[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 10 ]

                         VOLUME 1 OF 2 VOLUMES


                                                 Union Calendar No. 453
108th CONGRESS
  2d Session
                                 H. R. 10

           [Report No. 108-724, Parts I, II, III, IV, and V]

    To provide for reform of the intelligence community, terrorism 
    prevention and prosecution, border security, and international 
         cooperation and coordination, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2004

Mr. Hastert (for himself, Mr. DeLay, Mr. Blunt, Ms. Pryce of Ohio, Mr. 
  Hoekstra, Mr. Hunter, Mr. Young of Florida, Mr. Sensenbrenner, Mr. 
 Hyde, Mr. Tom Davis of Virginia, Mr. Oxley, Mr. Dreier, Mr. Cox, Mr. 
     Thomas, Mr. Nussle, Mr. Boehner, and Mr. Smith of New Jersey) 
    introduced the following bill; which was referred to the Select 
 Committee on Intelligence (Permanent Select), and in addition to the 
 Committees on Armed Services, Education and the Workforce, Energy and 
    Commerce, Financial Services, Government Reform, International 
     Relations, the Judiciary, Rules, Science, Transportation and 
  Infrastructure, Ways and Means, and Select Homeland Security, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                            October 4, 2004

 Reported from the Permanent Select Committee on Intelligence with an 
                               amendment
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]

                            October 4, 2004

     Reported from the Committee on Armed Services with amendments
 [Omit the part struck through in brackets and insert the part printed 
                               in italic]

                            October 4, 2004

  Reported from the Committee on Financial Services with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                          in boldface italic]

                            October 4, 2004

 Referral to the Committees on Education and the Workforce, Energy and 
 Commerce, Government Reform, International Relations, the Judiciary, 
Rules, Science, Transportation and Infrastructure, Ways and Means, and 
the Select Committee on Homeland Security extended for a period ending 
                     not later than October 5, 2004

                            October 5, 2004

   Reported from the Committee on Government Reform with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                     in italic in bold parentheses]

                            October 5, 2004

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                  in boldface roman in bold brackets]

                            October 5, 2004

Additional sponsors: Mr. Burr, Mr. Green of Wisconsin, Mr. McInnis, Mr. 
  Goodlatte, Mr. Issa, Mr. Pickering, Mr. Sessions, Mr. Gingrey, Mrs. 
                  Miller of Michigan, and Mr. Ramstad

                            October 5, 2004

    Committees on Education and the Workforce, Energy and Commerce, 
      International Relations, Rules, Science, Transportation and 
 Infrastructure, Ways and Means, and the Select Committee on Homeland 
 Security discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
    To provide for reform of the intelligence community, terrorism 
    prevention and prosecution, border security, and international 
         cooperation and coordination, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

(SECTION 1. SHORT TITLE.

    (This Act may be cited as the ``9/11 Recommendations Implementation 
Act''.

(SEC. 2. TABLE OF CONTENTS.

    (The table of contents for this Act is as follows:

<star>Sec. 1. Short title.
<star>Sec. 2. Table of contents.

          <star>TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

<star>Sec. 1001. Short title.

   <star>Subtitle A--Establishment of National Intelligence Director

<star>Sec. 1011. Reorganization and improvement of management of 
                            intelligence community.
<star>Sec. 1012. Revised definition of national intelligence.
<star>Sec. 1013. Joint procedures for operational coordination between 
                            Department of Defense and Central 
                            Intelligence Agency.
<star>Sec. 1014. Role of National Intelligence Director in appointment 
                            of certain officials responsible for 
                            intelligence-related activities.
<star>Sec. 1015. Initial appointment of the National Intelligence 
                            Director.
<star>Sec. 1016. Executive schedule matters.

<star>Subtitle B--National counterterrorism Center and Civil Liberties 
                              Protections

<star>Sec. 1021. National counterterrorism Center.
<star>Sec. 1022. Civil Liberties Protection Officer.

         <star>Subtitle C--Joint Intelligence Community Council

<star>Sec. 1031. Joint Intelligence Community Council.

      <star>Subtitle D--Improvement of Human Intelligence (HUMINT)

<star>Sec. 1041. Human intelligence as an increasingly critical 
                            component of the intelligence community.
<star>Sec. 1042. Improvement of human intelligence capacity.

    <star>Subtitle E--Improvement of Education for the Intelligence 
                               Community

<star>Sec. 1051. Modification of obligated service requirements under 
                            National Security Education Program.
<star>Sec. 1052. Improvements to the National Flagship Language 
                            Initiative.
<star>Sec. 1053. Establishment of scholarship program for English 
                            language studies for heritage community 
                            citizens of the United States within the 
                            National Security Education Program.
<star>Sec. 1054. Sense of Congress with respect to language and 
                            education for the intelligence community; 
                            reports.
<star>Sec. 1055. Advancement of foreign languages critical to the 
                            intelligence community.
<star>Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
<star>Sec. 1057. Codification of establishment of the National Virtual 
                            Translation Center.
<star>Sec. 1058. Report on recruitment and retention of qualified 
                            instructors of the Defense Language 
                            Institute.

  <star>Subtitle F--Additional Improvements of Intelligence Activities

<star>Sec. 1061. Permanent extension of Central Intelligence Agency 
                            Voluntary Separation Incentive Program.
<star>Sec. 1062. National Security Agency Emerging Technologies Panel.

           <star>Subtitle G--Conforming and Other Amendments

<star>Sec. 1071. Conforming amendments relating to roles of National 
                            Intelligence Director and Director of the 
                            Central Intelligence Agency.
<star>Sec. 1072. Other conforming amendments.
<star>Sec. 1073. Elements of intelligence community under National 
                            Security Act of 1947.
<star>Sec. 1074. Redesignation of National Foreign Intelligence Program 
                            as National Intelligence Program. 
<star>Sec. 1075. Repeal of superseded authorities.
<star>Sec. 1076. Clerical amendments to National Security Act of 1947.
<star>Sec. 1077. Conforming amendments relating to prohibiting dual 
                            service of the Director of the Central 
                            Intelligence Agency.
<star>Sec. 1078. Access to Inspector General protections.
<star>Sec. 1079. General references.
<star>Sec. 1080. Application of other laws.

     <star>Subtitle H--Transfer, Termination, Transition and Other 
                               Provisions

<star>Sec. 1091. Transfer of community management staff.
<star>Sec. 1092. Transfer of terrorist threat integration center.
<star>Sec. 1093. Termination of positions of Assistant Directors of 
                            Central Intelligence.
<star>Sec. 1094. Implementation plan.
<star>Sec. 1095. Transitional authorities.
<star>Sec. 1096. Effective dates.

          <star>TITLE II--TERRORISM PREVENTION AND PROSECUTION

  <star>Subtitle A--Individual Terrorists as Agents of Foreign Powers

<star>Sec. 2001. Individual terrorists as agents of foreign powers.

    <star>Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004

<star>Sec. 2021. Short title.
<star>Sec. 2022. Hoaxes and recovery costs.
<star>Sec. 2023. Obstruction of justice and false statements in 
                            terrorism cases.
<star>Sec. 2024. Clarification of definition.

<star>Subtitle C--Material Support to Terrorism Prohibition Enhancement 
                              Act of 2004

<star>Sec. 2041. Short title.
<star>Sec. 2042. Receiving military-type training from a foreign 
                            terrorist organization.
<star>Sec. 2043. Providing material support to terrorism.
<star>Sec. 2044. Financing of terrorism.

 <star>Subtitle D--Weapons of Mass Destruction Prohibition Improvement 
                              Act of 2004

<star>Sec. 2051. Short title.
<star>Sec. 2052. Weapons of mass destruction.
<star>Sec. 2053. Participation in nuclear and weapons of mass 
                            destruction threats to the United States.

       <star>Subtitle E--Money Laundering and Terrorist Financing

<star>Chapter 1--Funding to Combat Financial Crimes Including Terrorist 
                               Financing

<star>Sec. 2101. Additional authorization for FinCEN.
<star>Sec. 2102. Money laundering and financial crimes strategy 
                            reauthorization.

<star>Chapter 2--Enforcement Tools to Combat Financial Crimes Including 
                          Terrorist Financing

     <star>subchapter a--money laundering abatement and financial 
                  antiterrorism technical corrections
<star>Sec. 2111. Short title.
<star>Sec. 2112. Technical corrections to Public Law 107-56.
<star>Sec. 2113. Technical corrections to other provisions of law.
<star>Sec. 2114. Repeal of review.
<star>Sec. 2<star>subchapter b--additional enforcement tools
<star>Sec. 2121. Bureau of Engraving and Printing security printing.
<star>Sec. 2122. Conduct in aid of counterfeiting.

          <star>Subtitle F--Criminal History Background Checks

<star>Sec. 2141. Short title.
<star>Sec. 2142. Criminal history information checks.

  <star>Subtitle G--Protection of United States Aviation System from 
                           Terrorist Attacks

<star>Sec. 2171. Provision for the use of biometric or other 
                            technology.
<star>Sec. 2172. Transportation security strategic planning.
<star>Sec. 2173. Next generation airline passenger prescreening.
<star>Sec. 2174. Deployment and use of explosive detection equipment at 
                            airport screening checkpoints.
<star>Sec. 2175. Pilot program to evaluate use of blast-resistant cargo 
                            and baggage containers.
<star>Sec. 2176. Air cargo screening technology.
<star>Sec. 2177. Airport checkpoint screening explosive detection.
<star>Sec. 2178. Next generation security checkpoint.
<star>Sec. 2179. Penalty for failure to secure cockpit door.
<star>Sec. 2180. Federal air marshal anonymity.
<star>Sec. 2181. Federal law enforcement in-flight counterterrorism 
                            training.
<star>Sec. 2182. Federal flight deck officer weapon carriage pilot 
                            program.
<star>Sec. 2183. Registered traveler program.
<star>Sec. 2184. Wireless communication.
<star>Sec. 2185. Secondary flight deck barriers.
<star>Sec. 2186. Extension.
<star>Sec. 2187. Perimeter Security.
<star>Sec. 2188. Definitions.

                    <star>Subtitle H--Other Matters

<star>Sec. 2191. Grand jury information sharing.
<star>Sec. 2192. Interoperable law enforcement and intelligence data 
                            system.
<star>Sec. 2193. Improvement of intelligence capabilities of the 
                            Federal Bureau of Investigation.

         <star>TITLE III--BORDER SECURITY AND TERRORIST TRAVEL

     <star>Subtitle A--Immigration Reform in the National Interest

                  <star>Chapter 1--General Provisions

<star>Sec. 3001. Eliminating the ``Western Hemisphere'' exception for 
                            citizens.
<star>Sec. 3002. Modification of waiver authority with respect to 
                            documentation requirements for nationals of 
                            foreign contiguous territories and adjacent 
                            islands.
<star>Sec. 3003. Increase in full-time border patrol agents.
<star>Sec. 3004. Increase in full-time immigration and customs 
                            enforcement investigators.
<star>Sec. 3005. Alien identification standards.
<star>Sec. 3006. Expedited removal.
<star>Sec. 3007. Preventing terrorists from obtaining asylum.
<star>Sec. 3008. Revocation of visas and other travel documentation.
<star>Sec. 3009. Judicial review of orders of removal.

 <star>Chapter 2--Deportation of Terrorists and Supporters of Terrorism

<star>Sec. 3031. Expanded inapplicability of restriction on removal.
<star>Sec. 3032. Exception to restriction on removal for terrorists and 
                            criminals.
<star>Sec. 3033. Additional removal authorities.

             <star>Subtitle B--Identity Management Security

 <star>Chapter 1--Improved Security for Drivers' Licenses and Personal 
                          Identification Cards

<star>Sec. 3051. Definitions.
<star>Sec. 3052. Minimum document requirements and issuance standards 
                            for Federal recognition.
<star>Sec. 3053. Linking of databases.
<star>Sec. 3054. Trafficking in authentication features for use in 
                            false identification documents.
<star>Sec. 3055. Grants to States.
<star>Sec. 3056. Authority.

       <star>Chapter 2--Improved Security for Birth Certificates

<star>Sec. 3061. Definitions.
<star>Sec. 3062. Applicability of minimum standards to local 
                            governments.
<star>Sec. 3063. Minimum standards for Federal recognition.
<star>Sec. 3064. Establishment of electronic birth and death 
                            registration systems.
<star>Sec. 3065. Electronic verification of vital events.
<star>Sec. 3066. Grants to States.
<star>Sec. 3067. Authority.

 <star>Chapter 3--Measures To Enhance Privacy and Integrity of Social 
                        Security Account Numbers

<star>Sec. 3071. Prohibition of the display of social security account 
                            numbers on driver's licenses or motor 
                            vehicle registrations.
<star>Sec. 3072. Independent verification of birth records provided in 
                            support of applications for social security 
                            account numbers.
<star>Sec. 3073. Enumeration at birth.
<star>Sec. 3074. Study relating to use of photographic identification 
                            in connection with applications for 
                            benefits, social security account numbers, 
                            and social security cards.
<star>Sec. 3075. Restrictions on issuance of multiple replacement 
                            social security cards.
<star>Sec. 3076. Study relating to modification of the social security 
                            account numbering system to show work 
                            authorization status.

              <star>Subtitle C--Targeting Terrorist Travel

<star>Sec. 3081. Studies on machine-readable passports and travel 
                            history database.
<star>Sec. 3082. Expanded preinspection at foreign airports.
<star>Sec. 3083. Immigration security initiative.
<star>Sec. 3084. Responsibilities and functions of consular officers.
<star>Sec. 3085. Increase in penalties for fraud and related activity.
<star>Sec. 3086. Criminal penalty for false claim to citizenship.
<star>Sec. 3087. Antiterrorism assistance training of the Department of 
                            State.
<star>Sec. 3088. International agreements to track and curtail 
                            terrorist travel through the use of 
                            fraudulently obtained documents.
<star>Sec. 3089. International standards for translation of names into 
                            the Roman alphabet for international travel 
                            documents and name-based watchlist systems.
<star>Sec. 3090. Biometric entry and exit data system.
<star>Sec. 3091. Enhanced responsibilities of the Coordinator for 
                            counterterrorism.
<star>Sec. 3092. Establishment of Office of Visa and Passport Security 
                            in the Department of State.

                   <star>Subtitle D--Terrorist Travel

<star>Sec. 3101. Information sharing and coordination.
<star>Sec. 3102. Terrorist travel program.
<star>Sec. 3103. Training program.
<star>Sec. 3104. Technology acquisition and dissemination plan.

            <star>Subtitle E--Maritime Security Requirements

<star>Sec. 3111. Deadlines for implementation of maritime security 
                            requirements.

       <star>TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION

      <star>Subtitle A--Attack Terrorists and Their Organizations

     <star>Chapter 1--Provisions Relating to Terrorist Sanctuaries

<star>Sec. 4001. United States policy on terrorist sanctuaries.
<star>Sec. 4002. Reports on terrorist sanctuaries.
<star>Sec. 4003. Amendments to existing law to include terrorist 
                            sanctuaries.

                   <star>Chapter 2--Other Provisions

<star>Sec. 4011. Appointments to fill vacancies in Arms Control and 
                            Nonproliferation Advisory Board.
<star>Sec. 4012. Review of United States policy on proliferation of 
                            weapons of mass destruction and control of 
                            strategic weapons.
<star>Sec. 4013. International agreements to interdict acts of 
                            international terrorism.
<star>Sec. 4014. Effective Coalition approach toward detention and 
                            humane treatment of captured terrorists.
<star>Sec. 4015. Sense of Congress and report regarding counter-drug 
                            efforts in Afghanistan.

      <star>Subtitle B--Prevent the Continued Growth of Terrorism

            <star>Chapter 1--United States Public Diplomacy

<star>Sec. 4021. Annual review and assessment of public diplomacy 
                            strategy.
<star>Sec. 4022. Public diplomacy training.
<star>Sec. 4023. Promoting direct exchanges with Muslim countries.
<star>Sec. 4024. Public diplomacy required for promotion in Foreign 
                            Service.

         <star>Chapter 2--United States Multilateral Diplomacy

<star>Sec. 4031. Purpose.
<star>Sec. 4032. Support and expansion of democracy caucus.
<star>Sec. 4033. Leadership and membership of international 
                            organizations.
<star>Sec. 4034. Increased training in multilateral diplomacy.
<star>Sec. 4035. Implementation and establishment of Office on 
                            Multilateral Negotiations.

                   <star>Chapter 3--Other Provisions

<star>Sec. 4041. Pilot program to provide grants to American-sponsored 
                            schools in predominantly Muslim countries 
                            to provide scholarships.
<star>Sec. 4042. Enhancing free and independent media.
<star>Sec. 4043. Combating biased or false foreign media coverage of 
                            the United States.
<star>Sec. 4044. Report on broadcast outreach strategy.
<star>Sec. 4045. Office relocation.
<star>Sec. 4046. Strengthening the Community of Democracies for Muslim 
                            countries.

     <star>Subtitle C--Reform of Designation of Foreign Terrorist 
                             Organizations

<star>Sec. 4051. Designation of foreign terrorist organizations.
<star>Sec. 4052. Inclusion in annual Department of State country 
                            reports on terrorism of information on 
                            terrorist groups that seek weapons of mass 
                            destruction and groups that have been 
                            designated as foreign terrorist 
                            organizations.

  <star>Subtitle D--Afghanistan Freedom Support Act Amendments of 2004

<star>Sec. 4061. Short title.
<star>Sec. 4062. Coordination of assistance for Afghanistan.
<star>Sec. 4063. General provisions relating to the Afghanistan Freedom 
                            Support Act of 2002.
<star>Sec. 4064. Rule of law and related issues.
<star>Sec. 4065. Monitoring of assistance.
<star>Sec. 4066. United States policy to support disarmament of private 
                            militias and to support expansion of 
                            international peacekeeping and security 
                            operations in Afghanistan.
<star>Sec. 4067. Efforts to expand international peacekeeping and 
                            security operations in Afghanistan.
<star>Sec. 4068. Provisions relating to counternarcotics efforts in 
                            Afghanistan.
<star>Sec. 4069. Additional amendments to the Afghanistan Freedom 
                            Support Act of 2002.
<star>Sec. 4070. Repeal.

   <star>Subtitle E--Provisions Relating to Saudi Arabia and Pakistan

<star>Sec. 4081. New United States strategy for relationship with Saudi 
                            Arabia.
<star>Sec. 4082. United States commitment to the future of Pakistan.
<star>Sec. 4083. Extension of Pakistan waivers.

                 <star>Subtitle F--Oversight Provisions

<star>Sec. 4091. Case-Zablocki Act requirements.

  <star>Subtitle G--Additional Protections of United States Aviation 
                     System from Terrorist Attacks

<star>Sec. 4101. International agreements to allow maximum deployment 
                            of Federal flight deck officers.
<star>Sec. 4102. Federal air marshal training.
<star>Sec. 4103. Man-portable air defense systems (MANPADS).

<star>Subtitle H--Improving International Standards and Cooperation to 
                       Fight Terrorist Financing

<star>Sec. 4111. Sense of the Congress regarding success in 
                            multilateral organizations.
<star>Sec. 4112. Expanded reporting requirement for the Secretary of 
                            the Treasury.
<star>Sec. 4113. International Terrorist Finance Coordinating Council.
<star>Sec. 4114. Definitions.

                <star>TITLE V--GOVERNMENT RESTRUCTURING

   <star>Subtitle A--Faster and Smarter Funding for First Responders

<star>Sec. 5001. Short title.
<star>Sec. 5002. Findings.
<star>Sec. 5003. Faster and smarter funding for first responders.
<star>Sec. 5004. Modification of homeland security advisory system.
<star>Sec. 5005. Coordination of industry efforts.
<star>Sec. 5006. Superseded provision.
<star>Sec. 5007. Sense of Congress regarding interoperable 
                            communications.
<star>Sec. 5008. Sense of Congress regarding citizen corps councils.
<star>Sec. 5009. Study regarding nationwide emergency notification 
                            system.
<star>Sec. 5010. Required coordination.

         <star>Subtitle B--Government Reorganization Authority

<star>Sec. 5021. Authorization of intelligence community reorganization 
                            plans.

<star>Subtitle C--Restructuring Relating to the Department of Homeland 
                  Security and Congressional Oversight

<star>Sec. 5025. Responsibilities of counternarcotics Office.
<star>Sec. 5026. Use of counternarcotics enforcement activities in 
                            certain employee performance appraisals.
<star>Sec. 5027. Sense of the House of Representatives on addressing 
                            homeland security for the American people.

         <star>Subtitle D--Improvements to Information Security

<star>Sec. 5031. Amendments to Clinger-Cohen provisions to enhance 
                            agency planning for information security 
                            needs.

          <star>Subtitle E--Personnel Management Improvements

              <star>Chapter 1--Appointments Process Reform

<star>Sec. 5041. Appointments to national security positions.
<star>Sec. 5042. Presidential inaugural transitions.
<star>Sec. 5043. Public financial disclosure for the intelligence 
                            community.
<star>Sec. 5044. Reduction of positions requiring appointment with 
                            Senate confirmation.
<star>Sec. 5045. Effective dates.

    <star>Chapter 2--Federal Bureau of Investigation Revitalization

<star>Sec. 5051. Mandatory separation age.
<star>Sec. 5052. Retention and relocation bonuses.
<star>Sec. 5053. Federal Bureau of Investigation Reserve Service.
<star>Sec. 5054. Critical positions in the Federal Bureau of 
                            Investigation intelligence directorate.

                 <star>Chapter 3--Reporting Requirement

<star>Sec. 5061. Reporting requirement.

           <star>Subtitle F--Security Clearance Modernization

<star>Sec. 5071. Definitions.
<star>Sec. 5072. Security clearance and investigative programs 
                            oversight and administration.
<star>Sec. 5073. Reciprocity of security clearance and access 
                            determinations.
<star>Sec. 5074. Establishment of national database.
<star>Sec. 5075. Use of available technology in clearance 
                            investigations.
<star>Sec. 5076. Reduction in length of personnel security clearance 
                            process.
<star>Sec. 5077. Security clearances for presidential transition.
<star>Sec. 5078. Reports.

           <star>Subtitle G--Emergency Financial Preparedness

<star>Sec. 5081. Delegation authority of the Secretary of the Treasury.
<star>Sec. 5082. Extension of emergency order authority of the 
                            securities and exchange commission.
<star>Sec. 5083. Parallel authority of the Secretary of the Treasury 
                            with respect to government securities.

                    <star>Subtitle H--Other Matters

                    <star>Chapter 1--Privacy Matters

<star>Sec. 5091. Requirement that agency rulemaking take into 
                            consideration impacts on individual 
                            privacy.
<star>Sec. 5092. Chief privacy officers for agencies with law 
                            enforcement or anti-terrorism functions.

         <star>Chapter 2--Mutual Aid and Litigation Management

<star>Sec. 5101. Short title.
<star>Sec. 5102. Mutual aid authorized.
<star>Sec. 5103. Litigation management agreements.
<star>Sec. 5104. Additional provisions.
<star>Sec. 5105. Definitions.

                 <star>Chapter 3--Miscellaneous Matters

<star>Sec. 5131. Enhancement of public safety communications 
                            interoperability.
<star>Sec. 5132. Sense of Congress regarding the incident command 
                            system.
<star>Sec. 5133. Sense of Congress regarding United States Northern 
                            Command plans and strategies.
<star>Sec. 5134. Information sharing.

             (TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

(SEC. 1001. SHORT TITLE.

    (This title may be cited as the ``National Security Intelligence 
Improvement Act of 2004''.

      (Subtitle A--Establishment of National Intelligence Director

(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:

                   (``national intelligence director

    (``Sec. 102. (a) National Intelligence Director.--(1) There is a 
National Intelligence Director who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    (``(2) The National Intelligence Director 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 National Intelligence 
Director 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) through the heads of the departments containing 
        elements of the intelligence community, and the Central 
        Intelligence Agency, manage and oversee the execution of the 
        National Intelligence Program and direct the National 
        Intelligence Program.
    (``(c) Prohibition on Dual Service.--The individual serving in the 
position of National Intelligence Director 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 national intelligence 
                                director

    (``Sec. 102A. (a) Provision of Intelligence.--(1) Under the 
direction of the President, the National Intelligence Director 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) where appropriate, to the Senate and House of 
        Representatives and the committees thereof; and
            (``(E) to such other persons as the National Intelligence 
        Director 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.--To the extent approved by the 
President, the National Intelligence Director 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 National 
Intelligence Director.
    (``(c) Budget Authorities.--(1)(A) The National Intelligence 
Director shall develop and present to the President on an annual basis 
a budget for intelligence and intelligence-related activities of the 
United States.
    (``(B) In carrying out subparagraph (A) for any fiscal year for the 
components of the budget that comprise the National Intelligence 
Program, the National Intelligence Director shall provide guidance to 
the heads of departments containing elements of the intelligence 
community, and to the heads of the elements of the intelligence 
community, for development of budget inputs to the National 
Intelligence Director.
    (``(2)(A) The National Intelligence Director 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 National Intelligence Director 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.
    (``(3) In carrying out paragraphs (1) and (2), the National 
Intelligence Director may, as appropriate, obtain the advice of the 
Joint Intelligence Community Council.
    (``(4) The National Intelligence Director shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
    (``(5)(A) The National Intelligence Director shall facilitate the 
management and execution of funds appropriated for the National 
Intelligence Program.
    (``(B) Notwithstanding any other provision of law, in receiving 
funds pursuant to relevant appropriations Acts for the National 
Intelligence Program, the Office of Management and Budget shall 
apportion funds appropriated for the National Intelligence Program to 
the National Intelligence Director for allocation to the elements of 
the intelligence community through the host executive departments that 
manage programs and activities that are part of the National 
Intelligence Program.
    (``(C) The National Intelligence Director 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, as necessary and 
feasible.
    (``(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 National Intelligence Director shall provide a 
quarterly report, beginning April 1, 2005, and ending April 1, 2007, to 
the President and the Congress regarding implementation of this 
section.
    (``(B) The National Intelligence Director shall report to the 
President and the Congress not later than 5 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 National 
Intelligence Director, in carrying out the National Intelligence 
Program.
    (``(d) Role of National Intelligence Director in Reprogramming.--
(1) No funds made available under the National Intelligence Program may 
be transferred or reprogrammed without the prior approval of the 
National Intelligence Director, except in accordance with procedures 
prescribed by the National Intelligence Director.
    (``(2) The Secretary of Defense shall consult with the National 
Intelligence Director before transferring or reprogramming funds made 
available under the Joint Military Intelligence Program.
    (``(e) Transfer of Funds or Personnel Within National Intelligence 
Program.--(1) In addition to any other authorities available under law 
for such purposes, the National Intelligence Director, with the 
approval of the Director of the Office of Management and Budget--
            (``(A) may transfer funds appropriated for a program within 
        the National Intelligence Program to another such program; and
            (``(B) in accordance with procedures to be developed by the 
        National Intelligence Director 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 periods up to one year.
    (``(2) The amounts available for transfer in the National 
Intelligence Program in any given fiscal year, and the terms and 
conditions governing such transfers, are subject to the provisions of 
annual appropriations Acts and this subsection.
    (``(3)(A) A transfer of funds or personnel may be made under this 
subsection only if--
            (``(i) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            (``(ii) the need for funds or personnel for such activity 
        is based on unforeseen requirements;
            (``(iii) the transfer does not involve a transfer of funds 
        to the Reserve for Contingencies of the Central Intelligence 
        Agency;
            (``(iv) in the case of a transfer of funds, the transfer 
        results in a cumulative transfer 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 $100,000,000, 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 does not terminate a program.
    (``(B) A transfer 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 or agency involved. 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.
    (``(4) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to which 
transferred.
    (``(5) Any transfer 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 for which notice is given to the appropriate 
congressional committees shall be accompanied by a report explaining 
the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the congressional 
intelligence committees shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any case in which the 
transfer would not have otherwise required reprogramming notification 
under procedures in effect as of the date of the enactment of this 
subsection.
    (``(6)(A) The National Intelligence Director shall promptly submit 
to--
            (``(i) the congressional intelligence committees,
            (``(ii) in the case of the transfer of personnel to or from 
        the Department of Defense, the Committee on Armed Services of 
        the Senate and the Committee on Armed Services of 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,
    (a report on any transfer of personnel made pursuant to this 
subsection.
    (``(B) The Director shall include in any such report an explanation 
of the nature of the transfer and how it satisfies the requirements of 
this subsection.
    (``(f) Tasking and Other Authorities.--(1)(A) The National 
Intelligence Director shall--
            (``(i) develop collection 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 and establish 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 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 National Intelligence Director 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 National Intelligence Director; 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 National Intelligence Director shall oversee the 
National counterterrorism Center and may establish such other national 
intelligence centers as the Director determines necessary.
    (``(3)(A) The National Intelligence Director shall prescribe 
community-wide personnel policies that--
            (``(i) facilitate assignments across community elements and 
        to the intelligence centers;
            (``(ii) establish overarching standards for intelligence 
        education and training; and
            (``(iii) promote the most effective analysis and collection 
        of intelligence by ensuring a diverse workforce, including the 
        recruitment and training of women, minorities, and individuals 
        with diverse, ethnic, and linguistic backgrounds.
    (``(B) In developing the policies prescribed under subparagraph 
(A), the National Intelligence Director shall consult with the heads of 
the departments containing the elements of the intelligence community.
    (``(C) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable to 
members of the uniformed services.
    (``(4) The National Intelligence Director 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 National Intelligence Director shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
    (``(6) The National Intelligence Director shall perform such other 
functions as the President may direct.
    (Nothing in this Act shall be construed as affecting the role of 
the Department of Justice or the Attorney General with respect to 
applications under the Foreign Intelligence Surveillance Act of 1978.
    (``(g) Intelligence Information Sharing.--(1) The National 
Intelligence Director shall have principal authority to ensure maximum 
availability of and access to intelligence information within the 
intelligence community consistent with national security requirements. 
The National Intelligence Director 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; and
            (``(D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence information 
        and the need to protect intelligence sources and methods.
    (``(2) The President shall ensure that the National Intelligence 
Director 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 National 
Intelligence Director or the National counterterrorism Center.
    (``(4) Not later than February 1 of each year, the National 
Intelligence Director 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.--(1) The National Intelligence Director shall 
ensure that all elements of the intelligence community strive for the 
most accurate analysis of intelligence derived from all sources to 
support national security needs.
    (``(2) The National Intelligence Director shall ensure that 
intelligence analysis generally receives the highest priority when 
distributing resources within the intelligence community and shall 
carry out duties under this subsection in a manner that--
            (``(A) develops all-source analysis techniques;
            (``(B) ensures competitive analysis;
            (``(C) ensures that differences in judgment are fully 
        considered and brought to the attention of policymakers; and
            (``(D) builds relationships between intelligence collectors 
        and analysts to facilitate greater understanding of the needs 
        of analysts.
    (``(i) Protection of Intelligence Sources and Methods.--(1) In 
order to protect intelligence sources and methods from unauthorized 
disclosure and, consistent with that protection, to maximize the 
dissemination of intelligence, the National Intelligence Director shall 
establish and implement guidelines for the intelligence community for 
the following purposes:
            (``(A) Classification of information.
            (``(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.
    (``(2) The Director may only delegate a duty or authority given the 
Director under this subsection to the Deputy National Intelligence 
Director.
    (``(j) Uniform Procedures for Sensitive Compartmented 
Information.--The President, acting through the National Intelligence 
Director, 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 National Intelligence 
Director shall oversee the coordination of the relationships between 
elements of the intelligence community and the intelligence or security 
services of foreign governments on all matters involving intelligence 
related to the national security or involving intelligence acquired 
through clandestine means.
    (``(l) Enhanced Personnel Management.--(1)(A) The National 
Intelligence Director 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 National Intelligence Director;
            (``(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 National 
Intelligence Director 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 National Intelligence Director 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 that involve service in 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) This subsection shall not apply with respect to personnel 
of the elements of the intelligence community who are members of the 
uniformed services or law enforcement officers (as that term is defined 
in section 5541(3) of title 5, United States Code).
    (``(B) Assignment to the Office of the National Intelligence 
Director 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 National 
Intelligence Director may exercise with respect to the personnel of the 
Office of the National Intelligence Director 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 
National Intelligence Director shall have the same rights and 
protections under the Office of the National Intelligence Director 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 National 
Intelligence Director may exercise the acquisition authorities referred 
to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
seq.).
    (``(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 National Intelligence Director or the Deputy 
National Intelligence Director.
    (``(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 National 
Intelligence Director or the Deputy National Intelligence Director may, 
in such official's discretion, delegate to any officer or other 
official of the Office of the National Intelligence Director 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 National Intelligence Director 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 
National Intelligence Director for a period of at least six years 
following the date of such determination or decision.
    (``(o) Consideration of Views of Elements of the Intelligence 
Community.--In carrying out the duties and responsibilities under this 
section, the National Intelligence Director 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.

