[House Report 108-796]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-796
======================================================================
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
_______
December 7, 2004.--Ordered to be printed
_______
Mr. Hoekstra, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S. 2845]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
2845), to reform the intelligence community and the
intelligence and intelligence-related activities of the United
States Government, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Reform and Terrorism Prevention Act of 2004''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A--Establishment of Director of National Intelligence
Sec. 1011. Reorganization and improvement of management of intelligence
community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between
Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of
certain officials responsible for intelligence-related
activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence
community.
Sec. 1018. Presidential guidelines on implementation and preservation of
authorities.
Sec. 1019. Assignment of responsibilities relating to analytic
integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.
Subtitle B--National Counterterrorism Center, National Counter
Proliferation Center, and National Intelligence Centers
Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Education for the Intelligence Community
Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.
Subtitle E--Additional Improvements of Intelligence Activities
Sec. 1051. Service and national laboratories and the intelligence
community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.
Subtitle F--Privacy and Civil Liberties
Sec. 1061. Privacy and Civil Liberties Oversight Board.
Sec. 1062. Sense of Congress on designation of privacy and civil
liberties officers.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of Director of
National Intelligence and Director of the Central Intelligence
Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security
Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of
the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of
the Director of National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National
Intelligence to acquire and manage property and services.
Sec. 1081. General references.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.
Sec. 1093. Termination of positions of Assistant Directors of Central
Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Director of National Intelligence report on implementation of
intelligence community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education school
selection rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest
Declassification Board.
Sec. 1103. Severability.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
Sec. 2001. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of
Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.
TITLE III--SECURITY CLEARANCES
Sec. 3001. Security clearances.
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
Sec. 4001. National Strategy for Transportation Security.
Subtitle B--Aviation Security
Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport
screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of
Federal air marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.
Sec. 4026. Man-Portable Air Defense Systems (MANPADs).
Sec. 4027. Technical corrections.
Sec. 4028. Report on secondary flight deck barriers.
Sec. 4029. Extension of authorization of aviation security funding.
Subtitle C--Air Cargo Security
Sec. 4051. Pilot program to evaluate use of blast resistant cargo and
baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.
Subtitle D--Maritime Security
Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and
assessments.
Subtitle E--General Provisions
Sec. 4081. Definitions.
Sec. 4082. Effective date.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
Sec. 5101. Establishment.
Sec. 5102. Program requirements.
Sec. 5103. Administrative provisions.
Sec. 5104. Report.
Sec. 5105. Authorization of appropriations.
Subtitle B--Border and Immigration Enforcement
Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement
investigators.
Sec. 5204. Increase in detention bed space.
Subtitle C--Visa Requirements
Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.
Sec. 5303. Effective date.
Sec. 5304. Revocation of visas and other travel documentation.
Subtitle D--Immigration Reform
Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type
training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
Sec. 5501. Inadmissibility and deportability of aliens who have
committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government
officials who have committed particularly severe violations of
religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who have committed
acts of torture, extrajudicial killings, or severe violations
of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the
Foreign Intelligence Surveillance Act of 1978.
Subtitle B--Money Laundering and Terrorist Financing
Sec. 6101. Additional authorization for finCEN.
Sec. 6102. Money laundering and financial crimes strategy
reauthorization.
Subtitle C--Money Laundering Abatement and Financial Antiterrorism
Technical Corrections
Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107-56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.
Subtitle D--Additional Enforcement Tools
Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.
Subtitle E--Criminal History Background Checks
Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private
security officer employment.
Sec. 6403. Criminal history background checks.
Subtitle F--Grand Jury Information Sharing
Sec. 6501. Grand jury information sharing.
Subtitle G--Providing Material Support to Terrorism
Sec. 6601. Short title.
Sec. 6602. Receiving military-type training from a foreign terrorist
organization.
Sec. 6603. Additions to offense of providing material support to
terrorism.
Sec. 6604. Financing of terrorism.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 6701. Short title.
Sec. 6702. Hoaxes and recovery costs.
Sec. 6703. Obstruction of justice and false statements in terrorism
cases.
Sec. 6704. Clarification of definition.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of
2004
Sec. 6801. Short title.
Sec. 6802. Weapons of mass destruction.
Sec. 6803. Participation in nuclear and weapons of mass destruction
threats to the United States.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of
2004
Sec. 6901. Short title.
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United
States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United
States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.
Subtitle K--Pretrial Detention of Terrorists
Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving
terrorism.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 7001. Short title.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
Sec. 7101. Findings.
Sec. 7102. Terrorist sanctuaries.
Sec. 7103. United States commitment to the future of Pakistan.
Sec. 7104. Assistance for Afghanistan.
Sec. 7105. The relationship between the United States and Saudi Arabia.
Sec. 7106. Efforts to combat Islamist terrorism.
Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.
Sec. 7109. Public diplomacy responsibilities of the Department of State.
Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international
organizations.
Sec. 7112. Expansion of United States scholarship and exchange programs
in the Islamic world.
Sec. 7112. Pilot program to provide grants to American-sponsored schools
in predominantly Muslim countries to provide scholarships.
Sec. 7113. International Youth Opportunity Fund.
Sec. 7114. The use of economic policies to combat terrorism.
Sec. 7115. Middle East partnership initiative.
Sec. 7116. Comprehensive coalition strategy for fighting terrorism.
Sec. 7117. Financing of terrorism.
Sec. 7118. Designation of foreign terrorist organizations.
Sec. 7119. Report to Congress.
Sec. 7120. Case-Zablocki Act requirements.
Sec. 7121. Effective date.
Subtitle B--Terrorist Travel and Effective Screening
Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.
Sec. 7203. Responsibilities and functions of consular officers.
Sec. 7204. International agreements to track and curtail terrorist
travel through the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration of names into the
Roman alphabet for international travel documents and name-
based watchlist systems.
Sec. 7206. Immigration security initiative.
Sec. 7207. Certification regarding technology for visa waiver
participants.
Sec. 7208. Biometric entry and exit data system.
Sec. 7209. Travel documents.
Sec. 7210. Exchange of terrorist information and increased preinspection
at foreign airports.
Sec. 7211. Minimum standards for birth certificates.
Sec. 7212. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers
on driver's licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.
Sec. 7216. Increase in penalties for fraud and related activity.
Sec. 7217. Study on allegedly lost or stolen passports.
Sec. 7218. Establishment of visa and passport security program in the
Department of State.
Sec. 7219. Effective date.
Sec. 7220. Identification standards.
Subtitle C--National Preparedness
Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.
Sec. 7303. Enhancement of public safety communications interoperability.
Sec. 7304. Regional model strategic plan pilot projects.
Sec. 7305. Private sector preparedness.
Sec. 7306. Critical infrastructure and readiness assessments.
Sec. 7307. Northern command and defense of the United States homeland.
Sec. 7308. Effective date.
Subtitle D--Homeland Security
Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.
Sec. 7403. Study regarding nationwide emergency notification system.
Sec. 7404. Pilot study to move warning systems into the modern digital
age.
Sec. 7405. Required coordination.
Sec. 7406. Emergency preparedness compacts.
Sec. 7407. Responsibilities of counternarcotics office.
Sec. 7408. Use of counternarcotics enforcement activities in certain
employee performance appraisals.
Subtitle E--Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.
Subtitle F--Presidential Transition
Sec. 7601. Presidential transition.
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
Sec. 7701. Improving international standards and cooperation to fight
terrorist financing.
Sec. 7702. Definitions.
Sec. 7703. Expanded reporting and testimony requirements for the
Secretary of the Treasury.
Sec. 7704. Coordination of United States Government efforts.
Subtitle H--Emergency Financial Preparedness
Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness
and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
Sec. 8101. Intelligence community use of National Infrastructure
Simulation and Analysis Center.
Subtitle B--Department of Homeland Security Matters
Sec. 8201. Homeland security geospatial information.
Subtitle C--Homeland Security Civil Rights and Civil Liberties
Protection
Sec. 8301. Short title.
Sec. 8302. Mission of Department of Homeland Security.
Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of
Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of
Homeland Security.
Subtitle D--Other Matters
Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency
planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets
for suspended air passenger service.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``National Security
Intelligence Reform Act of 2004''.
Subtitle A--Establishment of Director of National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE
COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by striking sections
102 through 104 and inserting the following new sections:
``DIRECTOR OF NATIONAL INTELLIGENCE
``Sec. 102. (a) Director of National Intelligence.--(1)
There is a Director of National Intelligence who shall be
appointed by the President, by and with the advice and consent
of the Senate. Any individual nominated for appointment as
Director of National Intelligence shall have extensive national
security expertise.
``(2) The Director of National Intelligence shall not be
located within the Executive Office of the President.
``(b) Principal Responsibility.--Subject to the authority,
direction, and control of the President, the Director of
National Intelligence shall--
``(1) serve as head of the intelligence community;
``(2) act as the principal adviser to the
President, to the National Security Council, and the
Homeland Security Council for intelligence matters
related to the national security; and
``(3) consistent with section 1018 of the National
Security Intelligence Reform Act of 2004, oversee and
direct the implementation of the National Intelligence
Program.
``(c) Prohibition on Dual Service.--The individual serving
in the position of Director of National Intelligence shall not,
while so serving, also serve as the Director of the Central
Intelligence Agency or as the head of any other element of the
intelligence community.
``RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
``Sec. 102A. (a) Provision of Intelligence.--(1) The
Director of National Intelligence shall be responsible for
ensuring that national intelligence is provided--
``(A) to the President;
``(B) to the heads of departments and agencies of
the executive branch;
``(C) to the Chairman of the Joint Chiefs of Staff
and senior military commanders;
``(D) to the Senate and House of Representatives
and the committees thereof; and
``(E) to such other persons as the Director of
National Intelligence determines to be appropriate.
``(2) Such national intelligence should be timely,
objective, independent of political considerations, and based
upon all sources available to the intelligence community and
other appropriate entities.
``(b) Access to Intelligence.--Unless otherwise directed by
the President, the Director of National Intelligence shall have
access to all national intelligence and intelligence related to
the national security which is collected by any Federal
department, agency, or other entity, except as otherwise
provided by law or, as appropriate, under guidelines agreed
upon by the Attorney General and the Director of National
Intelligence.
``(c) Budget Authorities.--(1) With respect to budget
requests and appropriations for the National Intelligence
Program, the Director of National Intelligence shall--
``(A) based on intelligence priorities set by the
President, provide to the heads of departments
containing agencies or organizations within the
intelligence community, and to the heads of such
agencies and organizations, guidance for developing the
National Intelligence Program budget pertaining to such
agencies and organizations;
``(B) based on budget proposals provided to the
Director of National Intelligence by the heads of
agencies and organizations within the intelligence
community and the heads of their respective departments
and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence
Program budget; and
``(C) present such consolidated National
Intelligence Program budget, together with any comments
from the heads of departments containing agencies or
organizations within the intelligence community, to the
President for approval.
``(2) In addition to the information provided under
paragraph (1)(B), the heads of agencies and organizations
within the intelligence community shall provide the Director of
National Intelligence such other information as the Director
shall request for the purpose of determining the annual
consolidated National Intelligence Program budget under that
paragraph.
``(3)(A) The Director of National Intelligence shall
participate in the development by the Secretary of Defense of
the annual budgets for the Joint Military Intelligence Program
and for Tactical Intelligence and Related Activities.
``(B) The Director of National Intelligence shall provide
guidance for the development of the annual budget for each
element of the intelligence community that is not within the
National Intelligence Program.
``(4) The Director of National Intelligence shall ensure
the effective execution of the annual budget for intelligence
and intelligence-related activities.
``(5)(A) The Director of National Intelligence shall be
responsible for managing appropriations for the National
Intelligence Program by directing the allotment or allocation
of such appropriations through the heads of the departments
containing agencies or organizations within the intelligence
community and the Director of the Central Intelligence Agency,
with prior notice (including the provision of appropriate
supporting information) to the head of the department
containing an agency or organization receiving any such
allocation or allotment or the Director of the Central
Intelligence Agency.
``(B) Notwithstanding any other provision of law, pursuant
to relevant appropriations Acts for the National Intelligence
Program, the Director of the Office of Management and Budget
shall exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of National Intelligence, for
allocation to the elements of the intelligence community
through the relevant host executive departments and the Central
Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or
transfer funds appropriated for the National Intelligence
Program in an expeditious manner.
``(C) The Director of National Intelligence shall monitor
the implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part of
the National Intelligence Program, which may include audits and
evaluations.
``(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of
title 31, United States Code, and the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
``(7)(A) The Director of National Intelligence shall
provide a semi-annual report, beginning April 1, 2005, and
ending April 1, 2007, to the President and the Congress
regarding implementation of this section.
``(B) The Director of National Intelligence shall report to
the President and the Congress not later than 15 days after
learning of any instance in which a departmental comptroller
acts in a manner inconsistent with the law (including permanent
statutes, authorization Acts, and appropriations Acts), or the
direction of the Director of National Intelligence, in carrying
out the National Intelligence Program.
``(d) Role of Director of National Intelligence in Transfer
and Reprogramming of Funds.--(1)(A) No funds made available
under the National Intelligence Program may be transferred or
reprogrammed without the prior approval of the Director of
National Intelligence, except in accordance with procedures
prescribed by the Director of National Intelligence.
``(B) The Secretary of Defense shall consult with the
Director of National Intelligence before transferring or
reprogramming funds made available under the Joint Military
Intelligence Program.
``(2) Subject to the succeeding provisions of this
subsection, the Director of National Intelligence may transfer
or reprogram funds appropriated for a program within the
National Intelligence Program to another such program.
``(3) The Director of National Intelligence may only
transfer or reprogram funds referred to in subparagraph (A)--
``(A) with the approval of the Director of the
Office of Management and Budget; and
``(B) after consultation with the heads of
departments containing agencies or organizations within
the intelligence community to the extent such agencies
or organizations are affected, and, in the case of the
Central Intelligence Agency, after consultation with
the Director of the Central Intelligence Agency.
``(4) The amounts available for transfer or reprogramming
in the National Intelligence Program in any given fiscal year,
and the terms and conditions governing such transfers and
reprogrammings, are subject to the provisions of annual
appropriations Acts and this subsection.
``(5)(A) A transfer or reprogramming of funds or personnel
may be made under this subsection only if--
``(i) the funds are being transferred to an
activity that is a higher priority intelligence
activity;
``(ii) the transfer or reprogramming supports an
emergent need, improves program effectiveness, or
increases efficiency;
``(iii) the transfer or reprogramming does not
involve a transfer or reprogramming of funds to a
Reserve for Contingencies of the Director of National
Intelligence or the Reserve for Contingencies of the
Central Intelligence Agency;
``(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of
any department or agency, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
``(I) that is less than $150,000,000, and
``(II) that is less than 5 percent of
amounts available to a department or agency
under the National Intelligence Program; and
``(v) the transfer or reprogramming does not
terminate an acquisition program.
``(B) A transfer or reprogramming may be made without
regard to a limitation set forth in clause (iv) or (v) of
subparagraph (A) if the transfer has the concurrence of the
head of the department involved or the Director of the Central
Intelligence Agency (in the case of the Central Intelligence
Agency). The authority to provide such concurrence may only be
delegated by the head of the department or agency involved to
the deputy of such officer.
``(6) Funds transferred or reprogrammed under this
subsection shall remain available for the same period as the
appropriations account to which transferred or reprogrammed.
``(7) Any transfer or reprogramming of funds under this
subsection shall be carried out in accordance with existing
procedures applicable to reprogramming notifications for the
appropriate congressional committees. Any proposed transfer or
reprogramming for which notice is given to the appropriate
congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer or reprogramming
and how it satisfies the requirements of this subsection. In
addition, the congressional intelligence committees shall be
promptly notified of any transfer or reprogramming of funds
made pursuant to this subsection in any case in which the
transfer or reprogramming would not have otherwise required
reprogramming notification under procedures in effect as of the
date of the enactment of this subsection.
``(e) Transfer of Personnel.--(1)(A) In addition to any
other authorities available under law for such purposes, in the
first twelve months after establishment of a new national
intelligence center, the Director of National Intelligence,
with the approval of the Director of the Office of Management
and Budget and in consultation with the congressional
committees of jurisdiction referred to in subparagraph (B), may
transfer not more than 100 personnel authorized for elements of
the intelligence community to such center.
``(B) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
``(i) the congressional intelligence committees;
``(ii) the Committees on Appropriations of the
Senate and the House of Representatives;
``(iii) in the case of the transfer of personnel to
or from the Department of Defense, the Committees on
Armed Services of the Senate and the House of
Representatives; and
``(iv) in the case of the transfer of personnel to
or from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
``(C) The Director shall include in any notice under
subparagraph (B) an explanation of the nature of the transfer
and how it satisfies the requirements of this subsection.
``(2)(A) The Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget
and in accordance with procedures to be developed by the
Director of National Intelligence and the heads of the
departments and agencies concerned, may transfer personnel
authorized for an element of the intelligence community to
another such element for a period of not more than 2 years.
``(B) A transfer of personnel may be made under this
paragraph only if--
``(i) the personnel are being transferred to an
activity that is a higher priority intelligence
activity; and
``(ii) the transfer supports an emergent need,
improves program effectiveness, or increases
efficiency.
``(C) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
``(i) the congressional intelligence committees;
``(ii) in the case of the transfer of personnel to
or from the Department of Defense, the Committees on
Armed Services of the Senate and the House of
Representatives; and
``(iii) in the case of the transfer of personnel to
or from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
``(D) The Director shall include in any notice under
subparagraph (C) an explanation of the nature of the transfer
and how it satisfies the requirements of this paragraph.
``(3) It is the sense of Congress that--
``(A) the nature of the national security threats
facing the United States will continue to challenge the
intelligence community to respond rapidly and flexibly
to bring analytic resources to bear against emerging
and unforeseen requirements;
``(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be
necessary should be fully and properly supported with
appropriate levels of personnel resources and that the
President's yearly budget requests adequately support
those needs; and
``(C) the President should utilize all legal and
administrative discretion to ensure that the Director
of National Intelligence and all other elements of the
intelligence community have the necessary resources and
procedures to respond promptly and effectively to
emerging and unforeseen national security challenges.
``(f) Tasking and Other Authorities.--(1)(A) The Director
of National Intelligence shall--
``(i) establish objectives, priorities, and
guidance for the intelligence community to ensure
timely and effective collection, processing, analysis,
and dissemination (including access by users to
collected data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection
(b) and analytic products generated by or within the
intelligence community) of national intelligence;
``(ii) determine requirements and priorities for,
and manage and direct the tasking of, collection,
analysis, production, and dissemination of national
intelligence by elements of the intelligence community,
including--
``(I) approving requirements (including
those requirements responding to needs provided
by consumers) for collection and analysis; and
``(II) resolving conflicts in collection
requirements and in the tasking of national
collection assets of the elements of the
intelligence community; and
``(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within
the National Intelligence Program.
``(B) The authority of the Director of National
Intelligence under subparagraph (A) shall not apply--
``(i) insofar as the President so directs;
``(ii) with respect to clause (ii) of subparagraph
(A), insofar as the Secretary of Defense exercises
tasking authority under plans or arrangements agreed
upon by the Secretary of Defense and the Director of
National Intelligence; or
``(iii) to the direct dissemination of information
to State government and local government officials and
private sector entities pursuant to sections 201 and
892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
482).
``(2) The Director of National Intelligence shall oversee
the National Counterterrorism Center and may establish such
other national intelligence centers as the Director determines
necessary.
``(3)(A) The Director of National Intelligence shall
prescribe, in consultation with the heads of other agencies or
elements of the intelligence community, and the heads of their
respective departments, personnel policies and programs
applicable to the intelligence community that--
``(i) encourage and facilitate assignments and
details of personnel to national intelligence centers,
and between elements of the intelligence community;
``(ii) set standards for education, training, and
career development of personnel of the intelligence
community;
``(iii) encourage and facilitate the recruitment
and retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
``(iv) ensure that the personnel of the
intelligence community are sufficiently diverse for
purposes of the collection and analysis of intelligence
through the recruitment and training of women,
minorities, and individuals with diverse ethnic,
cultural, and linguistic backgrounds;
``(v) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the
Director shall specify; and
``(vi) ensure the effective management of
intelligence community personnel who are responsible
for intelligence community-wide matters.
``(B) Policies prescribed under subparagraph (A) shall not
be inconsistent with the personnel policies otherwise
applicable to members of the uniformed services.
``(4) The Director of National Intelligence shall ensure
compliance with the Constitution and laws of the United States
by the Central Intelligence Agency and shall ensure such
compliance by other elements of the intelligence community
through the host executive departments that manage the programs
and activities that are part of the National Intelligence
Program.
``(5) The Director of National Intelligence shall ensure
the elimination of waste and unnecessary duplication within the
intelligence community.
``(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence
information to be collected under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide
assistance to the Attorney General to ensure that information
derived from electronic surveillance or physical searches under
that Act is disseminated so it may be used efficiently and
effectively for national intelligence purposes, except that the
Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant
to that Act unless authorized by statute or Executive order.
``(7) The Director of National Intelligence shall perform
such other functions as the President may direct.
``(8) Nothing in this title shall be construed as affecting
the role of the Department of Justice or the Attorney General
under the Foreign Intelligence Surveillance Act of 1978.
``(g) Intelligence Information Sharing.--(1) The Director
of National Intelligence shall have principal authority to
ensure maximum availability of and access to intelligence
information within the intelligence community consistent with
national security requirements. The Director of National
Intelligence shall--
``(A) establish uniform security standards and
procedures;
``(B) establish common information technology
standards, protocols, and interfaces;
``(C) ensure development of information technology
systems that include multi-level security and
intelligence integration capabilities;
``(D) establish policies and procedures to resolve
conflicts between the need to share intelligence
information and the need to protect intelligence
sources and methods;
``(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the
intelligence community comply with such architecture;
and
``(F) have procurement approval authority over all
enterprise architecture-related information technology
items funded in the National Intelligence Program.
``(2) The President shall ensure that the Director of
National Intelligence has all necessary support and authorities
to fully and effectively implement paragraph (1).
``(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department or
agency in question, a Federal agency or official shall not be
considered to have met any obligation to provide any
information, report, assessment, or other material (including
unevaluated intelligence information) to that department or
agency solely by virtue of having provided that information,
report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
``(4) Not later than February 1 of each year, the Director
of National Intelligence shall submit to the President and to
the Congress an annual report that identifies any statute,
regulation, policy, or practice that the Director believes
impedes the ability of the Director to fully and effectively
implement paragraph (1).
``(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national
security needs, the Director of National Intelligence shall--
``(1) implement policies and procedures--
``(A) to encourage sound analytic methods
and tradecraft throughout the elements of the
intelligence community;
``(B) to ensure that analysis is based upon
all sources available; and
``(C) to ensure that the elements of the
intelligence community regularly conduct
competitive analysis of analytic products,
whether such products are produced by or
disseminated to such elements;
``(2) ensure that resource allocation for
intelligence analysis is appropriately proportional to
resource allocation for intelligence collection systems
and operations in order to maximize analysis of all
collected data;
``(3) ensure that differences in analytic judgment
are fully considered and brought to the attention of
policymakers; and
``(4) ensure that sufficient relationships are
established between intelligence collectors and
analysts to facilitate greater understanding of the
needs of analysts.
``(i) Protection of Intelligence Sources and Methods.--(1)
The Director of National Intelligence shall protect
intelligence sources and methods from unauthorized disclosure.
``(2) Consistent with paragraph (1), in order to maximize
the dissemination of intelligence, the Director of National
Intelligence shall establish and implement guidelines for the
intelligence community for the following purposes:
``(A) Classification of information under
applicable law, Executive orders, or other Presidential
directives.
``(B) Access to and dissemination of intelligence,
both in final form and in the form when initially
gathered.
``(C) Preparation of intelligence products in such
a way that source information is removed to allow for
dissemination at the lowest level of classification
possible or in unclassified form to the extent
practicable.
``(3) The Director may only delegate a duty or authority
given the Director under this subsection to the Principal
Deputy Director of National Intelligence.
``(j) Uniform Procedures for Sensitive Compartmented
Information.--The Director of National Intelligence, subject to
the direction of the President, shall--
``(1) establish uniform standards and procedures
for the grant of access to sensitive compartmented
information to any officer or employee of any agency or
department of the United States and to employees of
contractors of those agencies or departments;
``(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
``(3) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by those
agencies; and
``(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security.
``(k) Coordination With Foreign Governments.--Under the
direction of the President and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927), the Director of National Intelligence shall oversee the
coordination of the relationships between elements of the
intelligence community and the intelligence or security
services of foreign governments or international organizations
on all matters involving intelligence related to the national
security or involving intelligence acquired through clandestine
means.
``(l) Enhanced Personnel Management.--(1)(A) The Director
of National Intelligence shall, under regulations prescribed by
the Director, provide incentives for personnel of elements of
the intelligence community to serve--
``(i) on the staff of the Director of National
Intelligence;
``(ii) on the staff of the national intelligence
centers;
``(iii) on the staff of the National
Counterterrorism Center; and
``(iv) in other positions in support of the
intelligence community management functions of the
Director.
``(B) Incentives under subparagraph (A) may include
financial incentives, bonuses, and such other awards and
incentives as the Director considers appropriate.
``(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are
assigned or detailed under paragraph (1)(A) to service under
the Director of National Intelligence shall be promoted at
rates equivalent to or better than personnel of such element
who are not so assigned or detailed.
``(B) The Director may prescribe regulations to carry out
this section.
``(3)(A) The Director of National Intelligence shall
prescribe mechanisms to facilitate the rotation of personnel of
the intelligence community through various elements of the
intelligence community in the course of their careers in order
to facilitate the widest possible understanding by such
personnel of the variety of intelligence requirements, methods,
users, and capabilities.
``(B) The mechanisms prescribed under subparagraph (A) may
include the following:
``(i) The establishment of special occupational
categories involving service, over the course of a
career, in more than one element of the intelligence
community.
``(ii) The provision of rewards for service in
positions undertaking analysis and planning of
operations involving two or more elements of the
intelligence community.
``(iii) The establishment of requirements for
education, training, service, and evaluation for
service involving more than one element of the
intelligence community.
``(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate for civilian personnel within the
intelligence community the joint officer management policies
established by chapter 38 of title 10, United States Code, and
the other amendments made by title IV of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
``(4)(A) Except as provided in subparagraph (B) and
subparagraph (D), this subsection shall not apply with respect
to personnel of the elements of the intelligence community who
are members of the uniformed services.
``(B) Mechanisms that establish requirements for education
and training pursuant to paragraph (3)(B)(iii) may apply with
respect to members of the uniformed services who are assigned
to an element of the intelligence community funded through the
National Intelligence Program, but such mechanisms shall not be
inconsistent with personnel policies and education and training
requirements otherwise applicable to members of the uniformed
services.
``(C) The personnel policies and programs developed and
implemented under this subsection with respect to law
enforcement officers (as that term is defined in section
5541(3) of title 5, United States Code) shall not affect the
ability of law enforcement entities to conduct operations or,
through the applicable chain of command, to control the
activities of such law enforcement officers.
``(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the joint
officer management policies prescribed by chapter 38 of title
10, United States Code, and other provisions of that title.
``(m) Additional Authority With Respect to Personnel.--(1)
In addition to the authorities under subsection (f)(3), the
Director of National Intelligence may exercise with respect to
the personnel of the Office of the Director of National
Intelligence any authority of the Director of the Central
Intelligence Agency with respect to the personnel of the
Central Intelligence Agency under the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment
of this subsection to the same extent, and subject to the same
conditions and limitations, that the Director of the Central
Intelligence Agency may exercise such authority with respect to
personnel of the Central Intelligence Agency.
``(2) Employees and applicants for employment of the Office
of the Director of National Intelligence shall have the same
rights and protections under the Office of the Director of
National Intelligence as employees of the Central Intelligence
Agency have under the Central Intelligence Agency Act of 1949,
and other applicable provisions of law, as of the date of the
enactment of this subsection.
``(n) Acquisition Authorities.--(1) In carrying out the
responsibilities and authorities under this section, the
Director of National Intelligence may exercise the acquisition
and appropriations authorities referred to in the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other
than the authorities referred to in section 8(b) of that Act
(50 U.S.C. 403j(b)).
``(2) For the purpose of the exercise of any authority
referred to in paragraph (1), a reference to the head of an
agency shall be deemed to be a reference to the Director of
National Intelligence or the Principal Deputy Director of
National Intelligence.
``(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
``(B) Except as provided in subparagraph (C), the Director
of National Intelligence or the Principal Deputy Director of
National Intelligence may, in such official's discretion,
delegate to any officer or other official of the Office of the
Director of National Intelligence any authority to make a
determination or decision as the head of the agency under an
authority referred to in paragraph (1).
``(C) The limitations and conditions set forth in section
3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403c(d)) shall apply to the exercise by the Director of
National Intelligence of an authority referred to in paragraph
(1).
``(D) Each determination or decision required by an
authority referred to in the second sentence of section 3(d) of
the Central Intelligence Agency Act of 1949 shall be based upon
written findings made by the official making such determination
or decision, which findings shall be final and shall be
available within the Office of the Director of National
Intelligence for a period of at least six years following the
date of such determination or decision.
``(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities
under this section, the Director of National Intelligence shall
take into account the views of a head of a department
containing an element of the intelligence community and of the
Director of the Central Intelligence Agency.
``(p) Responsibility of Director of National Intelligence
Regarding National Intelligence Program Budget Concerning the
Department of Defense.--Subject to the direction of the
President, the Director of National Intelligence shall, after
consultation with the Secretary of Defense, ensure that the
National Intelligence Program budgets for the elements of the
intelligence community that are within the Department of
Defense are adequate to satisfy the national intelligence needs
of the Department of Defense, including the needs of the
Chairman of the Joint Chiefs of Staff and the commanders of the
unified and specified commands, and wherever such elements are
performing Government-wide functions, the needs of other
Federal departments and agencies.
``(q) Acquisitions of Major Systems.--(1) For each
intelligence program within the National Intelligence Program
for the acquisition of a major system, the Director of National
Intelligence shall--
``(A) require the development and implementation of
a program management plan that includes cost, schedule,
and performance goals and program milestone criteria,
except that with respect to Department of Defense
programs the Director shall consult with the Secretary
of Defense;
``(B) serve as exclusive milestone decision
authority, except that with respect to Department of
Defense programs the Director shall serve as milestone
decision authority jointly with the Secretary of
Defense or the designee of the Secretary; and
``(C) periodically--
``(i) review and assess the progress made
toward the achievement of the goals and
milestones established in such plan; and
``(ii) submit to Congress a report on the
results of such review and assessment.
``(2) If the Director of National Intelligence and the
Secretary of Defense are unable to reach an agreement on a
milestone decision under paragraph (1)(B), the President shall
resolve the conflict.
``(3) Nothing in this subsection may be construed to limit
the authority of the Director of National Intelligence to
delegate to any other official any authority to perform the
responsibilities of the Director under this subsection.
``(4) In this subsection:
``(A) The term `intelligence program', with respect
to the acquisition of a major system, means a program
that--
``(i) is carried out to acquire such major
system for an element of the intelligence
community; and
``(ii) is funded in whole out of amounts
available for the National Intelligence
Program.
``(B) The term `major system' has the meaning given
such term in section 4(9) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 403(9)).
``(r) Performance of Common Services.--The Director of
National Intelligence shall, in consultation with the heads of
departments and agencies of the United States Government
containing elements within the intelligence community and with
the Director of the Central Intelligence Agency, coordinate the
performance by the elements of the intelligence community
within the National Intelligence Program of such services as
are of common concern to the intelligence community, which
services the Director of National Intelligence determines can
be more efficiently accomplished in a consolidated manner.
``OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
``Sec. 103. (a) Office of Director of National
Intelligence.--There is an Office of the Director of National
Intelligence.
``(b) Function.--The function of the Office of the Director
of National Intelligence is to assist the Director of National
Intelligence in carrying out the duties and responsibilities of
the Director under this Act, the National Security Act of 1947
(50 U.S.C. 401 et seq.), and other applicable provisions of
law, and to carry out such other duties as may be prescribed by
the President or by law.
``(c) Composition.--The Office of the Director of National
Intelligence is composed of the following:
``(1) The Director of National Intelligence.
``(2) The Principal Deputy Director of National
Intelligence.
``(3) Any Deputy Director of National Intelligence
appointed under section 103A.
``(4) The National Intelligence Council.
``(5) The General Counsel.
``(6) The Civil Liberties Protection Officer.
``(7) The Director of Science and Technology.
``(8) The National Counterintelligence Executive
(including the Office of the National
Counterintelligence Executive).
``(9) Such other offices and officials as may be
established by law or the Director may establish or
designate in the Office, including national
intelligence centers.
``(d) Staff.--(1) To assist the Director of National
Intelligence in fulfilling the duties and responsibilities of
the Director, the Director shall employ and utilize in the
Office of the Director of National Intelligence a professional
staff having an expertise in matters relating to such duties
and responsibilities, and may establish permanent positions and
appropriate rates of pay with respect to that staff.
``(2) The staff of the Office of the Director of National
Intelligence under paragraph (1) shall include the staff of the
Office of the Deputy Director of Central Intelligence for
Community Management that is transferred to the Office of the
Director of National Intelligence under section 1091 of the
National Security Intelligence Reform Act of 2004.
``(e) Limitation on Co-Location With Other Elements of
Intelligence Community.--Commencing as of October 1, 2008, the
Office of the Director of National Intelligence may not be co-
located with any other element of the intelligence community.
``DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE
``Sec. 103A. (a) Principal Deputy Director of National
Intelligence.--(1) There is a Principal Deputy Director of
National Intelligence who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(2) In the event of a vacancy in the position of
Principal Deputy Director of National Intelligence, the
Director of National Intelligence shall recommend to the
President an individual for appointment as Principal Deputy
Director of National Intelligence.
``(3) Any individual nominated for appointment as Principal
Deputy Director of National Intelligence shall have extensive
national security experience and management expertise.
``(4) The individual serving as Principal Deputy Director
of National Intelligence shall not, while so serving, serve in
any capacity in any other element of the intelligence
community.
``(5) The Principal Deputy Director of National
Intelligence shall assist the Director of National Intelligence
in carrying out the duties and responsibilities of the
Director.
``(6) The Principal Deputy Director of National
Intelligence shall act for, and exercise the powers of, the
Director of National Intelligence during the absence or
disability of the Director of National Intelligence or during a
vacancy in the position of Director of National Intelligence.
``(b) Deputy Directors of National Intelligence.--(1) There
may be not more than four Deputy Directors of National
Intelligence who shall be appointed by the Director of National
Intelligence.
``(2) Each Deputy Director of National Intelligence
appointed under this subsection shall have such duties,
responsibilities, and authorities as the Director of National
Intelligence may assign or are specified by law.
``(c) Military Status of Director of National Intelligence
and Principal Deputy Director of National Intelligence.--(1)
Not more than one of the individuals serving in the positions
specified in paragraph (2) may be a commissioned officer of the
Armed Forces in active status.
``(2) The positions referred to in this paragraph are the
following:
``(A) The Director of National Intelligence.
``(B) The Principal Deputy Director of National
Intelligence.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals
serving in the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed
Forces, in active status; or
``(B) have, by training or experience, an
appreciation of military intelligence activities and
requirements.
``(4) A commissioned officer of the Armed Forces, while
serving in a position specified in paragraph (2)--
``(A) shall not be subject to supervision or
control by the Secretary of Defense or by any officer
or employee of the Department of Defense;
``(B) shall not exercise, by reason of the
officer's status as a commissioned officer, any
supervision or control with respect to any of the
military or civilian personnel of the Department of
Defense except as otherwise authorized by law; and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and
grade of such officer authorized for the military
department of that officer.
``(5) Except as provided in subparagraph (A) or (B) of
paragraph (4), the appointment of an officer of the Armed
Forces to a position specified in paragraph (2) shall not
affect the status, position, rank, or grade of such officer in
the Armed Forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of such
status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph (2),
while serving in such position and while remaining on active
duty, shall continue to receive military pay and allowances and
shall not receive the pay prescribed for such position. Funds
from which such pay and allowances are paid shall be reimbursed
from funds available to the Director of National Intelligence.
``NATIONAL INTELLIGENCE COUNCIL
``Sec. 103B. (a) National Intelligence Council.--There is a
National Intelligence Council.
``(b) Composition.--(1) The National Intelligence Council
shall be composed of senior analysts within the intelligence
community and substantive experts from the public and private
sector, who shall be appointed by, report to, and serve at the
pleasure of, the Director of National Intelligence.
``(2) The Director shall prescribe appropriate security
requirements for personnel 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 to be unnecessary for this purpose.
``(c) Duties and Responsibilities.--(1) The National
Intelligence Council shall--
``(A) produce national intelligence estimates for
the United States Government, including alternative
views held by elements of the intelligence community
and other information as specified in paragraph (2);
``(B) evaluate community-wide collection and
production of intelligence by the intelligence
community and the requirements and resources of such
collection and production; and
``(C) otherwise assist the Director of National
Intelligence in carrying out the responsibilities of
the Director under section 102A.
``(2) The Director of National Intelligence shall ensure
that the Council satisfies the needs of policymakers and other
consumers of intelligence.
``(d) Service as Senior Intelligence Advisers.--Within
their respective areas of expertise and under the direction of
the Director of National Intelligence, the members of the
National Intelligence Council shall constitute the senior
intelligence advisers of the intelligence community for
purposes of representing the views of the intelligence
community within the United States Government.
``(e) Authority To Contract.--Subject to the direction and
control of the Director of National Intelligence, the National
Intelligence Council may carry out its responsibilities under
this section by contract, including contracts for substantive
experts necessary to assist the Council with particular
assessments under this section.
``(f) Staff.--The Director of National Intelligence shall
make available to the National Intelligence Council such staff
as may be necessary to permit the Council to carry out its
responsibilities under this section.
``(g) Availability of Council and Staff.--(1) The Director
of National Intelligence shall take appropriate measures to
ensure that the National Intelligence Council and its staff
satisfy the needs of policymaking officials and other consumers
of intelligence.
``(2) The Council shall be readily accessible to
policymaking officials and other appropriate individuals not
otherwise associated with the intelligence community.
``(h) Support.--The heads of the elements of the
intelligence community shall, as appropriate, furnish such
support to the National Intelligence Council, including the
preparation of intelligence analyses, as may be required by the
Director of National Intelligence.
``(i) National Intelligence Council Product.--For purposes
of this section, the term `National Intelligence Council
product' includes a National Intelligence Estimate and any
other intelligence community assessment that sets forth the
judgment of the intelligence community as a whole on a matter
covered by such product.
``GENERAL COUNSEL
``Sec. 103C. (a) General Counsel.--There is a General
Counsel of the Office of the Director of National Intelligence
who shall be appointed by the President, by and with the advice
and consent of the Senate.
``(b) Prohibition on Dual Service as General Counsel of
Another Agency.--The individual serving in the position of
General Counsel may not, while so serving, also serve as the
General Counsel of any other department, agency, or element of
the United States Government.
``(c) Scope of Position.--The General Counsel is the chief
legal officer of the Office of the Director of National
Intelligence.
``(d) Functions.--The General Counsel shall perform such
functions as the Director of National Intelligence may
prescribe.
``CIVIL LIBERTIES PROTECTION OFFICER
``Sec. 103D. (a) Civil Liberties Protection Officer.--(1)
Within the Office of the Director of National Intelligence,
there is a Civil Liberties Protection Officer who shall be
appointed by the Director of National Intelligence.
``(2) The Civil Liberties Protection Officer shall report
directly to the Director of National Intelligence.
``(b) Duties.--The Civil Liberties Protection Officer
shall--
``(1) ensure that the protection of civil liberties
and privacy is appropriately incorporated in the
policies and procedures developed for and implemented
by the Office of the Director of National Intelligence
and the elements of the intelligence community within
the National Intelligence Program;
``(2) oversee compliance by the Office and the
Director of National Intelligence with requirements
under the Constitution and all laws, regulations,
Executive orders, and implementing guidelines relating
to civil liberties and privacy;
``(3) review and assess complaints and other
information indicating possible abuses of civil
liberties and privacy in the administration of the
programs and operations of the Office and the Director
of National Intelligence and, as appropriate,
investigate any such complaint or information;
``(4) ensure that the use of technologies sustain,
and do not erode, privacy protections relating to the
use, collection, and disclosure of personal
information;
``(5) ensure that personal information contained in
a system of records subject to section 552a of title 5,
United States Code (popularly referred to as the
`Privacy Act'), is handled in full compliance with fair
information practices as set out in that section;
``(6) conduct privacy impact assessments when
appropriate or as required by law; and
``(7) perform such other duties as may be
prescribed by the Director of National Intelligence or
specified by law.
``(c) Use of Agency Inspectors General.--When appropriate,
the Civil Liberties Protection Officer may refer complaints to
the Office of Inspector General having responsibility for the
affected element of the department or agency of the
intelligence community to conduct an investigation under
paragraph (3) of subsection (b).
``DIRECTOR OF SCIENCE AND TECHNOLOGY
``Sec. 103E. (a) Director of Science and Technology.--There
is a Director of Science and Technology within the Office of
the Director of National Intelligence who shall be appointed by
the Director of National Intelligence.
``(b) Requirement Relating to Appointment.--An individual
appointed as Director of Science and Technology shall have a
professional background and experience appropriate for the
duties of the Director of Science and Technology.
``(c) Duties.--The Director of Science and Technology
shall--
``(1) act as the chief representative of the
Director of National Intelligence for science and
technology;
``(2) chair the Director of National Intelligence
Science and Technology Committee under subsection (d);
``(3) assist the Director in formulating a long-
term strategy for scientific advances in the field of
intelligence;
``(4) assist the Director on the science and
technology elements of the budget of the Office of the
Director of National Intelligence; and
``(5) perform other such duties as may be
prescribed by the Director of National Intelligence or
specified by law.
``(d) Director of National Intelligence Science and
Technology Committee.--(1) There is within the Office of the
Director of Science and Technology a Director of National
Intelligence Science and Technology Committee.
``(2) The Committee shall be composed of the principal
science officers of the National Intelligence Program.
``(3) The Committee shall--
``(A) coordinate advances in research and
development related to intelligence; and
``(B) perform such other functions as the Director
of Science and Technology shall prescribe.
``NATIONAL COUNTERINTELLIGENCE EXECUTIVE
``Sec. 103F. (a) National Counterintelligence Executive.--
The National Counterintelligence Executive under section 902 of
the Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402b et seq.) is a component of
the Office of the Director of National Intelligence.
``(b) Duties.--The National Counterintelligence Executive
shall perform the duties provided in the Counterintelligence
Enhancement Act of 2002 and such other duties as may be
prescribed by the Director of National Intelligence or
specified by law.
``CENTRAL INTELLIGENCE AGENCY
``Sec. 104. (a) Central Intelligence Agency.--There is a
Central Intelligence Agency.
``(b) Function.--The function of the Central Intelligence
Agency is to assist the Director of the Central Intelligence
Agency in carrying out the responsibilities specified in
section 104A(c).
``DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
``Sec. 104A. (a) Director of Central Intelligence Agency.--
There is a Director of the Central Intelligence Agency who
shall be appointed by the President, by and with the advice and
consent of the Senate.
``(b) Supervision.--The Director of the Central
Intelligence Agency shall report to the Director of National
Intelligence regarding the activities of the Central
Intelligence Agency.
``(c) Duties.--The Director of the Central Intelligence
Agency shall--
``(1) serve as the head of the Central Intelligence
Agency; and
``(2) carry out the responsibilities specified in
subsection (d).
``(d) Responsibilities.--The Director of the Central
Intelligence Agency shall--
``(1) collect intelligence through human sources
and by other appropriate means, except that the
Director of the Central Intelligence Agency shall have
no police, subpoena, or law enforcement powers or
internal security functions;
``(2) correlate and evaluate intelligence related
to the national security and provide appropriate
dissemination of such intelligence;
``(3) provide overall direction for and
coordination of the collection of national intelligence
outside the United States through human sources by
elements of the intelligence community authorized to
undertake such collection and, in coordination with
other departments, agencies, or elements of the United
States Government which are authorized to undertake
such collection, ensure that the most effective use is
made of resources and that appropriate account is taken
of the risks to the United States and those involved in
such collection; and
``(4) perform such other functions and duties
related to intelligence affecting the national security
as the President or the Director of National
Intelligence may direct.
``(e) Termination of Employment of CIA Employees.--(1)
Notwithstanding the provisions of any other law, the Director
of the Central Intelligence Agency may, in the discretion of
the Director, terminate the employment of any officer or
employee of the Central Intelligence Agency whenever the
Director deems the termination of employment of such officer or
employee necessary or advisable in the interests of the United
States.
``(2) Any termination of employment of an officer or
employee under paragraph (1) shall not affect the right of the
officer or employee to seek or accept employment in any other
department, agency, or element of the United States Government
if declared eligible for such employment by the Office of
Personnel Management.
``(f) Coordination With Foreign Governments.--Under the
direction of the Director of National Intelligence and in a
manner consistent with section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927), the Director of the Central
Intelligence Agency shall coordinate the relationships between
elements of the intelligence community and the intelligence or
security services of foreign governments or international
organizations on all matters involving intelligence related to
the national security or involving intelligence acquired
through clandestine means.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the human intelligence officers of the
intelligence community have performed admirably and
honorably in the face of great personal dangers;
(2) during an extended period of unprecedented
investment and improvements in technical collection
means, the human intelligence capabilities of the
United States have not received the necessary and
commensurate priorities;
(3) human intelligence is becoming an increasingly
important capability to provide information on the
asymmetric threats to the national security of the
United States;
(4) the continued development and improvement of a
robust and empowered and flexible human intelligence
work force is critical to identifying, understanding,
and countering the plans and intentions of the
adversaries of the United States; and
(5) an increased emphasis on, and resources applied
to, enhancing the depth and breadth of human
intelligence capabilities of the United States
intelligence community must be among the top priorities
of the Director of National Intelligence.
(c) Transformation of Central Intelligence Agency.--The
Director of the Central Intelligence Agency shall, in
accordance with standards developed by the Director in
consultation with the Director of National Intelligence--
(1) enhance the analytic, human intelligence, and
other capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language
program within the Agency;
(3) emphasize the hiring of personnel of diverse
backgrounds for purposes of improving the capabilities
of the Agency;
(4) establish and maintain effective relationships
between human intelligence and signals intelligence
within the Agency at the operational level; and
(5) achieve a more effective balance within the
Agency with respect to unilateral operations and
liaison operations.
(d) Report.--(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the Director of National
Intelligence and the congressional intelligence committees a
report setting forth the following:
(A) A strategy for improving the conduct of
analysis (including strategic analysis) by the Central
Intelligence Agency, and the progress of the Agency in
implementing that strategy.
(B) A strategy for improving the human intelligence
and other capabilities of the Agency, and the progress
of the Agency in implementing that strategy.
(2)(A) The information in the report under paragraph (1) on
the strategy referred to in paragraph (1)(B) shall--
(i) identify the number and types of personnel
required to implement that strategy;
(ii) include a plan for the recruitment, training,
equipping, and deployment of such personnel; and
(iii) set forth an estimate of the costs of such
activities.
(B) If as of the date of the report under paragraph (1), a
proper balance does not exist between unilateral operations and
liaison operations, such report shall set forth the steps to be
taken to achieve such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
``(5) The terms `national intelligence' and
`intelligence related to national security' refer to
all intelligence, regardless of the source from which
derived and including information gathered within or
outside the United States, that--
``(A) pertains, as determined consistent
with any guidance issued by the President, to
more than one United States Government agency;
and
``(B) that involves--
``(i) threats to the United States,
its people, property, or interests;
``(ii) the development,
proliferation, or use of weapons of
mass destruction; or
``(iii) any other matter bearing on
United States national or homeland
security.''.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN
DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE
AGENCY.
(a) Development of Procedures.--The Director of National
Intelligence, in consultation with the Secretary of Defense and
the Director of the Central Intelligence Agency, shall develop
joint procedures to be used by the Department of Defense and
the Central Intelligence Agency to improve the coordination and
deconfliction of operations that involve elements of both the
Armed Forces and the Central Intelligence Agency consistent
with national security and the protection of human intelligence
sources and methods. Those procedures shall, at a minimum,
provide the following:
(1) Methods by which the Director of the Central
Intelligence Agency and the Secretary of Defense can
improve communication and coordination in the planning,
execution, and sustainment of operations, including, as
a minimum--
(A) information exchange between senior
officials of the Central Intelligence Agency
and senior officers and officials of the
Department of Defense when planning for such an
operation commences by either organization; and
(B) exchange of information between the
Secretary and the Director of the Central
Intelligence Agency to ensure that senior
operational officials in both the Department of
Defense and the Central Intelligence Agency
have knowledge of the existence of the ongoing
operations of the other.
(2) When appropriate, in cases where the Department
of Defense and the Central Intelligence Agency are
conducting separate missions in the same geographical
area, a mutual agreement on the tactical and strategic
objectives for the region and a clear delineation of
operational responsibilities to prevent conflict and
duplication of effort.
(b) Implementation Report.--Not later than 180 days after
the date of the enactment of the Act, the Director of National
Intelligence shall submit to the congressional defense
committees (as defined in section 101 of title 10, United
States Code) and the congressional intelligence committees (as
defined in section 3(7) of the National Security Act of 1947
(50 U.S.C. 401a(7))) a report describing the procedures
established pursuant to subsection (a) and the status of the
implementation of those procedures.
SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF
CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-
RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C.
403-6) is amended by striking all after the heading and
inserting the following:
``(a) Recommendation of DNI in Certain Appointments.--(1)
In the event of a vacancy in a position referred to in
paragraph (2), the Director of National Intelligence shall
recommend to the President an individual for nomination to fill
the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Principal Deputy Director of National
Intelligence.
``(B) The Director of the Central Intelligence
Agency.
``(b) Concurrence of DNI in Appointments to Positions in
the Intelligence Community.--(1) In the event of a vacancy in a
position referred to in paragraph (2), the head of the
department or agency having jurisdiction over the position
shall obtain the concurrence of the Director of National
Intelligence before appointing an individual to fill the
vacancy or recommending to the President an individual to be
nominated to fill the vacancy. If the Director does not concur
in the recommendation, the head of the department or agency
concerned may not fill the vacancy or make the recommendation
to the President (as the case may be). In the case in which the
Director does not concur in such a recommendation, the Director
and the head of the department or agency concerned may advise
the President directly of the intention to withhold concurrence
or to make a recommendation, as the case may be.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance
Office.
``(C) The Director of the National Geospatial-
Intelligence Agency.
``(D) The Assistant Secretary of State for
Intelligence and Research.
``(E) The Director of the Office of Intelligence of
the Department of Energy.
``(F) The Director of the Office of
Counterintelligence of the Department of Energy.
``(G) The Assistant Secretary for Intelligence and
Analysis of the Department of the Treasury.
``(H) The Executive Assistant Director for
Intelligence of the Federal Bureau of Investigation or
any successor to that position.
``(I) The Assistant Secretary of Homeland Security
for Information Analysis.
``(c) Consultation With DNI in Certain Positions.--(1) In
the event of a vacancy in a position referred to in paragraph
(2), the head of the department or agency having jurisdiction
over the position shall consult with the Director of National
Intelligence before appointing an individual to fill the
vacancy or recommending to the President an individual to be
nominated to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence
Agency.
``(B) The Assistant Commandant of the Coast Guard
for Intelligence.''.
SEC. 1015. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5,
United States Code, is amended by adding at the end the
following new item:
``Director of National Intelligence.''.
(b) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by adding at the end the
following new items:
``Principal Deputy Director of National
Intelligence.
``Director of the National Counterterrorism Center.
``Director of the National Counter Proliferation
Center.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended--
(1) by striking the item relating to the Assistant
Directors of Central Intelligence; and
(2) by adding at the end the following new item:
``General Counsel of the Office of the National
Intelligence Director.''.
SEC. 1016. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Information sharing council.--The term
``Information Sharing Council'' means the Information
Systems Council established by Executive Order 13356,
or any successor body designated by the President, and
referred to under subsection (g).
(2) Information sharing environment; ise.--The
terms ``information sharing environment'' and ``ISE''
mean an approach that facilitates the sharing of
terrorism information, which approach may include any
methods determined necessary and appropriate for
carrying out this section.
(3) Program manager.--The term ``program manager''
means the program manager designated under subsection
(f).
(4) Terrorism information.--The term ``terrorism
information'' means all information, whether collected,
produced, or distributed by intelligence, law
enforcement, military, homeland security, or other
activities relating to--
(A) the existence, organization,
capabilities, plans, intentions,
vulnerabilities, means of finance or material
support, or activities of foreign or
international terrorist groups or individuals,
or of domestic groups or individuals involved
in transnational terrorism;
(B) threats posed by such groups or
individuals to the United States, United States
persons, or United States interests, or to
those of other nations;
(C) communications of or by such groups or
individuals; or
(D) groups or individuals reasonably
believed to be assisting or associated with
such groups or individuals.
(b) Information Sharing Environment.--
(1) Establishment.--The President shall--
(A) create an information sharing
environment for the sharing of terrorism
information in a manner consistent with
national security and with applicable legal
standards relating to privacy and civil
liberties;
(B) designate the organizational and
management structures that will be used to
operate and manage the ISE; and
(C) determine and enforce the policies,
directives, and rules that will govern the
content and usage of the ISE.
(2) Attributes.--The President shall, through the
structures described in subparagraphs (B) and (C) of
paragraph (1), ensure that the ISE provides and
facilitates the means for sharing terrorism information
among all appropriate Federal, State, local, and tribal
entities, and the private sector through the use of
policy guidelines and technologies. The President
shall, to the greatest extent practicable, ensure that
the ISE provides the functional equivalent of, or
otherwise supports, a decentralized, distributed, and
coordinated environment that--
(A) connects existing systems, where
appropriate, provides no single points of
failure, and allows users to share information
among agencies, between levels of government,
and, as appropriate, with the private sector;
(B) ensures direct and continuous online
electronic access to information;
(C) facilitates the availability of
information in a form and manner that
facilitates its use in analysis, investigations
and operations;
(D) builds upon existing systems
capabilities currently in use across the
Government;
(E) employs an information access
management approach that controls access to
data rather than just systems and networks,
without sacrificing security;
(F) facilitates the sharing of information
at and across all levels of security;
(G) provides directory services, or the
functional equivalent, for locating people and
information;
(H) incorporates protections for
individuals' privacy and civil liberties; and
(I) incorporates strong mechanisms to
enhance accountability and facilitate
oversight, including audits, authentication,
and access controls.
(c) Preliminary Report.--Not later than 180 days after the
date of the enactment of this Act, the program manager shall,
in consultation with the Information Sharing Council--
(1) submit to the President and Congress a
description of the technological, legal, and policy
issues presented by the creation of the ISE, and the
way in which these issues will be addressed;
(2) establish an initial capability to provide
electronic directory services, or the functional
equivalent, to assist in locating in the Federal
Government intelligence and terrorism information and
people with relevant knowledge about intelligence and
terrorism information; and
(3) conduct a review of relevant current Federal
agency capabilities, databases, and systems for sharing
information.
(d) Guidelines and Requirements.--As soon as possible, but
in no event later than 270 days after the date of the enactment
of this Act, the President shall--
(1) leverage all ongoing efforts consistent with
establishing the ISE and issue guidelines for
acquiring, accessing, sharing, and using information,
including guidelines to ensure that information is
provided in its most shareable form, such as by using
tearlines to separate out data from the sources and
methods by which the data are obtained;
(2) in consultation with the Privacy and Civil
Liberties Oversight Board established under section
1061, issue guidelines that--
(A) protect privacy and civil liberties in
the development and use of the ISE; and
(B) shall be made public, unless
nondisclosure is clearly necessary to protect
national security; and
(3) require the heads of Federal departments and
agencies to promote a culture of information sharing
by--
(A) reducing disincentives to information
sharing, including over-classification of
information and unnecessary requirements for
originator approval, consistent with applicable
laws and regulations; and
(B) providing affirmative incentives for
information sharing.
(e) Implementation Plan Report.--Not later than one year
after the date of the enactment of this Act, the President
shall, with the assistance of the program manager, submit to
Congress a report containing an implementation plan for the
ISE. The report shall include the following:
(1) A description of the functions, capabilities,
resources, and conceptual design of the ISE, including
standards.
(2) A description of the impact on enterprise
architectures of participating agencies.
(3) A budget estimate that identifies the
incremental costs associated with designing, testing,
integrating, deploying, and operating the ISE.
(4) A project plan for designing, testing,
integrating, deploying, and operating the ISE.
(5) The policies and directives referred to in
subsection (b)(1)(C), as well as the metrics and
enforcement mechanisms that will be utilized.
(6) Objective, systemwide performance measures to
enable the assessment of progress toward achieving the
full implementation of the ISE.
(7) A description of the training requirements
needed to ensure that the ISE will be adequately
implemented and properly utilized.
(8) A description of the means by which privacy and
civil liberties will be protected in the design and
operation of the ISE.
(9) The recommendations of the program manager, in
consultation with the Information Sharing Council,
regarding whether, and under what conditions, the ISE
should be expanded to include other intelligence
information.
(10) A delineation of the roles of the Federal
departments and agencies that will participate in the
ISE, including an identification of the agencies that
will deliver the infrastructure needed to operate and
manage the ISE (as distinct from individual department
or agency components that are part of the ISE), with
such delineation of roles to be consistent with--
(A) the authority of the Director of
National Intelligence under this title, and the
amendments made by this title, to set standards
for information sharing throughout the
intelligence community; and
(B) the authority of the Secretary of
Homeland Security and the Attorney General, and
the role of the Department of Homeland Security
and the Attorney General, in coordinating with
State, local, and tribal officials and the
private sector.
