an act in furtherance of such planning or perpetration must have occurred within the jurisdiction of the United States.''.
SEC. __05. MONEY LAUNDERING THROUGH INFORMAL VALUE TRANSFER
SYSTEMS.
Section 1956(a) of title 18, United States Code, is amended by adding at the end the following:
``(4) A transaction described in paragraph (1), or a transportation, transmission, or transfer described in paragraph (2) shall be deemed to involve the proceeds of specified unlawful activity, if the transaction, transportation, transmission, or transfer is part of a single plan or arrangement whose purpose is described in either of those paragraphs and one part of such plan or arrangement actually involves the proceeds of specified unlawful activity.''.
SEC. __06. FINANCING OF TERRORISM.
(a) Concealment.--Section 2339C(c)(2) of title 18, United States Code, is amended to read as follows:
``(2) knowingly conceals or disguises the nature, location, source, ownership, or control of any material support, or resources, or any funds or proceeds of such funds--
``(A) knowing or intending that the support or resources are to be provided, or knowing that the support or resources were provided, in violation of section 2339B; or
``(B) knowing or intending that any such funds are to be provided or collected, or knowing that the funds were provided or collected, in violation of subsection (a),shall be punished as prescribed in subsection (d)(2).''.
(b) Definition.--Section 2339C(e) of title 18, United States Code, is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the term `material support or resources' has the same meaning as in section 2339B(g)(4); and''.
SEC. __07. MISCELLANEOUS AND TECHNICAL AMENDMENTS.
(a) Criminal Forfeiture.--Section 982(b)(2) of title 18, United States Code, is amended, by striking ``The substitution'' and inserting ``With respect to a forfeiture under subsection (a)(1), the substitution''.
(b) Technical Amendments to Sections 1956 and 1957.--
(1) Unlawful activity.--Section 1956(c)(7)(F) of title 18, United States Code, is amended by inserting ``, as defined in section 24'' before the period.
(2) Property from unlawful activity.--Section 1957 of title 18, United States Code, is amended--
(A) in subsection (a), by striking ``engages or attempts to engage in'' and inserting ``conducts or attempts to conduct''; and
(B) in subsection (f), by inserting the following after paragraph (3):
``(4) the term `conducts' has the same meaning as it does for purposes of section 1956 of this title.''.
(c) Obstruction of Justice.--Section 1510(b)(3)(B) of title 18, United States Code, is amended by striking ``or'' the first time it appears and inserting ``, a subpoena issued pursuant to section 1782 of title 28, or''.
(d) International Terrorism.--Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting ``)'' after ``2339C (relating to financing of terrorism''.
______
SA 3791. Mr. KYL 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. __. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2)(A) against any person or property within the United States; and
``(B)(i) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
``(ii) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
``(iii) any perpetrator travels in or causes another to travel in interstate or foreign commerce in furtherance of the offense; or
``(iv) the offense, or the results of the offense, affect interstate or foreign commerce, or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce;'';
(B) in paragraph (3), by striking the comma at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) against any property within the United States that is owned, leased, or used by a foreign government,''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) the term `property' includes all real and personal property.''.
(b) Restoration of the Coverage of Chemical Weapons.--
(1) In general.--Section 2332a of title 18, United States Code, as amended by this Act, is further amended by--
(A) in the section heading, by striking ``certain'';
(B) in subsection (a), by striking ``(other than a chemical weapon as that term is defined in section 229F)''; and
(C) in subsection (b), by striking ``(other than a chemical weapon (as that term is defined in section 229F))''.
(2) Technical and conforming amendment.--The table of sections for chapter 113B of title 18, United States Code, is amended in the matter relating to section 2332a by striking
``certain''.
(c) Expansion of Categories of Restricted Persons Subject to Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title 18, United States Code, is amended--
(1) in subparagraph (G)--
(A) by inserting ``(i)'' after ``(G)'';
(B) by striking ``or'' after the semicolon; and
(C) by adding at the end the following:
``(ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph;''; and
(2) in subparagraph (H), by striking the period and inserting ``; or''; and
(3) by adding at the end the following:
``(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization (as that term is defined under section 212(a)(3)B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))).''.
(d) Conforming Amendment to Regulations.--
(1) In general.--Section 175b(a)(1) of title 18, United States Code, is amended by striking ``as a select agent in Appendix A'' and all that follows through the period and inserting ``as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.''.
(2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective.
SEC. __. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS
DESTRUCTION THREATS TO THE UNITED STATES.
(a) Atomic Energy Act.--Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)) is amended by striking ``in the production of any special nuclear material'' and inserting ``or participate in the development or production of any special nuclear material or atomic weapon''.
(b) Nuclear Weapon and WMD Threats.--
(1) In general.--Chapter 39 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 838. Participation in nuclear and weapons of mass destruction threats to the United States
``(a) In General.--Whoever, within the United States, or subject to the jurisdiction of the United States, willfully participates in or provides material support or resources (as that term is defined under section 2339A) to a nuclear weapons program, or other weapons of mass destruction program of a foreign terrorist power, or attempts or conspires to do so, shall be imprisoned for not more than 20 years.
``(b) Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section.
``(c) Definitions.--As used in this section--
``(1) Foreign terrorist power.--The term `foreign terrorist power' means a terrorist organization designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or a state sponsor of terrorism designated under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405), or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
``(2) Nuclear weapon.--The term `nuclear weapon' means any weapon that contains or uses nuclear material (as that term is defined under section 831(f)(1)).