            (``office of the national intelligence director

    (``Sec. 103. (a) Establishment of Office; Function.--(1) There is 
an Office of the National Intelligence Director. The Office of the 
National Intelligence Director shall not be located within the 
Executive Office of the President.
    (``(2) The function of the Office is to assist the National 
Intelligence Director in carrying out the duties and responsibilities 
of the Director under this Act and to carry out such other duties as 
may be prescribed by the President or by law.
    (``(3) Any authority, power, or function vested by law in any 
officer, employee, or part of the Office of the National Intelligence 
Director is vested in, or may be exercised by, the National 
Intelligence Director.
    (``(4) Exemptions, exceptions, and exclusions for the Central 
Intelligence Agency or for personnel, resources, or activities of such 
Agency from otherwise applicable laws, other than the exception 
contained in section 104A(c)(1) shall apply in the same manner to the 
Office of the National Intelligence Director and the personnel, 
resources, or activities of such Office.
    (``(b) Office of National Intelligence Director.--(1) The Office of 
the National Intelligence Director is composed of the following:
            (``(A) The National Intelligence Director.
            (``(B) The Deputy National Intelligence Director.
            (``(C) The Deputy National Intelligence Director for 
        Operations.
            (``(D) The Deputy National Intelligence Director for 
        Community Management and Resources.
            (``(E) The Associate National Intelligence Director for 
        Military Support.
            (``(F) The Associate National Intelligence Director for 
        Domestic Security.
            (``(G) The Associate National Intelligence Director for 
        Diplomatic Affairs.
            (``(H) The National Intelligence Council.
            (``(I) The General Counsel to the National Intelligence 
        Director.
            (``(J) Such other offices and officials as may be 
        established by law or the National Intelligence Director may 
        establish or designate in the Office.
    (``(2) To assist the National Intelligence Director in fulfilling 
the duties and responsibilities of the Director, the Director shall 
employ and utilize in the Office of the National Intelligence Director 
a staff having expertise in matters relating to such duties and 
responsibilities and may establish permanent positions and appropriate 
rates of pay with respect to such staff.
    (``(c) Deputy National Intelligence Director.--(1) There is a 
Deputy National Intelligence Director who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (``(2) The Deputy National Intelligence Director shall assist the 
National Intelligence Director in carrying out the responsibilities of 
the National Intelligence Director under this Act.
    (``(3) The Deputy National Intelligence Director shall act for, and 
exercise the powers of, the National Intelligence Director during the 
absence or disability of the National Intelligence Director or during a 
vacancy in the position of the National Intelligence Director.
    (``(4) The Deputy National Intelligence Director takes precedence 
in the Office of the National Intelligence Director immediately after 
the National Intelligence Director.
    (``(d) Deputy National Intelligence Director for Operations.--(1) 
There is a Deputy National Intelligence Director for Operations.
    (``(2) The Deputy National Intelligence Director for Operations 
shall--
            (``(A) assist the National Intelligence Director in all 
        aspects of intelligence operations, including intelligence 
        tasking, requirements, collection, and analysis;
            (``(B) assist the National Intelligence Director in 
        overseeing the national intelligence centers; and
            (``(C) perform such other duties and exercise such powers 
        as National Intelligence Director may prescribe.
    (``(e) Deputy National Intelligence Director for Community 
Management and Resources.--(1) There is a Deputy National Intelligence 
Director for Community Management and Resources.
    (``(2) The Deputy National Intelligence Director for Community 
Management and Resources shall--
            (``(A) assist the National Intelligence Director in all 
        aspects of management and resources, including administration, 
        budgeting, information security, personnel, training, and 
        programmatic functions; and
            (``(B) perform such other duties and exercise such powers 
        as the National Intelligence Director may prescribe.
    (``(f) Associate National Intelligence Director for Military 
Support.--(1) There is an Associate National Intelligence Director for 
Military Support who shall be appointed by the National Intelligence 
Director, in consultation with the Secretary of Defense.
    (``(2) The Associate National Intelligence Director for Military 
Support shall--
            (``(A) ensure that the intelligence needs of the Department 
        of Defense are met; and
            (``(B) perform such other duties and exercise such powers 
        as the National Intelligence Director may prescribe.
    (``(g) Associate National Intelligence Director for Domestic 
Security.--(1) There is an Associate National Intelligence Director for 
Domestic Security who shall be appointed by the National Intelligence 
Director in consultation with the Attorney General and the Secretary of 
Homeland Security.
    (``(2) The Associate National Intelligence Director for Domestic 
Security shall--
            (``(A) ensure that the intelligence needs of the Department 
        of Justice, the Department of Homeland Security, and other 
        relevant executive departments and agencies are met; and
            (``(B) perform such other duties and exercise such powers 
        as the National Intelligence Director may prescribe, except 
        that the National Intelligence Director may not make such 
        officer responsible for disseminating any domestic or homeland 
        security information to State government or local government 
        officials or any private sector entity.
    (``(h) Associate National Intelligence Director for Diplomatic 
Affairs.--(1) There is an Associate National Intelligence Director for 
Diplomatic Affairs who shall be appointed by the National Intelligence 
Director in consultation with the Secretary of State.
    (``(2) The Associate National Intelligence Director for Diplomatic 
Affairs shall--
            (``(A) ensure that the intelligence needs of the Department 
        of State are met; and
            (``(B) perform such other duties and exercise such powers 
        as the National Intelligence Director may prescribe.
    (``(i) Military Status of Director and Deputy Directors.--(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 National Intelligence Director.
            (``(B) The Deputy National Intelligence Director.
    (``(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 
National Intelligence Director.
    (``(j) National Intelligence Council.--(1) Within the Office of the 
Deputy National Intelligence Director for Operations, there is a 
National Intelligence Council.
    (``(2)(A) 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 
and report to the Deputy National Intelligence Director for Operations.
    (``(B) 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.
    (``(3) The National Intelligence Council shall--
            (``(A) produce national intelligence estimates for the 
        United States Government, which shall include as a part of such 
        estimates in their entirety, alternative views, if any, held by 
        elements of the intelligence community;
            (``(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 National Intelligence Director 
        in carrying out the responsibility of the National Intelligence 
        Director to provide national intelligence.
    (``(4) Within their respective areas of expertise and under the 
direction of the Deputy National Intelligence Director for Operations, 
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.
    (``(5) Subject to the direction and control of the Deputy National 
Intelligence Director for Operations, 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 subsection.
    (``(6) The Deputy National Intelligence Director for Operations 
shall make available to the National Intelligence Council such 
personnel as may be necessary to permit the Council to carry out its 
responsibilities under this section.
    (``(7) 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 National Intelligence Director.
    (``(k) General Counsel to the National Intelligence Director.--(1) 
There is a General Counsel to the National Intelligence Director.
    (``(2) The individual serving in the position of General Counsel to 
the National Intelligence Director may not, while so serving, also 
serve as the General Counsel of any other agency or department of the 
United States.
    (``(3) The General Counsel to the National Intelligence Director is 
the chief legal officer for the National Intelligence Director.
    (``(4) The General Counsel to the National Intelligence Director 
shall perform such functions as the National Intelligence Director may 
prescribe.
    (``(l) Intelligence Community Information Technology Officer.--(1) 
There is an Intelligence Community Information Technology Officer who 
shall be appointed by the National Intelligence Director.
    (``(2) The mission of the Intelligence Community Information 
Technology Officer is to assist the National Intelligence Director in 
ensuring the sharing of information in the fullest and most prompt 
manner between and among elements of the intelligence community 
consistent with section 102A(g).
    (``(3) The Intelligence Community Information Technology Officer 
shall--
            (``(A) assist the Deputy National Intelligence Director for 
        Community Management and Resources in developing and 
        implementing an integrated information technology network;
            (``(B) develop an enterprise architecture for the 
        intelligence community and assist the Deputy National 
        Intelligence Director for Community Management and Resources in 
        ensuring that elements of the intelligence community comply 
        with such architecture;
            (``(C) have procurement approval authority over all 
        enterprise architecture-related information technology items 
        funded in the National Intelligence Program;
            (``(D) ensure that all such elements have the most direct 
        and continuous electronic access to all information (including 
        unevaluated intelligence consistent with existing laws and the 
        guidelines referred to in section 102A(b)) necessary for 
        appropriately cleared analysts to conduct comprehensive all-
        source analysis and for appropriately cleared policymakers to 
        perform their duties--
                    (``(i) directly, in the case of the elements of the 
                intelligence community within the National Intelligence 
                Program, and
                    (``(ii) in conjunction with the Secretary of 
                Defense and other applicable heads of departments with 
                intelligence elements outside the National Intelligence 
                Program;
            (``(E) review and provide recommendations to the Deputy 
        National Intelligence Director for Community Management and 
        Resources on National Intelligence Program budget requests for 
        information technology and national security systems;
            (``(F) assist the Deputy National Intelligence Director for 
        Community Management and Resources in promulgating and 
        enforcing standards on information technology and national 
        security systems that apply throughout the elements of the 
        intelligence community;
            (``(G) ensure that within and between the elements of the 
        National Intelligence Program, duplicative and unnecessary 
        information technology and national security systems are 
        eliminated;
            (``(H) pursuant to the direction of the National 
        Intelligence Director, consult with the Director of the Office 
        of Management and Budget to ensure that the Office of the 
        National Intelligence Director coordinates and complies with 
        national security requirements consistent with applicable law, 
        Executive orders, and guidance; and
            (``(I) perform such other duties with respect to the 
        information systems and information technology of the Office of 
        the National Intelligence Director as may be prescribed by the 
        Deputy National Intelligence Director for Community Management 
        and Resources 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. The 
Director shall be under the authority, direction, and control of the 
National Intelligence Director, except as otherwise determined by the 
President.
    (``(b) Duties.--In the capacity as Director of the Central 
Intelligence Agency, the Director of the Central Intelligence Agency 
shall--
            (``(1) carry out the responsibilities specified in 
        subsection (c); and
            (``(2) serve as the head of the Central Intelligence 
        Agency.
    (``(c) 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) provide overall direction for the collection of 
        national intelligence through human sources by elements of the 
        intelligence community authorized to undertake such collection 
        and, in coordination with other agencies of the Government 
        which are authorized to undertake such collection, ensure that 
        the most effective use is made of resources and that the risks 
        to the United States and those involved in such collection are 
        minimized;
            (``(3) correlate and evaluate intelligence related to the 
        national security and provide appropriate dissemination of such 
        intelligence;
            (``(4) perform such additional services as are of common 
        concern to the elements of the intelligence community, which 
        services the National Intelligence Director determines can be 
        more efficiently accomplished centrally; and
            (``(5) perform such other functions and duties related to 
        intelligence affecting the national security as the President 
        or the National Intelligence Director may direct.
    (``(d) Deputy Director of the Central Intelligence Agency.--There 
is a Deputy Director of the Central Intelligence Agency who shall be 
appointed by the President. The Deputy Director shall perform such 
functions as the Director may prescribe and shall perform the duties of 
the Director during the Director's absence or disability or during a 
vacancy in the position of the Director of the Central Intelligence 
Agency.
    (``(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 considers the termination of 
employment of such officer or employee necessary or advisable in the 
interests of the United States.
    (``(2) Any termination of employment of an officer or employee 
under paragraph (1) shall not affect the right of the officer or 
employee to seek or accept employment in any other department, agency, 
or element of the United States Government if declared eligible for 
such employment by the Office of Personnel Management.''.
    ((b) First Director.--(1) When the Senate receives the nomination 
of a person for the initial appointment by the President for the 
position of National Intelligence Director, it shall consider and 
dispose of such nomination within a period of 30 legislative days.
    ((2) If the Senate does not dispose of such nomination referred to 
in paragraph (1) within such period--
            ((A) Senate confirmation is not required; and
            ((B) the appointment of such nominee as National 
        Intelligence Director takes effect upon administration of the 
        oath of office.
    ((3) For the purposes of this subsection, the term ``legislative 
day'' means a day on which the Senate is in session.

(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 National Intelligence 
Director, 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, 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 National Intelligence Director 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 NATIONAL INTELLIGENCE DIRECTOR 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 NID in Certain Appointments.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), the 
National Intelligence Director shall recommend to the President an 
individual for nomination to fill the vacancy.
    (``(2) Paragraph (1) applies to the following positions:
            (``(A) The Deputy National Intelligence Director.
            (``(B) The Director of the Central Intelligence Agency.
    (``(b) Concurrence of NID 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 National Intelligence Director 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).
    (``(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.
    (``(c) Consultation With National Intelligence Director 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 National Intelligence Director 
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 Secretary of State for Intelligence 
        and Research.
            (``(C) The Director of the Office of Intelligence of the 
        Department of Energy.
            (``(D) The Director of the Office of counterintelligence of 
        the Department of Energy.
            (``(E) The Assistant Secretary for Intelligence and 
        Analysis of the Department of the Treasury.
            (``(F) The Executive Assistant Director for Intelligence of 
        the Federal Bureau of Investigation.
            (``(G) The Under Secretary of Homeland Security for 
        Information Analysis and Infrastructure Protection.
            (``(H) The Deputy Assistant Commandant of the Coast Guard 
        for Intelligence.

(SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR.

    ((a) Initial Appointment of the National Intelligence Director.--
Notwithstanding section 102(a)(1) of the National Security Act of 1947, 
as added by section 1011(a), the individual serving as the Director of 
Central Intelligence on the date immediately preceding the date of the 
enactment of this Act may, at the discretion of the President, become 
the National Intelligence Director as of the date of the enactment of 
this Act.
    ((b) General References.--(1) Any reference to the Director of 
Central Intelligence 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 National Intelligence Director.
    ((2) Any reference to the Director of Central Intelligence 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.
    ((3) Any reference to the Deputy Director of Central Intelligence 
in the Deputy Director's capacity as deputy to 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 Deputy National Intelligence Director.
    ((4) Any reference to the Deputy Director of Central Intelligence 
for Community Management in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Deputy National Intelligence Director for Community Management and 
Resources.

(SEC. 1016. EXECUTIVE SCHEDULE MATTERS.

    ((a) Executive Schedule Level I.--Section 5312 of title 5, United 
States Code, is amended by adding the end the following new item:
            (``National Intelligence Director.''.
    ((b) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by adding at the end the following new items:
            (``Deputy National Intelligence Director.
            (``Director of the National counterterrorism Center.''.
    ((c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the Assistant 
Directors of Central Intelligence.

   (Subtitle B--National counterterrorism Center and Civil Liberties 
                              Protections

(SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.

    ((a) In General.--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 National Intelligence Director a National 
counterterrorism Center.
    (``(b) Director of National counterterrorism Center.--There is a 
Director of the National counterterrorism Center, who shall be the head 
of the National counterterrorism Center, who shall be appointed by 
National Intelligence Director.
    (``(c) Supervision.--The Director of the National counterterrorism 
Center shall report to the National Intelligence Director on--
            (``(1) the budget and programs of the National 
        counterterrorism Center;
            (``(2) the activities of the Directorate of Intelligence of 
        the National counterterrorism Center under subsection (h);
            (``(3) the conduct of intelligence operations implemented 
        by other elements of the intelligence community; and
            (``(4) the planning and progress of joint counterterrorism 
        operations (other than intelligence operations).
    (The National Intelligence Director shall carry out this section 
through the Deputy National Intelligence Director for 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 
        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 support operational responsibilities assigned to 
        lead agencies for counterterrorism activities by ensuring that 
        such agencies have access to and receive intelligence needed to 
        accomplish their assigned activities.
            (``(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.
    (``(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.--The Director of 
the National counterterrorism Center shall--
            (``(1) serve as the principal adviser to the National 
        Intelligence Director on intelligence operations relating to 
        counterterrorism;
            (``(2) provide strategic guidance and 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;
            (``(3) advise the National Intelligence Director 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;
            (``(4) 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;
            (``(5) 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, 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 
        National Intelligence Director;
            (``(6) consistent with priorities approved by the 
        President, assist the National Intelligence Director in 
        establishing requirements for the intelligence community for 
        the collection of terrorism information; and
            (``(7) perform such other duties as the National 
        Intelligence Director may prescribe or are prescribed by law.
    (``(g) Limitation.--The Director of the National counterterrorism 
Center may not direct the execution of counterterrorism operations.
    (``(h) Resolution of Disputes.--The National Intelligence Director 
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. The head of such a department, agency, or element may 
appeal the resolution of the disagreement by the National Intelligence 
Director 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 Planning.--The Director of the 
National counterterrorism Center shall establish and maintain within 
the National counterterrorism Center a Directorate of Strategic 
Planning which shall provide strategic guidance and plans for 
counterterrorism operations conducted by the United States 
Government.''.
    ((b) Clerical Amendment.--The table of sections for the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 118 the following new item:

<star>``Sec. 119. National counterterrorism Center.''.

(SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.

    ((a) Civil Liberties Protection Officer.--(1) Within the Office of 
the National Intelligence Director, there is a Civil Liberties 
Protection Officer who shall be appointed by the National Intelligence 
Director.
    ((2) The Civil Liberties Protection Officer shall report directly 
to the National Intelligence Director.
    ((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 
        National Intelligence Director and the elements of the 
        intelligence community within the National Intelligence 
        Program;
            ((2) oversee compliance by the Office and the National 
        Intelligence Director 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 National Intelligence Director 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 
        National Intelligence Director or specified by law.
    ((c) Use of Agency Inspectors General.--When appropriate, the Civil 
Liberties Protection Officer may refer 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).

           (Subtitle C--Joint Intelligence Community Council

(SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.

    ((a) Establishment.--(1) There is hereby established a Joint 
Intelligence Community Council.
    ((b) Functions.--(1) The Joint Intelligence Community Council shall 
provide advice to the National Intelligence Director as appropriate.
    ((2) The National Intelligence Director shall consult with the 
Joint Intelligence Community Council in developing guidance for the 
development of the annual National Intelligence Program budget.
    ((c) Membership.--The Joint Intelligence Community Council shall 
consist of the following:
            ((1) The National Intelligence Director, 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 officials of the executive branch as the 
        President may designate.

        (Subtitle D--Improvement of Human Intelligence (HUMINT)

(SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL COMPONENT OF 
              THE INTELLIGENCE COMMUNITY.

    (It is a 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 National Intelligence 
        Director.

(SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CAPACITY.

    (Not later than 6 months after the date of the enactment of this 
Act, the National Intelligence Director shall submit to Congress a 
report on existing human intelligence (HUMINT) capacity which shall 
include a plan to implement changes, as necessary, to accelerate 
improvements to, and increase the capacity of, HUMINT across the 
intelligence community.

  (Subtitle E--Improvement of Education for the Intelligence Community

(SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER 
              NATIONAL SECURITY EDUCATION PROGRAM.

    ((a) In General.--(1) Subsection (b)(2) of section 802 of the David 
L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is 
amended to read as follows:
            (``(2) will meet the requirements for obligated service 
        described in subsection (j); and''.
    ((2) Such section is further amended by adding at the end the 
following new subsection:
    (``(j) Requirements for Obligated Service in the Government.--(1) 
Each recipient of a scholarship or a fellowship under the program shall 
work in a specified national security position. In this subsection, the 
term `specified national security position' means a position of a 
department or agency of the United States that the Secretary certifies 
is appropriate to use the unique language and region expertise acquired 
by the recipient pursuant to the study for which scholarship or 
fellowship assistance (as the case may be) was provided under the 
program.
    (``(2) Each such recipient shall commence work in a specified 
national security position as soon as practicable but in no case later 
than two years after the completion by the recipient of the study for 
which scholarship or fellowship assistance (as the case may be) was 
provided under the program.
    (``(3) Each such recipient shall work in a specified national 
security position for a period specified by the Secretary, which period 
shall include--
            (``(A) in the case of a recipient of a scholarship, one 
        year of service for each year, or portion thereof, for which 
        such scholarship assistance was provided, and
            (``(B) in the case of a recipient of a fellowship, not less 
        than one nor more than three years for each year, or portion 
        thereof, for which such fellowship assistance was provided.
    (``(4) Recipients shall seek specified national security positions 
as follows:
            (``(A) In the Department of Defense or in any element of 
        the intelligence community.
            (``(B) In the Department of State or in the Department of 
        Homeland Security, if the recipient demonstrates to the 
        Secretary that no position is available in the Department of 
        Defense or in any element of the intelligence community.
            (``(C) In any other Federal department or agency not 
        referred to in subparagraphs (A) and (B), if the recipient 
        demonstrates to the Secretary that no position is available in 
        a Federal department or agency specified in such paragraphs.''.
    ((b) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out subsection (j) of section 802 of the David L. 
Boren National Security Education Act of 1991, as added by subsection 
(a). In prescribing such regulations, the Secretary shall establish 
standards that recipients of scholarship and fellowship assistance 
under the program under section 802 of the David L. Boren National 
Security Education Act of 1991 are required to demonstrate in order to 
satisfy the requirement of a good faith effort to gain employment as 
required under such subsection.
    ((c) Applicability.--(1) The amendments made by subsection (a) 
shall apply with respect to service agreements entered into under the 
David L. Boren National Security Education Act of 1991 on or after the 
date of the enactment of this Act.
    ((2) The amendments made by subsection (a) shall not affect the 
force, validity, or terms of any service agreement entered into under 
the David L. Boren National Security Education Act of 1991 before the 
date of the enactment of this Act that is in force as of that date.

(SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

    ((a) Increase in Annual Authorization of Appropriations.--(1) Title 
VIII of the Intelligence Authorization Act for Fiscal Year 1992 (Public 
Law 102-183; 105 Stat. 1271), as amended by section 311(c) of the 
Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103-
178; 107 Stat. 2037) and by section 333(b) of the Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 
2397), is amended in subsection (a) of section 811 by striking ``there 
is authorized to be appropriated to the Secretary for each fiscal year, 
beginning with fiscal year 2003, $10,000,000,'' and inserting ``there 
is authorized to be appropriated to the Secretary for each of fiscal 
years 2003 and 2004, $10,000,000, and for fiscal year 2005 and each 
subsequent fiscal year, $12,000,000,''.
    ((2) Subsection (b) of such section is amended by inserting ``for 
fiscal years 2003 and 2004 only'' after ``authorization of 
appropriations under subsection (a)''.
    ((b) Requirement for Employment Agreements.--(1) Section 802(i) of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902(i)) is amended by adding at the end the following new paragraph:
    (``(5)(A) In the case of an undergraduate or graduate student that 
participates in training in programs under paragraph (1), the student 
shall enter into an agreement described in subsection (b), other than 
such a student who has entered into such an agreement pursuant to 
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
    (``(B) In the case of an employee of an agency or department of the 
Federal Government that participates in training in programs under 
paragraph (1), the employee shall agree in writing--
            (``(i) to continue in the service of the agency or 
        department of the Federal Government employing the employee for 
        the period of such training;
            (``(ii) to continue in the service of such agency or 
        department employing the employee following completion of such 
        training for a period of two years for each year, or part of 
        the year, of such training;
            (``(iii) to reimburse the United States for the total cost 
        of such training (excluding the employee's pay and allowances) 
        provided to the employee if, before the completion by the 
        employee of the training, the employment of the employee by the 
        agency or department is terminated due to misconduct by the 
        employee or by the employee voluntarily; and
            (``(iv) to reimburse the United States if, after completing 
        such training, the employment of the employee by the agency or 
        department is terminated either by the agency or department due 
        to misconduct by the employee or by the employee voluntarily, 
        before the completion by the employee of the period of service 
        required in clause (ii), in an amount that bears the same ratio 
        to the total cost of the training (excluding the employee's pay 
        and allowances) provided to the employee as the unserved 
        portion of such period of service bears to the total period of 
        service under clause (ii).
    (``(C) Subject to subparagraph (D), the obligation to reimburse the 
United States under an agreement under subparagraph (A) is for all 
purposes a debt owing the United States.
    (``(D) The head of an element of the intelligence community may 
release an employee, in whole or in part, from the obligation to 
reimburse the United States under an agreement under subparagraph (A) 
when, in the discretion of the head of the element, the head of the 
element determines that equity or the interests of the United States so 
require.''.
    ((2) The amendment made by paragraph (1) shall apply to training 
that begins on or after the date that is 90 days after the date of the 
enactment of this Act.
    ((c) Increase in the Number of Participating Educational 
Institutions.--The Secretary of Defense shall take such steps as the 
Secretary determines will increase the number of qualified educational 
institutions that receive grants under the National Flagship Language 
Initiative to establish, operate, or improve activities designed to 
train students in programs in a range of disciplines to achieve 
advanced levels of proficiency in those foreign languages that the 
Secretary identifies as being the most critical in the interests of the 
national security of the United States.
    ((d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National 
Flagship Language Initiative may support students who pursue total 
immersion foreign language studies overseas of foreign languages that 
are critical to the national security of the United States.

(SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE 
              STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED 
              STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.

    ((a) Scholarship Program for English Language Studies for Heritage 
Community Citizens of the United States.--(1) Subsection (a)(1) of 
section 802 of the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended--
            ((A) by striking ``and'' at the end of subparagraph (C);
            ((B) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            ((C) by adding at the end the following new subparagraph:
                    (``(E) awarding scholarships to students who--
                            (``(i) are United States citizens who--
                                    (``(I) are native speakers 
                                (commonly referred to as heritage 
                                community residents) of a foreign 
                                language that is identified as critical 
                                to the national security interests of 
                                the United States who should be 
                                actively recruited for employment by 
                                Federal security agencies with a need 
                                for linguists; and
                                    (``(II) are not proficient at a 
                                professional level in the English 
                                language with respect to reading, 
                                writing, and interpersonal skills 
                                required to carry out the national 
                                security interests of the United 
                                States, as determined by the Secretary,
                            (to enable such students to pursue English 
                        language studies at an institution of higher 
                        education of the United States to attain 
                        proficiency in those skills; and
                            (``(ii) enter into an agreement to work in 
                        a national security position or work in the 
                        field of education in the area of study for 
                        which the scholarship was awarded in a similar 
                        manner (as determined by the Secretary) as 
                        agreements entered into pursuant to subsection 
                        (b)(2)(A).''.
    ((2) The matter following subsection (a)(2) of such section is 
amended--
            ((A) in the first sentence, by inserting ``or for the 
        scholarship program under paragraph (1)(E)'' after ``under 
        paragraph (1)(D) for the National Flagship Language Initiative 
        described in subsection (i)''; and
            ((B) by adding at the end the following: ``For the 
        authorization of appropriations for the scholarship program 
        under paragraph (1)(E), see section 812.''.
    ((3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is 
amended by inserting before the period the following: ``and section 
802(a)(1)(E) (relating to scholarship programs for advanced English 
language studies by heritage community residents)''.
    ((b) Funding.--The David L. Boren National Security Education Act 
of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the 
following new section:

(``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE 
              COMMUNITY RESIDENTS.

    (``There is authorized to be appropriated to the Secretary for each 
fiscal year, beginning with fiscal year 2005, $4,000,000, to carry out 
the scholarship programs for English language studies by certain 
heritage community residents under section 802(a)(1)(E).

(SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LANGUAGE AND EDUCATION 
              FOR THE INTELLIGENCE COMMUNITY; REPORTS.

    ((a) Sense of Congress.--It is the sense of Congress that there 
should be within the Office of the National Intelligence Director a 
senior official responsible to assist the National Intelligence 
Director in carrying out the Director's responsibilities for 
establishing policies and procedure for foreign language education and 
training of the intelligence community. The duties of such official 
should include the following:
            ((1) Overseeing and coordinating requirements for foreign 
        language education and training of the intelligence community.
            ((2) Establishing policy, standards, and priorities 
        relating to such requirements.
            ((3) Identifying languages that are critical to the 
        capability of the intelligence community to carry out national 
        security activities of the United States.
            ((4) Monitoring the allocation of resources for foreign 
        language education and training in order to ensure the 
        requirements of the intelligence community with respect to 
        foreign language proficiency are met.
    ((b) Reports.--Not later than one year after the date of the 
enactment of this Act, the National Intelligence Director shall submit 
to Congress the following reports:
            ((1) A report that identifies--
                    ((A) skills and processes involved in learning a 
                foreign language; and
                    ((B) characteristics and teaching techniques that 
                are most effective in teaching foreign languages.
            ((2)(A) A report that identifies foreign language heritage 
        communities, particularly such communities that include 
        speakers of languages that are critical to the national 
        security of the United States.
            ((B) For purposes of subparagraph (A), the term ``foreign 
        language heritage community'' means a community of residents or 
        citizens of the United States--
                    ((i) who are native speakers of, or who have 
                fluency in, a foreign language; and
                    ((ii) who should be actively recruited for 
                employment by Federal security agencies with a need for 
                linguists.
            ((3) A report on--
                    ((A) the estimated cost of establishing a program 
                under which the heads of elements of the intelligence 
                community agree to repay employees of the intelligence 
                community for any student loan taken out by that 
                employee for the study of foreign languages critical 
                for the national security of the United States; and
                    ((B) the effectiveness of such a program in 
                recruiting and retaining highly qualified personnel in 
                the intelligence community.

(SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE 
              INTELLIGENCE COMMUNITY.

    ((a) In General.--Title X of the National Security Act of 1947 (50 
U.S.C.) is amended--
            ((1) by inserting before section 1001 (50 U.S.C. 441g) the 
        following:

                (``Subtitle A--Science and Technology'';

            (and
            ((2) by adding at the end the following new subtitles:

                (``Subtitle B--Foreign Languages Program

    (``program on advancement of foreign languages critical to the 
                         intelligence community

    (``Sec. 1011. (a) Establishment of Program.--The Secretary of 
Defense and the National Intelligence Director may jointly establish a 
program to advance foreign languages skills in languages that are 
critical to the capability of the intelligence community to carry out 
national security activities of the United States (hereinafter in this 
subtitle referred to as the `Foreign Languages Program').
    (``(b) Identification of Requisite Actions.--In order to carry out 
the Foreign Languages Program, the Secretary of Defense and the 
National Intelligence Director shall jointly determine actions required 
to improve the education of personnel in the intelligence community in 
foreign languages that are critical to the capability of the 
intelligence community to carry out national security activities of the 
United States to meet the long-term intelligence needs of the United 
States.

                       (``education partnerships

    (``Sec. 1012. (a) In General.--In carrying out the Foreign 
Languages Program, the head of a department or agency containing an 
element of an intelligence community entity may enter into one or more 
education partnership agreements with educational institutions in the 
United States in order to encourage and enhance the study of foreign 
languages that are critical to the capability of the intelligence 
community to carry out national security activities of the United 
States in educational institutions.
    (``(b) Assistance Provided Under Educational Partnership 
Agreements.--Under an educational partnership agreement entered into 
with an educational institution pursuant to this section, the head of 
an element of an intelligence community entity may provide the 
following assistance to the educational institution:
            (``(1) The loan of equipment and instructional materials of 
        the element of the intelligence community entity to the 
        educational institution for any purpose and duration that the 
        head determines to be appropriate.
            (``(2) Notwithstanding any other provision of law relating 
        to transfers of surplus property, the transfer to the 
        educational institution of any computer equipment, or other 
        equipment, that is--
                    (``(A) commonly used by educational institutions;
                    (``(B) surplus to the needs of the entity; and
                    (``(C) determined by the head of the element to be 
                appropriate for support of such agreement.
            (``(3) The provision of dedicated personnel to the 
        educational institution--
                    (``(A) to teach courses in foreign languages that 
                are critical to the capability of the intelligence 
                community to carry out national security activities of 
                the United States; or
                    (``(B) to assist in the development of such courses 
                and materials for the institution.
            (``(4) The involvement of faculty and students of the 
        educational institution in research projects of the element of 
        the intelligence community entity.
            (``(5) Cooperation with the educational institution in 
        developing a program under which students receive academic 
        credit at the educational institution for work on research 
        projects of the element of the intelligence community entity.
            (``(6) The provision of academic and career advice and 
        assistance to students of the educational institution.
            (``(7) The provision of cash awards and other items that 
        the head of the element of the intelligence community entity 
        determines to be appropriate.

                         (``voluntary services

    (``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding 
section 1342 of title 31, United States Code, and subject to subsection 
(b), the Foreign Languages Program under section 1011 shall include 
authority for the head of an element of an intelligence community 
entity to accept from any individual who is dedicated personnel (as 
defined in section 1016(3)) voluntary services in support of the 
activities authorized by this subtitle.
    (``(b) Requirements and Limitations.--(1) In accepting voluntary 
services from an individual under subsection (a), the head of the 
element shall--
            (``(A) supervise the individual to the same extent as the 
        head of the element would supervise a compensated employee of 
        that element providing similar services; and
            (``(B) ensure that the individual is licensed, privileged, 
        has appropriate educational or experiential credentials, or is 
        otherwise qualified under applicable law or regulations to 
        provide such services.
    (``(2) In accepting voluntary services from an individual under 
subsection (a), the head of an element of the intelligence community 
entity may not--
            (``(A) place the individual in a policymaking position, or 
        other position performing inherently government functions; or
            (``(B) compensate the individual for the provision of such 
        services.
    (``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of an element of an intelligence community entity 
may recruit and train individuals to provide voluntary services 
accepted under subsection (a).
    (``(d) Status of Individuals Providing Services.--(1) Subject to 
paragraph (2), while providing voluntary services accepted under 
subsection (a) or receiving training under subsection (c), an 
individual shall be considered to be an employee of the Federal 
Government only for purposes of the following provisions of law:
            (``(A) Section 552a of title 5, United States Code 
        (relating to maintenance of records on individuals).
            (``(B) Chapter 11 of title 18, United States Code (relating 
        to conflicts of interest).
    (``(2)(A) With respect to voluntary services accepted under 
paragraph (1) provided by an individual that are within the scope of 
the services so accepted, the individual is deemed to be a volunteer of 
a governmental entity or nonprofit institution for purposes of the 
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
    (``(B) In the case of any claim against such an individual with 
respect to the provision of such services, section 4(d) of such Act (42 
U.S.C. 14503(d)) shall not apply.
    (``(3) Acceptance of voluntary services under this section shall 
have no bearing on the issuance or renewal of a security clearance.
    (``(e) Reimbursement of Incidental Expenses.--(1) The head of an 
element of the intelligence community entity may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services accepted under subsection (a). The head of 
an element of the intelligence community entity shall determine which 
expenses are eligible for reimbursement under this subsection.
    (``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    (``(f) Authority To Install Equipment.--(1) The head of an element 
of the intelligence community may install telephone lines and any 
necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services accepted under subsection 
(a).
    (``(2) The head of an element of the intelligence community may pay 
the charges incurred for the use of equipment installed under paragraph 
(1) for authorized purposes.
    (``(3) Notwithstanding section 1348 of title 31, United States 
Code, the head of an element of the intelligence community entity may 
use appropriated funds or nonappropriated funds of the element in 
carrying out this subsection.

                             (``regulations

    (``Sec. 1014. (a) In General.--The Secretary of Defense and the 
National Intelligence Director jointly shall promulgate regulations 
necessary to carry out the Foreign Languages Program authorized under 
this subtitle.
    (``(b) Elements of the Intelligence Community.--Each head of an 
element of an intelligence community entity shall prescribe regulations 
to carry out sections 1012 and 1013 with respect to that element 
including the following:
            (``(1) Procedures to be utilized for the acceptance of 
        voluntary services under section 1013.
            (``(2) Procedures and requirements relating to the 
        installation of equipment under section 1013(g).

                             (``definitions

    (``Sec. 1015. In this subtitle:
            (``(1) The term `intelligence community entity' means an 
        agency, office, bureau, or element referred to in subparagraphs 
        (B) through (K) of section 3(4).
            (``(2) The term `educational institution' means--
                    (``(A) a local educational agency (as that term is 
                defined in section 9101(26) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801(26))),
                    (``(B) an institution of higher education (as 
                defined in section 102 of the Higher Education Act of 
                1965 (20 U.S.C. 1002) other than institutions referred 
                to in subsection (a)(1)(C) of such section), or
                    (``(C) any other nonprofit institution that 
                provides instruction of foreign languages in languages 
                that are critical to the capability of the intelligence 
                community to carry out national security activities of 
                the United States.
            (``(3) The term `dedicated personnel' means employees of 
        the intelligence community and private citizens (including 
        former civilian employees of the Federal Government who have 
        been voluntarily separated, and members of the United States 
        Armed Forces who have been honorably discharged or generally 
        discharged under honorable circumstances, and rehired on a 
        voluntary basis specifically to perform the activities 
        authorized under this subtitle).

