National Intelligence Reform Act of 2004 - Part 2
AMENDMENTS NOS. 3733, AS MODIFIED, 3760, 3837, AS MODIFIED, 3861, AS MODIFIED, 3880, AS MODIFIED, 3924,
AS MODIFIED, 3977, 3978, 3979, AND 3980
Ms. COLLINS. Mr. President, Senator Lieberman and I have a series of cleared amendments at the desk. Some of these are modifications of previously submitted amendments. Therefore, I ask unanimous consent that the amendments be considered en bloc, modified as necessary, agreed to en bloc, with the motions to reconsider laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to, as follows:
AMENDMENT NO. 3733, AS MODIFIED
At the appropriate place, insert the following:
SEC. __. REPORT ON USE OF DATABASES.
(a) DEFINITIONS.-In this section:
(1) DATA-MINING.-The term "data-mining" means a query or search or other analysis of 1 or more electronic databases, where-
(A) at least 1 of the databases was obtained from or remains under the control of a non-Federal entity, or the information was acquired initially by another department or agency of the Federal Government;
(B) the search does not use a specific individual's personal identifiers to acquire information concerning that individual; and
© a department or agency of the Federal Government or a non-Federal entity acting on behalf of the Federal Government is conducting the query or search or other analysis to find a pattern indicating terrorist, criminal, or other law enforcement related activity.
(2) DATABASE.-The term "database" does not include telephone directories, information publicly available via the Internet or available by any other means to any member of the public without payment of a fee, or databases of judicial and administrative opinions.
(b) REPORTS ON DATA-MINING ACTIVITIES.-
(1) REQUIREMENT FOR REPORT.-Beginning one year after the effective date of this section the National Intelligence Director shall submit a report, public to the extent possible with a classified annex, to Congress on all activities of the intelligence community to use or develop data-mining technology.
(2) CONTENT OF REPORT.-A report submitted under paragraph (1) shall include, for each activity to use or develop data-mining technology that is required to be covered by the report, the following information:
(A) A thorough description of the data-mining technology, the plans for the use of such technology, the data that will be used, and the target dates for the deployment of the data-mining technology.
(B) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties.
© A thorough discussion of the policies, procedures, and guidelines that are to be developed and applied in the use of such technology for data-mining in order to-
(i) protect the privacy and due process rights of individuals; and
(ii) ensure that only accurate information is collected and used.
(D) Any necessary classified information in an annex that shall be available to the Committee on Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence and Committee on the Judiciary of the House of Representatives.
(3) TIME FOR REPORT.-The report required under paragraph (1) shall be submitted not later than September 30th of each year.
(4) EXPIRATION.-The requirements of this subsection shall expire 4 years after the date of enactment of this Act.
AMENDMENT NO. 3760
(Purpose: To provide that the Privacy and Civil Liberties Oversight Board include in certain reports, any proposal that the Board advised against, but actions were taken to implement)
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:
© 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.
AMENDMENT NO. 3837, AS MODIFIED
At the end, add the following:
TITLE IV-ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM
SEC. 401. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot program to test various advanced technologies that will improve
border security between ports of entry along the northern border of the United States.
SEC. 402. PROGRAM REQUIREMENTS.
(a) REQUIRED FEATURES.-The Secretary of Homeland Security shall design the pilot program under this title to have the following features:
(1) Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance.
(2) Use of advanced computing and decision integration software for-
(A) evaluation of data indicating border incursions;
(B) assessment of threat potential; and
© rapid real-time communication, monitoring, intelligence gathering, deployment, and response.
(3) Testing of advanced technology systems and software to determine best and most cost-effective uses of advanced technology to improve border security.
(4) Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry with a relatively small presence of United States border patrol officers.
(5) Capability to expand the program upon a determination by the Secretary that expansion would be an appropriate and cost-effective means of improving border security.
(b) COORDINATION WITH OTHER AGENCIES.-The Secretary of Homeland Security shall ensure that the operation of the pilot program under this title-
(1) is coordinated among United States, State and local, and Canadian law enforcement and border security agencies; and
(2) includes ongoing communication among such agencies.
SEC. 403. ADMINISTRATIVE PROVISIONS.