(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for
a future management structure for the ISE, including
whether the position of program manager should continue
to remain in existence.
(f) Program Manager.--
(1) Designation.--Not later than 120 days after the
date of the enactment of this Act, with notification to
Congress, the President shall designate an individual
as the program manager responsible for information
sharing across the Federal Government. The individual
designated as the program manager shall serve as
program manager during the two-year period beginning on
the date of designation under this paragraph unless
sooner removed from service and replaced by the
President (at the President's sole discretion). The
program manager shall have and exercise governmentwide
authority.
(2) Duties and responsibilities.--
(A) In general.--The program manager shall,
in consultation with the Information Sharing
Council--
(i) plan for and oversee the
implementation of, and manage, the ISE;
(ii) assist in the development of
policies, procedures, guidelines,
rules, and standards as appropriate to
foster the development and proper
operation of the ISE; and
(iii) assist, monitor, and assess
the implementation of the ISE by
Federal departments and agencies to
ensure adequate progress, technological
consistency and policy compliance; and
regularly report the findings to
Congress.
(B) Content of policies, procedures,
guidelines, rules, and standards.--The
policies, procedures, guidelines, rules, and
standards under subparagraph (A)(ii) shall--
(i) take into account the varying
missions and security requirements of
agencies participating in the ISE;
(ii) address development,
implementation, and oversight of
technical standards and requirements;
(iii) take into account ongoing and
planned efforts that support
development, implementation and
management of the ISE;
(iv) address and facilitate
information sharing between and among
departments and agencies of the
intelligence community, the Department
of Defense, the homeland security
community and the law enforcement
community;
(v) address and facilitate
information sharing between Federal
departments and agencies and State,
tribal, and local governments;
(vi) address and facilitate, as
appropriate, information sharing
between Federal departments and
agencies and the private sector;
(vii) address and facilitate, as
appropriate, information sharing
between Federal departments and
agencies with foreign partners and
allies; and
(viii) ensure the protection of
privacy and civil liberties.
(g) Information Sharing Council.--
(1) Establishment.--There is established an
Information Sharing Council that shall assist the
President and the program manager in their duties under
this section. The Information Sharing Council shall
serve during the two-year period beginning on the date
of the initial designation of the program manager by
the President under subsection (f)(1), unless sooner
removed from service and replaced by the President (at
the sole discretion of the President) with a successor
body.
(2) Specific duties.--In assisting the President
and the program manager in their duties under this
section, the Information Sharing Council shall--
(A) advise the President and the program
manager in developing policies, procedures,
guidelines, roles, and standards necessary to
establish, implement, and maintain the ISE;
(B) work to ensure coordination among the
Federal departments and agencies participating
in the ISE in the establishment,
implementation, and maintenance of the ISE;
(C) identify and, as appropriate, recommend
the consolidation and elimination of current
programs, systems, and processes used by
Federal departments and agencies to share
information, and recommend, as appropriate, the
redirection of existing resources to support
the ISE;
(D) identify gaps, if any, between existing
technologies, programs and systems used by
Federal departments and agencies to share
information and the parameters of the proposed
information sharing environment;
(E) recommend solutions to address any gaps
identified under subparagraph (D);
(F) recommend means by which the ISE can be
extended to allow interchange of information
between Federal departments and agencies and
appropriate authorities of State and local
governments; and
(G) recommend whether or not, and by which
means, the ISE should be expanded so as to
allow future expansion encompassing other
relevant categories of information.
(3) Consultation.--In performing its duties, the
Information Sharing Council shall consider input from
persons and entities outside the Federal Government
having significant experience and expertise in policy,
technical matters, and operational matters relating to
the ISE.
(4) Inapplicability of federal advisory committee
act.--The Information Sharing Council shall not be
subject to the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).
(h) Performance Management Reports.--
(1) In general.--Not later than two years after the
date of the enactment of this Act, and annually
thereafter, the President shall submit to Congress a
report on the state of the ISE and of information
sharing across the Federal Government.
(2) Content.--Each report under this subsection
shall include--
(A) a progress report on the extent to
which the ISE has been implemented, including
how the ISE has fared on the performance
measures and whether the performance goals set
in the preceding year have been met;
(B) objective system-wide performance goals
for the following year;
(C) an accounting of how much was spent on
the ISE in the preceding year;
(D) actions taken to ensure that
procurement of and investments in systems and
technology are consistent with the
implementation plan for the ISE;
(E) the extent to which all terrorism watch
lists are available for combined searching in
real time through the ISE and whether there are
consistent standards for placing individuals
on, and removing individuals from, the watch
lists, including the availability of processes
for correcting errors;
(F) the extent to which State, tribal, and
local officials are participating in the ISE;
(G) the extent to which private sector
data, including information from owners and
operators of critical infrastructure, is
incorporated in the ISE, and the extent towhich
individuals and entities outside the government are receiving
information through the ISE;
(H) the measures taken by the Federal
government to ensure the accuracy of
information in the ISE, in particular the
accuracy of information about individuals;
(I) an assessment of the privacy and civil
liberties protections of the ISE, including
actions taken in the preceding year to
implement or enforce privacy and civil
liberties protections; and
(J) an assessment of the security
protections used in the ISE.
(i) Agency Responsibilities.--The head of each department
or agency that possesses or uses intelligence or terrorism
information, operates a system in the ISE, or otherwise
participates (or expects to participate) in the ISE shall--
(1) ensure full department or agency compliance
with information sharing policies, procedures,
guidelines, rules, and standards established under
subsections (b) and (f);
(2) ensure the provision of adequate resources for
systems and activities supporting operation of and
participation in the ISE;
(3) ensure full department or agency cooperation in
the development of the ISE to implement governmentwide
information sharing; and
(4) submit, at the request of the President or the
program manager, any reports on the implementation of
the requirements of the ISE within such department or
agency.
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2005 and 2006.
SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE
COMMUNITY.
(a) In General.--Not later than 180 days after the
effective date of this Act, the Director of National
Intelligence shall establish a process and assign an individual
or entity the responsibility for ensuring that, as appropriate,
elements of the intelligence community conduct alternative
analysis (commonly referred to as ``red-team analysis'') of the
information and conclusions in intelligence products.
(b) Report.--Not later than 270 days after the effective
date of this Act, the Director of National Intelligence shall
provide a report to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee of the House of
Representatives on the implementation of subsection (a).
SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION
OF AUTHORITIES.
The President shall issue guidelines to ensure the
effective implementation and execution within the executive
branch of the authorities granted to the Director of National
Intelligence by this title and the amendments made by this
title, in a manner that respects and does not abrogate the
statutory responsibilities of the heads of the departments of
the United States Government concerning such departments,
including, but not limited to:
(1) the authority of the Director of the Office of
Management and Budget; and
(2) the authority of the principal officers of the
executive departments as heads of their respective
departments, including, but not limited to, under--
(A) section 199 of the Revised Statutes (22
U.S.C. 2651);
(B) title II of the Department of Energy
Organization Act (42 U.S.C. 7131 et seq.);
(C) the State Department Basic Authorities
Act of 1956;
(D) section 102(a) of the Homeland Security
Act of 2002 (6 U.S.C. 112(a)); and
(E) sections 301 of title 5, 113(b) and
162(b) of title 10, 503 of title 28, and 301(b)
of title 31, United States Code.
SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC
INTEGRITY.
(a) Assignment of Responsibilities.--For purposes of
carrying out section 102A(h) of the National Security Act of
1947 (as added by section 1011(a)), the Director of National
Intelligence shall, not later than 180 days after the date of
the enactment of this Act, assign an individual or entity to be
responsible for ensuring that finished intelligence products
produced by any element or elements of the intelligence
community are timely, objective, independent of political
considerations, based upon all sources of available
intelligence, and employ the standards of proper analytic
tradecraft.
(b) Responsibilities.--(1) The individual or entity
assigned responsibility under subsection (a)--
(A) may be responsible for general oversight and
management of analysis and production, but may not be
directly responsible for, or involved in, the specific
production of any finished intelligence product;
(B) shall perform, on a regular basis, detailed
reviews of finished intelligence product or other
analytic products by an element or elements of the
intelligence community covering a particular topic or
subject matter;
(C) shall be responsible for identifying on an
annual basis functional or topical areas of analysis
for specific review under subparagraph (B); and
(D) upon completion of any review under
subparagraph (B), may draft lessons learned, identify
best practices, or make recommendations for improvement
to the analytic tradecraft employed in the production
of the reviewed product or products.
(2) Each review under paragraph (1)(B) should--
(A) include whether the product or products
concerned were based on all sources of available
intelligence, properly describe the quality and
reliability of underlying sources, properly caveat and
express uncertainties or confidence in analytic
judgments, properly distinguish between underlying
intelligence and the assumptions and judgments of
analysts, and incorporate, where appropriate,
alternative analyses; and
(B) ensure that the analytic methodologies,
tradecraft, and practices used by the element or
elements concerned in the production of the product or
products concerned meet the standards set forth in
subsection (a).
(3) Information drafted under paragraph (1)(D) should, as
appropriate, be included in analysis teaching modules and case
studies for use throughout the intelligence community.
(c) Annual Reports.--Not later than December 1 each year,
the Director of National Intelligence shall submit to the
congressional intelligence committees, the heads of the
relevant elements of the intelligence community, and the heads
of analytic training departments a report containing a
description, and the associated findings, of each review under
subsection (b)(1)(B) during such year.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a) In General.--Not later than 180 days after the
effective date of this Act, the Director of National
Intelligence shall identify an individual within the Office of
the Director of National Intelligence who shall be available to
analysts within the Office of the Director of National
Intelligence to counsel, conduct arbitration, offer
recommendations, and, as appropriate, initiate inquiries into
real or perceived problems of analytic tradecraft or
politicization, biased reporting, or lack of objectivity in
intelligence analysis.
(b) Report.--Not later than 270 days after the effective
date of this Act, the Director of National Intelligence shall
provide a report to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives on the implementation of
subsection (a).
Subtitle B--National Counterterrorism Center, National Counter
Proliferation Center, and National Intelligence Centers
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by adding at the end the following new
section:
``NATIONAL COUNTERTERRORISM CENTER
``Sec. 119. (a) Establishment of Center.--There is within
the Office of the Director of National Intelligence a National
Counterterrorism Center.
``(b) Director of National Counterterrorism Center.--(1)
There is a Director of the National Counterterrorism Center,
who shall be the head of the National Counterterrorism Center,
and who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) The Director of the National Counterterrorism Center
may not simultaneously serve in any other capacity in the
executive branch.
``(c) Reporting.--(1) The Director of the National
Counterterrorism Center shall report to the Director of
National Intelligence with respect to matters described in
paragraph (2) and the President with respect to matters
described in paragraph (3).
``(2) The matters described in this paragraph are
as follows:
``(A) The budget and programs of the
National Counterterrorism Center.
``(B) The activities of the Directorate of
Intelligence of the National Counterterrorism
Center under subsection (h).
``(C) The conduct of intelligence
operations implemented by other elements of the
intelligence community; and
``(3) The matters described in this paragraph are
the planning and progress of joint counterterrorism
operations (other than intelligence operations).
``(d) Primary Missions.--The primary missions of the
National Counterterrorism Center shall be as follows:
``(1) To serve as the primary organization in the
United States Government for analyzing and integrating
all intelligence possessed or acquired by the United
States Government pertaining to terrorism and
counterterrorism, excepting intelligence pertaining
exclusively to domestic terrorists and domestic
counterterrorism.
``(2) To conduct strategic operational planning for
counterterrorism activities, integrating all
instruments of national power, including diplomatic,
financial, military, intelligence, homeland security,
and law enforcement activities within and among
agencies.
``(3) To assign roles and responsibilities as part
of its strategic operational planning duties to lead
Departments or agencies, as appropriate, for
counterterrorism activities that are consistent with
applicable law and that support counterterrorism
strategic operational plans, but shall not direct the
execution of any resulting operations.
``(4) To ensure that agencies, as appropriate, have
access to and receive all-source intelligence support
needed to execute their counterterrorism plans or
perform independent, alternative analysis.
``(5) To ensure that such agencies have access to
and receive intelligence needed to accomplish their
assigned activities.
``(6) To serve as the central and shared knowledge
bank on known and suspected terrorists and
international terror groups, as well as their goals,
strategies, capabilities, and networks of contacts and
support.
``(e) Domestic Counterterrorism Intelligence.--(1) The
Center may, consistent with applicable law, the direction of
the President, and the guidelines referred to in section
102A(b), receive intelligence pertaining exclusively to
domestic counterterrorism from any Federal, State, or local
government or other source necessary to fulfill its
responsibilities and retain and disseminate such intelligence.
``(2) Any agency authorized to conduct counterterrorism
activities may request information from the Center to assist it
in its responsibilities, consistent with applicable law and the
guidelines referred to in section 102A(b).
``(f) Duties and Responsibilities of Director.--(1) The
Director of the National Counterterrorism Center shall--
``(A) serve as the principal adviser to the
Director of National Intelligence on intelligence
operations relating to counterterrorism;
``(B) provide strategic operational plans for the
civilian and military counterterrorism efforts of the
United States Government and for the effective
integration of counterterrorism intelligence and
operations across agency boundaries, both inside and
outside the United States;
``(C) advise the Director of National Intelligence
on the extent to which the counterterrorism program
recommendations and budget proposals of the
departments, agencies, and elements of the United
States Government conform to the priorities established
by the President;
``(D) disseminate terrorism information, including
current terrorism threat analysis, to the President,
the Vice President, the Secretaries of State, Defense,
and Homeland Security, the Attorney General, the
Director of the Central Intelligence Agency, and other
officials of the executive branch as appropriate, and
to the appropriate committees of Congress;
``(E) support the Department of Justice and the
Department of Homeland Security, and other appropriate
agencies, in fulfillment of their responsibilities to
disseminate terrorism information, consistent with
applicable law, guidelines referred to in section
102A(b), Executive orders and other Presidential
guidance, to State and local government officials, and
other entities, and coordinate dissemination of
terrorism information to foreign governments as
approved by the Director of National Intelligence;
``(F) develop a strategy for combining terrorist
travel intelligence operations and law enforcement
planning and operations into a cohesive effort to
intercept terrorists, find terrorist travel
facilitators, and constrain terrorist mobility;
``(G) have primary responsibility within the United
States Government for conducting net assessments of
terrorist threats;
``(H) consistent with priorities approved by the
President, assist the Director of National Intelligence
in establishing requirements for the intelligence
community for the collection of terrorism information;
and
``(I) perform such other duties as the Director of
National Intelligence may prescribe or are prescribed
by law.
``(2) Nothing in paragraph (1)(G) shall limit the authority
of the departments and agencies of the United States to conduct
net assessments.
``(g) Limitation.--The Director of the National
Counterterrorism Center may not direct the execution of
counterterrorism operations.
``(h) Resolution of Disputes.--The Director of National
Intelligence shall resolve disagreements between the National
Counterterrorism Center and the head of a department, agency,
or element of the United States Government on designations,
assignments, plans, or responsibilities under this section. The
head of such a department, agency, or element may appeal the
resolution of the disagreement by the Director of National
Intelligence to the President.
``(i) Directorate of Intelligence.--The Director of the
National Counterterrorism Center shall establish and maintain
within the National Counterterrorism Center a Directorate of
Intelligence which shall have primary responsibility within the
United States Government for analysis of terrorism and
terrorist organizations (except for purely domestic terrorism
and domestic terrorist organizations) from all sources of
intelligence, whether collected inside or outside the United
States.
``(j) Directorate of Strategic Operational Planning.--(1)
The Director of the National Counterterrorism Center shall
establish and maintain within the National Counterterrorism
Center a Directorate of Strategic Operational Planning which
shall provide strategic operational plans for counterterrorism
operations conducted by the United States Government.
``(2) Strategic operational planning shall include the
mission, objectives to be achieved, tasks to be performed,
interagency coordination of operational activities, and the
assignment of roles and responsibilities.
``(3) The Director of the National Counterterrorism Center
shall monitor the implementation of strategic operational
plans, and shall obtain information from each element of the
intelligence community, and from each other department, agency,
or element of the United States Government relevant for
monitoring the progress of such entity in implementing such
plans.
SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
Title I of the National Security Act of 1947, as amended by
section 1021 of this Act, is further amended by adding at the
end the following new section:
``NATIONAL COUNTER PROLIFERATION CENTER
``Sec. 119A. (a) Establishment.--Not later than 18 months
after the date of the enactment of the National Security
Intelligence Reform Act of 2004, the President shall establish
a National Counter Proliferation Center, taking into account
all appropriate government tools to prevent and halt the
proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
``(b) Missions and Objectives.--In establishing the
National Counter Proliferation Center, the President shall
address the following missions and objectives to prevent and
halt the proliferation of weapons of mass destruction, their
delivery systems, and related materials and technologies:
``(1) Establishing a primary organization within
the United States Government for analyzing and
integrating all intelligence possessed or acquired by
the United States pertaining to proliferation.
``(2) Ensuring that appropriate agencies have full
access to and receive all-source intelligence support
needed to executetheir counter proliferation plans or
activities, and perform independent, alternative analyses.
``(3) Establishing a central repository on known
and suspected proliferation activities, including the
goals, strategies, capabilities, networks, and any
individuals, groups, or entities engaged in
proliferation.
``(4) Disseminating proliferation information,
including proliferation threats and analyses, to the
President, to the appropriate departments and agencies,
and to the appropriate committees of Congress.
``(5) Conducting net assessments and warnings about
the proliferation of weapons of mass destruction, their
delivery systems, and related materials and
technologies.
``(6) Coordinating counter proliferation plans and
activities of the various departments and agencies of
the United States Government to prevent and halt the
proliferation of weapons of mass destruction, their
delivery systems, and related materials and
technologies.
``(7) Conducting strategic operational counter
proliferation planning for the United States Government
to prevent and halt the proliferation of weapons of
mass destruction, their delivery systems, and related
materials and technologies.
``(c) National Security Waiver.--The President may waive
the requirements of this section, and any parts thereof, if the
President determines that such requirements do not materially
improve the ability of the United States Government to prevent
and halt the proliferation of weapons of mass destruction,
their delivery systems, and related materials and technologies.
Such waiver shall be made in writing to Congress and shall
include a description of how the missions and objectives in
subsection (b) are being met.
``(d) Report to Congress.--(1) Not later than nine months
after the implementation of this Act, the President shall
submit to Congress, in classified form if necessary, the
findings and recommendations of the President's Commission on
Weapons of Mass Destruction established by Executive Order in
February 2004, together with the views of the President
regarding the establishment of a National Counter Proliferation
Center.
``(2) If the President decides not to exercise the waiver
authority granted by subsection (c), the President shall submit
to Congress from time to time updates and plans regarding the
establishment of a National Counter Proliferation Center.
``(e) Sense of Congress.--It is the sense of Congress that
a central feature of counter proliferation activities,
consistent with the President's Proliferation Security
Initiative, should include the physical interdiction, by air,
sea, or land, of weapons of mass destruction, their delivery
systems, and related materials and technologies, and enhanced
law enforcement activities to identify and disrupt
proliferation networks, activities, organizations, and
persons.''.
SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
Title I of the National Security Act of 1947, as amended by
section 1022 of this Act, is further amended by adding at the
end the following new section:
``NATIONAL INTELLIGENCE CENTERS
``Sec. 119B. (a) Authority To Establish.--The Director of
National Intelligence may establish one or more national
intelligence centers to address intelligence priorities,
including, but not limited to, regional issues.
``(b) Resources of Directors of Centers.--(1) The Director
of National Intelligence shall ensure that the head of each
national intelligence center under subsection (a) has
appropriate authority, direction, and control of such center,
and of the personnel assigned to such center, to carry out the
assigned mission of such center.
``(2) The Director of National Intelligence shall ensure
that each national intelligence center has appropriate
personnel to accomplish effectively the mission of such center.
``(c) Information Sharing.--The Director of National
Intelligence shall, to the extent appropriate and practicable,
ensure that each national intelligence center under subsection
(a) and the other elements of the intelligence community share
information in order to facilitate the mission of such center.
``(d) Mission of Centers.--Pursuant to the direction of the
Director of National Intelligence, each national intelligence
center under subsection (a) may, in the area of intelligence
responsibility assigned to such center--
``(1) have primary responsibility for providing
all-source analysis of intelligence based upon
intelligence gathered both domestically and abroad;
``(2) have primary responsibility for identifying
and proposing to the Director of National Intelligence
intelligence collection and analysis and production
requirements; and
``(3) perform such other duties as the Director of
National Intelligence shall specify.
``(e) Review and Modification of Centers.--The Director of
National Intelligence shall determine on a regular basis
whether--
``(1) the area of intelligence responsibility
assigned to each national intelligence center under
subsection (a) continues to meet appropriate
intelligence priorities; and
``(2) the staffing and management of such center
remains appropriate for the accomplishment of the
mission of such center.
``(f) Termination.--The Director of National Intelligence
may terminate any national intelligence center under subsection
(a).
``(g) Separate Budget Account.--The Director of National
Intelligence shall, as appropriate, include in the National
Intelligence Program budget a separate line item for each
national intelligence center under subsection (a).''.
Subtitle C--Joint Intelligence Community Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
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 section:
``JOINT INTELLIGENCE COMMUNITY COUNCIL
``Sec. 101A. (a) Joint Intelligence Community Council.--
There is a Joint Intelligence Community Council.
``(b) Membership.--The Joint Intelligence Community Council
shall consist of the following:
``(1) The Director of National Intelligence, who
shall chair the Council.
``(2) The Secretary of State.
``(3) The Secretary of the Treasury.
``(4) The Secretary of Defense.
``(5) The Attorney General.
``(6) The Secretary of Energy.
``(7) The Secretary of Homeland Security.
``(8) Such other officers of the United States
Government as the President may designate from time to
time.
``(c) Functions.--The Joint Intelligence Community Council
shall assist the Director of National Intelligence to in
developing and implementing a joint, unified national
intelligence effort to protect national security by--
``(1) advising the Director on establishing
requirements, developing budgets, financial management,
and monitoring and evaluating the performance of the
intelligence community, and on such other matters as
the Director may request; and
``(2) ensuring the timely execution of programs,
policies, and directives established or developed by
the Director.
``(d) Meetings.--The Director of National Intelligence
shall convene regular meetings of the Joint Intelligence
Community Council.
``(e) Advice and Opinions of Members Other Than Chairman.--
(1) A member of the Joint Intelligence Community Council (other
than the Chairman) may submit to the Chairman advice or an
opinion in disagreement with, or advice or an opinion in
addition to, the advice presented by the Director of National
Intelligence to the President or the National Security Council,
in the role of the Chairman as Chairman of the Joint
Intelligence Community Council. If a member submits such advice
or opinion, the Chairman shall present the advice or opinion of
such member at the same time the Chairman presents the advice
of the Chairman to the President or the National Security
Council, as the case may be.
``(2) The Chairman shall establish procedures to ensure
that the presentation of the advice of the Chairman to the
President or the National Security Council is not unduly
delayed by reason of the submission of the individual advice or
opinion of another member of the Council.
``(f) Recommendations to Congress.--Any member of the Joint
Intelligence Community Council may make such recommendations to
Congress relating to the intelligence community as such member
considers appropriate.''.
Subtitle D--Improvement of Education for the Intelligence Community
SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Foreign language education is essential for the
development of a highly-skilled workforce for the
intelligence community.
(2) Since September 11, 2001, the need for language
proficiency levels to meet required national security
functions has been raised, and the ability to
comprehend and articulate technical and scientific
information in foreign languages has become critical.
(b) Linguistic Requirements.--(1) The Director of National
Intelligence shall--
(A) identify the linguistic requirements for the
Office of the Director of National Intelligence;
(B) identify specific requirements for the range of
linguistic skills necessary for the intelligence
community, including proficiency in scientific and
technical vocabularies of critical foreign languages;
and
(C) develop a comprehensive plan for the Office to
meet such requirements through the education,
recruitment, and training of linguists.
(2) In carrying out activities under paragraph (1), the
Director shall take into account education grant programs of
the Department of Defense and the Department of Education that
are in existence as of the date of the enactment of this Act.
(3) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Director shall submit
to Congress a report on the requirements identified under
paragraph (1), including the success of the Office of the
Director of National Intelligence in meeting such requirements.
Each report shall notify Congress of any additional resources
determined by the Director to be required to meet such
requirements.
(4) Each report under paragraph (3) shall be in
unclassified form, but may include a classified annex.
(c) Professional Intelligence Training.--The Director of
National Intelligence shall require the head of each element
and component within the Office of the Director of National
Intelligence who has responsibility for professional
intelligence training to periodically review and revise the
curriculum for the professional intelligence training of the
senior and intermediate level personnel of such element or
component in order to--
(1) strengthen the focus of such curriculum on the
integration of intelligence collection and analysis
throughout the Office; and
(2) prepare such personnel for duty with other
departments, agencies, and element of the intelligence
community.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
Title X of the National Security Act of 1947 (50 U.S.C.
441g) is amended by adding at the end the following new
section:
``FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING
``Sec. 1002. The Director of National Intelligence shall
establish an integrated framework that brings together the
educational components of the intelligence community in order
to promote a more effective and productive intelligence
community through cross-disciplinary education and joint
training.''.
SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
Title X of the National Security Act of 1947, as amended by
section 1042 of this Act, is further amended by adding at the
end the following new section:
``INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
``Sec. 1003. (a) Establishment.--
``(1) In general.--The Director of National
Intelligence, in consultation with the head of each
agency of the intelligence community, shall establish a
scholarship program (to be known as the `Intelligence
Community Scholarship Program') to award scholarships
to individuals that is designed to recruit and prepare
students for civilian careers in the intelligence
community to meet the critical needs of the
intelligence community agencies.
``(2) Selection of recipients.--
``(A) Merit and agency needs.--Individuals
shall be selected to receive scholarships under
this section through a competitive process
primarily on the basis of academic merit and
the needs of the agency.
``(B) Demonstrated commitment.--Individuals
selected under this section shall have a
demonstrated commitment to the field of study
for which the scholarship is awarded.
``(3) Contractual agreements.--To carry out the
Program the head of each agency shall enter into
contractual agreements with individuals selected under
paragraph (2) under which the individuals agree to
serve as full-time employees of the agency, for the
period described in subsection (g)(1), in positions
needed by the agency and for which the individuals are
qualified, in exchange for receiving a scholarship.
``(b) Eligibility.--In order to be eligible to participate
in the Program, an individual shall--
``(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher education
and be pursuing or intend to pursue undergraduate or
graduate education in an academic field or discipline
described in the list made available under subsection
(d);
``(2) be a United States citizen; and
``(3) at the time of the initial scholarship award,
not be an employee (as defined under section 2105 of
title 5, United States Code).
``(c) Application.-- An individual seeking a scholarship
under this section shall submit an application to the Director
of National Intelligence at such time, in such manner, and
containing such information, agreements, or assurances as the
Director may require.
``(d) Programs and Fields of Study.--The Director of
National Intelligence shall--
``(1) make publicly available a list of academic
programs and fields of study for which scholarships
under the Program may be used; and
``(2) update the list as necessary.
``(e) Scholarships.--
``(1) In general.--The Director of National
Intelligence may provide a scholarship under the
Program for an academic year if the individual applying
for the scholarship has submitted to the Director, as
part of the application required under subsection (c),
a proposed academic program leading to a degree in a
program or field of study on the list made available
under subsection (d).
``(2) Limitation on years.--An individual may not
receive a scholarship under this section for more than
4 academic years, unless the Director of National
Intelligence grants a waiver.
``(3) Student responsibilities.--Scholarship
recipients shall maintain satisfactory academic
progress.
``(4) Amount.--The dollar amount of a scholarship
under this section for an academic year shall be
determined under regulations issued by the Director of
National Intelligence, but shall in no case exceed the
cost of tuition, fees, and other authorized expenses as
established by the Director.
``(5) Use of scholarships.--A scholarship provided
under this section may be expended for tuition, fees,
and other authorized expenses as established by the
Director of National Intelligence by regulation.
``(6) Payment to institution of higher education.--
The Director of National Intelligence may enter into a
contractual agreement with an institution of higher
education under which the amounts provided for a
scholarship under this section for tuition, fees, and
other authorized expenses are paid directly to the
institution with respect to which the scholarship is
provided.
``(f) Special Consideration for Current Employees.--
``(1) Set aside of scholarships.--Notwithstanding
paragraphs (1) and (3) of subsection (b), 10 percent of
the scholarships awarded under this section shall be
set aside for individuals who are employees of agencies
on the date of enactment of this section to enhance the
education of such employees in areas of critical needs
of agencies.
``(2) Full- or part-time education.--Employees who
are awarded scholarships under paragraph (1) shall be
permitted to pursue undergraduate or graduate education
under the scholarship on a full-time or part-time
basis.
``(g) Employee Service.--
``(1) Period of service.--Except as provided in
subsection (i)(2), the period of service for which an
individual shall be obligated to serve as an employee
of the agency is 24 months for each academic year for
which a scholarship under this section is provided.
Under no circumstances shall the total period of
obligated service be more than 8 years.
``(2) Beginning of service.--
``(A) In general.--Except as provided in
subparagraph (B), obligated service under
paragraph (1) shall begin not later than 60
days after the individual obtains the
educational degree for which the scholarship
was provided.
``(B) Deferral.--In accordance with
regulations established by the Director of
National Intelligence, the Director or designee
may defer the obligation of an individual to
provide a period of service under paragraph (1)
if the Director or designee determines that
such a deferral is appropriate.
``(h) Repayment.--
``(1) In general.--Scholarship recipients who fail
to maintain a high level of academic standing, as
defined by the Director of National Intelligence, who
are dismissed from their educational institutions for
disciplinary reasons, or who voluntarily terminate
academic training before graduation from the
educational program for which the scholarship was
awarded, shall be in breach of their contractual
agreement and, in lieu of any service obligation
arising under such agreement, shall be liable to the
United States for repayment within 1 year after the
date of default of all scholarship funds paid to them
and to the institution of higher education on their
behalf under the agreement, except as provided in
subsection (i)(2). The repayment period may be extended
by the Director when determined to be necessary, as
established by regulation.
``(2) Liability.--Scholarship recipients who, for
any reason, fail to begin or complete their service
obligation after completion of academic training, or
fail to comply with the terms and conditions of
deferment established by the Director of National
Intelligence under subsection (i)(2)(B), shall be in
breach of their contractual agreement. When recipients
breach their agreements for the reasons stated in the
preceding sentence, the recipient shall be liable to
the United States for an amount equal to--
``(A) the total amount of scholarships
received by such individual under this section;
and
``(B) the interest on the amounts of such
awards which would be payable if at the time
the awards were received they were loans
bearing interest at the maximum legal
prevailing rate, as determined by the Treasurer
of the United States, multiplied by 3.
``(i) Cancellation, Waiver, or Suspension of Obligation.--
``(1) Cancellation.--Any obligation of an
individual incurred under the Program (or a contractual
agreement thereunder) for service or payment shall be
canceled upon the death of the individual.
``(2) Waiver or suspension.--The Director of
National Intelligence shall prescribe regulations to
provide for the partial or total waiver or suspension
of any obligation of service or payment incurred by an
individual under the Program (or a contractual
agreement thereunder) whenever compliance by the
individual is impossible or would involve extreme
hardship to the individual, or if enforcement of such
obligation with respect to the individual would be
contrary to the best interests of the Government.
``(j) Regulations.--The Director of National Intelligence
shall prescribe regulations necessary to carry out this
section.
``(k) Definitions.--In this section:
``(1) Agency.--The term `agency' means each element
of the intelligence community as determined by the
Director of National Intelligence.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given
that term under section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
``(3) Program.--The term `Program' means the
Intelligence Community Scholarship Program established
under subsection (a).''.
Subtitle E--Additional Improvements of Intelligence Activities
SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE
COMMUNITY.
The Director of National Intelligence, in cooperation with
the Secretary of Defense and the Secretary of Energy, should
seek to ensure that each service laboratory of the Department
of Defense and each national laboratory of the Department of
Energy may, acting through the relevant Secretary and in a
manner consistent with the missions and commitments of the
laboratory--
(1) assist the Director of National Intelligence in
all aspects of technical intelligence, including
research, applied sciences, analysis, technology
evaluation and assessment, and any other aspect that
the relevant Secretary considers appropriate; and
(2) make available to the intelligence community,
on a community-wide basis--
(A) the analysis and production services of
the service and national laboratories, in a
manner that maximizes the capacity and services
of such laboratories; and
(B) the facilities and human resources of
the service and national laboratories, in a
manner that improves the technological
capabilities of the intelligence community.
SEC. 1052. OPEN-SOURCE INTELLIGENCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Director of National Intelligence should
establish an intelligence center for the purpose of
coordinating the collection, analysis, production, and
dissemination of open source intelligence to elements
of the intelligence community;
(2) open source intelligence is a valuable source
that must be integrated into the intelligence cycle to
ensure that United States policymakers are fully and
completely informed; and
(3) the intelligence center should ensure that each
element of the intelligence community uses open source
intelligence consistent with the mission of such
element.
(b) Requirement for Efficient Use by Intelligence Community
of Open-source Intelligence.--The Director of National
Intelligence shall ensure that the intelligence community makes
efficient and effective use of open-source information and
analysis.
(c) Report.--Not later than June 30, 2005, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report containing the decision of the
Director as to whether an open source intelligence center will
be established. If the Director decides not to establish an
open source intelligence center, such report shall also contain
a description of how the intelligence community will use open
source intelligence and effectively integrate open source
intelligence into the national intelligence cycle.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) Establishment.--The Director of National Intelligence
may provide for the establishment and training of a National
Intelligence Reserve Corps (in this section referred to as
``National Intelligence Reserve Corps'') for the temporary
reemployment on a voluntary basis of former employees of
elements of the intelligence community during periods of
emergency, as determined by the Director.
(b) Eligible Individuals.--An individual may participate in
the National Intelligence Reserve Corps only if the individual
previously served as a full time employee of an element of the
intelligence community.
(c) Terms of Participation.--The Director of National
Intelligence shall prescribe the terms and conditions under
which eligible individuals may participate in the National
Intelligence Reserve Corps.
(d) Expenses.--The Director of National Intelligence may
provide members of the National Intelligence Reserve Corps
transportation and per diem in lieu of subsistence for purposes
of participating in any training that relates to service as a
member of the Reserve Corps.
(e) Treatment of Annuitants.--(1) If an annuitant receiving
an annuity from the Civil Service Retirement and Disability
Fund becomes temporarily reemployed pursuant to this section,
such annuity shall not be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an
employee for the purposes of chapter 83 or 84 of title 5,
United States Code.
(f) Treatment Under Office of Director of National
Intelligence Personnel Ceiling.--A member of the National
Intelligence Reserve Corps who is reemployed on a temporary
basis pursuant to this section shall not count against any
personnel ceiling applicable to the Office of the Director of
National Intelligence.
Subtitle F--Privacy and Civil Liberties
SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) In conducting the war on terrorism, the Federal
Government may need additional powers and may need to
enhance the use of its existing powers.
(2) This potential shift of power and authority to
the Federal Government calls for an enhanced system of
checks and balances to protect the precious liberties
that are vital to our way of life.
(b) Establishment of Board.--There is established within
the Executive Office of the President a Privacy and Civil
Liberties Oversight Board (referred to in this section as the
``Board'').
(c) Functions.--
(1) Advice and counsel on development and
implementation of policy.--For the purpose of providing
advice to the President or to the head of any
department or agency of the executive branch, the Board
shall--
(A) review proposed regulations and
executive branch policies related to efforts to
protect the Nation from terrorism, including
the development and adoption of information
sharing guidelines under subsections (d) and
(f) of section 1016;
(B) review the implementation of laws,
regulations, and executive branch policies
related to efforts to protect the Nation from
terrorism, including the implementation of
information sharing guidelines under
subsections (d) and (f) of section 1016;
(C) advise the President and the head of
any department or agency of the executive
branch to ensure that privacy and civil
liberties are appropriately considered in the
development and implementation of such
regulations and executive branch policies; and
(D) in providing advice on proposals to
retain or enhance a particular governmental
power, consider whether the department, agency,
or element of the executive branch concerned
has explained--
(i) that there is adequate
supervision of the use by the executive
branch of the power to ensure
protection of privacy and civil
liberties;
(ii) that there are adequate
guidelines and oversight to properly
confine the use of the power; and
(iii) that the need for the power,
including the risk presented to the
national security if the Federal
Government does not take certain
actions, is balanced with the need to
protect privacy and civil liberties.
(2) Oversight.--The Board shall continually
review--
(A) regulations, executive branch policies,
and procedures (including the implementation of
such regulations, policies, and procedures),
related laws pertaining to efforts to protect
the Nation from terrorism, and other actions by
the executive branch related to efforts to
protect the Nation from terrorism to ensure
that privacy and civil liberties are protected;
and
(B) the information sharing practices of
the departments, agencies, and elements of the
executive branch to determine whether or not
such practices appropriately protect privacy
and civil liberties and adhere to the
information sharing guidelines under
subsections (d) and (f) of section 1016 and to
other applicable laws, regulations, and
executive branch policies regarding the
protection of privacy and civil liberties.
(3) Scope.--The Board shall ensure that concerns
with respect to privacy and civil liberties are
appropriately considered in the implementation of laws,
regulations, and executive branch policies related to
efforts to protect the Nation against terrorism.
(4) Reports to congress.--Not less frequently than
annually, the Board shall prepare a report to Congress,
unclassified to the greatest extent possible (with a
classified annex, if necessary), on the Board's major
activities during the preceding period.
(d) Access to Information.--
(1) Authorization.--If determined by the Board to
be necessary to carry out its responsibilities under
this section, the Board is authorized, to the extent
permitted by law, to--
(A) have access from any department or
agency of the executive branch, or any Federal
officer or employee of any such department or
agency, to all relevant records, reports,
audits, reviews, documents, papers,
recommendations, or other relevant material,
including classified information consistent
with applicable law;
(B) interview or take statements from
officers of any department or agency of the
executive branch;
(C) request information or assistance from
any State, tribal, or local government; and
(D)(i) request that persons (other than
departments, agencies, and elements of the
executive branch) produce for the Board
relevant information, documents, reports,
answers, records, accounts, papers, and other
documentary and testimonial evidence; and
(ii) if the person to whom such a request
is directed does not comply with the request
within 45 days of receipt of such request,
notify the Attorney General of such person's
failure to comply with such request, which
notice shall include all relevant information.
(2) Production of information and evidence.--
(A) Explanation of noncompliance.--Upon
receiving notification under paragraph
(1)(D)(ii) regarding a request, the Attorney
General shall provide an opportunity for the
person subject to the request to explain the
reasons for not complying with the request.
(B) Action by attorney general.--Upon
receiving notification under paragraph
(1)(D)(ii) regarding a request, the Attorney
General shall review the request and may take
such steps as appropriate to ensure compliance
with the request for the information,
documents, reports, answers, records, accounts,
papers, and other documentary and testimonial
evidence covered by the request.
(3) Agency cooperation.--Whenever information or
assistance requested under subparagraph (A) or (B) of
paragraph (1) is, in the judgment of the Board,
unreasonably refused or not provided, the Board shall
report the circumstances to the head of the department
or agency concerned without delay. If the requested
information or assistance may be provided to the Board
in accordance with applicable law, the head of the
department or agency concerned shall ensure compliance
with such request.
(4) Exceptions for national security.--
(A) In general.--If the National
Intelligence Director, in consultation with the
Attorney General, determines that it is
necessary to withhold information requested
under paragraph (3) to protect the national
security interests of the United States, the
head of the department or agency concerned
shall not furnish such information to the
Board.
(B) Certain information.--If the Attorney
General determines that it is necessary to
withhold information requested under paragraph
(3) from disclosure to protect sensitive law
enforcement or counterterrorism information or
ongoing operations, the head of the department
or agency concerned shall not furnish such
information to the Board.
(e) Membership.--
(1) Members.--
(A) In general.--The Board shall be
composed of a chairman, a vice chairman, and
three additional members appointed by the
President.
(B) Chairman and vice chairman.--The
chairman and vice chairman shall each be
appointed by the President, by and with the
advice and consent of the Senate.
(C) Appointment requirements.--Any
individual appointed to the Board shall be
appointed from among trustworthy and
distinguished citizens outside the Federal
Government who are qualified on the basis of
achievement, experience, and independence.
(D) Full-time service of chairman.--The
chairman may serve on a full-time basis.
(E) Service at pleasure of president.--The
chairman, vice chairman, and other members of
the Board shall each serve at the pleasure of
the President.
(2) Incompatible office.--An individual appointed
to the Board may not, while serving on the Board, be an
elected official, officer, or employee of the Federal
Government, other than in the capacity as a member of
the Board.
(3) Quorum and meetings.--The Board shall meet upon
the call of the chairman or a majority of its members.
Three members of the Board shall constitute a quorum.
(f) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman on full-time basis.--If the
chairman serves on a full-time basis, the rate
of pay for the chairman shall be the annual
rate of basic pay in effect for a position at
level III of the Executive Schedule under
section 5314 of title 5, United States Code.
(B) Chairman and vice chairman on part-time
basis.--The chairman, if serving on a part-time
basis, and the vice chairman shall be
compensated at a rate equal to the daily
equivalent of the annual rate of basic pay in
effect for a position at level III of the
Executive Schedule under section 5314 of title
5, United States Code, for each day during
which the such official is engaged in the
actual performance of the duties of the Board.
(C) Members.--Each member of the Board
shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic
pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title
5, United States Code, for each day during
which that member is engaged in the actual
performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for persons employed
intermittently by the Federal Government under section
5703(b) of title 5, United States Code, while away from
their homes or regular places of business in the
performance of services for the Board.
(g) Staff.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Board, shall
appoint and fix the compensation of an executive
director and such other personnel as may be necessary
to enable the Board to carry out its functions, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable
for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Detailees.--Federal employees may be detailed
to the Board without reimbursement from the Board, and
such detailee shall retain the rights, status, and
privileges of the detailee's regular employment without
interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, at rates that do not exceed the
daily rate paid a person occupying a position at level
IV of the Executive Schedule under section 5315 of such
title.
(h) Security Clearances.--The appropriate departments and
agencies of the executive branch shall cooperate with the Board
to expeditiously provide Board members and staff with
appropriate security clearances to the extent possible under
applicable procedures and requirements. Promptly upon
commencing its work, the Board shall adopt, after consultation
with the Secretary of Defense, the Attorney General, and the
National Intelligence Director, rules and procedures of the
Board for physical, communications, computer, document,
personnel, and other security in relation to the work of the
Board.
(i) Applicability of Certain Laws.--
(1) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
with respect to the Board and its activities.
(2) Freedom of information act.--For purposes of
the Freedom of Information Act, the Board shall be
treated as an agency (as that term is defined in
section 551(1) of title 5, United States Code).
(j) Construction.--Except as otherwise provided in this
section, nothing in this section shall be construed to require
any consultation with the Board by any department or agency of
the executive branch or any Federal officer or employee, or any
waiting period that must be observed by any department or
agency of the executive branch or any Federal officer or
employee, before developing, proposing, or implementing any
legislation, law, regulation, policy, or guideline related to
efforts to protect the Nation from terrorism.
(k) Presidential Responsibility.--The Board shall perform
its functions within the executive branch and under the general
supervision of the President.
(l) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL
LIBERTIES OFFICERS.
It is the sense of Congress that each executive department
or agency with law enforcement or antiterrorism functions
should designate a privacy and civil liberties officer.
Subtitle G--Conforming and Other Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF
NATIONAL INTELLIGENCE AND DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``Director of
National Intelligence'':
(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(D) Section 101(j) (50 U.S.C. 402(j)).
(E) Section 105(a) (50 U.S.C. 403-5(a)).
(F) Section 105(b)(6)(A) (50 U.S.C. 403-
5(b)(6)(A)).
(G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(H) Section 105B(b) (50 U.S.C. 403-5b(b)), the
first place it appears.
(I) Section 110(b) (50 U.S.C. 404e(b)).
(J) Section 110(c) (50 U.S.C. 404e(c)).
(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(Q) Section 115(b) (50 U.S.C. 404j(b)).
(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(S) Section 116(a) (50 U.S.C. 404k(a)).
(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(U) Section 303(a) (50 U.S.C. 405(a)), both places
it appears.
(V) Section 501(d) (50 U.S.C. 413(d)).
(W) Section 502(a) (50 U.S.C. 413a(a)).
(X) Section 502(c) (50 U.S.C. 413a(c)).
(Y) Section 503(b) (50 U.S.C. 413b(b)).
(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(CC) Section 603(a) (50 U.S.C. 423(a)).
(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(EE) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both
places it appears.
(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(HH) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both
places it appears.
(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(KK) Section 704(f)(2)(H) (50 U.S.C.
432b(f)(2)(H)).
(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)),
both places it appears.
(MM) Section 1001(a) (50 U.S.C. 441g(a)).
(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following
provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the
second place it appears.
(3) That Act is further amended by striking ``Director''
each place it appears in the following provisions and inserting
``Director of National Intelligence'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended
by striking ``Director of Central Intelligence'' and inserting
``Director of National Intelligence, the Director of the
Central Intelligence Agency''
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational
files of the Central Intelligence Agency may be
exempted by the Director of Central Intelligence'' and
inserting ``The Director of the Central Intelligence
Agency, with the coordination of the Director of
National Intelligence, may exempt operational files of
the Central Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``Director of
Central Intelligence'' and inserting ``Director of the
Central Intelligence Agency and the Director of
National Intelligence''.
(7) The heading for section 114 of that Act (50 U.S.C.
404i) is amended to read as follows:
``ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL
INTELLIGENCE''.
(b) Central Intelligence Agency Act of 1949.--(1) The
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by striking ``Director of Central
Intelligence'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places
it appears.
(2) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central Intelligence
Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both
places it appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section
101 of the Central Intelligence Agency Retirement Act (50
U.S.C. 2001) is amended by striking paragraph (2) and inserting
the following new paragraph (2):
``(2) Director.--The term `Director' means the
Director of the Central Intelligence Agency.''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of
section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 2001 note) is amended to read as
follows:
``(1) the term `Director' means the Director of the
Central Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``Director
of National Intelligence''.
(f) Classified Information Procedures Act.--Section 9(a) of
the Classified Information Procedures Act (5 U.S.C. App.) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of
the Counterintelligence and Security Enhancements Act
of 1994 (title VIII of Public Law 103-359) is amended
by striking ``Director of Central Intelligence'' and
inserting ``Director of National Intelligence''.
(2) Public law 107-306.--(A) The Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-
306) is amended by striking ``Director of Central
Intelligence, acting as the head of the intelligence
community,'' each place it appears in the following
provisions and inserting ``Director of National
Intelligence'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-
2(a)(1))
(B) That Act is further amended by striking
``Director of Central Intelligence'' each place it
appears in the following provisions and inserting
``Director of National Intelligence'':
(i) Section 904(e)(4) (50 U.S.C.
402c(e)(4)).
(ii) Section 904(e)(5) (50 U.S.C.
402c(e)(5)).
(iii) Section 904(h) (50 U.S.C. 402c(h)),
each place it appears.
(iv) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is
amended by striking ``Director of Central Intelligence,
acting as the head of the intelligence community, shall
establish in the Central Intelligence Agency'' and
inserting ``Director of National Intelligence shall
establish within the Central Intelligence Agency''.
(D) Section 352(b) of that Act (50 U.S.C. 404-3
note) is amended by striking ``Director'' and inserting
``Director of National Intelligence''.
(3) Public law 108-177.--(A) The Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-
177) is amended by striking ``Director of Central
Intelligence'' each place it appears in the following
provisions and inserting ``Director of National
Intelligence'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both
places it appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403
note) is amended by striking ``Director'' the first
place it appears and inserting ``Director of National
Intelligence''.
(C) Section 404 of that Act (18 U.S.C. 4124 note)
is amended by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency''.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) National Security Act of 1947.--(1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is amended
by striking ``Deputy Director of Central Intelligence'' and
inserting ``Principal Deputy Director of National
Intelligence''.
(2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) is
amended by striking ``The Secretary'' in the matter preceding
paragraph (1) and inserting ``Consistent with sections 102 and
102A, the Secretary''.
(3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is
amended by striking ``103 and 104'' in the matter preceding
paragraph (1) and inserting ``102 and 102A''.
(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking ``section 103(c)(6) of this Act'' and
inserting ``section 102A(i) of this Act''.
(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is
amended by striking ``to the Deputy Director of Central
Intelligence, or with respect to employees of the Central
Intelligence Agency, the Director may delegate such authority
to the Deputy Director for Operations'' and inserting ``to the
Principal Deputy Director of National Intelligence, or with
respect to employees of the Central Intelligence Agency, to the
Director of the Central Intelligence Agency''.
(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))
is amended by striking ``Office of the Deputy Director of
Central Intelligence'' and inserting ``Office of the Director
of National Intelligence''.
(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ``Office of the Director of Central
Intelligence'' and inserting ``Office of the Director of
National Intelligence''.
(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is
amended by striking ``Assistant Director of Central
Intelligence for Administration'' and inserting ``Office of the
Director of National Intelligence''.
(b) Central Intelligence Act of 1949.--Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is
amended by striking ``section 103(c)(7) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(7))'' and inserting
``section 102A(i) of the National Security Act of 1947''.
(c) Central Intelligence Agency Retirement Act.--Section
201(c) of the Central Intelligence Agency Retirement Act (50
U.S.C. 2011(c)) is amended by striking ``paragraph (6) of
section 103(c) of the National Security Act of 1947 (50 U.S.C.
403-3(c)) that the Director of Central Intelligence'' and
inserting ``section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403-3(c)(1)) that the Director of National
Intelligence''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--(A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003
(Public Law 107-306; 50 U.S.C. 404n-2(c)) is amended by
striking ``section 103(c)(6) of the National Security
Act of 1947 (50 U.S.C. 403-3((c)(6))'' and inserting
``section 102A(i) of the National Security Act of 1947
(50 U.S.C. 403-3(c)(1))''.
(B)(i) Section 902 of that Act (also known as the
Counterintelligence Enhancements Act of 2002) (50
U.S.C. 402b) is amended by striking ``President'' each
place it appears and inserting ``Director of National
Intelligence''.
(ii) Section 902(a)(2) of that Act is amended by
striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence
Agency''.
(C) Section 904 of that Act (50 U.S.C. 402c) is
amended--
(i) in subsection (c), by striking ``Office
of the Director of Central Intelligence'' and
inserting ``Office of the Director of National
Intelligence''; and
(ii) in subsection (l), by striking
``Office of the Director of Central
Intelligence'' and inserting ``Office of the
Director of National Intelligence''.
(2) Public law 108-177.--(A) Section 317 of the
Intelligence Authorization Act for Fiscal Year 2004
(Public Law 108-177; 50 U.S.C. 403-3 note) is amended--
(i) in subsection (g), by striking
``Assistant Director of Central Intelligence
for Analysis and Production'' and inserting
``Deputy Director of National Intelligence'';
and
(ii) in subsection (h)(2)(C), by striking
``Assistant Director'' and inserting ``Deputy
Director of National Intelligence''.
(B) Section 318(e) of that Act (50 U.S.C. 441g
note) is amended by striking ``Assistant Director of
Central Intelligence for Analysis and Production'' and
inserting ``Deputy Director of National Intelligence''.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY
ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
``(4) The term `intelligence community' includes
the following:
``(A) The Office of the Director of
National Intelligence.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence
Agency.
``(F) The National Reconnaissance Office.
``(G) Other offices within the Department
of Defense for the collection of specialized
national intelligence through reconnaissance
programs.
``(H) The intelligence elements of the
Army, the Navy, the Air Force, the Marine
Corps, the Federal Bureau of Investigation, and
the Department of Energy.
``(I) The Bureau of Intelligence and
Research of the Department of State.
``(J) The Office of Intelligence and
Analysis of the Department of the Treasury.
``(K) The elements of the Department of
Homeland Security concerned with the analysis
of intelligence information, including the
Office of Intelligence of the Coast Guard.
``(L) Such other elements of any other
department or agency as may be designated by
the President, or designated jointly by the
Director of National Intelligence and the head
of the department or agency concerned, as an
element of the intelligence community.''.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS
NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Paragraph (6) of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a) is amended by
striking ``Foreign''.
(b) Conforming Amendments.--(1)(A) Section 506 of the
National Security Act of 1947 (50 U.S.C. 415a) is amended--
(i) in subsection (a), by striking ``National
Foreign Intelligence Program'' and inserting ``National
Intelligence Program''; and
(ii) in the section heading, by striking
``foreign''.
(B) Section 105 of that Act (50 U.S.C. 403-5) is amended--
(i) in paragraphs (2) and (3) of subsection (a), by
striking ``National Foreign Intelligence Program'' and
inserting ``National Intelligence Program''; and
(ii) in the section heading, by striking
``foreign''.
(2) Section 17(f) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(f)) is amended by striking ``National
Foreign Intelligence Program'' and inserting ``National
Intelligence Program''.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C.
404f) is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents in the first section of the National
Security Act of 1947 is amended--
(1) by striking the items relating to sections 102
through 105 and inserting the following new items:
``Sec. 101A. Joint Intelligence Community Council.
``Sec. 102. Director of National Intelligence.
``Sec. 102A. Responsibilities and authorities of the Director of
National Intelligence.
``Sec. 103. Office of the Director of National Intelligence.
``Sec. 103A. Deputy Directors of National Intelligence.
``Sec. 103B. National Intelligence Council.
``Sec. 103C. General Counsel.
``Sec. 103D. Civil Liberties Protection Officer.
``Sec. 103E. Director of Science and Technology.
``Sec. 103F. National Counterintelligence Executive.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.
``Sec. 105. Responsibilities of the Secretary of Defense pertaining to
the National Intelligence Program.'';
(2) by striking the item relating to section 111;
(3) by striking the item relating to section 114
and inserting the following new item:
``Sec. 114. Additional annual reports from the Director of National
Intelligence.'';
(4) by inserting after the item relating to section
118 the following new items:
``Sec. 119. National Counterterrorism Center.
``Sec. 119A. National Counter Proliferation Center.
``Sec. 119B. National intelligence centers.
(5) by striking the item relating to section 506
and inserting the following new item:
``Sec. 506. Specificity of National Intelligence Program budget amounts
for counterterrorism, counterproliferation, counternarcotics,
and counterintelligence.'';
and
(6) by inserting after the item relating to section
1001 the following new items:
``Sec. 1002. Framework for cross-disciplinary education and training.
``Sec. 1003. Intelligence Community Scholarship Program.''.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE
OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c)
as paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated,
and inserting the following new paragraph (2):
``(2) `Director' means the Director of the Central
Intelligence Agency; and''.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
The Inspector General Act of 1978 (5 U.S.C. App.) is
amended by inserting after section 8J the following new
section:
``AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE
``Sec. 8K. If the Director of National Intelligence
determines that an Office of Inspector General would be
beneficial to improving the operations and effectiveness of the
Office of the Director of National Intelligence, the Director
of National Intelligence is authorized to establish, with any
of the duties, responsibilities, and authorities set forth in
this Act, an Office of Inspector General.''.
SEC. 1079. ETHICS MATTERS.
(a) Political Service of Personnel.--Section
7323(b)(2)(B)(i) of title 5, United States Code, is amended--
(1) in subclause (XII), by striking ``or'' at the
end; and
(2) by inserting after subclause (XIII) the
following new subclause:
``(XIV) the Office of the Director of
National Intelligence; or''.
(b) Deletion of Information About Foreign Gifts.--Section
7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by
striking ``the Director of Central Intelligence'' and
inserting ``the Director of the Central Intelligence
Agency''; and
(3) by adding at the end the following new
subparagraph:
``(B) In transmitting such listings for the Office of the
Director of National Intelligence, the Director of National
Intelligence may delete the information described in
subparagraphs (A) and (C) of paragraphs (2) and (3) if the
Director certifies in writing to the Secretary of State that
the publication of such information could adversely affect
United States intelligence sources.''.
(c) Exemption from Financial Disclosures.--Section
105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is
amended by inserting ``the Office of the Director of National
Intelligence,'' before ``the Central Intelligence Agency''.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL
INTELLIGENCE TO ACQUIRE AND MANAGE PROPERTY AND
SERVICES.
Section 113(e) of title 40, United States Code, is
amended--
(1) in paragraph (18), by striking ``or'' at the
end;
(2) in paragraph (19), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new
paragraph:
``(20) the Office of the Director of National
Intelligence.''.
SEC. 1081. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of
Intelligence Community.--Any reference to the Director of
Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of
the intelligence community in any law, regulation, document,
paper, or other record of the United States shall be deemed to
be a reference to the Director of National Intelligence.
(b) Director of Central Intelligence as Head of CIA.--Any
reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the Central Intelligence Agency in any
law, regulation, document, paper, or other record of the United
States shall be deemed to be a reference to the Director of the
Central Intelligence Agency.
(c) Community Management Staff.--Any reference to the
Community Management Staff in any law, regulation, document,
paper, or other record of the United States shall be deemed to
be a reference to the staff of the Office of the Director of
National Intelligence.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) Transfer.--There shall be transferred to the Office of
the Director of National Intelligence such staff of the
Community Management Staff as of the date of the enactment of
this Act as the Director of National Intelligence determines to
be appropriate, including all functions and activities
discharged by the Community Management Staff as of that date.