``(3) Nuclear weapons program.--The term `nuclear weapons program' means a program or plan for the development, acquisition, or production of any nuclear weapon or weapons.
``(4) Weapons of mass destruction program.--The term
`weapons of mass destruction program' means a program or plan for the development, acquisition, or production of any weapon or weapons of mass destruction (as that term is defined in section 2332a(c)).''.
(2) Technical and conforming amendment.--The table of sections for chapter 39 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 838. Participation in nuclear and weapons of mass destruction threats to the United States.''.
(c) Act of Terrorism Transcending National Boundaries.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by inserting ``832 (relating to participation in nuclear and weapons of mass destruction threats to the United States)'' after ``nuclear materials),''.
Subtitle __--Prevention of Terrorist Access to Special Weapons Act
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Prevention of Terrorist Access to Special Weapons Act of 2004''.
SEC. __02. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
(a) In General.--Chapter 113B of title 18, United States Code, is amended by adding after section 2332g, as added by this Act, the following:
``Sec. 2332h. Missile systems designed to destroy aircraft
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (3), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use--
``(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to--
``(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or
``(ii) otherwise direct or guide the rocket or missile to an aircraft;
``(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
``(C) any part or combination of parts designed or redesigned for use in assembling or fabricating a rocket, missile, or device described in subparagraph (A) or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.
``(3) Excluded conduct.--This subsection does not apply with respect to--
``(A) conduct by or under the authority of the United States or any department or agency thereof or of a State or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof or with a State or any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign commerce;
``(2) the offense occurs outside of the United States and is committed by a national of the United States;
``(3) the offense is committed against a national of the United States while the national is outside the United States;
``(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
``(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life.
``(2) Life imprisonment.--Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.
``(d) Definition.--As used in this section, the term
`aircraft' has the definition set forth in section 40102(a)(6) of title 49, United States Code.''.
(b) Chapter Analysis.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting at the end the following:
``2332h. Missile systems designed to destroy aircraft.''.
SEC. __03. ATOMIC WEAPONS.
(a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended by--
(1) inserting at the beginning ``a.'' before ``It'';
(2) inserting ``knowingly'' after ``for any person to'';
(3) striking ``or'' before ``export'';
(4) striking ``transfer or receive in interstate or foreign commerce,'' before ``manufacture'';
(5) inserting ``receive,'' after ``acquire,'';
(6) inserting ``, or use, or possess and threaten to use,'' before ``any atomic weapon'';
(7) inserting at the end the following:
``b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign commerce; the offense occurs outside of the United States and is committed by a national of the United States;
``(2) the offense is committed against a national of the United States while the national is outside the United States;
``(3) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
``(4) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.''.
(b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by--
(1) inserting at the beginning ``a.'' before ``Whoever'';
(2) striking ``, 92,''; and
(3) inserting at the end the following:
``b. Any person who violates, or attempts or conspires to violate, section 92 shall be fined not more than $2,000,000 and sentenced to a term of imprisonment not less than 30 years or to imprisonment for life. Any person who, in the course of a violation of section 92, uses, attempts or conspires to use, or possesses and threatens to use, any atomic weapon shall be fined not more than $2,000,000 and imprisoned for life. If the death of another results from a person's violation of section 92, the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.''.
SEC. __04. RADIOLOGICAL DISPERSAL DEVICES.
(a) In General.--Chapter 113B of title 18, United States Code, is amended by adding after section 2332h, as added by this Act, the following:
``Sec. 2332i. Radiological dispersal devices
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use--
``(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or
``(B) any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity.
``(2) Exception.--This subsection does not apply with respect to--
``(A) conduct by or under the authority of the United States or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign commerce;
``(2) the offense occurs outside of the United States and is committed by a national of the United States;
``(3) the offense is committed against a national of the United States while the national is outside the United States;
``(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
``(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life.
``(2) Life imprisonment.--Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.''.
(b) Chapter Analysis.--The table of sections of chapter 113B of title 18, United States Code, is amended by inserting at the end the following:
``2332i. Radiological dispersal devices.''.
SEC. __05. VARIOLA VIRUS.
(a) In General.--Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
``Sec. 175c. Variola virus
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, engineer, synthesize, acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use, variola virus.
``(2) Exception.--This subsection does not apply to conduct by, or under the authority of, the Secretary of Health and Human Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign commerce;
``(2) the offense occurs outside of the United States and is committed by a national of the United States;
``(3) the offense is committed against a national of the United States while the national is outside the United States;
``(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or
``(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 30 years or to imprisonment for life.
``(2) Life imprisonment.--Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from a person's violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by death or imprisoned for life.
``(d) Definition.--As used in this section, the term
`variola virus' means a virus that can cause human smallpox or any derivative of the variola major virus that contains more than 85 percent of the gene sequence of the variola major virus or the variola minor virus.''.
(b) Chapter Analysis.--The table of sections of chapter 10 of title 18, United States Code, is amended by inserting at the end the following:
``175c. Variola virus.''.
SEC. __06. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting ``2122 and'' after
``sections'';
(2) in paragraph (c), by inserting ``section 175c (relating to variola virus),'' after ``section 175 (relating to biological weapons),'';
(3) in paragraph (q), by inserting ``2332h, 2332i,'' after
``2332f,''; and
(4) in paragraph (q), by striking ``or 2339C'' and inserting ``2339C, or 2339E''.