             (``Subtitle C--Additional Education Provisions

 (``assignment of intelligence community personnel as language students

    (``Sec. 1021. (a) In General.--(1) The National Intelligence 
Director, acting through the heads of the elements of the intelligence 
community, may provide for the assignment of military and civilian 
personnel described in paragraph (2) as students at accredited 
professional, technical, or other institutions of higher education for 
training at the graduate or undergraduate level in foreign languages 
required for the conduct of duties and responsibilities of such 
positions.
    (``(2) Personnel referred to in paragraph (1) are personnel of the 
elements of the intelligence community who serve in analysts positions 
in such elements and who require foreign language expertise required 
for the conduct of duties and responsibilities of such positions.
    (``(b) Authority for Reimbursement of Costs of Tuition and 
Training.--(1) The Director may reimburse an employee assigned under 
subsection (a) for the total cost of the training described in 
subsection (a), including costs of educational and supplementary 
reading materials.
    (``(2) The authority under paragraph (1) shall apply to employees 
who are assigned on a full-time or part-time basis.
    (``(3) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    (``(c) Relationship to Compensation as an Analyst.--Reimbursement 
under this section to an employee who is an analyst is in addition to 
any benefits, allowances, travels, or other compensation the employee 
is entitled to by reason of serving in such an analyst position.''.
    ((b) Clerical Amendment.--The table of contents for the National 
Security Act of 1947 is amended by striking the item relating to 
section 1001 and inserting the following new items:

               <star>``Subtitle A--Science and Technology

<star>``Sec. 1001. Scholarships and work-study for pursuit of graduate 
                            degrees in science and technology.

             <star>``Subtitle B--Foreign Languages Program

<star>``Sec. 1011. Program on advancement of foreign languages critical 
                            to the intelligence community.
<star>``Sec. 1012. Education partnerships.
<star>``Sec. 1013. Voluntary services.
<star>``Sec. 1014. Regulations.
<star>``Sec. 1015. Definitions.

          <star>``Subtitle C--Additional Education Provisions

<star>``Sec. 1021. Assignment of intelligence community personnel as 
                            language students.''.

(SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

    ((a) Pilot Project.--The National Intelligence Director shall 
conduct a pilot project to establish a Civilian Linguist Reserve Corps 
comprised of United States citizens with advanced levels of proficiency 
in foreign languages who would be available upon a call of the 
President to perform such service or duties with respect to such 
foreign languages in the Federal Government as the President may 
specify.
    ((b) Conduct of Project.--Taking into account the findings and 
recommendations contained in the report required under section 325 of 
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2393), in conducting the pilot project under 
subsection (a) the National Intelligence Director shall--
            ((1) identify several foreign languages that are critical 
        for the national security of the United States;
            ((2) identify United States citizens with advanced levels 
        of proficiency in those foreign languages who would be 
        available to perform the services and duties referred to in 
        subsection (a); and
            ((3) implement a call for the performance of such services 
        and duties.
    ((c) Duration of Project.--The pilot project under subsection (a) 
shall be conducted for a three-year period.
    ((d) Authority To Enter Into Contracts.--The National Intelligence 
Director may enter into contracts with appropriate agencies or entities 
to carry out the pilot project under subsection (a).
    ((e) Reports.--(1) The National Intelligence Director shall submit 
to Congress an initial and a final report on the pilot project 
conducted under subsection (a).
    ((2) Each report required under paragraph (1) shall contain 
information on the operation of the pilot project, the success of the 
pilot project in carrying out the objectives of the establishment of a 
Civilian Linguist Reserve Corps, and recommendations for the 
continuation or expansion of the pilot project.
    ((3) The final report shall be submitted not later than 6 months 
after the completion of the project.
    ((f) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Intelligence Director such sums as are 
necessary for each of fiscal years 2005, 2006, and 2007 in order to 
carry out the pilot project under subsection (a).

(SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL 
              TRANSLATION CENTER.

    ((a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.), as amended by section 1021(a), is further amended 
by adding at the end the following new section:

                 (``national virtual translation center

    (``Sec. 120. (a) In General.--There is an element of the 
intelligence community known as the National Virtual Translation Center 
under the direction of the National Intelligence Director.
    (``(b) Function.--The National Virtual Translation Center shall 
provide for timely and accurate translations of foreign intelligence 
for all other elements of the intelligence community.
    (``(c) Facilitating Access to Translations.--In order to minimize 
the need for a central facility for the National Virtual Translation 
Center, the Center shall--
            (``(1) use state-of-the-art communications technology;
            (``(2) integrate existing translation capabilities in the 
        intelligence community; and
            (``(3) use remote-connection capacities.
    (``(d) Use of Secure Facilities.--Personnel of the National Virtual 
Translation Center may carry out duties of the Center at any location 
that--
            (``(1) has been certified as a secure facility by an agency 
        or department of the United States; and
            (``(2) the National Intelligence Director determines to be 
        appropriate for such purpose.''.
    ((b) Clerical Amendment.--The table of sections for that Act, as 
amended by section 1021(b), is further amended by inserting after the 
item relating to section 119 the following new item:

<star>``Sec. 120. National Virtual Translation Center.''.

(SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED 
              INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.

    ((a) Study.--The Secretary of Defense shall conduct a study on 
methods to improve the recruitment and retention of qualified foreign 
language instructors at the Foreign Language Center of the Defense 
Language Institute. In conducting the study, the Secretary shall 
consider, in the case of a foreign language instructor who is an alien, 
to expeditiously adjust the status of the alien from a temporary status 
to that of an alien lawfully admitted for permanent residence.
    ((b) Report.--(1) Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the study conducted 
under subsection (a), and shall include in that report recommendations 
for such changes in legislation and regulation as the Secretary 
determines to be appropriate.
    ((2) Definition.--In this subsection, the term ``appropriate 
congressional committees'' means the following:
            ((A) The Select Committee on Intelligence and the Committee 
        on Armed Services of the Senate.
            ((B) The Permanent Select Committee on Intelligence and the 
        Committee on Armed Services of the House of Representatives.

    (Subtitle F--Additional Improvements of Intelligence Activities

(SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY 
              VOLUNTARY SEPARATION INCENTIVE PROGRAM.

    ((a) Extension of Program.--Section 2 of the Central Intelligence 
Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
            ((1) by striking subsection (f); and
            ((2) by redesignating subsections (g) and (h) as 
        subsections (f) and (g), respectively.
    ((b) Termination of Funds Remittance Requirement.--(1) Section 2 of 
such Act (50 U.S.C. 403-4 note) is further amended by striking 
subsection (i).
    ((2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring 
Act of 1994 (5 U.S.C. 8331 note) is amended by striking ``, or section 
2 of the Central Intelligence Agency Voluntary Separation Pay Act 
(Public Law 103-36; 107 Stat. 104)''.

(SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.

    (The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end the following new section:
    (``Sec. 19. (a) There is established the National Security Agency 
Emerging Technologies Panel. The panel is a standing panel of the 
National Security Agency. The panel shall be appointed by, and shall 
report directly to, the Director.
    (``(b) The National Security Agency Emerging Technologies Panel 
shall study and assess, and periodically advise the Director on, the 
research, development, and application of existing and emerging science 
and technology advances, advances on encryption, and other topics.
    (``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the National Security Agency Emerging 
Technologies Panel.''.

              (Subtitle G--Conforming and Other Amendments

(SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
              INTELLIGENCE DIRECTOR 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 ``National Intelligence Director'':
            ((A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
            ((B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
            ((C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
            ((D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
            ((E) Section 101(j) (50 U.S.C. 402(j)).
            ((F) Section 105(a) (50 U.S.C. 403-5(a)).
            ((G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
            ((H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
            ((I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place 
        it appears.
            ((J) Section 110(b) (50 U.S.C. 404e(b)).
            ((K) Section 110(c) (50 U.S.C. 404e(c)).
            ((L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            ((M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            ((N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            ((O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            ((P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            ((Q) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            ((R) Section 115(b) (50 U.S.C. 404j(b)).
            ((S) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            ((T) Section 116(a) (50 U.S.C. 404k(a)).
            ((U) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            ((V) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            ((W) Section 501(d) (50 U.S.C. 413(d)).
            ((X) Section 502(a) (50 U.S.C. 413a(a)).
            ((Y) Section 502(c) (50 U.S.C. 413a(c)).
            ((Z) Section 503(b) (50 U.S.C. 413b(b)).
            ((AA) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
            ((BB) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            ((CC) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
            ((DD) Section 603(a) (50 U.S.C. 423(a)).
            ((EE) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
            ((FF) Section 702(a)(6)(B)(viii) (50 U.S.C. 
        432(a)(6)(B)(viii)).
            ((GG) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places 
        it appears.
            ((HH) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
            ((II) Section 703(a)(6)(B)(viii) (50 U.S.C. 
        432a(a)(6)(B)(viii)).
            ((JJ) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places 
        it appears.
            ((KK) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
            ((LL) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
            ((MM) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both 
        places it appears.
            ((NN) Section 1001(a) (50 U.S.C. 441g(a)).
            ((OO) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
            ((PP) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
            ((QQ) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
            ((RR) 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 ``National 
Intelligence Director'':
            ((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)).
            ((D) Section 1001(c) (50 U.S.C. 441g(c)), the first place 
        it appears.
            ((E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
            ((F) 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 ``National 
Intelligence Director, 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 
        National Intelligence Director, 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 National Intelligence Director''.
    ((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 national intelligence director''.

    ((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 ``National Intelligence 
Director'':
            ((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 ``National Intelligence Director''.
    ((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 ``National 
Intelligence Director''.
    ((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 ``National 
        Intelligence Director''.
            ((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 ``National 
        Intelligence Director'':
                    ((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 ``National Intelligence Director'':
                    ((i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
                    ((ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
                    ((iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
                    ((iv) Section 904(h) (50 U.S.C. 402c(h)), each 
                place it appears.
                    ((v) 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 ``National 
        Intelligence Director 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 ``National 
        Intelligence Director''.
            ((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 
        ``National Intelligence Director'':
                    ((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 ``National Intelligence Director''.
            ((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 ``Deputy 
National Intelligence Director''.
    ((2) 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(g) of this Act''.
    ((3) 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 Deputy National Intelligence Director, or with 
respect to employees of the Central Intelligence Agency, to the 
Director of the Central Intelligence Agency''.
    ((4) 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 National Intelligence 
Director''.
    ((5) 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 National Intelligence Director''.
    ((6) 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 National Intelligence 
Director''.
    ((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(g) 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(g) of the National Security 
Act of 1947 (50 U.S.C. 403-3(c)(1)) that the National Intelligence 
Director''.
    ((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(g) of the National 
        Security Act of 1947 (50 U.S.C. 403-3(c)(1))''.
            ((B) 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 National Intelligence Director''; and
                    ((ii) in subsection (l), by striking ``Office of 
                the Director of Central Intelligence'' and inserting 
                ``Office of the National Intelligence Director''.
            ((2) Public law 108-177.--Section 317 of the Intelligence 
        Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
        U.S.C. 403-3 note) is amended--
                    ((A) in subsection (g), by striking ``Assistant 
                Director of Central Intelligence for Analysis and 
                Production'' and inserting ``Deputy National 
                Intelligence Director''; and
                    ((B) in subsection (h)(2)(C), by striking 
                ``Assistant Director'' and inserting ``Deputy National 
                Intelligence Director''.

(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 National Intelligence 
                Director.
                    (``(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 National Intelligence 
                Director 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) Section 506(a) of the National 
Security Act of 1947 (50 U.S.C. 415a(a)) is amended by striking 
``National Foreign Intelligence Program'' and inserting ``National 
Intelligence Program''.
    ((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''.
    ((c) Heading Amendment.--The heading of section 506 of that Act is 
amended by striking ``foreign''.

(SEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES.

    ((a) Appointment of Certain Intelligence Officials.--Section 106 of 
the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
    ((b) Collection Tasking 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 for the National Security Act of 1947 is 
amended--
            ((1) by striking the items relating to sections 102 through 
        104 and inserting the following new items:

<star>``Sec. 102. National Intelligence Director.
<star>``Sec. 102A. Responsibilities and authorities of National 
                            Intelligence Director.
<star>``Sec. 103. Office of the National Intelligence Director.
<star>``Sec. 104. Central Intelligence Agency.
<star>``Sec. 104A. Director of the Central Intelligence Agency.''; and
            ((2) by striking the item relating to section 114 and 
        inserting the following new item:

<star>``Sec. 114. Additional annual reports from the National 
                            Intelligence Director.'';
            (and
            ((3) by striking the item relating to section 506 and 
        inserting the following new item:

<star>``Sec. 506. Specificity of National Intelligence Program budget 
                            amounts for counterterrorism, 
                            counterproliferation, counternarcotics, and 
                            counterintelligence''.

(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. ACCESS TO INSPECTOR GENERAL PROTECTIONS.

    (Section 17(a)(1) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q(a)(1)) is amended by inserting before the semicolon at 
the end the following: ``and to programs and operations of the Office 
of the National Intelligence Director''.

(SEC. 1079. 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 National Intelligence Director.
    ((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 National Intelligence Director.

(SEC. 1080. APPLICATION OF OTHER LAWS.

    ((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 National Intelligence 
                Director; 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 National 
Intelligence Director, the National Intelligence Director 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 National Intelligence Director,'' before ``the 
Central Intelligence Agency''.

  (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 
National Intelligence Director the staff of the Community Management 
Staff as of the date of the enactment of this Act, including all 
functions and activities discharged by the Community Management Staff 
as of that date.
    ((b) Administration.--The National Intelligence Director shall 
administer the Community Management Staff after the date of the 
enactment of this Act as a component of the Office of the National 
Intelligence Director under section 103(b) of the National Security Act 
of 1947, as amended by section 1011(a).

(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), 
including all functions and activities discharged by the Terrorist 
Threat Integration Center 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).

(SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL 
              INTELLIGENCE.

    ((a) Termination.--The positions within the Central Intelligence 
Agency referred to in subsection (b) are hereby abolished.
    ((b) Covered Positions.--The positions within the Central 
Intelligence Agency 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.

    ((a) Submission of 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 National Intelligence Director pursuant to this title.
            ((2) Any consolidation, reorganization, or streamlining of 
        activities transferred to the National Intelligence Director 
        pursuant to this title.
            ((3) The establishment of offices within the Office of the 
        National Intelligence Director to implement the duties and 
        responsibilities of the National Intelligence Director 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 National Intelligence 
        Director.
            ((5) Recommendations for additional legislative or 
        administrative action as the Director considers appropriate.
    ((b) Sense of Congress.--It is the sense of Congress that the 
permanent location for the headquarters for the Office of the National 
Intelligence Director, should be at a location other than the George 
Bush Center for Intelligence in Langley, Virginia.

(SEC. 1095. TRANSITIONAL AUTHORITIES.

    (Upon the request of the National Intelligence Director, the head 
of any executive agency may, on a reimbursable basis, provide services 
or detail personnel to the National Intelligence Director.

(SEC. 1096. 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 
on the date of the enactment of this Act.
    ((b) Specific Effective Dates.--(1)(A) Not later than 60 days after 
the date of the enactment of this Act, the National Intelligence 
Director shall first appoint individuals to positions within the Office 
of the National Intelligence Director.
    ((B) Subparagraph (A) shall not apply with respect to the Deputy 
National Intelligence Director.
    ((2) Not later than 180 days after the date of the enactment of 
this Act, the President shall transmit to Congress the implementation 
plan required under section 1904.
    ((3) Not later than one year after the date of the enactment of 
this Act, the National Intelligence Director 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).

            (TITLE II--TERRORISM PREVENTION AND PROSECUTION

     (Subtitle A--Individual Terrorists as Agents of Foreign Powers

(SECTION 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.

    (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 therefor; or''.

      (Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004

(SEC. 2021. SHORT TITLE.

    (This subtitle may be cited as the ``Stop Terrorist and Military 
Hoaxes Act of 2004''.

(SEC. 2022. 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 25 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.--Whoever, without lawful authority, 
        makes a false statement, with intent to convey false or 
        misleading information, about the death, injury, capture, or 
        disappearance of a member of the Armed Forces of the United 
        States during a war or armed conflict in which the United 
        States is engaged, shall--
                    (``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    (``(B) if serious bodily injury results, be fined 
                under this title or imprisoned not more than 25 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.
    (``(b) Civil Action.--Whoever knowingly engages in any conduct with 
intent to convey false or misleading information under circumstances 
where such information may reasonably be believed and where such 
information indicates that an activity has taken, is taking, or will 
take place that would constitute a violation of chapter 2, 10, 11B, 39, 
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of 
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide 
or attempted homicide is involved, or section 60123(b) of title 49 is 
liable in a civil action to any party incurring expenses incident to 
any emergency or investigative response to that conduct, for those 
expenses.
    (``(c) Reimbursement.--
            (``(1) In general.--The court, in imposing a sentence on a 
        defendant who has been convicted of an offense under subsection 
        (a), shall order the defendant to reimburse any 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:

<star>``1038. False information and hoaxes.''.

(SEC. 2023. 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 matter relates to international or 
domestic terrorism (as defined in section 2331), imprisoned not more 
than 10 years, or both''.
    ((b) Sentencing Guidelines.--Not later than 30 days 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 a matter relating to 
international or domestic terrorism, as defined in section 2331 of such 
title.

(SEC. 2024. 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 C--Material Support to Terrorism Prohibition Enhancement Act 
                                of 2004

(SEC. 2041. SHORT TITLE.

    (This subtitle may be cited as the ``Material Support to Terrorism 
Prohibition Enhancement Act of 2004''.

(SEC. 2042. 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;
            (``(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. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.

    ((a) Additions to Offense of Providing Material Support to 
Terrorists.--Section 2339A(a) of title 18, United States Code, is 
amended--
            ((1) by designating the first sentence as paragraph (1);
            ((2) by designating the second sentence as paragraph (3);
            ((3) by inserting after paragraph (1) as so designated by 
        this subsection the following:
            (``(2) (A) Whoever in a circumstance described in 
        subparagraph (B) provides material support or resources or 
        conceals or disguises the nature, location, source, or 
        ownership of material support or resources, knowing or 
        intending that they are to be used in preparation for, or in 
        carrying out, an act of international or domestic terrorism (as 
        defined in section 2331), or in preparation for, or in carrying 
        out, the concealment or escape from the commission of any such 
        act, or attempts or conspires to do so, shall be punished as 
        provided under paragraph (1) for an offense under that 
        paragraph.
            (``(B) The circumstances referred to in subparagraph (A) 
        are any of the following:
                    (``(i) The offense occurs in or affects interstate 
                or foreign commerce.
                    (``(ii) The act of terrorism is an act of 
                international or domestic terrorism that violates the 
                criminal law of the United States.
                    (``(iii) The act of terrorism is an act of domestic 
                terrorism that appears to be intended to influence the 
                policy, or affect the conduct, of the Government of the 
                United States or a foreign government.
                    (``(iv) An offender, acting within the United 
                States or outside the territorial jurisdiction of the 
                United States, is a national of the United States (as 
                defined in section 101(a)(22) of the Immigration and 
                Nationality Act), an alien lawfully admitted for 
                permanent residence in the United States (as defined in 
                section 101(a)(20) of the Immigration and Nationality 
                Act), or a stateless person whose habitual residence is 
                in the United States, and the act of terrorism is an 
                act of international terrorism that appears to be 
                intended to influence the policy, or affect the 
                conduct, of the Government of the United States or a 
                foreign government.
                    (``(v) An offender, acting within the United 
                States, is an alien, and the act of terrorism is an act 
                of international terrorism that appears to be intended 
                to influence the policy, or affect the conduct, of the 
                Government of the United States or a foreign 
                government.
                    (``(vi) An offender, acting outside the territorial 
                jurisdiction of the United States, is an alien and the 
                act of terrorism is an act of international terrorism 
                that appears to be intended to influence the policy of, 
                or affect the conduct of, the Government of the United 
                States.
                    (``(vii) An offender aids or abets any person over 
                whom jurisdiction exists under this paragraph in 
                committing an offense under this paragraph or conspires 
                with any person over whom jurisdiction exists under 
                this paragraph to commit an offense under this 
                paragraph.''; and
            ((4) by inserting ``act or'' after ``underlying''.
    ((b) Definitions.--Section 2339A(b) of title 18, United States 
Code, is amended--
            ((1) by striking ``In this'' and inserting ``(1) In this'';
            ((2) by inserting ``any property, tangible or intangible, 
        or service, including'' after ``means'';
            ((3) by inserting ``(one or more individuals who may be or 
        include oneself)'' after ``personnel'';
            ((4) by inserting ``and'' before ``transportation'';
            ((5) by striking ``and other physical assets''; and
            ((6) by adding at the end the following:
    (``(2) As used in this subsection, the term `training' means 
instruction or teaching designed to impart a specific skill, as opposed 
to general knowledge, and 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 inserting ``in a 
        circumstance described in paragraph (2)''; 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--
            ((1) by inserting ``(1)'' before ``There''; and
            ((2) by adding at the end the following:
    (``(2) The circumstances referred to in paragraph (1) are any of 
the following:
            (``(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.
            (``(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.
            (``(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).''.
    ((e) Definition.--Paragraph (4) of section 2339B(g) 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;''.
    ((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 one 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.''.

(SEC. 2044. 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 D--Weapons of Mass Destruction Prohibition Improvement Act of 
                                  2004

(SEC. 2051. SHORT TITLE.

    (This subtitle may be cited as the ``Weapons of Mass Destruction 
Prohibition Improvement Act of 2004''.

(SEC. 2052. 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.

(SEC. 2053. 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 or atomic weapon''.
    ((b) 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:

<star>``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 
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) 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 in nuclear and weapons of mass destruction 
        threats to the United States)''.

         (Subtitle E--Money Laundering and Terrorist Financing

  (CHAPTER 1--FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST 
                               FINANCING

(SEC. 2101. 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 databanks $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. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY 
              REAUTHORIZATION.

    ((a) Program.--Section 5341(a)(2) of title 31, United States Code, 
is amended by striking ``and 2003,'' and inserting ``2003, and 2005,''.
    ((b) Reauthorization of Appropriations.--Section 5355 of title 31, 
United States Code, is amended by adding at the end the following:


 
 
 
(``Fiscal year 2004...................................      $15,000,000
(Fiscal year 2005.....................................   $15,000,000''.

  (CHAPTER 2--ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES INCLUDING 
                          TERRORIST FINANCING

 (Subchapter A--Money Laundering Abatement and Financial Antiterrorism 
                         Technical Corrections

(SEC. 2111. SHORT TITLE.

    (This subtitle may be cited as the ``Money Laundering Abatement and 
Financial Antiterrorism Technical Corrections Act of 2004''.

(SEC. 2112. 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 of Public Law 107-56 is amended by 
striking the item relating to title III and inserting the following new 
item:

    <star>``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 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 inserting a period after ``December 31, 
2001'' and striking all that follows through the period at the end of 
each such subsection.
    ((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) by striking ``.'.'' at the end of such section and 
        inserting ``--'''.
    ((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 2nd 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. 2113. 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 2nd 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 new item:

<star>``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. 2114. REPEAL OF REVIEW.

    (Title III of Public Law 107-56 is amended by striking section 303 
(31 U.S.C. 5311 note).

(SEC. 2115. EFFECTIVE DATE.

    (The amendments made by this subtitle 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 the enactment of such 
Public Law, and no amendment made by such Public Law that is 
inconsistent with an amendment made by this subtitle shall be deemed to 
have taken effect.

              (Subchapter B--Additional Enforcement Tools

(SEC. 2121. 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. 2122. CONDUCT IN AID OF COUNTERFEITING.

    ((a) In General.--Section 474(a) of title 18, United States Code, 
is amended by inserting after the paragraph beginning ``Whoever has in 
his control, custody, or possession any plate'' the following:
    (`` Whoever, with intent to defraud, has in his custody, control, 
or possession any material that can be used to make, alter, forge or 
counterfeit any obligations and other securities of the United States 
or any part of such securities and obligations, except under the 
authority of the Secretary of the Treasury; or''.
    ((b) Foreign Obligations and Securities.--Section 481 of title 18, 
United States Code, is amended by inserting after the paragraph 
beginning ``Whoever, with intent to defraud'' the following:
    (`` Whoever, with intent to defraud, has in his custody, control, 
or possession any material that can be used to make, alter, forge or 
counterfeit any obligation or other security of any foreign government, 
bank or corporation; or''.
    ((c) Counterfeit Acts.--Section 470 of title 18, United States 
Code, is amended by striking ``or 474'' and inserting ``474, or 474A''.
    ((d) Materials Used in Counterfeiting.--Section 474A(b) of title 
18, United States Code, is amended by striking ``any essentially 
identical'' and inserting ``any thing or material made after or in the 
similitude of any''.

            (Subtitle F--Criminal History Background Checks

(SEC. 2141. SHORT TITLE.

    (This subtitle may be cited as the ``Criminal History Access Means 
Protection of Infrastructures and Our Nation''.

(SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS.

    ((a) In General.--Section 534 of title 28, United States Code, is 
amended by adding at the end the following:
    (``(f)(1) Under rules prescribed by the Attorney General, the 
Attorney General shall establish and maintain a system for providing to 
an employer criminal history information that--
            (``(A) is in the possession of the Attorney General; and
            (``(B) is requested by an employer as part of an employee 
        criminal history investigation that has been authorized by the 
        State where the employee works or where the employer has their 
        principal place of business;
    (in order to ensure that a prospective employee is suitable for 
certain employment positions.
    (``(2) The Attorney General shall require that an employer seeking 
criminal history information of an employee request such information 
and submit fingerprints or other biometric identifiers as approved by 
the Attorney General to provide a positive and reliable identification 
of such prospective employee.
    (``(3) The Director of the Federal Bureau of Investigation may 
require an employer to pay a reasonable fee for such information.
    (``(4) Upon receipt of fingerprints or other biometric identifiers, 
the Attorney General shall conduct an Integrated Fingerprint 
Identification System of the Federal Bureau of Investigation (IAFIS) 
check and provide the results of such check to the requester.
    (``(5) As used in this subsection,
            (``(A) the term `criminal history information' and 
        `criminal history records' includes--
                    (``(i) an identifying description of the individual 
                to whom it pertains;
                    (``(ii) notations of arrests, detentions, 
                indictments, or other formal criminal charges 
                pertaining to such individual; and
                    (``(iii) any disposition to a notation revealed in 
                subparagraph (B), including acquittal, sentencing, 
                correctional supervision, or release.
            (``(B) the term `Integrated Automated Fingerprint 
        Identification System of the Federal Bureau of Investigation 
        (IAFIS)' means the national depository for fingerprint, 
        biometric, and criminal history information, through which 
        fingerprints are processed electronically.
    (``(6) Nothing in this subsection shall preclude the Attorney 
General from authorizing or requiring criminal history record checks on 
individuals employed or seeking employment in positions vital to the 
Nation's critical infrastructure or key resources as those terms are 
defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)) 
and section 2(9) of the Homeland Security Act of 2002 (6 U.S.C. 
101(9)).''.
    ((b) Report to Congress.--
            ((1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Attorney General shall report to 
        the appropriate committees of Congress 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.
            ((2) Identification of information.--The Attorney General 
        shall identify the number of records requested, including the 
        type of information requested, usage of different terms and 
        definitions regarding criminal history information, and the 
        variation in fees charged for such information and who pays 
        such fees.
            ((3) Recommendations.--The Attorney General shall make 
        recommendations for consolidating the existing procedures into 
        a unified procedure consistent with that provided in section 
        534(f) of title 28, United States Code, as amended by this 
        subtitle.

(Subtitle G--Protection of United States Aviation System From Terrorist 
                                Attacks

(SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.

    ((a) Use of Biometric 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 120 days after the 
        date of enactment of paragraph (5), 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 biometrics 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 biometrics in airport access control systems 
                (including airport perimeter access control systems) to 
                ensure that the biometric systems are effective, 
                reliable, and secure;
                    (``(B) a list of products and vendors that meet 
                such requirements and standards;
                    (``(C) procedures for implementing biometric 
                systems--
                            (``(i) to ensure that individuals do not 
                        use an assumed identity to enroll in a 
                        biometric system; and
                            (``(ii) to resolve failures to enroll, 
                        false matches, and false non-matches; and
                    (``(D) best practices for incorporating biometric 
                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 shall--
                            (``(i) establish a law enforcement officer 
                        travel credential that incorporates biometrics 
                        and is uniform across all Federal, State, and 
                        local government law enforcement agencies;
                            (``(ii) establish a process by which the 
                        travel credential will be used to verify the 
                        identity of a Federal, State, or local 
                        government 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, and local government law 
                                enforcement officers are issued the 
                                travel credential;
                                    (``(II) to resolve failures to 
                                enroll, false matches, and false non-
                                matches relating to use of the travel 
                                credential; and
                                    (``(III) to invalidate any travel 
                                credential that is lost, stolen, or no 
                                longer authorized for use;
                            (``(iv) begin issuance of the travel 
                        credential to each Federal, State, and local 
                        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 Secretary 
                        considers appropriate.
                    (``(B) Funding.--There are 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 information.--The term `biometric 
                information' means the distinct physical or behavioral 
                characteristics that are used for identification, or 
                verification of the identity, of an individual.
                    (``(B) Biometrics.--The term `biometrics' 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 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 information, or other factors.
                    (``(D) False match.--The term `false match' means 
                the incorrect matching of one individual's biometric 
                information to another individual's biometric 
                information by a biometric system.
                    (``(E) False non-match.--The term `false non-match' 
                means the rejection of a valid identity by a biometric 
                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) Funding for Use of Biometric Technology in Airport Access 
Control Systems.--
            ((1) Grant authority.--Section 44923(a)(4) of title 49, 
        United States Code, is amended--
                    ((A) by striking ``and'' at the end of paragraph 
                (3);
                    ((B) by redesignating paragraph (4) as paragraph 
                (5); and
                    ((C) by inserting after paragraph (3) the 
                following:
            (``(4) for projects to implement biometric technologies in 
        accordance with guidance issued under section 44903(h)(4)(E); 
        and''.
            ((2) Authorization of appropriations.--Section 44923(i)(1) 
        of such title is amended by striking ``$250,000,000 for each of 
        fiscal years 2004 through 2007'' and inserting ``$250,000,000 
        for fiscal year 2004, $345,000,000 for fiscal year 2005, and 
        $250,000,000 for each of fiscal years 2006 and 2007''.

(SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLANNING.

    (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) Transportation Security Strategic Planning.--
            (``(1) In general.--The Secretary of Homeland Security 
        shall prepare and update, as needed, a transportation sector 
        specific plan and transportation modal security plans in 
        accordance with this section.
            (``(2) Contents.--At a minimum, the modal security plan for 
        aviation prepared under paragraph (1) shall--
                    (``(A) set risk-based priorities for defending 
                aviation assets;
                    (``(B) select the most practical and cost-effective 
                methods for defending aviation assets;
                    (``(C) assign roles and missions to Federal, State, 
                regional, and local authorities and to stakeholders;
                    (``(D) establish a damage mitigation and recovery 
                plan for the aviation system in the event of a 
                terrorist attack; and
                    (``(E) 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.
            (``(3) Reports.--Not later than 180 days after the date of 
        enactment of the subsection and annually thereafter, the 
        Secretary shall submit 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 containing the plans prepared under paragraph 
        (1), including any updates to the plans. The report may be 
        submitted in a classified format.
    (``(d) Operational Criteria.--Not later than 90 days after the date 
of submission of the report under subsection (c)(3), 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 
subsection (c)(1) and shall approve best practices guidelines for 
airport assets.''.

(SEC. 2173. NEXT GENERATION AIRLINE PASSENGER PRESCREENING.

    ((a) In General.--Section 44903(j)(2) of title 49, United States 
Code, is amended by adding at the end the following:
                    (``(C) Next generation airline passenger 
                prescreening.--
                            (``(i) Commencement of testing.--Not later 
                        than November 1, 2004, the Assistant Secretary 
                        of Homeland Security (Transportation Security 
                        Administration), or the designee of the 
                        Assistant Secretary, shall commence testing of 
                        a next generation passenger prescreening system 
                        that will allow the Department of Homeland 
                        Security to assume the performance of comparing 
                        passenger name records 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 
                        assume the performance of the passenger 
                        prescreening function of comparing passenger 
                        name records 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 (i), 
                        the Assistant Secretary shall--
                                    (``(I) establish a procedure to 
                                enable airline passengers, who are 
                                delayed or prohibited from boarding a 
                                flight because the next generation 
                                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 name records.--Not later 
                        than 60 days after the completion of the 
                        testing of the next generation passenger 
                        prescreening system, the Assistant Secretary 
                        shall require air carriers to supply to the 
                        Assistant Secretary the passenger name records 
                        needed to begin implementing the next 
                        generation passenger prescreening system.
                    (``(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 issued a credential for 
                        access to the secure area of an airport; or
                            (``(iii) being issued a credential for 
                        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) Appeal procedures.--The Assistant Secretary 
                shall establish a timely and fair process for 
                individuals identified as a threat under subparagraph 
                (D) to appeal the determination and correct any 
                erroneous information.
                    (``(F) 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).''.
    ((b) GAO Report.--
            ((1) In general.--Not later than 90 days after the date on 
        which the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) assumes performance of 
        the passenger prescreening function under section 
        44903(j)(2)(C)(ii) of title 49, United States Code, the 
        Comptroller General shall submit to the appropriate 
        congressional committees a report on the assumption of such 
        function. The report may be submitted in a classified format.
            ((2) Contents.--The report under paragraph (1) shall 
        address--
                    ((A) whether a system exists in the next generation 
                passenger prescreening system whereby aviation 
                passengers, determined to pose a threat and either 
                delayed or prohibited from boarding their scheduled 
                flights by the Transportation Security Administration, 
                may appeal such a decision and correct erroneous 
                information;
                    ((B) the sufficiency of identifying information 
                contained in passenger name records and any government 
                databases for ensuring that a large number of false 
                positives will not result under the next generation 
                passenger prescreening system in a significant number 
                of passengers being treated as a threat mistakenly or 
                in security resources being diverted;
                    ((C) whether the Transportation Security 
                Administration stress tested the next generation 
                passenger prescreening system;
                    ((D) whether an internal oversight board has been 
                established in the Department of Homeland Security to 
                monitor the next generation passenger prescreening 
                system;
                    ((E) whether sufficient operational safeguards have 
                been established to prevent the opportunities for abuse 
                of the system;
                    ((F) whether substantial security measures are in 
                place to protect the passenger prescreening database 
                from unauthorized access;
                    ((G) whether policies have been adopted for the 
                effective oversight of the use and operation of the 
                system;
                    ((H) whether specific privacy concerns still exist 
                with the system; and
                    ((I) whether appropriate life cycle cost estimates 
                have been developed, and a benefit and cost analysis 
                has been performed, for the system.

(SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT 
              AIRPORT SCREENING CHECKPOINTS.

    ((a) Nonmetallic Weapons and Explosives.--In order to improve 
security, the Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall give priority to developing, testing, 
improving, and deploying technology at screening checkpoints at 
airports that will detect nonmetallic weapons and explosives on the 
person of individuals, in their clothing, or in their carry-on baggage 
or personal property and shall ensure that the equipment alone, or as 
part of an integrated system, can detect under realistic operating 
conditions the types of nonmetallic 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 Act, the Assistant Secretary shall transmit 
        to the appropriate congressional committees a strategic plan to 
        promote the optimal utilization and deployment of explosive 
        detection systems at airports to screen individuals and their 
        carry-on baggage or personal property, including walk-through 
        explosive detection portals, document scanners, shoe scanners, 
        and any other explosive detection equipment for use at a 
        screening checkpoint. The plan may be transmitted in a 
        classified format.
            ((2) Contents.--The strategic plan shall include 
        descriptions of the operational applications of explosive 
        detection equipment at airport screening checkpoints, a 
        deployment schedule and quantities of equipment needed to 
        implement the plan, and funding needs for implementation of the 
        plan, including a financing plan that provides for leveraging 
        non-Federal funding.

(SEC. 2175. 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 assistance.--Assistance provided by the 
        Assistant Secretary to air carriers that volunteer to 
        participate in the pilot program shall include the use of 
        blast-resistant containers and financial assistance to cover 
        increased costs to the carriers associated with the use and 
        maintenance of the containers, including increased fuel costs.
    ((c) Report.--Not later than one year after the date of enactment 
of this Act, the Assistant Secretary shall submit to appropriate 
congressional committees a report on the results of the pilot program.
    ((d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000. Such sums shall 
remain available until expended.

(SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.

    (The Transportation Security Administration shall develop 
technology to better identify, track, and screen air cargo.

(SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.

    (Section 44940 of title 49, United States Code, is amended by 
adding at the end the following:
    (``(i) Checkpoint Screening Security Fund.--
            (``(1) Establishment.--There is established in the 
        Department of Homeland Security a fund to be known as the 
        `Checkpoint Screening Security Fund'.
            (``(2) Deposits.--In each of fiscal years 2005 and 2006, 
        after amounts are made available under section 44923(h), the 
        next $30,000,000 derived from fees received under subsection 
        (a)(1) shall be available to be deposited in the Fund.
            (``(3) Fees.--The Secretary of Homeland Security shall 
        impose the fee authorized by subsection (a)(1) so as to collect 
        at least $30,000,000 in each of fiscal years 2005 and 2006 for 
        deposit into the Fund.
            (``(4) Availability of amounts.--Amounts in the Fund shall 
        be available for the purchase, deployment, and installation of 
        equipment to improve the ability of security screening 
        personnel at screening checkpoints to detect explosives.''.

(SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.

    ((a) Pilot Program.--The Transportation Security Administration 
shall develop, not later than 120 days after the date of enactment of 
this Act, and conduct a pilot program to test, integrate, and deploy 
next generation security checkpoint screening technology at not less 
than 5 airports in the United States.
    ((b) Human Factor Studies.-- The Administration shall conduct human 
factors studies to improve screener performance as part of the pilot 
program under subsection (a).

(SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT DOOR.

    ((a) Civil Penalty.--Section 46301(a) of title 49, United States 
Code, is amended by adding at the end the following:
            (``(6) Penalty for failure to secure flight deck door.--Any 
        person holding a part 119 certificate under part of title 14, 
        Code of Federal Regulations, is liable to the Government for a 
        civil penalty of not more than $25,000 for each violation, by 
        the pilot in command of an aircraft owned or operated by such 
        person, of any Federal regulation that requires that the flight 
        deck door be closed and locked when the aircraft is being 
        operated.''.
    ((b) Technical Corrections.--
            ((1) Compromise and setoff for false information.--Section 
        46302(b) of such title is amended by striking ``Secretary of 
        Transportation'' and inserting ``Secretary of the Department of 
        Homeland Security and, for a violation relating to section 
        46504, the Secretary of Transportation,''.
            ((2) Carrying a weapon.--Section 46303 of such title is 
        amended--
                    ((A) in subsection (b) by striking ``Secretary of 
                Transportation'' and inserting ``Secretary of Homeland 
                Security''; and
                    ((B) in subsection (c)(2) by striking ``Under 
                Secretary of Transportation for Security'' and 
                inserting ``Secretary of Homeland Security''.
            ((3) Administrative imposition of penalties.--Section 
        46301(d) of such title is amended--
                    ((A) in the first sentence of paragraph (2) by 
                striking ``46302, 46303,'' and inserting ``46302 (for a 
                violation relating to section 46504),''; and
                    ((B) in the second sentence of paragraph (2)--
                            ((i) by striking ``Under Secretary of 
                        Transportation for Security'' and inserting 
                        ``Secretary of Homeland Security''; and
                            ((ii) by striking ``44909)'' and inserting 
                        ``44909), 46302 (except for a violation 
                        relating to section 46504), 46303,'';
                    ((C) in each of paragraphs (2), (3), and (4) by 
                striking ``Under Secretary or'' and inserting 
                ``Secretary of Homeland Security''; and
                    ((D) in paragraph (4)(A) by moving clauses (i), 
                (ii), and (iii) 2 ems to the left.

(SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.

    (The Director of the Federal Air Marshal Service of the Department 
of Homeland Security shall continue to develop operational initiatives 
to protect the anonymity of Federal air marshals.

(SEC. 2181. FEDERAL LAW ENFORCEMENT IN-FLIGHT COUNTERTERRORISM 
              TRAINING.

    (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 make 
available appropriate in-flight counterterrorism procedures and tactics 
training to Federal law enforcement officers who fly while on duty.

(SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE PILOT PROGRAM.

    ((a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall implement a pilot 
program to allow pilots participating in the Federal flight deck 
officer program to transport their firearms on their persons. The 
Assistant Secretary may prescribe any training, equipment, or 
procedures that the Assistant Secretary determines necessary to ensure 
safety and maximize weapon retention.
    ((b) Review.--Not later than 1 year after the date of initiation of 
the pilot program, the Assistant Secretary shall conduct a review of 
the safety record of the pilot program and transmit a report on the 
results of the review to the appropriate congressional committees.
    ((c) Option.--If the Assistant Secretary as part of the review 
under subsection (b) determines that the safety level obtained under 
the pilot program is comparable to the safety level determined under 
existing methods of pilots carrying firearms on aircraft, the Assistant 
Secretary shall allow all pilots participating in the Federal flight 
deck officer program the option of carrying their firearm on their 
person subject to such requirements as the Assistant Secretary 
determines appropriate.

(SEC. 2183. REGISTERED TRAVELER PROGRAM.

    (The Transportation Security Administration shall expedite 
implementation of the registered traveler program.

(SEC. 2184. WIRELESS COMMUNICATION.

    ((a) Study.--The Transportation Security Administration, in 
consultation with 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. 2185. SECONDARY FLIGHT DECK BARRIERS.

    (Not later than 6 months after the date of enactment of this Act, 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration) shall transmit to the appropriate congressional 
committees a report on the costs and benefits associated with the use 
of secondary flight deck barriers and whether the use of such barriers 
should be mandated for all air carriers. The Assistant Secretary may 
transmit the report in a classified format.

(SEC. 2186. EXTENSION.

    (Section 48301(a) of title 49, United States Code, is amended by 
striking ``and 2005'' and inserting ``2005, and 2006''.

(SEC. 2187. PERIMETER SECURITY.

    ((a) Report.--Not later than 180 days after the date of enactment 
of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with airport 
operators and law enforcement authorities, shall develop and submit to 
the appropriate congressional committee a report on airport perimeter 
security. The report may be submitted in a classified format.
    ((b) Contents.--The report shall include--
            ((1) an examination of the feasibility of access control 
        technologies and procedures, including the use of biometrics 
        and other methods of positively identifying individuals prior 
        to entry into secure areas of airports, and provide best 
        practices for enhanced perimeter access control techniques; and
            ((2) an assessment of the feasibility of physically 
        screening all individuals prior to entry into secure areas of 
        an airport and additional methods for strengthening the 
        background vetting process for all individuals credentialed to 
        gain access to secure areas of airports.

(SEC. 2188. DEFINITIONS.

    (In this title, the following definitions apply:
            ((1) Appropriate congressional committee.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            ((2) Air carrier.--The term ``air carrier'' has the meaning 
        such term has under 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 regulation to such section).

                       (Subtitle H--Other Matters

(SEC. 2191. 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 a threat of actual or potential 
                        attack or other grave hostile acts of a foreign 
                        power or an agent of a foreign power, domestic 
                        or international sabotage, domestic or 
                        international terrorism, or clandestine 
                        intelligence gathering activities by an 
                        intelligence service or network of a foreign 
                        power or by an agent of a foreign power, within 
                        the United States or elsewhere, to any 
                        appropriate Federal, State, state subdivision, 
                        Indian tribal, or foreign government official 
                        for the purpose of preventing or responding to 
                        such a threat.''; and
                            ((ii) in clause (i)--
                                    ((I) by striking ``federal''; and
                                    ((II) by adding at the end the 
                                following: ``Any State, state 
                                subdivision, Indian tribal, or foreign 
                                government official who receives 
                                information under Rule 6(e)(3)(D) may 
                                use the information only consistent 
                                with such guidelines as the Attorney 
                                General and the National Intellience 
                                Director shall jointly issue.''; and
                    ((C) in subparagraph (E)--
                            ((i) by redesignating clauses (iii) and 
                        (iv) as clauses (iv) and (v), respectively;
                            ((ii) by inserting after clause (ii) the 
                        following:
                            (``(iii) at the request of the government, 
                        when sought by a foreign court or prosecutor 
                        for use in an official criminal 
                        investigation;''; and
                            ((iii) in clause (iv), as redesignated--
                                    ((I) by striking ``state or Indian 
                                tribal'' and inserting ``State, Indian 
                                tribal, or foreign''; and
                                    ((II) by striking ``or Indian 
                                tribal official'' and inserting 
                                ``Indian tribal, or foreign government 
                                official''; and
            ((2) in paragraph (7), by inserting ``, or of guidelines 
        jointly issued by the Attorney General and Director of Central 
        Intelligence pursuant to Rule 6,'' after ``Rule 6''.
    ((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)''.

(SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM.

    ((a) Findings.--The Congress finds as follows:
            ((1) The interoperable electronic data system know as the 
        ``Chimera system'', and required to be developed and 
        implemented by section 202(a)(2) of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
        1722(a)(2)), has not in any way been implemented.
            ((2) Little progress has been made since the enactment of 
        such Act with regard to establishing a process to connect 
        existing trusted systems operated independently by the 
        respective intelligence agencies.
            ((3) It is advisable, therefore, to assign such 
        responsibility to the National Intelligence Director.
            ((4) The National Intelligence Director should, pursuant to 
        the amendments made by subsection (c), begin systems planning 
        immediately upon assuming office to deliver an interim system 
        not later than 1 year after the date of the enactment of this 
        Act, and to deliver the fully functional Chimera system not 
        later than September 11, 2007.
            ((5) Both the interim system, and the fully functional 
        Chimera system, should be designed so that intelligence 
        officers, Federal law enforcement agencies (as defined in 
        section 2 of such Act (8 U.S.C. 1701)), operational counter-
        terror support center personnel, consular officers, and 
        Department of Homeland Security enforcement officers have 
        access to them.
    ((b) Purposes.--The purposes of this section are as follows:
            ((1) To provide the National Intelligence Director with the 
        necessary authority and resources to establish both an interim 
        data system and, subsequently, a fully functional Chimera 
        system, to collect and share intelligence and operational 
        information with the intelligence community (as defined in 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
            ((2) To require the National Intelligence Director to 
        establish a state-of-the-art Chimera system with both biometric 
        identification and linguistic capabilities satisfying the best 
        technology standards.
            ((3) To ensure that the National Intelligence Center will 
        have a fully functional capability, not later than September 
        11, 2007, for interoperable data and intelligence exchange with 
        the agencies of the intelligence community (as so defined).
    ((c) Amendments.--
            ((1) In general.--Title II of the Enhanced Border Security 
        and Visa Entry Reform Act of 2002 (8 U.S.C. 1721 et seq.) is 
        amended--
                    ((A) in section 202(a)--
                            ((i) by amending paragraphs (1) and (2) to 
                        read as follows:
            (``(1) Interim interoperable intelligence data exchange 
        system.--Not later than 1 year after assuming office, the 
        National Intelligence Director shall establish an interim 
        interoperable intelligence data exchange system that will 
        connect the data systems operated independently by the entities 
        in the intelligence community and by the National 
        counterterrorism Center, so as to permit automated data 
        exchange among all of these entities. Immediately upon assuming 
        office, the National Intelligence Director shall begin the 
        plans necessary to establish such interim system.
            (``(2) Chimera system.--Not later than September 11, 2007, 
        the National Intelligence Director shall establish a fully 
        functional interoperable law enforcement and intelligence 
        electronic data system within the National counterterrorism 
        Center to provide immediate access to information in databases 
        of Federal law enforcement agencies and the intelligence 
        community that is necessary to identify terrorists, and 
        organizations and individuals that support terrorism. The 
        system established under this paragraph shall referred to as 
        the `Chimera system'. '';
                            ((ii) in paragraph (3)--
                                    ((I) by striking ``President'' and 
                                inserting ``National Intelligence 
                                Director''; and
                                    ((II) by striking ``the data 
                                system'' and inserting ``the interim 
                                system described in paragraph (1) and 
                                the Chimera system described in 
                                paragraph (2)'';
                            ((iii) in paragraph (4)(A), by striking 
                        ``The data system'' and all that follows 
                        through ``(2),'' and inserting ``The interim 
                        system described in paragraph (1) and the 
                        Chimera system described in paragraph (2)'';
                            ((iv) in paragraph (5)--
                                    ((I) in the matter preceding 
                                subparagraph (A), by striking ``data 
                                system under this subsection'' and 
                                inserting ``Chimera system described in 
                                paragraph (2)'';
                                    ((II) in subparagraph (B), by 
                                striking ``and'' at the end;
                                    ((III) in subparagraph (C), by 
                                striking the period at the end and 
                                inserting ``; and''; and
                                    ((IV) by adding at the end the 
                                following:
                    (``(D) to any Federal law enforcement or 
                intelligence officer authorized to assist in the 
                investigation, identification, or prosecution of 
                terrorists, alleged terrorists, individuals supporting 
                terrorist activities, and individuals alleged to 
                support terrorist activities. ''; and
                            ((v) in paragraph (6)--
                                    ((I) by striking ``President'' and 
                                inserting ``National Intelligence 
                                Director'';
                                    ((II) by striking ``the data 
                                system'' and all that follows through 
                                ``(2),'' and inserting ``the interim 
                                system described in paragraph (1) and 
                                the Chimera system described in 
                                paragraph (2)'';
                    ((B) in section 202(b)--
                            ((i) in paragraph (1), by striking ``The 
                        interoperable'' and all that follows through 
                        ``subsection (a)'' and inserting ``the Chimera 
                        system described in subsection (a)(2)'';
                            ((ii) in paragraph (2), by striking 
                        ``interoperable electronic database'' and 
                        inserting ``Chimera system described in 
                        subsection (a)(2)''; and
                            ((iii) by amending paragraph (4) to read as 
                        follows:
            (``(4) Interim reports.--Not later than 6 months after 
        assuming office, the National Intelligence Director shall 
        submit a report to the appropriate committees of Congress on 
        the progress in implementing each requirement of this 
        section.'';
                    ((C) in section 204--
                            ((i) by striking ``Attorney General'' each 
                        place such term appears and inserting 
                        ``National Intelligence Director'';
                            ((ii) in subsection (d)(1), by striking 
                        ``Attorney General's'' and inserting ``National 
                        Intelligence Director's''; and
                    ((D) by striking section 203 and redesignating 
                section 204 as section 203.
            ((2) Clerical amendment.--The table of contents for the 
        Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
        U.S.C. 1701 et seq.) is amended--
                    ((A) by striking the item relating to section 203; 
                and
                    ((B) by redesignating the item relating to section 
                204 as relating to section 203.

(SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL 
              BUREAU OF INVESTIGATION.

    ((a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States and to meet the 
intelligence needs of the United States, Congress makes the following 
findings:
            ((1) The Federal Bureau of Investigation has made 
        significant progress in improving its intelligence 
        capabilities.
            ((2) The Federal Bureau of Investigation must further 
        enhance and fully institutionalize its ability to prevent, 
        preempt, and disrupt terrorist threats to our homeland, our 
        people, our allies, and our interests.
            ((3) The Federal Bureau of Investigation must collect, 
        process, share, and disseminate, to the greatest extent 
        permitted by applicable law, to the President, the Vice 
        President, and other officials in the Executive Branch, all 
        terrorism information and other information necessary to 
        safeguard our people and advance our national and homeland 
        security interests.
            ((4) The Federal Bureau of Investigation must move towards 
        full and seamless coordination and cooperation with all other 
        elements of the Intelligence Community, including full 
        participation in, and support to, the National counterterrorism 
        Center.
            ((5) The Federal Bureau of Investigation must strengthen 
        its pivotal role in coordination and cooperation with Federal, 
        State, tribal, and local law enforcement agencies to ensure the 
        necessary sharing of information for counterterrorism and 
        criminal law enforcement purposes.
            ((6) The Federal Bureau of Investigation must perform its 
        vital intelligence functions in a manner consistent with both 
        with national intelligence priorities and respect for privacy 
        and other civil liberties under the Constitution and laws of 
        the United States.
    ((b) Improvement of Intelligence Capabilities.--The Director of the 
Federal Bureau of Investigation shall establish a comprehensive 
intelligence program for--
            ((1) intelligence analysis, including recruitment and 
        hiring of analysts, analyst training, priorities and status for 
        analysis, and analysis performance measures;
            ((2) intelligence production, including product standards, 
        production priorities, information sharing and dissemination, 
        and customer satisfaction measures;
            ((3) production of intelligence that is responsive to 
        national intelligence requirements and priorities, including 
        measures of the degree to which each FBI headquarters and field 
        component is collecting and providing such intelligence;
            ((4) intelligence sources, including source validation, new 
        source development, and performance measures;
            ((5) field intelligence operations, including staffing and 
        infrastructure, management processes, priorities, and 
        performance measures;
            ((6) full and seamless coordination and cooperation with 
        the other components of the Intelligence Community, consistent 
        with their responsibilities; and
            ((7) sharing of FBI intelligence and information across 
        Federal, state, and local governments, with the private sector, 
        and with foreign partners as provided by law or by guidelines 
        of the Attorney General.
    ((c) Intelligence Directorate.--The Director of the Federal Bureau 
of Investigation shall establish an Intelligence Directorate within the 
FBI. The Intelligence Directorate shall have the authority to manage 
and direct the intelligence operations of all FBI headquarters and 
field components. The Intelligence Directorate shall have 
responsibility for all components and functions of the FBI necessary 
for--
            ((1) oversight of FBI field intelligence operations;
            ((2) FBI human source development and management;
            ((3) FBI collection against nationally-determined 
        intelligence requirements;
            ((4) language services;
            ((5) strategic analysis;
            ((6) intelligence program and budget management; and
            ((7) the intelligence workforce.
    ((d) National Security Workforce.--The Director of the Federal 
Bureau of Investigation shall establish a specialized, integrated 
intelligence cadre composed of Special Agents, analysts, linguists, and 
surveillance specialists in a manner which creates and sustains within 
the FBI a workforce with substantial expertise in, and commitment to, 
the intelligence mission of the FBI. The Director shall--
            ((1) ensure that these FBI employees may make their career, 
        including promotion to the most senior positions in the FBI, 
        within this career track;
            ((2) establish intelligence cadre requirements for--
                    ((A) training;
                    ((B) career development and certification;
                    ((C) recruitment, hiring, and selection;
                    ((D) integrating field intelligence teams; and
                    ((E) senior level field management;
            ((3) establish intelligence officer certification 
        requirements, including requirements for training courses and 
        assignments to other intelligence, national security, or 
        homeland security components of the Executive branch, in order 
        to advance to senior operational management positions in the 
        FBI;
            ((4) ensure that the FBI's recruitment and training program 
        enhances its ability to attract individuals with educational 
        and professional backgrounds in intelligence, international 
        relations, language, technology, and other skills relevant to 
        the intelligence mission of the FBI;
            ((5) ensure that all Special Agents and analysts employed 
        by the FBI after the date of the enactment of this Act shall 
        receive basic training in both criminal justice matters and 
        intelligence matters;
            ((6) ensure that all Special Agents employed by the FBI 
        after the date of the enactment of this Act, to the maximum 
        extent practicable, be given an opportunity to undergo, during 
        their early service with the FBI, meaningful assignments in 
        criminal justice matters and in intelligence matters;
            ((7) ensure that, to the maximum extent practical, Special 
        Agents who specialize in intelligence are afforded the 
        opportunity to work on intelligence matters over the remainder 
        of their career with the FBI; and
            ((8) ensure that, to the maximum extent practical, analysts 
        are afforded FBI training and career opportunities commensurate 
        with the training and career opportunities afforded analysts in 
        other elements of the intelligence community.
    ((e) Field Office Matters.--The Director of the Federal Bureau of 
Investigation shall take appropriate actions to ensure the integration 
of analysis, Special Agents, linguists, and surveillance personnel in 
FBI field intelligence components and to provide effective leadership 
and infrastructure to support FBI field intelligence components. The 
Director shall--
            ((1) ensure that each FBI field office has an official at 
        the level of Assistant Special Agent in Charge or higher with 
        responsibility for the FBI field intelligence component; and
            ((2) to the extent practicable, provide for such expansion 
        of special compartmented information facilities in FBI field 
        offices as is necessary to ensure the discharge by the field 
        intelligence components of the national security and criminal 
        intelligence mission of the FBI.
    ((f) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall, in consultation with the Director of the Office of 
Management and Budget, modify the budget structure of the FBI in order 
to organize the budget according to its four main programs as follows:
            ((1) Intelligence.
            ((2) counterterrorism and counterintelligence.
            ((3) Criminal enterprise/Federal crimes.
            ((4) Criminal justice services.
    ((g) Reports.--
            ((1)(A) Not later than 180 days after the date of the 
        enactment of this Act, and every twelve months thereafter, 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.
            ((B) The Director shall include in the first report 
        required by subparagraph (A) an estimate of the resources 
        required to complete the expansion of special compartmented 
        information facilities to carry out the intelligence mission of 
        FBI field intelligence components.
            ((2) In each annual report required by paragraph (1)(A) the 
        director shall include--
                    ((A) a report on the progress made by each FBI 
                field office during the period covered by such review 
                in addressing FBI and national intelligence priorities;
                    ((B) a report assessing the qualifications, status, 
                and roles of analysts at FBI headquarters and in FBI 
                field offices; and
                    ((C) a report on the progress of the FBI in 
                implementing information-sharing principles.
            ((3) A report required by this subsection shall be 
        submitted--
                    ((A) to each committee of Congress that has 
                jurisdiction over the subject matter of such report; 
                and
                    ((B) in unclassified form, but may include a 
                classified annex.

            (TITLE III--BORDER SECURITY AND TERRORIST TRAVEL

        (Subtitle A--Immigration Reform in the National Interest

                     (CHAPTER 1--GENERAL PROVISIONS

(SEC. 3001. ELIMINATING THE ``WESTERN HEMISPHERE'' EXCEPTION FOR 
              CITIZENS.

    ((a) In General.--
            ((1) In general.--Section 215(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1185(b)) is amended to read as 
        follows:
    (``(b)(1) Except as otherwise provided in this subsection, it shall 
be unlawful for any citizen of the United States to depart from or 
enter, or attempt to depart from or enter, the United States unless the 
citizen bears a valid United States passport.
    (``(2) Subject to such limitations and exceptions as the President 
may authorize and prescribe, the President may waive the application of 
paragraph (1) in the case of a citizen departing the United States to, 
or entering the United States from, foreign contiguous territory.
    (``(3) The President, if waiving the application of paragraph (1) 
pursuant to paragraph (2), shall require citizens departing the United 
States to, or entering the United States from, foreign contiguous 
territory to bear a document (or combination of documents) designated 
by the Secretary of Homeland Security under paragraph (4).
    (``(4) The Secretary of Homeland Security--
            (``(A) shall designate documents that are sufficient to 
        denote identity and citizenship in the United States such that 
        they may be used, either individually or in conjunction with 
        another document, to establish that the bearer is a citizen or 
        national of the United States for purposes of lawfully 
        departing from or entering the United States; and
            (``(B) shall publish a list of those documents in the 
        Federal Register.
    (``(5) A document may not be designated under paragraph (4) 
(whether alone or in combination with other documents) unless the 
Secretary of Homeland Security determines that the document--
            (``(A) may be relied upon for the purposes of this 
        subsection; and
            (``(B) may not be issued to an alien unlawfully present in 
        the United States.''.
            ((2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 2006.
    ((b) Interim Rule.--
            ((1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security--
                    ((A) shall designate documents that are sufficient 
                to denote identity and citizenship in the United States 
                such that they may be used, either individually or in 
                conjunction with another document, to establish that 
                the bearer is a citizen or national of the United 
                States for purposes of lawfully departing from or 
                entering the United States; and
                    ((B) shall publish a list of those documents in the 
                Federal Register.
            ((2) Limitation on presidential authority.--Beginning on 
        the date that is 90 days after the publication described in 
        paragraph (1)(B), the President, notwithstanding section 215(b) 
        of the Immigration and Nationality Act (8 U.S.C. 1185(b)), may 
        not exercise the President's authority under such section so as 
        to permit any citizen of the United States to depart from or 
        enter, or attempt to depart from or enter, the United States 
        from any country other than foreign contiguous territory, 
        unless the citizen bears a document (or combination of 
        documents) designated under paragraph (1)(A).
            ((3) Criteria for designation.--A document may not be 
        designated under paragraph (1)(A) (whether alone or in 
        combination with other documents) unless the Secretary of 
        Homeland Security determines that the document--
                    ((A) may be relied upon for the purposes of this 
                subsection; and
                    ((B) may not be issued to an alien unlawfully 
                present in the United States.
            ((4) Effective date.--This subsection shall take effect on 
        the date of the enactment of this Act and shall cease to be 
        effective on September 30, 2006.

(SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RESPECT TO 
              DOCUMENTATION REQUIREMENTS FOR NATIONALS OF FOREIGN 
              CONTIGUOUS TERRITORIES AND ADJACENT ISLANDS.

    ((a) In General.--Section 212(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(4)) is amended--
            ((1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'';
            ((2) by striking ``on the basis of reciprocity'' and all 
        that follows through ``or (C)''; and
            ((3) by adding at the end the following:
            (``Either or both of the requirements of such paragraph may 
        also be waived by the Secretary of Homeland Security and the 
        Secretary of State, acting jointly and on the basis of 
        reciprocity, with respect to nationals of foreign contiguous 
        territory or of adjacent islands, but only if such nationals 
        are required, in order to be admitted into the United States, 
        to be in possession of identification deemed by the Secretary 
        of Homeland Security to be secure.''.
    ((b) Effective Date.--The amendment made by subsection (a) shall 
take effect on December 31, 2006.

(SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    (The Secretary of Homeland Security, in each of fiscal years 2006 
through 2010, shall 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.

(SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT 
              INVESTIGATORS.

    (The Secretary of Homeland Security, in each of fiscal years 2006 
through 2010, shall 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 allotted for the preceding fiscal year. At least half of these 
additional investigators shall be designated to investigate potential 
violations of section 274A of the Immigration and Nationality Act (8 
U.S.C 1324a). Each State shall be allotted at least 3 of these 
additional investigators.

(SEC. 3005. ALIEN IDENTIFICATION STANDARDS.

    (Section 211 of the Immigration and Nationality Act (8 U.S.C. 1181) 
is amended by adding at the end the following:
    (``(d) For purposes of establishing identity to any Federal 
employee, an alien present in the United States may present any 
document issued by the Attorney General or the Secretary of Homeland 
Security under the authority of one of the immigration laws (as defined 
in section 101(a)(17)), or an unexpired lawfully issued foreign 
passport. Subject to the limitations and exceptions in immigration laws 
(as defined in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)), no other document may be presented for 
those purposes.''.

(SEC. 3006. EXPEDITED REMOVAL.

    (Section 235(b)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) 
and inserting the following:
                            (``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 5-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    (``(I) the alien has been charged 
                                with a crime, is in criminal 
                                proceedings, or is serving a criminal 
                                sentence; or
                                    (``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            (``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

(SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.

    ((a) Conditions for Granting Asylum.--Section 208(b) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
            ((1) in paragraph (1), by striking ``The Attorney General'' 
        and inserting the following:
                    (``(A) Eligibility.--The Secretary of Homeland 
                Security or the Attorney General''; and
            ((2) by adding at the end the following:
                    (``(B) Burden of proof.--The burden of proof is on 
                the applicant to establish that the applicant is a 
                refugee within the meaning of section 101(a)(42)(A). To 
                establish that the applicant is a refugee within the 
                meaning of this Act, the applicant must establish that 
                race, religion, nationality, membership in a particular 
                social group, or political opinion was or will be the 
                central motive for persecuting the applicant. The 
                testimony of the applicant may be sufficient to sustain 
                such burden without corroboration, but only if it is 
                credible, is persuasive, and refers to specific facts 
                that demonstrate that the applicant is a refugee. Where 
                the trier of fact finds that it is reasonable to expect 
                corroborating evidence for certain alleged facts 
                pertaining to the specifics of the applicant's claim, 
                such evidence must be provided unless a reasonable 
                explanation is given as to why such information is not 
                provided. The credibility determination of the trier of 
                fact may be based, in addition to other factors, on the 
                demeanor, candor, or responsiveness of the applicant or 
                witness, the consistency between the applicant's or 
                witness's written and oral statements, whether or not 
                under oath, made at any time to any officer, agent, or 
                employee of the United States, the internal consistency 
                of each such statement, the consistency of such 
                statements with the country conditions in the country 
                from which the applicant claims asylum (as presented by 
                the Department of State) and any inaccuracies or 
                falsehoods in such statements. These factors may be 
                considered individually or cumulatively.''.
    ((b) Standard of Review for Orders of Removal.--Section 242(b)(4) 
of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended 
by adding after subparagraph (D) the following flush language: ``No 
court shall reverse a determination made by an adjudicator with respect 
to the availability of corroborating evidence as described in section 
208(b)(1)(B), unless the court finds that a reasonable adjudicator is 
compelled to conclude that such corroborating evidence is 
unavailable.''.
    ((c) Effective Date.--The amendment made by subsection (b) shall 
take effect upon the date of enactment of this Act and shall apply to 
cases in which the final administrative removal order was issued 
before, on, or after the date of enactment of this Act.

(SEC. 3008. 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 administrative or judicial 
review of a revocation under this subsection, and no court or other 
person otherwise shall have jurisdiction to consider any claim 
challenging the validity of such a revocation.''.
    ((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 the enactment of this Act and shall apply to 
revocations under sections 205 and 221(i) of the Immigration and 
Nationality Act made before, on, or after such date.

(SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    ((a) In General.--Section 242 of the Immigration and Nationality 
Act (8 U.S.C. 1252) is amended--
            ((1) in subsection (a)--
                    ((A) in paragraph (2)--
                            ((i) in subparagraphs (A), (B), and (C), by 
                        inserting ``(statutory and nonstatutory), 
                        including section 2241 of title 28, United 
                        States Code, or any other habeas corpus 
                        provision, and sections 1361 and 1651 of title 
                        28, United States Code'' after 
                        ``Notwithstanding any other provision of law''; 
                        and
                            ((ii) by adding at the end the following:
                    (``(D) Judicial review of certain legal claims.--
                Nothing in this paragraph shall be construed as 
                precluding consideration by the circuit courts of 
                appeals of constitutional claims or pure questions of 
                law raised upon petitions for review filed in 
                accordance with this section. Notwithstanding any other 
                provision of law (statutory and nonstatutory), 
                including section 2241 of title 28, United States Code, 
                or, except as provided in subsection (e), any other 
                habeas corpus provision, and sections 1361 and 1651 of 
                title 28, United States Code, such petitions for review 
                shall be the sole and exclusive means of raising any 
                and all claims with respect to orders of removal 
                entered or issued under any provision of this Act.''; 
                and
                    ((B) by adding at the end the following:
            (``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory and 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of title 28, United States Code, a petition for 
        review by the circuit courts of appeals filed in accordance 
        with this section is the sole and exclusive means of judicial 
        review of claims arising under the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman, or Degrading 
        Treatment or Punishment.
            (``(5) Exclusive means of review.--The judicial review 
        specified in this subsection shall be the sole and exclusive 
        means for review by any court of an order of removal entered or 
        issued under any provision of this Act. For purposes of this 
        title, in every provision that limits or eliminates judicial 
        review or jurisdiction to review, the terms `judicial review' 
        and `jurisdiction to review' include habeas corpus review 
        pursuant to section 2241 of title 28, United States Code, or 
        any other habeas corpus provision, sections 1361 and 1651 of 
        title 28, United States Code, and review pursuant to any other 
        provision of law.'';
            ((2) in subsection (b)--
                    ((A) in paragraph (3)(B), by inserting ``pursuant 
                to subsection (f)'' after ``unless''; and
                    ((B) in paragraph (9), by adding at the end the 
                following: ``Except as otherwise provided in this 
                subsection, no court shall have jurisdiction, by habeas 
                corpus under section 2241 of title 28, United States 
                Code, or any other habeas corpus provision, by section 
                1361 or 1651 of title 28, United States Code, or by any 
                other provision of law (statutory or nonstatutory), to 
                hear any cause or claim subject to these consolidation 
                provisions.'';
            ((3) in subsection (f)(2), by inserting ``or stay, by 
        temporary or permanent order, including stays pending judicial 
        review,'' after ``no court shall enjoin''; and
            ((4) in subsection (g), by inserting ``(statutory and 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of title 28, United States Code'' after 
        ``notwithstanding any other provision of law''.
    ((b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of enactment of this Act and shall apply to 
cases in which the final administrative removal order was issued 
before, on, or after the date of enactment of this Act.