(b) Administration.--The Director of National Intelligence
shall administer the Community Management Staff after the date
of the enactment of this Act as a component of the Office of
the Director of National Intelligence under section 103 of the
National Security Act of 1947, as amended by section 1011(a) of
this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) Transfer.--There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center
(TTIC) or its successor entity, including all functions and
activities discharged by the Terrorist Threat Integration
Center or its successor entity as of the date of the enactment
of this Act.
(b) Administration.--The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act
as a component of the Directorate of Intelligence of the
National Counterterrorism Center under section 119(i) of the
National Security Act of 1947, as added by section 1021(a) of
this Act.
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL
INTELLIGENCE.
(a) Termination.--The positions referred to in subsection
(b) are hereby abolished.
(b) Covered Positions.--The positions referred to in this
subsection are as follows:
(1) The Assistant Director of Central Intelligence
for Collection.
(2) The Assistant Director of Central Intelligence
for Analysis and Production.
(3) The Assistant Director of Central Intelligence
for Administration.
SEC. 1094. IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the
implementation of this title and the amendments made by this
title. The plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and
obligations to the Director of National Intelligence
pursuant to this title.
(2) Any consolidation, reorganization, or
streamlining of activities transferred to the Director
of National Intelligence pursuant to this title.
(3) The establishment of offices within the Office
of the Director of National Intelligence to implement
the duties and responsibilities of the Director of
National Intelligence as described in this title.
(4) Specification of any proposed disposition of
property, facilities, contracts, records, and other
assets and obligations to be transferred to the
Director of National Intelligence.
(5) Recommendations for additional legislative or
administrative action as the President considers
appropriate.
SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION
OF INTELLIGENCE COMMUNITY REFORM.
(a) Report.--Not later than one year after the effective
date of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on
the progress made in the implementation of this title,
including the amendments made by this title. The report shall
include a comprehensive description of the progress made, and
may include such recommendations for additional legislative or
administrative action as the Director considers appropriate.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1096. TRANSITIONAL AUTHORITIES.
(a) In General.--Upon the request of the Director of
National Intelligence, the head of any executive agency may, on
a reimbursable basis, provide services or detail personnel to
the Director of National Intelligence.
(b) Transfer of Personnel.--In addition to any other
authorities available under law for such purposes, in the
fiscal year after the effective date of this Act, the Director
of National Intelligence--
(1) is authorized within the Office of the Director
of National Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office
of Management and Budget, may detail not more than 150
personnel funded within the National Intelligence
Program to the Office of the Director of National
Intelligence for a period of not more than 2 years.
SEC. 1097. EFFECTIVE DATES.
(a) In General.--Except as otherwise expressly provided in
this Act, this title and the amendments made by this title
shall take effect not later than six months after the date of
the enactment of this Act.
(b) Specific Effective Dates.--(1)(A) Not later than 60
days after the date of the appointment of the first Director of
National Intelligence, the Director of National Intelligence
shall first appoint individuals to positions within the Office
of the Director of National Intelligence.
(B) Subparagraph (A) shall not apply with respect to the
Principal Deputy Director of National Intelligence.
(2) Not later than 180 days after the effective date of
this Act, the President shall transmit to Congress the
implementation plan required by section 1094.
(3) Not later than one year after the date of the enactment
of this Act, the Director of National Intelligence shall
prescribe regulations, policies, procedures, standards, and
guidelines required under section 102A of the National Security
Act of 1947, as amended by section 1011(a) of this Act.
Subtitle I--Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION
SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE
OFFICERS.
(a) Study.--The Secretary of Defense shall conduct a study
of the promotion selection rates, and the selection rates for
attendance at professional military education schools, of
intelligence officers of the Armed Forces, particularly in
comparison to the rates for other officers of the same Armed
Force who are in the same grade and competitive category.
(b) Report.--The Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report providing the Secretary's findings resulting from the
study under subsection (a) and the Secretary's recommendations
(if any) for such changes in law as the Secretary considers
needed to ensure that intelligence officers, as a group, are
selected for promotion, and for attendance at professional
military education schools, at rates not less than the rates
for all line (or the equivalent) officers of the same Armed
Force (both in the zone and below the zone) in the same grade.
The report shall be submitted not later than April 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST
DECLASSIFICATION BOARD.
(a) Direction.--Section 703(a) of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-567;
114 Stat. 2856; 50 U.S.C. 435 note) is amended--
(1) by inserting ``(1)'' after ``Establishment.--
''; and
(2) by adding at the end the following new
paragraph:
``(2) The Board shall report directly to the President or,
upon designation by the President, the Vice President, the
Attorney General, or other designee of the President. The other
designee of the President under this paragraph may not be an
agency head or official authorized to classify information
under Executive Order 12958, or any successor order.''.
(b) Purposes.--Section 703(b) of that Act (114 Stat. 2856)
is amended by adding at the end the following new paragraph:
``(5) To review and make recommendations to the
President in a timely manner with respect to any
congressional request, made by the committee of
jurisdiction, to declassify certain records or to
reconsider a declination to declassify specific
records.''.
(c) Recommendations on Special Searches.--Section
704(c)(2)(A) of that Act (114 Stat. 2860) is amended by
inserting before the period the following: ``, and also
including specific requests for the declassification of certain
records or for the reconsideration of declinations to
declassify specific records''.
(d) Declassification Reviews.--Section 704 of that Act (114
Stat. 2859) is further amended by adding at the end the
following new subsection:
``(e) Declassification Reviews.--If requested by the
President, the Board shall review in a timely manner certain
records or declinations to declassify specific records, the
declassification of which has been the subject of specific
congressional request described in section 703(b)(5).''.
(e) Notification of Review.--Section 706 of that Act (114
Stat. 2861) is amended by adding at the end the following new
subsection:
``(f) Notification of Review.--In response to a specific
congressional request for declassification review described in
section 703(b)(5), the Board shall advise the originators of
the request in a timely manner whether the Board intends to
conduct such review.''.
(f) Extension.--Section 710(b) of that Act (114 Stat. 2864)
is amended by striking ``4 years'' and inserting ``8 years''.
SEC. 1103. SEVERABILITY.
If any provision of this Act, or an amendment made by this
Act, or the application of such provision to any person or
circumstance is held invalid, the remainder of this Act, or the
application of such provision to persons or circumstances other
than those to which such provision is held invalid shall not be
affected thereby.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks
Upon the United States in its final report stated that,
under Director Robert Mueller, the Federal Bureau of
Investigation has made significant progress in
improving its intelligence capabilities.
(2) In the report, the members of the Commission
also urged that the Federal Bureau of Investigation
fully institutionalize the shift of the Bureau to a
preventive counterterrorism posture.
(b) Improvement of Intelligence Capabilities.--The Director
of the Federal Bureau of Investigation shall continue efforts
to improve the intelligence capabilities of the Federal Bureau
of Investigation and to develop and maintain within the Bureau
a national intelligence workforce.
(c) National Intelligence Workforce.--(1) In developing and
maintaining a national intelligence workforce under subsection
(b), the Director of the Federal Bureau of Investigation shall,
develop and maintain a specialized and integrated national
intelligence workforce consisting of agents, analysts,
linguists, and surveillance specialists who are recruited,
trained, and rewarded in a manner which ensures the existence
within the Federal Bureau of Investigation an institutional
culture with substantial expertise in, and commitment to, the
intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both
criminal justice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable,
be given the opportunity to undergo, during such agent's early
service with the Bureau, meaningful assignments in criminal
justice matters and in national intelligence matters.
(4) The Director shall--
(A) establish career positions in national
intelligence matters for agents, analysts, and related
personnel of the Bureau; and
(B) in furtherance of the requirement under
subparagraph (A) and to the maximum extent practicable,
afford agents, analysts, and related personnel of the
Bureau the opportunity to work in the career specialty
selected by such agents, analysts, and related
personnel over their entire career with the Bureau.
(5) The Director shall carry out a program to enhance the
capacity of the Bureau to recruit and retain individuals with
backgrounds in intelligence, international relations, language,
technology, and other skills relevant to the intelligence
mission of the Bureau.
(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career
opportunities commensurate with the training and career
opportunities afforded analysts in other elements of the
intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field
Intelligence Group, and each Bureau Operational Manager at the
Section Chief and Assistant Special Agent in Charge (ASAC)
level and above, shall be a certified intelligence officer.
(8) The Director shall, to the maximum extent practicable,
ensure that the successful discharge of advanced training
courses, and of one or more assignments to another element of
the intelligence community, is a precondition to advancement to
higher level intelligence assignments within the Bureau.
(d) Field Office Matters.--(1) In improving the
intelligence capabilities of the Federal Bureau of
Investigation under subsection (b), the Director of the Federal
Bureau of Investigation shall ensure that each Field
Intelligence Group reports directly to a field office senior
manager responsible for intelligence matters.
(2) The Director shall provide for such expansion of the
secure facilities in the field offices of the Bureau as is
necessary to ensure the discharge by the field offices of the
intelligence mission of the Bureau.
(3) The Director shall require that each Field Intelligence
Group manager ensures the integration of analysts, agents,
linguists, and surveillance personnel in the field.
(e) Discharge of Improvements.--(1) The Director of the
Federal Bureau of Investigation shall carry out subsections (b)
through (d) through the head of the Directorate of Intelligence
of the Federal Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation
shall carry out subsections (b) through (d) under the joint
guidance of the Attorney General and the National Intelligence
Director in a manner consistent with section 112(e).
(f) Budget Matters.--The Director of the Federal Bureau of
Investigation shall, establish a budget structure of the
Federal Bureau of Investigation to reflect the four principal
missions of the Bureau as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) Reports.--(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to Congress a report on the
progress made as of the date of such report in carrying out the
requirements of this section.
(2) The Director shall include in each annual program
review of the Federal Bureau of Investigation that is submitted
to Congress a report on the progress made by each field office
of the Bureau during the period covered by such review in
addressing Bureau and national program priorities.
(3) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall
submit to Congress a report assessing the qualifications,
status, and roles of analysts at Bureau headquarters and in the
field offices of the Bureau.
(4) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall
submit to Congress a report on the progress of the Bureau in
implementing information-sharing principles.
SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Directorate of Intelligence of Federal Bureau of
Investigation.--The element of the Federal Bureau of
Investigation known as of the date of the enactment of this Act
as the Office of Intelligence is hereby redesignated as the
Directorate of Intelligence of the Federal Bureau of
Investigation.
(b) Head of Directorate.--The head of the Directorate of
Intelligence shall be the Executive Assistant Director for
Intelligence of the Federal Bureau of Investigation.
(c) Responsibilities.--The Directorate of Intelligence
shall be responsible for the following:
(1) Supervision of all national intelligence
programs, projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements
in section 105B of the National Security Act of 1947
(50 U.S.C. 403-5b).
(3) The oversight of Bureau field intelligence
operations.
(4) Coordinating human source development and
management by the Bureau.
(5) Coordinating collection by the Bureau against
nationally-determined intelligence requirements.
(6) Strategic analysis.
(7) Intelligence program and budget management.
(8) The intelligence workforce.
(9) Any other responsibilities specified by the
Director of the Federal Bureau of Investigation or
specified by law.
(d) Staff.--The Directorate of Intelligence shall consist
of such staff as the Director of the Federal Bureau of
Investigation considers appropriate for the activities of the
Directorate.
SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
(a) Establishment of Federal Bureau of Investigation
Intelligence Career Service.--The Director of the Federal
Bureau of Investigation may--
(1) in consultation with the Director of the Office
of Personnel Management--
(A) establish positions for intelligence
analysts, and prescribe standards and
procedures for establishing and classifying
such positions, without regard to chapter 51 of
title 5, United States Code; and
(B) fix the rate of basic pay for such
positions, without regard to subchapter III of
chapter 53 of title 5, United States Code, if
the rate of pay is not greater than the rate of
basic pay payable for level IV of the Executive
Schedule;
(2) appoint individuals to such positions; and
(3) establish a performance management system for
such individuals with at least one level of performance
above a retention standard.
(b) Reporting Requirement.--Not less than 60 days before
the date of the implementation of authorities authorized under
this section, the Director of the Federal Bureau of
Investigation shall submit an operating plan describing the
Director's intended use of the authorities under this section
to the appropriate committees of Congress.
(c) Annual Report.--Not later than December 31, 2005, and
annually thereafter for 4 years, the Director of the Federal
Bureau of Investigation shall submit an annual report of the
use of the permanent authorities provided under this section
during the preceding fiscal year to the appropriate committees
of Congress.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress
means''--
(1) the Committees on Appropriations, Homeland
Security and Governmental Affairs, and the Judiciary
and the Select Committee on Intelligence of the Senate;
and
(2) the Committees on Appropriations, Government
Reform, and the Judiciary and the Permanent Select
Committee on Intelligence of the House of
Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General.--Chapter 35 of title 5, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training of
a Federal Bureau of Investigation Reserve Service (hereinafter
in this section referred to as the `FBI Reserve Service') for
temporary reemployment of employees in the Bureau during
periods of emergency, as determined by the Director.
``(b) Membership.--Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-
time employees of the Bureau.
``(c) Annuitants.--If an individual receiving an annuity
from the Civil Service Retirement and Disability Fund on the
basis of such individual's service becomes temporarily
reemployed pursuant to this section, such annuity shall not be
discontinued thereby. An individual so reemployed shall not be
considered an employee for the purposes of chapter 83 or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve
Service members reemployed on a temporary basis pursuant to
this section shall not count against any personnel ceiling
applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the
FBI Reserve Service transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this
title, for the purpose of participating in any training that
relates to service as a member of the FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI
Reserve Service is not to exceed 500 members at any given time.
``(g) Limitation on Duration of Service.--An individual may
not be reemployed under this section for more than 180 days in
connection with any particular emergency unless, in the
judgment of the Director, the public interest so requires.''.
(b) Clerical Amendment.--The analysis for chapter 35 of
title 5, United States Code, is amended by adding at the end
the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``3598. Federal Bureau of Investigation Reserve Service.''.
SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE.
(a) Civil Service Retirement System.--Section 8335(b) of
title 5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal
Bureau of Investigation, the second sentence of
paragraph (1) shall be applied by substituting `65
years of age' for `60 years of age'. The Federal Bureau
of Investigation may not grant more than 50 exemptions
in any fiscal year in accordance with the preceding
sentence, and the authority to grant such exemptions
shall cease to be available after September 30,
2007.''.
(b) Federal Employees' Retirement System.--Section 8425(b)
of title 5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)'';
and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal
Bureau of Investigation, the second sentence of
paragraph (1) shall be applied by substituting `65
years of age' for `60 years of age'. The Federal Bureau
of Investigation may not grant more than 50 exemptions
in any fiscal year in accordance with the preceding
sentence, and the authority to grant such exemptions
shall cease to be available after September 30,
2007.''.
SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS.
Not later than 30 days after the date of the enactment of
this Act, and annually thereafter, the Attorney General of the
United States shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report that contains, with respect to each
preceding 12-month period--
(1) the number of translators employed, or
contracted for, by the Federal Bureau of Investigation
or other components of the Department of Justice;
(2) any legal or practical impediments to using
translators employed by the Federal, State, or local
agencies on a full-time, part-time, or shared basis;
(3) the needs of the Federal Bureau of
Investigation for the specific translation services in
certain languages, and recommendations for meeting
those needs;
(4) the status of any automated statistical
reporting system, including implementation and future
viability;
(5) the storage capabilities of the digital
collection system or systems utilized;
(6) a description of the establishment and
compliance with audio retention policies that satisfy
the investigative and intelligence goals of the Federal
Bureau of Investigation; and
(7) a description of the implementation of quality
control procedures and mechanisms for monitoring
compliance with quality control procedures.
TITLE III--SECURITY CLEARANCES
SEC. 3001. SECURITY CLEARANCES.
(a) Definitions.--In this section:
(1) The term ``agency'' means--
(A) an executive agency (as that term is
defined in section 105 of title 5, United
States Code);
(B) a military department (as that term is
defined in section 102 of title 5, United
States Code); and
(C) an element of the intelligence
community.
(2) The term ``authorized investigative agency''
means an agency designated by the head of the agency
selected pursuant to subsection (b) to conduct a
counterintelligence investigation or investigation of
persons who are proposed for access to classified
information to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to such
information.
(3) The term ``authorized adjudicative agency''
means an agency authorized by law, regulation, or
direction of the Director of National Intelligence to
determine eligibility for access to classified
information in accordance with Executive Order 12968.
(4) The term ``highly sensitive program'' means--
(A) a government program designated as a
Special Access Program (as that term is defined
in section 4.1(h) of Executive Order 12958 or
any successor Executive order); or
(B) a government program that applies
restrictions required for--
(i) restricted data (as that term
is defined in section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C.
2014(y)); or
(ii) other information commonly
referred to as ``sensitive
compartmented information''.
(5) The term ``current investigation file'' means,
with respect to a security clearance, a file on an
investigation or adjudication that has been conducted
during--
(A) the 5-year period beginning on the date
the security clearance was granted, in the case
of a Top Secret Clearance, or the date access
was granted to a highly sensitive program;
(B) the 10-year period beginning on the
date the security clearance was granted in the
case of a Secret Clearance; and
(C) the 15-year period beginning on the
date the security clearance was granted in the
case of a Confidential Clearance.
(6) The term ``personnel security investigation''
means any investigation required for the purpose of
determining the eligibility of any military, civilian,
or government contractor personnel to access classified
information.
(7) The term ``periodic reinvestigations'' means
investigations conducted for the purpose of updating a
previously completed background investigation--
(A) every 5 years in the case of a top
secret clearance or access to a highly
sensitive program;
(B) every 10 years in the case of a secret
clearance; or
(C) every 15 years in the case of a
Confidential Clearance.
(8) The term ``appropriate committees of Congress''
means--
(A) the Permanent Select Committee on
Intelligence and the Committees on Armed
Services, Homeland Security, Government Reform,
and the Judiciary of the House of
Representatives; and
(B) the Select Committee on Intelligence
and the Committees on Armed Services, Homeland
Security and Governmental Affairs, and the
Judiciary of the Senate.
(b) Selection of Entity.--Not later than 90 days after the
date of the enactment of this Act, the President shall select a
single department, agency, or element of the executive branch
to be responsible for--
(1) directing day-to-day oversight of
investigations and adjudications for personnel security
clearances, including for highly sensitive programs,
throughout the United States Government;
(2) developing and implementing uniform and
consistent policies and procedures to ensure the
effective, efficient, and timely completion of security
clearances and determinations for access to highly
sensitive programs, including the standardization of
security questionnaires, financial disclosure
requirements for security clearance applicants, and
polygraph policies and procedures;
(3) serving as the final authority to designate an
authorized investigative agency or authorized
adjudicative agency;
(4) ensuring reciprocal recognition of access to
classified information among the agencies of the United
States Government, including acting as the final
authority to arbitrate and resolve disputes involving
the reciprocity of security clearances and access to
highly sensitive programs pursuant to subsection (d);
(5) ensuring, to the maximum extent practicable,
that sufficient resources are available in each agency
to achieve clearance and investigative program goals;
and
(6) reviewing and coordinating the development of
tools and techniques for enhancing the conduct of
investigations and granting of clearances.
(c) Performance of Security Clearance Investigations.--(1)
Notwithstanding any other provision of law, not later than 180
days after the date of the enactment of this Act, the President
shall, in consultation with the head of the entity selected
pursuant to subsection (b), select a single agency of the
executive branch to conduct, to the maximum extent practicable,
security clearance investigations of employees and contractor
personnel of the United States Government who require access to
classified information and to provide and maintain all security
clearances of such employees and contractor personnel. The head
of the entity selected pursuant to subsection (b) may designate
other agencies to conduct such investigations if the head of
the entity selected pursuant to subsection (b) considers it
appropriate for national security and efficiency purposes.
(2) The agency selected under paragraph (1) shall--
(A) take all necessary actions to carry out the
requirements of this section, including entering into a
memorandum of understanding with any agency carrying
out responsibilities relating to security clearances or
security clearance investigations before the date of
the enactment of this Act;
(B) as soon as practicable, integrate reporting of
security clearance applications, security clearance
investigations, and determinations of eligibility for
security clearances, with the database required by
subsection (e); and
(C) ensure that security clearance investigations
are conducted in accordance with uniform standards and
requirements established under subsection (b),
including uniform security questionnaires and financial
disclosure requirements.
(d) Reciprocity of Security Clearance and Access
Determinations.--(1) All security clearance background
investigations and determinations completed by an authorized
investigative agency or authorized adjudicative agency shall be
accepted by all agencies.
(2) All security clearance background investigations
initiated by an authorized investigative agency shall be
transferable to any other authorized investigative agency.
(3)(A) An authorized investigative agency or authorized
adjudicative agency may not establish additional investigative
or adjudicative requirements (other than requirements for the
conduct of apolygraph examination) that exceed requirements
specified in Executive Orders establishing security requirements for
access to classified information without the approval of the head of
the entity selected pursuant to subsection (b).
(B) Notwithstanding subparagraph (A), the head of the
entity selected pursuant to subsection (b) may establish such
additional requirements as the head of such entity considers
necessary for national security purposes.
(4) An authorized investigative agency or authorized
adjudicative agency may not conduct an investigation for
purposes of determining whether to grant a security clearance
to an individual where a current investigation or clearance of
equal level already exists or has been granted by another
authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may disallow the reciprocal recognition of an individual
security clearance by an agency under this section on a case-
by-case basis if the head of the entity selected pursuant to
subsection (b) determines that such action is necessary for
national security purposes.
(6) The head of the entity selected pursuant to subsection
(b) shall establish a review procedure by which agencies can
seek review of actions required under this section.
(e) Database on Security Clearances.--(1) Not later than 12
months after the date of the enactment of this Act, the
Director of the Office of Personnel Management shall, in
cooperation with the heads of the entities selected pursuant to
subsections (b) and (c), establish and commence operating and
maintaining an integrated, secure, database into which
appropriate data relevant to the granting, denial, or
revocation of a security clearance or access pertaining to
military, civilian, or government contractor personnel shall be
entered from all authorized investigative and adjudicative
agencies.
(2) The database under this subsection shall function to
integrate information from existing Federal clearance tracking
systems from other authorized investigative and adjudicative
agencies into a single consolidated database.
(3) Each authorized investigative or adjudicative agency
shall check the database under this subsection to determine
whether an individual the agency has identified as requiring a
security clearance has already been granted or denied a
security clearance, or has had a security clearance revoked, by
any other authorized investigative or adjudicative agency.
(4) The head of the entity selected pursuant to subsection
(b) shall evaluate the extent to which an agency is submitting
information to, and requesting information from, the database
under this subsection as part of a determination of whether to
certify the agency as an authorized investigative agency or
authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may authorize an agency to withhold information about
certain individuals from the database under this subsection if
the head of the entity considers it necessary for national
security purposes.
(f) Evaluation of Use of Available Technology in Clearance
Investigations and Adjudications.--(1) The head of the entity
selected pursuant to subsection (b) shall evaluate the use of
available information technology and databases to expedite
investigative and adjudicative processes for all and to verify
standard information submitted as part of an application for a
security clearance.
(2) The evaluation shall assess the application of the
technologies described in paragraph (1) for--
(A) granting interim clearances to applicants at
the secret, top secret, and special access program
levels before the completion of the appropriate full
investigation;
(B) expediting investigations and adjudications of
security clearances, including verification of
information submitted by the applicant;
(C) ongoing verification of suitability of
personnel with security clearances in effect for
continued access to classified information;
(D) use of such technologies to augment periodic
reinvestigations;
(E) assessing the impact of the use of such
technologies on the rights of applicants to verify,
correct, or challenge information obtained through such
technologies; and
(F) such other purposes as the head of the entity
selected pursuant to subsection (b) considers
appropriate.
(3) An individual subject to verification utilizing the
technology described in paragraph (1) shall be notified of such
verification, shall provide consent to such use, and shall have
access to data being verified in order to correct errors or
challenge information the individual believes is incorrect.
(4) Not later than one year after the date of the enactment
of this Act, the head of the entity selected pursuant to
subsection (b) shall submit to the President and the
appropriate committees of Congress a report on the results of
the evaluation, including recommendations on the use of
technologies described in paragraph (1).
(g) Reduction in Length of Personnel Security Clearance
Process.--(1) The head of the entity selected pursuant to
subsection (b) shall, within 90 days of selection under that
subsection, develop, in consultation with the appropriate
committees of Congress and each authorized adjudicative agency,
a plan to reduce the length of the personnel security clearance
process.
(2)(A) To the extent practical the plan under paragraph (1)
shall require that each authorized adjudicative agency make a
determination on at least 90 percent of all applications for a
personnel security clearance within an average of 60 days after
the date of receipt of the completed application for a security
clearance by an authorized investigative agency. Such 60-day
average period shall include--
(i) a period of not longer than 40 days to complete
the investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to
complete the adjudicative phase of the clearance
review.
(B) Determinations on clearances not made within 60 days
shall be made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5
years after the date of the enactment of this Act.
(B) During the period beginning on a date not later than 2
years after the date after the enactment of this Act and ending
on the date on which the plan under paragraph (1) takes effect,
each authorized adjudicative agency shall make a determination
on at least 80 percent of all applications for a personnel
security clearance pursuant to this section within an average
of 120 days after the date of receipt of the application for a
security clearance by an authorized investigative agency. Such
120-day average period shall include--
(i) a period of not longer than 90 days to complete
the investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to
complete the adjudicative phase of the clearance
review.
(h) Reports.--(1) Not later than February 15, 2006, and
annually thereafter through 2011, the head of the entity
selected pursuant to subsection (b) shall submit to the
appropriate committees of Congress a report on the progress
made during the preceding year toward meeting the requirements
of this section.
(2) Each report shall include, for the period covered by
such report--
(A) the periods of time required by the authorized
investigative agencies and authorized adjudicative
agencies for conducting investigations, adjudicating
cases, and granting clearances, from date of submission
to ultimate disposition and notification to the subject
and the subject's employer;
(B) a discussion of any impediments to the smooth
and timely functioning of the requirements of this
section; and
(C) such other information or recommendations as
the head of the entity selected pursuant to subsection
(b) considers appropriate.
(i) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for fiscal
year 2005 and each fiscal year thereafter for the
implementation, maintenance, and operation of the database
required by subsection (e).
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) In General.--Section 114 of title 49, United States
Code, is amended by adding at the end the following:
``(t) Transportation Security Strategic Planning.--
``(1) In general.--The Secretary of Homeland
Security shall develop, prepare, implement, and update,
as needed--
``(A) a National Strategy for
Transportation Security; and
``(B) transportation modal security plans.
``(2) Role of secretary of transportation.--The
Secretary of Homeland Security shall work jointly with
the Secretary of Transportation in developing,
revising, and updating the documents required by
paragraph (1).
``(3) Contents of national strategy for
transportation security.--The National Strategy for
Transportation Security shall include the following:
``(A) An identification and evaluation of
the transportation assets in the United States
that, in the interests of national security and
commerce, must be protected from attack or
disruption by terrorist or other hostile
forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public
transportation infrastructure assets that could
be at risk of such an attack or disruption.
``(B) The development of risk-based
priorities across all transportation modes and
realistic deadlines for addressing security
needs associated with those assets referred to
in subparagraph (A).
``(C) The most appropriate, practical, and
cost-effective means of defending those assets
against threats to their security.
``(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, state, regional, and local
authorities and establishes mechanisms for
encouraging private sector cooperation and
participation in the implementation of such
plan.
``(E) A comprehensive delineation of
response and recovery responsibilities and
issues regarding threatened and executed acts
of terrorism within the United States.
``(F) A prioritization of research and
development objectives that support
transportation security needs, giving a higher
priority to research and development directed
toward protecting vital transportation assets.
``(4) Submissions of plans to congress.--
``(A) Initial strategy.--The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans,
developed under this subsection to the
appropriate congressional committees not later
than April 1, 2005.
``(B) Subsequent versions.--After December
31, 2005, the Secretary of Homeland Security
shall submit the National Strategy for
Transportation Security, including the
transportation modal security plans and any
revisions to the National Strategy for
Transportation Security and the transportation
modal security plans, to appropriate
congressional committees not less frequently
than April 1 of each even-numbered year.
``(C) Periodic progress report.--
``(i) Requirement for report.--Each
year, in conjunction with the
submission of the budget to Congress
under section 1105(a) of title 31,
United States Code, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees an
assessment of the progress made on
implementing the National Strategy for
Transportation Security.
``(ii) Content.--Each progress
report under this subparagraph shall
include, at a minimum, recommendations
for improving and implementing the
National Strategy for Transportation
Security and the transportation modal
security plans that the Secretary, in
consultation with the Secretary of
Transportation, considers appropriate.
``(D) Classified material.--Any part of the
National Strategy for Transportation Security
or the transportation modal security plans that
involve information that is properly classified
under criteria established by Executive order
shall be submitted to the appropriate
congressional committees separately in a
classified format.
``(E) Appropriate congressional committees
defined.--In this subsection, the term
``appropriate congressional committees'' means
the Committee on Transportation and
Infrastructure and the Select Committee on
Homeland Security of the House of
Representatives and the Committee on Commerce,
Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs
of the Senate.
``(5) Priority Status.--
``(A) In general.--The National Strategy
for Transportation Security shall be the
governing document for Federal transportation
security efforts.
``(B) Other plans and reports.--The
National Strategy for Transportation Security
shall include, as an integral part or as an
appendix--
``(i) the current National Maritime
Transportation Security Plan under
section 70103 of title 46;
``(ii) the report required by
section 44938 of this title;
``(iii) transportation modal
security plans required under this
section; and
``(iv) any other transportation
security plan or report that the
Secretary of Homeland Security
determines appropriate for
inclusion.''.
(b) Aviation Security Planning; Operational Criteria.--
Section 44904 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection
(e); and
(2) by inserting after subsection (b) the
following:
``(c) Modal Security Plan for Aviation.--In addition to the
requirements set forth in subparagraphs (B) through (F) of
section 114(t)(3), the modal security plan for aviation
prepared under section 114(t) shall--
``(1) establish a damage mitigation and recovery
plan for the aviation system in the event of a
terrorist attack; and
``(2) include a threat matrix document that
outlines each threat to the United States civil
aviation system and the corresponding layers of
security in place to address such threat.
``(d) Operational Criteria.--Not later than 90 days after
the date of the submission of the National Strategy for
TransportationSecurity under section 114(t)(4)(A), the
Assistant Secretary of Homeland Security (Transportation Security
Administration) shall issue operational criteria to protect airport
infrastructure and operations against the threats identified in the
plans prepared under section 114(t)(1) and shall approve best practices
guidelines for airport assets.''.
Subtitle B--Aviation Security
SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) Use of Biometric Identifier Technology.--Section
44903(h) of title 49, United States Code, is amended--
(1) in paragraph (4)(E) by striking ``may provide
for'' and inserting ``shall issue, not later than March
31, 2005, guidance for''; and
(2) by adding at the end the following:
``(5) Use of biometric technology in airport access
control systems.--In issuing guidance under paragraph
(4)(E), the Assistant Secretary of Homeland Security
(Transportation Security Administration) in
consultation with representatives of the aviation
industry, the biometric identifier industry, and the
National Institute of Standards and Technology, shall
establish, at a minimum--
``(A) comprehensive technical and
operational system requirements and performance
standards for the use of biometric identifier
technology in airport access control systems
(including airport perimeter access control
systems) to ensure that the biometric
identifier systems are effective, reliable, and
secure;
``(B) a list of products and vendors that
meet the requirements and standards set forth
in subparagraph (A);
``(C) procedures for implementing biometric
identifier systems--
``(i) to ensure that individuals do
not use an assumed identity to enroll
in a biometric identifier system; and
``(ii) to resolve failures to
enroll, false matches, and false non-
matches; and
``(D) best practices for incorporating
biometric identifier technology into airport
access control systems in the most effective
manner, including a process to best utilize
existing airport access control systems,
facilities, and equipment and existing data
networks connecting airports.
``(6) Use of biometric technology for law
enforcement officer travel.--
``(A) In general.--Not later than 120 days
after the date of enactment of this paragraph,
the Assistant Secretary, in consultation with
the Attorney General, shall--
``(i) establish a law enforcement
officer travel credential that
incorporates biometric identifier
technology and is uniform across all
Federal, State, local, tribal, and
territorial government law enforcement
agencies;
``(ii) establish a process by which
the travel credential will be used to
verify the identity of a Federal,
State, local, tribal, or territorial
law enforcement officer seeking to
carry a weapon on board an aircraft,
without unnecessarily disclosing to the
public that the individual is a law
enforcement officer;
``(iii) establish procedures--
``(I) to ensure that only
Federal, State, local, tribal,
and territorial government law
enforcement officers are issued
a law enforcement travel
credential;
``(II) to resolve failures
to enroll, false matches, and
false non-matches relating to
use of the law enforcement
travel credential; and
``(III) to invalidate any
law enforcement travel
credential that is lost,
stolen, or no longer authorized
for use;
``(iv) begin issuance of the travel
credential to each Federal, State,
local, tribal, or territorial
government law enforcement officer
authorized by the Assistant Secretary
to carry a weapon on board an aircraft;
and
``(v) take such other actions with
respect to the travel credential as the
Assistant Secretary considers
appropriate.
``(B) Funding.--There is authorized to be
appropriated such sums as may be necessary to
carry out this paragraph.
``(7) Definitions.--In this subsection, the
following definitions apply:
``(A) Biometric identifier information.--
The term `biometric identifier information'
means the distinct physical or behavioral
characteristics of an individual that are used
for unique identification, or verification of
the identity, of an individual.
``(B) Biometric identifier.--The term
`biometric identifier' means a technology that
enables the automated identification, or
verification of the identity, of an individual
based on biometric information.
``(C) Failure to enroll.--The term `failure
to enroll' means the inability of an individual
to enroll in a biometric identifier system due
to an insufficiently distinctive biometric
sample, the lack of a body part necessary to
provide the biometric sample, a system design
that makes it difficult to provide consistent
biometric identifier information, or other
factors.
``(D) False match.--The term `false match'
means the incorrect matching of one
individual's biometric identifier information
to another individual's biometric identifier
information by a biometric identifier system.
``(E) False non-match.--The term `false
non-match' means the rejection of a valid
identity by a biometric identifier system.
``(F) Secure area of an airport.--The term
`secure area of an airport' means the sterile
area and the Secure Identification Display Area
of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to
such section).''.
(b) Aviation Security Research and Development.--There is
authorized to be appropriated to the Secretary of Homeland
Security for the use of the Transportation Security
Administration $20,000,000, in addition to any amounts
otherwise authorized by law, for research and development of
advanced biometric technology applications to aviation
security, including mass identification technology.
(c) Sense of Congress on Transfer of Technology.--It is the
sense of Congress that the national intelligence community and
the Department of Homeland Security should share information on
and technological advancements to biometric systems, biometric
technology, and biometric identifier systems obtained through
research and development programs conducted by various Federal
agencies.
(d) Biometric Center of Excellence.--There is authorized to
be appropriated $1,000,000, in addition to any amounts
otherwise authorized by law, for the establishment of a
competitive center of excellence that will develop and expedite
the Federal Government's use of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) In General.--
(1) Domestic flights.--Section 44903(j)(2) of title
49, United States Code, is amended by adding at the end
the following:
``(C) Advanced airline passenger
prescreening.--
``(i) Commencement of testing.--Not
later than January 1, 2005, the
Assistant Secretary of Homeland
Security (Transportation Security
Administration), or the designee of the
Assistant Secretary, shall commence
testing of an advanced passenger
prescreening system that will allow the
Department of Homeland Security to
assume the performance of comparing
passenger information, as defined by
the Assistant Secretary, to the
automatic selectee and no fly lists,
utilizing all appropriate records in
the consolidated and integrated
terrorist watchlist maintained by the
Federal Government.
``(ii) Assumption of function.--Not
later than 180 days after completion of
testing under clause (i), the Assistant
Secretary, or the designee of the
Assistant Secretary, shall begin to
assume the performance of the passenger
prescreening function of comparing
passenger information to the automatic
selectee and no fly lists and utilize
all appropriate records in the
consolidated and integrated terrorist
watchlist maintained by the Federal
Government in performing that function.
``(iii) Requirements.--In assuming
performance of the function under
clause (ii), the Assistant Secretary
shall--
``(I) establish a procedure
to enable airline passengers,
who are delayed or prohibited
from boarding a flight because
the advanced passenger
prescreening system determined
that they might pose a security
threat, to appeal such
determination and correct
information contained in the
system;
``(II) ensure that Federal
Government databases that will
be used to establish the
identity of a passenger under
the system will not produce a
large number of false
positives;
``(III) establish an
internal oversight board to
oversee and monitor the manner
in which the system is being
implemented;
``(IV) establish sufficient
operational safeguards to
reduce the opportunities for
abuse;
``(V) implement substantial
security measures to protect
the system from unauthorized
access;
``(VI) adopt policies
establishing effective
oversight of the use and
operation of the system; and
``(VII) ensure that there
are no specific privacy
concerns with the technological
architecture of the system.
``(iv) Passenger information.--Not
later than 180 days after the
completion of the testing of the
advanced passenger prescreening system,
the Assistant Secretary, by order or
interim final rule--
``(I) shall require air
carriers to supply to the
Assistant Secretary the
passenger information needed to
begin implementing the advanced
passenger prescreening system;
and
``(II) shall require
entities that provide systems
and services to air carriers in
the operation of air carrier
reservations systems to provide
to air carriers passenger
information in possession of
such entities, but only to the
extent necessary to comply with
subclause (I).
``(D) Screening of employees against
watchlist.--The Assistant Secretary of Homeland
Security (Transportation Security
Administration), in coordination with the
Secretary of Transportation and the
Administrator of the Federal Aviation
Administration, shall ensure that individuals
are screened against all appropriate records in
the consolidated and integrated terrorist
watchlist maintained by the Federal Government
before--
``(i) being certificated by the
Federal Aviation Administration;
``(ii) being granted unescorted
access to the secure area of an
airport; or
``(iii) being granted unescorted
access to the air operations area (as
defined in section 1540.5 of title 49,
Code of Federal Regulations, or any
successor regulation to such section)
of an airport.
``(E) Aircraft charter customer and lessee
prescreening.--
``(i) In general.--Not later than
90 days after the date on which the
Assistant Secretary assumes the
performance of the advanced passenger
prescreening function under
subparagraph (C)(ii), the Assistant
Secretary shall establish a process by
which operators of aircraft to be used
in charter air transportation with a
maximum takeoff weight greater than
12,500 pounds and lessors of aircraft
with a maximum takeoff weight greater
than 12,500 pounds may--
``(I) request the
Department of Homeland Security
to use the advanced passenger
prescreening system to compare
information about any
individual seeking to charter
an aircraft with a maximum
takeoff weight greater than
12,500 pounds, any passenger
proposed to be transported
aboard such aircraft, and any
individual seeking to lease an
aircraft with a maximum takeoff
weight greater than 12,500
pounds to the automatic
selectee and no fly lists,
utilizing all appropriate
records in the consolidated and
integrated terrorist watchlist
maintained by the Federal
Government; and
``(II) refuse to charter or
lease an aircraft with a
maximum takeoff weight greater
than 12,500 pounds to or
transport aboard such aircraft
any persons identified on such
watch list.
``(ii) Requirements.--The
requirements of subparagraph (C)(iii)
shall apply to this subparagraph.
``(iii) No fly and automatic
selectee lists.--The Secretary of
Homeland Security, in consultation with
the Terrorist Screening Center, shall
design and review, as necessary,
guidelines, policies, and operating
procedures for the collection, removal,
and updating of data maintained, or to
be maintained, in the no fly and
automatic selectee lists.
``(F) Applicability.--Section 607 of the
Vision 100--Century of Aviation Reauthorization
Act (49 U.S.C. 44903 note; 117 Stat. 2568)
shall not apply to the advanced passenger
prescreening system established under
subparagraph (C).
``(G) Appeal procedures.--
``(i) In general.--The Assistant
Secretary shall establish a timely and
fair process for individuals identified
as a threat under one or more of
subparagraphs (C), (D), and (E) to
appeal to the Transportation Security
Administration the determination and
correct any erroneous information.
``(ii) Records.--The process shall
include the establishment of a method
by which the Assistant Secretary will
be able to maintain a record of air
passengers and other individuals who
have been misidentified and have
corrected erroneous information. To
prevent repeated delays of
misidentified passengers and other
individuals, the Transportation
Security Administration record shall
contain information determined by the
Assistant Secretary to authenticate the
identity of such a passenger or
individual.
``(H) Definition.--In this paragraph, the
term `secure area of an airport' means the
sterile area and the Secure Identification
Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of
Federal Regulations, or any successor
regulation to such section).''.
(2) International flights.--Section 44909(c) of
title 49, United States Code, is amended--
(i) by striking ``paragraph (5),''
in paragraph (4) and inserting
``paragraphs (5) and (6),''; and
(ii) by adding at the end the
following:
``(6) Prescreening international passengers.--
``(A) In general.--Not later than 60 days
after date of enactment of this paragraph, the
Secretary of Homeland Security, or the designee
of the Secretary, shall issue a notice of
proposed rulemaking that will allow the
Department of Homeland Security to compare
passenger information for any international
flight to or from the United States against the
consolidated and integrated terrorist watchlist
maintained by the Federal Government before
departure of the flight.
``(B) Appeal procedures.--
``(i) In general.--The Secretary of
Homeland Security shall establish a
timely and fair process for individuals
identified as a threat under
subparagraph (A) to appeal to the
Department of Homeland Security the
determination and correct any erroneous
information.
``(ii) Records.--The process shall
include the establishment of a method
by which the Secretary will be able to
maintain a record of air passengers and
other individuals who have been
misidentified and have corrected
erroneous information. To prevent
repeated delays of misidentified
passengers and other individuals, the
Department of Homeland Security record
shall contain information determined by
the Secretary to authenticate the
identity of such a passenger or
individual.''.
(b) Report on Effects on Privacy and Civil Liberties.--
(1) Requirement for report.--Not later than 180
days after the date of the enactment of this Act, the
Security Privacy Officer of the Department of Homeland
Security shall submit a report assessing the impact of
the automatic selectee and no fly lists on privacy and
civil liberties to the Committee on the Judiciary, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on the
Judiciary, the Committee on Government Reform, the
Committee on Transportation and Infrastructure, and the
Select Committee on Homeland Security of the House of
Representatives.
(2) Content.--The report submitted under paragraph
(1) shall include--
(A) any recommendations for practices,
procedures, regulations, or legislation that
the Security Privacy Officer considers
necessary to minimize adverse effects of
automatic selectee and no fly lists on privacy,
discrimination, due process, and other civil
liberties;
(B) a discussion of the implications of
applying those lists to other modes of
transportation; and
(C) the effect that implementation of the
recommendations would have on the effectiveness
of the use of such lists to protect the United
States against terrorist attacks.
(3) Form.--To the greatest extent consistent with
the protection of law enforcement-sensitive information
and classified information, and the administration of
applicable law, the report shall be submitted in
unclassified form and shall be available to the public.
The report may contain a classified annex if necessary.
(c) Report on Criteria for Consolidated Terrorist Watch
List.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of
Homeland Security, the Secretary of State, and the
Attorney General, shall submit to Congress a report on
the Terrorist Screening Center consolidated screening
watch list.
(2) Contents.--The report shall include--
(A) the criteria for placing the name of an
individual on the watch list;
(B) the minimum standards for reliability
and accuracy of identifying information;
(C) the degree of information certainty and
the range of threat levels that are to be
identified for an individual; and
(D) the range of applicable consequences
that are to apply to an individual, if located.
(3) Form.--To the greatest extent consistent with
the protection of law enforcement-sensitive information
and classified information and the administration of
applicable law, the report shall be submitted in
unclassified form and shall be available to the public.
The report may contain a classified annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT
SCREENING CHECKPOINTS.
(a) In General.--Subchapter I of chapter 449, of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44925. Deployment and use of detection equipment at airport
screening checkpoints.
``(a) Weapons and Explosives.--The Secretary of Homeland
Security shall give a high priority to developing, testing,
improving, and deploying, at airport screening checkpoints,
equipment that detects nonmetallic, chemical, biological, and
radiological weapons, and explosives, in all forms, on
individuals and in their personal property. The Secretary shall
ensure that the equipment alone, or as part of an integrated
system, can detect under realistic operating conditions the
types of weapons and explosives that terrorists would likely
try to smuggle aboard an air carrier aircraft.
``(b) Strategic Plan for Deployment and Use of Explosive
Detection Equipment at Airport Screening Checkpoints.--
``(1) In general.--Not later than 90 days after the
date of enactment of this section, the Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall submit to the appropriate
congressional committees a strategic plan to promote
the optimal utilization and deployment of explosive
detection equipment at airports to screen individuals
and their personal property. Such equipment includes
walk-through explosive detection portals, document
scanners, shoe scanners, and backscatter x-ray
scanners. The plan may be submitted in a classified
format.
``(2) Content.--The strategic plan shall include,
at minimum--
``(A) a description of current efforts to
detect explosives in all forms on individuals
and in their personal property;
``(B) a description of the operational
applications of explosive detection equipment
at airport screening checkpoints;
``(C) a deployment schedule and a
description of the quantities of equipment
needed to implement the plan;
``(D) a description of funding needs to
implement the plan, including a financing plan
that provides for leveraging of non-Federal
funding;
``(E) a description of the measures taken
and anticipated to be taken in carrying out
subsection (d); and
``(F) a description of any recommended
legislative actions.
``(c) Portal Detection Systems.--There is authorized to be
appropriated to the Secretary of Homeland Security for the use
of the Transportation Security Administration $250,000,000, in
addition to any amounts otherwise authorized by law, for
research, development, and installation of detection systems
and other devices for the detection of biological, chemical,
radiological, and explosive materials.
``(d) Interim Action.--Until measures are implemented that
enable the screening of all passengers for explosives, the
Assistant Secretary shall provide, by such means as the
Assistant Secretary considers appropriate, explosives detection
screening for all passengers identified for additional
screening and their personal property that will be carried
aboard a passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation.''.
(b) Conforming Amendment.--The analysis for chapter 449 of
title 49, United States Code, is amended by inserting after the
item relating to section 44924 the following:
``44925. Deployment and use of detection equipment at airport screening
checkpoints.''.
SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
(a) Advanced Integrated Airport Checkpoint Screening System
Pilot Program.--Not later than March 31, 2005, the Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall develop and initiate a pilot program to
deploy and test advanced airport checkpoint screening devices
and technology as an integrated system at not less than 5
airports in the United States.
(b) Funding.--Of the amounts appropriated pursuant to
section 48301(a) of title 49, United States Code, for each of
fiscal years 2005 and 2006, not more than $150,000,000 shall be
available to carry out subsection (a).
SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
(a) Required Action.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall take
such action as may be necessary to improve the job performance
of airport screening personnel.
(b) Human Factors Study.--In carrying out this section, the
Assistant Secretary shall provide, not later than 180 days
after the date of the enactment of this Act, to the appropriate
congressional committees a report on the results of any human
factors study conducted by the Department of Homeland Security
to better understand problems in screener performance and to
improve screener performance.
SEC. 4016. FEDERAL AIR MARSHALS.
(a) Federal Air Marshal Anonymity.--The Director of the
Federal Air Marshal Service of the Department of Homeland
Security shall continue operational initiatives to protect the
anonymity of Federal air marshals.
(b) Authorization of Additional Appropriations.--There is
authorized to be appropriated to the Secretary of Homeland
Security for the use of the Bureau of Immigration and Customs
Enforcement, in addition to any amounts otherwise authorized by
law, for the deployment of Federal air marshals under section
44917 of title 49, United States Code, $83,000,000 for the 3
fiscal-year period beginning with fiscal year 2005. Such sums
shall remain available until expended.
(c) Federal Law Enforcement Counterterrorism Training.--
(1) Availability of information.--The Assistant
Secretary for Immigration and Customs Enforcement and
the Director of Federal Air Marshal Service of the
Department of Homeland Security, shall make available,
as practicable, appropriate information on in-flight
counterterrorism and weapons handling procedures and
tactics training to Federal law enforcement officers
who fly while in possession of a firearm.
(2) Identification of fraudulent documents.--The
Assistant Secretary for Immigration and Customs
Enforcement and the Director of Federal Air Marshal
Service of the Department of Homeland Security, in
coordination with the Assistant Secretary of Homeland
Security (Transportation Security Administration),
shall ensure that Transportation Security
Administration screeners and Federal air marshals
receive training in identifying fraudulent
identification documents, including fraudulent or
expired visas and passports. Such training shall also
be made available to other Federal law enforcement
agencies and local law enforcement agencies located in
a State that borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF
FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively
international agreements with foreign governments to allow the
maximum deployment of Federal air marshals on international
flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Training for Foreign Law Enforcement Personnel.--
``(1) In general.--The Assistant Secretary for
Immigration and Customs Enforcement of the Department
of Homeland Security, after consultation with the
Secretary of State, may direct the Federal Air Marshal
Service to provide appropriate air marshal training to
law enforcement personnel of foreign countries.
``(2) Watchlist screening.--The Federal Air Marshal
Service may only provide appropriate air marshal
training to law enforcement personnel of foreign
countries after comparing the identifying information
and records of law enforcement personnel of foreign
countries against all appropriate records in the
consolidated and integrated terrorist watchlists
maintained by the Federal Government.
``(3) Fees.--The Assistant Secretary shall
establish reasonable fees and charges to pay expenses
incurred in carrying out this subsection. Funds
collected under this subsection shall be credited to
the account in the Treasury from which the expenses
were incurred and shall be available to the Assistant
Secretary for purposes for which amounts in such
account are available.''.
SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING.
(a) In-Line Baggage Screening Equipment.--The Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall take such action as may be necessary to
expedite the installation and use of in-line baggage screening
equipment at airports at which screening is required by section
44901 of title 49, United States Code.
(b) Schedule.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit to
the appropriate congressional committees a schedule to expedite
the installation and use of in-line baggage screening equipment
at such airports, with an estimate of the impact that such
equipment, facility modification, and baggage conveyor
placement will have on staffing needs and levels related to
aviation security.
(c) Replacement of Trace-Detection Equipment.--Not later
than 180 days after the date of enactment of this Act, the
Assistant Secretary shall establish and submit to the
appropriate congressional committees a schedule for replacing
trace-detection equipment, as soon as practicable and where
appropriate, with explosive detection system equipment.
(d) Cost-Sharing Study.--The Secretary of Homeland
Security, in consultation with representatives of air carriers,
airport operators, and other interested parties, shall submit
to the appropriate congressional committees, in conjunction
with the submission of the budget for fiscal year 2006 to
Congress under section 1105(a) of title 31, United States
Code--
(1) a proposed formula for cost-sharing among the
Federal Government, State and local governments, and
the private sector for projects to install in-line
baggage screening equipment that reflects the benefits
that each of such entities derive from such projects,
including national security benefits and labor and
other cost savings;
(2) recommendations, including recommended
legislation, for an equitable, feasible, and
expeditious system for defraying the costs of the in-
line baggage screening equipment authorized by this
title; and
(3) the results of a review of innovative financing
approaches and possible cost savings associated with
the installation of in-line baggage screening equipment
at airports.
(e) Authorization for Expiring and New LOIs.--
(1) In general.--Section 44923(i) of title 49,
United States Code, is amended by striking
``$250,000,000 for each of fiscal years 2004 through
2007.'' and inserting ``$400,000,000 for each of fiscal
years 2005, 2006, and 2007.''.
(2) Period of reimbursement.--Notwithstanding any
other provision of law, the Secretary may provide that
the period of reimbursement under any letter of intent
may extend for a period not to exceed 10 years after
the date that the Secretary issues such letter, subject
to the availability of appropriations. This paragraph
applies to letters of intent issued under section 44923
of title 49, United States Code, and letters of intent
issued under section 367 of the Department of
Transportation and Related Agencies Appropriation Act,
2003 (49 U.S.C. 47110 note).
SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING.
(a) In General.--The Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall provide, subject to the availability of funds, assistance
to airports at which screening is required by section 44901 of
title 49, United States Code, and that have checked baggage
screening areas that are not open to public view in the
acquisition and installation of security monitoring cameras for
surveillance of such areas in order to deter theft from checked
baggage and to aid in the speedy resolution of liability claims
against the Transportation Security Administration.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Homeland Security for
fiscal year 2005 such sums as may be necessary to carry out
this section. Such sums shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
(a) Study.--The Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with
the Administrator of the Federal Aviation Administration, shall
conduct a study to determine the viability of providing devices
or methods, including wireless methods, to enable a flight crew
to discreetly notify the pilot in the case of a security breach
or safety issue occurring in the cabin.
(b) Matters To Be Considered.--In conducting the study, the
Transportation Security Administration and the Federal Aviation
Administration shall consider technology that is readily
available and can be quickly integrated and customized for use
aboard aircraft for flight crew communication.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Transportation Security
Administration shall submit to the appropriate congressional
committees a report on the results of the study.
SEC. 4022. IMPROVED PILOT LICENSES.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall begin to issue improved pilot
licenses consistent with the requirements of title 49, United
States Code, and title 14, Code of Federal Regulations.
(b) Requirements.--Improved pilots licenses issued under
subsection (a) shall--
(1) be resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom
the license is issued; and
(3) be capable of accommodating a digital
photograph, a biometric identifier, or any other unique
identifier that the Administrator considers necessary.
(c) Tampering.--To the extent practical, the Administrator
shall develop methods to determine or reveal whether any
component or security feature of a license issued under
subsection (a) has been tampered, altered, or counterfeited.
(d) Use of Designees.--The Administrator may use designees
to carry out subsection (a) to the extent feasible in order to
minimize the burdens on pilots.
SEC. 4023. AVIATION SECURITY STAFFING.
(a) Aviation Security Staffing.--Not later than 90 days
after the date of enactment of this Act, the Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall develop and submit to the appropriate
congressional committees standards for determining the aviation
security staffing for all airports at which screening is
required under section 44901 of title 49, United States Code,
necessary to--
(1) provide necessary levels of aviation security;
and
(2) ensure that the average aviation security-
related delay experienced by airline passengers is
minimized.
(b) GAO Analysis.--As soon as practicable after the date on
which the Assistant Secretary has developed standards under
subsection (a), the Comptroller General shall conduct an
expedited analysis of, and submit a report to the appropriate
congressional committees on, the standards for effectiveness,
administrability, ease of compliance, and consistency with the
requirements of existing law.
(c) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a
study of the feasibility of combining operations of Federal
employees involved in screening at commercial airports and
aviation security-related functions under the authority of the
Department of Homeland Security in order to coordinate
security-related activities, increase the efficiency and
effectiveness of those activities, and increase commercial air
transportation security.
SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
(a) Plan and guidelines.--The Assistant Secretary of
Homeland Security (Transportation Security Administration)
shall develop a plan and guidelines for implementing improved
explosive detection system equipment.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Homeland Security for
the use of the Transportation Security Administration
$100,000,000, in addition to any amounts otherwise authorized
by law, for the purpose of research and development of improved
explosive detection systems for aviation security under section
44913 of title 49, United States Code.
SEC. 4025. PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this
Act, the Assistant Secretary for Homeland Security
(Transportation Security Administration) shall complete a
review of the list of items prohibited from being carried
aboard a passenger aircraft operated by an air carrier or
foreign air carrier in air transportation or intrastate air
transportation set forth in section 1540 of title 49, Code of
Federal Regulations, and shall release a revised list that
includes--
(1) butane lighters; and
(2) any other modification that the Assistant
Secretary considers appropriate.
SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export
Control.--
(1) To limit availability and transfer of
manpads.--The President shall pursue, on an urgent
basis, further strong international diplomatic and
cooperative efforts, including bilateral and
multilateral treaties, in the appropriate forum to
limit the availability, transfer, and proliferation of
MANPADSs worldwide.
(2) To limit the proliferation of manpads.--The
President is encouraged to seek to enter into
agreements with the governments of foreign countries
that, at a minimum, would--
(A) prohibit the entry into force of a
MANPADS manufacturing license agreement and
MANPADS co-production agreement, other than the
entry into force of a manufacturing license or
co-production agreement with a country that is
party to such an agreement;
(B) prohibit, except pursuant to transfers
between governments, the export of a MANPADS,
including any component, part, accessory, or
attachment thereof, without an individual
validated license; and
(C) prohibit the reexport or retransfer of
a MANPADS, including any component, part,
accessory, or attachment thereof, to a third
person, organization, or government unless the
written consent of the government that approved
the original export or transfer is first
obtained.
(3) To achieve destruction of manpads.--The
President should continue to pursue further strong
international diplomatic and cooperative efforts,
including bilateral and multilateral treaties, in the
appropriate forum to assure the destruction of excess,
obsolete, and illicit stocks of MANPADSs worldwide.
(4) Reporting and briefing requirement.--
(A) President's report.--Not later than 180
days after the date of enactment of this Act,
the President shall transmit to the appropriate
congressional committees a report that contains
a detailed description of the status of
diplomatic efforts under paragraphs (1), (2),
and (3) and of efforts by the appropriate
United States agencies to comply with the
recommendations of the General Accounting
Office set forth in its report GAO-04-519,
entitled ``Nonproliferation: Further
Improvements Needed in U.S. Efforts to Counter
Threats from Man-Portable Air Defense
Systems''.