SEC. __07. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18,
UNITED STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended--
(1) in clause (i)--
(A) by inserting before ``2339 (relating to harboring terrorists)'' the following: ``2332h (relating to missile systems designed to destroy aircraft), 2332i (relating to radiological dispersal devices),'';
(B) by inserting ``175c (relating to variola virus),'' after ``175 or 175b (relating to biological weapons),''; and
(C) by inserting ``2339E (receiving military-type training from a foreign terrorist organization),'' after ``2339C
(relating to financing of terrorism),''; and
(2) in clause (ii)--
(A) by striking ``section'' and inserting ``sections 92
(relating to prohibitions governing atomic weapons) or''; and
(B) by inserting ``2122 or'' before ``2284''.
SEC. __08. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18,
UNITED STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after ``section 152 (relating to concealment of assets; false oaths and claims; bribery),'' the following: ``section 175c (relating to the variola virus),'';
(2) by inserting after ``section 2332(b) (relating to international terrorist acts transcending national boundaries),'' the following: ``section 2332h (relating to missile systems designed to destroy aircraft), section 2332i
(relating to radiological dispersal devices),''; and
(3) striking ``or'' after ``any felony violation of the Foreign Agents Registration Act of 1938,'' and after ``any felony violation of the Foreign Corrupt Practices Act'', striking ``;'' and inserting ``, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons)''.
SEC. __09. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) is amended--
(1) by striking ``or'' before ``(xi)''; and
(2) by inserting after clause (xi) the following: ``or
(xii) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft (18 U.S.C. 2332g), prohibitions governing atomic weapons (42 U.S.C. 2122), radiological dispersal devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);''.
______
SA 3792. Mr. KYL 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. __. JUDICIALLY ENFORCEABLE SUBPOENAS IN TERRORISM
INVESTIGATIONS.
(a) In General.--Chapter 113B of title 18, United States Code, is amended by inserting after section 2332f the following:
``Sec. 2332g. Judicially enforceable terrorism subpoenas
``(a) Authorization of Use.--
``(1) In general.--In any investigation concerning a Federal crime of terrorism (as defined under section 2332b(g)(5)), 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 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.
``(2) Contents.--A subpoena issued under paragraph (1) shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available.
``(3) 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 he 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.--
``(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.--A court of the United States described under paragraph (1) may issue an order requiring the subpoenaed person, in accordance with the subpoena, to produce records or other materials, or to give testimony concerning the production and authenticity of those materials. 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 Requirement.--
``(1) In general.--Notwithstanding any other provision of law, if the Attorney General certifies that otherwise there may result a danger to the national security of the United States, no person shall disclose to any other person that a subpoena was received or records were provided pursuant to this section, other than to--
``(A) those persons to whom such disclosure is necessary in order to comply with the subpoena;
``(B) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena; or
``(C) other persons as permitted by the Attorney General.
``(2) 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).
``(3) 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).
``(4) Enforcement of nondisclosure requirement.--Whoever knowingly violates paragraph (1) or (3) shall be imprisoned for not more than 1 year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than 5 years.
``(5) Termination of nondisclosure requirement.--If the Attorney General concludes that a nondisclosure requirement no longer is justified by a danger to the national security of the United States, an officer, employee, or agency of the United States shall notify the relevant person that the prohibition of disclosure is no longer applicable.
``(e) Judicial Review.--
``(1) In general.--At any time before the return date specified in a summons issued under this section, the person or entity summoned 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 summons.
``(2) Modification of nondisclosure requirement.--Any court described under paragraph (1) may modify or set aside a nondisclosure requirement imposed under subsection (d) at the request of a person to whom a subpoena has been directed, unless there is reason to believe that the nondisclosure requirement is justified because otherwise there may result a danger to the national security of the United States.
``(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) Reporting Requirement.--The Attorney General shall submit to the Select Committee on Intelligence of the Senate and the permanent Select Committee on Intelligence of the House of Representatives each year a report setting forth with respect to the 1-year period ending on the date of such report--
``(1) the aggregate number of subpoenas issued under this section; and
``(2) the circumstances under which each such subpoena was issued.
``(h) Guidelines.--The Attorney General shall, by rule, establish such guidelines as are necessary to ensure the effective implementation of this section.''.
(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. Judicially enforceable terrorism subpoenas.''.
______
SA 3793. Mr. KYL 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:
TITLE__--TRANSIT PROTECTION
Subtitle A--Railroad Carriers and Mass Transportation Protection Act
SEC. __01. SHORT TITLE.
This subtitle may be cited as the ``Railroad Carriers and Mass Transportation Protection Act of 2004''.
SEC. __02. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER
VESSELS, AND MASS TRANSPORTATION SYSTEMS.
