National Intelligence Reform Act of 2004 - Part 1

NATIONAL INTELLIGENCE REFORM ACT OF 2004-CONTINUED

Ms. COLLINS. Mr. President, first, I thank the distinguished chairman and ranking member of the Armed Services Committee for working so closely with Mr. Lieberman and me on this very important issue to set forth a process for determining what intelligence assets belong in the NIP, the national intelligence program, versus the joint military intelligence program and the tactical program.

The Collins-Lieberman bill gives the national intelligence director strong budgetary authority over the national intelligence program. Senator Lieberman and I envision that his program will be composed of the intelligence assets that serve national purposes, meaning those that pertain to the interests of more than one department.

In the long run, I strongly believe the budgets for the National Security Agency, the National Geospatial-Intelligence Agency, and the National Reconnaissance Office should be wholly within the national intelligence program.

Currently, these agencies have split budgets, and the heads of these agencies tell us that leads to a great deal of administrative inefficiency. Now, it is possible that some intelligence assets from the Department of Defense's Joint Military Intelligence Program may ultimately be moved to the national intelligence program, but, of course, military intelligence assets that principally serve joint or tactical military needs should stay within the Department of Defense, and I think the language is very clear on this point.

Through this amendment, we have tried to address concerns that both Senators have raised. I think the compromise language
does address and alleviate those concerns. The reviews that are underway will help us better define the parts of the intelligence budget that will be completed within 1 year after the effective date, in one case 60 days, in the case that Senator Levin is concerned with the three activities in the Defense Intelligence Agency.

The reviews mandated in this compromise amendment will provide a rational process for determining which assets belong in the national intelligence program and which do not. I very much appreciate the cooperation of our colleagues, and I do urge adoption of the amendment.

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Ms. COLLINS. Mr. President, I thank the senior Senator from Alaska for his cooperation and his many helpful suggestions for improving this bill. I have great affection and respect for the senior Senator. I very much appreciate the fact that he is going to support this bill on final passage. That means a great deal to me and will certainly assist us. I look forward to continuing to consult with him as we move through the conference process, and I will tell the senior Senator from Alaska that I am very relieved today to see that he is not wearing his "Incredible Hulk" tie but, rather, a very restrained tie from some national museum, I believe. I know that bodes well for the day ending well. Again, I thank the Senator. I very much enjoy working with him.

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Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

The PRESIDING OFFICER. Without objection, it is so ordered.

Ms. COLLINS. Mr. President, of all the testimony presented to the Committee on Governmental Affairs during our eight hearings
on the recommendations of the 9/11 Commission perhaps none was more powerful than that of Mary Fetchet. Her son, Brad,
died in the World Trade Center on September 11. Here are a few of her words.

She said:

When American lives are at stake, indifference or inertia is unacceptable. When critical reforms are implemented to make our
country safer, I will know that neither Brad's life nor the lives of nearly 3,000 others who perished on September 11 were lost in vain.

Throughout this debate it has been the families of the victims of 9/11 who have reminded us of why we are here and why these reforms are so important.

In passing the National Intelligence Reform Act of 2004-as I believe we will later this afternoon-the Senate will reject
indifference and inertia. We will endure critical reforms to make our country safer. We will declare that the lives lost to terrorism were not lost in vain. The action we take in their memory will benefit people of good will in this country and throughout the world today and for many years to come.

This legislation will make the most sweeping changes in our intelligence structures in more than 50 years. It is the result of enormous effort. The issues are complex and many. The timetable was tight, but the stakes were so high and the times so dangerous that we simply could not delay this urgent task. Now we are on the threshold of getting the job done and getting it done right.

I am deeply grateful to my good friend Senator Lieberman. This legislation would not have been possible without his tireless effort and his bipartisan spirit. From the moment we were first assigned the task of developing this legislation on July 22nd, our fellow members of the Governmental Affairs Committee dug in with energy and intellect. I am grateful to the Presiding Officer as one of the committee members for his contributions. It was an August recess we will never forget.

We are very grateful to the leaders of the Senate. Senator Frist and Senator Daschle had the confidence in our committee that they felt they could charge us with this enormous and critical undertaking.

Our whips, Senator Reid and Senator McConnell, have also been very helpful. Senator Reid has been a constant presence in the Chamber throughout this debate.