(B) Annual briefings.--Annually after the
date of submission of the report under
subparagraph (A) and until completion of the
diplomatic and compliance efforts referred to
in subparagraph (A), the Secretary of State
shall brief the appropriate congressional
committees on the status of such efforts.
(b) FAA Airworthiness Certification of Missile Defense
Systems for Commercial Aircraft.--
(1) In general.--As soon as practicable, but not
later than the date of completion of Phase II of the
Department of Homeland Security's counter-man-portable
air defense system (MANPADS) development and
demonstration program, the Administrator of the Federal
Aviation Administration shall establish a process for
conducting airworthiness and safety certification of
missile defense systems for commercial aircraft
certified as effective and functional by the Department
of Homeland Security. The process shall require a
certification by the Administrator that such systems
can be safely integrated into aircraft systems and
ensure airworthiness and aircraft system integrity.
(2) Certification acceptance.--Under the process,
the Administrator shall accept the certification of the
Department of Homeland Security that a missile defense
system is effective and functional to defend commercial
aircraft against MANPADSs.
(3) Expeditious certification.--Under the process,
the Administrator shall expedite the airworthiness and
safety certification of missile defense systems for
commercial aircraft certified by the Department of
Homeland Security.
(4) Reports.--Not later than 90 days after the
first airworthiness and safety certification for a
missile defense system for commercial aircraft is
issued by the Administrator, and annually thereafter
until December 31, 2008, the Federal Aviation
Administration shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that contains
a detailed description of eachairworthiness and safety
certification issued for a missile defense system for commercial
aircraft.
(c) Programs to Reduce MANPADS.--
(1) In general.--The President is encouraged to
pursue strong programs to reduce the number of MANPADSs
worldwide so that fewer MANPADSs will be available for
trade, proliferation, and sale.
(2) Reporting and briefing requirements.--Not later
than 180 days after the date of enactment of this Act,
the President shall transmit to the appropriate
congressional committees a report that contains a
detailed description of the status of the programs
being pursued under subsection (a). Annually thereafter
until the programs are no longer needed, the Secretary
of State shall brief the appropriate congressional
committees on the status of programs.
(3) Funding.--There is authorized to be
appropriated such sums as may be necessary to carry out
this section.
(d) MANPADS Vulnerability Assessments Report.--
(1) In general.--Not later than one year after the
date of enactment of this Act, the Secretary of
Homeland Security shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report describing
the Department of Homeland Security's plans to secure
airports and the aircraft arriving and departing from
airports against MANPADSs attacks.
(2) Matters to be addressed.--The Secretary's
report shall address, at a minimum, the following:
(A) The status of the Department's efforts
to conduct MANPADSs vulnerability assessments
at United States airports at which the
Department is conducting assessments.
(B) How intelligence is shared between the
United States intelligence agencies and
Federal, State, and local law enforcement to
address the MANPADS threat and potential ways
to improve such intelligence sharing.
(C) Contingency plans that the Department
has developed in the event that it receives
intelligence indicating a high threat of a
MANPADS attack on aircraft at or near United
States airports.
(D) The feasibility and effectiveness of
implementing public education and neighborhood
watch programs in areas surrounding United
States airports in cases in which intelligence
reports indicate there is a high risk of
MANPADS attacks on aircraft.
(E) Any other issues that the Secretary
deems relevant.
(3) Format.--The report required by this subsection
may be submitted in a classified format.
(e) Definitions.--In this section, the following
definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the
Committee on International Relations, and the
Committee on Transportation and Infrastructure
of the House of Representatives; and
(B) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Commerce, Science, and
Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system
designed to be man-portable and carried and
fired by a single individual; and
(B) any other surface-to-air missile system
designed to be operated and fired by more than
one individual acting as a crew and portable by
several individuals.
SEC. 4027. TECHNICAL CORRECTIONS.
(a) Administrative Imposition of Penalties.--Section
46301(d) of title 49, United States Code, is amended--
(1) in the first sentence of paragraph (2) by
striking ``46302, 46303,'' and inserting ``46302 (for a
violation relating to section 46504),'';
(2) in the second sentence of paragraph (2)--
(A) by striking ``Under Secretary of
Transportation for Security'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``44909)'' and inserting
``44909), 46302 (except for a violation
relating to section 46504), 46303,'';
(3) in paragraphs (2), (3), and (4) by striking
``Under Secretary or'' each place it occurs and
inserting ``Secretary of Homeland Security or''; and
(4) in paragraph (4)(A) by moving clauses (i),
(ii), and (iii) 2 ems to the left.
(b) Compromise and Setoff for False Information.--Section
46302(b)(1) of title 49, United States Code, is amended by
striking ``Secretary of Transportation'' and inserting
``Secretary of Homeland Security and, for a violation relating
to section 46504, the Secretary of Transportation,''.
(c) Carrying a Weapon.--Section 46303 of title 49, United
States Code, is amended--
(1) in subsection (b)(1) by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''; and
(2) in subsection (c)(2) by striking ``Under
Secretary of Transportation for Security'' and
inserting ``Secretary of Homeland Security''.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment of
this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to the
appropriate congressional committees a report on the costs and
benefits associated with the use of secondary flight deck
barriers, including the recommendation of the Assistant
Secretary whether or not the use of such barriers should be
mandated for all air carriers. The report may be submitted in a
classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is
amended by striking ``and 2005'' and inserting ``2005, and
2006''.
Subtitle C--Air Cargo Security
SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND
BAGGAGE CONTAINERS.
(a) In General.--Beginning not later than 180 days after
the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration)
shall carry out a pilot program to evaluate the use of blast-
resistant containers for cargo and baggage on passenger
aircraft to minimize the potential effects of detonation of an
explosive device.
(b) Incentives for Participation in Pilot Program.--
(1) In general.--As part of the pilot program, the
Assistant Secretary shall provide incentives to air
carriers to volunteer to test the use of blast-
resistant containers for cargo and baggage on passenger
aircraft.
(2) Applications.--To volunteer to participate in
the incentive program, an air carrier shall submit to
the Assistant Secretary an application that is in such
form and contains such information as the Assistant
Secretary requires.
(3) Types of incentives.--Incentives provided by
the Assistant Secretary to air carriers that volunteer
to participate in the pilot program shall include the
use of, and financial assistance to cover increased
costs to the carriers associated with the use and
maintenance of, blast-resistant containers, including
increased fuel costs.
(c) Technological Improvements.--The Secretary of Homeland
Security, in cooperation with the Secretary of Transportation,
shall support efforts to explore alternative technologies for
minimizing the potential effects of detonation of an explosive
device on cargo and passenger aircraft.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out subsections (a) and (b)
$2,000,000. Such sums shall remain available until expended.
SEC. 4052. AIR CARGO SECURITY.
(a) Air Cargo Screening Technology.--The Assistant
Secretary of Homeland Security (Transportation Security
Administration) shall develop technology to better identify,
track, and screen air cargo.
(b) Improved Air Cargo and Airport Security.--There is
authorized to be appropriated to the Secretary of Homeland
Security for the use of the Transportation Security
Administration, in addition to any amounts otherwise authorized
by law, for the purpose of improving aviation security related
to the transportation of cargo on both passenger aircraft and
all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(c) Research, Development, and Deployment.--To carry out
subsection (a), there is authorized to be appropriated to the
Secretary, in addition to any amounts otherwise authorized by
law, for research and development related to enhanced air cargo
security technology as well as for deployment and installation
of enhanced air cargo security technology--
(1) $100,000,000 for fiscal year 2005;
(2) $100,000,000 for fiscal year 2006; and
(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d) Advanced Cargo Security Grants.--
(1) In general.--The Secretary shall establish and
carry out a program to issue competitive grants to
encourage the development of advanced air cargo
security technology, including use of innovative
financing or other means of funding such activities.
The Secretary may make available funding for this
purpose from amounts appropriated pursuant to
subsection (c).
(2) Eligibility criteria, etc.--The Secretary shall
establish such eligibility criteria, establish such
application and administrative procedures, and provide
for such matching funding requirements, if any, as may
be necessary and appropriate to ensure that the
technology is deployed as fully and rapidly as
possible.
SEC. 4053. AIR CARGO SECURITY REGULATIONS.
Not later than 240 days after the date of enactment of this
Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall issue a final
rule in Docket Number TSA-2004-19515 to amend transportation
security regulations to enhance and improve the security of air
cargo transported in both passenger and all-cargo aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
coordination with the Secretary of Defense and the
Administrator of the Federal Aviation Administration, shall
submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that contains the following:
(1) A description of the current procedures in
place to address the threat of an inbound all-cargo
aircraft from outside the United States that
intelligence sources indicate could carry explosive,
incendiary, chemical, biological, or nuclear devices.
(2) An analysis of the potential for establishing
secure facilities along established international
aviation routes for the purposes of diverting and
securing aircraft described in paragraph (1).
(b) Report Format.--The Secretary may submit all, or part,
of the report required by this section in such a classified and
redacted format as the Secretary determines appropriate or
necessary.
Subtitle D--Maritime Security
SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
(a) Watch Lists.--
(1) In general.--As soon as practicable but not
later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall--
(A) implement a procedure under which the
Department of Homeland Security compares
information about passengers and crew who are
to be carried aboard a cruise ship with a
comprehensive, consolidated database containing
information about known or suspected terrorists
and their associates;
(B) use the information obtained by
comparing the passenger and crew information
with the information in the database to prevent
known or suspected terrorists and their
associates from boarding such ships or to
subject them to specific additional security
scrutiny, through the use of ``no transport''
and ``automatic selectee'' lists or other
means.
(2) Waiver.--The Secretary may waive the
requirement in paragraph (1)(B) with respect to cruise
ships embarking at foreign ports if the Secretary
determines that the application of such requirement to
such cruise ships is impracticable.
(b) Cooperation From Operators of Cruise Ships.--The
Secretary of Homeland Security shall by rulemaking require
operators of cruise ships to provide the passenger and crew
information necessary to implement the procedure required by
subsection (a).
(c) Maintenance of Accuracy and Integrity of ``No
Transport'' and ``Automatic Selectee'' Lists.--
(1) Watch list database.--The Secretary of Homeland
Security, in consultation with the Terrorist Screening
Center, shall develop guidelines, policies, and
operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in
the ``no transport'' and ``automatic selectee'' lists
described in subsection (a)(1) that are designed to
ensure the accuracy and integrity of the lists.
(2) Accuracy of entries.--In developing the ``no
transport'' and ``automatic selectee'' lists under
subsection (a)(1)(B), the Secretary shall establish a
simple and timely method for correcting erroneous
entries, for clarifying information known to cause
false hits or misidentification errors, and for
updating relevant information that is dispositive in
the passenger and crew screening process. The Secretary
shall also establish a process to provide an individual
whose name is confused with, or similar to, a name in
the watch list database with a means of demonstrating
that such individual is not the person named in the
database.
(d) Cruise Ship Defined.--In this section, the term
``cruise ship'' means a vessel on an international voyage that
embarks or disembarks passengers at a port of United States
jurisdiction to which subpart C of part 160 of title 33, Code
of Federal Regulations, applies and that provides overnight
accommodations.
SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND
ASSESSMENTS.
(a) National Maritime Transportation Security Plan.--
Section 70103(a)(1) of title 46, United States Code, is amended
by striking ``The Secretary'' and inserting ``Not later than
April 1, 2005, the Secretary''.
(b) Facility and Vessel Vulnerability Assessments.--Section
70102(b)(1) of title 46, United States Code, is amended by
striking ``, the Secretary'' and inserting ``and by not later
than December 31, 2004, the Secretary''.
(c) Strategic Plan Reports.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives--
(1) a comprehensive program management plan that
identifies specific tasks to be completed, and
deadlines for completion, for the transportation
security card program under section 70105 of title 46,
United States Code, that incorporates best practices
for communicating, coordinating, and collaborating with
the relevant stakeholders to resolve relevant issues,
such as background checks;
(2) a report on the status of negotiations under
section 103(a) of the Maritime Transportation Security
Act of 2002 (46 U.S.C. 70111);
(3) the report required by section 107(b) of the
Maritime Transportation Security Act of 2002 (33 U.S.C.
1226 note); and
(4) a report on the status of the development of
the system and standards required by section 111 of the
Maritime Transportation Security Act of 2002 (46 U.S.C.
70116 note).
(d) Other Reports.--Not later than 90 days after the date
of the enactment of this Act--
(1) the Secretary of Homeland Security shall submit
to the appropriate congressional committees--
(A) a report on the establishment of the
National Maritime Security Advisory Committee
under section 70112 of title 46, United States
Code; and
(B) a report on the status of the program
required by section 70116 of title 46, United
States Code, to evaluate and certify secure
systems of international intermodal
transportation;
(2) the Secretary of Transportation shall submit to
the appropriate congressional committees the annual
report required by section 905 of the International
Maritime and Port Security Act (46 U.S.C. App. 1802)
that includes information that should have been
included in the last preceding annual report that was
due under that section; and
(3) the Commandant of the United States Coast Guard
shall submit to the appropriate congressional
committees the report required by section 110(b) of the
Maritime Transportation Security Act of 2002 (46 U.S.C.
70101 note).
Subtitle E--General Provisions
SEC. 4081. DEFINITIONS.
In this title (other than in sections 4001 and 4026), the
following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Aviation definitions.--The terms ``air
carrier'', ``air transportation'', ``aircraft'',
``airport'', ``cargo'', ``foreign air carrier'', and
``intrastate air transportation'' have the meanings
given such terms in section 40102 of title 49, United
States Code.
(3) Secure area of an airport.--The term ``secure
area of an airport'' means the sterile area and the
Secure Identification Display Area of an airport (as
such terms are defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor
regulations).
SEC. 4082. EFFECTIVE DATE.
This title shall take effect on the date of enactment of
this Act.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
SEC. 5101. 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. 5102. PROGRAM REQUIREMENTS.
(a) Required Features.--The Secretary of Homeland Security
shall design the pilot program under this subtitle 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
(C) 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 subtitle--
(1) is coordinated among United States, State,
local, and Canadian law enforcement and border security
agencies; and
(2) includes ongoing communication among such
agencies.
SEC. 5103. 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
subtitle.
(b) Program Partnerships.--In carrying out the pilot
program under this subtitle, 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 5102(b), institutions of higher education, and private
sector entities.
SEC. 5104. REPORT.
(a) Requirement for Report.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report on the pilot program
under this subtitle.
(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. 5105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the pilot program under this subtitle.
Subtitle B--Border and Immigration Enforcement
SEC. 5201. 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;
(C) 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;
(6) the equipment necessary to carry out the plan;
and
(7) a recommendation regarding whether to expand
the pilot program along the entire southwest border.
(c) 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.
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of the fiscal years 2006 through 2010, the
Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase by
not less than 2,000 the number of positions for full-time
active-duty border patrol agents within the Department of
Homeland Security above the number of such positions for which
funds were allotted for the preceding fiscal year. In each of
the fiscal years 2006 through 2010, in addition to the border
patrol agents assigned along the northern border of the United
States during the previous fiscal year, the Secretary shall
assign a number of border patrol agents equal to not less than
20 percent of the net increase in border patrol agents during
each such fiscal year.
SEC. 5203. 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.
SEC. 5204. INCREASE IN DETENTION BED SPACE.
(a) In General.--Subject to the availability of
appropriated funds, the Secretary of Homeland Security shall
increase by not less than 8,000, in each of the fiscal years
2006 through 2010, the number of beds available for immigration
detention and removal operations of the Department of Homeland
Security above the number for which funds were allotted for the
preceding fiscal year.
(b) Priority.--The Secretary shall give priority for the
use of these additional beds to the detention of individuals
charged with removability under section 237(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) or
inadmissibility under section 212(a)(3) of that Act (8 U.S.C.
1182(a)(3)).
Subtitle C--Visa Requirements
SEC. 5301. 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 14 years of age and not more
than 79 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--
``(i) within that class of
nonimmigrants enumerated in
subparagraph (A) or (G) of section
101(a)(15);
``(ii) within the NATO visa
category;
``(iii) within that class of
nonimmigrants enumerated in section
101(a)(15)(C)(iii) (referred to as the
`C-3 visa' category); or
``(iv) granted a diplomatic or
official visa on a diplomatic or
official 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 such alien's prior
visa expired;
``(ii) for the visa classification
for which such prior visa was issued;
``(iii) from the consular post
located in the country of such alien's
usual residence, unless otherwise
prescribed in regulations that require
an applicant to apply for a visa in the
country of which such applicant is a
national; and
``(iv) the consular officer has no
indication that such alien has not
complied with the immigration laws and
regulations of the United States; or
``(C) 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 or emergent 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 or resident of the
country in which such 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;
``(C) is listed in the Consular Lookout and
Support System (or successor system at the
Department of State);
``(D) is a national of a country officially
designated by the Secretary of State as a state
sponsor of terrorism, except such nationals who
possess nationalities of countries that are not
designated as state sponsors or terrorism;
``(E) requires a security advisory opinion
or other Department of State clearance, unless
such alien is--
``(i) within that class of
nonimmigrants enumerated in
subparagraph (A) or (G) of section
101(a)(15);
``(ii) within the NATO visa
category;
``(iii) within that class of
nonimmigrants enumerated in section
101(a)(15)(C)(iii) (referred to as the
`C-3 visa' category); or
``(iv) an alien who qualifies for a
diplomatic or official visa, or its
equivalent; or
``(F) 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. 5302. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8
U.S.C. 1202(c)) 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. 5303. EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this
Act, sections 5301 and 5302 shall take effect 90 days after the
date of enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) Limitation on Review.--Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
by adding at the end the following: ``There shall be no means
of judicial review (including review pursuant to section 2241
of title 28, United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title) of a
revocation under this subsection, except in the context of a
removal proceeding if such revocation provides the sole ground
for removal under section 237(a)(1)(B).''.
(b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is
amended by striking ``United States is'' and inserting the
following: ``United States, or whose nonimmigrant visa (or
other documentation authorizing admission into the United
States as a nonimmigrant) has been revoked under section
221(i), is''.
(c) Revocation of Petitions.--Section 205 of the
Immigration and Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by striking the final two sentences.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply to revocations under sections 205 and 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made
before, on, or after such date.
Subtitle D--Immigration Reform
SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties.--Section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)) is amended by adding at
the end the following:
``(4) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or
more; and
``(C)(i) aliens were transported in a manner that
endangered their lives; or
``(ii) the aliens presented a life-threatening
health risk to people in the United States.''.
(b) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (a),
is further amended by adding at the end the following:
``(e) Outreach Program.--The Secretary of Homeland
Security, in consultation with the Attorney General and the
Secretary of State, as appropriate, shall develop and implement
an outreach program to educate the public in the United States
and abroad about the penalties for bringing in and harboring
aliens in violation of this section.''.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE
TRAINING FROM TERRORIST ORGANIZATIONS.
Section 237(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)) is amended by adding at the end the
following:
``(E) Recipient of military-type
training.--
``(i) In general.--Any alien who
has received military-type training
from or on behalf of any organization
that, at the time the training was
received, was a terrorist organization
(as defined in subclause (I) or (II) of
section 212(a)(3)(B)(vi)), is
deportable.
``(ii) Definition.--As used in this
subparagraph, the term `military-type
training' includes training in means or
methods that can cause death or serious
bodily injury, destroy or damage
property, or disrupt services to
critical infrastructure, or training on
the use, storage, production, or
assembly of any explosive, firearm, or
other weapon, including any weapon of
mass destruction (as defined in section
2332a(c)(2) of title 18, United States
Code).''.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
(a) Study.--Commencing not later than 30 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall conduct a study to evaluate the extent
to which weaknesses in the United States asylum system and
withholding of removal system have been or could be exploited
by aliens connected to, charged in connection with, or tied to
terrorist activity.
(b) Elements.--The study under subsection (a) shall
address, but not be limited to, the following:
(1) The number of aliens connected to, tied to,
charged in connection with, or who claim to have been
accused of or charged in connection with terrorist
activity who have applied for, been granted, or been
denied asylum.
(2) The number of aliens connected to, tied to,
charged in connection with, or who claim to have been
accused of or charged in connection with terrorist
activity who have applied for, been granted, or been
denied release from detention.
(3) The number of aliens connected to, tied to,
charged in connection with, or who claim to have been
accused of or charged in connection with terrorist
activity who have been denied asylum but who remain at
large in the United States.
(4) The effect of the confidentiality provisions of
section 208.6 of title 8, Code of Federal Regulations,
on the ability of the United States Government to
establish that an alien is connected to or tied to
terrorist activity, such that the alien is barred from
asylum or withholding of removal, is removable from the
United States, or both.
(5) The effect that precedential decisions, if any,
holding that the extrajudicial punishment of an
individual connected to terrorism, or guerrilla or
militant activity abroad, or threats of such
punishment, constitute persecution on account of
political opinion as defined in section 101(a)(42) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)), have had on the ability of the United
States Government to remove aliens whom the United
States Government believes are connected to or have
ties to terrorism,
(6) The extent to which court precedents have
affected the ability of the United States Government to
determine or prove that an alien the United States
Government believes to be connected to or tied to
terrorism is in fact so connected or tied, including--
(A) so-called ``imputed political
opinion'';
(B) judicial review, reversal, or both of
the credibility determinations of immigration
judges; and
(C) the need to use classified information
in removal proceedings against aliens suspected
of connections or ties to terrorism.
(7) The likelihood that an alien connected to or
with ties to terrorism has been granted asylum or
withholding of removal.
(8) The likelihood that an alien connected to or
with ties to terrorism has used the United States
asylum system to enter or remain in the United States
in order to plan, conspire, or carry out, or attempt to
plan, conspire, or carry out, an act of terrorism.
(c) Consideration and Assessment.--Solely for purposes of
conducting the study under subsection (a), the Comptroller
General shall consider the possibility, and assess the
likelihood, that an alien whom the United States Government
accuses or has accused of having a connection to or ties to
terrorism is in fact connected to or tied to terrorism,
notwithstanding any administrative or judicial determination to
the contrary.
(d) Scope.--In conducting the study under subsection (a),
the Comptroller General shall seek information from the
Department of Homeland Security, the Federal Bureau of
Investigation, the Central Intelligence Agency, the Department
of Justice, foreign governments, experts in the field of alien
terrorists, and any other appropriate source.
(e) Privacy.--
(1) In general.--Notwithstanding section 208.6 of
title 8, Code of Federal Regulations, the Comptroller
General shall, for purposes of the study under
subsection (a), have access to the applications and
administrative and judicial records of alien applicants
for asylum and withholding of removal. Except for
purposes of preparing the reports under subsection (f),
such information shall not be further disclosed or
disseminated, nor shall the names or personal
identifying information of any applicant be released.
(2) Security of records.--The Comptroller General
shall ensure that records received pursuant to this
section are appropriately secured to prevent their
inadvertent disclosure.
(f) Report to Congress.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, the Comptroller
General shall submit to the appropriate committees of
Congress and the Secretary of Homeland Security a
report on the findings and recommendations of the
Comptroller General under the study under subsection
(a).
(2) Elements.--The report under paragraph (1) shall
include the following:
(A) The assessment of the Comptroller
General on each matter specified in subsection
(b).
(B) Any recommendations of the Comptroller
General for such administrative action on any
matter specified in subsection (a) as the
Comptroller General considers necessary to
better protect the national security of the
United States.
(C) Any recommendations of the Comptroller
General for such legislative action on any
matter specified in subsection (a) as the
Comptroller General considers necessary to
better protect the national security of the
United States.
(3) Form.--If necessary, the Comptroller General
may submit a classified and unclassified version of the
report under paragraph (1).
(g) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Homeland Security and
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House
of Representatives.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE
COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS
ABROAD.
(a) Inadmissibility.--Section 212(a)(3)(E) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is
amended--
(1) in clause (ii), by striking ``has engaged in
conduct that is defined as genocide for purposes of the
International Convention on the Prevention and
Punishment of Genocide is inadmissible'' and inserting
``ordered, incited, assisted, or otherwise participated
in conduct outside the United States that would, if
committed in the United States or by a United States
national, be genocide, as defined in section 1091(a) of
title 18, United States Code, is inadmissible'';
(2) by adding at the end the following:
``(iii) Commission of acts of
torture or extrajudicial killings.--Any
alien who, outside the United States,
has committed, ordered, incited,
assisted, or otherwise participated in
the commission of--
``(I) any act of torture,
as defined in section 2340 of
title 18, United States Code;
or
``(II) under color of law
of any foreign nation, any
extrajudicial killing, as
defined in section 3(a) of the
Torture Victim Protection Act
of 1991 (28 U.S.C. 1350 note),
is inadmissible.''; and
(3) in the subparagraph heading, by striking
``Participants in nazi persecution or genocide'' and
inserting ``Participants in nazi persecution, genocide,
or the commission of any act of torture or
extrajudicial killing''.
(b) Deportability.--Section 237(a)(4)(D) of such Act (8
U.S.C. 1227(a)(4)(D)) is amended--
(1) by striking ``clause (i) or (ii)'' and
inserting ``clause (i), (ii), or (iii)''; and
(2) in the subparagraph heading, by striking
``Assisted in nazi persecution or engaged in genocide''
and inserting ``Participated in nazi persecution,
genocide, or the commission of any act of torture or
extrajudicial killing''.
(c) Effective Date.--The amendments made by this section
shall apply to offenses committed before, on, or after the date
of enactment of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT
OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
(a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is
amended to read as follows:
``(G) Foreign government officials who have
committed particularly severe violations of
religious freedom.--Any alien who, while
serving as a foreign government official, was
responsible for or directly carried out, at any
time, particularly severe violations of
religious freedom, as defined in section 3 of
the International Religious Freedom Act of 1998
(22 U.S.C. 6402), is inadmissible.''.
(b) Ground of Deportability.--Section 237(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is
amended by adding at the end the following:
``(E) Participated in the commission of
severe violations of religious freedom.--Any
alien described in section 212(a)(2)(G) is
deportable.''.
SEC. 5503. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)) is amended--
(1) in subparagraph (A), by striking ``and 3(E)''
and inserting ``and clauses (i) and (ii) of paragraph
(3)(E)''; and
(2) in subparagraph (B), by striking ``and 3(E)''
and inserting ``and clauses (i) and (ii) of paragraph
(3)(E)''.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED
ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8
U.S.C. 1101(f)) is amended--
(1) by striking the period at the end of paragraph
(8) and inserting ``; or''; and
(2) by adding at the end the following:
``(9) one who at any time has engaged in conduct
described in section 212(a)(3)(E) (relating to
assistance in Nazi persecution, participation in
genocide, or commission of acts of torture or
extrajudicial killings) or 212(a)(2)(G) (relating to
severe violations of religious freedom).''.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) Amendment of the Immigration and Nationality Act.--
Section 103 of the Immigration and Nationality Act (8 U.S.C.
1103) is amended by adding at the end the following:
``(h)(1) The Attorney General shall establish within the
Criminal Division of the Department of Justice an Office of
Special Investigations with the authority to detect and
investigate, and, where appropriate, to take legal action to
denaturalize any alien described in section 212(a)(3)(E).
``(2) The Attorney General shall consult with the Secretary
of Homeland Security in making determinations concerning the
criminal prosecution or extradition of aliens described in
section 212(a)(3)(E).
``(3) In determining the appropriate legal action to take
against an alien described in section 212(a)(3)(E),
consideration shall be given to--
``(A) the availability of criminal prosecution
under the laws of the United States for any conduct
that may form the basis for removal and
denaturalization; or
``(B) the availability of extradition of the alien
to a foreign jurisdiction that is prepared to undertake
a prosecution for such conduct.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the Department of Justice such sums as
may be necessary to carry out the additional duties
established under section 103(h) of the Immigration and
Nationality Act (as added by this subtitle) in order to
ensure that the Office of Special Investigations
fulfills its continuing obligations regarding Nazi war
criminals.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this
Act, the Attorney General, in consultation with the Secretary
of Homeland Security, shall submit to the Committees on the
Judiciary of the Senate and the House of Representatives a
report on implementation of this subtitle that includes a
description of--
(1) the procedures used to refer matters to the
Office of Special Investigations and other components
within the Department of Justice and the Department of
Homeland Security in a manner consistent with the
amendments made by this subtitle;
(2) the revisions, if any, made to immigration
forms to reflect changes in the Immigration and
Nationality Act made by the amendments contained in
this subtitle; and
(3) the procedures developed, with adequate due
process protection, to obtain sufficient evidence to
determine whether an alien may be inadmissible under
the terms of the amendments made by this subtitle.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a) In General.--Section 101(b)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is
amended by adding at the end the following new subparagraph:
``(C) engages in international terrorism or
activities in preparation therefore; or''.
(b) Sunset.--The amendment made by subsection (a) shall be
subject to the sunset provision in section 224 of Public Law
107-56 (115 Stat. 295), including the exception provided in
subsection (b) of such section 224.
SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Additional Reporting Requirements.--The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
is amended--
(1) by redesignating--
(A) title VI as title VII; and
(B) section 601 as section 701; and
(2) by inserting after title V the following new
title:
``TITLE VI--REPORTING REQUIREMENT
``SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
``(a) Report.--On a semiannual basis, the Attorney General
shall submit to the Permanent Select Committee on Intelligence
of the House of Representatives, the Select Committee on
Intelligence of the Senate, and the committees on the Judiciary
of the House of Representatives and the Senate, in a manner
consistent with the protection of the national security, a
report setting forth with respect to the preceding 6-month
period--
``(1) the aggregate number of persons targeted for
orders issued under this Act, including a breakdown of
those targeted for--
``(A) electronic surveillance under section
105;
``(B) physical searches under section 304;
``(C) pen registers under section 402; and
``(D) access to records under section 501;
``(2) the number of individuals covered by an order
issued pursuant to section 101(b)(1)(C);
``(3) the number of times that the Attorney General
has authorized that information obtained under this Act
may be used in a criminal proceeding or any information
derived therefrom may be used in a criminal proceeding;
``(4) a summary of significant legal
interpretations of this Act involving matters before
the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review,
including interpretations presented in applications or
pleadings filed with the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review by the Department of
Justice; and
``(5) copies of all decisions (not including
orders) or opinions of the Foreign Intelligence
Surveillance Court or Foreign Intelligence Surveillance
Court of Review that include significant construction
or interpretation of the provisions of this Act.
``(b) Frequency.--The first report under this section shall
be submitted not later than 6 months after the date of
enactment of this section. Subsequent reports under this
section shall be submitted semi-annually thereafter.''.
(b) Clerical Amendment.--The table of contents for the
Foreign Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by striking the items relating to title VI and
inserting the following new items:
``TITLE VI--REPORTING REQUIREMENT
``Sec. 601. Semiannual report of the Attorney General.
``TITLE VII--EFFECTIVE DATE
``Sec. 701. Effective date.''.
Subtitle B--Money Laundering and Terrorist Financing
SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States
Code, is amended--
(1) by striking ``appropriations.--There are
authorized'' and inserting ``Appropriations.--
``(1) In general.--There are authorized''; and
(2) by adding at the end the following new
paragraph:
``(2) Authorization for funding key technological
improvements in mission-critical fincen systems.--There
are authorized to be appropriated for fiscal year 2005
the following amounts, which are authorized to remain
available until expended:
``(A) BSA direct.--For technological
improvements to provide authorized law
enforcement and financial regulatory agencies
with Web-based access to FinCEN data, to fully
develop and implement the highly secure network
required under section 362 of Public Law 107-56
to expedite the filing of, and reduce the
filing costs for, financial institution
reports, including suspicious activity reports,
collected by FinCEN under chapter 53 and
related provisions of law, and enable FinCEN to
immediately alert financial institutions about
suspicious activities that warrant immediate
and enhanced scrutiny, and to provide and
upgrade advanced information-sharing
technologies to materially improve the
Government's ability to exploit the information
in the FinCEN data banks, $16,500,000.
``(B) Advanced analytical technologies.--To
provide advanced analytical tools needed to
ensure that the data collected by FinCEN under
chapter 53 and related provisions of law are
utilized fully and appropriately in
safeguarding financial institutions and
supporting the war on terrorism, $5,000,000.
``(C) Data networking modernization.--To
improve the telecommunications infrastructure
to support the improved capabilities of the
FinCEN systems, $3,000,000.
``(D) Enhanced compliance capability.--To
improve the effectiveness of the Office of
Compliance in FinCEN, $3,000,000.
``(E) Detection and prevention of financial
crimes and terrorism.--To provide development
of, and training in the use of, technology to
detect and prevent financial crimes and
terrorism within and without the United States,
$8,000,000.''.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
REAUTHORIZATION.
(a) Program.--Section 5341(a)(2) of title 31, United States
Code, is amended--
(1) by striking ``February 1'' and inserting
``August 1''; and
(2) by striking ``and 2003,'' and inserting ``2003,
2005, and 2007,''.
(b) Reauthorization of Appropriations.--Section 5355 of
title 31, United States Code, is amended by adding at the end
the following:
``2004............$15,000,000.........................................
``2005............$15,000,000.''......................................
Subtitle C--Money Laundering Abatement and Financial Antiterrorism
Technical Corrections
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``International Money
Laundering Abatement and Financial Antiterrorism Technical
Corrections Act of 2004''.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 is
amended to read as follows:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(b) The table of contents for Public Law 107-56 is amended
by striking the item relating to title III and inserting the
following:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(c) Section 302 of Public Law 107-56 is amended--
(1) in subsection (a)(4), by striking the comma
after ``movement of criminal funds'';
(2) in subsection (b)(7), by inserting ``or types
of accounts'' after ``classes of international
transactions''; and
(3) in subsection (b)(10), by striking
``subchapters II and III'' and inserting ``subchapter
II''.
(d) Section 303(a) of Public Law 107-56 is amended by
striking ``Anti-Terrorist Financing Act'' and inserting
``Financial Antiterrorism Act''.
(e) The heading for section 311 of Public Law 107-56 is
amended by striking ``OR INTERNATIONAL TRANSACTIONS'' and
inserting ``INTERNATIONAL TRANSACTIONS, OR TYPES OF ACCOUNTS''.
(f) Section 314 of Public Law 107-56 is amended--
(1) in paragraph (1)--
(A) by inserting a comma after
``organizations engaged in''; and
(B) by inserting a comma after ``credible
evidence of engaging in'';
(2) in paragraph (2)(A)--
(A) by striking ``and'' after
``nongovernmental organizations,''; and
(B) by inserting a comma after
``unwittingly involved in such finances'';
(3) in paragraph (3)(A)--
(A) by striking ``to monitor accounts of''
and inserting ``monitor accounts of,''; and
(B) by striking the comma after
``organizations identified''; and
(4) in paragraph (3)(B), by inserting ``financial''
after ``size, and nature of the''.
(g) Section 321(a) of Public Law 107-56 is amended by
striking ``5312(2)'' and inserting ``5312(a)(2)''.
(h) Section 325 of Public Law 107-56 is amended by striking
``as amended by section 202 of this title,'' and inserting ``as
amended by section 352,''.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public
Law 107-56 are each amended by striking ``2001'' and all that
follows and inserting a period.
(j) Section 356(c)(4) of Public Law 107-56 is amended by
striking ``or business or other grantor trust'' and inserting
``, business trust, or other grantor trust''.
(k) Section 358(e) of Public Law 107-56 is amended--
(1) by striking ``Section 123(a)'' and inserting
``That portion of section 123(a)'';
(2) by striking ``is amended to read'' and
inserting ``that precedes paragraph (1) of such section
is amended to read''; and
(3) in the amendment made in that subsection (e),
by striking ``person.'' and inserting the following:
``person--''.
(l) Section 360 of Public Law 107-56 is amended--
(1) in subsection (a), by inserting ``the'' after
``utilization of the funds of''; and
(2) in subsection (b), by striking ``at such
institutions'' and inserting ``at such institution''.
(m) Section 362(a)(1) of Public Law 107-56 is amended by
striking ``subchapter II or III'' and inserting ``subchapter
II''.
(n) Section 365 of Public Law 107-56 is amended--
(1) by redesignating the second of the 2
subsections designated as subsection (c) (relating to a
clerical amendment) as subsection (d); and
(2) by redesignating subsection (f) as subsection
(e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated
by subsection (n) of this section) is amended by striking
``section 5332 (as added by section 112 of this title)'' and
inserting ``section 5330''.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is
amended by striking ``the Network'' each place such term
appears and inserting ``FinCEN''.
(b) Section 5312(a)(3)(C) of title 31, United States Code,
is amended by striking ``sections 5333 and 5316'' and inserting
``sections 5316 and 5331''.
(c) Section 5318(i) of title 31, United States Code, is
amended--
(1) in paragraph (3)(B), by inserting a comma after
``foreign political figure'' the second place such term
appears; and
(2) in the heading of paragraph (4), by striking
``Definition'' and inserting ``Definitions''.
(d) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking ``section 5318A(f)(1)(B)'' and inserting
``section 5318A(e)(1)(B)''.
(e) The heading for section 5318A of title 31, United
States Code, is amended to read as follows:
``Sec. 5318A. Special measures for jurisdictions, financial
institutions, international transactions, or types
of accounts of primary money laundering concern''.
(f) Section 5318A of title 31, United States Code, is
amended--
(1) in subsection (a)(4)(A), by striking ``, as
defined in section 3 of the Federal Deposit Insurance
Act,'' and inserting ``(as defined in section 3 of the
Federal Deposit Insurance Act)'';
(2) in subsection (a)(4)(B)(iii), by striking ``or
class of transactions'' and inserting ``class of
transactions, or type of account'';
(3) in subsection (b)(1)(A), by striking ``or class
of transactions to be'' and inserting ``class of
transactions, or type of account to be''; and
(4) in subsection (e)(3), by inserting ``or
subsection (i) or (j) of section 5318'' after
``identification of individuals under this section''.
(g) Section 5324(b) of title 31, United States Code, is
amended by striking ``5333'' each place such term appears and
inserting ``5331''.
(h) Section 5332 of title 31, United States Code, is
amended--
(1) in subsection (b)(2), by striking ``, subject
to subsection (d) of this section''; and
(2) in subsection (c)(1), by striking ``, subject
to subsection (d) of this section,''.
(i) The table of sections for subchapter II of chapter 53
of title 31, United States Code, is amended by striking the
item relating to section 5318A and inserting the following:
``5318A. Special measures for jurisdictions, financial institutions,
international transactions, or types of accounts of primary
money laundering concern.''.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(w)(3)) is amended by inserting a comma after
``agent of such institution''.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act
(12 U.S.C. 1829b(a)(2)) is amended by striking ``recognizes
that'' and inserting ``recognizing that''.
(l) Section 626(e) of the Fair Credit Reporting Act (15
U.S.C. 1681v(e)) is amended by striking ``governmental agency''
and inserting ``government agency''.
SEC. 6204. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking
section 303 (31 U.S.C. 5311 note).
SEC. 6205. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107-
56, the United States Code, the Federal Deposit Insurance Act,
and any other provision of law shall take effect as if such
amendments had been included in Public Law 107-56, as of the
date of enactment of such Public Law, and no amendment made by
such Public Law that is inconsistent with an amendment made by
this subchapter shall be deemed to have taken effect.
Subtitle D--Additional Enforcement Tools
SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
(a) Production of Documents.--Section 5114(a) of title 31,
United States Code (relating to engraving and printing currency
and security documents), is amended--
(1) by striking ``(a) The Secretary of the
Treasury'' and inserting:
``(a) Authority To Engrave and Print.--
``(1) In general.--The Secretary of the Treasury'';
and
(2) by adding at the end the following new
paragraphs:
``(2) Engraving and printing for other
governments.--The Secretary of the Treasury may produce
currency, postage stamps, and other security documents
for foreign governments if--
``(A) the Secretary of the Treasury
determines that such production will not
interfere with engraving and printing needs of
the United States; and
``(B) the Secretary of State determines
that such production would be consistent with
the foreign policy of the United States.
``(3) Procurement guidelines.--Articles, material,
and supplies procured for use in the production of
currency, postage stamps, and other security documents
for foreign governments pursuant to paragraph (2) shall
be treated in the same manner as articles, material,
and supplies procured for public use within the United
States for purposes of title III of the Act of March 3,
1933 (41 U.S.C. 10a et seq.; commonly referred to as
the Buy American Act).''.
(b) Reimbursement.--Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of
Engraving and Printing), is amended--
(1) in the first sentence, by inserting ``or to a
foreign government under section 5114'' after
``agency'';
(2) in the second sentence, by inserting ``and
other'' after ``including administrative''; and
(3) in the last sentence, by inserting ``, and the
Secretary shall take such action, in coordination with
the Secretary of State, as may be appropriate to ensure
prompt payment by a foreign government of any invoice
or statement of account submitted by the Secretary with
respect to services rendered under section 5114''
before the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF FUNDS.
Section 5318 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(n) Reporting of Certain Cross-Border Transmittals of
Funds.--
``(1) In general.--Subject to paragraphs (3) and
(4), the Secretary shall prescribe regulations
requiring such financial institutions as the Secretary
determines to be appropriate to report to the Financial
Crimes Enforcement Network certain cross-border
electronic transmittals of funds, if the Secretary
determines that reporting of such transmittals is
reasonably necessary to conduct the efforts of the
Secretary against money laundering and terrorist
financing.
``(2) Limitation on reporting requirements.--
Information required to be reported by the regulations
prescribed under paragraph (1) shall not exceed the
information required to be retained by the reporting
financial institution pursuant to section 21 of the
Federal Deposit Insurance Act and the regulations
promulgated thereunder, unless--
``(A) the Board of Governors of the Federal
Reserve System and the Secretary jointly
determine that a particular item or items of
information are not currently required to be
retained under such section or such
regulations; and
``(B) the Secretary determines, after
consultation with the Board of Governors of the
Federal Reserve System, that the reporting of
such information is reasonably necessary to
conduct the efforts of the Secretary to
identify cross-border money laundering and
terrorist financing.
``(3) Form and manner of reports.--In prescribing
the regulations required under paragraph (1), the
Secretary shall, subject to paragraph (2), determine
the appropriate form, manner, content, and frequency of
filing of the required reports.
``(4) Feasibility report.--
``(A) In general.--Before prescribing the
regulations required under paragraph (1), and
as soon as is practicable after the date of
enactment of the National Intelligence Reform
Act of 2004, the Secretary shall submit a
report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives that--
``(i) identifies the information in
cross-border electronic transmittals of
funds that may be found in particular
cases to be reasonably necessary to
conduct the efforts of the Secretary to
identify money laundering and terrorist
financing, and outlines the criteria to
be used by the Secretary to select the
situations in which reporting under
this subsection may be required;
``(ii) outlines the appropriate
form, manner, content, and frequency of
filing of the reports that may be
required under such regulations;
``(iii) identifies the technology
necessary for the Financial Crimes
Enforcement Network to receive, keep,
exploit, protect the security of, and
disseminate information from reports of
cross-border electronic transmittals of
funds to law enforcement and other
entities engaged in efforts against
money laundering and terrorist
financing; and
``(iv) discusses the information
security protections required by the
exercise of the Secretary's authority
under this subsection.
``(B) Consultation.--In reporting the
feasibility report under subparagraph (A), the
Secretary may consult with the Bank Secrecy Act
Advisory Group established by the Secretary,
and any other group considered by the Secretary
to be relevant.
``(5) Regulations.--
``(A) In general.--Subject to subparagraph
(B), the regulations required by paragraph (1)
shall be prescribed in final form by the
Secretary, in consultation with the Board of
Governors of the Federal Reserve System, before
the end of the 3-year period beginning on the
date of enactment of the National Intelligence
Reform Act of 2004.
``(B) Technological feasibility.--No
regulations shall be prescribed under this
subsection before the Secretary certifies to
the Congress that the Financial Crimes
Enforcement Network has the technological
systems in place to effectively and efficiently
receive, keep, exploit, protect the security
of, and disseminate information from reports of
cross-border electronic transmittals of funds
to law enforcement and other entities engaged
in efforts against money laundering and
terrorist financing.''.
SEC. 6303. TERRORISM FINANCING.
(a) Report on Terrorist Financing.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the President, acting
through the Secretary of the Treasury, shall submit to
Congress a report evaluating the current state of
United States efforts to curtail the international
financing of terrorism.
(2) Contents.--The report required by paragraph (1)
shall evaluate and make recommendations on--
(A) the effectiveness and efficiency of
current United States governmental efforts and
methods to detect, track, disrupt, and stop
terrorist financing;
(B) the relationship between terrorist
financing and money laundering, including how
the laundering of proceeds related to illegal
narcotics or foreign political corruption may
contribute to terrorism or terrorist financing;
(C) the nature, effectiveness, and
efficiency of current efforts to coordinate
intelligence and agency operations within the
United States Government to detect, track,
disrupt, and stop terrorist financing,
including identifying who, if anyone, has
primary responsibility for developing
priorities, assigning tasks to agencies, and
monitoring the implementation of policy and
operations;
(D) the effectiveness and efficiency of
efforts to protect the critical infrastructure
of the United States financial system, and ways
to improve the effectiveness of financial
institutions;
(E) ways to improve multilateral and
international governmental cooperation on
terrorist financing, including the adequacy of
agency coordination within the United States
related to participating in international
cooperative efforts and implementing
international treaties and compacts; and
(F) ways to improve the setting of
priorities and coordination of United States
efforts to detect, track, disrupt, and stop
terrorist financing, including recommendations
for changes in executive branch organization or
procedures, legislative reforms, additional
resources, or use of appropriated funds.
(b) Postemployment Restriction for Certain Bank and Thrift
Examiners.--Section 10 of the Federal Deposit Insurance Act (12
U.S.C. 1820) is amended by adding at the end the following:
``(k) One-Year Restrictions on Federal Examiners of
Financial Institutions.--
``(1) In general.--In addition to other applicable
restrictions set forth in title 18, United States Code,
the penalties set forth in paragraph (6) of this
subsection shall apply to any person who--
``(A) was an officer or employee (including
any special Government employee) of a Federal
banking agency or a Federal reserve bank;
``(B) served 2 or more months during the
final 12 months of his or her employment with
such agency or entity as the senior examiner
(or a functionally equivalent position) of a
depository institution or depository
institution holding company with continuing,
broad responsibility for the examination (or
inspection) of that depository institution or
depository institution holding company on
behalf of the relevant agency or Federal
reserve bank; and
``(C) within 1 year after the termination
date of his or her service or employment with
such agency or entity, knowingly accepts
compensation as an employee, officer, director,
or consultant from--
``(i) such depository institution,
any depository institution holding
company that controls such depository
institution, or any other company that
controls such depository institution;
or
``(ii) such depository institution
holding company or any depository
institution that is controlled by such
depository institution holding company.
``(2) Definitions.--For purposes of this
subsection--
``(A) the term `depository institution'
includes an uninsured branch or agency of a
foreign bank, if such branch or agency is
located in any State; and
``(B) the term `depository institution
holding company' includes any foreign bank or
company described in section 8(a) of the
International Banking Act of 1978.
``(3) Rules of construction.--For purposes of this
subsection, a foreign bank shall be deemed to control
any branch or agency of the foreign bank, and a person
shall be deemed to act as a consultant for a depository
institution, depository institution holding company, or
other company, only if such person directly works on
matters for, or on behalf of, such depository
institution, depository institution holding company, or
other company.
``(4) Regulations.--
``(A) In general.--Each Federal banking
agency shall prescribe rules or regulations to
administer and carry out this subsection,
including rules, regulations, or guidelines to
define the scope of persons referred to in
paragraph (1)(B).
``(B) Consultation required.--The Federal
banking agencies shall consult with each other
for the purpose of assuring that the rules and
regulations issued by the agencies under
subparagraph (A) are, to the extent possible,
consistent, comparable, and practicable, taking
into account any differences in the supervisory
programs utilized by the agencies for the
supervision of depository institutions and
depository institution holding companies.
``(5) Waiver.--
``(A) Agency authority.--A Federal banking
agency may grant a waiver, on a case by case
basis, of the restriction imposed by this
subsection to any officer or employee
(including any special Government employee) of
that agency, and the Board of Governors of the
Federal Reserve System may grant a waiver of
the restriction imposed by this subsection to
any officer or employee of a Federal reserve
bank, if the head of such agency certifies in
writing that granting the waiver would not
affect the integrity of the supervisory program
of the relevant Federal banking agency.
``(B) Definition.--For purposes of this
paragraph, the head of an agency is--
``(i) the Comptroller of the
Currency, in the case of the Office of
the Comptroller of the Currency;
``(ii) the Chairman of the Board of
Governors of the Federal Reserve
System, in the case of the Board of
Governors of the Federal Reserve
System;
``(iii) the Chairperson of the
Board of Directors, in the case of the
Corporation; and
``(iv) the Director of the Office
of Thrift Supervision, in the case of
the Office of Thrift Supervision.
``(6) Penalties.--
``(A) In general.--In addition to any other
administrative, civil, or criminal remedy or
penalty that may otherwise apply, whenever a
Federal banking agency determines that a person
subject to paragraph (1) has become associated,
in the manner described in paragraph (1)(C),
with a depository institution, depository
institution holding company, or other company
for which such agency serves as the appropriate
Federal banking agency, the agency shall impose
upon such person one or more of the following
penalties:
``(i) Industry-wide prohibition
order.--The Federal banking agency
shall serve a written notice or order
in accordance with and subject to the
provisions of section 8(e)(4) for
written notices or orders under
paragraph (1) or (2) of section 8(e),
upon such person of the intention of
the agency--
``(I) to remove such person
from office or to prohibit such
person from further
participation in the conduct of
the affairs of the depository
institution, depository
institution holding company, or
other company for a period of
up to 5 years; and
``(II) to prohibit any
further participation by such
person, in any manner, in the
conduct of the affairs of any
insured depository institution
for a period of up to 5 years.
``(ii) Civil monetary penalty.--The
Federal banking agency may, in an
administrative proceeding or civil
action in anappropriate United States
district court, impose on such person a civil monetary penalty of not
more than $250,000. Any administrative proceeding under this clause
shall be conducted in accordance with section 8(i). In lieu of an
action by the Federal banking agency under this clause, the Attorney
General of the United States may bring a civil action under this clause
in the appropriate United States district court.
``(B) Scope of prohibition order.--Any
person subject to an order issued under
subparagraph (A)(i) shall be subject to
paragraphs (6) and (7) of section 8(e) in the
same manner and to the same extent as a person
subject to an order issued under such section.
``(C) Definitions.--Solely for purposes of
this paragraph, the `appropriate Federal
banking agency' for a company that is not a
depository institution or depository
institution holding company shall be the
Federal banking agency on whose behalf the
person described in paragraph (1) performed the
functions described in paragraph (1)(B).''.
(c) Postemployment Restriction for Certain Credit Union
Examiners.--Section 206 of the Federal Credit Union Act (12
U.S.C. 1786) is amended by adding at the end the following:
``(w) One-Year Restrictions on Federal Examiners of Insured
Credit Unions.--
``(1) In general.--In addition to other applicable
restrictions set forth in title 18, United States Code,
the penalties set forth in paragraph (5) of this
subsection shall apply to any person who--
``(A) was an officer or employee (including
any special Government employee) of the
Administration;
``(B) served 2 or more months during the
final 12 months of his or her employment with
the Administration as the senior examiner (or a
functionally equivalent position) of an insured
credit union with continuing, broad
responsibility for the examination (or
inspection) of that insured credit union on
behalf of the Administration; and
``(C) within 1 year after the termination
date of his or her service or employment with
the Administration, knowingly accepts
compensation as an employee, officer, director,
or consultant from such insured credit union.
``(2) Rule of construction.--For purposes of this
subsection, a person shall be deemed to act as a
consultant for an insured credit union only if such
person directly works on matters for, or on behalf of,
such insured credit union.
``(3) Regulations.--
``(A) In general.--The Board shall
prescribe rules or regulations to administer
and carry out this subsection, including rules,
regulations, or guidelines to define the scope
of persons referred to in paragraph (1)(B).
``(B) Consultation.--In prescribing rules
or regulations under this paragraph, the Board
shall, to the extent it deems necessary,
consult with the Federal banking agencies (as
defined in section 3 of the Federal Deposit
Insurance Act) on regulations issued by such
agencies in carrying out section 10(k) of the
Federal Deposit Insurance Act.
``(4) Waiver.--The Board may grant a waiver, on a
case by case basis, of the restriction imposed by this
subsection to any officer or employee (including any
special Government employee) of the Administration if
the Chairman certifies in writing that granting the
waiver would not affect the integrity of the
supervisory program of the Administration.
``(5) Penalties.--
``(A) In general.--In addition to any other
administrative, civil, or criminal remedy or
penalty that may otherwise apply, whenever the
Board determines that a person subject to
paragraph (1) has become associated, in the
manner described in paragraph (1)(C), with an
insured credit union, the Board shall impose
upon such person one or more of the following
penalties:
``(i) Industry-wide prohibition
order.--The Board shall serve a written
notice or order in accordance with and
subject to the provisions of subsection
(g)(4) for written notices or orders
under paragraph (1) or (2) of
subsection (g), upon such person of the
intention of the Board--
``(I) to remove such person
from office or to prohibit such
person from further
participation in the conduct of
the affairs of the insured
credit union for a period of up
to 5 years; and
``(II) to prohibit any
further participation by such
person, in any manner, in the
conduct of the affairs of any
insured credit union for a
period of up to 5 years.
``(ii) Civil monetary penalty.--The
Board may, in an administrative
proceeding or civil action in an
appropriate United States district
court, impose on such person a civil
monetary penalty of not more than
$250,000. Any administrative proceeding
under this clause shall be conducted in
accordance with subsection (k). In lieu
of an action by the Board under this
clause, the Attorney General of the
United States may bring a civil action
under this clause in the appropriate
United States district court.
``(B) Scope of prohibition order.--Any
person subject to an order issued under this
subparagraph (A)(i) shall be subject to
paragraphs (5) and (7) of subsection (g) in the
same manner and to the same extent as a person
subject to an order issued under subsection
(g).''.
(d) Effective Date.--Notwithstanding any other effective
date established pursuant to this Act, subsection (a) shall
become effective on the date of enactment of this Act, and the
amendments made by subsections (b) and (c) shall become
effective at the end of the 12-month period beginning on the
date of enactment of this Act, whether or not final regulations
are issued in accordance with the amendments made by this
section as of that date of enactment.
Subtitle E--Criminal History Background Checks
SEC. 6401. PROTECT ACT.
Public Law 108-21 is amended--
(1) in section 108(a)(2)(A) by striking ``an 18
month'' and inserting ``a 30-month''; and
(2) in section 108(a)(3)(A) by striking ``an 18-
month'' and inserting ``a 30-month''.
SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE
SECURITY OFFICER EMPLOYMENT.
(a) Short Title.--This section may be cited as the
``Private Security Officer Employment Authorization Act of
2004''.
(b) Findings.--Congress finds that--
(1) employment of private security officers in the
United States is growing rapidly;
(2) private security officers function as an
adjunct to, but not a replacement for, public law
enforcement by helping to reduce and prevent crime;
(3) such private security officers protect
individuals, property, and proprietary information, and
provide protection to such diverse operations as banks,
hospitals, research and development centers,
manufacturing facilities, defense and aerospace
contractors, high technology businesses, nuclear power
plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations,
office complexes, schools, residential properties,
apartment complexes, gated communities, and others;
(4) sworn law enforcement officers provide
significant services to the citizens of the United
States in its public areas, and are supplemented by
private security officers;
(5) the threat of additional terrorist attacks
requires cooperation between public and private sectors
and demands professional, reliable, and responsible
security officers for the protection of people,
facilities, and institutions;
(6) the trend in the Nation toward growth in such
security services has accelerated rapidly;
(7) such growth makes available more public sector
law enforcement officers to combat serious and violent
crimes, including terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as
an adjunct to sworn law enforcement officers; and
(9) private security officers and applicants for
private security officer positions should be thoroughly
screened and trained.
(c) Definitions.--In this section:
(1) Employee.--The term ``employee'' includes both
a current employee and an applicant for employment as a
private security officer.
(2) Authorized employer.--The term ``authorized
employer'' means any person that--
(A) employs private security officers; and
(B) is authorized by regulations
promulgated by the Attorney General to request
a criminal history record information search of
an employee through a State identification
bureau pursuant to this section.
(3) Private security officer.--The term ``private
security officer''--
(A) means an individual other than an
employee of a Federal, State, or local
government, whose primary duty is to perform
security services, full or part time, for
consideration, whether armed or unarmed and in
uniform or plain clothes (except for services
excluded from coverage under this Act if the
Attorney General determines by regulation that
such exclusion would serve the public
interest); but
(B) does not include--
(i) employees whose duties are
primarily internal audit or credit
functions;
(ii) employees of electronic
security system companies acting as
technicians or monitors; or
(iii) employees whose duties
primarily involve the secure movement
of prisoners.
(4) Security services.--The term ``security
services'' means acts to protect people or property as
defined by regulations promulgated by the Attorney
General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity
designated by the Attorney General for the submission
and receipt of criminal history record information.
(d) Criminal History Record Information Search.--
(1) In general.--
(A) Submission of fingerprints.--An
authorized employer may submit to the State
identification bureau of a participating State,
fingerprints or other means of positive
identification, as determined by the Attorney
General, of an employee of such employer for
purposes of a criminal history record
information search pursuant to this Act.
(B) Employee rights.--
(i) Permission.--An authorized
employer shall obtain written consent
from an employee to submit to the State
identification bureau of the
participating State the request to
search the criminal history record
information of the employee under this
Act.
(ii) Access.--An authorized
employer shall provide to the employee
confidential access to any information
relating to the employee received by
the authorized employer pursuant to
this Act.