(a) In General.--Chapter 97 of title 18, United States Code, is amended by striking sections 1992 through 1993 and inserting the following:
``Sec. 1992. Terrorist attacks and other violence against railroad carriers, passenger vessels, and against mass transportation systems on land, on water, or through the air
``(a) General Prohibitions.--Whoever, in a circumstance described in subsection (c), knowingly--
``(1) wrecks, derails, sets fire to, or disables railroad on-track equipment, a passenger vessel, or a mass transportation vehicle;
``(2) with intent to endanger the safety of any passenger or employee of a railroad carrier, passenger vessel, or mass transportation provider, or with a reckless disregard for the safety of human life, and without previously obtaining the permission of the railroad carrier, mass transportation provider, or owner of the passenger vessel--
``(A) places any biological agent or toxin, destructive substance, or destructive device in, upon, or near railroad on-track equipment, a passenger vessel, or a mass transportation vehicle; or
``(B) releases a hazardous material or a biological agent or toxin on or near the property of a railroad carrier, owner of a passenger vessel, or mass transportation provider;
``(3) sets fire to, undermines, makes unworkable, unusable, or hazardous to work on or use, or places any biological agent or toxin, destructive substance, or destructive device in, upon, or near any--
``(A) tunnel, bridge, viaduct, trestle, track, electromagnetic guideway, signal, station, depot, warehouse, terminal, or any other way, structure, property, or appurtenance used in the operation of, or in support of the operation of, a railroad carrier, without previously obtaining the permission of the railroad carrier, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck railroad on-track equipment;
``(B) garage, terminal, structure, track, electromagnetic guideway, supply, or facility used in the operation of, or in support of the operation of, a mass transportation vehicle, without previously obtaining the permission of the mass transportation provider, and with intent to, or knowing or having reason to know such activity would likely, derail, disable, or wreck a mass transportation vehicle used, operated, or employed by a mass transportation provider; or
``(C) structure, supply, or facility used in the operation of, or in the support of the operation of, a passenger vessel, without previously obtaining the permission of the owner of the passenger vessel, and with intent to, or knowing or having reason to know that such activity would likely disable or wreck a passenger vessel;
``(4) removes an appurtenance from, damages, or otherwise impairs the operation of a railroad signal system or mass transportation signal or dispatching system, including a train control system, centralized dispatching system, or highway-railroad grade crossing warning signal, without authorization from the rail carrier or mass transportation provider;
``(5) with intent to endanger the safety of any passenger or employee of a railroad carrier, owner of a passenger vessel, or mass transportation provider or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates any dispatcher, driver, captain, locomotive engineer, railroad conductor, or other person while the person is employed in dispatching, operating, or maintaining railroad on-track equipment, a passenger vessel, or a mass transportation vehicle;
``(6) engages in conduct, including the use of a dangerous weapon, with the intent to cause death or serious bodily injury to any person who is on the property of a railroad carrier, owner of a passenger vessel, or mass transportation provider that is used for railroad or mass transportation purposes;
``(7) conveys false information, knowing the information to be false, concerning an attempt or alleged attempt that was made, is being made, or is to be made, to engage in a violation of this subsection; or
``(8) attempts, threatens, or conspires to engage in any violation of any of paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than 20 years, or both.
``(b) Aggravated Offense.--Whoever commits an offense under subsection (a) in a circumstance in which--
``(1) the railroad on-track equipment, passenger vessel, or mass transportation vehicle was carrying a passenger or employee at the time of the offense;
``(2) the railroad on-track equipment, passenger vessel, or mass transportation vehicle was carrying high-level radioactive waste or spent nuclear fuel at the time of the offense;
``(3) the railroad on-track equipment, passenger vessel, or mass transportation vehicle was carrying a hazardous material at the time of the offense that--
``(A) was required to be placarded under subpart F of part 172 of title 49, Code of Federal Regulations; and
``(B) is identified as class number 3, 4, 5, 6.1, or 8 and packing group I or packing group II, or class number 1, 2, or 7 under the hazardous materials table of section 172.101 of title 49, Code of Federal Regulations; or
``(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of years or life, or both. In the case of a violation described in paragraph (2), the term of imprisonment shall be not less than 30 years; and, in the case of a violation described in paragraph (4), the offender shall be fined under this title and imprisoned for life and be subject to the death penalty.
``(c) Crimes Against Public Safety Officer.--Whoever commits an offense under subsection (a) that results in death or serious bodily injury to a public safety officer while the public safety officer was engaged in the performance of official duties, or on account of the public safety officer's performance of official duties, shall be imprisoned for a term of not less than 20 years and, if death results, shall be imprisoned for life and be subject to the death penalty.
``(d) Circumstances Required for Offense.--A circumstance referred to in subsection (a) is any of the following:
``(1) Any of the conduct required for the offense is, or, in the case of an attempt, threat, or conspiracy to engage in conduct, the conduct required for the completed offense would be, engaged in, on, against, or affecting a mass transportation provider, owner of a passenger vessel, or railroad carrier engaged in or affecting interstate or foreign commerce.
``(2) Any person travels or communicates across a State line in order to commit the offense, or transports materials across a State line in aid of the commission of the offense.
``(e) Nonapplicability.--Subsection (a) does not apply to the conduct with respect to a destructive substance or destructive device that is also classified under chapter 51 of title 49 as a hazardous material in commerce if the conduct--
``(1) complies with chapter 51 of title 49 and regulations, exemptions, approvals, and orders issued under that chapter, or
``(2) constitutes a violation, other than a criminal violation, of chapter 51 of title 49 or a regulation or order issued under that chapter.