We could not have accomplished all that we did without our dedicated staff, led by Michael Bopp and Joyce Rechtschaffen.
We have worked so closely with them. We have worked arm in arm. They have literally worked day and night to produce this bill. I am so proud of their extraordinary efforts.

Our staffs were supplemented by hard-working detailees from the CIA, the DIA, and other agencies, as well as by members of the Commission staff who, rather than going back to their previous jobs and lives, worked with us on the committee to help give the benefit of their expertise. Without the efforts of all these staff members we never could have gotten the job done. I am very grateful to all of them.

This legislation, however, is not merely the result of months of extraordinary effort by our committee or of the expert and insightful testimony we heard from more than two dozen witnesses at eight hearings. Rather, it builds upon a rock-solid foundation laid by the 9/11 Commission and the investigation that it conducted over 20 months, including 19 days of hearings with 160 witnesses. I thank all Commission members for all of their extraordinary effort.

The need for reform in our intelligence system was not, however, suddenly revealed in hearings spurred by one catastrophic failure 3 years ago. The failures that led to that day are numerous and reach back many years. They were overlooked in terrorist attack after terrorist attack for more than a decade. The call for reform was made in studies, commission reports, and legislation going back half a century. It is a call we can no longer ignore.

Our committee was guided by clear principles. An intelligence community designed for the Cold War must be transformed into one designed to win the war against global terrorism and future national security threats. The new structure must build upon the strengths of the old and recognize the considerable improvements made since September 11.

The unique experience, expertise, and viewpoints of the 15 agencies that comprise our intelligence community are assets that must be preserved. The barriers to information sharing, cooperation, and coordination within the community, what the 9/11 Commission calls stovepipes, must be demolished. In their place must come a structure with the agility the times and the threats demand-not another layer of bureaucracy.

We were determined, in crafting this new structure, that we not infringe upon the freedoms that define us as Americans. The legislation that came out of our committee by a unanimous vote adhered to these important principles and it has been strengthened by the vigorous debate we have had in the Senate during the past week. The debate has not merely been vigorous but also highly informed. Throughout these proceedings, it has been clear the commitment that drove our committee to act is shared by the full Senate. From the authorities of the national intelligence director to the structure of our transformed intelligence community to the protection of civil liberties, many critical issues have been raised, debated, and resolved. I particularly thank the members of the Committee on Armed Services, the Select Committee on Intelligence, and the Appropriations Committee, particularly their chairs and ranking members. Their knowledge and their input have been invaluable.

Many important issues have been raised and will be resolved as this transformation continues. One of the most remarkable aspects of this debate has been the widespread recognition that intelligence reform is not a single act but an ongoing process.

The fundamental obligation of government is to protect its citizens and those protections must evolve to meet new threats.
This legislation brings about much-needed reforms and it creates an environment in which this ongoing process can continue.

I began these remarks with a quote from a mother who has suffered the worst loss any parent can endure. She turned her loss into positive advocacy. It is Senator Byrd, however, who inspires me to end these remarks with a quote from the Constitution.

To form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our Posterity . . .

The opening lines of our Constitution provide, in some ways, a job description of America's Government that is a miracle of clarity as well as an awesome challenge. Rarely does one piece of legislation encompass all of its elements or do we have the opportunity to do so in a way that clearly demonstrates the spirit that animates it. This is one of those rare times. Let us do what the times demand. Let us act to approve this legislation this afternoon and by doing so make our country safer.

The PRESIDING OFFICER. The Senator from Vermont.

Mr. LEAHY. Has the Senator from Maine completed her statement?

Ms. COLLINS. Yes.

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Ms. COLLINS. Mr. President, I thank Senator Leahy for working with Senator Lieberman and me on his amendment. It requires
two reports related to watch lists: one on the criteria for listing a name on the Terrorist Screening Center's consolidated watch list, and another on the effect of the "automatic selectee" and "no-fly" lists on privacy and civil liberties.

We worked with him to incorporate some modifications that make the amendment acceptable to the two managers and incorporate some recommendations from the administration.

I am well aware of some of the problems with the watch list. A constituent of mine from Camden, ME, a retired physician, has the misfortune to have a name that is identical to a name that is on the watch list. Every time he flies, he encounters great difficulties. I believe the Senator's amendment will help to address that.

