Congressional Record: October 10, 2001 (Senate)
Page S10423-S10427
FEDERAL GOVERNMENT NEEDS STRUCTURAL REORGANIZATION OF THE FEDERAL
GOVERNMENT
Mr. SPECTER. Mr. President, I have sought recognition to discuss the
pending emergency caused by the horrific terrorist attacks on September
11. There is a need for some structural reorganization of the Federal
Government in accordance with the recommendations of a number of
distinguished commissions which have studied these problems and in
accordance with our own findings, as we have worked through the matters
in the Senate Intelligence Committee and the Senate Judiciary
Committee. There is also the need for legislation to expand the powers
of law enforcement on terrorists.
With respect to the newly created Office of Homeland Security, it is
my thought there needs to be a structure whereby the position is made a
Cabinet position. The Federal Government is fortunate to have secured
the services of former Governor Tom Ridge of Pennsylvania to take on
this responsibility. For the moment, the office has been created in the
executive branch by an Executive Order, and I believe former
[[Page S10424]]
Governor Ridge is correct when he says, even though other Government
officials may not necessarily listen to him if there are turf battles,
they certainly will listen to the President. That, I do believe, is
true, as former Governor Ridge has represented it.
When we talk about homeland security and that function, we are
talking about something which needs to be institutionalized in order to
go beyond the term of any President, to go beyond the term of any
person who is in charge of that Department, and that, in accordance
with our structure of Government, requires legislative action, in my
judgment. This is something which we will have to work through with
President Bush, with former Governor Ridge, and with the executive
branch. However, I offer these thoughts as many Members of Congress are
now considering this issue and considering legislation.
Representative Thornberry has already introduced legislation in the
House of Representatives. Senator Lieberman is working on similar
legislation. Senator Robert Graham of Florida is working on
legislation, as well. My staff and I have been in the process of
working on legislation which I am not yet prepared to introduce, but at
the conclusion of these remarks I will ask that draft copies of two
bills be printed in the Record.
We have had a number of very distinguished commissions analyze these
problems. We have had the Hart-Rudman Commission analyze the problems
directed to a secure national homeland. That commission pointed out
that the keys to prevention are the following tools: 1. diplomacy; 2.
U.S. diplomatic, intelligence, and military presence overseas; 3.
vigilant systems of border security and surveillance. In order to
enhance the effectiveness of the third key, the Hart-Rudman Commission
recommended creating a national homeland security agency which would
consist of the Coast Guard, the Customs Service, the Border Patrol, and
FEMA, the Federal Emergency Management Agency. The legislation I am
submitting today, which is in draft form, would adopt the
recommendations of the Hart-Rudman Commission.
There has been another distinguished commission, the Brown-Rudman
Commission, which has studied the issues of intelligence and has come
up with a method and a procedure for streamlining and restructuring the
intelligence community.
One of the considerations is that in many Departments of the Federal
Government, there are smaller intelligence agencies, for example, in
the Departments of Treasury, State, Agriculture, and many other
Departments.
At the present time, there is no effective way for dealing with all
of these various Departments. The recommendation of the Brown-Rudman
Commission was to consolidate and centralize, to give greater authority
and power to the Director of Central Intelligence. The Director is
charged not only with the operation of the Central Intelligence Agency,
but also with the oversight of all the intelligence functions in the
United States.
Now, there has admittedly been some gaps and some failures--some
major gaps and some major failures--in these turf battles. During the
1995-1996 session of Congress, I had the privilege of serving as the
Chairman of the Senate Intelligence Committee. I served in that
position for 2 years, in addition to the 6 other years of service on
the Intelligence Committee. There is a term limit of eight years on the
Intelligence Committee. During the course of that work, I saw the turf
battles among the various agencies and became very deeply involved in
the issue of weapons of mass destruction, finding that there were
dozens of agencies dealing with that issue.
In the Intelligence Authorization Act for Fiscal Year 1996, a
commission was created to study weapons of mass destruction. The
commission was chaired by former CIA Director John Deutch, and I served
as the Vice Chairman of that commission. During the course of the
commission work--work that was very similar to that of the Hart-Rudman
Commission, the Rumsfeld Commission, and the Brown-Rudman Commission--
we noted the difficulties accorded to all of these important
activities. It was the judgment of that commission that the structure
be given to the Vice President of the United States on the ground that
he or she--whoever the Vice President may be--would be the only
individual, except for the President, who could handle intelligence
coordination and the kinds of turf battles which are inevitable when
there are numerous intelligence agencies at the Departments of State,
Defense, Treasury, and Justice.