``(f) Definitions.--In this section--
``(1) the term `biological agent' has the meaning given to that term in section 178(1);
``(2) the term `dangerous weapon' means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, including a pocket knife with a blade of less than 2\1/2\ inches in length and a box cutter;
``(3) the term `destructive device' has the meaning given to that term in section 921(a)(4);
``(4) the term `destructive substance' means an explosive substance, flammable material, infernal machine, or other chemical, mechanical, or radioactive device or material, or matter of a combustible, contaminative, corrosive, or explosive nature, except that the term `radioactive device' does not include any radioactive device or material used solely for medical, industrial, research, or other peaceful purposes;
``(5) the term `hazardous material' has the meaning given to that term in chapter 51 of title 49;
``(6) the term `high-level radioactive waste' has the meaning given to that term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
``(7) the term `mass transportation' has the meaning given to that term in section 5302(a)(7) of title 49, except that the term includes school bus, charter, and sightseeing transportation;
``(8) the term `on-track equipment' means a carriage or other contrivance that runs on rails or electromagnetic guideways;
``(9) the term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b);
``(10) the term `railroad on-track equipment' means a train, locomotive, tender, motor unit, freight or passenger car, or other on-track equipment used, operated, or employed by a railroad carrier;
``(11) the term `railroad' has the meaning given to that term in chapter 201 of title 49;
``(12) the term `railroad carrier' has the meaning given to that term in chapter 201 of title 49;
``(13) the term `serious bodily injury' has the meaning given to that term in section 1365;
``(14) the term `spent nuclear fuel' has the meaning given to that term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));
``(15) the term `State' has the meaning given to that term in section 2266;
``(16) the term `toxin' has the meaning given to that term in section 178(2);
``(17) the term `vehicle' means any carriage or other contrivance used, or capable of being used, as a means of transportation on land, on water, or through the air; and
``(18) the term `passenger vessel' has the meaning given that term in section 2101(22) of title 46, United States Code, and includes a small passenger vessel, as that term is defined under section 2101(35) of that title.''.
(b) Conforming Amendments.--
(1) Table of sections.--The table of sections at the beginning of chapter 97 of title 18, United States Code, is amended--
(A) by striking ``RAILROADS'' in the chapter heading and inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, OR THROUGH THE AIR'';
(B) by striking the items relating to sections 1992 and 1993; and
(C) by inserting after the item relating to section 1991 the following:
``1992. Terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.''.
(2) Table of chapters.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 97 and inserting the following:
``97. Railroad carriers and mass transportation systems on land, on water, or through the air...................................1991''.
(3) Conforming amendments.--Title 18, United States Code, is amended--
(A) in section 2332b(g)(5)(B)(i), by striking ``1992
(relating to wrecking trains), 1993 (relating to terrorist attacks and other acts of violence against mass transportation systems),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),'';
(B) in section 2339A, by striking ``1993,''; and
(C) in section 2516(1)(c) by striking ``1992 (relating to wrecking trains),'' and inserting ``1992 (relating to terrorist attacks and other acts of violence against railroad carriers and against mass transportation systems on land, on water, or through the air),''.
Subtitle B--Reducing Crime and Terrorism at America's Seaports Act
SEC. __11. SHORT TITLE.
This subtitle may be cited as the ``Reducing Crime and Terrorism at America's Seaports Act of 2004''.
SEC. __12. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.
(a) In General.--Section 1036 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``or'' at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) any secure or restricted area (as that term is defined under section 2285(c)) of any seaport; or'';
(2) in subsection (b)(1), by striking ``5'' and inserting
``10'';
(3) in subsection (c)(1), by inserting ``, captain of the seaport,'' after ``airport authority''; and
(4) in the section heading, by inserting ``or seaport'' after ``airport''.
(b) Technical and Conforming Amendment.--The table of sections for chapter 47 of title 18 is amended by striking the matter relating to section 1036 and inserting the following:
``1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport or seaport.''.
(c) Definition of Seaport.--Chapter 1 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 26. Definition of seaport
``As used in this title, the term `seaport' means all piers, wharves, docks, and similar structures to which a vessel may be secured, areas of land, water, or land and water under and in immediate proximity to such structures, and buildings on or contiguous to such structures, and the equipment and materials on such structures or in such buildings.''.
(d) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 18 is amended by inserting after the matter relating to section 25 the following:
``26. Definition of seaport.''.
SEC. __13. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO,
OBSTRUCTION OF BOARDING, OR PROVIDING FALSE
INFORMATION.
(a) Offense.--Chapter 109 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information
``(a)(1) It shall be unlawful for the master, operator, or person in charge of a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to knowingly fail to obey an order by an authorized Federal law enforcement officer to heave to that vessel.
``(2) It shall be unlawful for any person on board a vessel of the United States, or a vessel subject to the jurisdiction of the United States, to--
``(A) forcibly resist, oppose, prevent, impede, intimidate, or interfere with a boarding or other law enforcement action authorized by any Federal law, or to resist a lawful arrest; or
``(B) provide information to a Federal law enforcement officer during a boarding of a vessel regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew, which that person knows is false.
``(b) This section does not limit the authority of a customs officer under section 581 of the Tariff Act of 1930
(19 U.S.C. 1581), or any other provision of law enforced or administered by the Secretary of the Treasury or the Undersecretary for Border and Transportation Security of the Department of Homeland Security, or the authority of any Federal law enforcement officer under any law of the United States, to order a vessel to stop or heave to.
``(c) A foreign nation may consent or waive objection to the enforcement of United States law by the United States under this section by radio, telephone, or similar oral or electronic means. Consent or waiver may be proven by certification of the Secretary of State or the designee of the Secretary of State.