   (CHAPTER 2--DEPORTATION OF TERRORISTS AND SUPPORTERS OF TERRORISM

(SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION ON REMOVAL.

    ((a) In General.--Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is 
amended--
            ((1) in the matter preceding clause (i), by striking 
        ``section 237(a)(4)(D)'' and inserting ``paragraph (4)(B) or 
        (4)(D) of section 237(a)''; and
            ((2) in clause (iii), by striking ``or'';
            ((3) in clause (iv), by striking the period and inserting 
        ``; or'' ;
            ((4) by inserting after clause (iv) and following:
                            (``(v) the alien is described in subclause 
                        (I), (II), (III), (IV), or (VI) of section 
                        212(a)(3)(B)(i) or section 237(a)(4)(B), 
                        unless, in the case only of an alien described 
                        in subclause (IV) of section 212(a)(3)(B)(i), 
                        the Secretary of Homeland Security determines, 
                        in the Secretary's discretion, that there are 
                        not reasonable grounds for regarding the alien 
                        as a danger to the security of the United 
                        States.''; and
            ((5) by striking the last sentence.
    ((b) Exceptions.--Section 208(b)(2)(A)(v) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
            ((1) by striking ``inadmissible under'' each place such 
        term appears and inserting ``described in''; and
            ((2) by striking ``removable under''.
    ((c) Effective Date.--The amendments made by this section shall 
take effect on the date of the enactment of this Act and shall apply 
to--
            ((1) removal proceedings instituted before, on, or after 
        the date of the enactment of this Act; and
            ((2) acts and conditions constituting a ground for 
        inadmissibility or removal occurring or existing before, on, or 
        after such date.

(SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR TERRORISTS AND 
              CRIMINALS.

    ((a) Regulations.--
            ((1) Revision deadline.--Not later than 120 days after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall revise the regulations prescribed by the 
        Secretary to implement the United Nations Convention Against 
        Torture and Other Forms of Cruel, Inhuman or Degrading 
        Treatment or Punishment, done at New York on December 10, 1984.
            ((2) Exclusion of certain aliens.--The revision--
                    ((A) shall exclude from the protection of such 
                regulations aliens described in section 241(b)(3)(B) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1231(b)(3)(B)) (as amended by this title), including 
                rendering such aliens ineligible for withholding or 
                deferral of removal under the Convention; and
                    ((B) shall ensure that the revised regulations 
                operate so as to--
                            ((i) allow for the reopening of 
                        determinations made under the regulations 
                        before the effective date of the revision; and
                            ((ii) apply to acts and conditions 
                        constituting a ground for ineligibility for the 
                        protection of such regulations, as revised, 
                        regardless of when such acts or conditions 
                        occurred.
            ((3) Burden of proof.--The revision shall also ensure that 
        the burden of proof is on the applicant for withholding or 
        deferral of removal under the Convention to establish by clear 
        and convincing evidence that he or she would be tortured if 
        removed to the proposed country of removal.
    ((b) Judicial Review.--Notwithstanding any other provision of law, 
no court shall have jurisdiction to review the regulations adopted to 
implement this section, and nothing in this section shall be construed 
as providing any court jurisdiction to consider or review claims raised 
under the Convention or this section, except as part of the review of a 
final order of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).

(SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.

    ((a) In General.--Section 241(b) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)) is amended--
            ((1) in paragraph (1)--
                    ((A) in each of subparagraphs (A) and (B), by 
                striking the period at the end and inserting ``unless, 
                in the opinion of the Secretary of Homeland Security, 
                removing the alien to such country would be prejudicial 
                to the United States.''; and
                    ((B) by amending subparagraph (C) to read as 
                follows:
                    (``(C) Alternative countries.--If the alien is not 
                removed to a country designated in subparagraph (A) or 
                (B), the Secretary of Homeland Security shall remove 
                the alien to--
                            (``(i) the country of which the alien is a 
                        citizen, subject, or national, where the alien 
                        was born, or where the alien has a residence, 
                        unless the country physically prevents the 
                        alien from entering the country upon the 
                        alien's removal there; or
                            (``(ii) any country whose government will 
                        accept the alien into that country.''; and
            ((2) in paragraph (2)--
                    ((A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security'';
                    ((B) by amending subparagraph (D) to read as 
                follows:
                    (``(D) Alternative countries.--If the alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Secretary of Homeland Security shall remove 
                the alien to a country of which the alien is a subject, 
                national, or citizen, or where the alien has a 
                residence, unless--
                            (``(i) such country physically prevents the 
                        alien from entering the country upon the 
                        alien's removal there; or
                            (``(ii) in the opinion of the Secretary of 
                        Homeland Security, removing the alien to the 
                        country would be prejudicial to the United 
                        States.''; and
                    ((C) by amending subparagraph (E)(vii) to read as 
                follows:
                            (``(vii) Any country whose government will 
                        accept the alien into that country.''.
    ((b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any deportation, exclusion, or removal on or after such date pursuant 
to any deportation, exclusion, or removal order, regardless of whether 
such order is administratively final before, on, or after such date.

               (Subtitle B--Identity Management Security

   (CHAPTER 1--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
                          IDENTIFICATION CARDS

(SEC. 3051. DEFINITIONS.

    (In this chapter, the following definitions apply:
            ((1) Driver's license.--The term ``driver's license'' means 
        a motor vehicle operator's license, as defined in section 30301 
        of title 49, United States Code.
            ((2) Identification card.--The term ``identification card'' 
        means a personal identification card, as defined in section 
        1028(d) of title 18, United States Code, issued by a State.
            ((3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            ((4) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, 
        the Trust Territory of the Pacific Islands, and any other 
        territory or possession of the United States.

(SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR 
              FEDERAL RECOGNITION.

    ((a) Minimum Standards for Federal Use.--
            ((1) In general.--Beginning 3 years after the date of 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a driver's license or identification card 
        issued by a State to any person unless the State is meeting the 
        requirements of this section.
            ((2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Transportation, may prescribe by regulation.
    ((b) Minimum Document Requirements.--To meet the requirements of 
this section, a State shall include, at a minimum, the following 
information and features on each driver's license and identification 
card issued to a person by the State:
            ((1) The person's full legal name.
            ((2) The person's date of birth.
            ((3) The person's gender.
            ((4) The person's driver license or identification card 
        number.
            ((5) A digital photograph of the person.
            ((6) The person's address of principal residence.
            ((7) The person's signature.
            ((8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.
            ((9) A common machine-readable technology, with defined 
        minimum data elements.
    ((c) Minimum Issuance Standards.--
            ((1) In general.--To meet the requirements of this section, 
        a State shall require, at a minimum, presentation and 
        verification of the following information before issuing a 
        driver's license or identification card to a person:
                    ((A) A photo identity document, except that a non-
                photo identity document is acceptable if it includes 
                both the person's full legal name and date of birth.
                    ((B) Documentation showing the person's date of 
                birth.
                    ((C) Proof of the person's social security account 
                number or verification that the person is not eligible 
                for a social security account number.
                    ((D) Documentation showing the person's name and 
                address of principal residence.
            ((2) Special requirements.--
                    ((A) In general.--To meet the requirements of this 
                section, a State shall comply with the minimum 
                standards of this paragraph.
                    ((B) Evidence of legal status.--A State shall 
                require, before issuing a driver's license or 
                identification card to a person, valid documentary 
                evidence that the person--
                            ((i) is a citizen of the United States;
                            ((ii) is an alien lawfully admitted for 
                        permanent or temporary residence in the United 
                        States;
                            ((iii) has conditional permanent resident 
                        status in the United States;
                            ((iv) has a valid, unexpired nonimmigrant 
                        visa or nonimmigrant visa status for entry into 
                        the United States;
                            ((v) has a pending or approved application 
                        for asylum in the United States;
                            ((vi) has entered into the United States in 
                        refugee status;
                            ((vii) has a pending or approved 
                        application for temporary protected status in 
                        the United States;
                            ((viii) has approved deferred action 
                        status; or
                            ((ix) has a pending application for 
                        adjustment of status to that of an alien 
                        lawfully admitted for permanent residence in 
                        the United States or conditional permanent 
                        resident status in the United States.
                    ((C) Temporary drivers' licenses and identification 
                cards.--
                            ((i) In general.--If a person presents 
                        evidence under any of clauses (iv) through (ix) 
                        of subparagraph (B), the State may only issue a 
                        temporary driver's license or temporary 
                        identification card to the person.
                            ((ii) Expiration date.--A temporary 
                        driver's license or temporary identification 
                        card issued pursuant to this subparagraph shall 
                        be valid only during the period of time of the 
                        applicant's authorized stay in the United 
                        States or if there is no definite end to the 
                        period of authorized stay a period of one year.
                            ((iii) Display of expiration date.--A 
                        temporary driver's license or temporary 
                        identification card issued pursuant to this 
                        subparagraph shall clearly indicate that it is 
                        temporary and shall state the date on which it 
                        expires.
                            ((iv) Renewal.--A temporary driver's 
                        license or temporary identification card issued 
                        pursuant to this subparagraph may be renewed 
                        only upon presentation of valid documentary 
                        evidence that the status by which the applicant 
                        qualified for the temporary driver's license or 
                        temporary identification card has been extended 
                        by the Secretary of Homeland Security.
            ((3) Applications for renewal, duplication, or 
        reissuance.--
                    ((A) Presumption.--For purposes of paragraphs (1) 
                and (2), a State shall presume that any driver's 
                license or identification card for which an application 
                has been made for renewal, duplication, or reissuance 
                has been issued in accordance with the provisions of 
                such paragraphs if, at the time the application is 
                made, the driver's license or identification card has 
                not expired or been canceled, suspended, or revoked.
                    ((B) Limitation.--Subparagraph (A) shall not apply 
                to a renewal, duplication, or reissuance if the State 
                is notified by a local, State, or Federal government 
                agency that the person seeking such renewal, 
                duplication, or reissuance is neither a citizen of the 
                United States nor legally in the United States.
            ((4) Verification of documents.--To meet the requirements 
        of this section, a State shall implement the following 
        procedures:
                    ((A) Before issuing a driver's license or 
                identification card to a person, the State shall 
                verify, with the issuing agency, the issuance, 
                validity, and completeness of each document required to 
                be presented by the person under paragraph (1) or (2).
                    ((B) The State shall not accept any foreign 
                document, other than an official passport, to satisfy a 
                requirement of paragraph (1) or (2).
                    ((C) Not later than September 11, 2005, the State 
                shall enter into a memorandum of understanding with the 
                Secretary of Homeland Security to routinely utilize the 
                automated system known as Systematic Alien Verification 
                for Entitlements, as provided for by section 404 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (110 Stat. 3009-664), to verify the legal 
                presence status of a person, other than a United States 
                citizen, applying for a driver's license or 
                identification card.
    ((d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt the following practices in the issuance of drivers' 
licenses and identification cards:
            ((1) Employ technology to capture digital images of 
        identity source documents so that the images can be retained in 
        electronic storage in a transferable format.
            ((2) Retain paper copies of source documents for a minimum 
        of 7 years or images of source documents presented for a 
        minimum of 10 years.
            ((3) Subject each person applying for a driver's license or 
        identification card to mandatory facial image capture.
            ((4) Establish an effective procedure to confirm or verify 
        a renewing applicant's information.
            ((5) Confirm with the Social Security Administration a 
        social security account number presented by a person using the 
        full social security account number. In the event that a social 
        security account number is already registered to or associated 
        with another person to which any State has issued a driver's 
        license or identification card, the State shall resolve the 
        discrepancy and take appropriate action.
            ((6) Refuse to issue a driver's license or identification 
        card to a person holding a driver's license issued by another 
        State without confirmation that the person is terminating or 
        has terminated the driver's license.
            ((7) Ensure the physical security of locations where 
        drivers' licenses and identification cards are produced and the 
        security of document materials and papers from which drivers' 
        licenses and identification cards are produced.
            ((8) Subject all persons authorized to manufacture or 
        produce drivers' licenses and identification cards to 
        appropriate security clearance requirements.
            ((9) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance of 
        drivers' licenses and identification cards.

(SEC. 3053. LINKING OF DATABASES.

    ((a) In General.--To be eligible to receive any grant or other type 
of financial assistance made available under this subtitle, a State 
shall participate in the interstate compact regarding sharing of driver 
license data, known as the ``Driver License Agreement'', in order to 
provide electronic access by a State to information contained in the 
motor vehicle databases of all other States.
    ((b) Requirements for Information.--A State motor vehicle database 
shall contain, at a minimum, the following information:
            ((1) All data fields printed on drivers' licenses and 
        identification cards issued by the State.
            ((2) Motor vehicle drivers' histories, including motor 
        vehicle violations, suspensions, and points on licenses.

(SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE 
              IDENTIFICATION DOCUMENTS.

    (Section 1028(a)(8) of title 18, United States Code, is amended by 
striking ``false authentication features'' and inserting ``false or 
actual authentication features''.

(SEC. 3055. GRANTS TO STATES.

    ((a) In General.--The Secretary shall make available grants to a 
State to assist the State in conforming to the minimum standards set 
forth in this chapter.
    ((b) 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 chapter.

(SEC. 3056. AUTHORITY.

    ((a) Participation of Secretary of Transportation and States.--All 
authority to issue regulations, certify standards, and issue grants 
under this chapter shall be carried out by the Secretary, in 
consultation with the Secretary of Transportation and the States.
    ((b) Extensions of Deadlines.--The Secretary may grant to a State 
an extension of time to meet the requirements of section 3052(a)(1) if 
the State provides adequate justification for noncompliance.

          (CHAPTER 2--IMPROVED SECURITY FOR BIRTH CERTIFICATES

(SEC. 3061. DEFINITIONS.

    ((a) Applicability of Definitions.--Except as otherwise 
specifically provided, the definitions contained in section 3051 apply 
to this chapter.
    ((b) Other Definitions.--In this chapter, the following definitions 
apply:
            ((1) Birth certificate.--The term ``birth certificate'' 
        means a certificate of birth--
                    ((A) for an individual (regardless of where born)--
                            ((i) who is a citizen or national of the 
                        United States at birth; and
                            ((ii) whose birth is registered in the 
                        United States; and
                    ((B) that--
                            ((i) 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
                            ((ii) 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.
            ((2) Registrant.--The term ``registrant'' means, with 
        respect to a birth certificate, the person whose birth is 
        registered on the certificate.
            ((3) State.--The term ``State'' shall have the meaning 
        given such term in section 3051; except that New York City 
        shall be treated as a State separate from New York.

(SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL GOVERNMENTS.

    (The minimum standards in this chapter applicable to birth 
certificates issued by a State shall also apply to birth certificates 
issued by a local government in the State. It shall be the 
responsibility of the State to ensure that local governments in the 
State comply with the minimum standards.

(SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.

    ((a) Minimum Standards for Federal Use.--
            ((1) In general.--Beginning 3 years after the date of 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a birth certificate issued by a State to any 
        person unless the State is meeting the requirements of this 
        section.
            ((2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Health and Human Services, may prescribe by regulation.
    ((b) Minimum Document Standards.--To meet the requirements of this 
section, a State shall include, on each birth certificate issued to a 
person by the State, the use of safety paper, the seal of the issuing 
custodian of record, and such other features as the Secretary may 
determine necessary to prevent tampering, counterfeiting, and otherwise 
duplicating the birth certificate for fraudulent purposes. The 
Secretary may not require a single design to which birth certificates 
issued by all States must conform.
    ((c) Minimum Issuance Standards.--
            ((1) In general.--To meet the requirements of this section, 
        a State shall require and verify the following information from 
        the requestor before issuing an authenticated copy of a birth 
        certificate:
                    ((A) The name on the birth certificate.
                    ((B) The date and location of the birth.
                    ((C) The mother's maiden name.
                    ((D) Substantial proof of the requestor's identity.
            ((2) Issuance to persons not named on birth certificate.--
        To meet the requirements of this section, in the case of a 
        request by a person who is not named on the birth certificate, 
        a State must require the presentation of legal authorization to 
        request the birth certificate before issuance.
            ((3) Issuance to family members.--Not later than one year 
        after the date of enactment of this Act, the Secretary, in 
        consultation with the Secretary of Health and Human Services 
        and the States, shall establish minimum standards for issuance 
        of a birth certificate to specific family members, their 
        authorized representatives, and others who demonstrate that the 
        certificate is needed for the protection of the requestor's 
        personal or property rights.
            ((4) Waivers.--A State may waive the requirements set forth 
        in subparagraphs (A) through (C) of subsection (c)(1) in 
        exceptional circumstances, such as the incapacitation of the 
        registrant.
            ((5) Applications by electronic means.--To meet the 
        requirements of this section, for applications by electronic 
        means, through the mail or by phone or fax, a State shall 
        employ third party verification, or equivalent verification, of 
        the identity of the requestor.
            ((6) Verification of documents.--To meet the requirements 
        of this section, a State shall verify the documents used to 
        provide proof of identity of the requestor.
    ((d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt, at a minimum, the following practices in the 
issuance and administration of birth certificates:
            ((1) Establish and implement minimum building security 
        standards for State and local vital record offices.
            ((2) Restrict public access to birth certificates and 
        information gathered in the issuance process to ensure that 
        access is restricted to entities with which the State has a 
        binding privacy protection agreement.
            ((3) Subject all persons with access to vital records to 
        appropriate security clearance requirements.
            ((4) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance 
        process.
            ((5) Establish and implement internal operating system 
        standards for paper and for electronic systems.
            ((6) Establish a central database that can provide 
        interoperative data exchange with other States and with Federal 
        agencies, subject to privacy restrictions and confirmation of 
        the authority and identity of the requestor.
            ((7) Ensure that birth and death records are matched in a 
        comprehensive and timely manner, and that all electronic birth 
        records and paper birth certificates of decedents are marked 
        ``deceased''.
            ((8) Cooperate with the Secretary in the implementation of 
        electronic verification of vital events under section 3065.

(SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION 
              SYSTEMS.

    (In consultation with the Secretary of Health and Human Services 
and the Commissioner of Social Security, the Secretary shall take the 
following actions:
            ((1) Work with the States to establish a common data set 
        and common data exchange protocol for electronic birth 
        registration systems and death registration systems.
            ((2) Coordinate requirements for such systems to align with 
        a national model.
            ((3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            ((4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            ((5) Establish uniform field requirements for State birth 
        registries.
            ((6) Not later than 1 year after the date of enactment of 
        this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            ((7) Not later than 1 year after the date of enactment of 
        this Act, establish a process with the Department of State to 
        improve registration, notification, and the sharing of data 
        with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens abroad.
            ((8) Not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requestors who are 
        not the registrants.
            ((9) Not later than 6 months after the date of enactment of 
        this Act, submit to Congress, a report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.

(SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.

    ((a) Lead Agency.--The Secretary shall lead the implementation of 
electronic verification of a person's birth and death.
    ((b) Regulations.--In carrying out subsection (a), the Secretary 
shall issue regulations to establish a means by which authorized 
Federal and State agency users with a single interface will be able to 
generate an electronic query to any participating vital records 
jurisdiction throughout the Nation to verify the contents of a paper 
birth certificate. Pursuant to the regulations, an electronic response 
from the participating vital records jurisdiction as to whether there 
is a birth record in their database that matches the paper birth 
certificate will be returned to the user, along with an indication if 
the matching birth record has been flagged ``deceased''. The 
regulations shall take effect not later than 5 years after the date of 
enactment of this Act.

(SEC. 3066. GRANTS TO STATES.

    ((a) In General.--The Secretary shall make available grants to a 
State to assist the State in conforming to the minimum standards set 
forth in this chapter.
    ((b) 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 chapter.

(SEC. 3067. AUTHORITY.

    ((a) Participation With Federal Agencies and States.--All authority 
to issue regulations, certify standards, and issue grants under this 
chapter shall be carried out by the Secretary, with the concurrence of 
the Secretary of Health and Human Services and in consultation with 
State vital statistics offices and appropriate Federal agencies.
    ((b) Extensions of Deadlines.--The Secretary may grant to a State 
an extension of time to meet the requirements of section 3063(a)(1) if 
the State provides adequate justification for noncompliance.

    (CHAPTER 3--MEASURES TO ENHANCE PRIVACY AND INTEGRITY OF SOCIAL 
                        SECURITY ACCOUNT NUMBERS

(SEC. 3071. 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 or motor vehicle registration 
or any other document issued by such State or political subdivision to 
an individual for purposes of identification of such individual or 
include on any such licence, registration, or other document a magnetic 
strip, bar code, or other means of communication which conveys such 
number (or derivative thereof).''.
    ((b) Effective Date.--The amendments made by this section shall 
apply with respect to licenses, registrations, and other documents 
issued or reissued after 1 year after the date of the enactment of this 
Act.

(SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN 
              SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
              NUMBERS.

    ((a) Applications for Social Security Account Numbers.--Section 
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(ii)) is amended--
            ((1) by inserting ``(I)'' after ``(ii)''; and
            ((2) by adding at the end the following new subclause:
    (``(II) With respect to an application for a social security 
account number for an individual, other than for purposes of 
enumeration at birth, the Commissioner shall require independent 
verification of any birth record provided by the applicant in support 
of the application. The Commissioner may provide by regulation for 
reasonable exceptions from the requirement for independent verification 
under this subclause in any case in which the Commissioner determines 
there is minimal opportunity for fraud.''.
    ((b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications filed after 270 days after the date 
of the enactment of this Act.
    ((c) Study Regarding Applications for Replacement Social Security 
Cards.--
            ((1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake a study to test the feasibility and cost 
        effectiveness of verifying all identification documents 
        submitted by an applicant for a replacement social security 
        card. As part of such study, the Commissioner shall determine 
        the feasibility of, and the costs associated with, the 
        development of appropriate electronic processes for third party 
        verification of any such identification documents which are 
        issued by agencies and instrumentalities of the Federal 
        Government and of the States (and political subdivisions 
        thereof).
            ((2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Commissioner shall 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 undertaken under paragraph (1). Such report shall 
        contain such recommendations for legislative changes as the 
        Commissioner considers necessary to implement needed 
        improvements in the process for verifying identification 
        documents submitted by applicants for replacement social 
        security cards.

(SEC. 3073. ENUMERATION AT BIRTH.

    ((a) Improvement of Application Process.--
            ((1) In general.--As soon as practicable after the date of 
        the 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 the congress.--Not later than 1 year after 
        the date of the enactment of this Act, the Commissioner shall 
        transmit to each House of the Congress a report specifying in 
        detail the extent to which the improvements required under 
        paragraph (1) have been made.
    ((b) Study Regarding Process for Enumeration at Birth.--
            ((1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake a study to determine the most efficient options 
        for ensuring the integrity of the process for enumeration at 
        birth. Such 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.--Not later than 18 months after the date of 
        the enactment of this Act, the Commissioner shall 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 undertaken under paragraph (1). Such report shall 
        contain such recommendations for legislative changes as the 
        Commissioner considers necessary to implement needed 
        improvements in the process for enumeration at birth.

(SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC IDENTIFICATION IN 
              CONNECTION WITH APPLICATIONS FOR BENEFITS, SOCIAL 
              SECURITY ACCOUNT NUMBERS, AND SOCIAL SECURITY CARDS.

    ((a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
undertake a study to--
            ((1) determine the best method of requiring and obtaining 
        photographic identification of applicants for old-age, 
        survivors, and disability insurance benefits under title II of 
        the Social Security Act, for a social security account number, 
        or for a replacement social security card, and of providing for 
        reasonable exceptions to any requirement for photographic 
        identification of such applicants that may be necessary to 
        promote efficient and effective administration of such title, 
        and
            ((2) evaluate the benefits and costs of instituting such a 
        requirement for photographic identification, including the 
        degree to which the security and integrity of the old-age, 
        survivors, and disability insurance program would be enhanced.
    ((b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commissioner shall 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 undertaken 
under subsection (a). Such report shall contain such recommendations 
for legislative changes as the Commissioner considers necessary 
relating to requirements for photographic identification of applicants 
described in subsection (a).

(SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL 
              SECURITY CARDS.

    ((a) In General.--Section 205(c)(2)(G) of the Social Security Act 
(42 U.S.C. 405(c)(2)(G)) is amended by adding at the end the following 
new sentence: ``The Commissioner shall restrict the issuance of 
multiple replacement social security cards to any individual to 3 per 
year and to 10 for the life of the individual, except in any case in 
which the Commissioner determines there is minimal opportunity for 
fraud.''.
    ((b) Regulations and Effective Date.--The Commissioner of Social 
Security shall issue regulations under the amendment made by subsection 
(a) not later than 1 year after the date of the enactment of this Act. 
Systems controls developed by the Commissioner pursuant to such 
amendment shall take effect upon the earlier of the issuance of such 
regulations or the end of such 1-year period.

(SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY 
              ACCOUNT NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION 
              STATUS.

    ((a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security, in 
consultation with the Secretary of Homeland Security, shall undertake a 
study to examine the best method of modifying the social security 
account number assigned to individuals who--
            ((1) are not citizens of the United States,
            ((2) have not been admitted for permanent residence, and
            ((3) are not authorized by the Secretary of Homeland 
        Security to work in the United States, or are so authorized 
        subject to one or more restrictions,
    (so as to include an indication of such lack of authorization to 
work or such restrictions on such an authorization.
    ((b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Commissioner shall 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 undertaken under this 
section. Such report shall include the Commissioner's recommendations 
of feasible options for modifying the social security account number in 
the manner described in subsection (a).

                (Subtitle C--Targeting Terrorist Travel

(SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS AND TRAVEL HISTORY 
              DATABASE.

    ((a) In General.--Not later than May 31, 2005, the Comptroller 
General of the United States, the Secretary of State, and the Secretary 
of Homeland Security each shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate the results of a 
separate study on the subjects described in subsection (c).
    ((b) Study.--The study submitted by the Secretary of State under 
subsection (a) shall be completed by the Office of Visa and Passport 
Control of the Department of State, in coordination with the 
appropriate officials of the Department of Homeland Security.
    ((c) Contents.--The studies described 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 each of the following:
            ((1) Requiring nationals of all countries to present 
        machine-readable, tamper-resistant passports that incorporate 
        biometric and document authentication identifiers.
            ((2) Creation of a database containing information on the 
        lifetime travel history of each foreign national or United 
        States citizen who might seek to enter the United States or 
        another country at any time, in order that border and visa 
        issuance officials may ascertain the travel history of a 
        prospective entrant by means other than a passport.
    ((d) Incentives.--The studies described in subsection (a) shall 
also make recommendations on incentives that might be offered to 
encourage foreign nations to participate in the initiatives described 
in paragraphs (1) and (2) of subsection (c).

(SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIRPORTS.

    ((a) In General.--Section 235A(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1225(a)(4)) is amended--
            ((1) by striking ``October 31, 2000,'' and inserting 
        ``January 1, 2008,'';
            ((2) by striking ``5 additional'' and inserting ``up to 25 
        additional'';
            ((3) by striking ``number of aliens'' and inserting 
        ``number of inadmissible aliens, especially aliens who are 
        potential terrorists,'';
            ((4) by striking ``who are inadmissible to the United 
        States.'' and inserting a period; and
            ((5) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.
    ((b) Report.--Not later than June 30, 2006, the Secretary of 
Homeland Security and the Secretary of State shall report to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the Senate 
on the progress being made in implementing the amendments made by 
subsection (a).
    ((c) 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) $24,000,000 for fiscal year 2005;
            ((2) $48,000,000 for fiscal year 2006; and
            ((3) $97,000,000 for fiscal year 2007.

(SEC. 3083. IMMIGRATION SECURITY INITIATIVE.

    ((a) In General.--Section 235A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)) is amended--
            ((1) in the subsection heading, by inserting ``and 
        Immigration Security Initiative'' after ``Program''; and
            ((2) 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. 3084. 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 Nonimmigrant Visa 
Screening.--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: ``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) Placement of specialist.--Not later than July 31, 
        2005, the Secretary shall, in coordination with the Secretary 
        of Homeland Security, identify 100 of such posts that 
        experience the greatest frequency of presentation of fraudulent 
        documents by visa applicants. The Secretary shall place in each 
        such post at least one full-time anti-fraud specialist employed 
        by the Department of State to assist the consular officers at 
        each such post in the detection of such fraud.

(SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.

    (Section 1028 of title 18, United States Code, relating to 
penalties for fraud and related activity in connection with 
identification documents and information, is amended--
            ((1) in subsection (b)(1)(A)(i), by striking ``issued by or 
        under the authority of the United States'' and inserting the 
        following: ``as described in subsection (d)'';
            ((2) in subsection (b)(2), by striking ``three years'' and 
        inserting ``six years'';
            ((3) in subsection (b)(3), by striking ``20 years'' and 
        inserting ``25 years'';
            ((4) in subsection (b)(4), by striking ``25 years'' and 
        inserting ``30 years''; and
            ((5) in subsection (c)(1), by inserting after ``United 
        States'' the following: ``Government, a State, political 
        subdivision of a State, a foreign government, political 
        subdivision of a foreign government, an international 
        governmental or an international quasi-governmental 
        organization,''.

(SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

    (Section 1015 of title 18, United States Code, is amended--
            ((1) by striking the dash at the end of subsection (f) and 
        inserting ``; or''; and
            ((2) by inserting after subsection (f) the following:
    (``(g) Whoever knowingly makes any false statement or claim that he 
is a citizen of the United States in order to enter into, or remain in, 
the United States--''.

(SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE DEPARTMENT OF 
              STATE.

    ((a) Limitation.--Notwithstanding any other provision of law, the 
Secretary of State shall ensure, subject to subsection (b), that 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) is carried out primarily to provide 
training to host nation security services for the specific purpose of 
ensuring the physical security and safety of United States Government 
facilities and personnel abroad (as well as foreign dignitaries and 
training related to the protection of such dignitaries), including 
security detail training and offenses related to passport or visa 
fraud.
    ((b) Exception.--The limitation contained in subsection (a) shall 
not apply, and the Secretary of State may expand the ATA program to 
include other types of antiterrorism assistance training, if the 
Secretary first consults with the Attorney General and provides written 
notification of such proposed expansion to the appropriate 
congressional committees.
    ((c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            ((1) the Committee on International Relations and the 
        Committee on the Judiciary of the House of Representatives; and
            ((2) the Committee on Foreign Relations and the Committee 
        on the Judiciary of the Senate.

(SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST 
              TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED 
              DOCUMENTS.

    ((a) Findings.--Congress finds the following:
            ((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 one passport.
            ((6) Two of the September 11, 2001, hijackers were carrying 
        passports that had been manipulated in a fraudulent manner and 
        several other hijackers whose passports did not survive the 
        attacks on the World Trade Center and Pentagon were likely to 
        have carried passports that were similarly manipulated.
            ((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 shall lead efforts to track and 
        curtail the travel of terrorists by supporting the drafting, 
        adoption, and implementation of international agreements, and 
        by supporting the expansion of existing international 
        agreements, to track and stop international travel by 
        terrorists and other criminals through the use of lost, stolen, 
        or falsified documents to augment existing United Nations and 
        other international anti-terrorism efforts.
            ((2) Contents of international agreement.--The President 
        shall seek, in the appropriate fora, the drafting, adoption, 
        and implementation of an effective international agreement 
        requiring--
                    ((A) the establishment of a system to 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) the establishment and implementation of a 
                real-time verification system of passports and other 
                travel documents with issuing authorities;
                    ((C) the assumption of an obligation by countries 
                that are parties to the agreement to share with 
                officials at ports of entry in any such country 
                information relating to lost, stolen, and fraudulent 
                passports and other travel documents;
                    ((D) the assumption of an obligation by countries 
                that are parties to the agreement--
                            ((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 above;
                            ((ii) to impose significant penalties so as 
                        to appropriately punish violations and 
                        effectively deter these crimes; and
                            ((iii) to limit the issuance of citizenship 
                        papers, passports, identification documents, 
                        and the like to persons whose identity is 
                        proven to the issuing authority, who have a 
                        bona fide entitlement to or need for such 
                        documents, and 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) the provision of technical assistance to State 
                Parties to help them meet their obligations under the 
                convention;
                    ((F) the establishment and implementation of a 
                system of self-assessments and peer reviews to examine 
                the degree of compliance with the convention; and
                    ((G) an agreement that would permit immigration and 
                border officials to confiscate a lost, stolen, or 
                falsified passport at ports of entry and permit the 
                traveler to return to the sending country without being 
                in possession of the lost, stolen, or falsified 
                passport, and for the detention and investigation of 
                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 one year after the date of 
        the 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. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION OF NAMES INTO THE 
              ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND 
              NAME-BASED WATCHLIST SYSTEMS.

    ((a) Findings.--Congress finds that--
            ((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; and
            ((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 translation of names into the 
Roman alphabet in order to ensure one common spelling for such names 
for international travel documents and name-based watchlist systems.

(SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

    ((a) Findings.--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) 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 required by applicable sections of--
                    ((A) the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (Public Law 104-208);
                    ((B) the Immigration and Naturalization Service 
                Data Management Improvement Act of 2000 (Public Law 
                106-205);
                    ((C) the Visa Waiver Permanent Program Act (Public 
                Law 106-396);
                    ((D) the Enhanced Border Security and Visa Entry 
                Reform Act of 2002 (Public Law 107-173); and
                    ((E) the Uniting and Strengthening America by 
                Providing Appropriate Tools Required to Intercept and 
                Obstruct Terrorism Act of 2001 (Public Law 107-56).
            ((2) Report.--Not later than 180 days after the date of the 
        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 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 with 
                        biometric exit data systems in use;
                            ((iii) a listing of databases and data 
                        systems with which the automated 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 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 entry and 
                exit data system; and
                    ((D) a description of plans for improved or added 
                interoperability with any other databases or data 
                systems.
    ((c) Integration Requirement.--Not later than 2 years after the 
date of the enactment of this Act, the Secretary shall integrate the 
biometric entry and exit data system with all databases and data 
systems maintained by the United States Citizenship and Immigration 
Services that process or contain information on aliens.
    ((d) Maintaining Accuracy and Integrity of Entry and Exit Data 
System.--
            ((1) In general.--The Secretary, in consultation with other 
        appropriate agencies, 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, and databases 
        and data systems linked to the entry and exit data system, that 
        ensure the accuracy and integrity of the data.
            ((2) Requirements.--The rules, guidelines, policies, and 
        procedures established under paragraph (1) shall--
                    ((A) incorporate a simple and timely method for--
                            ((i) correcting errors; and
                            ((ii) clarifying information known to cause 
                        false hits or misidentification errors; and
                    ((B) include procedures for individuals to seek 
                corrections of data contained in the data systems.
    ((e) Expediting Registered Travelers Across International 
Borders.--
            ((1) Findings.--Consistent with the report of the National 
        Commission on Terrorist Attacks Upon the United States, 
        Congress finds that--
                    ((A) expediting the travel of previously screened 
                and known travelers across the borders of the United 
                States should be a high priority; and
                    ((B) the process of expediting known travelers 
                across the border can permit inspectors to better focus 
                on identifying terrorists attempting to enter the 
                United States.
            ((2) Definition.--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 plan.--
                    ((A) In general.--As soon as is practicable, the 
                Secretary shall develop and implement a plan to 
                expedite the processing of registered travelers who 
                enter and exit the United States through a single 
                registered traveler program.
                    ((B) Integration.--The registered traveler program 
                developed under this paragraph shall be integrated into 
                the automated biometric entry and exit data system 
                described in this section.
                    ((C) Review and evaluation.--In developing the 
                program under this paragraph, 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; and
                            ((iii) increase research and development 
                        efforts to accelerate the development and 
                        implementation of a single registered traveler 
                        program.
            ((4) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Congress a report describing the Department's progress on the 
        development and implementation of the plan required by this 
        subsection.
    ((f) 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. 3091. ENHANCED RESPONSIBILITIES OF THE COORDINATOR FOR 
              COUNTERTERRORISM.

    ((a) Declaration of United States Policy.--Congress declares that 
it shall be the policy of the United States to--
            ((1) make combating terrorist travel and those who assist 
        them a priority for the United States counterterrorism policy; 
        and
            ((2) ensure that the information relating to individuals 
        who help facilitate terrorist travel by creating false 
        passports, visas, documents used to obtain such travel 
        documents, and other documents are fully shared within the 
        United States Government and, to the extent possible, with and 
        from foreign governments, in order to initiate United States 
        and foreign prosecutions of such individuals.
    ((b) Amendment.--Section 1(e)(2) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)) is amended by adding at 
the end the following:
                    (``(C) Additional duties relating to terrorist 
                travel.--In addition to the principal duties of the 
                Coordinator described in subparagraph (B), the 
                Coordinator shall analyze methods used by terrorists to 
                travel internationally, develop policies with respect 
                to curtailing terrorist travel, and coordinate such 
                policies with the appropriate bureaus and other 
                entities of the Department of State, other United 
                States Government agencies, the Human Trafficking and 
                Smuggling Center, and foreign governments.''.

(SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASSPORT SECURITY IN 
              THE DEPARTMENT OF STATE.

    ((a) Establishment.--There is established within the Bureau of 
Diplomatic Security of the Department of State an Office of Visa and 
Passport Security (in this section referred to as the ``Office'').
    ((b) Head of Office.--
            ((1) In general.--Notwithstanding any other provision of 
        law, the head of the Office shall be an individual who shall 
        have the rank and status of Deputy Assistant Secretary of State 
        for Diplomatic Security (in this section referred to as the 
        ``Deputy Assistant Secretary'').
            ((2) Recruitment.--The Under Secretary of State for 
        Management shall chose the Deputy Assistant Secretary from 
        among individuals who are Diplomatic Security Agents.
            ((3) Qualifications.--The Diplomatic Security Agent chosen 
        to serve as the Deputy Assistant Secretary shall have expertise 
        and experience in investigating and prosecuting visa and 
        passport fraud.
    ((c) Duties.--
            ((1) Preparation of strategic plan.--
                    ((A) In general.--The Deputy Assistant Secretary, 
                in coordination with the appropriate officials of the 
                Department of Homeland Security, shall ensure the 
                preparation of a strategic plan to target and disrupt 
                individuals and organizations at home and in foreign 
                countries that are involved in the fraudulent 
                production, distribution, use, or other similar 
                activity--
                            ((i) of a United States visa or United 
                        States passport;
                            ((ii) 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
                            ((iii) of passports and visas issued by 
                        foreign countries intended to gain unlawful 
                        entry into the United States.
                    ((B) Emphasis.--Such plan shall--
                            ((i) 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));
                            ((ii) 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
                            ((iii) 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.
            ((2) Duties of office.--The Office shall have the following 
        duties:
                    ((A) Analysis of methods.--Analyze 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 
                advise the Bureau of Consular Affairs on 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.
            ((3) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Deputy Assistant Secretary shall 
        submit to Congress a report containing--
                    ((A) a description of the strategic plan prepared 
                under paragraph (1); and
                    ((B) 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.

                     (Subtitle D--Terrorist Travel

(SEC. 3101. INFORMATION SHARING AND COORDINATION.

    (The Secretary of Homeland Security shall establish a mechanism 
to--
            ((1) ensure the coordination and dissemination of terrorist 
        travel intelligence and operational information among the 
        appropriate agencies within the Department of Homeland 
        Security, including the Bureau of Customs and Border 
        Protection, the Bureau of Immigration and Customs Enforcement, 
        the Bureau of Citizenship and Immigration Services, the 
        Transportation Security Administration, the Coast Guard, and 
        other agencies as directed by the Secretary; and
            ((2) ensure the sharing of terrorist travel intelligence 
        and operational information with the Department of State, the 
        National counterterrorism Center, and other appropriate Federal 
        agencies.

(SEC. 3102. TERRORIST TRAVEL PROGRAM.

    (The Secretary of Homeland Security shall establish a program to--
            ((1) analyze and utilize information and intelligence 
        regarding terrorist travel tactics, patterns, trends, and 
        practices; and
            ((2) disseminate that information to all front-line 
        Department of Homeland Security personnel who are at ports of 
        entry or between ports of entry, to immigration benefits 
        offices, and, in coordination with the Secretary of State, to 
        appropriate individuals at United States embassies and 
        consulates.

(SEC. 3103. TRAINING PROGRAM.

    ((a) Review, Evaluation, and Revision of Existing Training 
Programs.--The Secretary of Homeland Security shall--
            ((1) review and evaluate the training currently provided to 
        Department of Homeland Security personnel and, in consultation 
        with the Secretary of State, relevant Department of State 
        personnel with respect to travel and identity documents, and 
        techniques, patterns, and trends associated with terrorist 
        travel; and
            ((2) develop and implement a revised training program for 
        border, immigration, and consular officials in order to teach 
        such officials how to effectively detect, intercept, and 
        disrupt terrorist travel.
    ((b) Required Topics of Revised Programs.--The training program 
developed under subsection (a)(2) shall include training in the 
following areas:
            ((1) Methods for identifying fraudulent and genuine travel 
        documents.
            ((2) Methods for detecting terrorist indicators on travel 
        documents and other relevant identity documents.
            ((3) Recognizing travel patterns, tactics, and behaviors 
        exhibited by terrorists.
            ((4) Effectively utilizing information contained in 
        databases and data systems available to the Department of 
        Homeland Security.
            ((5) Other topics determined to be appropriate by the 
        Secretary of Homeland Security in consultation with the 
        Secretary of State or the National Intelligence Director.

(SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.

    ((a) Plan Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall submit to the Congress 
a plan to ensure that the Department of Homeland Security and the 
Department of State acquire and deploy, 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.
    ((b) Interoperability Requirement.--To the extent possible, 
technologies to be acquired and deployed under the plan shall be 
compatible with current systems used by the Department of Homeland 
Security to detect and identify fraudulent documents and genuine 
documents.
    ((c) Passport Screening.--The plan shall address the feasibility of 
using such technologies to screen passports submitted for 
identification purposes to a United States consular, border, or 
immigration official.

              (Subtitle E--Maritime Security Requirements

(SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARITIME SECURITY 
              REQUIREMENTS.

    ((a) National Maritime Transportation Security Plan.--Section 
70103(a) of the 46, United States Code, is amended by striking ``The 
Secretary'' and inserting ``Not later than December 31, 2004, the 
Secretary''.
    ((b) Facility and Vessel Vulnerability Assessments.--Section 
70102(b)(1) of the 46, United States Code, is amended by striking ``, 
the Secretary'' and inserting ``and by not later than December 31, 
2004, the Secretary''.
    ((c) Transportation Security Card Regulations.--Section 70105(a) of 
the 46, United States Code, is amended by striking ``The Secretary'' 
and inserting ``Not later than December 31, 2004, the Secretary''.

         (TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION

         (Subtitle A--Attack Terrorists and Their Organizations

        (CHAPTER 1--PROVISIONS RELATING TO TERRORIST SANCTUARIES

(SEC. 4001. 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 and prioritize foreign countries that are 
        or that could be used as terrorist sanctuaries;
            ((2) to assess current United States resources being 
        provided to such foreign countries;
            ((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 prevent 
        foreign countries from being used as terrorist sanctuaries.

(SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.

    ((a) Initial Report.--
            ((1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall transmit to 
        Congress a report that describes a strategy for addressing and, 
        where possible, eliminating terrorist sanctuaries.
            ((2) Content.--The report required under this subsection 
        shall include the following:
                    ((A) A list that prioritizes each actual and 
                potential terrorist sanctuary and a description of 
                activities in the actual and potential sanctuaries.
                    ((B) An outline of strategies for preventing the 
                use of, disrupting, or ending the use of such 
                sanctuaries.
                    ((C) A detailed description of efforts, including 
                an assessment of successes and setbacks, by the United 
                States to work with other countries in bilateral and 
                multilateral fora to address or eliminate each actual 
                or potential terrorist sanctuary and disrupt or 
                eliminate the security provided to terrorists by each 
                such sanctuary.
                    ((D) A description of long-term goals and actions 
                designed to reduce the conditions that allow the 
                formation of terrorist sanctuaries.
    ((b) Subsequent Reports.--
            ((1) Requirement of reports.--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 or could potentially be 
        used as a sanctuary for terrorists or terrorist 
        organizations;''.
            ((2) Provisions to be included in report.--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) by striking the period at the end of paragraph 
                (3) (as redesignated) and inserting a semicolon; and
                    ((E) by inserting after paragraph (3) (as 
                redesignated) the following:
            (``(4) a strategy for addressing and, where possible, 
        eliminating terrorist sanctuaries that shall include--
                    (``(A) a description of actual and potential 
                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 actual or 
                potential 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;
            (``(5) an update of the information contained in the report 
        required to be transmitted to Congress pursuant to section 
        4002(a)(2) of the 9/11 Recommendations Implementation Act;
            (``(6) to the extent practicable, complete statistical 
        information on the number of individuals, including United 
        States citizens and dual nationals, killed, injured, or 
        kidnapped by each terrorist group during the preceding calendar 
        year; and
            (``(7) an analysis, as appropriate, relating to trends in 
        international terrorism, including changes in technology used, 
        methods and targets of attacks, demographic information on 
        terrorists, and other appropriate information.''.
            ((3) Definitions.--Section 140(d) of such Act (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 term `territory' and `territory of the country' 
        means the land, waters, and airspace of the country; and
            (``(5) the term `terrorist sanctuary' or `sanctuary' means 
        an area in the territory of a country that is used by a 
        terrorist group with the express or implied consent of the 
        government of the country--
                    (``(A) to carry out terrorist activities, including 
                training, fundraising, financing, recruitment, and 
                education activities; or
                    (``(B) to provide transit through the country.''.
            ((4) Effective date.--The amendments made by paragraphs 
        (1), (2), and (3) apply with respect to the report required to 
        be transmitted under section 140 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989, by April 30, 
        2006, and by April 30 of each subsequent year.

(SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST 
              SANCTUARIES.

    ((a) Amendments.--Section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405(j)) is amended--
            ((1) in paragraph (1)--
                    ((A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    ((B) by inserting after subparagraph (A) the 
                following:
            (``(B) Any part of the territory of the country is being 
        used as a sanctuary for terrorists or terrorist 
        organizations.'';
            ((2) in paragraph (3), by striking ``paragraph (1)(A)'' and 
        inserting ``subparagraph (A) or (B) of paragraph (1)'';
            ((3) by redesignating paragraph (5) as paragraph (6);
            ((4) by inserting after paragraph (4) the following:
    (``(5) A determination made by the Secretary of State under 
paragraph (1)(B) may not be rescinded unless the President submits to 
the Speaker of the House of Representatives and the chairman of the 
Committee on Banking, Housing, and Urban Affairs and the chairman of 
the Committee on Foreign Relations of the Senate before the proposed 
rescission would take effect a report certifying that the government of 
the country concerned --
            (``(A) is taking concrete, verifiable steps to eliminate 
        each terrorist sanctuary in the territory of the country;
            (``(B) is cooperating with United States antiterrorism 
        efforts; and
            (``(C) is taking all appropriate actions to prevent the 
        proliferation of and trafficking in weapons of mass destruction 
        in and through the territory of the country.''; and
            ((5) by inserting after paragraph (6) (as redesignated) the 
        following:
    (``(7) In this subsection--
            (``(A) the term `territory of the country' means the land, 
        waters, and airspace of the country; and
            (``(B) the term `terrorist sanctuary' or `sanctuary' means 
        an area in the territory of a country that is used by a 
        terrorist group with the express or implied consent of the 
        government of the country--
                    (``(i) to carry out terrorist activities, including 
                training, fundraising, financing, recruitment, and 
                education activities; or
                    (``(ii) to provide transit through the country.''.
    ((b) Implementation.--The President shall implement the amendments 
made by subsection (a) by exercising the authorities the President has 
under the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.).

                      (CHAPTER 2--OTHER PROVISIONS

(SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS CONTROL AND 
              NONPROLIFERATION ADVISORY BOARD.

    ((a) Requirement.--Not later than December 31, 2004, the Secretary 
of State shall appoint individuals to the Arms Control and 
Nonproliferation Advisory Board to fill all vacancies in the membership 
of the Board that exist on the date of the enactment of this Act.
    ((b) Consultation.--Appointments to the Board under subsection (a) 
shall be made in consultation with the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate.

(SEC. 4012. REVIEW OF UNITED STATES POLICY ON PROLIFERATION OF WEAPONS 
              OF MASS DESTRUCTION AND CONTROL OF STRATEGIC WEAPONS.

    ((a) Review.--
            ((1) In general.--The Undersecretary of State for Arms 
        Control and International Security shall instruct the Arms 
        Control and Nonproliferation Advisory Board (in this section 
        referred to as the ``Advisory Board'') to carry out a review of 
        existing policies of the United States relating to the 
        proliferation of weapons of mass destruction and the control of 
        strategic weapons.
            ((2) Components.--The review required under this subsection 
        shall contain at a minimum the following:
                    ((A) An identification of all major deficiencies in 
                existing United States policies relating to the 
                proliferation of weapons of mass destruction and the 
                control of strategic weapons.
                    ((B) Proposals that contain a range of options that 
                if implemented would adequately address any significant 
                threat deriving from the deficiencies in existing 
                United States policies described in subparagraph (A).
    ((b) Reports.--
            ((1) Interim report.--Not later than June 15, 2005, the 
        Advisory Board shall prepare and submit to the Undersecretary 
        of State for Arms Control and International Security an interim 
        report that contains the initial results of the review carried 
        out pursuant to subsection (a).
            ((2) Final report.--Not later than December 1, 2005, the 
        Advisory Board shall prepare and submit to the Undersecretary 
        of State for Arms Control and International Security, and to 
        the Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate, a final report that contains the comprehensive results 
        of the review carried out pursuant to subsection (a).
    ((c) Experts and Consultants.--In carrying out this section, the 
Advisory Board may procure temporary and intermittent services of 
experts and consultants, including experts and consultants from 
nongovernmental organizations, under section 3109(b) of title 5, United 
States Code.
    ((d) Funding and Other Resources.--The Secretary of State shall 
provide to the Advisory Board an appropriate amount of funding and 
other resources to enable the Advisory Board to carry out this section.

(SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT ACTS OF INTERNATIONAL 
              TERRORISM.

    (Section 1(e)(2) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a(e)(2)), as amended by section 3091(b), is further 
amended by adding at the end the following:
                    (``(D) Additional duties relating to international 
                agreements to interdict acts of international 
                terrorism.--
                            (``(i) In general.--In addition to the 
                        principal duties of the Coordinator described 
                        in subparagraph (B), the Coordinator, in 
                        consultation with relevant United States 
                        Government agencies, shall seek to negotiate on 
                        a bilateral basis international agreements 
                        under which parties to an agreement work in 
                        partnership to address and interdict acts of 
                        international terrorism.
                            (``(ii) Terms of international agreement.--
                        It is the sense of Congress that--
                                    (``(I) each party to an 
                                international agreement referred to in 
                                clause (i)--
                                            (``(aa) should be in full 
                                        compliance with United Nations 
                                        Security Council Resolution 
                                        1373 (September 28, 2001), 
                                        other appropriate international 
                                        agreements relating to 
                                        antiterrorism measures, and 
                                        such other appropriate criteria 
                                        relating to antiterrorism 
                                        measures;
                                            (``(bb) should sign and 
                                        adhere to a `counterterrorism 
                                        Pledge' and a list of 
                                        `Interdiction Principles', to 
                                        be determined by the parties to 
                                        the agreement;
                                            (``(cc) should identify 
                                        assets and agree to 
                                        multilateral efforts that 
                                        maximizes the country's 
                                        strengths and resources to 
                                        address and interdict acts of 
                                        international terrorism or the 
                                        financing of such acts;
                                            (``(dd) should agree to 
                                        joint training exercises among 
                                        the other parties to the 
                                        agreement; and
                                            (``(ee) should agree to the 
                                        negotiation and implementation 
                                        of other relevant international 
                                        agreements and consensus-based 
                                        international standards; and
                                    (``(II) an international agreement 
                                referred to in clause (i) should 
                                contain provisions that require the 
                                parties to the agreement--
                                            (``(aa) to identify regions 
                                        throughout the world that are 
                                        emerging terrorist threats;
                                            (``(bb) to establish 
                                        terrorism interdiction centers 
                                        in such regions and other 
                                        regions, as appropriate;
                                            (``(cc) to deploy terrorism 
                                        prevention teams to such 
                                        regions, including United 
                                        States-led teams; and
                                            (``(dd) to integrate 
                                        intelligence, military, and law 
                                        enforcement personnel from 
                                        countries that are parties to 
                                        the agreement in order to work 
                                        directly with the regional 
                                        centers described in item (bb) 
                                        and regional teams described in 
                                        item (cc).''.

(SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DETENTION AND HUMANE 
              TREATMENT OF CAPTURED TERRORISTS.

    (It is the sense of Congress that the President should pursue by 
all appropriate diplomatic means with countries that are participating 
in the Coalition to fight terrorism the development of an effective 
approach toward the detention and humane treatment of captured 
terrorists. The effective approach referred to in this section may, as 
appropriate, draw on Article 3 of the Convention Relative to the 
Treatment of Prisoners of War, done at Geneva on August 12, 1949 (6 UST 
3316).

(SEC. 4015. 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 towards 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 
this Act.

         (Subtitle B--Prevent the Continued Growth of Terrorism

               (CHAPTER 1--UNITED STATES PUBLIC DIPLOMACY

(SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC DIPLOMACY STRATEGY.

    ((a) In General.--The Secretary of State, in coordination with all 
appropriate Federal agencies, shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate an annual assessment of 
the impact of public diplomacy efforts on target audiences. Each 
assessment shall review the United States public diplomacy strategy 
worldwide and by region, including an examination of the allocation of 
resources and an evaluation and assessment of the progress in, and 
barriers to, achieving the goals set forth under previous plans 
submitted under this section. Not later than March 15 of every year, 
the Secretary shall submit the assessment required by this subsection.
    ((b) Further Action.-- On the basis of such review, the Secretary, 
in coordination with all appropriate Federal agencies, shall submit, as 
part of the annual budget submission, a public diplomacy strategy plan 
which specifies goals, agency responsibilities, and necessary resources 
and mechanisms for achieving such goals during the next fiscal year. 
The plan may be submitted in classified form.

(SEC. 4022. PUBLIC DIPLOMACY TRAINING.

    ((a) Statement of Policy.--It 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 shall emphasize the importance of public diplomacy and 
        applicable skills and techniques. The Secretary shall consider 
        the priority recruitment into the Foreign Service, at middle-
        level entry, of individuals with expertise and professional 
        experience in public diplomacy, mass communications, or 
        journalism. The Secretary 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 predominantly Muslim 
        countries. Such increase shall be accomplished through the 
        recruitment of new officers and incentives for officers in 
        service.

(SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM COUNTRIES.

    ((a) Declaration of Policy.--Congress declares that 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. 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. 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.
    ((b) 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 (a).

(SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION IN FOREIGN SERVICE.

    ((a) In General.--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 new 
sentences: ``The precepts for such selection boards shall also consider 
whether the member of the Service or the member of the Senior Foreign 
Service, as the case may be, has served in at least one position in 
which the primary responsibility of such member was related to public 
diplomacy. A member may not be promoted into or within the Senior 
Foreign Service if such member has not served in at least one such 
position.''.
    ((b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2009.

            (CHAPTER 2--UNITED STATES MULTILATERAL DIPLOMACY

(SEC. 4031. PURPOSE.

    (It is the purpose of this chapter to strengthen United States 
leadership and effectiveness at international organizations and 
multilateral institutions.

(SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.

    ((a) In General.--The President, acting through the Secretary of 
State and the relevant United States chiefs of mission, shall--
            ((1) 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
            ((2) seek to establish a democracy caucus at the United 
        Nations Conference on Disarmament and at other broad-based 
        international organizations.
    ((b) Purposes of the Caucus.--A democracy caucus at an 
international organization should--
            ((1) 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;
            ((2) work to revise an increasingly outmoded system of 
        membership selection, regional voting, and decision making; and
            ((3) 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.

(SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.

    ((a) United States Policy.--The President, acting through the 
Secretary of State and the relevant United States chiefs of mission, 
shall 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 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 leadership position in such organizations, or for membership 
        on the United Nations Security Council, if the member country 
        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)).
    ((b) Report to Congress.--Not later than 15 days after a country 
subject to a determination under one or more of the provisions of law 
specified in subsection (a)(3) is selected for membership or a 
leadership post in an international organization of which the United 
States is a member or for membership on the United Nations Security 
Council, 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 any steps 
taken pursuant to subsection (a)(3).

(SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.

    ((a) Training Programs.--Section 708 of the Foreign Service Act of 
1980 (22 U.S.C. 4028) is amended by adding at the end the following new 
subsection:
    (``(c) Training in Multilateral Diplomacy.--
            (``(1) In general.--The Secretary shall establish a series 
        of training courses for officers of the Service, including 
        appropriate chiefs of mission, on the conduct of diplomacy at 
        international organizations and other multilateral institutions 
        and at broad-based multilateral negotiations of international 
        instruments.
            (``(2) Particular programs.--The Secretary shall ensure 
        that the training described in paragraph (1) is provided at 
        various stages of the career of members of the service. In 
        particular, the Secretary shall ensure that after January 1, 
        2006--
                    (``(A) 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
                    (``(B) 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 towards such organizations and institutions or 
                towards 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.''.
    ((b) 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 section 
708(c) of the Foreign Service Act of 1980 (as amended by subsection 
(a)) receive training described in such section.
    ((c) Conforming Amendments.--Section 708 of such Act is further 
amended--
            ((1) in subsection (a), by striking ``(a) The'' and 
        inserting ``(a) Training on Human Rights.--The''; and
            ((2) in subsection (b), by striking ``(b) The'' and 
        inserting ``(b) Training on Refugee Law and Religious 
        Persecution.--The''.

(SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL 
              NEGOTIATIONS.

    ((a) Establishment of Office.--The Secretary of State is authorized 
to establish, within the Bureau of International Organizational 
Affairs, an Office on Multilateral Negotiations to be headed by a 
Special Representative for Multilateral Negotiations (in this section 
referred to as the ``Special Representative'').
    ((b) Appointment.--The Special Representative shall be appointed by 
the President and shall have the rank of Ambassador-at-Large. At the 
discretion of the President another official at the Department may 
serve as the Special Representative.
    ((c) Staffing.--The Special Representative shall have a staff of 
Foreign Service and civil service officers skilled in multilateral 
diplomacy.
    ((d) Duties.--The Special Representative shall have the following 
responsibilities:
            ((1) In general.--The primary responsibility of the Special 
        Representative shall be to assist in the organization of, and 
        preparation for, United States participation in multilateral 
        negotiations, including advocacy efforts undertaken by the 
        Department of State and other United States Government 
        agencies.
            ((2) Consultations.--The Special Representative shall 
        consult with Congress, international organizations, 
        nongovernmental organizations, and the private sector on 
        matters affecting multilateral negotiations.
            ((3) Advisory role.--The Special Representative shall 
        advise the Assistant Secretary for International Organizational 
        Affairs and, as appropriate, the Secretary of State, regarding 
        advocacy at international organizations, multilateral 
        institutions, and negotiations, and shall make recommendations 
        regarding--
                    ((A) effective strategies (and tactics) to achieve 
                United States policy objectives at multilateral 
                negotiations;
                    ((B) the need for and timing of high level 
                intervention by the President, the Secretary of State, 
                the Deputy Secretary of State, and other United States 
                officials to secure support from key foreign government 
                officials for United States positions at such 
                organizations, institutions, and negotiations; and
                    ((C) the composition of United States delegations 
                to multilateral negotiations.
            ((4) Annual diplomatic missions of multilateral issues.--
        The Special Representative, in coordination with the Assistant 
        Secretary for International Organizational Affairs, shall 
        organize annual diplomatic missions to appropriate foreign 
        countries to conduct consultations between principal officers 
        responsible for advising the Secretary of State on 
        international organizations and high-level representatives of 
        the governments of such foreign countries to promote the United 
        States agenda at the United Nations General Assembly and other 
        key international fora (such as the United Nations Human Rights 
        Commission).
            ((5) Leadership and membership of international 
        organizations.--The Special Representative, in coordination 
        with the Assistant Secretary of International Organizational 
        Affairs, shall direct the efforts of the United States to 
        reform the criteria for leadership of and membership in 
        international organizations as described in section 4033.
            ((6) Participation in multilateral negotiations.--The 
        Secretary of State may direct the Special Representative to 
        serve as a member of a United States delegation to any 
        multilateral negotiation.

                      (CHAPTER 3--OTHER PROVISIONS

(SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
              SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE 
              SCHOLARSHIPS.

    ((a) Findings.--Congress finds the following:
            ((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) American-sponsored elementary and secondary schools 
        are located in more than 20 countries with significant Muslim 
        populations in the Near East, Africa, South Asia, Central Asia, 
        and East Asia.
            ((3) American-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) Purpose.--The United States has an interest in increasing the 
level of financial support provided to American-sponsored elementary 
and secondary schools in predominantly Muslim countries, 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 Authorized.--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 
American-sponsored elementary and secondary schools in predominantly 
Muslim countries for the purpose of providing full or partial merit-
based scholarships to students from lower- and middle-income families 
of such countries to attend such schools.
    ((d) Determination of Eligible Students.--For purposes of expending 
grant funds, an American-sponsored elementary and secondary school that 
receives a grant under subsection (c) is authorized to establish 
criteria to be implemented by such school to determine what constitutes 
lower- 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 an American-
sponsored elementary or secondary school in a predominantly Muslim 
country.
    ((g) Report.--Not later than April 15, 2006, the Secretary 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 such sums as may be necessary for each of fiscal 
years 2005, 2006, and 2007 to carry out this section.

(SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA.

    ((a) Findings.--Congress makes the following findings:
            ((1) Freedom of speech and freedom of the press are 
        fundamental human rights.
            ((2) 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.
            ((3) Free media is undermined, endangered, or nonexistent 
        in many repressive and transitional societies around the world, 
        including in Eurasia, Africa, and the Middle East.
            ((4) Individuals lacking access to a plurality of free 
        media are vulnerable to misinformation and propaganda and are 
        potentially more likely to adopt anti-American views.
            ((5) Foreign governments have a responsibility to actively 
        and publicly discourage and rebut unprofessional and unethical 
        media while respecting journalistic integrity and editorial 
        independence.
    ((b) Statements of Policy.--It shall be the policy of the United 
States, acting through the Secretary of State, to--
            ((1) ensure that the promotion of press freedoms and free 
        media worldwide is a priority of United States foreign policy 
        and an integral component of United States public diplomacy;
            ((2) respect the journalistic integrity and editorial 
        independence of free media worldwide; and
            ((3) ensure that widely accepted standards for professional 
        and ethical journalistic and editorial practices are employed 
        when assessing international media.
    ((c) Grants to Private Sector Group to Establish Media Network.--
            ((1) In general.--Grants made available to the National 
        Endowment for Democracy (NED) pursuant to paragraph (3) shall 
        be used by NED to provide funding to a private sector group to 
        establish and manage a free and independent media network in 
        accordance with paragraph (2).
            ((2) Purpose.--The purpose of the network shall be to 
        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 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.
            ((3) Funding.--For grants made by the Department of State 
        to NED as authorized by the National Endowment for Democracy 
        Act (Public Law 98-164, 97 Stat. 1039), there are authorized to 
        be appropriated to the Secretary of State such sums as may be 
        necessary for each of fiscal years 2005, 2006, and 2007 to 
        carry out this section.

(SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA COVERAGE OF THE 
              UNITED STATES.

    ((a) Findings.--Congress finds the following:
            ((1) Biased or false media coverage of the United States 
        and its allies is a significant factor encouraging terrorist 
        acts against the people of the United States.
            ((2) Public diplomacy efforts designed to encourage an 
        accurate understanding of the people of the United States and 
        the policies of the United States are unlikely to succeed if 
        foreign publics are subjected to unrelenting biased or false 
        local media coverage of the United States.
            ((3) Where freedom of the press exists in foreign countries 
        the United States can combat biased or false media coverage by 
        responding in the foreign media or by communicating directly to 
        foreign publics in such countries.
            ((4) Foreign governments which encourage biased or false 
        media coverage of the United States bear a significant degree 
        of responsibility for creating a climate within which terrorism 
        can flourish. Such governments are responsible for encouraging 
        biased or false media coverage if they--
                    ((A) issue direct or indirect instructions to the 
                media to publish biased or false information regarding 
                the United States;
                    ((B) make deliberately biased or false charges 
                expecting that such charges will be disseminated; or
                    ((C) so severely constrain the ability of the media 
                to express criticism of any such government that one of 
                the few means of political expression available is 
                criticism of the United States.
    ((b) Statements of Policy.--
            ((1) Foreign governments.--It shall be the policy of the 
        United States to regard foreign governments as knowingly 
        engaged in unfriendly acts toward the United States if such 
        governments--
                    ((A) instruct their state-owned or influenced media 
                to include content that is anti-American or prejudicial 
                to the foreign and security policies of the United 
                States; or
                    ((B) make deliberately false charges regarding the 
                United States or permit false or biased charges against 
                the United States to be made while constraining normal 
                political discourse.
            ((2) Seeking media access; responding to false charges.--It 
        shall be the policy of the United States to--
                    ((A) seek access to the media in foreign countries 
                on terms no less favorable than those afforded any 
                other foreign entity or on terms available to the 
                foreign country in the United States; and
                    ((B) combat biased or false media coverage in 
                foreign countries of the United States and its allies 
                by responding in the foreign media or by communicating 
                directly to foreign publics.
    ((c) Responsibilities Regarding Biased or False Media Coverage.--
            ((1) Secretary of state.--The Secretary of State shall 
        instruct chiefs of mission to report on and combat biased or 
        false media coverage originating in or received in foreign 
        countries to which such chiefs are posted. Based on such 
        reports and other information available to the Secretary, the 
        Secretary shall prioritize efforts to combat such media 
        coverage, giving special attention to audiences where fostering 
        popular opposition to terrorism is most important and such 
        media coverage is most prevalent.
            ((2) Chiefs of mission.--Chiefs of mission shall have the 
        following responsibilities:
                    ((A) Chiefs of mission shall give strong priority 
                to combatting biased or false media reports in foreign 
                countries to which such chiefs are posted regarding the 
                United States.
                    ((B) Chiefs of mission posted to foreign countries 
                in which freedom of the press exists shall inform the 
                governments of such countries of the policies of the 
                United States regarding biased or false media coverage 
                of the United States, and shall make strong efforts to 
                persuade such governments to change policies that 
                encourage such media coverage.
    ((d) Reports.--Not later than 120 days after the date of the 
enactment of this Act and at least annually thereafter until January 1, 
2015, the Secretary shall submit to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report regarding the major themes of biased 
or false media coverage of the United States in foreign countries, the 
actions taken to persuade foreign governments to change policies that 
encourage such media coverage (and the results of such actions), and 
any other actions taken to combat such media coverage in foreign 
countries.

(SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY.

    ((a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the strategy 
of the United States to expand its outreach to foreign Muslim audiences 
through broadcast media.
    ((b) Content.--The report required under subsection (a) shall 
contain the following:
            ((1) An assessment of the Broadcasting Board of Governors 
        and the public diplomacy activities of the Department of State 
        with respect to outreach to foreign Muslim audiences through 
        broadcast media.
            ((2) An outline of recommended actions that the United 
        States should take to more regularly and comprehensively 
        present a United States point of view through indigenous 
        broadcast media in countries with sizeable Muslim populations, 
        including increasing appearances by United States Government 
        officials, experts, and citizens.
            ((3) 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 Muslim countries in 
        order to present those programs to a much broader Muslim 
        audience than is currently reached.
            ((4) An assessment of providing a training program in media 
        and press affairs for members of the Foreign Service.

(SEC. 4045. OFFICE RELOCATION.