(C) Providing information to the state
identification bureau.--Upon receipt of a
request for a criminal history record
information search from an authorized employer
pursuant to this Act, submitted through the
State identification bureau of a participating
State, the Attorney General shall--
(i) search the appropriate records
of the Criminal Justice Information
Services Division of the Federal Bureau
of Investigation; and
(ii) promptly provide any resulting
identification and criminal history
record information to the submitting
State identification bureau requesting
the information.
(D) Use of information.--
(i) In general.--Upon receipt of
the criminal history record information
from the Attorney General by the State
identification bureau, the information
shall be used only as provided in
clause (ii).
(ii) Terms.--In the case of--
(I) a participating State
that has no State standards for
qualification to be a private
security officer, the State
shall notify an authorized
employer as to the fact of
whether an employee has been--
(aa) convicted of a
felony, an offense
involving dishonesty or
a false statement if
the conviction occurred
during the previous 10
years, or an offense
involving the use or
attempted use of
physical force against
the person of another
if the conviction
occurred during the
previous 10 years; or
(bb) charged with a
criminal felony for
which there has been no
resolution during the
preceding 365 days; or
(II) a participating State
that has State standards for
qualification to be a private
security officer, the State
shall use the information
received pursuant to this Act
in applying the State standards
and shall only notify the
employer of the results of the
application of the State
standards.
(E) Frequency of requests.--An authorized
employer may request a criminal history record
information search for an employee only once
every 12 months of continuous employment by
that employee unless the authorized employer
has good cause to submit additional requests.
(2) Regulations.--Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall issue such final or interim final regulations as
may be necessary to carry out this Act, including--
(A) measures relating to the security,
confidentiality, accuracy, use, submission,
dissemination, destruction of information and
audits, and record keeping;
(B) standards for qualification as an
authorized employer; and
(C) the imposition of reasonable fees
necessary for conducting the background checks.
(3) Criminal penalties for use of information.--
Whoever knowingly and intentionally uses any
information obtained pursuant to this Act other than
for the purpose of determining the suitability of an
individual for employment as a private security officer
shall be fined under title 18, United States Code, or
imprisoned for not more than 2 years, or both.
(4) User fees.--
(A) In general.--The Director of the
Federal Bureau of Investigation may--
(i) collect fees to process
background checks provided for by this
Act; and
(ii) establish such fees at a level
to include an additional amount to
defray expenses for the automation of
fingerprint identification and criminal
justice information services and
associated costs.
(B) Limitations.--Any fee collected under
this subsection--
(i) shall, consistent with Public
Law 101-515 and Public Law 104-99, be
credited to the appropriation to be
used for salaries and other expenses
incurred through providing the services
described in such Public Laws and in
subparagraph (A);
(ii) shall be available for
expenditure only to pay the costs of
such activities and services; and
(iii) shall remain available until
expended.
(C) State costs.--Nothing in this Act shall
be construed as restricting the right of a
State to assess a reasonable fee on an
authorized employer for the costs to the State
of administering this Act.
(5) State opt out.--A State may decline to
participate in the background check system authorized
by this Act by enacting a law or issuing an order by
the Governor (if consistent with State law) providing
that the State is declining to participate pursuant to
this subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall report to the
Judiciary Committee of the Senate and the Judiciary Committee
of the House of Representatives regarding all statutory
requirements for criminal history record checks that are
required to be conducted by the Department of Justice or any of
its components.
(b) Definitions.--As used in this section--
(1) the terms ``criminal history information'' and
``criminal history records'' include--
(A) an identifying description of the
individual to whom the information or records
pertain;
(B) notations of arrests, detentions,
indictments, or other formal criminal charges
pertaining to such individual; and
(C) any disposition to a notation described
in subparagraph (B), including acquittal,
sentencing, correctional supervision, or
release; and
(2) the term ``IAFIS'' means the Integrated
Automated Fingerprint Identification System of the
Federal Bureau of Allocation, which serves as the
national depository for fingerprint, biometric, and
criminal history information, through which
fingerprints are processed electronically.
(c) Identification of Information.--The Attorney General
shall identify--
(1) the number of criminal history record checks
requested, including the type of information requested;
(2) the usage of different terms and definitions
regarding criminal history information; and
(3) the variation in fees charged for such
information and who pays such fees.
(d) Recommendations.--The Attorney General shall make
recommendations to Congress for improving, standardizing, and
consolidating the existing statutory authorization, programs,
and procedures for the conduct of criminal history record
checks for non-criminal justice purposes. In making these
recommendations to Congress, the Attorney General shall
consider--
(1) the effectiveness and efficiency of utilizing
commercially available databases as a supplement to
IAFIS criminal history information checks;
(2) any security concerns created by the existence
of these commercially available databases concerning
their ability to provide sensitive information that is
not readily available about law enforcement or
intelligence officials, including their identity,
residence, and financial status;
(3) the effectiveness of utilizing State databases;
(4) any feasibility studies by the Department of
Justice of the resources and structure of the Federal
Bureau of Investigation to establish a system to
provide criminal history information;
(5) privacy rights and other employee protections,
including--
(A) employee consent;
(B) access to the records used if
employment was denied;
(C) the disposition of the fingerprint
submissions after the records are searched;
(D) an appeal mechanism; and
(E) penalties for misuse of the
information;
(6) the scope and means of processing background
checks for private employers utilizing data maintained
by the Federal Bureau of Investigation that the
Attorney General should be allowed to authorize in
cases where the authority for such checks is not
available at the State level;
(7) any restrictions that should be placed on the
ability of an employer to charge an employee or
prospective employee for the cost associated with the
background check;
(8) which requirements should apply to the handling
of incomplete records;
(9) the circumstances under which the criminal
history information should be disseminated to the
employer;
(10) the type of restrictions that should be
prescribed for the handling of criminal history
information by an employer;
(11) the range of Federal and State fees that might
apply to such background check requests;
(12) any requirements that should be imposed
concerning the time for responding to such background
check requests;
(13) any infrastructure that may need to be
developed to support the processing of such checks,
including--
(A) the means by which information is
collected and submitted in support of the
checks; and
(B) the system capacity needed to process
such checks at the Federal and State level;
(14) the role that States should play; and
(15) any other factors that the Attorney General
determines to be relevant to the subject of the report.
(e) Consultation.--In developing the report under this
section, the Attorney General shall consult with
representatives of State criminal history record repositories,
the National Crime Prevention and Privacy Compact Council,
appropriate representatives of private industry, and
representatives of labor, as determined appropriate by the
Attorney General.
Subtitle F--Grand Jury Information Sharing
SEC. 6501. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments.--Rule 6(e) of the Federal Rules of
Criminal Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking
``or state subdivision or of an Indian tribe''
and inserting ``, state subdivision, Indian
tribe, or foreign government'';
(B) in subparagraph (D)--
(i) by inserting after the first
sentence the following: ``An attorney
for the government may also disclose
any grand jury matter involving, within
the United States or elsewhere, a
threat of attack or other grave hostile
acts of a foreign power or its agent, a
threat of domestic or international
sabotage or terrorism, or clandestine
intelligence gathering activities by an
intelligence service or network of a
foreign power or by its agent, to any
appropriate Federal, State, State
subdivision, Indian tribal, or foreign
government official, for the purpose of
preventing or responding to such threat
or activities.''; and
(ii) in clause (i)--
(I) by striking
``federal''; and
(II) by adding at the end
the following: ``Any State,
State subdivision, Indian
tribal, or foreign government
official who receives
information under Rule
6(e)(3)(D) may use the
information only consistent
with such guidelines as the
Attorney General and the
Director of National
Intelligence shall jointly
issue.''; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii)
and (iv) as clauses (iv) and (v),
respectively;
(ii) by inserting after clause (ii)
the following:
``(iii) at the request of the
government, when sought by a foreign
court or prosecutor for use in an
official criminal investigation;''; and
(iii) in clause (iv), as
redesignated--
(I) by striking ``state or
Indian tribal'' and inserting
``State, Indian tribal, or
foreign''; and
(II) by striking ``or
Indian tribal official'' and
inserting ``Indian tribal, or
foreign government official'';
and
(2) in paragraph (7), by inserting ``, or of
guidelines jointly issued by the Attorney General and
the Director of National Intelligence pursuant to Rule
6,'' after ``Rule 6''.
(b) Conforming Amendment.--Section 203(c) of Public Law
107-56 (18 U.S.C. 2517 note) is amended by striking ``Rule
6(e)(3)(C)(i)(V) and (VI)'' and inserting ``Rule 6(e)(3)(D)''.
Subtitle G--Providing Material Support to Terrorism
SEC. 6601. SHORT TITLE.
This subtitle may be cited as the ``Material Support to
Terrorism Prohibition Enhancement Act of 2004''.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST
ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2339C the following new section:
``Sec. 2339D. Receiving military-type training from a foreign terrorist
organization
``(a) Offense.--Whoever knowingly receives military-type
training from or on behalf of any organization designated at
the time of the training by the Secretary of State under
section 219(a)(1) of the Immigration and Nationality Act as a
foreign terrorist organization shall be fined under this title
or imprisoned for ten years, or both. To violate this
subsection, a person must have knowledge that the organization
is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or
engages in terrorist activity (as defined in section 212 of the
Immigration and Nationality Act), or that the organization has
engaged or engages in terrorism (as defined in section
140(d)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989).
``(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section. There is jurisdiction over an offense under
subsection (a) if--
``(1) an offender is a national of the United
States (as defined in 101(a)(22) of the Immigration and
Nationality Act) or an alien lawfully admitted for
permanent residence in the United States (as defined in
section 101(a)(20) of the Immigration and Nationality
Act);
``(2) an offender is a stateless person whose
habitual residence is in the United States;
``(3) after the conduct required for the offense
occurs an offender is brought into or found in the
United States, even if the conduct required for the
offense occurs outside the United States;
``(4) the offense occurs in whole or in part within
the United States;
``(5) the offense occurs in or affects interstate
or foreign commerce; or
``(6) an offender aids or abets any person over
whom jurisdiction exists under this paragraph in
committing an offense under subsection (a) or conspires
with any person over whom jurisdiction exists under
this paragraph to commit an offense under subsection
(a).
``(c) Definitions.--As used in this section--
``(1) the term `military-type training' includes
training in means or methods that can cause death or
serious bodily injury, destroy or damage property, or
disrupt services to critical infrastructure, or
training on the use, storage, production, or assembly
of any explosive, firearm or other weapon, including
any weapon of mass destruction (as defined in section
2232a(c)(2));
``(2) the term `serious bodily injury' has the
meaning given that term in section 1365(h)(3);
``(3) the term `critical infrastructure' means
systems and assets vital to national defense, national
security, economic security, public health or safety
including both regional and national infrastructure.
Critical infrastructure may be publicly or privately
owned; examples of critical infrastructure include gas
and oil production, storage, or delivery systems, water
supply systems, telecommunications networks, electrical
power generation or delivery systems, financing and
banking systems, emergency services (including medical,
police, fire, and rescue services), and transportation
systems and services (including highways, mass transit,
airlines, and airports); and
``(4) the term `foreign terrorist organization'
means an organization designated as a terrorist
organization under section 219(a)(1) of the Immigration
and Nationality Act.''.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO
TERRORISM.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended--
(1) in section 2332b(g)(5)(B)(i)--
(A) by inserting ``1361 (relating to
government property or contracts),'' before
``1362''; and
(B) by inserting ``2156 (relating to
national defense material, premises, or
utilities),'' before ``2280''; and
(2) in section 2339A--
(A) by striking ``or'' before ``section
46502''; and
(B) by inserting ``or any offense listed in
section 2332b(g)(5)(B) (except for sections
2339A and 2339B)'' after ``section 60123(b) of
title 49,''.
(b) Definitions.--Section 2339A(b) of title 18, United
States Code, is amended to read as follows:
``(b) Definitions.--As used in this section--
``(1) the term `material support or resources'
means any property, tangible or intangible, or service,
including currency or monetary instruments or financial
securities, financial services, lodging, training,
expert advice or assistance, safehouses, false
documentation or identification, communications
equipment, facilities, weapons, lethal substances,
explosives, personnel (1 or more individuals who may be
or include oneself), and transportation, except
medicine or religious materials;
``(2) the term `training' means instruction or
teaching designed to impart a specific skill, as
opposed to general knowledge; and
``(3) the term `expert advice or assistance' means
advice or assistance derived from scientific, technical
or other specialized knowledge.''.
(c) Addition to Offense of Providing Material Support to
Terrorist Organizations.--Section 2339B(a)(1) of title 18,
United States Code, is amended--
(1) by striking ``, within the United States or
subject to the jurisdiction of the United States,'';
and
(2) by adding at the end the following: ``To
violate this paragraph, a person must have knowledge
that the organization is a designated terrorist
organization (as defined in subsection (g)(6)), that
the organization has engaged or engages in terrorist
activity (as defined in section 212(a)(3)(B) of the
Immigration and Nationality Act), or that the
organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).''.
(d) Federal Authority.--Section 2339B(d) of title 18 is
amended by striking ``There'' and inserting the following:
``(1) In general.--There is jurisdiction over an
offense under subsection (a) if--
``(A) an offender is a national of the
United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United
States (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(20)));
``(B) an offender is a stateless person
whose habitual residence is in the United
States;
``(C) after the conduct required for the
offense occurs an offender is brought into or
found in the United States, even if the conduct
required for the offense occurs outside the
United States;
``(D) the offense occurs in whole or in
part within the United States;
``(E) the offense occurs in or affects
interstate or foreign commerce; or
``(F) an offender aids or abets any person
over whom jurisdiction exists under this
paragraph in committing an offense under
subsection (a) or conspires with any person
over whom jurisdiction exists under this
paragraph to commit an offense under subsection
(a).''.
``(2) Extraterritorial jurisdiction.--There''.
(e) Definition.--Section 2339B(g)(4) of title 18, United
States Code, is amended to read as follows:
``(4) the term `material support or resources' has
the same meaning given that term in section 2339A
(including the definitions of `training' and `expert
advice or assistance' in that section);''.
(f) Additional Provisions.--Section 2339B of title 18,
United States Code, is amended by adding at the end the
following:
``(h) Provision of Personnel.--No person may be prosecuted
under this section in connection with the term `personnel'
unless that person has knowingly provided, attempted to
provide, or conspired to provide a foreign terrorist
organization with 1 or more individuals (who may be or include
himself) to work under that terrorist organization's direction
or control or to organize, manage, supervise, or otherwise
direct the operation of that organization. Individuals who act
entirely independently of the foreign terrorist organization to
advance its goals or objectives shall not be considered to be
working under the foreign terrorist organization's direction
and control.
``(i) Rule of Construction.--Nothing in this section shall
be construed or applied so as to abridge the exercise of rights
guaranteed under the First Amendment to the Constitution of the
United States.
``(j) Exception.--No person may be prosecuted under this
section in connection with the term `personnel', `training', or
`expert advice or assistance' if the provision of that material
support or resources to a foreign terrorist organization was
approved by the Secretary of State with the concurrence of the
Attorney General. The Secretary of State may not approve the
provision of any material support that may be used to carry out
terrorist activity (as defined in section 212(a)(3)(B)(iii) of
the Immigration and Nationality Act).''.
(g) Sunset Provision.--
(1) In general.--Except as provided in paragraph
(2), this section and the amendments made by this
section shall cease to be effective on December 31,
2006.
(2) Exception.--This section and the amendments
made by this section shall continue in effect with
respect to any particular offense that--
(A) is prohibited by this section or
amendments made by this section; and
(B) began or occurred before December 31,
2006.
SEC. 6604. FINANCING OF TERRORISM.
(a) Financing Terrorism.--Section 2339c(c)(2) of title 18,
United States Code, is amended--
(1) by striking ``, resources, or funds'' and
inserting ``or resources, or any funds or proceeds of
such funds'';
(2) in subparagraph (A), by striking ``were
provided'' and inserting ``are to be provided, or
knowing that the support or resources were provided,'';
and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such
funds''; and
(B) by striking ``were provided or
collected'' and inserting ``are to be provided
or collected, or knowing that the funds were
provided or collected,''.
(b) Definitions.--Section 2339c(e) of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph
(12);
(2) by redesignating paragraph (13) as paragraph
(14); and
(3) by inserting after paragraph (12) the
following:
``(13) the term `material support or resources' has
the same meaning given that term in section 2339B(g)(4)
of this title; and''.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
SEC. 6701. SHORT TITLE.
This subtitle may be cited as the ``Stop Terrorist and
Military Hoaxes Act of 2004''.
SEC. 6702. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the
following:
``Sec. 1038. False information and hoaxes
``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct
with intent to convey false or misleading information
under circumstances where such information may
reasonably be believed and where such information
indicates that an activity has taken, is taking, or
will take place that would constitute a violation of
chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this
title, section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), or section 46502, the second sentence of
section 46504, section 46505 (b)(3) or (c), section
46506 if homicide or attempted homicide is involved, or
section 60123(b) of title 49, shall--
``(A) be fined under this title or
imprisoned not more than 5 years, or both;
``(B) if serious bodily injury results, be
fined under this title or imprisoned not more
than 20 years, or both; and
``(C) if death results, be fined under this
title or imprisoned for any number of years up
to life, or both.
``(2) Armed forces.--Any person who makes a false
statement, with intent to convey false or misleading
information, about the death, injury, capture, or
disappearance of a member of the Armed Forces of the
United States during a war or armed conflict in which
the United States is engaged--
``(A) shall be fined under this title,
imprisoned not more than 5 years, or both;
``(B) if serious bodily injury results,
shall be fined under this title, imprisoned not
more than 20 years, or both; and
``(C) if death results, shall be fined
under this title, imprisoned for any number of
years or for life, or both.
``(b) Civil Action.--Whoever engages in any conduct with
intent to convey false or misleading information under
circumstances where such information may reasonably be believed
and where such information indicates that an activity has
taken, is taking, or will take place that would constitute a
violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of
this title, section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), or section 46502, the second sentence of section
46504, section 46505 (b)(3) or (c), section 46506 if homicide
or attempted homicide is involved, or section 60123(b) of title
49 is liable in a civil action to any party incurring expenses
incident to any emergency or investigative response to that
conduct, for those expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a
sentence on a defendant who has been convicted of an
offense under subsection (a), shall order the defendant
to reimburse any state or local government, or private
not-for-profit organization that provides fire or
rescue service incurring expenses incident to any
emergency or investigative response to that conduct,
for those expenses.
``(2) Liability.--A person ordered to make
reimbursement under this subsection shall be jointly
and severally liable for such expenses with each other
person, if any, who is ordered to make reimbursement
under this subsection for the same expenses.
``(3) Civil judgment.--An order of reimbursement
under this subsection shall, for the purposes of
enforcement, be treated as a civil judgment.
``(d) Activities of Law Enforcement.--This section does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United
States, a State, or political subdivision of a State, or of an
intelligence agency of the United States.''.
(b) Clerical Amendment.--The table of sections as the
beginning of chapter 47 of title 18, United States Code, is
amended by adding after the item for section 1037 the
following:
``1038. False information and hoaxes.''.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM
CASES.
(a) Enhanced Penalty.--Section 1001(a) and the third
undesignated paragraph of section 1505 of title 18, United
States Code, are amended by striking ``be fined under this
title or imprisoned not more than 5 years, or both'' and
inserting ``be fined under this title, imprisoned not more than
5 years or, if the offense involves international or domestic
terrorism (as defined in section 2331), imprisoned not more
than 8 years, or both''.
(b) Sentencing Guidelines.--Not later than 30 days of the
enactment of this section, the United States Sentencing
Commission shall amend the Sentencing Guidelines to provide for
an increased offense level for an offense under sections
1001(a) and 1505 of title 18, United States Code, if the
offense involves international or domestic terrorism, as
defined in section 2331 of such title.
SEC. 6704. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``facility in''
and inserting ``facility of''; and
(2) in subsection (b)(2), by inserting ``or
foreign'' after ``interstate''.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of
2004
SEC. 6801. SHORT TITLE.
This subtitle may be cited as the ``Weapons of Mass
Destruction Prohibition Improvement Act of 2004''.
SEC. 6802. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section
2332a of title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads
as follows:
``(2) against any person or property within the
United States, and
``(A) the mail or any facility of
interstate or foreign commerce is used in
furtherance of the offense;
``(B) such property is used in interstate
or foreign commerce or in an activity that
affects interstate or foreign commerce;
``(C) any perpetrator travels in or causes
another to travel in interstate or foreign
commerce in furtherance of the offense; or
``(D) the offense, or the results of the
offense, affect interstate or foreign commerce,
or, in the case of a threat, attempt, or
conspiracy, would have affected interstate or
foreign commerce;'';
(2) in paragraph (3) of subsection (a), by striking
the comma at the end and inserting ``; or'';
(3) in subsection (a), by adding the following at
the end:
``(4) against any property within the United States
that is owned, leased, or used by a foreign
government,'';
(4) at the end of subsection (c)(1), by striking
``and'';
(5) in subsection (c)(2), by striking the period at
the end and inserting ``; and''; and
(6) in subsection (c), by adding at the end the
following:
``(3) the term `property' includes all real and
personal property.''.
(b) Restoration of the Coverage of Chemical Weapons.--
Section 2332a of title 18, United States Code, as amended by
subsection (a), is further amended--
(1) in the section heading, by striking
``certain'';
(2) in subsection (a), by striking ``(other than a
chemical weapon as that term is defined in section
229F)''; and
(3) in subsection (b), by striking ``(other than a
chemical weapon (as that term is defined in section
229F))''.
(c) Expansion of Categories of Restricted Persons Subject
to Prohibitions Relating to Select Agents.--Section 175b(d)(2)
of title 18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting ``(i)'' after ``(G)'';
(B) inserting ``, or (ii) acts for or on
behalf of, or operates subject to the direction
or control of, a government or official of a
country described in this subparagraph'' after
``terrorism''; and
(C) striking ``or'' after the semicolon.
(2) in subparagraph (H) by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(I) is a member of, acts for or on behalf
of, or operates subject to the direction or
control of, a terrorist organization as defined
in section 212(a)(3)(B)(vi) of the Immigration
and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)).''.
(d) Conforming Amendment to Regulations.--
(1) Section 175b(a)(1) of title 18, United States
Code, is amended by striking ``as a select agent in
Appendix A'' and all that follows and inserting the
following: ``as a non-overlap or overlap select
biological agent or toxin in sections 73.4 and 73.5 of
title 42, Code of Federal Regulations, pursuant to
section 351A of the Public Health Service Act, and is
not excluded under sections 73.4 and 73.5 or exempted
under section 73.6 of title 42, Code of Federal
Regulations.''.
(2) The amendment made by paragraph (1) shall take
effect at the same time that sections 73.4, 73.5, and
73.6 of title 42, Code of Federal Regulations, become
effective.
(e) Enhancing Prosecution of Weapons of Mass Destruction
Offenses.--Section 1961(1)(B) of title 18, United States Code,
is amended by adding at the end the following: ``sections 175-
178 (relating to biological weapons), sections 229-229F
(relating to chemical weapons), section 831 (relating to
nuclear materials),''.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION
THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)) is amended by striking ``in the production of
any special nuclear material'' and inserting ``or participate
in the development or production of any special nuclear
material''.
(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C.
2122) is amended--
(1) by inserting ``, inside or outside of the
United States,'' after ``for any person''; and
(2) by inserting ``participate in the development
of,'' after ``interstate or foreign commerce,''.
(c) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of
chapter 39, by inserting after the item relating to
section 831 the following:
``832. Participation in nuclear and weapons of mass destruction threats
to the United States.'';
(2) by inserting after section 831 the following:
``Sec. 832. Participation in nuclear and weapons of mass destruction
threats to the United States
``(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
knowingly provides material support or resources (as defined in
section 2339A) to a nuclear weapons program or other weapons of
mass destruction program of a foreign terrorist power, or
attempts or conspires to do so, shall be imprisoned for not
more than 20 years.
``(b) There is extraterritorial Federal jurisdiction over
an offense under this section.
``(c) Whoever without lawful authority develops, possesses,
or attempts or conspires to develop or possess a radiological
weapon, or threatens to use or uses a radiological weapon
against any person within the United States, or a national of
the United States while such national is outside of the United
States or against any property that is owned, leased, funded,
or used by the United States, whether that property is within
or outside of the United States, shall be imprisoned for any
term of years or for life.
``(d) As used in this section--
``(1) `nuclear weapons program' means a program or
plan for the development, acquisition, or production of
any nuclear weapon or weapons;
``(2) `weapons of mass destruction program' means a
program or plan for the development, acquisition, or
production of any weapon or weapons of mass destruction
(as defined in section 2332a(c));
``(3) `foreign terrorist power' means a terrorist
organization designated under section 219 of the
Immigration and Nationality Act, or a state sponsor of
terrorism designated under section 6(j) of the Export
Administration Act of 1979 or section 620A of the
Foreign Assistance Act of 1961; and
``(4) `nuclear weapon' means any weapon that
contains or uses nuclear material as defined in section
831(f)(1).''; and
(3) in section 2332b(g)(5)(B)(i), by inserting
after ``nuclear materials),'' the following: ``832
(relating to participation innuclear and weapons of
mass destruction threats to the United States)''.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act
of 2004
SEC. 6901. SHORT TITLE.
This subtitle may be cited as the ``Prevention of Terrorist
Access to Destructive Weapons Act of 2004''.
SEC. 6902. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The criminal use of man-portable air defense
systems (referred to in this section as ``MANPADS'')
presents a serious threat to civil aviation worldwide,
especially in the hands of terrorists or foreign states
that harbor them.
(2) Atomic weapons or weapons designed to release
radiation (commonly known as ``dirty bombs'') could be
used by terrorists to inflict enormous loss of life and
damage to property and the environment.
(3) Variola virus is the causative agent of
smallpox, an extremely serious, contagious, and
sometimes fatal disease. Variola virus is classified as
a Category A agent by the Centers for Disease Control
and Prevention, meaning that it is believed to pose the
greatest potential threat for adverse public health
impact and has a moderate to high potential for large-
scale dissemination. The last case of smallpox in the
United States was in 1949. The last naturally occurring
case in the world was in Somalia in 1977. Although
smallpox has been officially eradicated after a
successful worldwide vaccination program, there remain
two official repositories of the variola virus for
research purposes. Because it is so dangerous, the
variola virus may appeal to terrorists.
(4) The use, or even the threatened use, of
MANPADS, atomic or radiological weapons, or the variola
virus, against the United States, its allies, or its
people, poses a grave risk to the security, foreign
policy, economy, and environment of the United States.
Accordingly, the United States has a compelling
national security interest in preventing unlawful
activities that lead to the proliferation or spread of
such items, including their unauthorized production,
construction, acquisition, transfer, possession,
import, or export. All of these activities markedly
increase the chances that such items will be obtained
by terrorist organizations or rogue states, which could
use them to attack the United States, its allies, or
United States nationals or corporations.
(5) There is no legitimate reason for a private
individual or company, absent explicit government
authorization, to produce, construct, otherwise
acquire, transfer, receive, possess, import, export, or
use MANPADS, atomic or radiological weapons, or the
variola virus.
(b) Purpose.--The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause
widespread harm to United States persons and the United States
economy (and that have no legitimate private use) and to
threaten or harm the national security or foreign relations of
the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2332f the following:
``Sec. 2332g. Missile systems designed to destroy aircraft
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph
(3), it shall be unlawful for any person to knowingly
produce, construct, otherwise acquire, transfer
directly or indirectly, receive, possess, import,
export, or use, or possess and threaten to use--
``(A) an explosive or incendiary rocket or
missile that is guided by any system designed
to enable the rocket or missile to--
``(i) seek or proceed toward energy
radiated or reflected from an aircraft
or toward an image locating an
aircraft; or
``(ii) otherwise direct or guide
the rocket or missile to an aircraft;
``(B) any device designed or intended to
launch or guide a rocket or missile described
in subparagraph (A); or
``(C) any part or combination of parts
designed or redesigned for use in assembling or
fabricating a rocket, missile, or device
described in subparagraph (A) or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply
to any device that is neither designed nor redesigned
for use as a weapon.
``(3) Excluded conduct.--This subsection does not
apply with respect to--
``(A) conduct by or under the authority of
the United States or any department or agency
thereof or of a State or any department or
agency thereof; or
``(B) conduct pursuant to the terms of a
contract with the United States or any
department or agency thereof or with a State or
any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate
or foreign commerce;
``(2) the offense occurs outside of the United
States and is committed by a national of the United
States;
``(3) the offense is committed against a national
of the United States while the national is outside the
United States;
``(4) the offense is committed against any property
that is owned, leased, or used by the United States or
by any department or agency of the United States,
whether the property is within or outside the United
States; or
``(5) an offender aids or abets any person over
whom jurisdiction exists under this subsection in
committing an offense under this section or conspires
with any person over whom jurisdiction exists under
this subsection to commit an offense under this
section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or
attempts or conspires to violate, subsection (a) shall
be fined not more than $2,000,000 and shall be
sentenced to a term of imprisonment not less than 25
years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the
course of a violation of subsection (a), uses, attempts
or conspires to use, or possesses and threatens to use,
any item or items described in subsection (a), shall be
fined not more than$2,000,000 and imprisoned for not
less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of
another results from a person's violation of subsection
(a), the person shall be fined not more than $2,000,000
and punished by imprisonment for life.
``(d) Definition.--As used in this section, the term
`aircraft' has the definition set forth in section 40102(a)(6)
of title 49, United States Code.''.
SEC. 6904. ATOMIC WEAPONS.
(a) Prohibitions.--Section 92 of the Atomic Energy Act of
1954 (42 U.S.C. 2122) is amended--
(1) by inserting at the beginning ``a.'' before
``It'';
(2) by inserting ``knowingly'' after ``for any
person to'';
(3) by striking ``or'' before ``export'';
(4) by striking ``transfer or receive in interstate
or foreign commerce,'' before ``manufacture'';
(5) by inserting ``receive,'' after ``acquire,'';
(6) by inserting ``, or use, or possess and
threaten to use,'' before ``any atomic weapon''; and
(7) by inserting at the end the following:
``b. Conduct prohibited by subsection a. is within the
jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate
or foreign commerce; the offense occurs outside of the
United States and is committed by a national of the
United States;
``(2) the offense is committed against a national
of the United States while the national is outside the
United States;
``(3) the offense is committed against any property
that is owned, leased, or used by the United States or
by any department or agency of the United States,
whether the property is within or outside the United
States; or
``(4) an offender aids or abets any person over
whom jurisdiction exists under this subsection in
committing an offense under this section or conspires
with any person over whom jurisdiction exists under
this subsection to commit an offense under this
section.''.
(b) Violations.--Section 222 of the Atomic Energy Act of
1954 (42 U.S.C. 2272) is amended by--
(1) inserting at the beginning ``a.'' before
``Whoever'';
(2) striking ``, 92,''; and
(3) inserting at the end the following:
``b. Any person who violates, or attempts or conspires to
violate, section 92 shall be fined not more than $2,000,000 and
sentenced to a term of imprisonment not less than 25 years or
to imprisonment for life. Any person who, in the course of a
violation of section 92, uses, attempts or conspires to use, or
possesses and threatens to use, any atomic weapon shall be
fined not more than $2,000,000 and imprisoned for not less than
30 years or imprisoned for life. If the death of another
results from a person's violation of section 92, the person
shall be fined not more than $2,000,000 and punished by
imprisonment for life.''.
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2332g the following:
``Sec. 2332h. Radiological dispersal devices
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly
produce, construct, otherwise acquire, transfer
directly or indirectly, receive, possess, import,
export, or use, or possess and threaten to use--
``(A) any weapon that is designed or
intended to release radiation or radioactivity
at a level dangerous to human life; or
``(B) or any device or other object that is
capable of and designed or intended to endanger
human life through the release of radiation or
radioactivity.
``(2) Exception.--This subsection does not apply
with respect to--
``(A) conduct by or under the authority of
the United States or any department or agency
thereof; or
``(B) conduct pursuant to the terms of a
contract with the United States or any
department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate
or foreign commerce;
``(2) the offense occurs outside of the United
States and is committed by a national of the United
States;
``(3) the offense is committed against a national
of the United States while the national is outside the
United States;
``(4) the offense is committed against any property
that is owned, leased, or used by the United States or
by any department or agency of the United States,
whether the property is within or outside the United
States; or
``(5) an offender aids or abets any person over
whom jurisdiction exists under this subsection in
committing an offense under this section or conspires
with any person over whom jurisdiction exists under
this subsection to commit an offense under this
section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or
attempts or conspires to violate, subsection (a) shall
be fined not more than $2,000,000 and shall sentenced
to a term of imprisonment not less than 25 years or to
imprisonment for life.
``(2) Other circumstances.--Any person who, in the
course of a violation of subsection (a), uses, attempts
or conspires to use, or possesses and threatens to use,
any item or items described in subsection (a), shall be
fined not more than $2,000,000 and imprisoned for not
less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of
another results from a person's violation of subsection
(a), the person shall be fined not more than $2,000,000
and punished by imprisonment for life.''.
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by
inserting after section 175b the following:
``Sec. 175c. Variola virus
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly
produce, engineer, synthesize, acquire, transfer
directly or indirectly, receive, possess, import,
export, or use, or possess and threaten to use, variola
virus.
``(2) Exception.--This subsection does not apply to
conduct by, or under the authority of, the Secretary of
Health and Human Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a)
is within the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate
or foreign commerce;
``(2) the offense occurs outside of the United
States and is committed by a national of the United
States;
``(3) the offense is committed against a national
of the United States while the national is outside the
United States;
``(4) the offense is committed against any property
that is owned, leased, or used by the United States or
by any department or agency of the United States,
whether the property is within or outside the United
States; or
``(5) an offender aids or abets any person over
whom jurisdiction exists under this subsection in
committing an offense under this section or conspires
with any person over whom jurisdiction exists under
this subsection to commit an offense under this
section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or
attempts or conspires to violate, subsection (a) shall
be fined not more than $2,000,000 and shall be
sentenced to a term of imprisonment not less than 25
years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the
course of a violation of subsection (a), uses, attempts
or conspires to use, or possesses and threatens to use,
any item or items described in subsection (a), shall be
fined not more than $2,000,000 and imprisoned for not
less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of
another results from a person's violation of subsection
(a), the person shall be fined not more than $2,000,000
and punished by imprisonment for life.
``(d) Definition.--As used in this section, the term
`variola virus' means a virus that can cause human smallpox or
any derivative of the variola major virus that contains more
than 85 percent of the gene sequence of the variola major virus
or the variola minor virus.''.
SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (a), by inserting ``2122 and''
after ``sections'';
(2) in paragraph (c), by inserting ``section 175c
(relating to variola virus),'' after ``section 175
(relating to biological weapons),''; and
(3) in paragraph (q), by inserting ``2332g,
2332h,'' after ``2332f,''.
SEC. 6908. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED
STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is
amended--
(1) in clause (i)--
(A) by inserting before ``2339 (relating to
harboring terrorists)'' the following: ``2332g
(relating to missile systems designed to
destroy aircraft), 2332h (relating to
radiological dispersal devices),''; and
(B) by inserting ``175c (relating to
variola virus),'' after ``175 or 175b (relating
to biological weapons),''; and
(2) in clause (ii)--
(A) by striking ``section'' and inserting
``sections 92 (relating to prohibitions
governing atomic weapons) or''; and
(B) by inserting ``2122 or'' before
``2284''.
SEC. 6909. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED
STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is
amended--
(1) by inserting after ``section 152 (relating to
concealment of assets; false oaths and claims;
bribery),'' the following: ``section 175c (relating to
the variola virus),'';
(2) by inserting after ``section 2332(b) (relating
to international terrorist acts transcending national
boundaries),'' the following: ``section 2332g (relating
to missile systems designed to destroy aircraft),
section 2332h (relating to radiological dispersal
devices),''; and
(3) striking ``or'' after ``any felony violation of
the Foreign Agents Registration Act of 1938,'' and
after ``any felony violation of the Foreign Corrupt
Practices Act'', striking ``;'' and inserting ``, or
section 92 of the Atomic Energy Act of 1954 (42 U.S.C.
2122) (relating to prohibitions governing atomic
weapons)''.
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22
U.S.C. 2778) is amended--
(1) by striking ``or'' before ``(xi)''; and
(2) by inserting after clause (xi) the following:
``or (xii) section 3, 4, 5, and 6 of the Prevention of
Terrorist Access to Destructive Weapons Act of 2004,
relating to missile systems designed to destroy
aircraft (18 U.S.C. 2332g), prohibitions governing
atomic weapons (42 U.S.C. 2122), radiological dispersal
devices (18 U.S.C. 2332h), and variola virus (18 U.S.C.
175b);''.
SEC. 6911. CLERICAL AMENDMENTS.
(a) Chapter 113B.--The table of sections for chapter 113B
of title 18, United States Code, is amended by inserting the
following after the item for section 2332f:
``2332g. Missile systems designed to destroy aircraft.
``2332h. Radiological dispersal devices.''.
(b) Chapter 10.--The table of sections for chapter 10 of
title 18, United States Code, is amended by inserting the
following item after the item for section 175b:
``175c. Variola virus.''.
Subtitle K--Pretrial Detention of Terrorists
SEC. 6951. SHORT TITLE.
This subtitle may be cited as the ``Pretrial Detention of
Terrorists Act of 2004''.
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING
TERRORISM.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (e)--
(A) by inserting ``or'' before ``the
Maritime''; and
(B) by inserting ``or an offense listed in
section 2332b(g)(5)(B) of title 18, United
States Code, for which a maximum term of
imprisonment of 10 years or more is
prescribed'' after ``or 2332b of this title,'';
and
(2) in subsections (f)(1)(A) and (g)(1), by
inserting ``, or an offense listed in section
2332b(g)(5)(B) for which a maximum term of imprisonment
of 10 years or more is prescribed'' after ``violence''
each place such term appears.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001. SHORT TITLE.
This title may be cited as the ``9/11 Commission
Implementation Act of 2004''.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
SEC. 7101. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) Long-term success in the war on terrorism
demands the use of all elements of national power,
including diplomacy, military action, intelligence,
covert action, law enforcement, economic policy,
foreign aid, public diplomacy, and homeland defense.
(2) To win the war on terrorism, the United States
must assign to economic and diplomatic capabilities the
same strategic priority that is assigned to military
capabilities.
(3) The legislative and executive branches of the
Government of the United States must commit to robust,
long-term investments in all of the tools necessary for
the foreign policy of the United States to successfully
accomplish the goals of the United States.
(4) The investments referred to in paragraph (3)
will require increased funding to United States foreign
affairs programs in general, and to priority areas as
described in this title in particular.
SEC. 7102. TERRORIST SANCTUARIES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Complex terrorist operations require locations
that provide such operations sanctuary from
interference by Government or law enforcement
personnel.
(2) A terrorist sanctuary existed in Afghanistan
before September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided
direct and indirect value to members of al Qaeda who
participated in the terrorist attacks on the United
States on September 11, 2001, and in other terrorist
operations.
(4) Terrorist organizations have fled to some of
the least governed and most lawless places in the world
to find sanctuary.
(5) During the 21st century, terrorists are often
focusing on remote regions and failing states as
locations to seek sanctuary.
(b) Sense of Congress on United States Policy on Terrorist
Sanctuaries.--It is the sense of Congress that it should be the
policy of the United States--
(1) to identify foreign countries that are being
used as terrorist sanctuaries;
(2) to assess current United States resources and
tools being used to assist foreign governments to
eliminate such sanctuaries;
(3) to develop and implement a coordinated strategy
to prevent terrorists from using such foreign countries
as sanctuaries; and
(4) to work in bilateral and multilateral fora to
elicit the cooperation needed to identify and address
terrorist sanctuaries that may exist today, but, so
far, remain unknown to governments.
(c) Amendments to Existing Law To Include Terrorist
Sanctuaries.--
(1) In general.--Section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) is
amended--
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following:
``(5)(A) As used in paragraph (1), the term
`repeatedly provided support for acts of international
terrorism' shall include the recurring use of any part
of the territory of the country as a sanctuary for
terrorists or terrorist organizations.
``(B) In this paragraph--
``(i) the term `territory of a country'
means the land, waters, and airspace of the
country; and
``(ii) the term `sanctuary' means an area
in the territory of a country--
``(I) that is used by a terrorist
or terrorist organization--
``(aa) to carry out
terrorist activities, including
training, financing, and
recruitment; or
``(bb) as a transit point;
and
``(II) the government of which
expressly consents to, or with
knowledge, allows, tolerates, or
disregards such use of its
territory.''.
(2) Rule of construction.--Nothing in this
subsection or the amendments made by this subsection
shall be construed as affecting any determination made
by the Secretary of State pursuant to section 6(j) of
the Export Administration Act of 1979 with respect to a
country prior to the date of enactment of this Act.
(3) Implementation.--The President shall implement
the amendments made by paragraph (1) by exercising the
authorities of the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(d) Amendments to Global Patterns of Terrorism Report.--
(1) In general.--Section 140(a)(1) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f(a)(1)) is amended--
(A) by striking ``(1)'' and inserting
``(1)(A)'';
(B) by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii),
respectively;
(C) in subparagraph (A)(iii) (as
redesignated), by adding ``and'' at the end;
and
(D) by adding at the end the following:
``(B) detailed assessments with respect to
each foreign country whose territory is being
used as a sanctuary for terrorists or terrorist
organizations;''.
(2) Contents.--Section 140(b) of such Act (22
U.S.C. 2656f(b)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding
subparagraph (A), by striking
``subsection (a)(1)'' and inserting
``subsection (a)(1)(A)''; and
(ii) by striking ``and'' at the
end;
(B) by redesignating paragraph (2) as
paragraph (3);
(C) by inserting after paragraph (1) the
following:
``(2) with respect to subsection (a)(1)(B)--
``(A) the extent of knowledge by the
government of the country with respect to
terrorist activities in the territory of the
country; and
``(B) the actions by the country--
``(i) to eliminate each terrorist
sanctuary in the territory of the
country;
``(ii) to cooperate with United
States antiterrorism efforts; and
``(iii) to prevent the
proliferation of and trafficking in
weapons of mass destruction in and
through the territory of the
country;'';
(D) in paragraph (3), as redesignated, by
striking the period at the end and inserting a
semicolon; and
(E) by inserting after paragraph (3) the
following:
``(4) a strategy for addressing, and where possible
eliminating, terrorist sanctuaries that shall include--
``(A) a description of terrorist
sanctuaries, together with an assessment of the
priorities of addressing and eliminating such
sanctuaries;
``(B) an outline of strategies for
disrupting or eliminating the security provided
to terrorists by such sanctuaries;
``(C) a description of efforts by the
United States to work with other countries in
bilateral and multilateral fora to address or
eliminate terrorist sanctuaries and disrupt or
eliminate the security provided to terrorists
by such sanctuaries; and
``(D) a description of long-term goals and
actions designed to reduce the conditions that
allow the formation of terrorist sanctuaries;
and
``(5) an update of the information contained in the
report required to be transmitted to Congress under
7119(b) of the
9/11 Commission Implementation Act of 2004.''.
(3) Definitions.--Section 140(d) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f(d)) is amended--
(A) in paragraph (2), by striking ``and''
at the end;
(B) in paragraph (3), by striking the
period at the end and inserting a semicolon;
and
(C) by adding at the end the following:
``(4) the terms `territory' and `territory of the
country' mean the land, waters, and airspace of the
country; and
``(5) the terms `terrorist sanctuary' and
`sanctuary' mean an area in the territory of the
country--
``(A) that is used by a terrorist or
terrorist organization--
``(i) to carry out terrorist
activities, including training,
fundraising, financing, and
recruitment; or
``(ii) as a transit point; and
``(B) the government of which expressly
consents to, or with knowledge, allows,
tolerates, or disregards such use of its
territory and is not subject to a determination
under--
``(i) section 6(j)(1)(A) of the
Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A));
``(ii) section 620A(a) of the
Foreign Assistance Act of 1961 (22
U.S.C. 2371(a)); or
``(iii) section 40(d) of the Arms
Export Control Act (22 U.S.C.
2780(d)).''.
(4) Effective date.--The amendments made by this
subsection apply with respect to the report required to
be transmitted under section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989
(22 U.S.C. 2656f), by April 30, 2006, and by April 30
of each subsequent year.
SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The Government of Pakistan has a critical role
to perform in the struggle against terrorism.
(2) Due to its location, topography, social
conditions, and other factors, Pakistan can be
attractive to extremists seeking refuge or
opportunities to recruit or train, or a place from
which to operate against Coalition Forces in
Afghanistan.
(3) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the
Muslim world, is critical to stability in the region.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) help to ensure a promising, stable, and secure
future for Pakistan over the long term;
(2) provide a comprehensive program of assistance
to encourage and enable Pakistan--
(A) to continue and improve upon its
commitment to combating extremists;
(B) to seek to resolve any outstanding
difficulties with its neighbors and other
countries in its region;
(C) to continue to make efforts to fully
control its territory and borders;
(D) to progress toward becoming a more
effective and participatory democracy;
(E) to participate more vigorously in the
global marketplace and to continue to modernize
its economy;
(F) to take all necessary steps to halt the
spread of weapons of mass destruction;
(G) to improve and expand access to
education for all citizens; and
(H) to increase the number and level of
exchanges between the Pakistani people and the
American people; and
(3) continue to provide assistance to Pakistan at
not less than the overall levels requested by the
President for fiscal year 2005.
(c) Extension of Pakistan Waivers.--The Act entitled ``An
Act to authorize the President to exercise waivers of foreign
assistance restrictions with respect to Pakistan through
September 30, 2003, and for other purposes'', approved October
27, 2001 (Public Law 107-57; 115 Stat. 403), as amended by
section 2213 of the Emergency Supplemental Appropriations Act
for Defense and for the Reconstruction of Iraq and Afghanistan,
2004 (Public Law 108-106; 117 Stat. 1232), is further amended--
(1) in section 1(b)--
(A) in the heading, by striking ``Fiscal
Year 2004'' and inserting ``Fiscal Years 2005
and 2006''; and
(B) in paragraph (1), by striking ``2004''
and inserting ``2005 or 2006'';
(2) in section 3(2), by striking ``and 2004,'' and
inserting ``2004, 2005, and 2006''; and
(3) in section 6, by striking ``2004'' and
inserting ``2006''.
SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
(a) Short Title.--This section may be cited as the
``Afghanistan Freedom Support Act Amendments of 2004''.
(b) Coordination of assistance.--
(1) Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
(A) The United States and its allies in the
international community have made progress in
promoting economic and political reform within
Afghanistan, including the establishment of a
central government with a democratic
constitution, a new currency, and a new army,
the increase of personal freedom, and the
elevation of the standard of living of many
Afghans.
(B) A number of significant obstacles must
be overcome if Afghanistan is to become a
secure and prosperous democracy, and such a
transition depends in particular upon--
(i) improving security throughout
the country;
(ii) disarming and demobilizing
militias;
(iii) curtailing the rule of the
warlords;
(iv) promoting equitable economic
development;
(v) protecting the human rights of
the people of Afghanistan;
(vi) continuing to hold elections
for public officials; and
(vii) ending the cultivation,
production, and trafficking of
narcotics.
(C) The United States and the international
community must make a long-term commitment to
addressing the unstable security situation in
Afghanistan and the burgeoning narcotics trade,
endemic poverty, and other serious problems in
Afghanistan in order to prevent that country
from relapsing into a sanctuary for
international terrorism.
(2) Sense of congress.--It is the sense of Congress
that the United States Government should take, with
respect to Afghanistan, the following actions:
(A) Work with other nations to obtain long-
term security, political, and financial
commitments and fulfillment of pledges to the
Government of Afghanistan to accomplish the
objectives of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7501 et seq.),
especially to ensure a secure, democratic, and
prosperous Afghanistan that respects the rights
of its citizens and is free of international
terrorist organizations.
(B) Use the voice and vote of the United
States in relevant international organizations,
including the North Atlantic Treaty
Organization and the United Nations Security
Council, to strengthen international
commitments to assist the Government of
Afghanistan in enhancing security, building
national police and military forces, increasing
counter-narcotics efforts, and expanding
infrastructure and public services throughout
the country.
(C) Take appropriate steps to increase the
assistance provided under programs of the
Department of State and the United States
Agency for International Development throughout
Afghanistan and to increase the number of
personnel of those agencies in Afghanistan as
necessary to support the increased assistance.
(c) Coordinator for Assistance.--
(1) Findings.--Congress makes the following
findings:
(A) The Final Report of the National
Commission on Terrorist Attacks Upon the United
States criticized the provision of United
States assistance to Afghanistan for being too
inflexible.
(B) The Afghanistan Freedom Support Act of
2002 (22 U.S.C. 7501 et seq.) contains
provisions that provide for flexibility in the
provision of assistance for Afghanistan and are
not subject to the requirements of typical
foreign assistance programs and provide for the
designation of a coordinator to oversee United
States assistance for Afghanistan.
(2) Designation of coordinator.--Section 104(a) of
the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7514(a)) is amended in the matter preceding paragraph
(1) by striking ``is strongly urged to'' and inserting
``shall''.
(d) Assistance Plan; International Coordination.--Section
104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7514) is amended by adding at the end the following:
``(c) Assistance Plan.--
``(1) Submission to congress.--The coordinator
designated under subsection (a) shall annually submit
the Afghanistan assistance plan of the Administration
to--
``(A) the Committee on Foreign Relations of
the Senate;
``(B) the Committee on International
Relations of the House of Representatives;
``(C) the Committee on Appropriations of
the Senate; and
``(D) the Committee on Appropriations of
the House of Representatives.
``(2) Contents.--The assistance plan submitted
under paragraph (1) shall describe--
``(A) how the plan relates to the strategy
provided pursuant to section 304; and
``(B) how the plan builds upon United
States assistance provided to Afghanistan since
2001.
``(d) Coordination With International Community.--
``(1) In general.--The coordinator designated under
subsection (a) shall work with the international
community and the Government of Afghanistan to ensure
that assistance to Afghanistan is implemented in a
coherent, consistent, and efficient manner to prevent
duplication and waste.
``(2) International financial institutions.--The
coordinator designated under subsection (a), under the
direction of the Secretary of State, shall work through
the Secretary of the Treasury and the United States
Executive Directors at the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(2))) to coordinate United States assistance for
Afghanistan with international financial institutions.
(e) General Provisions Relating to the Afghanistan Freedom
Support Act of 2002.--
(1) Assistance to promote economic, political and
social development.--
(A) Declaration of policy.--Congress
reaffirms the authorities contained in title I
of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7501 et seq.), relating to economic
and democratic development assistance for
Afghanistan.
(B) Provision of assistance.--Section
103(a) of such Act (22 U.S.C. 7513(a)) is
amended in the matter preceding paragraph (1)
by striking ``section 512 of Public Law 107-115
or any other similar'' and inserting ``any
other''.
(2) Declarations of general policy.--Congress makes
the following declarations:
(A) The United States reaffirms the support
that it and other countries expressed for the
report entitled ``Securing Afghanistan's
Future'' in their Berlin Declaration of April
2004. The United States should help enable the
growth needed to create an economically
sustainable Afghanistan capable of the poverty
reduction and social development foreseen in
the report.
(B) The United States supports the
parliamentary elections to be held in
Afghanistan by April 2005 and will help ensure
that such elections are not undermined,
including by warlords or narcotics traffickers.
(C) The United States continues to urge
North Atlantic Treaty Organization members and
other friendly countries to make much greater
military contributions toward securing the
peace in Afghanistan.
(3) Form of reports.--Section 304 of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7554) is amended--
(A) by striking ``The Secretary'' and
inserting the following:
``(a) In General.--The Secretary'';
(B) by striking ``The first report'' and
inserting the following:
``(b) Deadline For Submission.--The first report''; and
(C) by adding at the end the following:
``(c) Form of Reports.--Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) by this Act may contain a classified annex.''.
(4) Long-term strategy.--
(A) Strategy.--Title III of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7551 et
seq.) is amended by adding at the end the
following:
``SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
``(a) Strategy.--
``(1) In general.--Not later than 180 days after
the date of enactment of this section, the President
shall formulate a 5-year strategy for Afghanistan and
submit such strategy to--
``(A) the Committee on Foreign Relations of
the Senate;
``(B) the Committee on International
Relations of the House of Representatives;
``(C) the Committee on Appropriations of
the Senate; and
``(D) the Committee on Appropriations of
the House of Representatives.
``(2) Contents.--The strategy formulated under
paragraph (1) shall include specific and measurable
goals for addressing the long-term development and
security needs of Afghanistan, including sectors such
as agriculture and irrigation, parliamentary and
democratic development, the judicial system and rule of
law, human rights, education, health,
telecommunications, electricity, women's rights,
counternarcotics, police, border security, anti-
corruption, and other law-enforcement activities, as
well as the anticipated costs and time frames
associated with achieving those goals.
``(b) Monitoring.--
``(1) Annual report.--The President shall transmit
on an annual basis through 2010 a report describing the
progress made toward the implementation of the strategy
required by subsection (a) and any changes to the
strategy since the date of the submission of the last
report to--
``(A) the Committee on Foreign Relations of
the Senate;
``(B) the Committee on International
Relations of the House of Representatives;
``(C) the Committee on Appropriations of
the Senate; and
``(D) the Committee on Appropriations of
the House of Representatives.''.
(B) Clerical amendment.--The table of
contents for such Act (22 U.S.C. 7501 note) is
amended by adding after the item relating to
section 303 the following new item:
``Sec. 305. Formulation of long-term strategy for Afghanistan.''.
(f) Education, the Rule of Law, and Related Issues.--
(1) Declaration of policy.--Congress declares that,
although Afghanistan has adopted a new constitution and
made progress on primary education, the United States
must invest in a concerted effort in Afghanistan to
improve the rule of law, good governance, and effective
policing, to accelerate work on secondary and
university education systems, and to establish new
initiatives to increase the capacity of civil society.
(2) Amendment.--Section 103(a)(5) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513(a)(5)) is amended to read as follows:
``(5) Education, the rule of law, and related
issues.--
``(A) Education.--To assist in the
development of the capacity of the Government
of Afghanistan to provide education to the
people of Afghanistan, including assistance
such as--
``(i) support for an educated
citizenry through improved access to
basic education, with particular
emphasis on basic education for
children, especially orphans;
``(ii) programs to enable the
Government of Afghanistan to recruit
and train teachers, with special focus
on the recruitment and training of
female teachers;
``(iii) programs to enable the
Government of Afghanistan to develop
school curricula that incorporate
relevant information such as landmine
awareness, food security and
agricultural education, civic
education, and human rights education,
including education relating to
religious freedom;
``(iv) programs to construct,
renovate, or rebuild, and to equip and
provide teacher training, for primary
schools, secondary schools, and
universities; and
``(v) programs to increase
educational exchanges and partnerships
between the United States and
Afghanistan.
``(B) Rule of law.--To assist in the
development of the rule of law and good
governance and reduced corruption in
Afghanistan, including assistance such as--
``(i) support for the activities of
the Government of Afghanistan to
implement its constitution, to develop
modern legal codes and court rules, to
provide for the creation of legal
assistance programs, and other
initiatives to promote the rule of law
in Afghanistan;
``(ii) support for improvements in
the capacity and physical
infrastructure of the justice system in
Afghanistan, such as for professional
training (including for women) to
improve the administration of justice,
for programs to enhance prosecutorial
and judicial capabilities and to
protect participants in judicial cases,
for improvements in the instruction of
law enforcement personnel (including
human rights training), and for the
promotion of civilian police roles that
support democracy;
``(iii) support for rehabilitation
and rebuilding of courthouses and
detention facilities;
``(iv) support for the effective
administration of justice at the
national, regional, and local levels,
including programs to improve penal
institutions and the rehabilitation of
prisoners, and to establish a
responsible and community-based police
force;
``(v) support to increase the
transparency, accountability, and
participatory nature of governmental
institutions, including programs
designed to combat corruption and other
programs for the promotion of good
governance, such as the development of
regulations relating to financial
disclosure for public officials,
political parties, and candidates for
public office, and transparent
budgeting processes and financial
management systems;
``(vi) support for establishment of
a central bank and central budgeting
authority;
``(vii) support for international
organizations that provide civil
advisers to the Government of
Afghanistan; and
``(viii) support for Afghan and
international efforts to investigate
human rights atrocities committed in
Afghanistan by the Taliban regime,
opponents of such regime, and terrorist
groups operating in Afghanistan,
including the collection of forensic
evidence relating to such atrocities.
``(C) Civil society and democracy.--To
support the development of democratic
institutions in Afghanistan, including
assistance for--
``(i) international monitoring and
observing of, and the promotion of,
free and fair elections;
``(ii) strengthening democratic
political parties;
``(iii) international exchanges and
professional training for members or
officials of government, political, and
civic or other nongovernmental
entities;
``(iv) national, regional, and
local elections and political party
development;
``(v) an independent media;
``(vi) programs that support the
expanded participation of women and
members of all ethnic groups in
government at national, regional, and
local levels; and
``(vii) programs to strengthen
civil society organizations that
promote human rights, including
religious freedom, freedom of
expression, and freedom of association,
and support human rights monitoring.
``(D) Protection of sites.--To provide for
the protection of Afghanistan's culture,
history, and national identity, including the
rehabilitation of Afghanistan's museums and
sites of cultural significance.''.
(3) Conforming amendment.--Section 103(a)(4) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513(a)(4)) is amended--
(A) in subparagraph (K), by striking
``and'' at the end;
(B) in subparagraph (L), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(M) assistance in identifying and
surveying key road and rail routes that are
essential for economic renewal in Afghanistan
and the region and support for the
establishment of a customs service and training
for customs officers.''.