``(d) In this section--
``(1) the term `Federal law enforcement officer' has the meaning given the term in section 115(c);
``(2) the term `heave to' means to cause a vessel to slow, come to a stop, or adjust its course or speed to account for the weather conditions and sea state to facilitate a law enforcement boarding;
``(3) the term `vessel subject to the jurisdiction of the United States' has the meaning given the term in section 2(c) of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903(b)); and
``(4) the term `vessel of the United States' has the meaning given the term in section 2(c) of the Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903(b)).
``(e) Any person who intentionally violates the provisions of this section shall be fined under this title, imprisoned for not more than 5 years, or both.''.
(b) Technical and Conforming Amendment.--The table of sections for chapter 109, title 18, United States Code, is amended by inserting after the item for section 2236 the following:
``2237. Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.''.
SEC. __14. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME
NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES,
AND MALICIOUS DUMPING.
(a) Violence Against Maritime Navigation.--Section 2280(a) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (H), by striking ``(G)'' and inserting
``(H)'';
(B) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; and
(C) by inserting after subparagraph (E) the following:
``(F) destroys, seriously damages, alters, moves, or tampers with any aid to maritime navigation maintained by the Saint Lawrence Seaway Development Corporation under the authority of section 4 of the Act of May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to section 81 of title 14, United States Code, or lawfully maintained under authority granted by the Coast Guard pursuant to section 83 of title 14, United States Code, if such act endangers or is likely to endanger the safe navigation of a ship;''; and
(2) in paragraph (2) by striking ``(C) or (E)'' and inserting ``(C), (E), or (F)''.
(b) Placement of Destructive Devices.--
(1) In general.--Chapter 111 of title 18, United States Code, is amended by adding after section 2280 the following:
``Sec. 2280A. Devices or substances in waters of the United
States likely to destroy or damage ships or to interfere with maritime commerce
``(a) A person who knowingly places, or causes to be placed, in navigable waters of the United States, by any means, a device or substance which is likely to destroy or cause damage to a vessel or its cargo, or cause interference with the safe navigation of vessels, or interference with maritime commerce, such as by damaging or destroying marine terminals, facilities, and any other marine structure or entity used in maritime commerce, with the intent of causing such destruction or damage, or interference with the safe navigation of vessels or with maritime commerce, shall be fined under this title, imprisoned for any term of years or for life, or both; and if the death of any person results from conduct prohibited under this subsection, may be punished by death.
``(b) Nothing in this section shall be construed to apply to otherwise lawfully authorized and conducted activities of the United States Government.''.
(2) Technical and conforming amendment.--The table of sections for chapter 111 of title 18, United States Code, is amended by adding after the item related to section 2280 the following:
``2280A. Devices or substances in waters of the United States likely to destroy or damage ships or to interfere with maritime commerce.''.
(c) Malicious Dumping.--
(1) In general.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 2282. Knowing discharge or release
``(a) Endangerment of Human Life.--Any person who knowingly discharges or releases oil, a hazardous material, a noxious liquid substance, or any other dangerous substance into the navigable waters of the United States or the adjoining shoreline with the intent to endanger human life, health, or welfare shall be fined under this title and imprisoned for any term of years or for life.
``(b) Endangerment of Marine Environment.--Any person who knowingly discharges or releases oil, a hazardous material, a noxious liquid substance, or any other dangerous substance into the navigable waters of the United States or the adjacent shoreline with the intent to endanger the marine environment shall be fined under this title, imprisoned not more than 30 years, or both.
``(c) Definitions.--In this section:
``(1) Discharge.--The term `discharge' means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
``(2) Hazardous material.--The term `hazardous material' has the meaning given the term in section 2101(14) of title 46, United States Code.
``(3) Marine environment.--The term `marine environment' has the meaning given the term in section 2101(15) of title 46, United States Code.
``(4) Navigable waters.--The term `navigable waters' has the meaning given the term in section 1362(7) of title 33, and also includes the territorial sea of the United States as described in Presidential Proclamation 5928 of December 27, 1988.
``(5) Noxious liquid substance.--The term `noxious liquid substance' has the meaning given the term in the MARPOL Protocol defined in section 2(1) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)(3)).''.
(2) Technical and conforming amendment.--The table of sections for chapter 111 of title 18, United States Code, is amended by adding at the end the following:
``2282. Knowing discharge or release.''.
SEC. __15. TRANSPORTATION OF DANGEROUS MATERIALS AND
TERRORISTS.
(a) Transportation of Dangerous Materials and Terrorists.--Chapter 111 of title 18, as amended by this Act, is amended by adding at the end the following:
``Sec. 2283. Transportation of explosive, biological, chemical, or radioactive or nuclear materials
``(a) In General.--Any person who knowingly and willfully transports aboard any vessel within the United States, on the high seas, or having United States nationality, an explosive or incendiary device, biological agent, chemical weapon, or radioactive or nuclear material, knowing that any such item is intended to be used to commit an offense listed under section 2332b(g)(5)(B), shall be fined under this title, imprisoned for any term of years or for life, or both; and if the death of any person results from conduct prohibited by this subsection, may be punished by death.
``(b) Definitions.--In this section:
``(1) Biological agent.--The term `biological agent' means any biological agent, toxin, or vector (as those terms are defined in section 178).