It is important to ensure we are safe and that those who want to do us harm do not have access to aircraft. But at the same time we want to make sure that law-abiding travelers are not impeded from conducting their travels simply because they have the misfortune to share a name with someone on the watch list.

The process required by the Senator, I think, will be helpful. I urge adoption of the amendment.

The PRESIDING OFFICER. If there is no further debate, the question is on agreeing to the amendment, as modified.

The amendment (No. 3915), as modified, was agreed to.

Mr. LEAHY. I move to reconsider the vote.

Ms. COLLINS. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

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Ms. COLLINS. Mr. President, again, I thank Senator Leahy for modifying his amendment to address concerns that the manager
raised. I have no objection to the modified amendment, and I urge its adoption.

The PRESIDING OFFICER. The question is on agreeing to the amendment, as modified.

The amendment (No. 3916), as modified, was agreed to.

Mr. LEAHY. I move to reconsider the vote.

Ms. COLLINS. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

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Ms. COLLINS. Mr. President, I thank the Senator from Vermont for his cooperation on that last issue. As I have explained to my
colleagues, the bill strikes a very delicate balance on the civil liberties board's power, and there were amendments to strengthen it as well as amendments to weaken it. I appreciate my colleagues' cooperation on both sides of the aisle. I am sure there will be more discussion of this issue as we go along.

I thank the Senator from Vermont and suggest the absence of a quorum.

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Ms. COLLINS. Mr. President, reserving the right to object, will the Senator from Michigan inform me whether her statement is going to be germane to the bill as is required in the postcloture situation?

Ms. STABENOW. Mr. President, I will ask to speak as in morning business using this time.

The PRESIDING OFFICER. Is there objection?

Ms. COLLINS. Mr. President, I will not object because I am aware that the Senator could speak for up to an hour under the cloture rules, although I remind the Senator that she could not speak on the subject about which she appears to be ready to speak. But in the interest of moving forward, and since there have been others today who have also spoken as in morning business, I will not object. I do think it is unfortunate, however.

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Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Ms. COLLINS. Mr. President, I know of no further debate on the leader's amendment. The modification has been sent to the
desk. Mr. President, this is the Frist amendment No. 3895, as further modified.

The PRESIDING OFFICER. The amendment is further modified.

The amendment, as further modified, is as follows:

On page 94, strike line 5 and insert the following:

SEC. 144. NATIONAL COUN TER PRO LIF ER A TION CENTER.

(a) NATIONAL COUN ter pro lif er a tion Center.-(1) Within one year of enactment of this Act there shall be established within the National Intelligence Authority a National Coun ter pro lif er a tion Center.

(2) The purpose of the Center is to develop, direct, and coordinate the efforts and activities of the United States Government to interdict the trafficking of weapons of mass destruction, related materials and technologies, and their delivery systems to terrorists, terrorist organizations, other non-state actors of concern, and state actors of concern.

(b) DIRECTOR OF NATIONAL COUN ter pro lif er a tion Center.-(1) There is a Director of the National Coun ter pro lif er a tion Center, who shall be the head of the National Coun ter pro lif er a tion Center, and who shall be appointed by the President, by and with the advice and consent of the Senate.

(2) Any individual nominated for appointment as the Director of the National Coun ter pro lif er a tion Center shall have significant expertise in matters relating to the national security of the United States and matters relating to the proliferation of weapons of mass destruction, their delivery systems, and related materials and technologies that threaten the national security of the United States, its interests, and allies.

(3) The individual serving as the Director of the National Coun ter pro lif er a tion Center may not, while so serving, serve in any capacity in any other element of the intelligence community, except to the extent that the individual serving as Director of the National Coun ter pro lif er a tion Center is doing so in an acting capacity.

© SUPERVISION.-(1) The Director of the National Coun ter pro lif er a tion Center shall report to the National Intelligence Director on the budget, personnel, activities, and programs of the National Coun ter pro lif er a tion Center.

(2) The Director of the National Coun ter pro lif er a tion Center shall report to the National Intelligence Director on the activities of the Directorate of Intelligence of the National Coun ter pro lif er a tion Center under subsection (g).

(3) The Director of the National Coun ter pro lif er a tion Center shall report to the President and the National Intelligence Director on the planning and progress of Coun ter pro lif er a tion operations.