(a) PROCUREMENT OF ADVANCED TECHNOLOGY.-The Secretary of Homeland Security may enter into contracts for
the procurement or use of such advanced technologies as the Secretary determines appropriate for the pilot program under this title.
(b) PROGRAM PARTNERSHIPS.-In carrying out the pilot program, the Secretary of Homeland Security may provide for the establishment of cooperative arrangements for participation in the pilot program by such participants as law enforcement and border security agencies referred to in section 402(b), institutions of higher education, and private sector entities.
SEC. 404. REPORT.
(a) REQUIREMENT FOR REPORT.-Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the pilot program under this title.
(b) CONTENT.-The report under subsection (a) shall include the following matters:
(1) A discussion of the implementation of the pilot program, including the experience under the pilot program.
(2) A recommendation regarding whether to expand the pilot program along the entire northern border of the United States and a timeline for the implementation of the expansion.
SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this title.
AMENDMENT NO. 3861, AS MODIFIED
At the appropriate place, insert the following:
SEC. __. BORDER SURVEILLANCE.
(a) IN GENERAL.-Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the President and the appropriate committees of Congress a comprehensive plan for the systematic surveillance of the Southwest border of the United States by remotely piloted aircraft.
(b) CONTENTS.-The plan submitted under subsection (a) shall include-
(1) recommendations for establishing command and control centers, operations sites, infrastructure, maintenance, and procurement;
(2) cost estimates for the implementation of the plan and ongoing operations;
(3) recommendations for the appropriate agent within the Department of Homeland Security to be the executive agency for remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for the plan;
(5) the types of missions the plan would undertake, including-
(A) protecting the lives of people seeking illegal entry into the United States;
(B) interdicting illegal movement of people, weapons, and other contraband across the border;
© providing investigative support to assist in the dismantling of smuggling and criminal networks along the border;
(D) using remotely piloted aircraft to serve as platforms for the collection of intelligence against smugglers and criminal networks along the border; and
(E) further validating and testing of remotely piloted aircraft for airspace security missions; and
(6) the equipment necessary to carry out the plan.
(7) A recommendation regarding whether to expand the pilot program along the entire southwestern border.
© IMPLEMENTATION.-The Secretary of Homeland Security shall implement the plan submitted under subsection (a) as a pilot program as soon as sufficient funds are appropriated and available for this purpose.
(d) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.
AMENDMENT NO. 3880, AS MODIFIED
On page 19, between lines 14 and 15, insert the following:
© CONSISTENCY OF PERSONNEL POLICIES AND PROGRAMS WITH CERTAIN OTHER PERSONNEL POLICIES AND STANDARDS.-(1) The personnel policies and programs developed and implemented under subsection (a)(8) with respect to members of the uniformed services shall be consistent with any other personnel policies and standards applicable to the members of the uniformed services.
(2) It is the sense of the Senate that the NID shall seek input from the Secretary of Defense, the secretaries of the military departments, and, as appropriate, the Secretary of Homeland Security in developing and implementing such policies and programs.
On page 19, line 15, strike "©" and insert "(d)".
On page 20, line 4, strike "(d)" and insert "(e)".
AMENDMENT NNO. 3924, AS MODIFIED
At the appropriate place, insert the following:
SEC. __. ENTERPRISE ARCHITECTURE.
(a) DEFINITION OF ENTERPRISE ARCHITECTURE.-In this section, the term "enterprise architecture" means a detailed outline or blueprint of the information technology of the Federal Bureau of Investigation that will satisfy the ongoing mission and goals of the Federal Bureau of Investigation and that sets forth specific and identifiable benchmarks.
(b) ENTERPRISE ARCHITECTURE.-The Federal Bureau of Investigation shall-
(1) continually maintain and update an enterprise architecture; and
(2) maintain a state of the art and up to date information technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation.
© REPORT.-Subject to subsection (d), the Director of the Federal Bureau of Investigation shall report to the House and Senate Judiciary Committees, on an annual basis, on whether the major information technology investments of the Federal Bureau of Investigation are in compliance with the enterprise architecture of the Federal Bureau of Investigation and identify any inability or expectation of inability to meet the terms set forth in the enterprise architecture.