So, it is my thought that we need to address the intelligence
function so that we have the appropriate coordination and so that we do
not have somebody on the FBI Watch List who enters the United States,
buys an airplane ticket, and later becomes a terrorist, such as those
that were part of the massive attack on September 11.
The legislation which I suggest seeks to accomplish a structure for
homeland security and also revises the intelligence functions of the
U.S. Government.
I ask unanimous consent to submit the text of a draft bill--and I
emphasize that it is a draft because we are working on this with quite
a number of Members--entitled "Homeland Defense Act of 2001." I ask
that this draft bill be printed in the Congressional Record at the
conclusion of these remarks. I further ask unanimous consent that the
text of a draft bill--and again, I emphasize draft because we are still
working on it entitled "Intelligence Reform Act of 2001" be printed
in the Congressional Record at the conclusion of these comments.
There being no objection, the draft bills were ordered to be printed
in the Record, as follows:
S. --
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Homeland Defense Act of
2001".
SEC. 2. DEPARTMENT OF HOMELAND SECURITY.
There is established an executive department of the United
States to be known as the Department of Homeland Security.
SEC. 3. SECRETARY OF HOMELAND SECURITY.
(a) Secretary of Homeland Security.--There shall be at the
head of the Department of Homeland Security the Secretary of
Homeland Security, who shall be appointed by the President by
and with the advice and consent of the Senate.
(b) Duties.--Subject to the authority, direction, and
control of the President, the duties of the Secretary shall
be the following:
(1) To plan, coordinate, and integrate United States
Government activities relating to homeland security,
including border security and emergency preparedness, and to
act as a focal point regarding natural and manmade crises and
emergency planning.
(2) To work with State and local governments and executive
agencies in protecting United States homeland security, and
to support State officials through the use of regional
offices around the country.
(3) To provide overall planning guidance to executive
agencies regarding United States homeland security.
(4) To conduct exercise and training programs for employees
of the Department and establish effective command and control
procedures for the full range of potential contingencies
regarding United States homeland security, including
contingencies that require the substantial support of
military assets.
(5) To annually develop a Federal response plan for
homeland security and emergency preparedness.
(c) Membership on National Security Council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C.
402(a)) is amended in the fourth sentence by striking
paragraphs (5), (6), and (7) and inserting the following new
paragraphs (5) and (6):
"(5) the Secretary of Homeland Security; and
"(6) each Secretary or Under Secretary of such other
executive department, or of a military department, as the
President shall designate.".
(d) Pay Level.--Section 5312 of title 5, United States
Code, is amended by adding at the end the following new item:
"Secretary of Homeland Security.".
SEC. 4. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND
ASSETS TO DEPARTMENT OF HOMELAND SECURITY.
The authorities, functions, personnel, and assets of the
following entities are hereby transferred to the Department
of Homeland Security:
(1) The Federal Emergency Management Agency, the ten
regional offices of which shall be maintained and
strengthened by the Department.
(2) The United States Customs Service, which shall be
maintained as a distinct entity within the Department.
(3) The Border Patrol of the Immigration and Naturalization
Service, which shall be maintained as a distinct entity
within the Department.
(4) The elements of the Immigration and Naturalization
Service (other than elements
[[Page S10425]]
covered by paragraph (3)) responsible for enforcement
functions.
(5) The United States Coast Guard, which shall be
maintained as a distinct entity within the Department.
(6) The Critical Infrastructure Assurance Office and the
Institute of Information Infrastructure Protection of the
Department of Commerce.
(7) The National Infrastructure Protection Center and the
National Domestic Preparedness Office of the Federal Bureau
of Investigation.
SEC. 5. ESTABLISHMENT OF AGENCIES AND OFFICES.
(a) Agencies.--The following agencies are hereby
established within the Department of Homeland Security:
(1) Agency for prevention.--The Agency for Prevention,
which shall be responsible for the following:
(A) Overseeing and coordinating all United States border
security activities.
(B) Developing border and maritime security policy for the
United States.
(C) Developing and implementing international standards for
enhanced security in transportation nodes.