(g) Monitoring of Assistance for Afghanistan.--Section 103
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513), is amended by adding at the end the following:
``(d) Monitoring of Assistance for Afghanistan.--
``(1) Report.--
``(A) In general.--The Secretary of State,
in consultation with the Administrator for the
United States Agency for International
Development, shall submit to the Committee on
Foreign Relations of the Senate and the
Committee on International Relations of the
House of Representatives a report on the
obligations of United States assistance for
Afghanistan from all United States Government
departments and agencies.
``(B) Contents.--Each such report shall set
forth, for the preceding annual period and
cumulatively, a description of--
``(i) the activities and the
purposes for which funds were
obligated;
``(ii) the source of the funds
stated specifically by fiscal year,
agency, and program;
``(iii) the participation of each
United States Government department or
agency; and
``(iv) such other information as
the Secretary considers appropriate to
fully inform Congress on such matters.
``(C) Additional requirements.--The first
report submitted under this paragraph shall
include a cumulative account of information
described in subparagraph (B) from all prior
periods beginning with fiscal year 2001. The
first report under this paragraph shall be
submitted not later than March 15, 2005.
Subsequent reports shall be submitted every 12
months thereafter and may be included in the
report required under section 206(c)(2).
``(2) Submission of information for report.--The
head of each United States Government agency referred
to in paragraph (1) shall provide on a timely basis to
the Secretary of State such information as the
Secretary may reasonably require to allow the Secretary
to prepare and submit the report required under
paragraph (1).''.
(h) United States Policy To Support Disarmament of Private
Militias and Expansion of International Peacekeeping and
Security Operations in Afghanistan.--
(1) United states policy relating to disarmament of
private militias.--
(A) In general.--It shall be the policy of
the United States to take immediate steps to
provide active support for the disarmament,
demobilization, and reintegration of armed
soldiers, particularly child soldiers, in
Afghanistan, in close consultation with the
President of Afghanistan.
(B) Report.--The report required under
section 206(c)(2) of the Afghanistan Freedom
Support Act of 2002(22 U.S.C. 7536(c)(2)) shall
include a description of the progress to implement paragraph (1).
(2) International peacekeeping and security
operations.--Section 206 of such Act (22 U.S.C. 7536)
is amended by adding at the end the following:
``(e) United States Policy Relating To International
Peacekeeping and Security Operations.--It shall be the policy
of the United States to make every effort to support the
expansion of international peacekeeping and security operations
in Afghanistan in order to--
``(1) increase the area in which security is
provided and undertake vital tasks related to promoting
security, such as disarming warlords, militias, and
irregulars, and disrupting opium production; and
``(2) safeguard highways in order to allow the free
flow of commerce and to allow material assistance to
the people of Afghanistan, and aid personnel in
Afghanistan, to move more freely.''.
(i) Efforts To Expand International Peacekeeping and
Security Operations in Afghanistan.--Section 206(d)(1) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1))
is amended to read as follows:
``(1) Efforts to expand international peacekeeping
and security operations in afghanistan.--
``(A) Efforts.--The President shall
encourage, and, as authorized by law, enable
other countries to actively participate in
expanded international peacekeeping and
security operations in Afghanistan, especially
through the provision of military personnel for
extended periods of time.
``(B) Reports.--The President shall prepare
and transmit a report on the efforts carried
out pursuant to subparagraph (A) to the
Committee on Foreign Relations of the Senate
and the Committee on International Relations of
the House of Representatives. The first report
under this subparagraph shall be transmitted
not later than 60 days after the date of the
enactment of the Afghanistan Freedom Support
Act Amendments of 2004 and subsequent reports
shall be transmitted every 6 months thereafter
and may be included in the report required by
subsection (c)(2).''.
(j) Provisions Relating to Counternarcotics Efforts in
Afghanistan.--
(1) Authorization of assistance.--Section
103(a)(3)(A) of the Afghanistan Freedom Support Act of
2002 (22 U.S.C. 7513(a)(3)(A)) is amended--
(A) in clause (i), by striking ``establish
crop substitution programs,'' and inserting
``promote alternatives to poppy cultivation,
including the introduction of high value crops
that are suitable for export and the provision
of appropriate technical assistance and credit
mechanisms for farmers,'';
(B) in clause (ii), by inserting before the
semicolon at the end the following: ``, and to
create special counternarcotics courts,
prosecutors, and places of incarceration'';
(C) in clause (iii), by inserting before
the semicolon at the end the following: ``, in
particular, notwithstanding section 660 of the
Foreign Assistance Act of 1961 (22 U.S.C.
2420), by providing non-lethal equipment,
training (including training in internationally
recognized standards of human rights, the rule
of law, anti-corruption, and the promotion of
civilian police roles that support democracy),
and payments, during fiscal years 2005 through
2008, for salaries for special counternarcotics
police and supporting units'';
(D) in clause (iv), by striking ``and'' at
the end;
(E) in clause (v), by striking the period
at the end and inserting ``; and''; and
(F) by adding after clause (v) the
following:
``(vi) assist the Afghan National
Army with respect to any of the
activities under this paragraph.''.
(2) Sense of congress and report.--Title II of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531
et seq.) is amended--
(A) by redesignating sections 207 and 208
as sections 208 and 209, respectively; and
(B) by inserting after section 206 the
following:
``SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS
IN AFGHANISTAN.
``(a) Sense of Congress.--It is the sense of Congress
that--
``(1) the President should make the substantial
reduction of illegal drug production and trafficking in
Afghanistan a priority in the Global War on Terrorism;
``(2) the Secretary of Defense, in coordination
with the Secretary of State and the heads of other
appropriate Federal agencies, should expand cooperation
with the Government of Afghanistan and international
organizations involved in counter-drug activities to
assist in providing a secure environment for counter-
drug personnel in Afghanistan; and
``(3) the United States, in conjunction with the
Government of Afghanistan and coalition partners,
should undertake additional efforts to reduce illegal
drug trafficking and related activities that provide
financial support for terrorist organizations in
Afghanistan and neighboring countries.
``(b) Report Required.--(1) The Secretary of Defense and
the Secretary of State shall jointly prepare a report that
describes--
``(A) the progress made toward substantially
reducing poppy cultivation and heroin production
capabilities in Afghanistan; and
``(B) the extent to which profits from illegal drug
activity in Afghanistan are used to financially support
terrorist organizations and groups seeking to undermine
the Government of Afghanistan.
``(2) The report required by this subsection shall be
submitted to Congress not later than 120 days after the date of
the enactment of the 9/11 Recommendations Implementation
Act.''.
(3) Clerical amendment.--The table of contents for
such Act (22 U.S.C. 7501 note) is amended by striking
the items relating to sections 207 and 208 and
inserting the following:
``Sec. 207. Sense of Congress and report regarding counter-drug efforts
in Afghanistan.
``Sec. 208. Relationship to other authority.
``Sec. 209. Authorization of appropriations.''.
(k) Additional Amendments to Afghanistan Freedom Support
Act of 2002.--
(1) Extension of reports on implementation of
strategy.--Section 206(c)(2) of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7536(c)(2)) is amended
in the matter preceding subparagraph (A) by striking
``2007'' and inserting ``2010''.
(2) Technical amendment.--Section 103(a)(7)(A)(xii)
of such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended
by striking ``National'' and inserting ``Afghan
Independent''.
(l) Repeal of Prohibition on Assistance.--Section 620D of
the Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to
prohibition on assistance to Afghanistan) is repealed.
(m) Authorization of Appropriations.--Section 108(a) of the
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a))
is amended by striking ``$1,825,000,000 for fiscal year 2004''
and all that follows and inserting ``such sums as may be
necessary for each of the fiscal years 2005 and 2006.''.
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Despite a long history of friendly relations
with the United States, there have been problems in
cooperation between the United States and Saudi Arabia.
(2) The Government of Saudi Arabia has not always
responded promptly or fully to United States requests
for assistance in the global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all
it can to prevent financial or other support from being
provided to, or reaching, extremist organizations in
Saudi Arabia or other countries.
(4) Counterterrorism cooperation between the
Governments of the United States and Saudi Arabia has
improved significantly since the terrorist bombing
attacks in Riyadh, Saudi Arabia, on May 12, 2003, and
the Government of Saudi Arabia is now pursuing al Qaeda
and other terror groups operating inside Saudi Arabia.
(5) The United States must enhance its cooperation
and strong relationship with Saudi Arabia based upon a
shared and public commitment to political and economic
reform, greater tolerance and respect for religious and
cultural diversity and joint efforts to prevent funding
for and support of extremist organizations in Saudi
Arabia and elsewhere.
(b) Sense of Congress.--It is the sense of Congress that
there should be a more robust dialogue between the people and
Government of the United States and the people and Government
of Saudi Arabia in order to improve the relationship between
the United States and Saudi Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While support for the United States has
plummeted in the Islamic world, many negative views are
uninformed, at best, and, at worst, are informed by
coarse stereotypes and caricatures.
(2) Local newspapers in countries with
predominantly Muslim populations and influential
broadcasters who reach Muslim audiences through
satellite television often reinforce the idea that the
people and Government of the United States are anti-
Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should
offer an example of moral leadership in the world that
includes a commitment to treat all people humanely,
abide by the rule of law, and be generous to the people
and governments of other countries;
(2) the United States should cooperate with
governments of countries with predominantly Muslim
populations to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a
better future that includes stressing life over death,
individual educational and economic opportunity,
widespread political participation, contempt for
violence, respect for the rule of law, openness in
discussing differences, and tolerance for opposing
points of view;
(3) the United States should encourage reform,
freedom, democracy, and opportunity for Muslims; and
(4) the United States should work to defeat
extremism in all its form, especially in nations with
predominantly Muslim populations by providing
assistance to governments, non-governmental
organizations, and individuals who promote
modernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that short-term gains enjoyed by the United
States through cooperation with repressive dictatorships have
often been outweighed by long-term setbacks for the stature and
interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the
importance of individual educational and economic
opportunity, encourage widespread political
participation, condemn violence, and promote respect
for the rule of law, openness in discussing differences
among people, and tolerance for opposing points of
view; and
(2) the United States Government must encourage the
governments of all countries with predominantly Muslim
populations, including those that are friends and
allies of the United States, to promote the value of
life and the importance of individual education and
economic opportunity, encourage widespread political
participation, condemn violence and promote the rule of
law, openness in discussing differences among people,
and tolerance for opposing points of view.
SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
(a) Promotion of United States Values Through Broadcast
Media.--
(1) Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
(A) Although the United States has
demonstrated and promoted its values in
defending Muslims against tyrants and criminals
in Somalia, Bosnia, Kosovo, Afghanistan, and
Iraq, this message is neither convincingly
presented nor widely understood.
(B) If the United States does not act to
vigorously define its message in countries with
predominantly Muslim populations, the image of
the United States will be defined by Islamic
extremists who seek to demonize the United
States.
(C) Recognizing that many Muslim audiences
rely on satellite television and radio, the
United States Government has launched promising
initiatives in television and radio
broadcasting to the Islamic world, including
Iran and Afghanistan.
(2) Sense of congress.--It is the sense of Congress
that--
(A) the United States must do more to
defend and promote its values and ideals to the
broadest possible audience in countries with
predominantly Muslim populations;
(B) United States efforts to defend and
promote these values and ideals are beginning
to ensure that accurate expressions of these
values reach large Muslim audiences and should
be robustly supported;
(C) the United States Government could and
should do more to engage Muslim audiences in
the struggle of ideas; and
(D) the United States Government should
more intensively employ existing broadcast
media in the Islamic world as part of this
engagement.
(b) Enhancing Free and Independent Media.--
(1) Findings.--Congress makes the following
findings:
(A) Freedom of speech and freedom of the
press are fundamental human rights.
(B) The United States has a national
interest in promoting these freedoms by
supporting free media abroad, which is
essential to the development of free and
democratic societies consistent with our own.
(C) Free media is undermined, endangered,
or nonexistent in many repressive and
transitional societies around the world,
including in Eurasia, Africa, and the Middle
East.
(D) Individuals lacking access to a
plurality of free media are vulnerable to
misinformation and propaganda and are
potentially more likely to adopt anti-United
States views.
(E) Foreign governments have a
responsibility to actively and publicly
discourage and rebut unprofessional and
unethical media while respecting journalistic
integrity and editorial independence.
(2) Statement of policy.--It shall be the policy of
the United States, acting through the Secretary of
State, to--
(A) ensure that the promotion of freedom of
the press and freedom of media worldwide is a
priority of United States foreign policy and an
integral component of United States public
diplomacy;
(B) respect the journalistic integrity and
editorial independence of free media worldwide;
and
(C) ensure that widely accepted standards
for professional and ethical journalistic and
editorial practices are employed when assessing
international media.
(c) Establishment of Media Network.--
(1) Grants for establishment of network.--The
Secretary of State shall, utilizing amounts authorized
to be appropriated by subsection (e)(2), make grants to
the National Endowment for Democracy (NED) under the
National Endowment for Democracy Act (22 U.S.C. 4411 et
seq.) for utilization by the Endowment to provide
funding to a private sector group to establish and
manage a free and independent media network as
specified in paragraph (2).
(2) Media network.--The media network established
using funds under paragraph (1) shall provide an
effective forum to convene a broad range of
individuals, organizations, and governmental
participants involved in journalistic activities and
the development of free and independent media in order
to--
(A) fund a clearinghouse to collect and
share information concerning international
media development and training;
(B) improve research in the field of media
assistance and program evaluation to better
inform decisions regarding funding and program
design for government and private donors;
(C) explore the most appropriate use of
existing means to more effectively encourage
the involvement of the private sector in the
field of media assistance; and
(D) identify effective methods for the
development of a free and independent media in
societies in transition.
(d) Authorizations of Appropriations.--
(1) In general.--There are authorized to be
appropriated for each of fiscal years 2005 and 2006,
unless otherwise authorized by Congress, such sums as
may be necessary to carry out United States Government
broadcasting activities consistent with this section
under the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the
United States International Broadcasting Act of 1994
(22 U.S.C. 6201 et seq.), and the Foreign Affairs
Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et
seq.), and to carry out other activities under this
section consistent with the purposes of such Acts,
unless otherwise authorized by Congress.
(2) Grants for media network.--In addition to the
amounts authorized to be appropriated under paragraph
(1), there are authorized to be appropriated for each
of fiscal years 2005 and 2006, unless otherwise
authorized by Congress, such sums as may be necessary
for grants under subsection (c)(1) for the
establishment of the media network described in
subsection (c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
(a) In General.--The State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting after
section 59 the following new section:
``SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
``(a) Integral Component.--The Secretary of State shall
make public diplomacy an integral component in the planning and
execution of United States foreign policy.
``(b) Coordination and Development of Strategy.--The
Secretary shall make every effort to--
``(1) coordinate, subject to the direction of the
President, the public diplomacy activities of Federal
agencies; and
``(2) coordinate with the Broadcasting Board of
Governors to--
``(A) develop a comprehensive and coherent
strategy for the use of public diplomacy
resources; and
``(B) develop and articulate long-term
measurable objectives for United States public
diplomacy.
``(c) Objectives.--The strategy developed pursuant to
subsection (b) shall include public diplomacy efforts targeting
developed and developing countries and select and general
audiences, using appropriate media to properly explain the
foreign policy of the United States to the governments and
populations of such countries, with the objectives of
increasing support for United States policies and providing
news and information. The Secretary shall, through the most
effective mechanisms, counter misinformation and propaganda
concerning the United States. The Secretary shall continue to
articulate the importance of freedom, democracy, and human
rights as fundamental principles underlying United States
foreign policy goals.
``(d) Identification of United States Foreign Assistance.--
In cooperation with the United States Agency for International
Development (USAID) and other public and private assistance
organizations and agencies, the Secretary should ensure that
information relating to foreign assistance provided by the
United States, nongovernmental organizations, and private
entities of the United States is disseminated widely, and
particularly, to the extent practicable, within countries and
regions that receive such assistance. The Secretary should
ensure that, to the extent practicable, projects funded by
USAID not involving commodities, including projects implemented
by private voluntary organizations, are identified as provided
by the people of the United States.''.
(b) Functions of the Under Secretary of State for Public
Diplomacy.--
(1) Amendment.--Section 1(b)(3) of such Act (22
U.S.C. 2651a(b)(3)) is amended by adding at the end the
following new sentence: ``The Under Secretary for
Public Diplomacy shall--
``(A) prepare an annual strategic plan for
public diplomacy in collaboration with overseas
posts and in consultation with the regional and
functional bureaus of the Department;
``(B) ensure the design and implementation
of appropriate program evaluation
methodologies;
``(C) provide guidance to Department
personnel in the United States and overseas who
conduct or implement public diplomacy policies,
programs, and activities;
``(D) assist the United States Agency for
International Development and the Broadcasting
Board of Governors to present the policies of
the United States clearly and effectively; and
``(E) submit statements of United States
policy and editorial material to the
Broadcasting Board of Governors for broadcast
consideration.''.
(2) Consultation.--The Under Secretary of State for
Public Diplomacy, in carrying out the responsibilities
described in section 1(b)(3) of such Act (as amended by
paragraph (1)), shall consult with public diplomacy
officers operating at United States overseas posts and
in the regional bureaus of the Department of State.
SEC. 7110. PUBLIC DIPLOMACY TRAINING.
(a) Statement of Policy.--The following should be the
policy of the United States:
(1) The Foreign Service should recruit individuals
with expertise and professional experience in public
diplomacy.
(2) United States chiefs of mission should have a
prominent role in the formulation of public diplomacy
strategies for the countries and regions to which they
are assigned and should be accountable for the
operation and success of public diplomacy efforts at
their posts.
(3) Initial and subsequent training of Foreign
Service officers should be enhanced to include
information and training on public diplomacy and the
tools and technology of mass communication.
(b) Personnel.--
(1) Qualifications.--In the recruitment, training,
and assignment of members of the Foreign Service, the
Secretary of State--
(A) should emphasize the importance of
public diplomacy and applicable skills and
techniques;
(B) should consider the priority
recruitment into the Foreign Service, including
at middle-level entry, of individuals with
expertise and professional experience in public
diplomacy, mass communications, or journalism;
and
(C) shall give special consideration to
individuals with language facility and
experience in particular countries and regions.
(2) Languages of special interest.--The Secretary
of State shall seek to increase the number of Foreign
Service officers proficient in languages spoken in
countries with predominantly Muslim populations. Such
increase should be accomplished through the recruitment
of new officers and incentives for officers in service.
(c) Public Diplomacy Suggested for Promotion in Foreign
Service.--Section 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 4003(b)) is amended by adding at the end the following:
``The precepts for selection boards shall include, whether the
member of the Service or the member of the Senior Foreign
Service, as the case may be, has demonstrated--
(1) a willingness and ability to explain United
States policies in person and through the media when
occupying positions for which such willingness and
ability is, to any degree, an element of the member's
duties, or
(2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL
ORGANIZATIONS.
(a) Support and Expansion of Democracy Caucus.--
(1) In general.--The President, acting through the
Secretary of State and the relevant United States
chiefs of mission, should--
(A) continue to strongly support and seek
to expand the work of the democracy caucus at
the United Nations General Assembly and the
United Nations Human Rights Commission; and
(B) seek to establish a democracy caucus at
the United Nations Conference on Disarmament
and at other broad-based international
organizations.
(2) Purposes of the caucus.--A democracy caucus at
an international organization should--
(A) forge common positions, including, as
appropriate, at the ministerial level, on
matters of concern before the organization and
work within and across regional lines to
promote agreed positions;
(B) work to revise an increasingly outmoded
system of membership selection, regional
voting, and decisionmaking; and
(C) establish a rotational leadership
agreement to provide member countries an
opportunity, for a set period of time, to serve
as the designated president of the caucus,
responsible for serving as its voice in each
organization.
(b) Leadership and Membership of International
Organizations.--The President, acting through the Secretary of
State, the relevant United States chiefs of mission, and, where
appropriate, the Secretary of the Treasury, should use the
voice, vote, and influence of the United States to--
(1) where appropriate, reform the criteria for
leadership and, in appropriate cases, for membership,
at all United Nations bodies and at other international
organizations and multilateral institutions to which
the United States is a member so as to exclude
countries that violate the principles of the specific
organization;
(2) make it a policy of the United Nations and
other international organizations and multilateral
institutions of which the United States is a member
that a member country may not stand in nomination for
membership or in nomination or in rotation for a
significant leadership position in such bodies if the
member country is subject to sanctions imposed by the
United Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in
rotation for a significant leadership position in such
organizations, or for membership on the United Nations
Security Council, if the government of the member
country has been determined by the Secretary of State
to have repeatedly provided support for acts of
international terrorism.
(c) Increased Training in Multilateral Diplomacy.--
(1) Statement of policy.--It shall be the policy of
the United States that training courses should be
established for Foreign Service Officers and civil
service employees of the State Department, including
appropriate chiefs of mission, on the conduct of
multilateral diplomacy, including the conduct of
negotiations at international organizations and
multilateral institutions, negotiating skills that are
required at multilateral settings, coalition-building
techniques, and lessons learned from previous United
States multilateral negotiations.
(2) Personnel.--
(A) In general.--The Secretary shall ensure
that the training described in paragraph (1) is
provided at various stages of the career of
members of the Service.
(B) Actions of the Secretary.--The
Secretary shall ensure that--
(i) officers of the Service receive
training on the conduct of diplomacy at
international organizations and other
multilateral institutions and at broad-
based multilateral negotiations of
international instruments as part of
their training upon entry into the
Service; and
(ii) officers of the Service,
including chiefs of mission, who are
assigned to United States missions
representing the United States to
international organizations and other
multilateral institutions or who are
assigned in Washington, D.C., to
positions that have as their primary
responsibility formulation of policy
toward such organizations and
institutions or toward participation in
broad-based multilateral negotiations
of international instruments, receive
specialized training in the areas
described in paragraph (1) prior to
beginning of service for such
assignment or, if receiving such
training at that time is not practical,
within the first year of beginning such
assignment.
(3) Training for civil service employees.--The
Secretary shall ensure that employees of the Department
of State who are members of the civil service and who
are assigned to positions described in paragraph (2)
receive training described in paragraph (1) prior to
the beginning of service for such assignment or, if
receiving such training at such time is not practical,
within the first year of beginning such assignment.
SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS
IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to
promote internationally the values and ideals of the
United States.
(2) Exchange, scholarship, and library programs can
expose young people from other countries to United
States values and offer them knowledge and hope.
(b) Declaration of Policy.--Consistent with the report of
the National Commission on Terrorist Attacks Upon the United
States, Congress declares that--
(1) the United States should commit to a long-term
and sustainable investment in promoting engagement with
people of all levels of society in countries with
predominantly Muslim populations, particularly with
youth and those who influence youth;
(2) such an investment should make use of the
talents and resources in the private sector and should
include programs to increase the number of people who
can be exposed to the United States and its fundamental
ideas and values in order to dispel misconceptions; and
(3) such programs should include youth exchange
programs, young ambassadors programs, international
visitor programs, academic and cultural exchange
programs, American Corner programs, library programs,
journalist exchange programs, sister city programs, and
other programs related to people-to-people diplomacy.
(c) Sense of Congress.--It is the sense of Congress that
the United States should significantly increase its investment
in the people-to-people programs described in subsection (b).
(d) Authority To Expand Educational and Cultural
Exchanges.--The President is authorized to substantially expand
the exchange, scholarship, and library programs of the United
States, especially such programs that benefit people in the
Muslim world.
(e) Availability of Funds.--Of the amounts authorized to be
appropriated in each of the fiscal years 2005 and 2006 for
educational and cultural exchange programs, there shall be
available to the Secretary of State such sums as may be
necessary to carry out programs under this section, unless
otherwise authorized by Congress.
SEC. 7112. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO
PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress makes the following findings:
(1) During the 2003-2004 school year, the Office of
Overseas Schools of the Department of State is
financially assisting 189 elementary and secondary
schools in foreign countries.
(2) United States-sponsored elementary and
secondary schools are located in more than 20 countries
with predominantly Muslim populations in the Near East,
Africa, South Asia, Central Asia, and East Asia.
(3) United States-sponsored elementary and
secondary schools provide an American-style education
in English, with curricula that typically include an
emphasis on the development of critical thinking and
analytical skills.
(b) Statement of Policy.--The United States has an interest
in increasing the level of financial support provided to United
States-sponsored elementary and secondary schools in countries
with predominantly Muslim populations in order to--
(1) increase the number of students in such
countries who attend such schools;
(2) increase the number of young people who may
thereby gain at any early age an appreciation for the
culture, society, and history of the United States; and
(3) increase the number of young people who may
thereby improve their proficiency in the English
language.
(c) Pilot Program.--The Secretary of State, acting through
the Director of the Office of Overseas Schools of the
Department of State, may conduct a pilot program to make grants
to United States-sponsored elementary and secondary schools in
countries with predominantly Muslim populations for the purpose
of providing full or partial merit-based scholarships to
students from lower-income and middle-income families of such
countries to attend such schools.
(d) Determination of Eligible Students.--For purposes of
the pilot program, a United States-sponsored elementary and
secondary school that receives a grant under the pilot program
may establish criteria to be implemented by such school to
determine what constitutes lower-income and middle-income
families in the country (or region of the country, if regional
variations in income levels in the country are significant) in
which such school is located.
(e) Restriction on Use of Funds.--Amounts appropriated to
the Secretary of State pursuant to the authorization of
appropriations in subsection (h) shall be used for the sole
purpose of making grants under this section, and may not be
used for the administration of the Office of Overseas Schools
of the Department of State or for any other activity of the
Office.
(f) Voluntary Participation.--Nothing in this section shall
be construed to require participation in the pilot program by a
United States-sponsored elementary or secondary school in a
predominantly Muslim country.
(g) Report.--Not later than April 15, 2006, the Secretary
of State shall submit to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the pilot program.
The report shall assess the success of the program, examine any
obstacles encountered in its implementation, and address
whether it should be continued, and if so, provide
recommendations to increase its effectiveness.
(h) Funding.--There are authorized to be appropriated to
the Secretary of State for each of the fiscal years 2005 and
2006, unless otherwise authorized by Congress, such sums as
necessary to implement the pilot program under this section.
SEC. 7113. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Education that teaches tolerance, the dignity
and value of each individual, and respect for different
beliefs is a key element in any global strategy to
eliminate terrorism.
(2) Education in the Middle East about the world
outside that region is weak.
(3) The United Nations has rightly equated literacy
with freedom.
(4) The international community is moving toward
setting a concrete goal of reducing by half the
illiteracy rate in the Middle East by 2010, through the
implementation of education programs targeting women
and girls and programs for adult literacy, and by other
means.
(5) To be effective, efforts to improve education
in the Middle East must also include--
(A) support for the provision of basic
education tools, such as textbooks that
translate more of the world's knowledge into
local languages and local libraries to house
such materials; and
(B) more vocational education in trades and
business skills.
(6) The Middle East can benefit from some of the
same programs to bridge the digital divide that already
have been developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--The Secretary of State is
authorized to establish through an existing
international organization, such as the United Nations
Educational, Science and Cultural Organization (UNESCO)
or other similar body, an International Youth
Opportunity Fund to provide financial assistance for
the improvement of public education in the Middle East
and other countries of strategic interest with
predominantly Muslim populations.
(2) International participation.--The Secretary
should seek the cooperation of the international
community in establishing and generously supporting the
Fund.
SEC. 7114. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While terrorism is not caused by poverty,
breeding grounds for terrorism are created by backward
economic policies and repressive political regimes.
(2) Policies that support economic development and
reform also have political implications, as economic
and political liberties are often linked.
(3) The United States is working toward creating a
Middle East Free Trade Area by 2013 and implementing a
free trade agreement with Bahrain, and free trade
agreements exist between the United States and Israel
and the United States and Jordan.
(4) Existing and proposed free trade agreements
between the United States and countries with
predominantly Muslim populations are drawing interest
from other countries in the Middle East region, and
countries with predominantly Muslim populations can
become full participants in the rules-based global
trading system, as the United States considers lowering
its barriers to trade.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to
counter terrorism should include economic policies that
encourage development, open societies, and
opportunities for people to improve the lives of their
families and to enhance prospects for their children's
future;
(2) one element of such a strategy should encompass
the lowering of trade barriers with the poorest
countries that have a significant population of Muslim
individuals;
(3) another element of such a strategy should
encompass United States efforts to promote economic
reform in countries that have a significant population
of Muslim individuals, including efforts to integrate
such countries into the global trading system; and
(4) given the importance of the rule of law in
promoting economic development and attracting
investment, the United States should devote an
increased proportion of its assistance to countries in
the Middle East to the promotion of the rule of law.
SEC. 7115. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There are authorized
to be appropriated for each of fiscal years 2005 and 2006,
(unless otherwise authorized by Congress) such sums as may be
necessary for the Middle East Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that,
given the importance of the rule of law and economic reform to
development in the Middle East, a significant portion of the
funds authorized to be appropriated under subsection (a) should
be made available to promote the rule of law in the Middle
East.
SEC. 7116. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Almost every aspect of the counterterrorism
strategy of the United States relies on international
cooperation.
(2) Since September 11, 2001, the number and scope
of United States Government contacts with foreign
governments concerning counterterrorism have expanded
significantly, but such contacts have often been ad hoc
and not integrated as a comprehensive and unified
approach to counterterrorism.
(b) In General.--The Secretary of State is authorized in
consultation with relevant United States Government agencies,
to negotiate on a bilateral or multilateral basis, as
appropriate, international agreements under which parties to an
agreement work in partnership to address and interdict acts of
international terrorism.
(c) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress
that the President--
(A) should seek to engage the leaders of
the governments of other countries in a process
of advancing beyond separate and uncoordinated
national counterterrorism strategies to develop
with those other governments a comprehensive
multilateral strategy to fight terrorism; and
(B) to that end, should seek to establish
an international counterterrorism policy
contact group with the leaders of governments
providing leadership in global counterterrorism
efforts and governments of countries with
sizable Muslim populations, to be used as a
ready and flexible international means for
discussing and coordinating the development of
important counterterrorism policies by the
participating governments.
(2) Authority.--The President is authorized to
establish an international counterterrorism policy
contact group with the leaders of governments referred
to in paragraph (1) for the following purposes:
(A) To meet annually, or more frequently as
the President determines appropriate, to
develop in common with such other governments
important policies and a strategy that address
the various components of international
prosecution of the war on terrorism, including
policies and a strategy that address military
issues, law enforcement, the collection,
analysis, and dissemination of intelligence,
issues relating to interdiction of travel by
terrorists, counterterrorism-related customs
issues, financial issues, and issues relating
to terrorist sanctuaries.
(B) To address, to the extent (if any) that
the President and leaders of other
participating governments determine
appropriate, long-term issues that can
contribute to strengthening stability and
security in the Middle East.
SEC. 7117. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The death or capture of several important
financial facilitators has decreased the amount of
money available to al Qaeda, and has made it more
difficult for al Qaeda to raise and move money.
(2) The capture of al Qaeda financial facilitators
has provided a windfall of intelligence that can be
used to continue the cycle of disruption.
(3) The United States Government has rightly
recognized that information about terrorist money helps
in understanding terror networks, searching them out,
and disrupting their operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a critical weapon in the effort to stop
terrorist financing should be the targeting of
terrorist financial facilitators by intelligence and
law enforcement agencies; and
(2) efforts to track terrorist financing must be
paramount in United States counterterrorism efforts.
SEC. 7118. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5)
and (6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years
beginning on the effective date of the
designation under paragraph (2)(B)'' and
inserting ``until revoked under paragraph (5)
or (6) or set aside pursuant to subsection
(c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon
petition.--
``(i) In general.--The Secretary
shall review the designation of a
foreign terrorist organization under
the procedures set forth in clauses
(iii) and (iv) if the designated
organization files a petition for
revocation within the petition period
described in clause (ii).
``(ii) Petition period.--For
purposes of clause (i)--
``(I) if the designated
organization has not previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date on which the
designation was made; or
``(II) if the designated
organization has previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date of the
determination made under clause
(iv) on that petition.
``(iii) Procedures.--Any foreign
terrorist organization that submits a
petition for revocation under this
subparagraph must provide evidence in
that petition that the relevant
circumstances described in paragraph
(1) are sufficiently different from the
circumstances that were the basis for
the designation such that a revocation
with respect to the organization is
warranted.
``(iv) Determination.--
``(I) In general.--Not
later than 180 days after
receiving a petition for
revocation submitted under this
subparagraph, the Secretary
shall make a determination as
to such revocation.
``(II) Classified
information.--The Secretary may
consider classified information
in making a determination in
response to a petition for
revocation. Classified
information shall not be
subject to disclosure for such
time as it remains classified,
except that such information
may be disclosed to a court ex
parte and in camera for
purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination
made by the Secretary under
this clause shall be published
in the Federal Register.
``(IV) Procedures.--Any
revocation by the Secretary
shall be made in accordance
with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 5-year
period no review has taken place under
subparagraph (B), the Secretary shall
review the designation of the foreign
terrorist organization in order to
determine whether such designation
should be revoked pursuant to paragraph
(6).
``(ii) Procedures.--If a review
does not take place pursuant to
subparagraph (B) in response to a
petition for revocation that is filed
in accordance with that subparagraph,
then the review shall be conducted
pursuant to procedures established by
the Secretary. The results of such
review and the applicable procedures
shall not be reviewable in any court.
``(iii) Publication of results of
review.--The Secretary shall publish
any determination made pursuant to this
subparagraph in the Federal
Register.''.
(b) Aliases.--Section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a
designation under this subsection if the Secretary
finds that the organization has changed its name,
adopted a new alias, dissolved and then reconstituted
itself under a different name or names, or merged with
another organization.
``(2) Procedure.--Amendments made to a designation
in accordance with paragraph (1) shall be effective
upon publication in the Federal Register. Subparagraphs
(B) and (C) of subsection (a)(2) shall apply to an
amended designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection
(a) shall also apply to an amended designation.
``(3) Administrative record.--The administrative
record shall be corrected to include the amendments as
well as any additional relevant information that
supports those amendments.
``(4) Classified information.--The Secretary may
consider classified information in amending a
designation in accordance with this subsection.
Classified information shall not be subject to
disclosure for such time as it remains classified,
except that such information may be disclosed to a
court ex parte and in camera for purposes of judicial
review under subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189) is
amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking
``subsection (b)'' and inserting ``subsection
(c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause
(i), by striking ``or a redesignation
made under paragraph (4)(B)'' and
inserting ``at any time, and shall
revoke a designation upon completion of
a review conducted pursuant to
subparagraphs (B) and (C) of paragraph
(4)''; and
(ii) in clause (i), by striking
``or redesignation'';
(C) in paragraph (7), by striking ``, or
the revocation of a redesignation under
paragraph (6),''; and
(D) in paragraph (8)--
(i) by striking ``, or if a
redesignation under this subsection has
become effective under paragraph
(4)(B),''; and
(ii) by striking ``or
redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all
that follows through ``review of the
designation'' and inserting ``in the Federal
Register of a designation, an amended
designation, or a determination in response to
a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation'';
(C) in paragraph (3), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation''; and
(D) in paragraph (4), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation'' each place that term appears.
(d) Savings Provision.--For purposes of applying section
219 of the Immigration and Nationality Act on or after the date
of enactment of this Act, the term ``designation'', as used in
that section, includes all redesignations made pursuant to
section 219(a)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this
Act, and such redesignations shall continue to be effective
until revoked as provided in paragraph (5) or (6) of section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 7119. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President shall submit to Congress a
report on the activities of the Government of the United States
to carry out the provisions of this subtitle.
(b) Contents.--The report required under this section shall
include the following:
(1) Terrorist sanctuaries.--A description of the
strategy of the United States to address and, where
possible, eliminate terrorist sanctuaries, including--
(A) a description of the terrorist
sanctuaries that exist;
(B) an outline of strategies, tactics, and
tools for disrupting or eliminating the
security provided to terrorists by such
sanctuaries;
(C) a description of efforts by the United
States Government to work with other countries
in bilateral and multilateral fora to elicit
the cooperation needed to identify and address
terrorist sanctuaries that may exist unknown to
governments; and
(D) a description of long-term goals and
actions designed to reduce the conditions that
allow the formation of terrorist sanctuaries,
such as supporting and strengthening host
governments, reducing poverty, increasing
economic development, strengthening civil
society, securing borders, strengthening
internal security forces, and disrupting
logistics and communications networks of
terrorist groups.
(2) Support for pakistan.--A description of a
United States strategy to engage with Pakistan and to
support it over the long term, including--
(A) recommendations on the composition and
levels of assistance required in future years,
with special consideration of the proper
balance between security assistance and other
forms of assistance;
(B) a description of the composition and
levels of assistance, other than security
assistance, at present and in the recent past,
structured to permit a comparison of current
and past practice with that recommended for the
future;
(C) measures that could be taken to ensure
that all forms of foreign assistance to
Pakistan have the greatest possible long-term
positive impact on the welfare of the Pakistani
people and on the ability of Pakistan to
cooperate in global efforts against terror; and
(D) measures that could be taken to
alleviate difficulties, misunderstandings, and
complications in the relationship between the
United States and Pakistan.
(3) Collaboration with saudi arabia.--A description
of the strategy of the United States for expanding
collaboration with the Government of Saudi Arabia on
subjects of mutual interest and of importance,
including a description of--
(A) steps that could usefully be taken to
institutionalize and make more transparent
government to government relationships between
the United States and Saudi Arabia, including
the utility of undertaking periodic, formal,
and visible high-level dialogues between
government officials of both countries to
address challenges in the relationship between
the 2 governments and to identify areas and
mechanisms for cooperation;
(B) intelligence and security cooperation
between the United States and Saudi Arabia in
the fight against Islamist terrorism;
(C) ways to increase the contribution of
Saudi Arabia to the stability of the Middle
East and the Islamic world, particularly to the
Middle East peace process, by eliminating
support from or within Saudi Arabia for
extremist groups or tendencies;
(D) political and economic reform in Saudi
Arabia and throughout the Islamic world;
(E) ways to promote greater tolerance and
respect for cultural and religious diversity in
Saudi Arabia and throughout the Islamic world;
and
(F) ways to assist the Government of Saudi
Arabia in reversing the impact of any
financial, moral, intellectual, or other
support provided in the past from Saudi sources
to extremist groups in Saudi Arabia and other
countries, and to prevent this support from
continuing in the future.
(4) Struggle of ideas in the islamic world.--A
description of a cohesive, long-term strategy of the
United States to help win the struggle of ideas in the
Islamic world, including the following:
(A) A description of specific goals related
to winning this struggle of ideas.
(B) A description of the range of tools
available to the United States Government to
accomplish such goals and the manner in which
such tools will be employed.
(C) A list of benchmarks for measuring
success and a plan for linking resources to the
accomplishment of such goals.
(D) A description of any additional
resources that may be necessary to help win
this struggle of ideas.
(E) Any recommendations for the creation
of, and United States participation in,
international institutions for the promotion of
democracy and economic diversification in the
Islamic world, and intraregional trade in the
Middle East.
(F) An estimate of the level of United
States financial assistance that would be
sufficient to convince United States allies and
people in the Islamic world that engaging in
the struggle of ideas in the Islamic world is a
top priority of the United States and that the
United States intends to make a substantial and
sustained commitment toward winning this
struggle.
(5) Outreach through broadcast media.--A
description of a cohesive, long-term strategy of the
United States to expand its outreach to foreign Muslim
audiences through broadcast media, including the
following:
(A) The initiatives of the Broadcasting
Board of Governors with respect to outreach to
foreign Muslim audiences.
(B) An outline of recommended actions that
the United States Government should take to
more regularly and comprehensively present a
United States point of view through indigenous
broadcast media in countries with predominantly
Muslim populations, including increasing
appearances by United States Government
officials, experts, and citizens.
(C) An assessment of the major themes of
biased or false media coverage of the United
States in foreign countries and the actions
taken to address this type of media coverage.
(D) An assessment of potential incentives
for, and costs associated with, encouraging
United States broadcasters to dub or subtitle
into Arabic and other relevant languages their
news and public affairs programs broadcast in
the Muslim world in order to present those
programs to a much broader Muslim audience than
is currently reached.
(E) Any recommendations the President may
have for additional funding and legislation
necessary to achieve the objectives of the
strategy.
(6) Visas for participants in united states
programs.--A description of--
(A) any recommendations for expediting the
issuance of visas to individuals who are
entering the United States for the purpose of
participating in a scholarship, exchange, or
visitor program described in section 7111(b)
without compromising the security of the United
States; and
(B) a proposed schedule for implementing
any recommendations described in subparagraph
(A).
(7) Basic education in muslim countries.--A
description of a strategy, that was developed after
consultation with nongovernmental organizations and
individuals involved in education assistance programs
in developing countries, to promote free universal
basic education in the countries of the Middle East and
in other countries with predominantly Muslim
populations designated by the President. The strategy
shall include the following elements:
(A) A description of the manner in which
the resources of the United States and the
international community shall be used to help
achieve free universal basic education in such
countries, including--
(i) efforts of the United States to
coordinate an international effort;
(ii) activities of the United
States to leverage contributions from
members of the Group of Eight or other
donors; and
(iii) assistance provided by the
United States to leverage contributions
from the private sector and civil
society organizations.
(B) A description of the efforts of the
United States to coordinate with other donors
to reduce duplication and waste at the global
and country levels and to ensure efficient
coordination among all relevant departments and
agencies of the Government of the United
States.
(C) A description of the strategy of the
United States to assist efforts to overcome
challenges to achieving free universal basic
education in such countries, including
strategies to target hard to reach populations
to promote education.
(D) A listing of countries that the
President determines might be eligible for
assistance under the International Youth
Opportunity Fund described in section 7113(b)
and related programs.
(E) A description of the efforts of the
United States to encourage countries in the
Middle East and other countries with
predominantly Muslim populations designated by
the President to develop and implement a
national education plan.
(F) A description of activities that could
be carried out as part of the International
Youth Opportunity Fund to help close the
digital divide and expand vocational and
business skills in such countries.
(G) An estimate of the funds needed to
achieve free universal basic education by 2015
in each country described in subparagraph (D),
and an estimate of the amount that has been
expended by the United States and by each such
country during the previous fiscal year.
(H) A description of the United States
strategy for garnering programmatic and
financial support from countries in the Middle
East and other countries with predominantly
Muslim populations designated by the President,
international organizations, and other
countries that share the objectives of the
International Youth Opportunity Fund.
(8) Economic reform.--A description of the efforts
of the United States Government to encourage
development and promote economic reform in countries
that have a predominantly Muslim population, including
a description of--
(A) efforts to integrate countries with
predominantly Muslim populations into the
global trading system; and
(B) actions that the United States
Government, acting alone and in partnership
with governments in the Middle East, can take
to promote intraregional trade and the rule of
law in the region.
(c) Form of Report.--Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) under this section may contain a classified annex.
SEC. 7120. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) Availability of Treaties and International
Agreements.--Section 112a of title 1, United States Code, is
amended by adding at the end the following:
``(d) The Secretary of State shall make publicly available
through the Internet website of the Department of State each
treaty or international agreement proposed to be published in
the compilation entitled `United States Treaties and Other
International Agreements' not later than 180 days after the
date on which the treaty or agreement enters into force.''.
(b) Transmission to Congress.--Section 112b(a) of title 1,
United States Code, is amended by striking ``Committee on
Foreign Affairs'' and inserting ``Committee on International
Relations''.
(c) Report.--Section 112b of title 1, United States Code,
is amended--
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the
following:
``(d)(1) The Secretary of State shall annually submit to
Congress a report that contains an index of all international
agreements, listed by country, date, title, and summary of each
such agreement (including a description of the duration of
activities under the agreement and the agreement itself), that
the United States--
``(A) has signed, proclaimed, or with reference to
which any other final formality has been executed, or
that has been extended or otherwise modified, during
the preceding calendar year; and
``(B) has not been published, or is not proposed to
be published, in the compilation entitled `United
States Treaties and Other International Agreements'.
``(2) The report described in paragraph (1) may be
submitted in classified form.''.
(d) Determination of International Agreement.--Subsection
(e) of section 112b of title 1, United States Code, as
redesignated, is amended--
(1) by striking ``(e) The Secretary of State'' and
inserting the following:
``(e)(1) Subject to paragraph (2), the Secretary of
State''; and
(2) by adding at the end the following:
``(2)(A) An arrangement shall constitute an international
agreement within the meaning of this section (other than
subsection (c)) irrespective of the duration of activities
under the arrangement or the arrangement itself.
``(B) Arrangements that constitute an international
agreement within the meaning of this section (other than
subsection (c)) include the following:
``(i) A bilateral or multilateral counterterrorism
agreement.
``(ii) A bilateral agreement with a country that is
subject to a determination under section 6(j)(1)(A) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)), section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)), or section
40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)).''.
(e) Enforcement of Requirements.--Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
is amended to read as follows:
``(b) Effective Date.--Subsection (a) shall take effect 60
days after the date of enactment of the 911 Commission
Implementation Act of 2004 and shall apply during fiscal years
2005, 2006, and 2007.''.
SEC. 7121. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this
subtitle shall take effect on the date of enactment of this
Act.
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Travel documents are as important to terrorists
as weapons since terrorists must travel clandestinely
to meet, train, plan, case targets, and gain access to
attack sites.
(2) International travel is dangerous for
terrorists because they must surface to pass through
regulated channels, present themselves to border
security officials, or attempt to circumvent inspection
points.
(3) Terrorists use evasive, but detectable, methods
to travel, such as altered and counterfeit passports
and visas, specific travel methods and routes, liaisons
with corrupt government officials, human smuggling
networks, supportive travel agencies, and immigration
and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If
an agency had done so, the agency could have discovered
the ways in which the terrorist predecessors to al
Qaeda had been systematically, but detectably,
exploiting weaknesses in our border security since the
early 1990s.
(5) Many of the hijackers were potentially
vulnerable to interception by border authorities.
Analyzing their characteristic travel documents and
travel patterns could have allowed authorities to
intercept some of the hijackers and a more effective
use of information available in government databases
could have identified some of the hijackers.
(6) The routine operations of our immigration laws
and the aspects of those laws not specifically aimed at
protecting against terrorism inevitably shaped al
Qaeda's planning and opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated
into the front lines of border security.
(8) The small classified terrorist travel
intelligence collection and analysis program currently
in place has produced useful results and should be
expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Director of the
National Counterterrorism Center shall submit to
Congress unclassified and classified versions of a
strategy for combining terrorist travel intelligence,
operations, and law enforcement into a cohesive effort
to intercept terrorists, find terrorist travel
facilitators, and constrain terrorist mobility
domestically and internationally. The report to
Congress should include a description of the actions
taken to implement the strategy and an assessment
regarding vulnerabilities within the United States and
foreign travel systems that may be exploited by
international terrorists, human smugglers and
traffickers, and their facilitators.
(2) Coordination.--The strategy shall be developed
in coordination with all relevant Federal agencies.
(3) Contents.--The strategy may address--
(A) a program for collecting, analyzing,
disseminating, and utilizing information and
intelligence regarding terrorist travel tactics
and methods, and outline which Federal
intelligence, diplomatic, and law enforcement
agencies will be held accountable for
implementing each element of the strategy;
(B) the intelligence and law enforcement
collection, analysis, operations, and reporting
required to identify and disrupt terrorist
travel tactics, practices, patterns, andtrends,
and the terrorist travel facilitators, document forgers, human
smugglers, travel agencies, and corrupt border and transportation
officials who assist terrorists;
(C) the training and training materials
required by consular, border, and immigration
officials to effectively detect and disrupt
terrorist travel described under subsection
(c)(3);
(D) the new technology and procedures
required and actions to be taken to integrate
existing counterterrorist travel document and
mobility intelligence into border security
processes, including consular, port of entry,
border patrol, maritime, immigration benefits,
and related law enforcement activities;
(E) the actions required to integrate
current terrorist mobility intelligence into
military force protection measures;
(F) the additional assistance to be given
to the interagency Human Smuggling and
Trafficking Center for purposes of combatting
terrorist travel, including further developing
and expanding enforcement and operational
capabilities that address terrorist travel;
(G) the actions to be taken to aid in the
sharing of information between the frontline
border agencies of the Department of Homeland
Security, the Department of State, and
classified and unclassified sources of
counterterrorist travel intelligence and
information elsewhere in the Federal
Government, including the Human Smuggling and
Trafficking Center;
(H) the development and implementation of
procedures to enable the National
Counterterrorism Center, or its designee, to
timely receive terrorist travel intelligence
and documentation obtained at consulates and
ports of entry, and by law enforcement officers
and military personnel;
(I) the use of foreign and technical
assistance to advance border security measures
and law enforcement operations against
terrorist travel facilitators;
(J) the feasibility of developing a program
to provide each consular, port of entry, and
immigration benefits office with a
counterterrorist travel expert trained and
authorized to use the relevant authentication
technologies and cleared to access all
appropriate immigration, law enforcement, and
intelligence databases;
(K) the feasibility of digitally
transmitting suspect passport information to a
central cadre of specialists, either as an
interim measure until such time as experts
described under subparagraph (J) are available
at consular, port of entry, and immigration
benefits offices, or otherwise;
(L) the development of a mechanism to
ensure the coordination and dissemination of
terrorist travel intelligence and operational
information among the Department of Homeland
Security, the Department of State, the National
Counterterrorism Center, and other appropriate
agencies;
(M) granting consular officers and
immigration adjudicators, as appropriate, the
security clearances necessary to access law
enforcement sensitive and intelligence
databases; and
(N) how to integrate travel document
screening for terrorism indicators into border
screening, and how to integrate the
intelligence community into a robust travel
document screening process to intercept
terrorists.
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination
plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland
Security, in conjunction with the Secretary of State,
shall submit to Congress a plan describing how the
Department of Homeland Security and the Department of
State can acquire and deploy, to the maximum extent
feasible, to all consulates, ports of entry, and
immigration benefits offices, technologies that
facilitate document authentication and the detection of
potential terrorist indicators on travel documents. To
the extent possible, technologies acquired and deployed
under this plan shall be compatible with systems used
by the Department of Homeland Security to detect
fraudulent documents and identify genuine documents.
(2) Contents of plan.--The plan submitted under
paragraph (1) shall--
(A) outline the timetable needed to acquire
and deploy the authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these
technologies; and
(ii) train personnel on use of
these technologies; and
(C) address the feasibility of using these
technologies to screen every passport or other
documentation described in section 7209(b)
submitted for identification purposes to a
United States consular, border, or immigration
official.
(d) Training Program.--
(1) Review, evaluation, and revision of existing
training programs.--The Secretary of Homeland Security
shall--
(A) review and evaluate the training
regarding travel and identity documents, and
techniques, patterns, and trends associated
with terrorist travel that is provided to
personnel of the Department of Homeland
Security;
(B) in coordination with the Secretary of
State, review and evaluate the training
described in subparagraph (A) that is provided
to relevant personnel of the Department of
State; and
(C) in coordination with the Secretary of
State, develop and implement an initial
training and periodic retraining program--
(i) to teach border, immigration,
and consular officials (who inspect or
review travel or identity documents as
part of their official duties) how to
effectively detect, intercept, and
disrupt terrorist travel; and
(ii) to ensure that the officials
described in clause (i) regularly
receive the most current information on
such matters and are periodically
retrained on the matters described in
paragraph (2).
(2) Required topics of revised programs.--The
training program developed under paragraph (1)(C) shall
include training in--
(A) methods for identifying fraudulent and
genuine travel documents;
(B) methods for detecting terrorist
indicators on travel documents and other
relevant identity documents;
(C) recognition of travel patterns,
tactics, and behaviors exhibited by terrorists;
(D) effective utilization of information
contained in databases and data systems
available to the Department of Homeland
Security; and
(E) other topics determined to be
appropriate by the Secretary of Homeland
Security, in consultation with the Secretary of
State or the Director of National Intelligence.
(3) Implementation.--
(A) Department of homeland security.--
(i) In general.--The Secretary of
Homeland Security shall provide all
border and immigration officials who
inspect or review travel or identity
documents as part of their official
duties with the training described in
paragraph (1)(C).
(ii) Report to congress.--Not later
than 12 months after the date of
enactment of this Act, and annually
thereafter for a period of 3 years, the
Secretary of Homeland Security shall
submit a report to Congress that--
(I) describes the number of
border and immigration
officials who inspect or review
identity documents as part of
their official duties, and the
proportion of whom have
received the revised training
program described in paragraph
(1)(C)(i);
(II) explains the reasons,
if any, for not completing the
requisite training described in
paragraph (1)(C)(i);
(III) provides a timetable
for completion of the training
described in paragraph
(1)(C)(i) for those who have
not received such training; and
(IV) describes the status
of periodic retraining of
appropriate personnel described
in paragraph (1)(C)(ii).
(B) Department of state.--
(i) In general.--The Secretary of
State shall provide all consular
officers who inspect or review travel
or identity documents as part of their
official duties with the training
described in paragraph (1)(C).
(ii) Report to congress.--Not later
than 12 months after the date of
enactment of this Act, and annually
thereafter for a period of 3 years, the
Secretary of State shall submit a
report to Congress that--
(I) describes the number of
consular officers who inspect
or review travel or identity
documents as part of their
official duties, and the
proportion of whom have
received the revised training
program described in paragraph
(1)(C)(i);
(II) explains the reasons,
if any, for not completing the
requisite training described in
paragraph (1)(C)(i);
(III) provides a timetable
for completion of the training
described in paragraph
(1)(C)(i) for those who have
not received such training; and
(IV) describes the status
of periodic retraining of
appropriate personnel described
in paragraph (1)(C)(ii).
(4) Assistance to others.--The Secretary of
Homeland Security may assist States, Indian tribes,
local governments, and private organizations to
establish training programs related to terrorist travel
intelligence.
(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2005 through
2009 to carry out the provisions of this subsection.
(e) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The Director of National
Intelligence shall significantly increase resources and
personnel to the small classified program that collects
and analyzes intelligence on terrorist travel.
(2) Authorization of appropriations.--There are
authorized to be appropriated for each of the fiscal
years 2005 through 2009 such sums as may be necessary
to carry out this subsection.
SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a) Establishment.--There is established a Human Smuggling
and Trafficking Center (referred to in this section as the
``Center'').
(b) Operation.--The Secretary of State, the Secretary of
Homeland Security, and the Attorney General shall operate the
Center in accordance with the Memorandum of Understanding
entitled, ``Human Smuggling and Trafficking Center (HSTC),
Charter''.
(c) Functions.--In addition to such other responsibilities
as the President may assign, the Center shall--
(1) serve as the focal point for interagency
efforts to address terrorist travel;
(2) serve as a clearinghouse with respect to all
relevant information from all Federal Government
agencies in support of the United States strategy to
prevent separate, but related, issues of clandestine
terrorist travel and facilitation of migrant smuggling
and trafficking of persons;
(3) ensure cooperation among all relevant policy,
law enforcement, diplomatic, and intelligence agencies
of the Federal Government to improve effectiveness and
to convert all information available to the Federal
Government relating to clandestine terrorist travel and
facilitation, migrant smuggling, and trafficking of
persons into tactical, operational, and strategic
intelligence that can be used to combat such illegal
activities; and
(4) prepare and submit to Congress, on an annual
basis, a strategic assessment regarding vulnerabilities
in the United States and foreign travel system that may
be exploited by international terrorists, human
smugglers and traffickers, and their facilitators.
(d) Report.--Not later than 180 days after the date of
enactment of this Act, the President shall transmit to Congress
a report regarding the implementation of this section,
including a description of the staffing and resource needs of
the Center.
(e) Relationship to the NCTC.--As part of its mission to
combat terrorist travel, the Center shall work to support the
efforts of the National Counterterrorism Center.
SEC. 7203. 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.--Section 222(b) of the
Immigration and Nationality Act (8 U.S.C. 1202(b)) 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.--Section 222(d) of the
Immigration and Nationality Act (8 U.S.C. 1202(d)) is
amended by adding at the end the following: ``All
nonimmigrant visa applications shall be reviewed and
adjudicated by a consular officer.''.
(c) Training for Consular Officers in Detection of
Fraudulent Documents.--Section 305(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))
is amended by adding at the end the following: ``In accordance
with section 7201(d) of the 9/11 Commission Implementation Act
of 2004, and 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, in coordination
with the Secretary of Homeland Security, shall
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 ordesignate at
each such post at least 1 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 under subparagraph (A) at a
diplomatic or consular post if an employee of
the Department of Homeland Security, who has
sufficient training and experience in the
detection of fraudulent documents, is assigned
on a full-time basis to such post under section
428 of the Homeland Security Act of 2002 (6
U.S.C. 236).
SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST
TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED
DOCUMENTS.
(a) Findings.--Congress makes the following findings:
(1) International terrorists travel across
international borders to raise funds, recruit members,
train for operations, escape capture, communicate, and
plan and carry out attacks.
(2) The international terrorists who planned and
carried out the attack on the World Trade Center on
February 26, 1993, the attack on the embassies of the
United States in Kenya and Tanzania on August 7, 1998,
the attack on the USS Cole on October 12, 2000, and the
attack on the World Trade Center and the Pentagon on
September 11, 2001, traveled across international
borders to plan and carry out these attacks.
(3) The international terrorists who planned other
attacks on the United States, including the plot to
bomb New York City landmarks in 1993, the plot to bomb
the New York City subway in 1997, and the millennium
plot to bomb Los Angeles International Airport on
December 31, 1999, traveled across international
borders to plan and carry out these attacks.