    (As soon as practicable after the date of the enactment of this 
Act, the Secretary of State shall take such actions as are necessary to 
consolidate within the Harry S. Truman Building all offices of the 
Department of State that are responsible for the conduct of public 
diplomacy, including the Bureau of Educational and Cultural Affairs.

(SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOCRACIES FOR MUSLIM 
              COUNTRIES.

    ((a) Sense of Congress.--It is the sense of Congress that the 
United States--
            ((1) should work with the Community of Democracies to 
        discuss, develop, and refine policies and assistance programs 
        to support and promote political, economic, judicial, 
        educational, and social reforms in Muslim countries;
            ((2) should, as part of that effort, secure support to 
        require countries seeking membership in the Community of 
        Democracies to be in full compliance with the Community's 
        criteria for participation, as established by the Community's 
        Convening Group, should work to ensure that the criteria are 
        part of a legally binding document, and should urge other donor 
        countries to use compliance with the criteria as a basis for 
        determining diplomatic and economic relations (including 
        assistance programs) with such participating countries; and
            ((3) should seek support for international contributions to 
        the Community of Democracies and should seek authority for the 
        Community's Convening Group to oversee adherence and compliance 
        of participating countries with the criteria.
    ((b) Middle East Partnership Initiative and Broader Middle East and 
North Africa Initiative .--Amounts made available to carry out the 
Middle East Partnership Initiative and the Broader Middle East and 
North Africa Initiative may be made available to the Community of 
Democracies in order to strengthen and expand its work with Muslim 
countries.
    ((c) Report.--The Secretary of State shall include in the annual 
report entitled ``Supporting Human Rights and Democracy: The U.S. 
Record'' a description of efforts by the Community of Democracies to 
support and promote political, economic, judicial, educational, and 
social reforms in Muslim countries and the extent to which such 
countries meet the criteria for participation in the Community of 
Democracies.

 (Subtitle C--Reform of Designation of Foreign Terrorist Organizations

(SEC. 4051. 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) have 
                        changed in such a manner as to warrant 
                        revocation with respect to the organization.
                            (``(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 6-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. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON 
              TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK 
              WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN 
              DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.

    ((a) Inclusion in Reports.--Section 140 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is 
amended--
            ((1) in subsection (a)(2)--
                    ((A) by inserting ``any terrorist group known to 
                have obtained or developed, or to have attempted to 
                obtain or develop, weapons of mass destruction,'' after 
                ``during the preceding five years,''; and
                    ((B) by inserting ``any group designated by the 
                Secretary as a foreign terrorist organization under 
                section 219 of the Immigration and Nationality Act (8 
                U.S.C. 1189),'' after ``Export Administration Act of 
                1979,'';
            ((2) in subsection (b)(1)(C)(iii), by striking ``and'' at 
        the end;
            ((3) in subsection (b)(1)(C)--
                    ((A) by redesignating clause (iv) as clause (v); 
                and
                    ((B) by inserting after clause (iii) the following 
                new clause:
                            (``(iv) providing weapons of mass 
                        destruction, or assistance in obtaining or 
                        developing such weapons, to terrorists or 
                        terrorist groups; and''; and
            ((4) in subsection (b)(3) (as redesignated by section 
        4002(b)(2)(B) of this Act)--
                    ((A) by redesignating subparagraphs (C), (D), and 
                (E) as (D), (E), and (F), respectively; and
                    ((B) by inserting after subparagraph (B) the 
                following new subparagraph:
                    (``(C) efforts by those groups to obtain or develop 
                weapons of mass destruction;''.
    ((b) Effective Date.--The amendments made by subsection (a) shall 
apply beginning with the first report under section 140 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
2656f), submitted more than one year after the date of the enactment of 
this Act.

    (Subtitle D--Afghanistan Freedom Support Act Amendments of 2004

(SEC. 4061. SHORT TITLE.

    (This subtitle may be cited as the ``Afghanistan Freedom Support 
Act Amendments of 2004''.

(SEC. 4062. COORDINATION OF ASSISTANCE FOR AFGHANISTAN.

    ((a) Findings.--Congress finds that--
            ((1) 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; and
            ((2) the Afghanistan Freedom Support Act of 2002 (Public 
        Law 107-327; 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.
    ((b) 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''.
    ((c) Other Matters.--Section 104 of such Act (22 U.S.C. 7514) is 
amended by adding at the end the following:
    (``(c) Program Plan.--The coordinator designated under subsection 
(a) shall annually submit to the Committees on International Relations 
and Appropriations of the House of Representatives and the Committees 
on Foreign Relations and Appropriations of the Senate the 
Administration's plan for assistance to Afghanistan together with a 
description of such assistance in prior years.
    (``(d) Coordination With International Community.--The coordinator 
designated under subsection (a) shall work with the international 
community, including multilateral organizations and international 
financial institutions, 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.''.

(SEC. 4063. GENERAL PROVISIONS RELATING TO THE AFGHANISTAN FREEDOM 
              SUPPORT ACT OF 2002.

    ((a) Assistance to Promote Economic, Political and Social 
Development.--
            ((1) 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).
            ((2) 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''.
    ((b) Declarations of Policy.--Congress makes the following 
declarations:
            ((1) 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.
            ((2) 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 by warlords or narcotics 
        traffickers.
            ((3)(A) 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.
            ((B) The United States should continue to lead in the 
        security domain by, among other things, providing logistical 
        support to facilitate those contributions.
            ((C) In coordination with the Government of Afghanistan, 
        the United States should urge others, and act itself, to 
        increase efforts to promote disarmament, demobilization, and 
        reintegration efforts, to enhance counternarcotics activities, 
        to expand deployments of Provincial Reconstruction Teams, and 
        to increase training of Afghanistan's National Army and its 
        police and border security forces.
    ((c) Long-Term Strategy.--
            ((1) Strategy.--Title III of such Act (22 U.S.C. 7551 et 
        seq.) is amended by adding at the end the following:

(``SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

    (``(a) Strategy.--
            (``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Afghanistan Freedom Support Act 
        Amendments of 2004, the President shall formulate and transmit 
        to the Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate a 5-year strategy for Afghanistan that includes specific 
        and measurable goals, timeframes for accomplishing such goals, 
        and specific resource levels necessary for accomplishing such 
        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.
            (``(2) Additional requirement.--The strategy shall also 
        delineate responsibilities for achieving such goals and 
        identify and address possible external factors that could 
        significantly affect the achievement of such goals.
    (``(b) Implementation.--Not later than 30 days after the date of 
the transmission of the strategy required by subsection (a), the 
Secretary of State, the Administrator of the United States Agency for 
International Development, and the Secretary of Defense shall submit to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
written 5-year action plan to implement the strategy developed pursuant 
to subsection (a). Such action plan shall include a description and 
schedule of the program evaluations that will monitor progress toward 
achieving the goals described in subsection (a).
    (``(c) Review.--The Secretary of State, the Administrator of the 
United States Agency for International Development, and the Secretary 
of Defense shall carry out an annual review of the strategy required by 
subsection (a) and the action plan required by subsection (b).
    (``(d) Monitoring.--The report required by section 206(c)(2) of 
this Act shall include--
            (``(1) a description of progress toward implementation of 
        both the strategy required by subsection (a) and the action 
        plan required by subsection (b); and
            (``(2) a description of any changes to the strategy or 
        action plan since the date of the submission of the last report 
        required by such section.''.
            ((2) 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:

<star>``Sec. 304. Formulation of long-term strategy for Afghanistan.''.

(SEC. 4064. RULE OF LAW AND RELATED ISSUES.

    (Section 103(a)(5)(A) of the Afghanistan Freedom Support Act of 
2002 (22 U.S.C. 7513(a)(5)(A)) is amended--
            ((1) in clause (v), to read as follows:
                            (``(v) support for the activities of the 
                        Government of Afghanistan 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;'';
            ((2) in clause (xii), to read as follows:
                            (``(xii) 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, to establish a 
                        responsible and community-based police force, 
                        and to rehabilitate or construct courthouses 
                        and detention facilities;'';
            ((3) in clause (xiii), by striking ``and'' at the end;
            ((4) in clause (xiv), by striking the period at the end and 
        inserting ``; and''; and
            ((5) by adding at the end the following:
                            (``(xv) assistance for the protection of 
                        Afghanistan's culture, history, and national 
                        identity, including with the rehabilitation of 
                        Afghanistan's museums and sites of cultural 
                        significance.''.

(SEC. 4065. MONITORING OF ASSISTANCE.

    (Section 108 of the Afghanistan Freedom Support Act of 2002 (22 
U.S.C. 7518) is amended by adding at the end the following:
    (``(c) Monitoring of Assistance for Afghanistan.--
            (``(1) Report.--Not later than January 15, 2005, and every 
        six months thereafter, the Secretary of State, in consultation 
        with the Administrator for the United States Agency for 
        International Development, 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 
        obligations and expenditures of United States assistance for 
        Afghanistan from all United States Government agencies.
            (``(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 
        by such paragraph.''.

(SEC. 4066. UNITED STATES POLICY TO SUPPORT DISARMAMENT OF PRIVATE 
              MILITIAS AND TO SUPPORT EXPANSION OF INTERNATIONAL 
              PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.

    ((a) Disarmament of Private Militias.--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) United States Policy Relating to Disarmament of Private 
Militias.--
            (``(1) 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.
            (``(2) Report.--The report required by section 206(c)(2) of 
        this Act shall include a description of the progress to 
        implement paragraph (1).''.
    ((b) International Peacekeeping and Security Operations.--Section 
103 of such Act (22 U.S.C. 7513(d)), as amended by subsection (a), is 
further 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.''.

(SEC. 4067. 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 to the Committee on International Relations of 
                the House of Representatives and the Committee on 
                Foreign Relations of the Senate a report on efforts 
                carried out pursuant to subparagraph (A). 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 six 
                months thereafter and may be included in the report 
                required by section 206(c)(2) of this Act.''.

(SEC. 4068. PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN 
              AFGHANISTAN.

    ((a) counternarcotics Efforts.--The Afghanistan Freedom Support Act 
of 2002 (22 U.S.C. 7501 et seq.) is amended--
            ((1) by redesignating--
                    ((A) title III as title IV; and
                    ((B) sections 301 through 304 as sections 401 
                through 404, respectively; and
            ((2) by inserting after title II the following:

   (``TITLE III--PROVISIONS RELATING TO counternarcotics EFFORTS IN 
                              AFGHANISTAN

(``SEC. 301. ASSISTANCE FOR COUNTERNARCOTICS EFFORTS.

    (``In addition to programs established pursuant to section 
103(a)(3) of this Act or other similar programs, the President is 
authorized and encouraged to implement specific initiatives to assist 
in the eradication of poppy cultivation and the disruption of heroin 
production in Afghanistan, such as--
            (``(1) promoting 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;
            (``(2) enhancing the ability of farmers to bring legitimate 
        agricultural goods to market;
            (``(3) notwithstanding section 660 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2420), assistance, including 
        nonlethal 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 2006 through 2008, for salaries for special 
        counternarcotics police and supporting units;
            (``(4) training the Afghan National Army in 
        counternarcotics activities; and
            (``(5) creating special counternarcotics courts, 
        prosecutors, and places of incarceration.''.
    ((b) Clerical Amendments.--The table of contents for such Act (22 
U.S.C. 7501 note) is amended--
            ((1) by redesignating--
                    ((A) the item relating to title III as the item 
                relating to title IV; and
                    ((B) the items relating to sections 301 through 304 
                as the items relating to sections 401 through 404; and
            ((2) by inserting after the items relating to title II the 
        following:

 <star>``TITLE III--PROVISIONS RELATING TO counternarcotics EFFORTS IN 
                              AFGHANISTAN

<star>``Sec. 301. Assistance for counternarcotics efforts.''.

(SEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANISTAN FREEDOM SUPPORT 
              ACT OF 2002.

    ((a) Technical Amendment.--Section 103(a)(7)(A)(xii) of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)(A)(xii)) 
is amended by striking ``National'' and inserting ``Afghan 
Independent''.
    ((b) Reporting Requirement.--Section 206(c)(2) of such Act (22 
U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A) 
by striking ``2007'' and inserting ``2012''.

(SEC. 4070. REPEAL.

    (Section 620D of the Foreign Assistance Act of 1961 (22 U.S.C. 
2374; relating to prohibition on assistance to Afghanistan) is hereby 
repealed.

     (Subtitle E--Provisions Relating to Saudi Arabia and Pakistan

(SEC. 4081. NEW UNITED STATES STRATEGY FOR RELATIONSHIP WITH SAUDI 
              ARABIA.

    ((a) Sense of Congress.--It is the sense of Congress that the 
relationship between the United States and Saudi Arabia should include 
a more robust dialogue between the people and Government of the United 
States and the people and Government of Saudi Arabia in order to 
provide for a reevaluation of, and improvements to, the relationship by 
both sides.
    ((b) Report.--
            ((1) In general.-- Not later than one year after the date 
        of the enactment of this Act, the President shall transmit to 
        the Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate a strategy for collaboration with the people and 
        Government of Saudi Arabia on subjects of mutual interest and 
        importance to the United States.
            ((2) Contents.--The strategy required under paragraph (1) 
        shall include the following provisions:
                    ((A) A framework for security cooperation in the 
                fight against terrorism, with special reference to 
                combating terrorist financing and an examination of the 
                origins of modern terrorism.
                    ((B) A framework for political and economic reform 
                in Saudi Arabia and throughout the Middle East.
                    ((C) An examination of steps that should be taken 
                to reverse the trend toward extremism in Saudi Arabia 
                and other Muslim countries and throughout the Middle 
                East.
                    ((D) A framework for promoting greater tolerance 
                and respect for cultural and religious diversity in 
                Saudi Arabia and throughout the Middle East.

(SEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.

    ((a) Sense of Congress.--It is the sense of Congress that the 
United States should, over a long-term period, help to ensure a 
promising, stable, and secure future for Pakistan, and should in 
particular provide assistance to encourage and enable Pakistan--
            ((1) to continue and improve upon its commitment to 
        combating extremists;
            ((2) to seek to resolve any outstanding difficulties with 
        its neighbors and other countries in its region;
            ((3) to continue to make efforts to fully control its 
        territory and borders;
            ((4) to progress towards becoming a more effective and 
        participatory democracy;
            ((5) to participate more vigorously in the global 
        marketplace and to continue to modernize its economy;
            ((6) to take all necessary steps to halt the spread of 
        weapons of mass destruction;
            ((7) to continue to reform its education system; and
            ((8) to, in other ways, implement a general strategy of 
        moderation.
    ((b) Strategy.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to Congress a 
detailed proposed strategy for the future, long-term, engagement of the 
United States with Pakistan.

(SEC. 4083. 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''.

                   (Subtitle F--Oversight Provisions

(SEC. 4091. 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 cause to be published in slip 
form or otherwise made 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 (commonly referred to as the ``Case-Zablocki Act''), is 
amended--
            ((1) in the first sentence, by striking ``has entered into 
        force'' and inserting ``has been signed or entered into 
        force''; and
            ((2) in the second sentence, 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 submit to Congress on an 
annual basis a report that contains an index of all international 
agreements (including oral 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 ``(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) 
of this section) 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) of this 
section) include, but are not limited to, 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 the enactment of the 9/11 Recommendations 
Implementation Act and shall apply during fiscal years 2005, 2006, and 
2007.''.

 (Subtitle G--Additional Protections of United States Aviation System 
                         from Terrorist Attacks

(SEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF 
              FEDERAL FLIGHT DECK OFFICERS.

    (The President is encouraged to pursue aggressively international 
agreements with foreign governments to allow the maximum deployment of 
Federal air marshals and Federal flight deck officers on international 
flights.

(SEC. 4102. FEDERAL 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 appropriate records in 
        the consolidated and integrated terrorist watchlists of 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. 4103. 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 each airworthiness 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 are 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.

(Subtitle H--Improving International Standards and Cooperation to Fight 
                          Terrorist Financing

(SEC. 4111. SENSE OF THE CONGRESS REGARDING SUCCESS IN MULTILATERAL 
              ORGANIZATIONS.

    ((a) Commendation.--The Congress commends the Secretary of the 
Treasury for success and leadership in establishing international 
standards for fighting terrorist finance through multilateral 
organizations, including the Financial Action Task Force (FATF) at the 
Organization for Economic Cooperation and Development, the 
International Monetary Fund, the International Bank for Reconstruction 
and Development, and the regional multilateral development banks.
    ((b) Policy Guidance.--The Congress encourages the Secretary of the 
Treasury to direct the United States Executive Director at each 
international financial institution to use the voice and vote of the 
United States to urge the institution, and encourages the Secretary of 
the Treasury to use the voice and vote of the United States in other 
multilateral financial policymaking bodies, to--
            ((1) provide funding for the implementation of FATF anti-
        money laundering and anti-terrorist financing standards; and
            ((2) promote economic development in the Middle East.

(SEC. 4112. EXPANDED REPORTING REQUIREMENT FOR THE SECRETARY OF THE 
              TREASURY.

    ((a) In General.--Section 1701(b) of the International Financial 
Institutions Act (22 U.S.C. 262r(b)) is amended--
            ((1) by striking ``and'' at the end of paragraph (10); and
            ((2) by redesignating paragraph (11) as paragraph (12) and 
        inserting after paragraph (10) the following:
            (``(11) an assessment of--
                    (``(A) the progress made by the International 
                Terrorist Finance Coordinating Council in developing 
                policies to be pursued with the international financial 
                institutions and other multilateral financial 
                policymaking bodies regarding anti-terrorist financing 
                initiatives;
                    (``(B) the progress made by the United States in 
                negotiations with the international financial 
                institutions and other multilateral financial 
                policymaking bodies to set common anti-terrorist 
                financing standards;
                    (``(C) the extent to which the international 
                financial institutions and other multilateral financial 
                policymaking bodies have adopted anti-terrorist 
                financing standards advocated by the United States; and
                    (``(D) whether and how the international financial 
                institutions are contributing to the fight against the 
                financing of terrorist activities; and''.
    ((b) Other Multilateral Policymaking Bodies Defined.--Section 
1701(c) of such Act (22 U.S.C. 262r(c)) is amended by adding at the end 
the following:
            (``(5) Other multilateral financial policymaking bodies.--
        The term `other multilateral financial policymaking bodies' 
        means--
                    (``(A) the Financial Action Task Force at the 
                Organization for Economic Cooperation and Development;
                    (``(B) the international network of financial 
                intelligence units known as the `Egmont Group';
                    (``(C) the United States, Canada, the United 
                Kingdom, France, Germany, Italy, Japan, and Russia, 
                when meeting as the Group of Eight; and
                    (``(D) any other multilateral financial 
                policymaking group in which the Secretary of the 
                Treasury represents the United States.''.

(SEC. 4113. INTERNATIONAL TERRORIST FINANCE COORDINATING COUNCIL.

    ((a) Establishment.--The Secretary of the Treasury shall establish 
and convene an interagency council, to be known as the ``International 
Terrorist Finance Coordinating Council'' (in this section referred to 
as the ``Council''), which shall advise the Secretary on policies to be 
pursued by the United States at meetings of the international financial 
institutions and other multilateral financial policymaking bodies, 
regarding the development of international anti-terrorist financing 
standards.
    ((b) Meetings.--
            ((1) Attendees.--
                    ((A) General attendees.--The Secretary of the 
                Treasury (or a representative of the Secretary of the 
                Treasury) and the Secretary of State (or a 
                representative of the Secretary of State) shall attend 
                each Council meeting.
                    ((B) Other attendees.--The Secretary of the 
                Treasury shall determine which other officers of the 
                Federal Government shall attend a Council meeting, on 
                the basis of the issues to be raised for consideration 
                at the meeting. The Secretary shall include in the 
                meeting representatives from all relevant Federal 
                agencies with authority to address the issues.
            ((2) Schedule.--Not less frequently than annually, the 
        Secretary of the Treasury shall convene Council meetings at 
        such times as the Secretary deems appropriate, based on the 
        notice, schedule, and agenda items of the international 
        financial institutions and other multilateral financial 
        policymaking bodies.

(SEC. 4114. DEFINITIONS.

    (In this subtitle:
            ((1) International financial institutions.--The term 
        ``international financial institutions'' has the meaning given 
        in section 1701(c)(2) of the International Financial 
        Institutions Act.
            ((2) Other multilateral financial policymaking bodies.--The 
        term ``other multilateral financial policymaking bodies'' 
        means--
                    ((A) the Financial Action Task Force at the 
                Organization for Economic Cooperation and Development;
                    ((B) the international network of financial 
                intelligence units known as the ``Egmont Group'';
                    ((C) the United States, Canada, the United Kingdom, 
                France, Germany, Italy, Japan, and Russia, when meeting 
                as the Group of Eight; and
                    ((D) any other multilateral financial policymaking 
                group in which the Secretary of the Treasury represents 
                the United States.

                   (TITLE V--GOVERNMENT RESTRUCTURING

      (Subtitle A--Faster and Smarter Funding for First Responders

(SEC. 5001. SHORT TITLE.

    (This subtitle may be cited as the ``Faster and Smarter Funding for 
First Responders Act of 2004''.

(SEC. 5002. FINDINGS.

    (The Congress finds the following:
            ((1) In order to achieve its objective of minimizing the 
        damage, and assisting in the recovery, from terrorist attacks, 
        the Department of Homeland Security must play a leading role in 
        assisting communities to reach the level of preparedness they 
        need to respond to a terrorist attack.
            ((2) First responder funding is not reaching the men and 
        women of our Nation's first response teams quickly enough, and 
        sometimes not at all.
            ((3) To reform the current bureaucratic process so that 
        homeland security dollars reach the first responders who need 
        it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        that support first responders.
            ((4) Ensuring adequate resources for the new national 
        mission of homeland security, without degrading the ability to 
        address effectively other types of major disasters and 
        emergencies, requires a discrete and separate grant making 
        process for homeland security funds for first response to 
        terrorist acts, on the one hand, and for first responder 
        programs designed to meet pre-September 11 priorities, on the 
        other.
            ((5) While a discrete homeland security grant making 
        process is necessary to ensure proper focus on the unique 
        aspects of terrorism prevention, preparedness, and response, it 
        is essential that State and local strategies for utilizing such 
        grants be integrated, to the greatest extent practicable, with 
        existing State and local emergency management plans.
            ((6) Homeland security grants to first responders must be 
        based on the best intelligence concerning the capabilities and 
        intentions of our terrorist enemies, and that intelligence must 
        be used to target resources to the Nation's greatest threats, 
        vulnerabilities, and consequences.
            ((7) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation. Such regional 
        cooperation should be supported, where appropriate, through 
        direct grants from the Department of Homeland Security.
            ((8) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.
            ((9) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        terrorism preparedness, to determine the nature and extent of 
        State and local first responder needs, to identify the human 
        and financial resources required to fulfill them, and to direct 
        funding to meet those needs and to measure preparedness levels 
        on a national scale.
            ((10) To facilitate progress in achieving, maintaining, and 
        enhancing essential capabilities for State and local first 
        responders, the Department of Homeland Security should seek to 
        allocate homeland security funding for first responders to meet 
        nationwide needs.
            ((11) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            ((12) Public-private partnerships, such as the partnerships 
        between the Business Executives for National Security and the 
        States of New Jersey and Georgia, can be useful to identify and 
        coordinate private sector support for State and local first 
        responders. Such models should be expanded to cover all States 
        and territories.
            ((13) An important aspect of essential capabilities is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to respond to acts of terrorism.
            ((14) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training to attain the essential capabilities for 
        first response to acts of terrorism, and to ensure that first 
        responder funds are spent wisely.

(SEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ((a) In General.--The Homeland Security Act of 2002 (Public Law 
107-296; 6 U.S.C. 361 et seq.) is amended--
            ((1) in section 1(b) in the table of contents by adding at 
        the end the following:

           <star>``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

        <star>``Sec. 1801. Definitions.
        <star>``Sec. 1802. Faster and smarter funding for first 
                            responders.
        <star>``Sec. 1803. Essential capabilities for first responders.
        <star>``Sec. 1804. Task Force on Essential Capabilities for 
                            First Responders.
        <star>``Sec. 1805. Covered grant eligibility and criteria.
        <star>``Sec. 1806. Use of funds and accountability 
                            requirements.
        <star>``Sec. 1807. National standards for first responder 
                            equipment and training.'';
        (and
            ((2) by adding at the end the following:

              (``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

(``SEC. 1801. DEFINITIONS.

    (``In this title:
            (``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1805(f).
            (``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1802.
            (``(3) Directly eligible tribe.--The term `directly 
        eligible tribe' means any Indian tribe or consortium of Indian 
        tribes that--
                    (``(A) meets the criteria for inclusion in the 
                qualified applicant pool for Self-Governance that are 
                set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));
                    (``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    (``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    (``(ii) is located within 5 miles of a facility 
                within a critical infrastructure sector identified in 
                section 1803(c)(2);
                    (``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas in the 
                United States; or
                    (``(iv) has more than 1,000 square miles of Indian 
                country, as that term is defined in section 1151 of 
                title 18, United States Code.
            (``(4) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            (``(5) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).
            (``(6) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to acts of terrorism 
        consistent with established practices.
            (``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.
            (``(8) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            (``(9) Region.--The term `region' means--
                    (``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    (``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            (``(i) the State or States in which they 
                        are located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            (``(ii) the incorporated municipalities, 
                        counties, and parishes that they encompass.
            (``(10) Task force.--The term `Task Force' means the Task 
        Force on Essential Capabilities for First Responders 
        established under section 1804.

(``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (``(a) Covered Grants.--This title applies to grants provided by 
the Department to States, regions, or directly eligible tribes for the 
primary purpose of improving the ability of first responders to 
prevent, prepare for, respond to, or mitigate threatened or actual 
terrorist attacks, especially those involving weapons of mass 
destruction, administered under the following:
            (``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            (``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            (``(3) Law enforcement terrorism prevention program.--The 
        Law Enforcement Terrorism Prevention Program of the Department, 
        or any successor to such grant program.
            (``(4) Citizen corps program.--The Citizen Corps Program of 
        the Department, or any successor to such grant program.
    (``(b) Excluded Programs.--This title does not apply to or 
otherwise affect the following Federal grant programs or any grant 
under such a program:
            (``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            (``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            (``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

(``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    (``(a) Establishment of Essential Capabilities.--
            (``(1) In general.--For purposes of covered grants, the 
        Secretary shall establish clearly defined essential 
        capabilities for State and local government preparedness for 
        terrorism, in consultation with--
                    (``(A) the Task Force on Essential Capabilities for 
                First Responders established under section 1804;
                    (``(B) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office for Domestic Preparedness;
                    (``(C) the Secretary of Health and Human Services;
                    (``(D) other appropriate Federal agencies;
                    (``(E) State and local first responder agencies and 
                officials; and
                    (``(F) consensus-based standard making 
                organizations responsible for setting standards 
                relevant to the first responder community.
            (``(2) Deadlines.--The Secretary shall--
                    (``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the 
                report under section 1804(b); and
                    (``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            (``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that a detailed description of the essential 
        capabilities established under paragraph (1) is provided 
        promptly to the States and to the Congress. The States shall 
        make the essential capabilities available as necessary and 
        appropriate to local governments within their jurisdictions.
    (``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            (``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--
                    (``(A) the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States;
                    (``(B) the types of threats, vulnerabilities, 
                geography, size, and other factors that the Secretary 
                has determined to be applicable to each different type 
                of community; and
                    (``(C) the principles of regional coordination and 
                mutual aid among State and local governments.
            (``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time period.
            (``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress towards specific terrorism preparedness goals.
            (``(4) Comprehensiveness.--The determination of essential 
        capabilities for terrorism preparedness shall be made within 
        the context of a comprehensive State emergency management 
        system.
    (``(c) Factors To Be Considered.--
            (``(1) In general.--In establishing essential capabilities 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to the Nation's population (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such consideration shall be based upon the most 
        current risk assessment available by the Directorate for 
        Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States.
            (``(2) Critical infrastructure sectors.--The Secretary 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        Nation, urban and rural:
                    (``(A) Agriculture.
                    (``(B) Banking and finance.
                    (``(C) Chemical industries.
                    (``(D) The defense industrial base.
                    (``(E) Emergency services.
                    (``(F) Energy.
                    (``(G) Food.
                    (``(H) Government.
                    (``(I) Postal and shipping.
                    (``(J) Public health.
                    (``(K) Information and telecommunications networks.
                    (``(L) Transportation.
                    (``(M) Water.
            (The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            (``(3) Types of threat.--The Secretary specifically shall 
        consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the Nation, urban and rural:
                    (``(A) Biological threats.
                    (``(B) Nuclear threats.
                    (``(C) Radiological threats.
                    (``(D) Incendiary threats.
                    (``(E) Chemical threats.
                    (``(F) Explosives.
                    (``(G) Suicide bombers.
                    (``(H) Cyber threats.
                    (``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
            (The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            (``(4) Consideration of additional factors.--In 
        establishing essential capabilities under subsection (a)(1), 
        the Secretary shall take into account any other specific threat 
        to a population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary has determined to exist.

(``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST 
              RESPONDERS.

    (``(a) Establishment.--To assist the Secretary in establishing 
essential capabilities under section 1803(a)(1), the Secretary shall 
establish an advisory body pursuant to section 871(a) not later than 60 
days after the date of the enactment of this section, which shall be 
known as the Task Force on Essential Capabilities for First Responders.
    (``(b) Report.--
            (``(1) In general.--The Task Force shall submit to the 
        Secretary, not later than 9 months after its establishment by 
        the Secretary under subsection (a) and every 3 years 
        thereafter, a report on its recommendations for essential 
        capabilities for preparedness for terrorism.
            (``(2) Contents.--The report shall--
                    (``(A) include a priority ranking of essential 
                capabilities in order to provide guidance to the 
                Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    (``(B) set forth a methodology by which any State 
                or local government will be able to determine the 
                extent to which it possesses or has access to the 
                essential capabilities that States and local 
                governments having similar risks should obtain;
                    (``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    (``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    (``(E) include such revisions to the contents of 
                past reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
            (``(3) Consistency with federal working group.--The Task 
        Force shall ensure that its recommendations for essential 
        capabilities are, to the extent feasible, consistent with any 
        preparedness goals or recommendations of the Federal working 
        group established under section 319F(a) of the Public Health 
        Service Act (42 U.S.C. 247d-6(a)).
            (``(4) Comprehensiveness.--The Task Force shall ensure that 
        its recommendations regarding essential capabilities for 
        terrorism preparedness are made within the context of a 
        comprehensive State emergency management system.
            (``(5) Prior measures.--The Task Force shall ensure that 
        its recommendations regarding essential capabilities for 
        terrorism preparedness take into account any capabilities that 
        State or local officials have determined to be essential and 
        have undertaken since September 11, 2001, to prevent or prepare 
        for terrorist attacks.
    (``(c) Membership.--
            (``(1) In general.--The Task Force shall consist of 25 
        members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic and substantive cross 
        section of governmental and nongovernmental first responder 
        disciplines from the State and local levels, including as 
        appropriate--
                    (``(A) members selected from the emergency response 
                field, including fire service and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    (``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    (``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in first responder disciplines; and
                    (``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such official is an elected official 
                representing one of the two major political parties, an 
                equal number of elected officials shall be selected 
                from each such party.
            (``(2) Coordination with the department of health and 
        health services.--In the selection of members of the Task Force 
        who are health professionals, including emergency medical 
        professionals, the Secretary shall coordinate the selection 
        with the Secretary of Health and Human Services.
            (``(3) Ex officio members.--The Secretary and the Secretary 
        of Health and Human Services shall each designate one or more 
        officers of their respective Departments to serve as ex officio 
        members of the Task Force. One of the ex officio members from 
        the Department of Homeland Security shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act (5 App. 
        U.S.C.).
    (``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of 
such Act, and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force.

(``SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.