(2) Agency for critical infrastructure protection.--The
Agency for Critical Infrastructure Protection, which shall be
responsible for the following:
(A) Acting as the Critical Information Technology,
Assurance, and Security Officer of the Department to
coordinate efforts to address the vulnerability of the United
States to electronic or physical attacks on critical
infrastructure of the United States, including utilities,
transportation nodes, and energy resources.
(B) Overseeing the protection of such infrastructure and
the physical assets and information networks that make up
such infrastructure.
(C) Ensuring the maintenance of a nucleus of cyber security
experts within the United States Government.
(D) Enhancing sharing of information regarding cyber
security and physical security of the United States, tracking
vulnerabilities and proposing improved risk management
policies, and delineating the roles of various government
agencies in preventing, defending, and recovering from
attacks.
(E) Coordinating with the Federal Communications Commission
in helping to establish cyber security policy, standards, and
enforcement mechanisms, and working closely with the
Commission on cyber security issues with respect to
international bodies.
(F) Coordinating the activities of Information Sharing and
Analysis Centers to share information on threats,
vulnerabilities, individual incidents, and privacy issues
regarding United States homeland security.
(G) Assuming the responsibilities carried out by the
Critical Infrastructure Assurance Office before the date of
the enactment of this Act.
(H) Assuming the responsibilities carried out by the
National Infrastructure Protection Center before the date of
the enactment of this Act.
(I) Supporting and overseeing the management of the
Institute for Information Infrastructure Protection.
(3) Agency for emergency preparedness and response.--The
Agency for Emergency Preparedness and Response, which shall
be responsible for the following:
(A) Carrying out all emergency preparedness and response
activities carried out by the Federal Emergency Management
Agency before the date of the enactment of this Act.
(B) Assuming the responsibilities carried out by the
National Domestic Preparedness Office before the date of the
enactment of this Act.
(C) Organizing and training local entities to respond to
emergencies and providing State and local authorities with
equipment for detection, protection, and decontamination in
an emergency involving weapons of mass destruction.
(D) Overseeing Federal, State, and local emergency
preparedness training and exercise programs in keeping with
current intelligence estimates and providing a single staff
for Federal assistance for any emergency (including
emergencies caused by flood, earthquake, hurricane, disease,
or terrorist bomb).
(E) Creating a National Crisis Action Center to act as the
focal point for monitoring emergencies and for coordinating
Federal support for State and local governments and the
private sector in crises.
(F) Establishing training and equipment standards,
providing resource grants, and encouraging intelligence and
information sharing among the Department of Defense, the
Federal Bureau of Investigation, the Central Intelligence
Agency, State emergency management officials, and local first
responders.
(G) Coordinating and integrating activities of the
Department of Defense, the National Guard, and other Federal
agencies into a Federal response plan.
(H) Coordinating activities among private sector entities,
including entities within the medical community, with respect
to recovery, consequence management, and planning for
continuity of services.
(I) Developing and managing a single response system for
national incidents in coordination with the Department of
Justice, the Federal Bureau of Investigation, the Department
of Health and Human Services, and the Centers for Disease
Control.
(J) Maintaining Federal asset databases and supporting up-
to-date State and local databases.
(b) Offices.--The following offices are hereby established
within the Department:
(1) Office of science and technology.--The Office of
Science and Technology, which shall advise the Secretary
regarding research and development efforts and priorities for
the agencies established in subsection (a).
(2) Office of national assessment.--The Office of National
Assessment, which shall assess and analyze all intelligence
relating to terrorist threats to the United States.
SEC. 6. REPORTING REQUIREMENTS.
(a) Biennial Reports.--The Secretary of Homeland Security
shall submit to Congress on a biennial basis--
(1) a report assessing the resources and requirements of
executive agencies relating to border security and emergency
preparedness issues; and
(2) a report certifying the preparedness of the United
States to prevent, protect against, and respond to natural
disasters, cyber attacks, and incidents involving weapons of
mass destruction.
(b) Additional Report.--Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report--
(1) assessing the progress of the Department of Homeland
Security in--
(A) implementing the provisions of this Act; and
(B) ensuring the core functions of each entity transferred
to the Department are maintained and strengthened; and
(2) recommending any conforming changes in law necessary as
a result of the enactment and implementation of this Act.
SEC. 7. COORDINATION WITH OTHER ORGANIZATIONS.
The Secretary of Homeland Security shall establish and
maintain strong mechanisms for the sharing of information and
intelligence with United States and international
intelligence entities.
SEC. 8. PLANNING, PROGRAMMING, AND BUDGETING PROCESS.