(d) PRIMARY MISSIONS.-The primary missions of the National Coun ter pro lif er a tion Center shall be as follows:

(1) To develop and unify strategy for the Coun ter pro lif er a tion efforts of the United States Government.

(2) To make recommendations to the National Intelligence Director with regard to the collection and analysis requirements and priorities of the National Coun ter pro lif er a tion Center.

(3) To integrate Coun ter pro lif er a tion intelligence activities of the United States Government, both inside and outside the United States, and with other governments.

(4) To conduct stgrategic planning and develop recommended courses of action for multilateral and United States Government Coun ter pro lif er a tion activities, which-

(A) involve more than one department, agency, or element of the executive branch (unless otherwise directed by the President) of the United States Government; and

(B) include the mission, objectives to be achieved, courses of action, parameters for such courses of action, coordination of agency operational activities, recommendations for operational activities, and assignment of national, departmental, or agency responsibilities.

(5) To ensure that the collection, analysis, and utilization of Coun ter pro lif er a tion intelligence, and the conduct of Coun ter pro lif er a tion operations, by the United States Government are informed by the analysis of all-source intelligence.

(e) DUTIES AND RESPONSIBILITIES OF DIRECTOR OF NATIONAL COUN ter pro lif er a tion Center.-Notwithstanding any other provision of law, at the direction of the President and the National Intelligence Director, the Director of the National Coun ter pro lif er a tion Center shall-

(1) serve as a principal adviser to the President and the National Intelligence Director on operations relating to interagency Coun ter pro lif er a tion planning and activities;

(2) provide unified strategic direction for the Coun ter pro lif er a tion efforts of the United States Government and for the effective integration and deconfliction of coun ter pro lif er a tion intelligence and operations across agency boundaries, both inside and outside the United States, and with foreign governments;

(3) advise the President and the National Intelligence Director on the extent to which the Coun ter pro lif er a tion program recommendations and budget proposals of the departments, agencies, and elements of the United States Government conform to the policies and priorities established by the President and the National Security Council;

(4) advise the President on, the selections of personnel to head the nonmilitary operating entities of the United States Government with principal missions relating to Coun ter pro lif er a tion;

(5) advise the President and the National Intelligence Director on the science and technology research and development requirements and priorities of the Coun ter pro lif er a tion programs and activities of the United States Government; and

(6) perform such other duties as the National Intelligence Director may prescribe or are prescribed by law;

(f) DIRECTORATE OF INTELLIGENCE.-(1) The Director of the National Coun ter pro lif er a tion Center shall establish and maintain within the National Coun ter pro lif er a tion Center a Directorate of Intelligence.

(2) The Directorate shall have primary responsibility within the United States Government for the analysis of information regarding proliferators (including individuals, entities, organizations, companies, and states) and their networks, from all sources of intelligence, whether collected inside or outside the United States.

(3) The Directorate shall-

(A) be the principal repository within the United States Government for all-source information on suspected proliferators, their networks, their activities, and their capabilities;

(B) propose intelligence collection and analysis requirements and priorities for action by elements of the intelligence community inside and outside the United States;

© have primary responsibility within the United States Government for net assessments and warnings about weapons of mass destruction proliferation threats, which assessments and warnings shall be based on a comparison of the intentions and capabilities of proliferators with assessed national vulnerabilities and countermeasures;

(D) conduct through a separate office independent analyses (commonly referred to as "red teaming") of intelligence collected and analyzed with respect to proliferation; and

(E) perform such other duties and functions as the Director of the National Coun ter pro lif er a tion Center may prescribe.

(g) DIRECTORATE OF PLANNING.-(1) The Director of the National Coun ter pro lif er a tion Center shall establish and maintain within the National Coun ter pro lif er a tion Center a Directorate of Planning.

(2) The Directorate shall have primary responsibility for conducting strategic planning and developing courses of action for Coun ter pro lif er a tion activities, as described in subsection (d)(4).