(d) FAILURE TO MEET TERMS.-If the Director of the Federal Bureau of Investigation identifies any inability or expectation of inability to meet the terms set forth in the enterprise architecture in a report under subsection ©, the report under subsection © shall-
(1) be twice a year until the inability is corrected;
(2) include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise architecture is substantially related to resources; and
(3) if the inability or expectation of inability is substantially related to resources, include a request for additional funding that would resolve the problem or a request to reprogram funds that would resolve the problem.
(e) Federal Bureau of Investigation's Enterprise Architecture, Agency Plans and Reports-This section shall be carried out in compliance with the requirements set forth in Sec. 206(f) and (1).
AMENDMENT NO. 3977
On page 4, beginning on line 10, strike "information gathered, and activities" and inserting "foreign intelligence gathered, and information gathering and other activities".
On page 4, line 16, insert before the period the following: ", but does not include personnel, physical, document, or communications security programs".
On page 23, line 8, strike the period and insert "as it pertains to those programs, projects, and activities within the National Intelligence Program".
On page 24, line 10, insert "transactional deposit" after "establish".
On page 181, line 9, insert "or involving intelligence acquired through clandestine means" before the period.
AMENDMENT NO. 3978
(Purpose: to authorize the Secretary of State to increase the number of consular officers, clarify the responsibilities and functions of consular officers, and require the Secretary of Homeland Security to increase the number of border patrol agents and customs enforcement investigators)
At the end, add the following:
TITLE IV-OTHER MATTERS
SEC. 401. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) INCREASED NUMBER OF CONSULAR OFFICERS.-The Secretary of State, in each of fiscal years 2006 through 2009, may increase by 150 the number of positions for consular officers above the number of such positions for which funds were allotted for the preceding fiscal year.
(b) LIMITATION ON USE OF FOREIGN NATIONALS FOR VISA SCREENING.-
(1) IMMIGRANT VISAS.-Subsection (b) of section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following: "All immigrant visa applications shall be reviewed and adjudicated by a consular officer.".
(2) NONIMMIGRANT VISAS.-Subsection (d) of such section is amended by adding at the end the following: "All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.".
© TRAINING FOR CONSULAR OFFICERS IN DETECTION OF FRAUDULENT DOCUMENTS.-Section 305(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the end the following: "As part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.".
(d) ASSIGNMENT OF ANTI-FRAUD SPECIALISTS.-
(1) SURVEY REGARDING DOCUMENT FRAUD.-The Secretary of State, in coordination with the Secretary of Homeland Security, shall conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants to consular officers at such posts.
(2) REQUIREMENT FOR SPECIALIST.-
(A) IN GENERAL.-Not later than July 31, 2005, the Secretary of State shall, in coordination with the Secretary of Homeland Security, identify the diplomatic and consular posts at which visas are issued that experience the greatest frequency of presentation of fraudulent documents by visa applicants. The Secretary of State shall assign or designate at each such post at least one full-time anti-fraud specialist employed by the Department of State to assist the consular officers at each such post in the detection of such fraud.
(B) EXCEPTIONS.-The Secretary of State is not required to assign or designate a specialist as described in subparagraph (A) at a diplomatic and consular post if an employee of the Department of Homeland Security is assigned on a full-time basis to such post under the authority in section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236).
SEC. 402. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 1,000 the number of positions for full-time active duty border patrol agents within the Department of Homeland Security above the number of such positions for which funds were made available during the preceding fiscal year. Of the additional border patrol agents, in each fiscal year not less than 20 percent of such agents shall be assigned to duty stations along the northern border of the United States.
SEC. 403. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
In each of fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 800 the number of positions for full-time active duty investigators within the Department of Homeland Security investigating violations of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) above the number of such positions for which funds were made available during the preceding fiscal year.