The Secretary of Homeland Security shall establish
procedures to ensure that the planning, programming,
budgeting, and financial activities of the Department of
Homeland Security comport with sound financial and fiscal
management principles. Those procedures shall, at a minimum,
provide for the planning, programming, and budgeting of
activities of the Department using funds that are available
for obligation for a limited number of years.
SEC. 9. ENVIRONMENTAL PROTECTION, SAFETY, AND HEALTH
REQUIREMENTS.
The Secretary of Homeland Security shall--
(1) ensure that the Department of Homeland Security
complies with all applicable environmental, safety, and
health statutes and substantive requirements; and
(2) develop procedures for meeting such requirements.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect six months after the date of the
enactment of this Act.
____
S. --
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Intelligence Reform Act of
2001".
TITLE I--INTELLIGENCE MATTERS
SEC. 101. ANNUAL DETERMINATION OF INTELLIGENCE PRIORITIES AND
PLAN FOR EXECUTION OF INTELLIGENCE PRIORITIES.
(a) Annual Determination of Priorities by National Security
Council.--Section 101(b) of the National Security Act of 1947
(50 U.S.C. 402(b)) is amended--
(1) in paragraph (1), by striking "and" at the end;
(2) in paragraph (2), by striking the period at the end and
inserting "; and"; and
(3) by adding at the end the following new paragraph:
"(3) determine on an annual basis the priorities of the
United States with respect to the collection, analysis, and
dissemination of intelligence.".
(b) Annual Plan for Addressing Priorities by Director of
Central Intelligence.--Section 103(c) of that Act (50 U.S.C.
403-3(c)) is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph (4):
"(4) prepare on an annual basis a plan for addressing the
priorities of the United States with respect to the
collection, analysis, and dissemination of intelligence as
identified by the National Security Council in the most
recent annual determination of such priorities under section
101(b)(3);".
SEC. 102. MODIFICATION OF POSITIONS AND RESPONSIBILITIES OF
DEPUTY DIRECTORS OF CENTRAL INTELLIGENCE.
(a) Abolishment of Current Positions and Establishment of
New Positions.--Subsection (b) of section 102 of the National
Security Act of 1947 (50 U.S.C. 403) is amended by striking
paragraphs (1) and (2) and inserting the following new
paragraphs:
"(1) There is a Deputy Director of Central Intelligence
for the Intelligence Community, who shall be appointed by the
President, by and with the advice and consent of the Senate.
[[Page S10426]]
"(2) There is a Deputy Director of Central Intelligence
for the Central Intelligence Agency, who shall be appointed
by the President, by and with the advice and consent of the
Senate.".
(b) Duties of New Positions of Deputy Director.--Subsection
(d) of that section is amended to read as follows:
"(d) Duties of Deputy Directors.--(1)(A) The Deputy
Director of Central Intelligence for the Central Intelligence
Agency shall assist the Director of Central Intelligence in
carrying out the Director's responsibilities under this Act.
"(B) The Deputy Director of Central Intelligence for the
Central Intelligence Agency shall act for, and exercise the
powers of, the Director of Central Intelligence during the
Director's absence or disability or during a vacancy in the
position of the Director of Central Intelligence.
"(2) The Deputy Director of Central Intelligence for the
Intelligence Community shall, subject to the direction of the
Director of Central Intelligence, be responsible for
coordinating the collection and analysis of intelligence by
the elements of the intelligence community other than the
Central Intelligence Agency, the Federal Bureau of
Investigation, and the elements of the intelligence community
within the Department of Defense.
"(3)(A) The Deputy Director of Central Intelligence for
the Central Intelligence Agency takes precedence in the
Office of the Director of Central Intelligence immediately
after the Director of Central Intelligence.
"(B) The Deputy Director of Central Intelligence for the
Intelligence Community takes precedence in the Office of the
Director of Central Intelligence immediately after the Deputy
Director of Central Intelligence for the Central Intelligence
Agency.".
(c) Conforming Amendment.--Subsection (e)(2) of that
section is amended by striking subparagraphs (B) and (C) and
inserting the following new subparagraphs:
"(B) The Deputy Director of Central Intelligence for the
Central Intelligence Agency.
"(C) The Deputy Director of Central Intelligence for the
Intelligence Community.".
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 103. MODIFICATION OF COMPOSITION AND RESPONSIBILITIES OF
NATIONAL INTELLIGENCE COUNCIL.