(3) The Directorate shall-

(A) provide guidance, and develop strategy and interagency plans, to counter proliferation activities based on policy objectives and priorities established by the National Security Council;

(B) develop plans under subparagraph (A) utilizing input from personnel in other departments, agencies, and elements of the United States Government who have expertise in the priorities, functions, assets, programs, capabilities, and operations of such departments, agencies, and elements with respect to Coun ter pro lif er a tion;

© assign responsibilities and propose courses of action for Coun ter pro lif er a tion operations to the departments and agencies of the United States Government (including the Department of Defense, the Department of State, the Central Intelligence Agency, the Federal Bureau of Investigation, the Department of Homeland Security, and other departments and agencies of the United States Government), consistent with the authorities of such departments and agencies;

(D) monitor the implementation of operations assigned under subparagraph © and update interagency plans for such operations as necessary;

(E) report to the President and the National Intelligence Director on the performance of the departments, agencies, and elements of the United States with regard to the plans developed under subparagraph (A); and

(F) perform such other duties and functions as the Director of the National Coun ter pro lif er a tion Center may prescribe.

(4) The Directorate may not direct the execution of operations assigned under paragraph (3).

(h) STAFF.-(1) The National Intelligence Director may appoint deputy directors of the National Coun ter pro lif er a tion
Center to oversee such portions of the operations of the Center as the National Intelligence Director considers appropriate.

(2) To assist the Director of the National Coun ter pro lif er a tion Center in fulfilling the duties and responsibilities of the
Director of the National Coun ter pro lif er a tion Center under this section, the National Intelligence Director shall employ in the National Coun ter pro lif er a tion Center a professional staff having an expertise in matters relating to such duties and responsibilities.

(3) In providing for a professional staff for the National Coun ter pro lif er a tion Center under paragraph (2), the National
Intelligence Director may establish as positions in the excepted service such positions in the Center as the National Intelligence Director considers appropriate.

(4) The National Intelligence Director shall ensure that the analytical staff of the National Coun ter pro lif er a tion Center is
comprised primarily of experts from elements in the intelligence community and from such other personnel in the United States Government as the National Intelligence Director considers appropriate.

(5)(A) In order to meet the requirements in paragraph (4), the National Intelligence Director shall, from time to time-

(i) specify the transfers, assignments, and details of personnel funded within the National Intelligence Program to the National
Coun ter pro lif er a tion Center from any element of the intelligence community that the National Intelligence Director considers appropriate; and

(ii) in the case of personnel from a department, agency, or element of the United States Government and not funded within the National Intelligence Program, request the transfer, assignment, or detail of such personnel from the department, agency, or other element concerned.

(B)(i) The head of an element of the intelligence community shall promptly effect any transfer, assignment, or detail of personnel specified by the National Intelligence Director under subparagraph (A)(i).

(ii) The head of a department, agency, or element of the United States Government receiving a request for transfer, assignment, or detail of personnel under subparagraph (A)(ii) shall, to the extent practicable, approve the request.

(6) Personnel employed in or assigned or detailed to the National Coun ter pro lif er a tion Center under this subsection shall be under the authority, direction, and control of the Director of the National Coun ter pro lif er a tion Center on all matters for which the Center has been assigned responsibility and for all matters related to the accomplishment of the missions of the Center.

(7) Performance evaluations of personnel assigned or detailed to the National Coun ter pro lif er a tion Center under this subsection shall be undertaken by the supervisors of such personnel at the Center.

(8) The supervisors of the staff of the National Coun ter pro lif er a tion Center may, with the approval of the National Intelligence Director, reward the staff of the Center for meritorious performance by the provision of such performance awards
as the National Intelligence Director shall prescribe.

(9) The National Intelligence Director may delegate to the Director of the National Coun ter pro lif er a tion Center any responsibility, power, or authority of the National Intelligence Director under paragraphs (1) through (8).

(10) The National Intelligence Director shall ensure that the staff of the National Coun ter pro lif er a tion Center has access to all databases and information maintained by the elements of the intelligence community that are relevant to the duties of the Center.

(i) SUPPORT AND COOPERATION OF OTHER AGENCIES.-(1) The elements of the intelligence community and the other
departments, agencies, and elements of the United States Government shall support, assist, and cooperate with the National Coun ter pro lif er a tion Center in carrying out its missions under this section.