``(2) By-product material.--The term `by-product material' has the meaning given that term in section 11(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
``(3) Chemical weapon.--The term `chemical weapon' has the meaning given that term in section 229F.
``(4) Explosive or incendiary device.--The term `explosive or incendiary device' has the meaning given the term in section 232(5).
``(5) Nuclear material.--The term `nuclear material' has the meaning given that term in section 831(f)(1).
``(6) Radioactive material.--The term `radioactive material' means--
``(A) source material and special nuclear material, but does not include natural or depleted uranium;
``(B) nuclear by-product material;
``(C) material made radioactive by bombardment in an accelerator; or
``(D) all refined isotopes of radium.
``(7) Source material.--The term `source material' has the meaning given that term in section 11(z) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(z)).
``(8) Special nuclear material.--The term `special nuclear material' has the meaning given that term in section 11(aa) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
``Sec. 2284. Transportation of terrorists
``(a) In General.--Any person who knowingly and willfully transports any terrorist aboard any vessel within the United States, on the high seas, or having United States nationality, knowing that the transported person is a terrorist, shall be fined under this title, imprisoned for any term of years or for life, or both.
``(b) Defined Term.--In this section, the term `terrorist' means any person who intends to commit, or is avoiding apprehension after having committed, an offense listed under section 2332b(g)(5)(B).''.
(b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:
``2283. Transportation of explosive, biological, chemical, or radioactive or nuclear materials.
``2284. Transportation of terrorists.''.
SEC. __16. DESTRUCTION OR INTERFERENCE WITH VESSELS OR
MARITIME FACILITIES.
(a) In General.--Part 1 of title 18, United States Code, is amended by inserting after chapter 111 the following:
``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR
MARITIME FACILITIES
``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``2293. Bar to prosecution.
``Sec. 2290. Jurisdiction and scope
``(a) Jurisdiction.--There is jurisdiction over an offense under this chapter if the prohibited activity takes place--
``(1) within the United States or within waters subject to the jurisdiction of the United States; or
``(2) outside United States and--
``(A) an offender or a victim is a national of the United States (as that term is defined under section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(B) the activity involves a vessel in which a national of the United States was on board; or
``(C) the activity involves a vessel of the United States
(as that term is defined under section 2(c) of the Maritime Drug Law Enforcement Act (42 App. U.S.C. 1903(c)).
``(b) Scope.--Nothing in this chapter shall apply to otherwise lawful activities carried out by or at the direction of the United States Government.
``Sec. 2291. Destruction of vessel or maritime facility
``(a) Offense.--Whoever willfully--
``(1) sets fire to, damages, destroys, disables, or wrecks any vessel;
``(2) places or causes to be placed a destructive device, as defined in section 921(a)(4), or destructive substance, as defined in section 13, in, upon, or in proximity to, or otherwise makes or causes to be made unworkable or unusable or hazardous to work or use, any vessel, or any part or other materials used or intended to be used in connection with the operation of a vessel;
``(3) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any maritime facility, including but not limited to, any aid to navigation, lock, canal, or vessel traffic service facility or equipment, or interferes by force or violence with the operation of such facility, if such action is likely to endanger the safety of any vessel in navigation;
``(4) sets fire to, damages, destroys, or disables or places a destructive device or substance in, upon, or in proximity to, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;
``(5) performs an act of violence against or incapacitates any individual on any vessel, if such act of violence or incapacitation is likely to endanger the safety of the vessel or those on board;
``(6) performs an act of violence against a person that causes or is likely to cause serious bodily injury, as defined in section 1365, in, upon, or in proximity to, any appliance, structure, property, machine, or apparatus, or any facility or other material used, or intended to be used, in connection with the operation, maintenance, loading, unloading, or storage of any vessel or any passenger or cargo carried or intended to be carried on any vessel;
``(7) communicates information, knowing the information to be false and under circumstances in which such information may reasonably be believed, thereby endangering the safety of any vessel in navigation; or
``(8) attempts or conspires to do anything prohibited under paragraphs (1) through (7):shall be fined under this title or imprisoned not more than 20 years, or both.
``(b) Limitation.--Subsection (a) shall not apply to any person that is engaging in otherwise lawful activity, such as normal repair and salvage activities, and the lawful transportation of hazardous materials.
``(c) Penalty.--Whoever is fined or imprisoned under subsection (a) as a result of an act involving a vessel that, at the time of the violation, carried high-level radioactive waste (as that term is defined in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or spent nuclear fuel (as that term is defined in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)), shall be fined under title 18, imprisoned for a term up to life, or both.
``(d) Penalty When Death Results.--Whoever is convicted of any crime prohibited by subsection (a), which has resulted in the death of any person, shall be subject also to the death penalty or to imprisonment for life.
``(e) Threats.--Whoever willfully imparts or conveys any threat to do an act which would violate this chapter, with an apparent determination and will to carry the threat into execution, shall be fined under this title, imprisoned not more than 5 years, or both, and is liable for all costs incurred as a result of such threat.
``Sec. 2292. Imparting or conveying false information
``(a) In General.--Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by this chapter or by chapter 111 of this title, shall be subject to a civil penalty of not more than $5,000, which shall be recoverable in a civil action brought in the name of the United States.
``(b) Malicious Conduct.--Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt to do any act which would be a crime prohibited by this chapter or by chapter 111 of this title, shall be fined under this title, imprisoned not more than 5 years, or both.