(4) Many of the international terrorists who
planned and carried out large-scale attacks against
foreign targets, including the attack in Bali,
Indonesia, on October 11, 2002, and the attack in
Madrid, Spain, on March 11, 2004, traveled across
international borders to plan and carry out these
attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World
Trade Center on February 26, 1993, the plot to bomb New
York City landmarks in 1993, and the millennium plot to
bomb Los Angeles International Airport on December 31,
1999, traveled on fraudulent passports and often had
more than 1 passport.
(6) Two of the September 11, 2001, hijackers were
carrying passports that had been manipulated in a
fraudulent manner.
(7) The National Commission on Terrorist Attacks
Upon the United States, (commonly referred to as the 9/
11 Commission), stated that ``Targeting travel is at
least as powerful a weapon against terrorists as
targeting their money.''.
(b) International Agreements To Track and Curtail Terrorist
Travel.--
(1) International agreement on lost, stolen, or
falsified documents.--The President should lead efforts
to track and curtail the travel of terrorists by
supporting the drafting, adoption, and implementation
of international agreements, and relevant United
Nations Security Council resolutions to track and stop
international travel by terrorists and other criminals
through the use of lost, stolen, or falsified documents
to augment United Nations and other international anti-
terrorism efforts.
(2) Contents of international agreement.--The
President should seek, as appropriate, the adoption or
full implementation of effective international measures
to--
(A) share information on lost, stolen, and
fraudulent passports and other travel documents
for the purposes of preventing the undetected
travel of persons using such passports and
other travel documents that were obtained
improperly;
(B) establish and implement a real-time
verification system of passports and other
travel documents with issuing authorities;
(C) share with officials at ports of entry
in any such country information relating to
lost, stolen, and fraudulent passports and
other travel documents;
(D) encourage countries--
(i) to criminalize--
(I) the falsification or
counterfeiting of travel
documents or breeder documents
for any purpose;
(II) the use or attempted
use of false documents to
obtain a visa or cross a border
for any purpose;
(III) the possession of
tools or implements used to
falsify or counterfeit such
documents;
(IV) the trafficking in
false or stolen travel
documents and breeder documents
for any purpose;
(V) the facilitation of
travel by a terrorist; and
(VI) attempts to commit,
including conspiracies to
commit, the crimes specified in
subclauses (I) through (V);
(ii) to impose significant
penalties to appropriately punish
violations and effectively deter the
crimes specified in clause (i); and
(iii) to limit the issuance of
citizenship papers, passports,
identification documents, and similar
documents to persons--
(I) whose identity is
proven to the issuing
authority;
(II) who have a bona fide
entitlement to or need for such
documents; and
(III) who are not issued
such documents principally on
account of a disproportional
payment made by them or on
their behalf to the issuing
authority;
(E) provide technical assistance to
countries to help them fully implement such
measures; and
(F) permit immigration and border
officials--
(i) to confiscate a lost, stolen,
or falsified passport at ports of
entry;
(ii) to permit the traveler to
return to the sending country without
being in possession of the lost,
stolen, or falsified passport; and
(iii) to detain and investigate
such traveler upon the return of the
traveler to the sending country.
(3) International civil aviation organization.--The
United States shall lead efforts to track and curtail
the travel of terrorists by supporting efforts at the
International Civil Aviation Organization to continue
to strengthen the security features of passports and
other travel documents.
(c) Report.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, and at least annually
thereafter, the President shall submit to the
appropriate congressional committees a report on
progress toward achieving the goals described in
subsection (b).
(2) Termination.--Paragraph (1) shall cease to be
effective when the President certifies to the Committee
on International Relations of the House of
Representatives and the Committee on Foreign Relations
of the Senate that the goals described in subsection
(b) have been fully achieved.
SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO
THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL
DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The current lack of a single convention for
translating Arabic names enabled some of the 19
hijackers of aircraft used in the terrorist attacks
against the United States that occurred on September
11, 2001, to vary the spelling of their names to defeat
name-based terrorist watchlist systems and to make more
difficult any potential efforts to locate them.
(2) Although the development and utilization of
terrorist watchlist systems using biometric identifiers
will be helpful, the full development and utilization
of such systems will take several years, and name-based
terrorist watchlist systems will always be useful.
(b) Sense of Congress.--It is the sense of Congress that
the President should seek to enter into an international
agreement to modernize and improve standards for the
transliteration of names into the Roman alphabet in order to
ensure 1 common spelling for such names for international
travel documents and name-based watchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) In General.--Section 235A(b) of the Immigration and
Nationality Act (8 U.S.C. 1225a(b)) is amended--
(1) in the subsection heading, by inserting ``and
Immigration Security Initiative'' after ``Program'';
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(3) by adding at the end the following: ``Beginning
not later than December 31, 2006, the number of
airports selected for an assignment under this
subsection shall be at least 50.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security to
carry out the amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER
PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State
shall certify to Congress which of the countries designated to
participate in the visa waiver program established under
section 217 of the Immigration and Nationality Act (8 U.S.C.
1187) are developing a program to issue to individuals seeking
to enter that country pursuant to a visa issued by that
country, a machine readable visa document that is tamper-
resistant and incorporates biometric identification information
that is verifiable at its port of entry.
SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that completing a biometric entry and exit data
system as expeditiously as possible is an essential investment
in efforts to protect the United States by preventing the entry
of terrorists.
(b) Definition.--In this section, the term ``entry and exit
data system'' means the entry and exit system required by
applicable sections of--
(1) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-
205);
(3) the Visa Waiver Permanent Program Act (Public
Law 106-396);
(4) the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Public Law 107-173); and
(5) the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
(Public Law 107-56).
(c) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit
data system.
(2) Report.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall submit a
report to Congress on the plan developed under
paragraph (1), which shall contain--
(A) a description of the current
functionality of the entry and exit data
system, including--
(i) a listing of ports of entry and
other Department of Homeland Security
and Department of State locations with
biometric entry data systems in use and
whether such screening systems are
located at primary or secondary
inspection areas;
(ii) a listing of ports of entry
and other Department of Homeland
Security and Department of State
locations with biometric exit data
systems in use;
(iii) a listing of databases and
data systems with which the entry and
exit data system are interoperable;
(iv) a description of--
(I) identified deficiencies
concerning the accuracy or
integrity of the information
contained in the entry and exit
data system;
(II) identified
deficiencies concerning
technology associated with
processing individuals through
the system; and
(III) programs or policies
planned or implemented to
correct problems identified in
subclause (I) or (II); and
(v) an assessment of the
effectiveness of the entry and exit
data system in fulfilling its intended
purposes, including preventing
terrorists from entering the United
States;
(B) a description of factors relevant to
the accelerated implementation of the biometric
entry and exit data system, including--
(i) the earliest date on which the
Secretary estimates that full
implementation of the biometric entry
and exit data system can be completed;
(ii) the actions the Secretary will
take to accelerate the full
implementation of the biometric entry
and exit data system at all ports of
entry through which all aliens must
pass that are legally required to do
so; and
(iii) the resources and authorities
required to enable the Secretary to
meet the implementation date described
in clause (i);
(C) a description of any improvements
needed in the information technology employed
for the biometric entry and exit data system;
(D) a description of plans for improved or
added interoperability with any other databases
or data systems; and
(E) a description of the manner in which
the Department of Homeland Security's US-VISIT
program--
(i) meets the goals of a
comprehensive entry and exit screening
system, including both entry and exit
biometric; and
(ii) fulfills the statutory
obligations under subsection (b).
(d) Collection of Biometric Exit Data.--The entry and exit
data system shall include a requirement for the collection of
biometric exit data for all categories of individuals who are
required to provide biometric entry data, regardless of the
port of entry where such categories of individuals entered the
United States.
(e) Integration and Interoperability.--
(1) Integration of data system.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall fullyintegrate all databases and data
systems that process or contain information on aliens, which are
maintained by--
(A) the Department of Homeland Security,
at--
(i) the United States Immigration
and Customs Enforcement;
(ii) the United States Customs and
Border Protection; and
(iii) the United States Citizenship
and Immigration Services;
(B) the Department of Justice, at the
Executive Office for Immigration Review; and
(C) the Department of State, at the Bureau
of Consular Affairs.
(2) Interoperable component.--The fully integrated
data system under paragraph (1) shall be an
interoperable component of the entry and exit data
system.
(3) Interoperable data system.--Not later than 2
years after the date of enactment of this Act, the
Secretary shall fully implement an interoperable
electronic data system, as required by section 202 of
the Enhanced Border Security and Visa Entry Reform Act
(8 U.S.C. 1722) to provide current and immediate access
to information in the databases of Federal law
enforcement agencies and the intelligence community
that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of
an alien.
(f) Maintaining Accuracy and Integrity of Entry and Exit
Data System.--
(1) Policies and procedures.--
(A) Establishment.--The Secretary of
Homeland Security shall establish rules,
guidelines, policies, and operating and
auditing procedures for collecting, removing,
and updating data maintained in, and adding
information to, the entry and exit data system
that ensure the accuracy and integrity of the
data.
(B) Training.--The Secretary shall develop
training on the rules, guidelines, policies,
and procedures established under subparagraph
(A), and on immigration law and procedure. All
personnel authorized to access information
maintained in the databases and data system
shall receive such training.
(2) Data collected from foreign nationals.--The
Secretary of Homeland Security, the Secretary of State,
and the Attorney General, after consultation with
directors of the relevant intelligence agencies, shall
standardize the information and data collected from
foreign nationals, and the procedures utilized to
collect such data, to ensure that the information is
consistent and valuable to officials accessing that
data across multiple agencies.
(3) Data maintenance procedures.--Heads of agencies
that have databases or data systems linked to the entry
and exit data system shall establish rules, guidelines,
policies, and operating and auditing procedures for
collecting, removing, and updating data maintained in,
and adding information to, such databases or data
systems that ensure the accuracy and integrity of the
data and for limiting access to the information in the
databases or data systems to authorized personnel.
(4) Requirements.--The rules, guidelines, policies,
and procedures established under this subsection
shall--
(A) incorporate a simple and timely method
for--
(i) correcting errors in a timely
and effective manner;
(ii) determining which government
officer provided data so that the
accuracy of the data can be
ascertained; and
(iii) clarifying information known
to cause false hits or
misidentification errors;
(B) include procedures for individuals to--
(i) seek corrections of data
contained in the databases or data
systems; and
(ii) appeal decisions concerning
data contained in the databases or data
systems;
(C) strictly limit the agency personnel
authorized to enter data into the system;
(D) identify classes of information to be
designated as temporary or permanent entries,
with corresponding expiration dates for
temporary entries; and
(E) identify classes of prejudicial
information requiring additional authority of
supervisory personnel before entry.
(5) Centralizing and streamlining correction
process.--
(A) In general.--The President, or agency
director designated by the President, shall
establish a clearinghouse bureau in the
Department of Homeland Security, to centralize
and streamline the process through which
members of the public can seek corrections to
erroneous or inaccurate information contained
in agency databases, which is related to
immigration status, or which otherwise impedes
lawful admission to the United States.
(B) Time schedules.--The process described
in subparagraph (A) shall include specific time
schedules for reviewing data correction
requests, rendering decisions on such requests,
and implementing appropriate corrective action
in a timely manner.
(g) Integrated Biometric Entry-Exit Screening System.--The
biometric entry and exit data system shall facilitate efficient
immigration benefits processing by--
(1) ensuring that the system's tracking
capabilities encompass data related to all immigration
benefits processing, including--
(A) visa applications with the Department
of State;
(B) immigration related filings with the
Department of Labor;
(C) cases pending before the Executive
Office for Immigration Review; and
(D) matters pending or under investigation
before the Department of Homeland Security;
(2) utilizing a biometric based identity number
tied to an applicant's biometric algorithm established
under the entry and exit data system to track all
immigration related matters concerning the applicant;
(3) providing that--
(A) all information about an applicant's
immigration related history, including entry
and exit history, can be queried through
electronic means; and
(B) database access and usage guidelines
include stringent safeguards to prevent misuse
of data;
(4) providing real-time updates to the information
described in paragraph (3)(A), including pertinent data
from all agencies referred to in paragraph (1); and
(5) providing continuing education in
counterterrorism techniques, tools, and methods for all
Federal personnel employed in the evaluation of
immigration documents and immigration-related policy.
(h) Entry-Exit System Goals.--The Department of Homeland
Security shall operate the biometric entry and exit system so
that it--
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a
welcoming manner;
(3) provides inspectors and related personnel with
adequate real-time information;
(4) ensures flexibility of training and security
protocols to most effectively comply with security
mandates;
(5) integrates relevant databases and plans for
database modifications to address volume increase and
database usage; and
(6) improves database search capacities by
utilizing language algorithms to detect alternate
names.
(i) Dedicated Specialists and Front Line Personnel
Training.--In implementing the provisions of subsections (g)
and (h), the Department of Homeland Security and the Department
of State shall--
(1) develop cross-training programs that focus on
the scope and procedures of the entry and exit data
system;
(2) provide extensive community outreach and
education on the entry and exit data system's
procedures;
(3) provide clear and consistent eligibility
guidelines for applicants in low-risk traveler
programs; and
(4) establish ongoing training modules on
immigration law to improve adjudications at our ports
of entry, consulates, and embassies.
(j) Compliance Status Reports.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, the Secretary of State, the Attorney General, and the
head of any other department or agency subject to the
requirements of this section, shall issue individual status
reports and a joint status report detailing the compliance of
the department or agency with each requirement under this
section.
(k) Expediting Registered Travelers Across International
Borders.--
(1) Findings.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the
United States, Congress makes the following findings:
(A) Expediting the travel of previously
screened and known travelers across the borders
of the United States should be a high priority.
(B) The process of expediting known
travelers across the borders of the United
States can permit inspectors to better focus on
identifying terrorists attempting to enter the
United States.
(2) Definition.--In this subsection, the term
``registered traveler program'' means any program
designed to expedite the travel of previously screened
and known travelers across the borders of the United
States.
(3) Registered travel program.--
(A) In general.--As soon as is practicable,
the Secretary shall develop and implement a
registered traveler program to expedite the
processing of registered travelers who enter
and exit the United States.
(B) Participation.--The registered traveler
program shall include as many participants as
practicable by--
(i) minimizing the cost of
enrollment;
(ii) making program enrollment
convenient and easily accessible; and
(iii) providing applicants with
clear and consistent eligibility
guidelines.
(C) Integration.--The registered traveler
program shall be integrated into the automated
biometric entry and exit data system described
in this section.
(D) Review and evaluation.--In developing
the registered traveler program, the Secretary
shall--
(i) review existing programs or
pilot projects designed to expedite the
travel of registered travelers across
the borders of the United States;
(ii) evaluate the effectiveness of
the programs described in clause (i),
the costs associated with such
programs, and the costs to travelers to
join such programs;
(iii) increase research and
development efforts to accelerate the
development and implementation of a
single registered traveler program; and
(iv) review the feasibility of
allowing participants to enroll in the
registered traveler program at consular
offices.
(4) Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the Department's progress
on the development and implementation of the registered
traveler program.
(l) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of the fiscal
years 2005 through 2009, such sums as may be necessary to carry
out the provisions of this section.
SEC. 7209. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Existing procedures allow many individuals to
enter the United States by showing minimal
identification or without showing any identification.
(2) The planning for the terrorist attacks of
September 11, 2001, demonstrates that terrorists study
and exploit United States vulnerabilities.
(3) Additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State,
shall develop and implement a plan as expeditiously as
possible to require a passport or other document, or
combination of documents, deemed by the Secretary of
Homeland Security to be sufficient to denote identity
and citizenship, for all travel into the United States
by United States citizens and by categories of
individuals for whom documentation requirements have
previously been waived under section 212(d)(4)(B) of
the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)). This plan shall be implemented not
later than January 1, 2008, and shall seek to expedite
the travel of frequent travelers, including those who
reside in border communities, and in doing so, shall
make readily available a registered traveler program
(as described in section 7208(k)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United
States citizens, and categories of individuals for whom
documentation requirements have previously been waived
under section 212(d)(4)(B) of such Act, to carry and
produce the documentation described in paragraph (1)
when traveling from foreign countries into the United
States.
(c) Technical and Conforming Amendments.--After the
complete implementation of the plan described in subsection
(b)--
(1) neither the Secretary of State nor the
Secretary of Homeland Security may exercise discretion
under section 212(d)(4)(B) of such Act to waive
documentary requirements for travel into the United
States; and
(2) the President may not exercise discretion under
section 215(b) of such Act (8 U.S.C. 1185(b)) to waive
documentary requirements for United States citizens
departing from or entering, or attempting to depart
from or enter, the United States except--
(A) where the Secretary of Homeland
Security determines that the alternative
documentation that is the basis for the waiver
of the documentary requirement is sufficient to
denote identity and citizenship;
(B) in the case of an unforeseen emergency
in individual cases; or
(C) in the case of humanitarian or national
interest reasons in individual cases.
(d) Transit Without Visa Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until the Secretary, in conjunction
with the Secretary of Homeland Security, completely implements
a security plan to fully ensure secure transit passage areas to
prevent aliens proceeding in immediate and continuous transit
through the United States from illegally entering the United
States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The exchange of terrorist information with
other countries, consistent with privacy requirements,
along with listings of lost and stolen passports, will
have immediate security benefits.
(2) The further away from the borders of the United
States that screening occurs, the more security
benefits the United States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Government should exchange
terrorist information with trusted allies;
(2) the Federal Government should move toward real-
time verification of passports with issuing
authorities;
(3) where practicable, the Federal Government
should conduct screening before a passenger departs on
a flight destined for the United States;
(4) the Federal Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the Federal Government should work with other
countries to improve passport standards and provide
foreign assistance to countries that need help making
the transition to the global standard for
identification; and
(6) the Department of Homeland Security, in
coordination with the Department of State and other
Federal agencies, should implement the initiatives
called for in this subsection.
(c) Report Regarding the Exchange of Terrorist
Information.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State
and the Secretary of Homeland Security, working with
other Federal agencies, shall submit to the appropriate
committees of Congress a report on Federal efforts to
collaborate with allies of the United States in the
exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such
collaboration and cooperation;
(B) progress made in screening passengers
before their departure to the United States;
and
(C) efforts to work with other countries to
accomplish the goals described under this
section.
(d) Preinspection at Foreign Airports.--
(1) In general.--Section 235A(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1225a(a)(4))
is amended to read as follows:
``(4) Subject to paragraph (5), not later than
January 1, 2008, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall
establish preinspection stations in at least 25
additional foreign airports, which the Secretary of
Homeland Security, in consultation with the Secretary
of State, determines, based on the data compiled under
paragraph (3) and such other information as may be
available, would most effectively facilitate the travel
of admissible aliens and reduce the number of
inadmissible aliens, especially aliens who are
potential terrorists, who arrive from abroad by air at
points of entry within the United States. Such
preinspection stations shall be in addition to those
established before September 30, 1996, or pursuant to
paragraph (1).''.
(2) Report.--Not later than June 30, 2006, the
Secretary of Homeland Security and the Secretary of
State shall submit a report on the progress being made
in implementing the amendment made by paragraph (1)
to--
(A) the Committee on the Judiciary of the
Senate;
(B) the Committee on the Judiciary of the
House of Representatives;
(C) the Committee on Foreign Relations of
the Senate;
(D) the Committee on International
Relations of the House of Representatives;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(F) the Select Committee on Homeland
Security of the House of Representatives (or
any successor committee).
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
(a) Definition.--In this section, the term ``birth
certificate'' means a certificate of birth--
(1) for an individual (regardless of where born)--
(A) who is a citizen or national of the
United States at birth; and
(B) whose birth is registered in the United
States; and
(2) that--
(A) is issued by a Federal, State, or local
government agency or authorized custodian of
record and produced from birth records
maintained by such agency or custodian of
record; or
(B) is an authenticated copy, issued by a
Federal, State, or local government agency or
authorized custodian of record, of an original
certificate of birth issued by such agency or
custodian of record.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--Beginning 2 years after the
promulgation of minimum standards under paragraph (3),
no Federal agency may accept a birth certificate for
any official purpose unless the certificate conforms to
such standards.
(2) State certification.--
(A) In general.--Each State shall certify
to the Secretary of Health and Human Services
that the State is in compliance with the
requirements of this section.
(B) Frequency.--Certifications under
subparagraph (A) shall be made at such
intervals and in such a manner as the Secretary
of Health and Human Services, with the
concurrence of the Secretary of Homeland
Security and the Commissioner of Social
Security, may prescribe by regulation.
(C) Compliance.--Each State shall ensure
that units of local government and other
authorized custodians of records in the State
comply with this section.
(D) Audits.--The Secretary of Health and
Human Services may conduct periodic audits of
each State's compliance with the requirements
of this section.
(3) Minimum standards.--Not later than 1 year after
the date of enactment of this Act, the Secretary of
Health and Human Services shall by regulation establish
minimum standards for birth certificates for use by
Federal agencies for official purposes that--
(A) at a minimum, shall require
certification of the birth certificate by the
State or local government custodian of record
that issued the certificate, and shall require
the use of safety paper or an alternative,
equally secure medium, the seal of the issuing
custodian of record, and other features
designed to prevent tampering, counterfeiting,
or otherwise duplicating the birth certificate
for fraudulent purposes;
(B) shall establish requirements for proof
and verification of identity as a condition of
issuance of a birth certificate, with
additional security measures for the issuance
of a birth certificate for a person who is not
the applicant;
(C) shall establish standards for the
processing of birth certificate applications to
prevent fraud;
(D) may not require a single design to
which birth certificates issued by all States
must conform; and
(E) shall accommodate the differences
between the States in the manner and form in
which birth records are stored and birth
certificates are produced from such records.
(4) Consultation with government agencies.--In
promulgating the standards required under paragraph
(3), the Secretary of Health and Human Services shall
consult with--
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
(5) Extension of effective date.--The Secretary of
Health and Human Services may extend the date specified
under paragraph (1) for up to 2 years for birth
certificates issued by a State if the Secretary
determines that the State made reasonable efforts to
comply with the date under paragraph (1) but was unable
to do so.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--
(A) In general.--Beginning on the date a
final regulation is promulgated under
subsection (b)(3), the Secretary of Health and
Human Services shall award grants to States to
assist them in conforming to the minimum
standards for birth certificates set forth in
the regulation.
(B) Allocation of grants.--The Secretary
shall award grants to States under this
paragraph based on the proportion that the
estimated average annual number of birth
certificates issued by a State applying for a
grant bears to the estimated average annual
number of birth certificates issued by all
States.
(C) Minimum allocation.--Notwithstanding
subparagraph (B), each State shall receive not
less than 0.5 percent of the grant funds made
available under this paragraph.
(2) Assistance in matching birth and death
records.--
(A) In general.--The Secretary of Health
and Human Services, in coordination with the
Commissioner of Social Security and other
appropriate Federal agencies, shall award
grants to States, under criteria established by
the Secretary, to assist States in--
(i) computerizing their birth and
death records;
(ii) developing the capability to
match birth and death records within
each State and among the States; and
(iii) noting the fact of death on
the birth certificates of deceased
persons.
(B) Allocation of grants.--The Secretary
shall award grants to qualifying States under
this paragraph based on the proportion that the
estimated annual average number of birth and
death records created by a State applying for a
grant bears to the estimated annual average
number of birth and death records originated by
all States.
(C) Minimum allocation.--Notwithstanding
subparagraph (B), each State shall receive not
less than 0.5 percent of the grant funds made
available under this paragraph.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to carry
out this section.
(e) Technical and Conforming Amendment.--Section 656 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (5 U.S.C. 301 note) is repealed.
SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
(a) Definitions.--In this section:
(1) Driver's license.--The term ``driver's
license'' means a motor vehicle operator's license as
defined in section 30301(5) of title 49, United States
Code.
(2) Personal identification card.--The term
``personal identification card'' means an
identification document (as defined in section
1028(d)(3) of title 18, United States Code) issued by a
State.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--
(A) Limitation on acceptance.--No Federal
agency may accept, for any official purpose, a
driver's license or personal identification
card newly issued by a State more than 2 years
after the promulgation of the minimum standards
under paragraph (2) unless the driver's license
or personal identification card conforms to
such minimum standards.
(B) Date for conformance.--The Secretary of
Transportation, in consultation with the
Secretary of Homeland Security, shall establish
a date after which no driver's license or
personal identification card shall be accepted
by a Federal agency for any official purpose
unless such driver's license or personal
identification card conforms to the minimum
standards established under paragraph (2). The
date shall be as early as the Secretary
determines it is practicable for the States to
comply with such date with reasonable efforts.
(C) State certification.--
(i) In general.--Each State shall
certify to the Secretary of
Transportation that the State is in
compliance with the requirements of
this section.
(ii) Frequency.--Certifications
under clause (i) shall be made at such
intervals and in such a manner as the
Secretary of Transportation, with the
concurrence of the Secretary of
Homeland Security, may prescribe by
regulation.
(iii) Audits.--The Secretary of
Transportation may conduct periodic
audits of each State's compliance with
the requirements of this section.
(2) Minimum standards.--Not later than 18 months
after the date of enactment of this Act, the Secretary
of Transportation, in consultation with the Secretary
of Homeland Security, shall by regulation, establish
minimum standards for driver's licenses or personal
identification cards issued by a State for use by
Federal agencies for identification purposes that shall
include--
(A) standards for documentation required as
proof of identity of an applicant for a
driver's license or personal identification
card;
(B) standards for the verifiability of
documents used to obtain a driver's license or
personal identification card;
(C) standards for the processing of
applications for driver's licenses and personal
identification cards to prevent fraud;
(D) standards for information to be
included on each driver's license or personal
identification card, including--
(i) the person's full legal name;
(ii) the person's date of birth;
(iii) the person's gender;
(iv) the person's driver's license
or personal identification card number;
(v) a digital photograph of the
person;
(vi) the person's address of
principal residence; and
(vii) the person's signature;
(E) standards for common machine-readable
identity information to be included on each
driver's license or personal identification
card, including defined minimum data elements;
(F) security standards to ensure that
driver's licenses and personal identification
cards are--
(i) resistant to tampering,
alteration, or counterfeiting; and
(ii) capable of accommodating and
ensuring the security of a digital
photograph or other unique identifier;
and
(G) a requirement that a State confiscate a
driver's license or personal identification
card if any component or security feature of
the license or identification card is
compromised.
(3) Content of regulations.--The regulations
required by paragraph (2)--
(A) shall facilitate communication between
the chief driver licensing official of a State,
an appropriate official of a Federal agency and
other relevant officials, to verify the
authenticity of documents, as appropriate,
issued by such Federal agency or entity and
presented to prove the identity of an
individual;
(B) may not infringe on a State's power to
set criteria concerning what categories of
individuals are eligible to obtain a driver's
license or personal identification card from
that State;
(C) may not require a State to comply with
any such regulation that conflicts with or
otherwise interferes with the full enforcement
of State criteria concerning the categories of
individuals that are eligible to obtain a
driver's license or personal identification
card from that State;
(D) may not require a single design to
which driver's licenses or personal
identification cards issued by all States must
conform; and
(E) shall include procedures and
requirements to protect the privacy rights of
individuals who apply for and 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.
(C) 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 shall include
an assessment of the benefits and costs
of the recommendation; and
(ii) a final rule is promulgated
not later than 18 months after the date
of enactment of this Act.
(c) 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. 7213. SOCIAL SECURITY CARDS AND NUMBERS.
(a) Security Enhancements.--The Commissioner of Social
Security shall--
(1) not later than 1 year after the date of
enactment of this Act--
(A) restrict the issuance of multiple
replacement social security cards to any
individual to 3 per year and 10 for the life of
the individual, except that the Commissioner
may allow for reasonable exceptions from the
limits under this paragraph on a case-by-case
basis in compelling circumstances;
(B) establish minimum standards for the
verification of documents or records submitted
by an individual to establish eligibility for
an original or replacement social security
card, other than for purposes of enumeration at
birth; and
(C) require independent verification of any
birth record submitted by an individual to
establish eligibility for a social security
account number, other than for purposes of
enumeration at birth, except that the
Commissioner may allow for reasonable
exceptions from the requirement for independent
verification under this subparagraph on a case
by case basis in compelling circumstances; and
(2) notwithstanding section 205(r) of the Social
Security Act (42 U.S.C. 405(r)) and any agreement
entered into thereunder, not later than 18 months after
the date of enactment of this Act with respect to death
indicators and not later than 36 months after the date
of enactment of this Act with respect to fraud
indicators, add death and fraud indicators to the
social security number verification systems for
employers, State agencies issuing driver's licenses and
identity cards, and other verification routines that
the Commissioner determines to be appropriate.
(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 18 months after the date of enactment
of this Act, the task force shall establish, and the
Commissioner shall provide for the implementation of, 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.
(c) Enumeration at Birth.--
(1) Improvement of application process.--As soon as
practicable after the date of enactment of this Act,
the Commissioner of Social Security shall undertake to
make improvements to the enumeration at birth program
for the issuance of social security account numbers to
newborns. Such improvements shall be designed to
prevent--
(A) the assignment of social security
account numbers to unnamed children;
(B) the issuance of more than 1 social
security account number to the same child; and
(C) other opportunities for fraudulently
obtaining a social security account number.
(2) Report to congress.--Not later than 1 year
after the date of enactment of this Act, the
Commissioner shall transmit to each House of Congress a
report specifying in detail the extent to which the
improvements required under paragraph (1) have been
made.
(d) Study Regarding Process for Enumeration at Birth.--
(1) In general.--As soon as practicable after the
date of enactment of this Act, the Commissioner of
Social Security shall conduct a study to determine the
most efficient options for ensuring the integrity of
the process for enumeration at birth. This study shall
include an examination of available methods for
reconciling hospital birth records with birth
registrations submitted to agencies of States and
political subdivisions thereof and with information
provided to the Commissioner as part of the process for
enumeration at birth.
(2) Report.--
(A) In general.--Not later than 18 months
after the date of enactment of this Act, the
Commissioner shall submit a report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate regarding the results of the study
conducted under paragraph (1).
(B) Contents.--The report submitted under
subparagraph (A) shall contain such
recommendations for legislative changes as the
Commissioner considers necessary to implement
needed improvements in the process for
enumeration at birth.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Commissioner of Social Security for
each of the fiscal years 2005 through 2009, such sums as may be
necessary to carry out this section.
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT
NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE
REGISTRATIONS.
(a) In General.--Section 205(c)(2)(C)(vi) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting ``(I)'' after ``(vi)''; and
(2) by adding at the end the following new
subclause:
``(II) Any State or political subdivision thereof (and any
person acting as an agent of such an agency or
instrumentality), in the administration of any driver's license
or motor vehicle registration law within its jurisdiction, may
not display a social security account number issued by the
Commissioner of Social Security (or any derivative of such
number) on any driver's license, motor vehicle registration, or
personal identification card (as defined in section 7212(a)(2)
of the 9/11 Commission Implementation Act of 2004), or include,
on any such license, registration, or personal identification
card, a magnetic strip, bar code, or other means of
communication which conveys such number (or derivative
thereof).''.
(b) Effective Date.--The amendment made by subsection
(a)(2) shall apply with respect to licenses, registrations, and
identification cards issued or reissued 1 year after the date
of enactment of this Act.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Commissioner of Social Security for
each of the fiscal years 2005 through 2009, such sums as may be
necessary to carry out this section.
SEC. 7215. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with
the Director of the National Counterterrorism Center, and
consistent with the strategy developed under section 7201,
shall establish a program to oversee the implementation of the
Department's responsibilities with respect to terrorist travel,
including the analysis, coordination, and dissemination of
terrorist travel intelligence and operational information--
(1) among appropriate subdivisions of the
Department of Homeland Security, including--
(A) the Bureau of Customs and Border
Protection;
(B) United States Immigration and Customs
Enforcement;
(C) United States Citizenship and
Immigration Services;
(D) the Transportation Security
Administration; and
(E) any other subdivision, as determined by
the Secretary; and
(2) between the Department of Homeland Security and
other appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
Section 1028(b)(4) of title 18, United States Code, is
amended by striking ``25 years'' and inserting ``30 years''.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) In General.--Not later than May 31, 2005, the Secretary
of State, in consultation with the Secretary of Homeland
Security, shall submit a report, containing the results of a
study on the subjects described in subsection (b), to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Foreign Relations of the
Senate;
(4) the Committee on International Relations of the
House of Representatives;
(5) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(6) the Select Committee on Homeland Security of
the House of Representatives (or any successor
committee).
(b) Contents.--The study referred to in subsection (a)
shall examine the feasibility, cost, potential benefits, and
relative importance to the objectives of tracking suspected
terrorists' travel, and apprehending suspected terrorists, of
establishing a system, in coordination with other countries,
through which border and visa issuance officials have access in
real-time to information on newly issued passports to persons
whose previous passports were allegedly lost or stolen.
(c) Incentives.--The study described in subsection (b)
shall make recommendations on incentives that might be offered
to encourage foreign nations to participate in the initiatives
described in subsection (b).
SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE
DEPARTMENT OF STATE.
(a) Establishment.--There is established, within the Bureau
of Diplomatic Security of the Department of State, the Visa and
Passport Security Program (in this section referred to as the
``Program'').
(b) Preparation of Strategic Plan.--
(1) In general.--The Assistant Secretary for
Diplomatic Security, in coordination with the
appropriate officials of the Bureau of Consular
Affairs, the coordinator for counterterrorism, the
National Counterterrorism Center, and the Department of
Homeland Security, and consistent with the strategy
mandated by section 7201, shall ensure the preparation
of a strategic plan to target and disrupt individuals
and organizations, within the United States and in
foreign countries, that are involved in the fraudulent
production, distribution, use, or other similar
activity--
(A) of a United States visa or United
States passport;
(B) of documents intended to help
fraudulently procure a United States visa or
United States passport, or other documents
intended to gain unlawful entry into the United
States; or
(C) of passports and visas issued by
foreign countries intended to gain unlawful
entry into the United States.
(2) Emphasis.--The strategic plan shall--
(A) focus particular emphasis on
individuals and organizations that may have
links to domestic terrorist organizations or
foreign terrorist organizations (as such term
is defined in section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189));
(B) require the development of a strategic
training course under the Antiterrorism
Assistance Training (ATA) program of the
Department of State (or any successor or
related program) under chapter 8 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa et seq.) (or other relevant provisions
of law) to train participants in the
identification of fraudulent documents and the
forensic detection of such documents which may
be used to obtain unlawful entry into the
United States; and
(C) determine the benefits and costs of
providing technical assistance to foreign
governments to ensure the security of
passports, visas, and related documents and to
investigate, arrest, and prosecute individuals
who facilitate travel by the creation of false
passports and visas, documents to obtain such
passports and visas, and other types of travel
documents.
(c) Program.--
(1) Individual in charge.--
(A) Designation.--The Assistant Secretary
for Diplomatic Security shall designate an
individual to be in charge of the Program.
(B) Qualification.--The individual
designated under subparagraph (A) shall have
expertise and experience in the investigation
and prosecution of visa and passport fraud.
(2) Program components.--The Program shall include
the following:
(A) Analysis of methods.--Analyze, in
coordination with other appropriate government
agencies, methods used by terrorists to travel
internationally, particularly the use of false
or altered travel documents to illegally enter
foreign countries and the United States, and
consult with the Bureau of Consular Affairs and
the Secretary of Homeland Security on
recommended changes to the visa issuance
process that could combat such methods,
including the introduction of new technologies
into such process.
(B) Identification of individuals and
documents.--Identify, in cooperation with the
Human Trafficking and Smuggling Center,
individuals who facilitate travel by the
creation of false passports and visas,
documents used to obtain such passports and
visas, and other types of travel documents, and
ensure that the appropriate agency is notified
for further investigation and prosecution or,
in the case of such individuals abroad for
which no further investigation or prosecution
is initiated, ensure that all appropriate
information is shared with foreign governments
in order to facilitate investigation, arrest,
and prosecution of such individuals.
(C) Identification of foreign countries
needing assistance.--Identify foreign countries
that need technical assistance, such as law
reform, administrative reform, prosecutorial
training, or assistance to police and other
investigative services, to ensure passport,
visa, and related document security and to
investigate, arrest, and prosecute individuals
who facilitate travel by the creation of false
passports and visas, documents used to obtain
such passports and visas, and other types of
travel documents.
(D) Inspection of applications.--Randomly
inspect visa and passport applications for
accuracy, efficiency, and fraud, especially at
high terrorist threat posts, in order to
prevent a recurrence of the issuance of visas
to those who submit incomplete, fraudulent, or
otherwise irregular or incomplete applications.
(d) Report.--Not later than 90 days after the date on which
the strategy required under section 7201 is submitted to
Congress, the Assistant Secretary for Diplomatic Security shall
submit to Congress a report containing--
(1) a description of the strategic plan prepared
under subsection (b); and
(2) an evaluation of the feasibility of
establishing civil service positions in field offices
of the Bureau of Diplomatic Security to investigate
visa and passport fraud, including an evaluation of
whether to allow diplomatic security agents to convert
to civil service officers to fill such positions.
SEC. 7219. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this
subtitle shall take effect on the date of enactment of this
Act.
SEC. 7220. IDENTIFICATION STANDARDS.
(a) Proposed Standards.--
(1) In general.--The Secretary of Homeland
Security--
(A) shall propose minimum standards for
identification documents required of domestic
commercial airline passengers for boarding an
aircraft; and
(B) may, from time to time, propose minimum
standards amending or replacing standards
previously proposed and transmitted to Congress
and approved under this section.
(2) Submission to congress.--Not later than 6
months after the date of enactment of this Act, the
Secretary shall submit the standards under paragraph
(1)(A) to the Senate and the House of Representatives
on the same day while each House is in session.
(3) Effective date.--Any proposed standards
submitted to Congress under this subsection shall take
effect when an approval resolution is passed by the
House and the Senate under the procedures described in
subsection (b) and becomes law.
(b) Congressional Approval Procedures.--
(1) Rulemaking power.--This subsection is enacted
by Congress--
(A) as an exercise of the rulemaking power
of the Senate and the House of Representatives,
respectively, and as such they are deemed a
part of the rules of each House, respectively,
but applicable only with respect to the
procedure to be followed in that House in the
case of such approval resolutions; and it
supersedes other rules only to the extent that
they are inconsistent therewith; and
(B) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
(2) Approval resolution.--For the purpose of this
subsection, the term ``approval resolution'' means a
joint resolution of Congress, the matter after the
resolving clause of which is as follows: ``That the
Congress approves the proposed standards issued under
section 7220 of the 9/11 Commission Implementation Act
of 2004, transmitted by the President to the Congress
on ______'', the blank space being filled in with the
appropriate date.
(3) Introduction.--Not later than the first day of
session following the day on which proposed standards
are transmitted to the House of Representatives and the
Senate under subsection (a), an approval resolution--
(A) shall be introduced (by request) in the
House by the Majority Leader of the House of
Representatives, for himself or herself and the
minority leader of the House of
Representatives, or by Members of the House of
Representatives designated by the Majority
Leader and Minority Leader of the House; and
(B) shall be introduced (by request) in the
Senate by the Majority Leader of the Senate,
for himself or herself and the Minority Leader
of the Senate, or by Members of the Senate
designated by the Majority Leader and Minority
Leader of the Senate.
(4) Prohibitions.--
(A) Amendments.--No amendment to an
approval resolution shall be in order in either
the House of Representatives or the Senate.
(B) Motions to suspend.--No motion to
suspend the application of this paragraph shall
be in order in either House, nor shall it be in
order in either House for the Presiding Officer
to entertain a request to suspend the
application of this paragraph by unanimous
consent.
(5) Referral.--
(A) In general.--An approval resolution
shall be referred to the committees of the
House of Representatives and of the Senate with
jurisdiction. Each committee shall make its
recommendations to the House of Representatives
or the Senate, as the case may be, within 45
days after its introduction. Except as provided
in subparagraph (B), if a committee to which an
approval resolution has been referred has not
reported it at the close of the 45th day after
its introduction, such committee shall be
automatically discharged from further
consideration of the resolution and it shall be
placed on the appropriate calendar.
(B) Final passage.--A vote on final passage
of the resolution shall be taken in each House
on or before the close of the 15th day after
the resolution is reported by the committee or
committees of that House to which it was
referred, or after such committee or committees
have been discharged from further consideration
of the resolution.
(C) Computation of days.--For purposes of
this paragraph, in computing a number of days
in either House, there shall be excluded any
day on which that House is not in session.
(6) Coordination with action of other house.--If
prior to the passage by one House of an approval
resolution of that House, that House receives the same
approval resolution from the other House, then the
procedure in that House shall be the same as if no
approval resolution has been received from the other
House, but the vote on final passage shall be on the
approval resolution of the other House.
(7) Floor consideration in the house of
representatives.--
(A) Motion to proceed.--A motion in the
House of Representatives to proceed to the
consideration of an approval resolution shall
be highly privileged and not debatable. An
amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or
disagreed to.
(B) Debate.--Debate in the House of
Representatives on an implementing bill or
approval resolution shall be limited to not
more than 4 hours, which shall be divided
equally between those favoring and those
opposing the resolution. A motion to further
limit debate shall not be debatable. It shall
not be in order to move to recommit an approval
resolution or to move to reconsider the vote by
which an approval resolution is agreed to or
disagreed to.
(C) Motion to postpone.--Motions to
postpone made in the House of Representatives
with respect to the consideration of an
approval resolution and motions to proceed to
the consideration of other business shall be
decided without debate.
(D) Appeals.--All appeals from the
decisions of the Chair relating to the
application of the Rules of the House of
Representatives to the procedure relating to an
approval resolution shall be decided without
debate.
(E) Rules of the house of
representatives.--Except to the extent
specifically provided in subparagraphs (A)
through (D), consideration of an approval
resolution shall be governed by the Rules of
the House of Representatives applicable to
other resolutions in similar circumstances.
(8) Floor consideration in the Senate.--
(A) Motion to proceed.--A motion in the
Senate to proceed to the consideration of an
approval resolution shall be privileged and not
debatable. An amendment to the motion shall not
be in order, not shall it be in order to move
to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) Debate on resolution.--Debate in the
Senate on an approval resolution, and appeals
in connection therewith, shall be limited to
not more than 10 hours, which shall be equally
divided between, and controlled by, the
Majority Leader and the Minority Leader, or
their designees.
(C) Debate on motions and appeals.--Debate
in the Senate on any debatable motion or appeal
in connection with an approval resolution shall
be limited to not more than 1 hour, which shall
be equally divided between, and controlled by,
the mover and the manager of the resolution,
except that in the event the manager of the
resolution is in favor of any such motion or
appeal, the time in opposition thereto, shall
be controlled by the Minority Leader or
designee. Such leaders, or either of them, may,
from time under their control on the passage of
an approval resolution, allot additional time
to any Senator during the consideration of any
debatable motion or appeal.
(D) Limit on debate.--A motion in the
Senate to further limit debate is not
debatable. A motion to recommit an approval
resolution is not in order.
(c) Default Standards.--
(1) In general.--If the standards proposed under
subsection (a)(1)(A) are not approved pursuant to the
procedures described in subsection (b), then not later
than 1 year after rejection by a vote of either House
of Congress, domestic commercial airline passengers
seeking to board an aircraft shall present, for
identification purposes--
(A) a valid, unexpired passport;
(B) domestically issued documents that the
Secretary of Homeland Security designates as
reliable for identification purposes;
(C) any document issued by the Attorney
General or the Secretary of Homeland Security
under the authority of 1 of the immigration
laws (as defined under section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)); or
(D) a document issued by the country of
nationality of any alien not required to
possess a passport for admission to the United
States that the Secretary designates as
reliable for identifications purposes
(2) Exception.--The documentary requirements
described in paragraph (1)--
(A) shall not apply to individuals below
the age of 17, or such other age as determined
by the Secretary of Homeland Security;
(B) may be waived by the Secretary of
Homeland Security in the case of an unforeseen
medical emergency.
(d) Recommendation to Congress.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Homeland Security shall recommend to Congress--
(1) categories of Federal facilities that the
Secretary determines to be at risk for terrorist attack
and requiring minimum identification standards for
access to such facilities; and
(2) appropriate minimum identification standards to
gain access to those facilities.
Subtitle C--National Preparedness
SEC. 7301. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The attacks on September 11, 2001, demonstrated
that even the most robust emergency response
capabilities can be overwhelmed if an attack is large
enough.
(2) Teamwork, collaboration, and cooperation at an
incident site are critical to a successful response to
a terrorist attack.
(3) Key decisionmakers who are represented at the
incident command level help to ensure an effective
response, the efficient use of resources, and responder
safety.
(4) The incident command system also enables
emergency managers and first responders to manage,
generate, receive, evaluate, share, and use
information.
(5) Regular joint training at all levels is
essential to ensuring close coordination during an
actual incident.
(6) In Homeland Security Presidential Directive 5,
the President directed the Secretary of Homeland
Security to develop an incident command system, to be
known as the National Incident Management System
(NIMS), and directed all Federal agencies to make the
adoption of NIMS a condition for the receipt of Federal
emergency preparedness assistance by States,
territories, tribes, and local governments beginning in
fiscal year 2005.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States needs to implement the
recommendations of the National Commission on Terrorist
Attacks Upon the United States by adopting a unified
incident command system and significantly enhancing
communications connectivity between and among all
levels of government agencies, emergency response
providers (as defined in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101), and other
organizations with emergency response capabilities;
(2) the unified incident command system should
enable emergency managers and first responders to
manage, generate, receive, evaluate, share, and use
information in the event of a terrorist attack or a
significant national disaster;
(3) emergency response agencies nationwide should
adopt the Incident Command System known as NIMS;
(4) when multiple agencies or multiple
jurisdictions are involved, they should follow a
unified command system based on NIMS;
(5) the regular use of, and training in, NIMS by
States and, to the extent practicable, territories,
tribes, and local governments, should be a condition
for receiving Federal preparedness assistance; and
(6) the Secretary of Homeland Security should
require, as a further condition of receiving homeland
security preparedness funds from the Office of State
and Local Government Coordination and Preparedness,
that grant applicants document measures taken to fully
and aggressively implement the Incident Command System
and unified command procedures.
SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal
government.--The term ``authorized representative of
the Federal Government'' means any individual or
individuals designated by the President with respect to
the executive branch, the Chief Justice with respect to
the Federal judiciary, or the President of the Senate
and Speaker of the House of Representatives with
respect to Congress, or their designees, to request
assistance under a mutual aid agreement for an
emergency or public service event.
(2) Chief operating officer.--The term ``chief
operating officer'' means the official designated by
law to declare an emergency in and for the locality of
that chief operating officer.
(3) Emergency.--The term ``emergency'' means a
major disaster or emergency declared by the President,
or a state of emergency declared by the mayor of the
District of Columbia, the Governor of the State of
Maryland or the Commonwealth of Virginia, or the
declaration of a local emergency by the chief operating
officer of a locality, or their designees, that
triggers mutual aid under the terms of a mutual aid
agreement.
(4) Employee.--The term ``employee'' means the
employees of the party, including its agents or
authorized volunteers, who are committed in a mutual
aid agreement to prepare for or who respond to an
emergency or public service event.
(5) Locality.--The term ``locality'' means a
county, city, or town within the State of Maryland or
the Commonwealth of Virginia and within the National
Capital Region.
(6) Mutual aid agreement.--The term ``mutual aid
agreement'' means an agreement, authorized under
subsection (b), for the provision of police, fire,
rescue and other public safety and health or medical
services to any party to the agreement during a public
service event, an emergency, or pre-planned training
event.
(7) National capital region or region.--The term
``National Capital Region'' or ``Region'' means the
area defined under section 2674(f)(2) of title 10,
United States Code, and those counties with a border
abutting that area and any municipalities therein.
(8) Party.--The term ``party'' means the State of
Maryland, the Commonwealth of Virginia, the District of
Columbia, and any of the localities duly executing a
Mutual Aid Agreement under this section.
(9) Public service event.--The term ``public
service event''--
(A) means any undeclared emergency,
incident or situation in preparation for or
response to which the mayor of the District of
Columbia, an authorized representative of the
Federal Government, the Governor of the State
of Maryland, the Governor of the Commonwealth
of Virginia, or the chief operating officer of
a locality in the National Capital Region, or
their designees, requests or provides
assistance under a Mutual Aid Agreement within
the National Capital Region; and
(B) includes Presidential inaugurations,
public gatherings, demonstrations and protests,
and law enforcement, fire, rescue, emergency
health and medical services, transportation,
communications, public works and engineering,
mass care, and other support that require human
resources, equipment, facilities or services
supplemental to or greater than the requesting
jurisdiction can provide.
(10) State.--The term ``State'' means the State of
Maryland, the Commonwealth of Virginia, and the
District of Columbia.
(11) Training.--The term ``training'' means
emergency and public service event-related exercises,
testing, or other activities using equipment and
personnel to simulate performance of any aspect of the
giving or receiving of aid by National Capital Region
jurisdictions during emergencies or public service
events, such actions occurring outside actual emergency
or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The mayor of the District of
Columbia, any authorized representative of the Federal
Government, the Governor of the State of Maryland, the
Governor of the Commonwealth of Virginia, or the chief
operating officer of a locality, or their designees,
acting within his or her jurisdictional purview, may,
in accordance with State law, enter into, request or
provide assistance under mutual aid agreements with
localities, the Washington Metropolitan Area Transit
Authority, the Metropolitan Washington Airports
Authority, and any other governmental agency or
authority for--
(A) law enforcement, fire, rescue,
emergency health and medical services,
transportation, communications, public works
and engineering, mass care, and resource
support in an emergency or public service
event;
(B) preparing for, mitigating, managing,
responding to or recovering from any emergency
or public service event; and
(C) training for any of the activities
described under subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland
and the Commonwealth of Virginia are encouraged to
facilitate the ability of localities to enter into
interstate mutual aid agreements in the National
Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement
security operations at special events of
national significance under section 3056(e) of
title 18, United States Code, or other law
enforcement functions of the United States
Secret Service;
(B) does not diminish any authorities,
express or implied, of Federal agencies to
enter into mutual aid agreements in furtherance
of their Federal missions; and
(C) does not--
(i) preclude any party from
entering into supplementary Mutual Aid
Agreements with fewer than all the
parties, or with another party; or
(ii) affect any other agreement in
effect before the date of enactment of
this Act among the States and
localities, including the Emergency
Management Assistance Compact.
(4) Rights described.--Other than as described in
this section, the rights and responsibilities of the
parties to a mutual aid agreement entered into under
this section shall be as described in the mutual aid
agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may
purchase liability and indemnification insurance or
become self insured against claims arising under a
mutual aid agreement authorized under this section.
(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its
officers or employees rendering aid or failing to
render aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, under a mutual aid agreement
authorized under this section, and any party or its
officers or employees engaged in training activities
with another party under such a mutual aid agreement,
shall be liable on account of any act or omission of
its officers or employees while so engaged or on
account of the maintenance or use of any related
equipment, facilities, or supplies, but only to the
extent permitted under the laws and procedures of the
State of the party rendering aid.
(2) Actions.--Any action brought against a party or
its officers or employees on account of an act or
omission in the rendering of aid to the District of
Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, ora locality,
or failure to render such aid or on account of the maintenance or use
of any related equipment, facilities, or supplies may be brought only
under the laws and procedures of the State of the party rendering aid
and only in the Federal or State courts located therein. Actions
against the United States under this section may be brought only in
Federal courts.
(3) Immunities.--This section shall not abrogate
any other immunities from liability that any party has
under any other Federal or State law.
(e) Workers Compensation.--
(1) Compensation.--Each party shall provide for the
payment of compensation and death benefits to injured
members of the emergency forces of that party and
representatives of deceased members of such forces if
such members sustain injuries or are killed while
rendering aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, under a mutual aid agreement,
or engaged in training activities under a mutual aid
agreement, in the same manner and on the same terms as
if the injury or death were sustained within their own
jurisdiction.
(2) Other state law.--No party shall be liable
under the law of any State other than its own for
providing for the payment of compensation and death
benefits to injured members of the emergency forces of
that party and representatives of deceased members of
such forces if such members sustain injuries or are
killed while rendering aid to the District of Columbia,
the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a mutual
aid agreement or engaged in training activities under a
mutual aid agreement.
(f) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party
evidencing the meeting of qualifications for professional,
mechanical, or other skills and assistance is requested by a
receiving jurisdiction, such person will be deemed licensed,
certified, or permitted by the receiving jurisdiction to render
aid involving such skill to meet a public service event,
emergency or training for any such events.
SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS
INTEROPERABILITY.
(a) Coordination of Public Safety Interoperable
Communications Programs.--
(1) Program.--The Secretary of Homeland Security,
in consultation with the Secretary of Commerce and the
Chairman of the Federal Communications Commission,
shall establish a program to enhance public safety
interoperable communications at all levels of
government. Such program shall--
(A) establish a comprehensive national
approach to achieving public safety
interoperable communications;
(B) coordinate with other Federal agencies
in carrying out subparagraph (A);
(C) develop, in consultation with other
appropriate Federal agencies and State and
local authorities, appropriate minimum
capabilities for communications
interoperability for Federal, State, and local
public safety agencies;
(D) accelerate, in consultation with other
Federal agencies, including the National
Institute of Standards and Technology, the
private sector, and nationally recognized
standards organizations as appropriate, the
development of national voluntary consensus
standards for public safety interoperable
communications, recognizing--
(i) the value, life cycle, and
technical capabilities of existing
communications infrastructure;
(ii) the need for cross-border
interoperability between States and
nations;
(iii) the unique needs of small,
rural communities; and
(iv) the interoperability needs for
daily operations and catastrophic
events;
(E) encourage the development and
implementation of flexible and open
architectures incorporating, where possible,
technologies that currently are commercially
available, with appropriate levels of security,
for short-term and long-term solutions to
public safety communications interoperability;
(F) assist other Federal agencies in
identifying priorities for research,
development, and testing and evaluation with
regard to public safety interoperable
communications;
(G) identify priorities within the
Department of Homeland Security for research,
development, and testing and evaluation with
regard to public safety interoperable
communications;
(H) establish coordinated guidance for
Federal grant programs for public safety
interoperable communications;
(I) provide technical assistance to State
and local public safety agencies regarding
planning, acquisition strategies,
interoperability architectures, training, and
other functions necessary to achieve public
safety communications interoperability;
(J) develop and disseminate best practices
to improve public safety communications
interoperability; and
(K) develop appropriate performance
measures and milestones to systematically
measure the Nation's progress toward achieving
public safety communications interoperability,
including the development of national voluntary
consensus standards.
(2) Office for interoperability and
compatibility.--
(A) Establishment of office.--The Secretary
may establish an Office for Interoperability
and Compatibility within the Directorate of
Science and Technology to carry out this
subsection.
(B) Functions.--If the Secretary
establishes such office, the Secretary shall,
through such office--
(i) carry out Department of
Homeland Security responsibilities and
authorities relating to the SAFECOM
Program; and
(ii) carry out section 510 of the
Homeland Security Act of 2002, as added
by subsection (d).
(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry
out this subsection--
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall report to the
Congress on Department of Homeland Security plans for
accelerating the development of national voluntary consensus
standards for public safety interoperable communications, a
schedule of milestones for such development, and achievements
of such development.
(c) International Interoperability.--Not later than 18
months after the date of enactment of this Act, the President
shall establish a mechanism for coordinating cross-border
interoperability issues between--
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) High Risk Area Communications Capabilities.--Title V of
the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is
amended by adding at the end the following:
``SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the
Federal Communications Commission and the Secretary of Defense,
and with appropriate governors, mayors, and other State and
local government officials, shall provide technical guidance,
training, and other assistance, as appropriate, to support the
rapid establishment of consistent, secure, and effective
interoperable communications capabilities in the event of an
emergency in urban and other areas determined by the Secretary
to be at consistently high levels of risk from terrorist
attack.
``(b) Minimum Capabilities.--The interoperable
communications capabilities established under subsection (a)
shall ensure the ability of all levels of government agencies,
emergency response providers (as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101)), and other
organizations with emergency response capabilities--
``(1) to communicate with each other in the event
of an emergency; and
``(2) to have appropriate and timely access to the
Information Sharing Environment described in section
1016 of the National Security Intelligence Reform Act
of 2004.''.
(e) Multiyear Interoperability Grants.--
(1) Multiyear commitments.--In awarding grants to
any State, region, local government, or Indian tribe
for the purposes of enhancing interoperable
communications capabilities for emergency response
providers, the Secretary may commit to obligate Federal
assistance beyond the current fiscal year, subject to
the limitations and restrictions in this subsection.
(2) Restrictions.--
(A) Time limit.--No multiyear
interoperability commitment may exceed 3 years
in duration.
(B) Amount of committed funds.--The total
amount of assistance the Secretary has
committed to obligate for any future fiscal
year under paragraph (1) may not exceed
$150,000,000.
(3) Letters of intent.--
(A) Issuance.--Pursuant to paragraph (1),
the Secretary may issue a letter of intent to
an applicant committing to obligate from future
budget authority an amount, not more than the
Federal Government's share of the project's
cost, for an interoperability communications
project (including interest costs and costs of
formulating the project).
(B) Schedule.--A letter of intent under
this paragraph shall establish a schedule under
which the Secretary will reimburse the
applicant for the Federal Government's share of
the project's costs, as amounts become
available, if the applicant, after the
Secretary issues the letter, carries out the
project before receiving amounts under a grant
issued by the Secretary.