Subsection (b) of section 103 of the National Security Act
of 1947 (50 U.S.C. 403-3) is amended to read as follows:
"(b) National Intelligence Council.--(1) There is within
the Office of the Director of Central Intelligence the
National Intelligence Council (in this section referred to as
the `Council').
"(2) The Council shall be composed of the following:
"(A) The Director of Central Intelligence, who shall act
as chair of the Council.
"(B) The Director of the Federal Bureau of Investigation.
"(C) The Deputy Director of Central Intelligence for the
Intelligence Community.
"(D) The Deputy Director of Central Intelligence for the
Central Intelligence Agency.
"(E) The Assistant Secretary of Defense for Command,
Control, Communications, and Intelligence.
"(3)(A) The staff of the Council shall consist of the
following:
"(i) Such staff of the National Intelligence Council as of
the date of the enactment of the Intelligence Reform Act of
2001 as the Director of the Central Intelligence shall assign
to the Council.
"(ii) The Community Management Staff.
"(iii) Such other senior analysts within the intelligence
community, and substantive experts from the public sector or
private sector, as the Director shall appoint to the Council.
"(B) The Director shall prescribe appropriate security
requirements for staff appointed from the private sector as a
condition of service on the Council, or as contractors of the
Council or employees of such contractors, to ensure the
protection of intelligence sources and methods while
avoiding, wherever possible, unduly intrusive requirements
which the Director considers unnecessary for this purpose.
"(4) The Council shall have the following
responsibilities:
"(A) To develop a program to improve the human
intelligence capabilities of the Government, and in
particular the human intelligence capabilities with respect
to terrorism, including operational guidelines for activities
under the program.
"(B) To develop a program to improve the collection and
analysis by the Government of information on economic,
science, and technology matters, including the use of open
sources.
"(C) To carry out such other duties relating to the
intelligence and intelligence-related activities of the
Government as the Director considers appropriate.
"(5) The Director shall, on an annual basis, submit to
Congress a report on the program under paragraph (4)(A). Each
report shall include a description of activities under the
program during the preceding year. Each report shall be in
unclassified form, but may include a classified annex.".
SEC. 104. MODIFICATION OF PARTICIPATION OF DIRECTOR OF
CENTRAL INTELLIGENCE IN APPOINTMENT OF
OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED
ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C.
403-6) is amended to read as follows:
"appointment of officials responsible for intelligence-related
activities
"Sec. 106. (a) Consultation with DCI in Certain
Appointments.--In the event of a vacancy in a position
referred to in subsection (b), the head of the department or
agency having jurisdiction over the position shall consult
with the Director of Central Intelligence before appointing
an individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the vacancy.
"(b) Positions.--Subsection (a) applies to the following
positions:
"(1) The Director of the National Security Agency.
"(2) The Director of the National Reconnaissance Office.
"(3) The Director of the National Imagery and Mapping
Agency.
"(4) The Director of the Defense Intelligence Agency.
"(5) The Assistant Secretary of State for Intelligence and
Research.
"(6) The Director of the Office of Nonproliferation and
National Security of the Department of Energy.
"(7) The Assistant Director, National Security Division of
the Federal Bureau of Investigation.".
SEC. 105. ASSESSMENT OF EFFECTIVENESS OF CURRENT TECHNICAL
INTELLIGENCE CAPABILITIES.
(a) Requirement for Report.--Not later than one year after
the date of the enactment of this Act, the Director of
Central Intelligence shall submit to Congress a report
containing a comprehensive assessment of the effectiveness of
the current technological capabilities of the United States
Government for the collection and analysis of intelligence.
The assessment shall address, in particular, the collection
of intelligence in cyberspace and the effect of new or
emerging communications technologies on the collection and
analysis of intelligence.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
TITLE II--PROLIFERATION MATTERS
SEC. 201. COORDINATION FOR COMBATING PROLIFERATION.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by inserting after
section 101 the following new sections:
"national director for combatting proliferation
"Sec. 101A. (a) Establishment of Position.--There shall be
within the Executive Office of the President a Deputy
Assistant to the President for National Security Affairs who
shall be known as the `National Director for Combating
Proliferation' (in this section referred to as the `National
Director').
"(b) Responsibilities.--(1) The National Director shall--
"(A) advise the President and Vice President on
proliferation-related matters, through the Assistant to the
President for National Security Affairs; and
"(B) serve as Chair of the Council on Combating
Proliferation established under section 101B.