AMENDMENT NO. 3979
(Purpose: To amend the Immigration and Nationality Act to ensure that nonimmigrant visas are not issued to individuals with connections to terrorism or who intend to carry out terrorist activities in the United States)
At the end, add the following new title:
TITLE IV-VISA REQUIREMENTS
SEC. 401. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) REQUIREMENT FOR INTERVIEWS.-Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following new subsection:
"(h) Notwithstanding any other provision of this Act, the Secretary of State shall require every alien applying for a nonimmigrant visa-
"(1) who is at least 12 years of age and not more than 65 years of age to submit to an in person interview with a consular officer unless the requirement for such interview is waived-
"(A) by a consular official and such alien is within that class of nonimmigrants enumerated in section 101(a)(15)(A) or 101(a)(15)(G) or is granted a diplomatic visa on a diplomatic passport or on the equivalent thereof;
"(B) by a consular official and such alien is applying for a visa-
"(i) not more than 12 months after the date on which the alien's prior visa expired;
"(ii) for the classification under section 101(a)(15) for which such prior visa was issued;
"(iii) from the consular post located in the country in which the alien is a national; and
"(iv) the consular officer has no indication that the alien has not complied with the immigration laws and regulations of the United States; or
"© by the Secretary of State if the Secretary determines that such waiver is-
"(i) in the national interest of the United States; or
"(ii) necessary as a result of unusual circumstances; and
"(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien-
"(A) is not a national of the country in which the alien is applying for a visa;
"(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
"© is listed in the Consular Lookout and Support System (or successor system at the Department of State);
"(D) may not obtain a visa until a security advisory opinion or other Department of State clearance is issued unless such alien is-
"(i) within that class of nonimmigrants enumerated in section 101(a)(15)(A) or 101(a)(15)(G); and
"(ii) not a national of a country that is officially designated by the Secretary of State as a state sponsor of terrorism; or
"(E) is identified as a member of a group or sector that the Secretary of State determines-
"(i) poses a substantial risk of submitting inaccurate information in order to obtain a visa;
"(ii) has historically had visa applications denied at a rate that is higher than the average rate of such denials; or
"(iii) poses a security threat to the United States.".
SEC. 402. VISA APPLICATION REQUIREMENTS.
Section 222© of the Immigration and Nationality Act (8 U.S.C. 1202©) is amended by inserting "The alien shall provide complete and accurate information in response to any request for information contained in the application." after the second sentence.
SEC. 403. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this Act, this title shall take effect 90 days after date of the enactment of this Act.
AMENDMENT NO. 3980
(Purpose: To require the establishment of pilot projects relating to the coordination of information among emergency first responders, and for other purposes)
At the appropriate place, insert the following:
SEC. __. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
(a) PILOT PROJECTS.-Consistent with sections 302 and 430 of the Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Executive Director of the Office of State and Local Government Coordination and Preparedness and the Undersecretary for Science and Technology, shall establish not fewer than 2 pilot projects in high threat urban areas or regions that are likely to implement a national model strategic plan.
(b) PURPOSES.-The purposes of the pilot projects required by this section shall be to develop a regional strategic plan to foster interagency communication in the area in which it is established and coordinate the gathering of all Federal, State, and local first responders in that area, consistent with the national strategic plan developed by the Department of Homeland Security.
© SELECTION CRITERIA.-In selecting urban areas for the location of pilot projects under this section, the Secretary shall consider-
(1) the level of threat risk to the area, as determined by the Department of Homeland Security;
(2) the number of Federal, State, and local law enforcement agencies located in the area;
(3) the number of potential victims from a large scale terrorist attack in the area; and
(4) such other criteria reflecting a community's risk and vulnerability as the Secretary determines is appropriate.
(d) INTERAGENCY ASSISTANCE.-The Secretary of Defense shall provide assistance to the Secretary of Homeland Security, as necessary for the development of the pilot projects required by this section, including examining relevant standards, equipment, and protocols in order to improve interagency communication among first responders.
(e) REPORTS TO CONGRESS.-The Secretary of Homeland Security shall submit to Congress-
(1) an interim report regarding the progress of the interagency communications pilot projects required by this section 6 months after the date of enactment of this Act; and
(2) a final report 18 months after that date of enactment.
(f) FUNDING.-There are authorized to be made available to the Secretary of Homeland Security, such sums as may be necessary to carry out this section.
Ms. COLLINS. Mr. President, I thank everyone who has worked so hard on this bill, particularly my colleague and partner, Senator Lieberman.
I believe we are ready to move to third reading.
The PRESIDING OFFICER. The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed for a third reading and was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the question is, Shall the bill, as amended, pass?
Ms. COLLINS. I ask for the yeas and nays.