(C) Notice to secretary.--An applicant that
is issued a letter of intent under this
subsection shall notify the Secretary of the
applicant's intent to carry out a project
pursuant to the letter before the project
begins.
(D) Notice to congress.--The Secretary
shall transmit a written notification to the
Congress no later than 3 days before the
issuance of a letter of intent under this
section.
(E) Limitations.--A letter of intent issued
under this section is not an obligation of the
Government under section 1501 of title 31,
United States Code, and is not deemed to be an
administrative commitment for financing. An
obligation or administrative commitment may be
made only as amounts are provided in
authorization and appropriations laws.
(F) Statutory construction.--Nothing in
this subsection shall be construed--
(i) to prohibit the obligation of
amounts pursuant to a letter of intent
under this subsection in the same
fiscal year as the letter of intent is
issued; or
(ii) to apply to, or replace,
Federal assistance intended for
interoperable communications that is
not provided pursuant to a commitment
under this subsection.
(f) Interoperable Communications Plans.--Any applicant
requesting funding assistance from the Secretary for
interoperable communications for emergency response providers
shall submit an Interoperable Communications Plan to the
Secretary for approval. Such a plan shall--
(1) describe the current state of communications
interoperability in the applicable jurisdictions among
Federal, State, and local emergency response providers
and other relevant private resources;
(2) describe the available and planned use of
public safety frequency spectrum and resources for
interoperable communications within such jurisdictions;
(3) describe how the planned use of spectrum and
resources for interoperable communications is
compatible with surrounding capabilities and
interoperable communications plans of Federal, State,
and local governmental entities, military
installations, foreign governments, critical
infrastructure, and other relevant entities;
(4) include a 5-year plan for the dedication of
Federal, State, and local government and private
resources to achieve a consistent, secure, and
effective interoperable communications system,
including planning, system design and engineering,
testing and technology development, procurement and
installation, training, and operations and maintenance;
and
(5) describe how such 5-year plan meets or exceeds
any applicable standards and grant requirements
established by the Secretary.
(g) Definitions.--In this section:
(1) Interoperable communications.--The term
``interoperable communications'' means the ability of
emergency response providers and relevant Federal,
State, and local government agencies to communicate
with each other as necessary, through a dedicated
public safety network utilizing information technology
systems and radio communications systems, and to
exchange voice, data, or video with one another on
demand, in real time, as necessary.
(2) Emergency response providers.--The term
``emergency response providers'' has the meaning that
term has under section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101).
(h) Clarification of Responsibility for Interoperable
Communications.--
(1) Under secretary for emergency preparedness and
response.--Section 502(7) of the Homeland Security Act
of 2002 (6 U.S.C. 312(7)) is amended--
(A) by striking ``developing comprehensive
programs for developing interoperative
communications technology, and''; and
(B) by striking ``such'' and inserting
``interoperable communications''.
(2) Office for domestic preparedness.--Section
430(c) of such Act (6 U.S.C. 238(c)) is amended--
(A) in paragraph (7) by striking ``and''
after the semicolon;
(B) in paragraph (8) by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(9) helping to ensure the acquisition of
interoperable communication technology by State and
local governments and emergency response providers.''.
(i) Sense of Congress Regarding Interoperable
Communications.--
(1) Finding.--The Congress finds that--
(A) many first responders working in the
same jurisdiction or in different jurisdictions
cannot effectively and efficiently communicate
with one another; and
(B) their inability to do so threatens the
public's safety and may result in unnecessary
loss of lives and property.
(2) Sense of congress.--It is the sense of Congress
that interoperable emergency communications systems and
radios should continue to be deployed as soon as
practicable for use by the first responder community,
and that upgraded and new digital communications
systems and new digital radios must meet prevailing
national, voluntary consensus standards for
interoperability.
SEC. 7304. 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 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.
(c) Selection Criteria.--In selecting urban areas for the
location of pilot projects under this section, the Secretary
shall consider--
(1) the level of 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 Homeland
Security shall consult with the Secretary of Defense 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.
SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Private sector organizations own 85 percent of
the Nation's critical infrastructure and employ the
vast majority of the Nation's workers.
(2) Preparedness in the private sector and public
sector for rescue, restart and recovery of operations
should include, as appropriate--
(A) a plan for evacuation;
(B) adequate communications capabilities;
and
(C) a plan for continuity of operations.
(3) The American National Standards Institute
recommends a voluntary national preparedness standard
for the private sector based on the existing American
National Standard on Disaster/Emergency Management and
Business Continuity Programs (NFPA 1600), with
appropriate modifications. This standard establishes a
common set of criteria and terminology for
preparedness, disaster management, emergency
management, and business continuity programs.
(4) The mandate of the Department of Homeland
Security extends to working with the private sector, as
well as government entities.
(b) Sense of Congress on Private Sector Preparedness.--It
is the sense of Congress that the Secretary of Homeland
Security should promote, where appropriate, the adoption of
voluntary national preparedness standards such as the private
sector preparedness standard developed by the American National
Standards Institute and based on the National Fire Protection
Association 1600 Standard on Disaster/Emergency Management and
Business Continuity Programs.
SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress makes the following findings:
(1) Under section 201 of the Homeland Security Act
of 2002 (6 U.S.C 121), the Department of Homeland
Security, through the Under Secretary for Information
Analysis and Infrastructure Protection, has the
responsibility--
(A) to carry out comprehensive assessments
of the vulnerabilities of the key resources and
critical infrastructure of the United States,
including the performance of risk assessments
to determine the risks posed by particular
types of terrorist attacks within the United
States;
(B) to identify priorities for protective
and supportive measures; and
(C) to develop a comprehensive national
plan for securing the key resources and
critical infrastructure of the United States.
(2) Under Homeland Security Presidential Directive
7, issued on December 17, 2003, the Secretary of
Homeland Security was given 1 year to develop a
comprehensive plan to identify, prioritize, and
coordinate the protection of critical infrastructure
and key resources.
(3) The report of the National Commission on
Terrorist Attacks Upon the United States recommended
that the Secretary of Homeland Security should--
(A) identify those elements of the United
States' transportation, energy, communications,
financial, and other institutions that need to
be protected;
(B) develop plans to protect that
infrastructure; and
(C) exercise mechanisms to enhance
preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later
than 180 days after the date of enactment of this Act, and in
conjunction with the reporting requirements of Public Law 108-
330, the Secretary of Homeland Security shall submit a report
to Congress on--
(1) the Department of Homeland Security's progress
in completing vulnerability and risk assessments of the
Nation's critical infrastructure;
(2) the adequacy of the Government's plans to
protect such infrastructure; and
(3) the readiness of the Government to respond to
threats against the United States.
SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
It is the sense of Congress that the Secretary of Defense
should regularly assess the adequacy of the plans and
strategies of the United States Northern Command with a view to
ensuring that the United States Northern Command is prepared to
respond effectively to all military and paramilitary threats
within the United States, should it be called upon to do so by
the President.
SEC. 7308. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this
subtitle shall take effect on the date of enactment of this
Act.
Subtitle D--Homeland Security
SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is the sense of Congress that Congress must pass
legislation in the first session of the 109th Congress to
reform the system for distributing grants to enhance State and
local government prevention of, preparedness for, and response
to acts of terrorism.
SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 112(f)) is amended--
(1) in paragraph (6), by striking ``and'' at the
end;
(2) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following:
``(8) coordinating industry efforts, with respect
to functions of the Department of Homeland Security, to
identify private sector resources and capabilities that
could be effective in supplementing Federal, State, and
local government agency efforts to prevent or respond
to a terrorist attack;
``(9) coordinating with the Directorate of Border
and Transportation Security and the Assistant Secretary
for Trade Development of the Department of Commerce on
issues related to the travel and tourism industries;
and
``(10) consulting with the Office of State and
Local Government Coordination and Preparedness on all
matters of concern to the private sector, including the
tourism industry.''.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a) Study.--The Secretary of Homeland Security, in
cooordination with the Chairman of the Federal Communications
Commission, and in consultation with the heads of other
appropriate Federal agencies and representatives of providers
and participants in the telecommunications industry, shall
conduct a study to determine whether it is cost-effective,
efficient, and feasible to establish and implement an emergency
telephonic alert notification system that will--
(1) alert persons in the United States of imminent
or current hazardous events caused by acts of
terrorism; and
(2) provide information to individuals regarding
appropriate measures that may be undertaken to
alleviate or minimize threats to their safety and
welfare posed by such events.
(b) Technologies To Consider.--In conducting the study, the
Secretary shall consider the use of the telephone, wireless
communications, and other existing communications networks to
provide such notification.
(c) Report.--Not later than 9 months after the date of
enactment of this Act, the Secretary shall submit to Congress a
report regarding the conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL
AGE.
(a) Pilot Study.--The Secretary of Homeland Security, from
funds made available for improving the national system to
notify the general public in the event of a terrorist attack,
and in consultation with the Attorney General, the Secretary of
Transportation, the heads of other appropriate Federal
agencies, the National Association of State Chief Information
Officers, and other stakeholders with respect to public warning
systems, shall conduct a pilot study under which the Secretary
of Homeland Security may issue public warnings regarding
threats to homeland security using a warning system that is
similar to the AMBER Alert communications network.
(b) Report.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to Congress a report regarding the findings,
conclusions, and recommendations of the pilot study.
(c) Prohibition on Use of Highway Trust Fund.--No funds
derived from the Highway Trust Fund may be transferred to, made
available to, or obligated by the Secretary of Homeland
Security to carry out this section.
SEC. 7405. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there
is effective and ongoing coordination of Federal efforts to
prevent, prepare for, and respond to acts of terrorism and
other major disasters and emergencies among the divisions of
the Department of Homeland Security, including the Directorate
of Emergency Preparedness and Response and the Office for State
and Local Government Coordination and Preparedness.
SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
Section 611(h) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5196(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4), respectively;
(2) by indenting paragraph (2) (as so
redesignated); and
(3) by striking the subsection designation and
heading and inserting the following:
``(h) Emergency Preparedness Compacts.--(1) The Director
shall establish a program supporting the development of
emergency preparedness compacts for acts of terrorism,
disasters, and emergencies throughout the Nation, by--
``(A) identifying and cataloging existing emergency
preparedness compacts for acts of terrorism, disasters,
and emergencies at the State and local levels of
government;
``(B) disseminating to State and local governments
examples of best practices in the development of
emergency preparedness compacts and models of existing
emergency preparedness compacts, including agreements
involving interstate jurisdictions; and
``(C) completing an inventory of Federal response
capabilities for acts of terrorism, disasters, and
emergencies, making such inventory available to
appropriate Federal, State, and local government
officials, and ensuring that such inventory is as
current and accurate as practicable.''.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) Amendment.--Section 878 of the Homeland Security Act of
2002 (6 U.S.C. 458) is amended to read as follows:
``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
``(a) Office.--There is established in the Department an
Office of Counternarcotics Enforcement, which shall be headed
by a Director appointed by the President, by and with the
advice and consent of the Senate.
``(b) Assignment of Personnel.--
``(1) In general.--The Secretary shall assign
permanent staff to the Office, consistent with
effective management of Department resources.
``(2) Liaisons.--The Secretary shall designate
senior employees from each appropriate subdivision of
the Department that has significant counternarcotics
responsibilities to act as a liaison between that
subdivision and the Office of Counternarcotics
Enforcement.
``(c) Limitation on Concurrent Employment.--Except as
provided in subsection (d), the Director of the Office of
Counternarcotics Enforcement shall not be employed by, assigned
to, or serve as the head of, any other branch of the Federal
Government, any State or local government, or any subdivision
of the Department other than the Office of Counternarcotics
Enforcement.
``(d) Eligibility To Serve as the United States
Interdiction Coordinator.--The Director of the Office of
Counternarcotics Enforcement may be appointed as the United
States Interdiction Coordinator by the Director of the Office
of National Drug Control Policy, and shall be the only person
at the Department eligible to be so appointed.
``(e) Responsibilities.--The Secretary shall direct the
Director of the Office of Counternarcotics Enforcement--
``(1) to coordinate policy and operations within
the Department, between the Department and other
Federal departments and agencies, and between the
Department and State and local agencies with respect to
stopping the entry of illegal drugs into the United
States;
``(2) to ensure the adequacy of resources within
the Department for stopping the entry of illegal drugs
into the United States;
``(3) to recommend the appropriate financial and
personnel resources necessary to help the Department
better fulfill its responsibility to stop the entry of
illegal drugs into the United States;
``(4) within the Joint Terrorism Task Force
construct to track and sever connections between
illegal drug trafficking and terrorism; and
``(5) to be a representative of the Department on
all task forces, committees, or other entities whose
purpose is to coordinate the counternarcotics
enforcement activities of the Department and other
Federal, State or local agencies.
``(f) Savings Clause.--Nothing in this section shall be
construed to authorize direct control of the operations
conducted by the Directorate of Border and Transportation
Security, the Coast Guard, or joint terrorism task forces.
``(g) Reports to Congress.--
``(1) Annual budget review.--The Director of the
Office of Counternarcotics Enforcement shall, not later
than 30 days after the submission by the President to
Congress of any request for expenditures for the
Department, submit to the Committees on Appropriations
and the authorizing committees of jurisdiction of the
House of Representatives and the Senate a review and
evaluation of such request. The review and evaluation
shall--
``(A) identify any request or subpart of
any request that affects or may affect the
counternarcotics activities of the Department
or any of its subdivisions, or that affects the
ability of the Department or any subdivision of
the Department to meet its responsibility to
stop the entry of illegal drugs into the United
States;
``(B) describe with particularity how such
requested funds would be or could be expended
in furtherance of counternarcotics activities;
and
``(C) compare such requests with requests
for expenditures and amounts appropriated by
Congress in the previous fiscal year.
``(2) Evaluation of counternarcotics activities.--
The Director of the Office of Counternarcotics
Enforcement shall, not later than February 1 of each
year, submit to the Committees on Appropriations and
the authorizing committees of jurisdiction of the House
of Representatives and the Senate a review and
evaluation of the counternarcotics activities of the
Department for the previous fiscal year. The review and
evaluation shall--
``(A) describe the counternarcotics
activities of the Department and each
subdivision of the Department (whether
individually or in cooperation with other
subdivisions of the Department, or in
cooperation with other branches of the Federal
Government or with State or local agencies),
including the methods, procedures, and systems
(including computer systems) for collecting,
analyzing, sharing, and disseminating
information concerning narcotics activity
within the Department and between the
Department and other Federal, State, and local
agencies;
``(B) describe the results of those
activities, using quantifiable data whenever
possible;
``(C) state whether those activities were
sufficient to meet the responsibility of the
Department to stop the entry of illegal drugs
into the United States, including a description
of the performance measures of effectiveness
that were used in making that determination;
and
``(D) recommend, where appropriate, changes
to those activities to improve the performance
of the Department in meeting its responsibility
to stop the entry of illegal drugs into the
United States.
``(3) Classified or law enforcement sensitive
information.--Any content of a review and evaluation
described in the reports required in this subsection
that involves information classified under criteria
established by an Executive order, or whose public
disclosure, as determined by the Secretary, would be
detrimental to the law enforcement or national security
activities of the Department or any other Federal,
State, or local agency, shall be presented to Congress
separately from the rest of the review and
evaluation.''.
(b) Conforming Amendments.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) A Director of the Office of Counternarcotics
Enforcement.''.
(c) Authorization of Appropriations.--Of the amounts
appropriated for the Department of Homeland Security for
Departmental management and operations for fiscal year 2005,
there is authorized up to $6,000,000 to carry out section 878
of the Department of Homeland Security Act of 2002.
SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN
EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General.--Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by
adding at the end the following:
``SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN
EMPLOYEE PERFORMANCE APPRAISALS.
``(a) In General.--Each subdivision of the Department that
is a National Drug Control Program Agency shall include as one
of the criteria in its performance appraisal system, for each
employee directly or indirectly involved in the enforcement of
Federal, State, or local narcotics laws, the performance of
that employee with respect to the enforcement of Federal,
State, or local narcotics laws, relying to the greatest extent
practicable on objective performance measures, including--
``(1) the contribution of that employee to seizures
of narcotics and arrests of violators of Federal,
State, or local narcotics laws; and
``(2) the degree to which that employee cooperated
with or contributed to the efforts of other employees,
either within the Department or other Federal, State,
or local agencies, in counternarcotics enforcement.
``(b) Definitions.--For purposes of this section--
``(1) the term `National Drug Control Program
Agency' means--
``(A) a National Drug Control Program
Agency, as defined in section 702(7) of the
Office of National Drug Control Policy
Reauthorization Act of 1998 (as last in
effect); and
``(B) any subdivision of the Department
that has a significant counternarcotics
responsibility, as determined by--
``(i) the counternarcotics officer,
appointed under section 878; or
``(ii) if applicable, the
counternarcotics officer's successor in
function (as determined by the
Secretary); and
``(2) the term `performance appraisal system' means
a system under which periodic appraisals of job
performance of employees are made, whether under
chapter 43 of title 5, United States Code, or
otherwise.''.
(b) Clerical Amendment.--The table of contents for the
Homeland Security Act of 2002 is amended by inserting after the
item relating to section 842 the following:
``Sec. 843. Use of counternarcotics enforcement activities in certain
employee performance appraisals.''.
Subtitle E--Public Safety Spectrum
SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
(a) Findings.--Congress finds the following:
(1) Congress granted television broadcasters
additional 6 megahertz blocks of spectrum to transmit
digital broadcasts simultaneously with the analog
broadcasts they submit on their original 6 megahertz
blocks of spectrum.
(2) Section 309(j)(14) of the Communications Act of
1934 (47 U.S.C. 309(j)(14)) requires each television
broadcaster to cease analog transmissions and return 6
megahertz of spectrum not later than--
(A) December 31, 2006; or
(B) the date on which more than 85 percent
of the television households in the market of
such broadcaster can view digital broadcast
television channels using a digital television,
a digital-to-analog converter box, cable
service, or satellite service.
(3) Twenty-four megahertz of spectrum occupied by
television broadcasters has been earmarked for use by
first responders as soon as the television broadcasters
return the spectrum broadcasters being used to provide
analog transmissions. This spectrum would be ideal to
provide first responders with interoperable
communications channels.
(4) Large parts of the vacated spectrum could be
auctioned for advanced commercial services, such as
wireless broadband.
(5) The 85 percent penetration test described in
paragraph (2)(B) could delay the termination of analog
television broadcasts and the return of spectrum well
beyond 2007, hindering the use of that spectrum for
these important public safety and advanced commercial
uses.
(6) While proposals to require broadcasters to
return, on a date certain, the spectrum earmarked for
future public safety use may improve the ability of
public safety entities to begin planning for use of
this spectrum, such proposals have certain
deficiencies. The proposals would require the
dislocation of up to 75 broadcast stations, which also
serve a critical public safety function by broadcasting
weather, traffic, disaster, and other safety alerts.
Such disparate treatment of broadcasters would be
unfair to the broadcasters and their respective
viewers. Requiring the return of all analog broadcast
spectrum by a date certain would have the benefit of
addressing the digital television transition in a
comprehensive fashion that treats all broadcasters and
viewers equally, while freeing spectrum for advanced
commercial services.
(7) The Federal Communications Commission should
consider all regulatory means available to expedite the
return of the analog spectrum.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress must act to pass legislation in the
first session of the 109th Congress that establishes a
comprehensive approach to the timely return of analog
broadcast spectrum as early as December 31, 2006; and
(2) any delay in the adoption of the legislation
described in paragraph (1) will delay the ability of
public safety entities to begin planning to use this
needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS.
(a) Allocations of Spectrum for Emergency Response
Providers.--The Federal Communications Commission shall, in
consultation with the Secretary of Homeland Security and the
National Telecommunications and Information Administration,
conduct a study to assess short-term and long-term needs for
allocations of additional portions of the electromagnetic
spectrum for Federal, State, and local emergency response
providers, including whether or not an additional allocation of
spectrum in the 700 megahertz band should be granted by
Congress to such emergency response providers.
(b) Strategies To Meet Public Safety Telecommunications
Requirements.--The Secretary of Homeland Security shall, in
consultation with the Federal Communications Commission and the
National Telecommunications and Information Administration,
conduct a study to assess strategies that may be used to meet
public safety telecommunications needs, including--
(1) the need and efficacy of deploying nationwide
interoperable communications networks (including the
potential technical and operational standards and
protocols for nationwide interoperable broadband mobile
communications networks that may be used by Federal,
State, regional, and local governmental and
nongovernmental public safety, homeland security, and
other emergency response personnel);
(2) the capacity of public safety entities to
utilize wireless broadband applications; and
(3) the communications capabilities of all
emergency response providers, including hospitals and
health care workers, and current efforts to promote
communications coordination and training among
emergency response providers.
(c) Study Requirements.--In conducting the studies required
by subsections (a) and (b), the Secretary of Homeland Security
and the Federal Communications Commission shall--
(1) seek input from Federal, State, local, and
regional emergency response providers regarding the
operation and administration of a potential nationwide
interoperable broadband mobile communications network;
and
(2) consider the use of commercial wireless
technologies to the greatest extent practicable.
(d) Reports.--(1) Not later than one year after the date of
enactment of this Act, the Federal Communications Commission
(in the case of the study required by subsection (a)) and the
Secretary of Homeland Security (in the case of the study
required by subsection (b)) shall submit to the appropriate
committees of Congress a report on such study, including the
findings of such study.
(2) In this subsection, the term ``appropriate committees
of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Energy and Commerce and the
Select Committee on Homeland Security of the House of
Representatives.
Subtitle F--Presidential Transition
SEC. 7601. PRESIDENTIAL TRANSITION.
(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) by adding after subsection (a)(8)(A)(iv) the
following:
``(v) Activities under this
paragraph shall include the preparation
of a detailed classified, compartmented
summary by the relevant outgoing
executive branch officials of specific
operational threats to national
security; major military or covert
operations; and pending decisions on
possible uses of military force. This
summary shall be provided to the
President-elect as soon as possible
after the date of the general elections
held to determine the electors of
President and Vice President under
section 1 or 2 of title 3, United
States Code.'';
(2) by redesignating subsection (f) as subsection
(g); and
(3) by adding after subsection (e) the following:
``(f)(1) The President-elect should submit to the Federal
Bureau of Investigation or other appropriate agency and then,
upon taking effect and designation, to the agency designated by
the President under section 115(b) of the National Intelligence
Reform Act of 2004, the names of candidates for high level
national security positions through the level of undersecretary
of cabinet departments as soon as possible after the date of
the general elections held to determine the electors of
President and Vice President under section 1 or 2 of title 3,
United States Code.
``(2) The responsible agency or agencies shall undertake
and complete as expeditiously as possible the background
investigations necessary to provide appropriate security
clearances to the individuals who are candidates described
under paragraph (1) before the date of the inauguration of the
President-elect as President and the inauguration of the Vice-
President-elect as Vice President.''.
(b) Sense of the Senate Regarding Expedited Consideration
of National Security Nominees.--It is the sense of the Senate
that--
(1) the President-elect should submit the
nominations of candidates for high-level national
security positions, through the level of undersecretary
of cabinet departments, to the Senate by the date of
the inauguration of the President-elect as President;
and
(2) for all such national security nominees
received by the date of inauguration, the Senate
committees to which these nominations are referred
should, to the fullest extent possible, complete their
consideration of these nominations, and, if such
nominations are reported by the committees, the full
Senate should vote to confirm or reject these
nominations, within 30 days of their submission.
(c) Security Clearances for Transition Team Members.--
(1) Definition.--In this section, the term ``major
party'' shall have the meaning given under section
9002(6) of the Internal Revenue Code of 1986.
(2) In general.--Each major party candidate for
President may submit, before the date of the general
election, requests for security clearances for
prospective transition team members who will have a
need for access to classified information to carry out
their responsibilities as members of the President-
elect's transition team.
(3) Completion date.--Necessary background
investigations and eligibility determinations to permit
appropriate prospective transition team members to have
access to classified information shall be completed, to
the fullest extent practicable, by the day after the
date of the general election.
(d) Effective Date.--Notwithstanding section 351, this
section and the amendments made by this section shall take
effect on the date of enactment of this Act.
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT
TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
(1) The global war on terrorism and cutting off
terrorist financing is a policy priority for the United
States and its partners, working bilaterally and
multilaterally through the United Nations, the United
Nations Security Council and its committees, such as
the 1267 and 1373 Committees, the Financial Action Task
Force (FATF), and various international financial
institutions, including the International Monetary Fund
(IMF), the International Bank for Reconstruction and
Development (IBRD), and the regional multilateral
development banks, and other multilateral fora.
(2) The international financial community has
become engaged in the global fight against terrorist
financing. The Financial Action Task Force has focused
on the new threat posed by terrorist financing to the
international financial system, resulting in the
establishment of the FATF's Eight Special
Recommendations on Terrorist Financing as the
international standard on combating terrorist
financing. The Group of Seven and the Group of Twenty
Finance Ministers are developing action plans to curb
the financing of terror. In addition, other economic
and regional fora, such as the Asia-Pacific Economic
Cooperation (APEC) Forum, and the Western Hemisphere
Financial Ministers, have been used to marshal
political will and actions in support of combating the
financing of terrorism (CFT) standards.
(3) FATF's Forty Recommendations on Money
Laundering and the Eight Special Recommendations on
Terrorist Financing are the recognized global standards
for fighting money laundering and terrorist financing.
The FATF has engaged in an assessment process for
jurisdictions based on their compliance with these
standards.
(4) In March 2004, the IMF and IBRD Boards agreed
to make permanent a pilot program of collaboration with
the FATF to assess global compliance with the FATF
Forty Recommendations on Money Laundering and the Eight
Special Recommendations on Terrorist Financing. As a
result, anti-money laundering (AML) and combating the
financing of terrorism (CFT) assessments are now a
regular part of their Financial Sector Assessment
Program (FSAP) and Offshore Financial Center
assessments, which provide for a comprehensive analysis
of the strength of a jurisdiction's financial system.
These reviews assess potential systemic
vulnerabilities, consider sectoral development needs
and priorities, and review the state of implementation
of and compliance with key financial codes and
regulatory standards, among them the AML and CFT
standards.
(5) To date, 70 FSAPs have been conducted, with
over 24 of those incorporating AML and CFT assessments.
The international financial institutions (IFIs), the
FATF, and the FATF-style regional bodies together are
expected to assess AML and CFT regimes in up to 40
countries or jurisdictions per year. This will help
countries and jurisdictions identify deficiencies in
their AML and CFT regimes and help focus technical
assistance efforts.
(6) Technical assistance programs from the United
States and other nations, coordinated with the
Department of State and other departments and agencies,
are playing an important role in helping countries and
jurisdictions address shortcomings in their AML and CFT
regimes and bringing their regimes into conformity with
international standards. Training is coordinated within
the United States Government, which leverages
multilateral organizations and bodies and international
financial institutions to internationalize the
conveyance of technical assistance.
(7) In fulfilling its duties in advancing
incorporation of AML and CFT standards into the IFIs as
part of the IFIs' work on protecting the integrity of
the international monetary system, the Department of
the Treasury, under the guidance of the Secretary of
the Treasury, has effectively brought together all of
the key United States Government agencies. In
particular, United States Government agencies continue
to work together to foster broad support for this
important undertaking in various multilateral fora, and
United States Government agencies recognize the need
for close coordination and communication within our own
Government.
(b) Sense of Congress Regarding Success in Multilateral
Organizations.--It is the sense of Congress that the Secretary
of the Treasury should continue to promote the dissemination of
international AML and CFT standards, and to press for full
implementation of the FATF 40 + 8 Recommendations by all
countries in order to curb financial risks and hinder terrorist
financing around the globe. The efforts of the Secretary in
this regard should include, where necessary or appropriate,
multilateral action against countries whose counter-money
laundering regimes and efforts against the financing of
terrorism fall below recognized international standards.
SEC. 7702. DEFINITIONS.
In this subtitle--
(1) the term ``international financial
institutions'' has the same meaning as in section
1701(c)(2) of the International Financial Institutions
Act;
(2) the term ``Financial Action Task Force'' means
the international policy-making and standard-setting
body dedicated to combating money laundering and
terrorist financing that was created by the Group of
Seven in 1989; and
(3) the terms ``Interagency Paper on Sound
Practices to Strengthen the Resilience of the U.S.
Financial System'' and ``Interagency Paper'' mean the
interagency paper prepared by the Board of Governors of
the Federal Reserve System, the Comptroller of the
Currency, and the Securities and Exchange Commission
that was announced in the Federal Register on April 8,
2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE
SECRETARY OF THE TREASURY.
(a) Reporting Requirements.--Section 1503(a) of the
International Financial Institutions Act (22 U.S.C. 262o-2(a))
is amended by adding at the end the following:
``(15) Work with the International Monetary Fund
to--
``(A) foster strong global anti-money
laundering (AML) and combat the financing of
terrorism (CFT) regimes;
``(B) ensure that country performance under
the Financial Action Task Force anti-money
laundering and counterterrorist financing
standards is effectively and comprehensively
monitored;
``(C) ensure note is taken of AML and CFT
issues in Article IV reports, International
Monetary Fund programs, and other regular
reviews of country progress;
``(D) ensure that effective AML and CFT
regimes are considered to be indispensable
elements of sound financial systems; and
``(E) emphasize the importance of sound AML
and CFT regimes to global growth and
development.''.
(b) Testimony.--Section 1705(b) of the International
Financial Institutions Act (22 U.S.C. 262r-4(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the
end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(4) the status of implementation of international
anti-money laundering and counterterrorist financing
standards by the International Monetary Fund, the
multilateral development banks, and other multilateral
financial policymaking bodies.''.
SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the
Secretary, as the lead United States Government official to the
Financial Action Task Force (FATF), shall continue to convene
the interagency United States Government FATF working group.
This group, which includes representatives from all relevant
Federal agencies, shall meet at least once a year to advise the
Secretary on policies to be pursued by the United States
regarding the development of common international AML and CFT
standards, to assess the adequacy and implementation of such
standards, and to recommend to the Secretary improved or new
standards, as necessary.
Subtitle H--Emergency Financial Preparedness
SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
Section 306(d) of title 31, United States Code, is amended
by inserting ``or employee'' after ``another officer''.
SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY
PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION.
(a) Findings.--Congress finds that the Secretary of the
Treasury--
(1) has successfully communicated and coordinated
with the private-sector financial services industry
about financial infrastructure preparedness and
response issues;
(2) has successfully reached out to State and local
governments and regional public-private partnerships,
such as ChicagoFIRST, that protect employees and
critical infrastructure by enhancing communication and
coordinating plans for disaster preparedness and
business continuity; and
(3) has set an example for the Department of
Homeland Security and other Federal agency partners,
whose active participation is vital to the overall
success of the activities described in paragraphs (1)
and (2).
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Treasury, in consultation with the
Secretary of Homeland Security, other Federal agency partners,
and private-sector financial organization partners, should--
(1) furnish sufficient personnel and technological
and financial resources to educate consumers and
employees of the financial services industry about
domestic counterterrorist financing activities,
particularly about--
(A) how the public and private sector
organizations involved in such activities can
combat terrorism while protecting and
preserving the lives and civil liberties of
consumers and employees of the financial
services industry; and
(B) how the consumers and employees of the
financial services industry can assist the
public and private sector organizations
involved in such activities; and
(2) submit annual reports to Congress on efforts to
accomplish subparagraphs (A) and (B) of paragraph (1).
(c) Report on Public-Private Partnerships.--Before the end
of the 6-month period beginning on the date of enactment of
this Act, the Secretary of the Treasury shall submit a report
to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate containing--
(1) information on the efforts that the Department
of the Treasury has made to encourage the formation of
public-private partnerships to protect critical
financial infrastructure and the type of support that
the Department has provided to such partnerships; and
(2) recommendations for administrative or
legislative action regarding such partnerships, as the
Secretary may determine to be appropriate.
SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
(a) Short Title.--This section may be cited as the
``Emergency Securities Response Act of 2004''.
(b) Extension of Emergency Order Authority of the
Securities and Exchange Commission.--
(1) Extension of authority.--Section 12(k)(2) of
the Securities Exchange Act of 1934 (15 U.S.C.
78l(k)(2)) is amended to read as follows:
``(2) Emergency orders.--
``(A) In general.--The Commission, in an
emergency, may by order summarily take such
action to alter, supplement, suspend, or impose
requirements or restrictions with respect to
any matter or action subject to regulation by
the Commission or a self-regulatory
organization under the securities laws, as the
Commission determines is necessary in the
public interest and for the protection of
investors--
``(i) to maintain or restore fair
and orderly securities markets (other
than markets in exempted securities);
``(ii) to ensure prompt, accurate,
and safe clearance and settlement of
transactions in securities (other than
exempted securities); or
``(iii) to reduce, eliminate, or
prevent the substantial disruption by
the emergency of--
``(I) securities markets
(other than markets in exempted
securities), investment
companies, or any other
significant portion or segment
of such markets; or
``(II) the transmission or
processing of securities
transactions (other than
transactions in exempted
securities).
``(B) Effective period.--An order of the
Commission under this paragraph shall continue
in effect for the period specified by the
Commission, and may be extended. Except as
provided in subparagraph (C), an order of the
Commission under this paragraph may not
continue in effect for more than 10 business
days, including extensions.
``(C) Extension.--An order of the
Commission under this paragraph may be extended
to continue in effect for more than 10 business
days if, at the time of the extension, the
Commission finds that the emergency still
exists and determines that the continuation of
the order beyond 10 business days is necessary
in the public interest and for the protection
of investors to attain an objective described
in clause (i), (ii), or (iii) of subparagraph
(A). In no event shall an order of the
Commission under this paragraph continue in
effect for more than 30 calendar days.
``(D) Security futures.--If the actions
described in subparagraph (A) involve a
security futures product, the Commission shall
consult with and consider the views of the
Commodity Futures Trading Commission.
``(E) Exemption.--In exercising its
authority under this paragraph, the Commission
shall not be required to comply with the
provisions of--
``(i) section 19(c); or
``(ii) section 553 of title 5,
United States Code.''.
(c) Consultation; Definition of Emergency.--Section
12(k)(6) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(k)(6)) is amended to read as follows:
``(6) Consultation.--Prior to taking any action
described in paragraph (1)(B), the Commission shall
consult with and consider the views of the Secretary of
the Treasury, the Board of Governors of the Federal
Reserve System, and the Commodity Futures Trading
Commission, unless such consultation is impracticable
in light of the emergency.
``(7) Definitions.--For purposes of this
subsection--
``(A) the term `emergency' means--
``(i) a major market disturbance
characterized by or constituting--
``(I) sudden and excessive
fluctuations of securities
prices generally, or a
substantial threat thereof,
that threaten fair and orderly
markets; or
``(II) a substantial
disruption of the safe or
efficient operation of the
national system for clearance
and settlement of transactions
in securities, or a substantial
threat thereof; or
``(ii) a major disturbance that
substantially disrupts, or threatens to
substantially disrupt--
``(I) the functioning of
securities markets, investment
companies, or any other
significant portion or segment
of the securities markets; or
``(II) the transmission or
processing of securities
transactions; and
``(B) notwithstanding section 3(a)(47), the
term `securities laws' does not include the
Public Utility Holding Company Act of 1935.''.
(d) Parallel Authority of the Secretary of the Treasury
With Respect to Government Securities.--Section 15C of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-5) is amended by
adding at the end the following:
``(h) Emergency Authority.--The Secretary may, by order,
take any action with respect to a matter or action subject to
regulation by the Secretary under this section, or the rules of
the Secretary under this section, involving a government
security or a market therein (or significant portion or segment
of that market), that the Commission may take under section
12(k)(2) with respect to transactions in securities (other than
exempted securities) or a market therein (or significant
portion or segment of that market).''.
(e) Joint Report on Implementation of Financial System
Resilience Recommendations.--
(1) Report required.--Not later than April 30,
2006, the Board of Governors of the Federal Reserve
System, the Comptroller of the Currency, and the
Securities and Exchange Commission shall prepare and
submit to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a joint report
on the efforts of the private sector to implement the
Interagency Paper on Sound Practices to Strengthen the
Resilience of the U.S. Financial System.
(2) Contents of report.--The report required by
paragraph (1) shall--
(A) examine the efforts to date of private
sector financial services firms covered by the
Interagency Paper to implement enhanced
business continuity plans;
(B) examine the extent to which the
implementation of such business continuity
plans has been done in a geographically
dispersed manner, including an analysis of the
extent to which such firms have located their
main and backup facilities in separate
electrical networks, in different watersheds,
in independent transportation systems, and
using separate telecommunications centers, and
the cost and technological implications of
further dispersal;
(C) examine the need to cover a larger
range of private sector financial services
firms that play significant roles in critical
financial markets than those covered by the
Interagency Paper; and
(D) recommend legislative and regulatory
changes that will--
(i) expedite the effective
implementation of the Interagency Paper
by all covered financial services
entities; and
(ii) optimize the effective
implementation of business continuity
planning by the financial services
industry.
(3) Confidentiality.--Any information provided to
the Board of Governors of the Federal Reserve System,
the Comptroller of the Currency, or the Securities and
Exchange Commission for the purposes of the preparation
and submission of the report required by paragraph (1)
shall be treated as privileged and confidential. For
purposes of section 552 of title 5, United States Code,
this subsection shall be considered a statute described
in subsection (b)(3)(B) of that section 552.
(4) Definition.--As used in this subsection, the
terms ``Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial
System'' and ``Interagency Paper'' mean the interagency
paper prepared by the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, and
the Securities and Exchange Commission that was
announced in the Federal Register on April 8, 2003.
SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and
credit-rating agencies, where relevant, should carefully
consider a company's compliance with standards for private
sector disaster and emergency preparedness in assessing
insurability and creditworthiness, to ensure that private
sector investment in disaster and emergency preparedness is
appropriately encouraged.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE
SIMULATION AND ANALYSIS CENTER.
(a) In General.--The Director of National Intelligence
shall establish a formal relationship, including information
sharing, between the elements of the intelligence community and
the National Infrastructure Simulation and Analysis Center.
(b) Purpose.--The purpose of the relationship under
subsection (a) shall be to permit the intelligence community to
take full advantage of the capabilities of the National
Infrastructure Simulation and Analysis Center, particularly
vulnerability and consequence analysis, for real time response
to reported threats and long term planning for projected
threats.
Subtitle B--Department of Homeland Security Matters
SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
(a) Findings.--Congress makes the following findings:
(1) Geospatial technologies and geospatial data
improve government capabilities to detect, plan for,
prepare for, and respond to disasters in order to save
lives and protect property.
(2) Geospatial data improves the ability of
information technology applications and systems to
enhance public security in a cost-effective manner.
(3) Geospatial information preparedness in the
United States, and specifically in the Department of
Homeland Security, is insufficient because of--
(A) inadequate geospatial data
compatibility;
(B) insufficient geospatial data sharing;
and
(C) technology interoperability barriers.
(b) Homeland Security Geospatial Information.--Section 703
of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended--
(1) by inserting ``(a) In General.--'' before ``The
Chief Information''; and
(2) by adding at the end the following:
``(b) Geospatial Information Functions.--
``(1) Definitions.--As used in this subsection:
``(A) Geospatial information.--The term
`geospatial information' means graphical or
digital data depicting natural or manmade
physical features, phenomena, or boundaries of
the earth and any information related thereto,
including surveys, maps, charts, remote sensing
data, and images.
``(B) Geospatial technology.--The term
`geospatial technology' means any technology
utilized by analysts, specialists, surveyors,
photogrammetrists, hydrographers, geodesists,
cartographers, architects, or engineers for the
collection, storage, retrieval, or
dissemination of geospatial information,
including--
``(i) global satellite surveillance
systems;
``(ii) global position systems;
``(iii) geographic information
systems;
``(iv) mapping equipment;
``(v) geocoding technology; and
``(vi) remote sensing devices.
``(2) Office of geospatial management.--
``(A) Establishment.--The Office of
Geospatial Management is established within the
Office of the Chief Information Officer.
``(B) Geospatial information officer.--
``(i) Appointment.--The Office of
Geospatial Management shall be
administered by the Geospatial
Information Officer, who shall be
appointed by the Secretary and serve
under the direction of the Chief
Information Officer.
``(ii) Functions.--The Geospatial
Information Officer shall assist the
Chief Information Officer in carrying
out all functions under this section
and in coordinating the geospatial
information needs of the Department.
``(C) Coordination of geospatial
information.--The Chief Information Officer
shall establish and carry out a program to
provide for the efficient use of geospatial
information, which shall include--
``(i) providing such geospatial
information as may be necessary to
implement the critical infrastructure
protection programs;
``(ii) providing leadership and
coordination in meeting the geospatial
information requirements of those
responsible for planning, prevention,
mitigation, assessment and response to
emergencies, critical infrastructure
protection, and other functions of the
Department; and
``(iii) coordinating with users of
geospatial information within the
Department to assure interoperability
and prevent unnecessary duplication.
``(D) Responsibilities.--In carrying out
this subsection, the responsibilities of the
Chief Information Officer shall include--
``(i) coordinating the geospatial
information needs and activities of the
Department;
``(ii) implementing standards, as
adopted by the Director of the Office
of Management and Budget under the
processes established under section 216
of the E-Government Act of 2002 (44
U.S.C. 3501 note), to facilitate the
interoperability of geospatial
information pertaining to homeland
security among all users of such
information within--
``(I) the Department;
``(II) State and local
government; and
``(III) the private sector;
``(iii) coordinating with the
Federal Geographic Data Committee and
carrying out the responsibilities of
the Department pursuant to Office of
Management and Budget Circular A-16 and
Executive Order 12906; and
``(iv) making recommendations to
the Secretary and the Executive
Director of the Office for State and
Local Government Coordination and
Preparedness on awarding grants to--
``(I) fund the creation of
geospatial data; and
``(II) execute information
sharing agreements regarding
geospatial data with State,
local, and tribal governments.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this subsection for each fiscal
year.''.
Subtitle C--Homeland Security Civil Rights and Civil Liberties
Protection
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ``Homeland Security Civil
Rights and Civil Liberties Protection Act of 2004''.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6
U.S.C. 111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after
the semicolon;
(2) by redesignating subparagraph (G) as
subparagraph (H); and
(3) by inserting after subparagraph (F) the
following:
``(G) ensure that the civil rights and
civil liberties of persons are not diminished
by efforts, activities, and programs aimed at
securing the homeland; and''.
SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6
U.S.C. 345(a)) is amended--
(1) by amending the matter preceding paragraph (1)
to read as follows:
``(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--
'';
(2) by amending paragraph (1) to read as follows:
``(1) review and assess information concerning
abuses of civil rights, civil liberties, and profiling
on the basis of race, ethnicity, or religion, by
employees and officials of the Department;'';
(3) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and
offices of the Department to develop, implement, and
periodically review Department policies and procedures
to ensure that the protection of civil rights and civil
liberties is appropriately incorporated into Department
programs and activities;
``(4) oversee compliance with constitutional,
statutory, regulatory, policy, and other requirements
relating to the civil rights and civil liberties of
individuals affected by the programs and activities of
the Department;
``(5) coordinate with the Privacy Officer to ensure
that--
``(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
``(B) Congress receives appropriate reports
regarding such programs, policies, and
procedures; and
``(6) investigate complaints and information
indicating possible abuses of civil rights or civil
liberties, unless the Inspector General of the
Department determines that any such complaint or
information should be investigated by the Inspector
General.''.
SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(f)(1) The Inspector General of the Department of
Homeland Security shall designate a senior official within the
Office of Inspector General, who shall be a career member of
the civil service at the equivalent to the GS-15 level or a
career member of the Senior Executive Service, to perform the
functions described in paragraph (2).
``(2) The senior official designated under paragraph (1)
shall--
``(A) coordinate the activities of the Office of
Inspector General with respect to investigations of
abuses of civil rights or civil liberties;
``(B) receive and review complaints and information
from any source alleging abuses of civil rights and
civil liberties by employees or officials of the
Department and employees or officials of independent
contractors or grantees of the Department;
``(C) initiate investigations of alleged abuses of
civil rights or civil liberties by employees or
officials of the Department and employees or officials
of independent contractors or grantees of the
Department;
``(D) ensure that personnel within the Office of
Inspector General receive sufficient training to
conduct effective civil rights and civil liberties
investigations;
``(E) consult with the Officer for Civil Rights and
Civil Liberties regarding--
``(i) alleged abuses of civil rights or
civil liberties; and
``(ii) any policy recommendations regarding
civil rights and civil liberties that may be
founded upon an investigation by the Office of
Inspector General;
``(F) provide the Officer for Civil Rights and
Civil Liberties with information regarding the outcome
of investigations of alleged abuses of civil rights and
civil liberties;
``(G) refer civil rights and civil liberties
matters that the Inspector General decides not to
investigate to the Officer for Civil Rights and Civil
Liberties;
``(H) ensure that the Office of the Inspector
General publicizes and provides convenient public
access to information regarding--
``(i) the procedure to file complaints or
comments concerning civil rights and civil
liberties matters; and
``(ii) the status of corrective actions
taken by the Department in response to Office
of the Inspector General reports; and
``(I) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies
within the Department relating to civil rights or civil
liberties.''.
SEC. 8305. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) is amended--
(1) in the matter preceding paragraph (1), by
inserting ``, who shall report directly to the
Secretary,'' after ``in the Department'';
(2) in paragraph (4), by striking ``and'' at the
end;
(3) by redesignating paragraph (5) as paragraph
(6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil
Rights and Civil Liberties to ensure that--
``(A) programs, policies, and procedures
involving civil rights, civil liberties, and
privacy considerations are addressed in an
integrated and comprehensive manner; and
``(B) Congress receives appropriate reports
on such programs, policies, and procedures;
and''.
SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF
HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the
Department of Homeland Security complies with the protections
for human research subjects, as described in part 46 of title
45, Code of Federal Regulations, or in equivalent regulations
as promulgated by such Secretary, with respect to research that
is conducted or supported by the Department.
Subtitle D--Other Matters
SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY
PLANNING FOR INFORMATION SECURITY NEEDS.
Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting ``security,''
after ``use,'';
(2) in section 11302(c), by inserting ``, including
information security risks,'' after ``risks'' both
places it appears;
(3) in section 11312(b)(1), by striking
``information technology investments'' and inserting
``investments in information technology (including
information security needs)''; and
(4) in section 11315(b)(2), by inserting ``,
secure,'' after ``sound''.
SEC. 8402. ENTERPRISE ARCHITECTURE.
(a) Enterprise Architecture Defined.--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.
(c) Report.--Subject to subsection (d), the Director of the
Federal Bureau of Investigation shall, on an annual basis,
submit to the Committees on the Judiciary of the Senate and
House of Representatives a report 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 (c), the report under
subsection (c) 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) Enterprise Architecture, Agency Plans and Reports.--
This section shall be carried out in compliance with the
requirements set forth in section 1016 (e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
(a) Study.--Not later than 90 days after the date of
enactment of this Act, the Office of Government Ethics shall
submit to Congress a report--
(1) evaluating the financial disclosure process for
employees of the executive branch of Government; and
(2) making recommendations for improving that
process.
(b) Transmittal of Record Relating to Presidentially
Appointed Positions to Presidential Candidates.--
(1) Definition.--In this section, the term ``major
party'' has the meaning given that term under section
9002(6) of the Internal Revenue Code of 1986.
(2) Transmittal.--
(A) In general.--Not later than 15 days
after the date on which a major party nominates
a candidate for President, the Office of
Personnel Management shall transmit an
electronic record to that candidate on
Presidentially appointed positions.
(B) Other candidates.--After making
transmittals under subparagraph (A), the Office
of Personnel Management may transmit an
electronic record on Presidentially appointed
positions to any other candidate for President.
(3) Content.--The record transmitted under this
subsection shall provide--
(A) all positions which are appointed by
the President, including the title and
description of the duties of each position;
(B) the name of each person holding a
position described under subparagraph (A);
(C) any vacancy in the positions described
under subparagraph (A), and the period of time
any such position has been vacant;
(D) the date on which an appointment made
after the applicable Presidential election for
any position described under subparagraph (A)
is necessary to ensure effective operation of
the Government; and
(E) any other information that the Office
of Personnel Management determines is useful in
making appointments.
(c) Reduction of Positions Requiring Appointment With
Senate Confirmation.--
(1) Definition.--In this subsection, the term
``agency'' means an Executive agency as defined under
section 105 of title 5, United States Code.
(2) Reduction plan.--
(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
head of each agency shall submit a Presidential
appointment reduction plan to--
(i) the President;
(ii) the Committee on Homeland
Security and Governmental Affairs of
the Senate; and
(iii) the Committee on Government
Reform of the House of Representatives.
(B) Content.--The plan under this paragraph
shall provide for the reduction of--
(i) the number of positions within
that agency that require an appointment
by the President, by and with the
advice and consent of the Senate; and
(ii) the number of levels of such
positions within that agency.
(d) Office of Government Ethics Review of Conflict of
Interest Law.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Director of the
Office of Government Ethics, in consultation with the
Attorney General of the United States, shall conduct a
comprehensive review of conflict of interest laws
relating to executive branch employment and submit a
report to--
(A) the President;
(B) the Committees on Homeland Security and
Governmental Affairs and the Judiciary of the
Senate;
(C) the Committees on Government Reform and
the Judiciary of the House of Representatives.
(2) Contents.--The report under this subsection
shall examine sections 203, 205, 207, and 208 of title
18, United States Code.
SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS
FOR SUSPENDED AIR PASSENGER SERVICE.
Section 145(c) of the Aviation and Transportation Security
Act (49 U.S.C. 40101 note) is amended by striking ``more than''
and all that follows and inserting ``after November 19,
2005.''.
And the House agree to the same.
Peter Hoekstra,
David Dreier,
Henry Hyde,
Duncan Hunter,
Jane Harman,
Robert Menendez,
Ike Skelton,
Managers on the Part of the House.
Susan M. Collins,
Joe Lieberman,
Trent Lott,
Richard J. Durbin,
Mike DeWine,
Pat Roberts,
John D. Rockefeller, IV,
George V. Voinovich,
John E. Sununu,
Bob Graham,
Frank R. Lautenberg,
Norm Coleman,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF THE CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 2845), to reform the
intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report.
The House amendment struck all of the Senate bill after
the enacting clause and inserted a substitute text. The Senate
recedes from its disagreement to the amendment of the House
with an amendment that is a substitute for the Senate bill and
the House amendment.
A summary of the substitute agreed to in conference is
set forth below:
This legislation in part implements the recommendations
of the National Commission on Terrorist Attacks Upon the United
States (the ``9/11 Commission'') but also responds to other
studies and related commissions which focused on intelligence
reform for protecting the United State against acts of
terrorism. In July 2004, the 9/11 Commission released a
comprehensive report chronicling the circumstances leading up
to the terrorist attacks of September 11, 2001. The Commission
made over forty recommendations to strengthen the United
States's ability to prevent future terrorist attacks. These
recommendations included reorganization of the U.S.
Intelligence Community by creating an empowered Director of
National Intelligence (DNI) and a National Counterterrorism
Center (NCTC). The recommendations also spanned a variety of
other areas such as foreign policy and transportation security.
This conference report makes a number of necessary changes in
government structure, law enforcement, and security
arrangements to protect the American people better.
Intelligence
DNI. A number of past studies have found that the current
Director of Central Intelligence lacks sufficient authority to
steward the Intelligence Community and transform it into an
agile network to fight terrorist networks. In response, and as
envisioned by the Senate bill and the House amendment, the
conference report creates a DNI appointed by the President,
confirmed by the Senate, and without the responsibility of
directing the Central Intelligence Agency. Also as envisioned
by the Senate bill and the House amendment, the DNI would head
the Intelligence Community; serve as the principal intelligence
adviser to the President; and oversee and direct the
implementation of the National Intelligence Program.
The conference report's formulation of the DNI's
authorities is a composite of the authorities in the Senate
bill and the House amendment. For example, relying on various
House and Senate provisions, the conference report gives the
DNI strong authority concerning the National Intelligence
Program, such as unambiguous authority to task collection and
analysis. The conference report does not expand authority under
which information is classified, which is pursuant to Executive
Order or other Presidential directive, but rather directs the
DNI to establish and implement guidelines for the intelligence
community for the purpose of such classification of
information. In addition, the Conferees recognize the need to
provide the DNI with enhanced personnel transfer flexibility in
order to maximize the Intelligence Community's functionality.
The Conferees encourage the DNI to consult with the Committees
of the Congress enumerated by this provision to establish
mutually agreeable procedures to fulfill the notice
requirements in this provision.
NCTC. The NCTC is an innovation designed to achieve
horizontal integration or ``matrix management'' for the
Executive Branch--meaning seamless coordination across
departmental lines against interdisciplinary problems
epitomized by terrorism. Once again fusing perspectives from
the Senate bill and the House amendment, the NCTC would be the
primary Executive Branch organization for counterterrorism
intelligence and strategic operational planning.
Security Clearances and FBI Restructuring. The conference
report rationalizes the Executive Branch's security clearance
process, which currently cannot satisfy the demand for
clearances in government and the private sector. Merging
visions articulated in the Senate bill and the House amendment,
the conference report seeks to bring greater efficiency, speed,
and interagency reciprocity to the security clearance process
while maintaining the highest standards. Finally, the
conference report contains a series of provisions, taken from
the Senate bill and the House amendment, to restructure and
buttress the FBI's intelligence capability.
Information Sharing. In order to help the government
better ``connect the dots,'' the conference report requires
that the President establish an Information Sharing Environment
to facilitate the sharing of terrorism information, through the
use of policy guidelines and technologies.
Other issues
Intelligence reorganization, while critical, is only one
part of the larger task of protecting the United States against
terrorism and combating the root causes of terrorism. Indeed,
the transnational threat of terrorism cuts across a disparate
array of issues: e.g., diplomacy, economic development,
immigration, and transportation. Thus the conference report
focuses not only on intelligence reform but also on a spectrum
of other reforms designed to protect Americans.
Foreign Relations. The conference report has a number of
provisions concerning relations between the United States and
key Middle Eastern and South Asian countries as well as to
improve the manner in which the United States conducts its
foreign relations. For example, the conference report attempts
to improve U.S. public diplomacy, educational and cultural
exchange programs, and foreign media outreach in order to build
good will and promote democracy and prosperity in the Middle
East. The conference report also includes provisions designed
to strengthen United States policy to develop and implement a
strategy to eliminate terrorist sanctuaries.
Transportation Security. The conference report blends
House and Senate language on similar concerns. The conference
report requires a national transportation security strategy,
improves the use of passenger watchlists, and otherwise
enhances the safety of aviation and other forms of travel.
Additionally, the conference report includes House provisions
relating to the use of biometric technology to regulate access
to secure areas of airports and Senate provisions relating to
air cargo and general aviation security.
Terrorist Travel and Effective Screening. These sections
include an array of measures to disrupt terrorist travel and
intercept terrorists. For instance, the conference report would
improve intelligence collection and analysis on terrorist
travel. Also, it would tighten security standards for key
identification documents including driver's licenses, birth
certificates, and social security numbers.
Border Protection, Immigration, and Visa Matters. These
provisions are designed to enhance security of U.S. borders and
the enforcement of border and immigration laws. For example,
the conference report blends House and Senate provisions that
call for an increase in the number of full-time border patrol
agents. The conference report also includes Senate provisions
that permit the Secretary of Homeland Security to carry out a
pilot program to test advanced technologies that will improve
border security between ports of entry along the northern
border of the United States. And it includes a House provision
that increases detention bed space available for immigration
detention and removal.
Terrorism Prevention. These sections include measures to
provide additional enforcement tools against terrorist
activity, e.g. money laundering and terrorist financing laws.
The conference report adopts a House provision to amend the
Foreign Intelligence Surveillance Act concerning ``lone wolf''
terrorists; a similar provision had previously passed the
Senate.
Diplomacy, Foreign Aid, and the Military in the War on
Terrorism. In these provisions, the conference report guides
the Executive Branch concerning the use of all elements of
national power--including diplomacy, military action,
intelligence, law enforcement, economic policy, foreign aid,
public diplomacy, and homeland defense--to win the war on
terrorism. The conference report adopts Senate language on
U.S.-Saudi relations and efforts to combat Islamist terrorism.
In addition, it includes House language on terrorist
sanctuaries and U.S. assistance to Afghanistan and Pakistan.
National Preparedness. The conference report consolidates
several sections on the Incident Command System and
interoperable communications from the Senate bill and the House
amendment. It includes a Senate provision authorizing mutual
aid for first responders in the National Capital Region.
Civil liberties and privacy
The conference report creates a Privacy and Civil
Liberties Oversight Board that is charged with ensuring that
privacy and civil liberties concerns are appropriately
considered in the implementation of laws, regulations, and
policies of the government related to efforts to protect the
Nation against terrorism. The conference report also expresses
a sense of the Congress that a civil liberties and privacy
officer should be designated for each department and agency
that carries out law enforcement or anti-terrorism functions.
The task of protecting the United States against
terrorism poses a daunting challenge. This conference report is
a significant step in the right direction for America.
Peter Hoekstra,
David Dreier,
Henry Hyde,
Duncan Hunter,
Jane Harman,
Robert Menendez,
Ike Skelton,
Managers on the Part of the House.
Susan M. Collins,
Joe Lieberman,
Trent Lott,
Richard J. Durbin,
Mike DeWine,
Pat Roberts,
John D. Rockefeller, IV,
George V. Voinovich,
John E. Sununu,
Bob Graham,
Frank R. Lautenberg,
Norm Coleman,
Managers on the Part of the Senate.