"(2) In carrying out paragraph (1)(B), the National
Director shall--
"(A) have the primary responsibility within the executive
branch of Government for ensuring the development of policy
with regard to proliferation and export controls;
"(B) development of a detailed plan for Federal agencies
to address the full range of proliferation-related issues and
activities, including integrated strategies for technology
development and acquisition, resource allocation, reducing
the threat from the independent states of the former Soviet
Union (as defined in section 3 of the FREEDOM Support Act),
intelligence collection and analysis, and domestic response;
"(C) work with the Director of the Office of Management
and Budget and the heads of other appropriate Federal
agencies in accordance with paragraph (4);
"(D) consult with Congress on the plan developed under
subparagraph (B); and
"(E) ensure that the requisite legal authorities are in
effect to act against proliferation-related threats.
"(3)(A) The Director of the Office of Management and
Budget shall establish a separate National Defense budget
subfunction for proliferation-related activities in the
President's budget.
"(B) The Director of the Office of Management and Budget,
working with the National Director and the head of each
proliferation-related agency, shall establish a Government-
wide database on budget execution of proliferation-related
activities and develop goals and standards to evaluate those
activities annually.
"(C) The head of each proliferation-related agency shall
designate a senior proliferation budget manager.
"(D) No funds made available under the budget subfunction
for proliferation-related activities may be reprogrammed or
transferred without the prior approval of the National
Director and the Director of the Office of Management and
Budget.
"(E) In this paragraph, the term `proliferation-related
agency' means any of the Federal agencies specified in
section 101B(b)(1)(A).
"(4) In carrying out responsibilities under this
subsection, the National Director shall work through the
Assistant to the President for National Security Affairs to
ensure coordination with overall national security policy and
planning.
[[Page S10427]]
"council on combatting proliferation
"Sec. 101B. (a) Establishment.--There is established an
interagency group to be known as the `Council on Combatting
Proliferation' (in this section referred to as the
`Council'), which shall be headed by the National Director
for Combating Proliferation.
"(b) Composition.--(1) In addition to the National
Director, the Council shall consist of 8 officials, as
follows:
"(A) Six officials described in paragraph (2), of which
number one each shall be designated by the heads of the
following Federal agencies from among its employees:
"(i) The Department of State.
"(ii) The Department of Defense.
"(iii) The Department of Energy.
"(iv) The Department of Justice.
"(v) The Department of Commerce.
"(vi) The Central Intelligence Agency.
"(B) One senior official of the Office of Management and
Budget.
"(C) One senior employee of the Office of the Vice
President.
"(2) Each individual designated under paragraph (1)(A)
shall be a senior official of the respective Federal agency
who has responsibility for proliferation-related matters and
who occupies a position or holds a rank to which the
individual was appointed by the President, by and with the
advice and consent of the Senate.
"(3) In addition to the membership of the Council provided
for in this subsection, the National Director may invite
other officials in the executive branch to participate in a
nonvoting capacity in meetings of the Council.
"(c) Functions.--The functions of the Council are to--
"(1) improve coordination between Federal agencies having
responsibility for proliferation-related matters;
"(2) ensure close coordination and consultation between
the National Director and those agencies; and
"(3) support the National Director in the development of a
government-wide plan for the development, acquisition, and
deployment of technology for combating proliferation by
coordinating technology requirements of individual agencies.
"(d) Staff Support.--The Council may employ and fix the
compensation of staff personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for staff personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title. In addition, upon request, the National
Security Council shall detail to the Council such staff
personnel as the Council may require.".
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by inserting after
the item relating to section 101 the following new items:
"Sec. 101A. National Director for Combating Proliferation.
"Sec. 101B. Council on Combating Proliferation.".
SEC. 202. ANNUAL CONSOLIDATED REPORT ON COUNTER-PROLIFERATION
ACTIVITIES OF THE UNITED STATES GOVERNMENT.
(a) Annual Report.--Beginning not later than 180 days after
the date of the enactment of this Act, and annually
thereafter, the President shall submit to Congress a
consolidated report updating (since submission of the last
report under this section or, in the case of the initial
report, since the last relevant report to Congress) the
nature of the threat of the proliferation of weapons of mass
destruction and evaluating the progress achieved by the
United States in responding to that threat.