``(c) Jurisdiction.--
``(1) In general.--Except as provided under paragraph (2), section 2290(a) shall not apply to any offense under this section.
``(2) Jurisdiction.--Jurisdiction over an offense under this section shall be determined in accordance with the provisions applicable to the crime prohibited by this chapter, or by chapter 2, 97, or 111 of this title, to which the imparted or conveyed false information relates, as applicable.
``Sec. 2293. Bar to prosecution
``(a) In General.--It is a bar to prosecution under this chapter if--
``(1) the conduct in question occurred within the United States in relation to a labor dispute, and such conduct is prohibited as a felony under the law of the State in which it was committed; or
``(2) such conduct is prohibited as a misdemeanor under the law of the State in which it was committed.
``(b) Definitions.--In this section:
``(1) Labor dispute.--The term `labor dispute' has the same meaning given that term in section 113(c) of the Norris-LaGuardia Act (29 U.S.C. 113(c)).
``(2) State.--The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.''.
(b) Technical and Conforming Amendment.--The table of chapters at the beginning of title 18, United States Code, is amended by inserting after the item for chapter 111 the following:
``111A. Destruction of, or interference with, vessels or maritime facilities..................................................2290''.
SEC. __17. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR
VESSELS.
(a) Theft of Interstate or Foreign Shipments.--Section 659 of title 18, United States Code, is amended--
(1) in the first undesignated paragraph--
(A) by inserting ``trailer,'' after ``motortruck,'';
(B) by inserting ``air cargo container,'' after
``aircraft,''; and
(C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility'';
(2) in the fifth undesignated paragraph, by striking ``one year'' and inserting ``3 years''; and
(3) by inserting after the first sentence in the eighth undesignated paragraph the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transhipment or otherwise.''.
(b) Stolen Vessels.--
(1) In general.--Section 2311 of title 18, United States Code, is amended by adding at the end the following:
`` `Vessel' means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.''.
(2) Transportation and sale of stolen vessels.--Sections 2312 and 2313 of title 18, United States Code, are each amended by striking ``motor vehicle or aircraft'' and inserting ``motor vehicle, vessel, or aircraft''.
(c) Review of Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines to determine whether sentencing enhancement is appropriate for any offense under section 659 or 2311 of title 18, United States Code, as amended by this Act.
(d) Annual Report of Law Enforcement Activities.--The Attorney General shall annually submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this Act.
(e) Reporting of Cargo Theft.--The Attorney General shall take the steps necessary to ensure that reports of cargo theft collected by Federal, State, and local officials are reflected as a separate category in the Uniform Crime Reporting System, or any successor system, by no later than December 31, 2005.
SEC. __18. INCREASED PENALTIES FOR NONCOMPLIANCE WITH
MANIFEST REQUIREMENTS.
(a) Reporting, Entry, Clearance Requirements.--Section 436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is amended by--
(1) striking ``or aircraft pilot'' and inserting ``, aircraft pilot, operator, owner of such vessel, vehicle or aircraft or any other responsible party (including non-vessel operating common carriers)'';
(2) striking ``$5,000'' and inserting ``$10,000''; and
(3) striking ``$10,000'' and inserting ``$25,000''.
(b) Criminal Penalty.--Section 436(c) of the Tariff Act of 1930 (19 U.S.C. 1436(c)) is amended by striking ``$2,000'' and inserting ``$10,000''.
(c) Falsity or Lack of Manifest.--Section 584(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by striking ``$1,000'' in each place it occurs and inserting
``$10,000''.
SEC. __19. STOWAWAYS ON VESSELS OR AIRCRAFT.
Section 2199 of title 18, United States Code, is amended by striking ``Shall be fined under this title or imprisoned not more than one year, or both.'' and inserting the following:
``(1) shall be fined under this title, imprisoned not more than 5 years, or both;
``(2) if the person commits an act proscribed by this section, with the intent to commit serious bodily injury, and serious bodily injury occurs (as defined under section 1365, including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242) to any person other than a participant as a result of a violation of this section, shall be fined under this title, imprisoned not more than 20 years, or both; and
``(3) if an individual commits an act proscribed by this section, with the intent to cause death, and if the death of any person other than a participant occurs as a result of a violation of this section, shall be fined under this title, imprisoned for any number of years or for life, or both.''. SEC. __20. BRIBERY AFFECTING PORT SECURITY.
(a) In General.--Chapter 11 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 226. Bribery affecting port security
``(a) In General.--Whoever knowingly--
``(1) directly or indirectly, corruptly gives, offers, or promises anything of value to any public or private person, with intent--
``(A) to commit international or domestic terrorism (as that term is defined under section 2331);
``(B) to influence any action or any person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud affecting any secure or restricted area or seaport; or
``(C) to induce any official or person to do or omit to do any act in violation of the fiduciary duty of such official or person which affects any secure or restricted area or seaport; or
``(2) directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for--
``(A) being influenced in the performance of any official act affecting any secure or restricted area or seaport; and
``(B) knowing that such influence will be used to commit, or plan to commit, international or domestic terrorism;shall be fined under this title, imprisoned not more than 15 years, or both.
``(b) Definition.--In this section, the term `secure or restricted area' has the meaning given that term in section 2285(c).''.
(b) Technical and Conforming Amendment.--The table of sections for chapter 11 of title 18, United States Code, is amended by adding at the end the following:
``226. Bribery affecting port security.''.
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