(2) The support, assistance, and cooperation of a department, agency, or element of the United States Government under this subsection shall include, but not be limited to-

(A) the implementation of interagency plans for operations, whether foreign or domestic, that are developed by the National Coun ter pro lif er a tion Center in a manner consistent with the laws and regulations of the United States and consistent with the limitation in subsection (h)(4);

(B) cooperative work with the Director of the National Coun ter pro lif er a tion Center to ensure that ongoing operations of such department, agency, or element do not conflict with operations planned by the Center;

© reports, upon request, to the Director of the National Coun ter pro lif er a tion Center on the performance of such department, agency, or element in implementing responsibilities assigned to such department, agency, or element through joint operations plans; and

(D) the provision to the analysts of the National Coun ter pro lif er a tion Center electronic access in real time to information and intelligence collected by such department, agency, or element that is relevant to the missions of the Center.

(3) In the event of a disagreement between the National Intelligence Director and the head of a department, agency, or element of the United States Government on a plan developed or responsibility assigned by the National Coun ter pro lif er a tion Center under this subsection, the National Intelligence Director may either accede to the head of the department, agency, or element concerned or notify the President of the necessity of resolving the disagreement.

(j) DEFINITIONS.-In this section:

(1) The term "Coun ter pro lif er a tion" means-

(A) activities, programs and measures for interdicting (including deterring, preventing, halting, and rolling back) the transfer or transport (whether by air, land or sea) of weapons of mass destruction, their delivery systems, and related materials and technologies to and from states and non-state actors (especially terrorists and terrorist organizations) of proliferation concern;

(B) enhanced law enforcement activities and cooperation to deter, prevent, halt, and rollback proliferation-related networks, activities, organizations, and individuals, and bring those involved to justice; and

© activities, programs, and measures for identifying, collecting, and analyzing information and intelligence related to the transfer or transport of weapons, systems, materials, and technologies as described in subparagraph (A).

(2) "Coun ter pro lif er a tion" does not include-

(A) the Cooperative Threat Reduction and other threat reduction programs run or administered by the Department of Defense, Department of Energy and Department of State;

(B) the nonproliferation efforts and activities of the United States Government as they apply to the implementation and management of nonproliferation treaties, conventions, and regimes; or,

© programs designated to protect members of the Armed Forces from the employment of weapons of mass destruction by developing and fielding protective equipment, gear and clothing, and other means to enhance the survivability of Armed Forces personnel on the battlefield.

(3) The term "states and non-state actors of proliferation concern" refers to countries or entities (including individuals, entities, organizations, companies, and networks) that should be subject to coun ter pro lif er a tion activities because of their actions or intent to engage in proliferation through-

(A) efforts to develop or acquire chemical, biological, or nuclear weapons and associated delivery systems; or

(B) transfers (either selling, receiving, or facilitating) of weapons of mass destruction, their delivery systems, or related materials.

(k) REPORTS ON EESTABLISHMENT.-(1)(A) The President shall submit to Congress a report on the plans of the President to establish the National Coun ter pro lif er a tion Center as required by this section.

(B) The report shall be submitted not later than six months after the date of the enactment of this Act, and not later than 30 days before the date of the establishment of the National Coun ter pro lif er a tion Center.

(2) The President shall submit to Congress from time to time such updates of the plans under paragraph (1)(a) as the President considers appropriate. Each update shall include such recommendations for legislative or administrative action as the President considers appropriate to improve the effectiveness of the National Coun ter pro lif er a tion Center consistent with its
mission.

(m) CONSTRUCTION WITH CERTAIN CONDITIONS.-Nothing in this section shall override recommendations contained in the forthcoming final report of the President's Commission on Weapons of Mass Destruction, established by Executive Order in February 2004, that will improve the effectiveness of the National Coun ter pro lif er a tion Center: Provided further, That in the case of a conflict between the WMD Commission's final report and the National Coun ter pro lif er a tion Center as established in this section, the Congress and the President shall consider the Commission's recommendations and act as soon as practicable thereafter to make such modifications to statute as deemed necessary.

SEC. 145. NATIONAL INTELLIGENCE CENTERS.

The PRESIDING OFFICER. The question is on agreeing to the amendment, as further modified.

The amendment (No. 3895), as further modified, was agreed to.

Ms. COLLINS. I move to reconsider the vote.

Mr. REID. I move to lay that motion on the table.

The motion to lay on the table was agreed to.

Ms. COLLINS. Mr. President, I have a series of cleared amendments at the desk. Some of them 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.