(b) Report Elements.--Each report under subsection (a)
shall include the following:
(1) An update on nuclear proliferation in South Asia,
including United States efforts to conclude a regional
agreement on nuclear nonproliferation.
(2) An assessment of what actions are necessary to respond
to violations committed by countries found not to be in full
compliance with their binding proliferation-related
commitments to the United States.
(3) An update on the nuclear programs and related
activities of any country for which a waiver of sections 669
and 670 of the Foreign Assistance Act of 1961 is in effect.
(4) An update on the efforts by countries and sub-national
groups to acquire chemical and biological weapons, and a
description of the use of such weapons, if applicable.
(5) A description of any transfer by a foreign country of
weapons of mass destruction or weapons of mass destruction-
related material and technology.
(6) An update on efforts by the United States to achieve
several specific nuclear proliferation-related goals,
including the entry by the United States into multilateral
negotiations with other nuclear states to reduce the nuclear
arsenals of all foreign countries.
(7) An update on the acquisition by foreign countries of
dual-use and other technology useful for the production of
weapons of mass destruction.
(8) A description of the threats posed to the United States
and its allies by weapons of mass destruction, including
ballistic and cruise missiles, and the proliferation of such
weapons.
(9) A description of the status of United States policy and
actions with respect to arms control, nonproliferation, and
disarmament.
(10) A review of all activities of United States
departments and agencies relating to preventing nuclear
proliferation.
(11) A requirement that the Department of Defense, the
Department of State, the Department of Justice, the
Department of Commerce, and the Department of Energy keep the
congressional committees having oversight responsibilities
for the respective department fully and currently informed
about the nuclear proliferation-related activities of such
department.
(12) A description of the efforts to support international
nonproliferation activities.
(13) An update on counterproliferation activities and
programs.
(14) A description of the activities carried out in support
of counterproliferation programs.
(c) Repeals.--The following provisions of law are hereby
repealed:
(1) Section 620F(c) of the Foreign Assistance Act of 1961.
(2) Section 51(c) of the Arms Control and Disarmament Act.
(3) Section 735 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113).
(4) Section 308(a) of the Chemical and Biological Weapons
Control and Warfare Elimination Act of 1991 (Public Law 102-
182).
(5) Section 1097(a) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102-190).
(6) Section 1321(c) of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484).
(7) Section 721(a) of the Combatting Proliferation of
Weapons of Mass Destruction Act of 1996 (Public Law 104-293).
(8) Section 284 of the National Defense Authorization Act
For Fiscal Year 1998; Public Law 105-85).
(9) Section 51(a) of the Arms Control and Disarmament Act.
(10) Section 601(a) of the Nuclear Non-Proliferation Act of
1978.
(11) Section 602(c) of the Nuclear Non-Proliferation Act of
1978 (Public Law 95-242).
(12) Section 1505(e)(1) of the Weapons of Mass Destruction
Act of 1992 (Public Law 102-484).
(13) Section 1503 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337).
(14) Section 1603(d) of the National Defense Authorization
Act For Fiscal Year 1994 (Public Law 103-160).
TITLE III--OTHER MATTERS
SEC. 301. GRADUATE PROGRAM IN LANGUAGES AND CULTURES OF
NATIONS PROVIDING HOME OR SUPPORT FOR TERRORISM
OR ORGANIZED CRIME.
(a) In General.--The Secretary of Homeland Security and the
Director of the Federal Bureau of Investigation shall jointly
enter into an agreement with one or more appropriate
institutions of higher education to provide for one or more
programs of education leading to the award to individuals
referred to in subsection (b) of masters degrees or doctoral
degrees in the languages, culture, or both of foreign
countries that provide the home for or otherwise support
terrorism or organized crime.
(b) Individuals Eligible for Participation in Programs.--
Individuals eligible to participate in a program of education
under subsection (a) are as follows:
(1) Personnel of the Department of Homeland Security
designated by the Secretary.
(2) Personnel of the Federal Bureau of Investigation
designated by the Director.
(3) Such other personnel of the Federal Government as the
Secretary and Director shall jointly designate.
(c) Foreign Countries.--The Secretary and Director shall
jointly specify the foreign countries to be covered by the
program or programs of education under this section.
(d) Additional Requirements.--The Secretary and Director
may, in consultation with the institution of higher education
concerned, establish such additional requirements for the
award of a degree for a program of education under this
section as the Secretary and the Director jointly consider
appropriate.
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