Mr. REID. Mr. President, I object.

The PRESIDING OFFICER. Objection is heard.

Mr. REID. I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

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AMENDMENT NO. 3896

Ms. COLLINS. Mr. President, I ask unanimous consent that the Frist amendment No. 3896 be considered at this point.

The PRESIDING OFFICER. Without objection, the amendment is now pending.

Ms. COLLINS. Mr. President, I know of no further debate on this amendment.

The PRESIDING OFFICER. The question is on agreeing to the amendment.

The amendment (No. 3896) was agreed to.

Ms. COLLINS. Mr. President, I suggest the absence of a quorum.

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Ms. COLLINS. Mr. President, I very much appreciate the cooperation of the chairman of the Armed Services Committee. We
have incorporated many of his suggestions into the bill. I appreciate his advice.

I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

MODIFICATION TO NO. 3807

Ms. COLLINS. Mr. President, I ask unanimous consent to modify amendment No. 3807, with the changes at the desk,
notwithstanding its prior adoption.

The PRESIDING OFFICER. Without objection, it is so ordered.

The modification is as follows:

hold driver's licenses and personal identification cards.

(4) NEGOTIATED RULEMAKING.-

(A) IN GENERAL.-Before publishing the proposed regulations required by paragraph (2) to carry out this title, the
Secretary of Transportation shall establish a negotiated rulemaking process pursuant to subchapter IV of chapter 5 of title 5, United States Code (5 U.S.C. 561 et seq.).

(B) REPRESENTATION ON NEGOTIATED RULEMAKING COMMITTEE.-Any negotiated rulemaking committee established by the Secretary of Transportation pursuant to subparagraph (A) shall include representatives from-

(i) among State offices that issue driver's licenses or personal identification cards;

(ii) among State elected officials;

(iii) the Department of Homeland Security; and

(iv) among interested parties, including organizations with technological and operational expertise in document security and organizations that represent the interests of applicants for such licenses or identification cards.

© TIME REQUIREMENT.-The process described in subparagraph (A) shall be conducted in a timely manner to ensure that-

(i) any recommendation for a proposed rule or report is provided to the Secretary of Transportation not later than 9 months after the date of enactment of this Act; and

(ii) a final rule is promulgated not later than 18 months after the date of enactment of this Act.

© GRANTS TO STATES.-

(1) ASSISTANCE IN MEETING FEDERAL STANDARDS.-Beginning on the date a final regulation is promulgated under subsection (b)(2), the Secretary of Transportation shall award grants to States to assist them in conforming to the
minimum standards for driver's licenses and personal identification cards set forth in the regulation.

(2) ALLOCATION OF GRANTS.-The Secretary of Transportation shall award grants to States under this subsection based on the proportion that the estimated average annual number of driver's licenses and personal identification cards issued by a State applying for a grant bears to the average annual number of such documents issued by all States.

(3) MINIMUM ALLOCATION.-Notwithstanding paragraph (2), each State shall receive not less than 0.5 percent of the grant funds made available under this subsection.

(d) EXTENSION OF EFFECTIVE DATE.-The Secretary of Transportation may extend the date specified under subsection (b)(1)(A) for up to 2 years for driver's licenses issued by a State if the Secretary determines that the State made reasonable efforts to comply with the date under such subsection but was unable to do so.

(e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to the Secretary of Transportation for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.

SEC. __08. SOCIAL SECURITY CARDS.

(a) SECURITY ENHANCEMENTS.-The Commissioner of Social Security shall-

(1) not later than 180 days after the date of enactment of this section, issue regulations to restrict the issuance of multiple replacement social security cards to any individual to minimize fraud;

(2) within 1 year after the date of enactment of this section, require verification of records provided by an applicant for an original social security card, other than for purposes of enumeration at birth; and

(3) within 18 months after the date of enactment of this section, add death, fraud, and work authorization indicators to the social security number verification system.

(b) INTERAGENCY SECURITY TASK FORCE.-The Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall form an interagency task force for the purpose of further improving the security of social security cards and numbers. Not later than 1 year after the date of enactment of this section, the task force shall establish security requirements, including-

(1) standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft;

(2) requirements for verifying documents submitted for the issuance of replacement cards; and

(3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.