    (``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe shall be eligible to apply for a covered grant.
    (``(b) Grant Criteria.--In awarding covered grants, the Secretary 
shall assist States and local governments in achieving, maintaining, 
and enhancing the essential capabilities for first responders 
established by the Secretary under section 1803.
    (``(c) State Homeland Security Plans.--
            (``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    (``(A) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    (``(B) demonstrates the needs of the State 
                necessary to achieve, maintain, or enhance the 
                essential capabilities that apply to the State;
                    (``(C) includes a prioritization of such needs 
                based on threat, vulnerability, and consequence 
                assessment factors applicable to the State;
                    (``(D) describes how the State intends--
                            (``(i) to address such needs at the city, 
                        county, regional, tribal, State, and interstate 
                        level, including a precise description of any 
                        regional structure the State has established 
                        for the purpose of organizing homeland security 
                        preparedness activities funded by covered 
                        grants;
                            (``(ii) to use all Federal, State, and 
                        local resources available for the purpose of 
                        addressing such needs; and
                            (``(iii) to give particular emphasis to 
                        regional planning and cooperation, including 
                        the activities of multijurisdictional planning 
                        agencies governed by local officials, both 
                        within its jurisdictional borders and with 
                        neighboring States;
                    (``(E) is developed in consultation with and 
                subject to appropriate comment by local governments 
                within the State; and
                    (``(F) with respect to the emergency preparedness 
                of first responders, addresses the unique aspects of 
                terrorism as part of a comprehensive State emergency 
                management plan.
            (``(2) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
    (``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    (``(e) Application for Grant.--
            (``(1) In general.--Except as otherwise provided in this 
        subsection, any State, region, or directly eligible tribe may 
        apply for a covered grant by submitting to the Secretary an 
        application at such time, in such manner, and containing such 
        information as is required under this subsection, or as the 
        Secretary may reasonably require.
            (``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.
            (``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            (``(4) Minimum contents of application.--The Secretary 
        shall require that each applicant include in its application, 
        at a minimum--
                    (``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe to which the 
                application pertains;
                    (``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1806(g)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;
                    (``(C) a statement of whether a mutual aid 
                agreement applies to the use of all or any portion of 
                the covered grant funds;
                    (``(D) if the applicant is a State, a description 
                of how the State plans to allocate the covered grant 
                funds to regions, local governments, and Indian tribes;
                    (``(E) if the applicant is a region--
                            (``(i) a precise geographical description 
                        of the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            (``(ii) a specification of what 
                        governmental entity within the region will 
                        administer the expenditure of funds under the 
                        covered grant; and
                            (``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    (``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds;
                    (``(G) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as the tribal liaison; and
                    (``(H) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1806(g)(2).
            (``(5) Regional applications.--
                    (``(A) Relationship to state applications.--A 
                regional application--
                            (``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;
                            (``(ii) shall supplement and avoid 
                        duplication with such State application; and
                            (``(iii) shall address the unique regional 
                        aspects of such region's terrorism preparedness 
                        needs beyond those provided for in the 
                        application of such State or States.
                    (``(B) State review and submission.--To ensure the 
                consistency required under subsection (d) and the 
                coordination required under subparagraph (A) of this 
                paragraph, an applicant that is a region must submit 
                its application to each State of which any part is 
                included in the region for review and concurrence prior 
                to the submission of such application to the Secretary. 
                The regional application shall be transmitted to the 
                Secretary through each such State within 30 days of its 
                receipt, unless the Governor of such a State notifies 
                the Secretary, in writing, that such regional 
                application is inconsistent with the State's homeland 
                security plan and provides an explanation of the 
                reasons therefor.
                    (``(C) Distribution of regional awards.--If the 
                Secretary approves a regional application, then the 
                Secretary shall distribute a regional award to the 
                State or States submitting the applicable regional 
                application under subparagraph (B), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through to the region all covered grant funds or 
                resources purchased with such funds, except those funds 
                necessary for the State to carry out its 
                responsibilities with respect to such regional 
                application: Provided, That in no such case shall the 
                State or States pass through to the region less than 80 
                percent of the regional award.
                    (``(D) Certifications regarding distribution of 
                grant funds to regions.--Any State that receives a 
                regional award under subparagraph (C) shall certify to 
                the Secretary, by not later than 30 days after the 
                expiration of the period described in subparagraph (C) 
                with respect to the grant, that the State has made 
                available to the region the required funds and 
                resources in accordance with subparagraph (C).
                    (``(E) Direct payments to regions.--If any State 
                fails to pass through a regional award to a region as 
                required by subparagraph (C) within 45 days after 
                receiving such award and does not request or receive an 
                extension of such period under section 1806(h)(2), the 
                region may petition the Secretary to receive directly 
                the portion of the regional award that is required to 
                be passed through to such region under subparagraph 
                (C).
                    (``(F) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(E)(iii) shall--
                            (``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            (``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            (``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            (``(6) Tribal applications.--
                    (``(A) Submission to the state or states.--To 
                ensure the consistency required under subsection (d), 
                an applicant that is a directly eligible tribe must 
                submit its application to each State within the 
                boundaries of which any part of such tribe is located 
                for direct submission to the Department along with the 
                application of such State or States.
                    (``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                such tribe is located to comment to the Secretary on 
                the consistency of the tribe's application with the 
                State's homeland security plan. Any such comments shall 
                be submitted to the Secretary concurrently with the 
                submission of the State and tribal applications.
                    (``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State homeland security plan or plans, and 
                to approve any application of such tribe. The Secretary 
                shall notify each State within the boundaries of which 
                any part of such tribe is located of the approval of an 
                application by such tribe.
                    (``(D) Tribal liaison.--A tribal liaison designated 
                under paragraph (4)(G) shall--
                            (``(i) coordinate with Federal, State, 
                        local, regional, and private officials 
                        concerning terrorism preparedness;
                            (``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials to assist in the 
                        development of the application of such tribe 
                        and to improve the tribe's access to covered 
                        grants; and
                            (``(iii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to such tribe.
                    (``(E) Limitation on the number of direct grants.--
                The Secretary may make covered grants directly to not 
                more than 20 directly eligible tribes per fiscal year.
                    (``(F) Tribes not receiving direct grants.--An 
                Indian tribe that does not receive a grant directly 
                under this section is eligible to receive funds under a 
                covered grant from the State or States within the 
                boundaries of which any part of such tribe is located, 
                consistent with the homeland security plan of the State 
                as described in subsection (c). If a State fails to 
                comply with section 1806(g)(1), the tribe may request 
                payment under section 1806(h)(3) in the same manner as 
                a local government.
            (``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary under section 1807(a), the 
        applicant shall include in the application an explanation of 
        why such equipment or systems will serve the needs of the 
        applicant better than equipment or systems that meet or exceed 
        such standards.
    (``(f) First Responder Grants Board.--
            (``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    (``(A) the Secretary;
                    (``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    (``(C) the Under Secretary for Border and 
                Transportation Security;
                    (``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    (``(E) the Under Secretary for Science and 
                Technology; and
                    (``(F) the Director of the Office for Domestic 
                Preparedness.
            (``(2) Chairman.--
                    (``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    (``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
            (``(3) Ranking of grant applications.--
                    (``(A) Prioritization of grants.--The Board--
                            (``(i) shall evaluate and annually 
                        prioritize all pending applications for covered 
                        grants based upon the degree to which they 
                        would, by achieving, maintaining, or enhancing 
                        the essential capabilities of the applicants on 
                        a nationwide basis, lessen the threat to, 
                        vulnerability of, and consequences for persons 
                        and critical infrastructure; and
                            (``(ii) in evaluating the threat to persons 
                        and critical infrastructure for purposes of 
                        prioritizing covered grants, shall give greater 
                        weight to threats of terrorism based on their 
                        specificity and credibility, including any 
                        pattern of repetition.
                    (``(B) Minimum amounts.--After evaluating and 
                prioritizing grant applications under subparagraph (A), 
                the Board shall ensure that, for each fiscal year--
                            (``(i) each of the States, other than the 
                        Virgin Islands, American Samoa, Guam, and the 
                        Northern Mariana Islands, that has an approved 
                        State homeland security plan receives no less 
                        than 0.25 percent of the funds available for 
                        covered grants for that fiscal year for 
                        purposes of implementing its homeland security 
                        plan in accordance with the prioritization of 
                        needs under subsection (c)(1)(C);
                            (``(ii) each of the States, other than the 
                        Virgin Islands, American Samoa, Guam, and the 
                        Northern Mariana Islands, that has an approved 
                        State homeland security plan and that meets one 
                        or both of the additional high-risk qualifying 
                        criteria under subparagraph (C) receives no 
                        less than 0.45 percent of the funds available 
                        for covered grants for that fiscal year for 
                        purposes of implementing its homeland security 
                        plan in accordance with the prioritization of 
                        needs under subsection (c)(1)(C);
                            (``(iii) the Virgin Islands, American 
                        Samoa, Guam, and the Northern Mariana Islands 
                        each receives no less than 0.08 percent of the 
                        funds available for covered grants for that 
                        fiscal year for purposes of implementing its 
                        approved State homeland security plan in 
                        accordance with the prioritization of needs 
                        under subsection (c)(1)(C); and
                            (``(iv) directly eligible tribes 
                        collectively receive no less than 0.08 percent 
                        of the funds available for covered grants for 
                        such fiscal year for purposes of addressing the 
                        needs identified in the applications of such 
                        tribes, consistent with the homeland security 
                        plan of each State within the boundaries of 
                        which any part of any such tribe is located, 
                        except that this clause shall not apply with 
                        respect to funds available for a fiscal year if 
                        the Secretary receives less than 5 applications 
                        for such fiscal year from such tribes under 
                        subsection (e)(6)(A) or does not approve at 
                        least one such application.
                    (``(C) Additional high-risk qualifying criteria.--
                For purposes of subparagraph (B)(ii), additional high-
                risk qualifying criteria consist of--
                            (``(i) having a significant international 
                        land border; or
                            (``(ii) adjoining a body of water within 
                        North America through which an international 
                        boundary line extends.
            (``(4) Effect of regional awards on state minimum.--Any 
        regional award, or portion thereof, provided to a State under 
        subsection (e)(5)(C) shall not be considered in calculating the 
        minimum State award under paragraph (3)(B) of this subsection.
            (``(5) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the Board.

(``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    (``(a) In General.--A covered grant may be used for--
            (``(1) purchasing or upgrading equipment, including 
        computer software, to enhance terrorism preparedness and 
        response;
            (``(2) exercises to strengthen terrorism preparedness and 
        response;
            (``(3) training for prevention (including detection) of, 
        preparedness for, or response to attacks involving weapons of 
        mass destruction, including training in the use of equipment 
        and computer software;
            (``(4) developing or updating response plans;
            (``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            (``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness and response purposes;
            (``(7) additional personnel costs resulting from--
                    (``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System by the Secretary, or 
                a similar elevation in threat alert level issued by a 
                State, region, or local government with the approval of 
                the Secretary;
                    (``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    (``(C) the temporary replacement of personnel 
                during any period of travel to and participation in 
                exercises and training in the use of equipment and on 
                prevention activities;
            (``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            (``(9) protecting critical infrastructure against potential 
        attack by the addition of barriers, fences, gates, and other 
        such devices, except that the cost of such measures may not 
        exceed the greater of--
                    (``(A) $1,000,000 per project; or
                    (``(B) such greater amount as may be approved by 
                the Secretary, which may not exceed 10 percent of the 
                total amount of the covered grant;
            (``(10) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            (``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            (``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prepare for and respond to an act of terrorism;
            (``(13) paying of administrative expenses directly related 
        to administration of the grant, except that such expenses may 
        not exceed 3 percent of the amount of the grant; and
            (``(14) other appropriate activities as determined by the 
        Secretary.
    (``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            (``(1) to supplant State or local funds;
            (``(2) to construct buildings or other physical facilities;
            (``(3) to acquire land; or
            (``(4) for any State or local government cost sharing 
        contribution.
    (``(c) Multiple-Purpose Funds.--Nothing in this section shall be 
construed to preclude State and local governments from using covered 
grant funds in a manner that also enhances first responder preparedness 
for emergencies and disasters unrelated to acts of terrorism, if such 
use assists such governments in achieving essential capabilities for 
terrorism preparedness established by the Secretary under section 1803.
    (``(d) Reimbursement of Costs.--In addition to the activities 
described in subsection (a), a covered grant may be used to provide a 
reasonable stipend to paid-on-call or volunteer first responders who 
are not otherwise compensated for travel to or participation in 
training covered by this section. Any such reimbursement shall not be 
considered compensation for purposes of rendering such a first 
responder an employee under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.).
    (``(e) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    (``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    (``(g) State, Regional, and Tribal Responsibilities.--
            (``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            (``(2) Cost sharing.--
                    (``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State, region, or directly eligible tribe awarded after 
                the 2-year period beginning on the date of the 
                enactment of this section shall not exceed 75 percent.
                    (``(B) Interim rule.--The Federal share of the 
                costs of an activity carried out with a covered grant 
                awarded before the end of the 2-year period beginning 
                on the date of the enactment of this section shall be 
                100 percent.
                    (``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            (``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            (``(4) Quarterly report on homeland security spending.--The 
        Federal share described in paragraph (2)(A) may be increased by 
        up to 2 percent for any State, region, or directly eligible 
        tribe that, not later than 30 days after the end of each fiscal 
        quarter, submits to the Secretary a report on that fiscal 
        quarter. Each such report must include, for each recipient of a 
        covered grant or a pass-through under paragraph (1)--
                    (``(A) the amount obligated to that recipient in 
                that quarter;
                    (``(B) the amount expended by that recipient in 
                that quarter; and
                    (``(C) a summary description of the items purchased 
                by such recipient with such amount.
            (``(5) Annual report on homeland security spending.--Each 
        recipient of a covered grant shall submit an annual report to 
        the Secretary not later than 60 days after the end of each 
        fiscal year. Each recipient of a covered grant that is a region 
        must simultaneously submit its report to each State of which 
        any part is included in the region. Each recipient of a covered 
        grant that is a directly eligible tribe must simultaneously 
        submit its report to each State within the boundaries of which 
        any part of such tribe is located. Each report must include the 
        following:
                    (``(A) The amount, ultimate recipients, and dates 
                of receipt of all funds received under the grant during 
                the previous fiscal year.
                    (``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State, 
                region, or directly eligible tribe, as applicable, 
                during the previous fiscal year.
                    (``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    (``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved, maintained, or enhanced as 
                the result of the expenditure of grant funds during the 
                preceding fiscal year.
                    (``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            (``(6) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        annual report under paragraph (5) that is subject to 
        appropriate handling restrictions, if the recipient believes 
        that discussion in the report of unmet needs would reveal 
        sensitive but unclassified information.
            (``(7) Provision of reports.--The Secretary shall ensure 
        that each annual report under paragraph (5) is provided to the 
        Under Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    (``(h) Incentives to Efficient Administration of Homeland Security 
Grants.--
            (``(1) Penalties for delay in passing through local 
        share.--If a recipient of a covered grant that is a State fails 
        to pass through to local governments, first responders, and 
        other local groups funds or resources required by subsection 
        (g)(1) within 45 days after receiving funds under the grant, 
        the Secretary may--
                    (``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (g)(1);
                    (``(B) terminate payment of funds under the grant 
                to the recipient, and transfer the appropriate portion 
                of those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    (``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            (``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            (``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (g)(1); or
                            (``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (g)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (g)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            (``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under section 1805(e)(5)(E) or paragraph (1) for an additional 
        15-day period. The Secretary may approve such a request, and 
        may extend such period for additional 15-day periods, if the 
        Secretary determines that the resulting delay in providing 
        grant funding to the local government entities that will 
        receive funding under the grant will not have a significant 
        detrimental impact on such entities' terrorism preparedness 
        efforts.
            (``(3) Provision of non-local share to local government.--
                    (``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            (``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            (``(ii) the State has failed to pass 
                        through funds or resources in accordance with 
                        subsection (g)(1); and
                            (``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    (``(B) Showing required.--To receive a payment 
                under this paragraph, a local government must 
                demonstrate that--
                            (``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            (``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            (``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (g)(1); and
                            (``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    (``(C) Effect of payment.--Payment of grant funds 
                to a local government under this paragraph--
                            (``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            (``(ii) shall not prejudice consideration 
                        of a request for payment under this paragraph 
                        that is submitted by another local government.
                    (``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    (``(i) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by December 31 of each year--
            (``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State, 
        region, and directly eligible tribe in the preceding fiscal 
        year;
            (``(2) containing information on the use of such grant 
        funds by grantees; and
            (``(3) describing--
                    (``(A) the Nation's progress in achieving, 
                maintaining, and enhancing the essential capabilities 
                established under section 1803(a) as a result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and
                    (``(B) an estimate of the amount of expenditures 
                required to attain across the United States the 
                essential capabilities established under section 
                1803(a).

(``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    (``(a) Equipment Standards.--
            (``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall, not later than 6 months after the 
        date of enactment of this section, support the development of, 
        promulgate, and update as necessary national voluntary 
        consensus standards for the performance, use, and validation of 
        first responder equipment for purposes of section 1805(e)(7). 
        Such standards--
                    (``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    (``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    (``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                    (``(D) shall cover all appropriate uses of the 
                equipment.
            (``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    (``(A) Thermal imaging equipment.
                    (``(B) Radiation detection and analysis equipment.
                    (``(C) Biological detection and analysis equipment.
                    (``(D) Chemical detection and analysis equipment.
                    (``(E) Decontamination and sterilization equipment.
                    (``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    (``(G) Respiratory protection equipment.
                    (``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    (``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    (``(J) Containment vessels.
                    (``(K) Contaminant-resistant vehicles.
                    (``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    (``(b) Training Standards.--
            (``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    (``(A) enable first responders to prevent, prepare 
                for, respond to, and mitigate terrorist threats, 
                including threats from chemical, biological, nuclear, 
                and radiological weapons and explosive devices capable 
                of inflicting significant human casualties; and
                    (``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            (``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    (``(A) Regional planning.
                    (``(B) Joint exercises.
                    (``(C) Intelligence collection, analysis, and 
                sharing.
                    (``(D) Emergency notification of affected 
                populations.
                    (``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    (``(F) Such other activities for which the 
                Secretary determines that national voluntary consensus 
                training standards would be appropriate.
            (``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that such training standards are 
        consistent with the principles of emergency preparedness for 
        all hazards.
    (``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            (``(1) the National Institute of Standards and Technology;
            (``(2) the National Fire Protection Association;
            (``(3) the National Association of County and City Health 
        Officials;
            (``(4) the Association of State and Territorial Health 
        Officials;
            (``(5) the American National Standards Institute;
            (``(6) the National Institute of Justice;
            (``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            (``(8) the National Public Health Performance Standards 
        Program;
            (``(9) the National Institute for Occupational Safety and 
        Health;
            (``(10) ASTM International;
            (``(11) the International Safety Equipment Association;
            (``(12) the Emergency Management Accreditation Program; and
            (``(13) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    (``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.''.
    ((b) Definition of Emergency Response Providers.--Paragraph (6) of 
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.
    ((c) Temporary Limitations on Application.--
            ((1) 1-year delay in application.--The following provisions 
        of title XVIII of the Homeland Security Act of 2002, as amended 
        by subsection (a), shall not apply during the 1-year period 
        beginning on the date of the enactment of this Act:
                    ((A) Subsections (b), (c), and (e)(4)(A) and (B) of 
                section 1805.
                    ((B) In section 1805(f)(3)(A), the phrase ``, by 
                enhancing the essential capabilities of the 
                applicants,''.
            ((2) 2-year delay in application.--The following provisions 
        of title XVIII of the Homeland Security Act of 2002, as amended 
        by subsection (a), shall not apply during the 2-year period 
        beginning on the date of the enactment of this Act:
                    ((A) Subparagraphs (D) and (E) of section 
                1806(g)(5).
                    ((B) Section 1806(i)(3).

(SEC. 5004. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    ((a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following:

(``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    (``(a) In General.--The Secretary shall revise the Homeland 
Security Advisory System referred to in section 201(d)(7) to require 
that any designation of a threat level or other warning shall be 
accompanied by a designation of the geographic regions or economic 
sectors to which the designation applies.
    (``(b) Reports.--The Secretary shall report to the Congress 
annually by not later than December 31 each year regarding the 
geographic region-specific warnings and economic sector-specific 
warnings issued during the preceding fiscal year under the Homeland 
Security Advisory System referred to in section 201(d)(7), and the 
bases for such warnings. The report shall be submitted in unclassified 
form and may, as necessary, include a classified annex.''.
    ((b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 202 the following:

<star>``203. Homeland Security Advisory System.''.

(SEC. 5005. 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 by striking ``and'' after the 
semicolon at the end of paragraph (6), by striking the period at the 
end of paragraph (7) and inserting ``; and'', and 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.''.

(SEC. 5006. SUPERSEDED PROVISION.

    (This subtitle supersedes section 1014 of Public Law 107-56.

(SEC. 5007. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.

    ((a) Finding.--The Congress finds that--
            ((1) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another; and
            ((2) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
    ((b) Sense of Congress.--It is the sense of the 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. 5008. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.

    ((a) Finding.--The Congress finds that Citizen Corps councils help 
to enhance local citizen participation in terrorism preparedness by 
coordinating multiple Citizen Corps programs, developing community 
action plans, assessing possible threats, and identifying local 
resources.
    ((b) Sense of Congress.--It is the sense of the Congress that 
individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.

(SEC. 5009. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    ((a) Study.--The Secretary of Homeland Security, 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 the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.

(SEC. 5010. 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.

            (Subtitle B--Government Reorganization Authority

(SEC. 5021. AUTHORIZATION OF INTELLIGENCE COMMUNITY REORGANIZATION 
              PLANS.

    ((a) Reorganization Plans.--Section 903(a)(2) of title 5, United 
States Code, is amended to read as follows:
            (``(2) the abolition of all or a part of the functions of 
        an agency;''.
    ((b) Repeal of Limitations.--Section 905 of title 5, United States 
Code, is amended to read as follows:
(``Sec. 905. Limitation on authority.
    (``The authority to submit reorganization plans under this chapter 
is limited to the following organizational units:
            (``(1) The Office of the National Intelligence Director.
            (``(2) The Central Intelligence Agency.
            (``(3) The National Security Agency.
            (``(4) The Defense Intelligence Agency.
            (``(5) The National Geospatial-Intelligence Agency.
            (``(6) The National Reconnaissance Office.
            (``(7) Other offices within the Department of Defense for 
        the collection of specialized national intelligence through 
        reconnaissance programs.
            (``(8) The intelligence elements of the Army, the Navy, the 
        Air Force, the Marine Corps, the Federal Bureau of 
        Investigation, and the Department of Energy.
            (``(9) The Bureau of Intelligence and Research of the 
        Department of State.
            (``(10) The Office of Intelligence Analysis of the 
        Department of Treasury.
            (``(11) The elements of the Department of Homeland Security 
        concerned with the analysis of intelligence information, 
        including the Office of Intelligence of the Coast Guard.
            (``(12) Such other elements of any other department or 
        agency as may be designated by the President, or designated 
        jointly by the National Intelligence Director and the head of 
        the department or agency concerned, as an element of the 
        intelligence community.''.
    ((c) Reorganization Plans.--Section 903(a) of title 5, United 
States Code, is amended--
            ((1) in paragraph (5), by striking ``or'' after the 
        semicolon;
            ((2) in paragraph (6), by striking the period and inserting 
        ``; or''; and
            ((3) by inserting after paragraph (6) the following:
            (``(7) the creation of an agency.''.
    ((d) Application of Chapter.--Chapter 9 of title 5, United States 
Code, is amended by adding at the end the following:
(``Sec. 913. Application of chapter
    (``This chapter shall apply to any reorganization plan transmitted 
to Congress in accordance with section 903(b) on or after the date of 
enactment of this section.''.
    ((e) Technical and Conforming Amendments.--
            ((1) Table of sections.--The table of sections for chapter 
        9 of title 5, United States Code, is amended by adding after 
        the item relating to section 912 the following:

<star>``913. Application of chapter.''.
            ((2) References.--Chapter 9 of title 5, United States Code, 
        is amended--
                    ((A) in section 908(1), by striking ``on or before 
                December 31, 1984''; and
                    ((B) in section 910, by striking ``Government 
                Operations'' each place it appears and inserting 
                ``Government Reform''.
            ((3) Date modification.--Section 909 of title 5, United 
        States Code, is amended in the first sentence by striking 
        ``19'' and inserting ``20''.

   (Subtitle C--Restructuring Relating to the Department of Homeland 
                  Security and Congressional Oversight

(SEC. 5025. 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 shall be 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) The Secretary shall assign to 
the Office permanent staff and other appropriate personnel detailed 
from other subdivisions of the Department to carry out responsibilities 
under this section.
    (``(2) 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) 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) 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 Amendment.--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 new 
        paragraph (8):
            (``(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 (as amended by this section).

(SEC. 5026. 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 and following) 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:

<star>``Sec. 843. Use of counternarcotics enforcement activities in 
                            certain employee performance appraisals.''.

(SEC. 5027. SENSE OF THE HOUSE OF REPRESENTATIVES ON ADDRESSING 
              HOMELAND SECURITY FOR THE AMERICAN PEOPLE.

    ((a) Findings.--The House of Representatives finds that--
            ((1) the House of Representatives created a Select 
        Committee on Homeland Security at the start of the 108th 
        Congress to provide for vigorous congressional oversight for 
        the implementation and operation of the Department of Homeland 
        Security;
            ((2) the House of Representatives also charged the Select 
        Committee on Homeland Security, including its Subcommittee on 
        Rules, with undertaking a thorough and complete study of the 
        operation and implementation of the rules of the House, 
        including the rule governing committee jurisdiction, with 
        respect to the issue of homeland security and to make their 
        recommendations to the Committee on Rules;
            ((3) on February 11, 2003, the Committee on Appropriations 
        of the House of Representatives created a new Subcommittee on 
        Homeland Security with jurisdiction over the Transportation 
        Security Administration, the Coast Guard, and other entities 
        within the Department of Homeland Security to help address the 
        integration of the Department of Homeland Security's 22 legacy 
        agencies; and
            ((4) during the 108th Congress, the House of 
        Representatives has taken several steps to help ensure its 
        continuity in the event of a terrorist attack, including--
                    ((A) adopting H.R. 2844, the Continuity of 
                Representation Act, a bill to require States to hold 
                expedited special elections to fill vacancies in the 
                House of Representatives not later than 45 days after 
                the vacancy is announced by the Speaker in 
                extraordinary circumstances;
                    ((B) granting authority for joint-leadership 
                recalls from a period of adjournment to an alternate 
                place;
                    ((C) allowing for anticipatory consent with the 
                Senate to assemble in an alternate place;
                    ((D) establishing the requirement that the Speaker 
                submit to the Clerk a list of Members in the order in 
                which each shall act as Speaker pro tempore in the case 
                of a vacancy in the Office of Speaker (including 
                physical inability of the Speaker to discharge his 
                duties) until the election of a Speaker or a Speaker 
                pro tempore, exercising such authorities of the Speaker 
                as may be necessary and appropriate to that end;
                    ((E) granting authority for the Speaker to declare 
                an emergency recess of the House subject to the call of 
                the Chair when notified of an imminent threat to the 
                safety of the House;
                    ((F) granting authority for the Speaker, during any 
                recess or adjournment of not more than three days, in 
                consultation with the Minority Leader, to postpone the 
                time for reconvening or to reconvene before the time 
                previously appointed solely to declare the House in 
                recess, in each case within the constitutional three-
                day limit;
                    ((G) establishing the authority for the Speaker to 
                convene the House in an alternate place within the seat 
                of Government; and
                    ((H) codifying the long-standing practice that the 
                death, resignation, expulsion, disqualification, or 
                removal of a Member results in an adjustment of the 
                quorum of the House, which the Speaker shall announce 
                to the House and which shall not be subject to appeal.
    ((b) Sense of the House.--It is the sense of the House of 
Representatives that the Committee on Rules should act upon the 
recommendations provided by the Select Committee on Homeland Security, 
and other committees of existing jurisdiction, regarding the 
jurisdiction over proposed legislation, messages, petitions, memorials 
and other matters relating to homeland security prior to or at the 
start of the 109th Congress.

           (Subtitle D--Improvements to Information Security

(SEC. 5031. AMENDMENTS TO CLINGER-COHEN 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''.

             (Subtitle E--Personnel Management Improvements

                (CHAPTER 1--APPOINTMENTS PROCESS REFORM

(SEC. 5041. APPOINTMENTS TO NATIONAL SECURITY POSITIONS.

    ((a) Definition of National Security Position.--For purposes of 
this section, the term ``national security position'' shall include--
            ((1) those positions that involve activities of the United 
        States Government that are concerned with the protection of the 
        Nation from foreign aggression, terrorism, or espionage, 
        including development of defense plans or policies, 
        intelligence or counterintelligence activities, and related 
        activities concerned with the preservation of military strength 
        of the United States and protection of the homeland; and
            ((2) positions that require regular use of, or access to, 
        classified information.
    ((b) Publication in the Federal Register.--Not later than 60 days 
after the effective date of this section, the Director of the Office of 
Personnel Management shall publish in the Federal Register a list of 
offices that constitute national security positions under section (a) 
for which Senate confirmation is required by law, and the Director 
shall revise such list from time to time as appropriate.
    ((c) Presidential Appointments.--(1) With respect to appointment of 
individuals to offices identified under section (b) and listed in 
sections 5315 or 5316 of title 5, United States Code, which shall arise 
after the publication of the list required by section (b), and 
notwithstanding any other provision of law, the advice and consent of 
the Senate shall not be required, but rather such appointment shall be 
made by the President alone.
    ((2) With respect to appointment of individuals to offices 
identified under section (b) and listed in sections 5313 or 5314 of 
title 5, United States Code, which shall arise after the publication of 
the list required by section (b), and notwithstanding any other 
provision of law, the advice and consent of the Senate shall be 
required, except that if 30 legislative days shall have expired from 
the date on which a nomination is submitted to the Senate without a 
confirmation vote occurring in the Senate, such appointment shall be 
made by the President alone.
    ((3) For the purposes of this subsection, the term ``legislative 
day'' means a day on which the Senate is in session.

(SEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS.

    (Subsections (a) and (b) of section 3349a of title 5, United States 
Code, are amended to read as follows:
    (``(a) As used in this section--
            (``(1) the term `inauguration day' means the date on which 
        any person swears or affirms the oath of office as President; 
        and
            (``(2) the term `specified national security position' 
        shall mean not more than 20 positions requiring Senate 
        confirmation, not to include more than 3 heads of Executive 
        Departments, which are designated by the President on or after 
        an inauguration day as positions for which the duties involve 
        substantial responsibility for national security.
    (``(b) With respect to any vacancy that exists during the 60-day 
period beginning on an inauguration day, except where the person 
swearing or affirming the oath of office was the President on the date 
preceding the date of swearing or affirming such oath of office, the 
210-day period under section 3346 or 3348 shall be deemed to begin on 
the later of the date occurring--
            (``(1) 90 days after such transitional inauguration day; or
            (``(2) 90 days after the date on which the vacancy occurs.
    (``(c) With respect to any vacancy in any specified national 
security position that exists during the 60-day period beginning on an 
inauguration day, the requirements of subparagraphs (A) and (B) of 
section 3345(a)(3) shall not apply.''.

(SEC. 5043. PUBLIC FINANCIAL DISCLOSURE FOR THE INTELLIGENCE COMMUNITY.

    ((a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by inserting before title IV the following:

 (``TITLE III--INTELLIGENCE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS

(``SEC. 301. PERSONS REQUIRED TO FILE.

    (``(a) Within 30 days of assuming the position of an officer or 
employee described in subsection (e), an individual shall file a report 
containing the information described in section 302(b) unless the 
individual has left another position described in subsection (e) within 
30 days prior to assuming such new position or has already filed a 
report under this title with respect to nomination for the new position 
or as a candidate for the position.
    (``(b)(1) Within 5 days of the transmittal by the President to the 
Senate of the nomination of an individual to a position in the 
executive branch, appointment to which requires the advice and consent 
of the Senate, such individual shall file a report containing the 
information described in section 302(b). Such individual shall, not 
later than the date of the first hearing to consider the nomination of 
such individual, make current the report filed pursuant to this 
paragraph by filing the information required by section 302(a)(1)(A) 
with respect to income and honoraria received as of the date which 
occurs 5 days before the date of such hearing. Nothing in this Act 
shall prevent any congressional committee from requesting, as a 
condition of confirmation, any additional financial information from 
any Presidential nominee whose nomination has been referred to that 
committee.
    (``(2) An individual whom the President or the President-elect has 
publicly announced he intends to nominate to a position may file the 
report required by paragraph (1) at any time after that public 
announcement, but not later than is required under the first sentence 
of such paragraph.
    (``(c) Any individual who is an officer or employee described in 
subsection (e) during any calendar year and performs the duties of his 
position or office for a period in excess of 60 days in that calendar 
year shall file on or before May 15 of the succeeding year a report 
containing the information described in section 302(a).
    (``(d) Any individual who occupies a position described in 
subsection (e) shall, on or before the 30th day after termination of 
employment in such position, file a report containing the information 
described in section 302(a) covering the preceding calendar year if the 
report required by subsection (c) has not been filed and covering the 
portion of the calendar year in which such termination occurs up to the 
date the individual left such office or position, unless such 
individual has accepted employment in or takes the oath of office for 
another position described in subsection (e) or section 101(f).
    (``(e) The officers and employees referred to in subsections (a), 
(c), and (d) are those officers and employees who--
            (``(1) are employed in or under--
                    (``(A) the Office of the National Intelligence 
                Director; or
                    (``(B) an element of the intelligence community, as 
                defined in section 3(4) of the National Security Act of 
                1947 (50 U.S.C. 401a(4)); and
            (``(2) would (but for this subsection) otherwise be subject 
        to title I by virtue of paragraph (3) of section 101(f), 
        including--
                    (``(A) any special Government employee and any 
                member of a uniformed service who is described in such 
                paragraph; and
                    (``(B) any officer or employee in any position with 
                respect to which the Director of the Office of 
                Government Ethics makes a determination described in 
                such paragraph.
    (``(f)(1) Reasonable extensions of time for filing any report may 
be granted under procedures prescribed by the Office of Government 
Ethics, but the total of such extensions shall not exceed 90 days.
    (``(2)(A) In the case of an individual who is serving in the Armed 
Forces, or serving in support of the Armed Forces, in an area while 
that area is designated by the President by Executive order as a combat 
zone for purposes of section 112 of the Internal Revenue Code of 1986, 
the date for the filing of any report shall be extended so that the 
date is 180 days after the later of--
            (``(i) the last day of the individual's service in such 
        area during such designated period; or
            (``(ii) the last day of the individual's hospitalization as 
        a result of injury received or disease contracted while serving 
        in such area.
    (``(B) The Office of Government Ethics, in consultation with the 
Secretary of Defense, may prescribe procedures under this paragraph.
    (``(g) The Director of the Office of Government Ethics may grant a 
publicly available request for a waiver of any reporting requirement 
under this title with respect to an individual if the Director 
determines that--
            (``(1) such individual is not a full-time employee of the 
        Government;
            (``(2) such individual is able to provide special services 
        needed by the Government;
            (``(3) it is unlikely that such individual's outside 
        employment or financial interests will create a conflict of 
        interest;
            (``(4) such individual is not reasonably expected to 
        perform the duties of his office or position for more than 60 
        days in a calendar year; and
            (``(5) public financial disclosure by such individual is 
        not necessary in the circumstances.

(``SEC. 302. CONTENTS OF REPORTS.

    (``(a) Each report filed pursuant to section 301 (c) and (d) shall 
include a full and complete statement with respect to the following:
            (``(1)(A) The source, description, and category of amount 
        or value of income (other than income referred to in 
        subparagraph (B)) from any source (other than from current 
        employment by the United States Government), received during 
        the preceding calendar year, aggregating more than $500 in 
        amount or value, except that honoraria received during 
        Government service by an officer or employee shall include, in 
        addition to the source, the exact amount and the date it was 
        received.
            (``(B) The source, description, and category of amount or 
        value of investment income which may include but is not limited 
        to dividends, rents, interest, and capital gains, received 
        during the preceding calendar year which exceeds $500 in amount 
        or value.
            (``(C) The categories for reporting the amount or value of 
        income covered in subparagraphs (A) and (B) are--
                    (``(i) greater than $500 but not more than $20,000;
                    (``(ii) greater than $20,000 but not more than 
                $100,000;
                    (``(iii) greater than $100,000 but not more than 
                $1,000,000;
                    (``(iv) greater than $1,000,000 but not more than 
                $2,500,000; and
                    (``(v) greater than $2,500,000.
            (``(2)(A) The identity of the source, a brief description, 
        and the value of all gifts aggregating more than the minimal 
        value as established by section 7342(a)(5) of title 5, United 
        States Code, or $250, whichever is greater, received from any 
        source other than a relative of the reporting individual during 
        the preceding calendar year, except that any food, lodging, or 
        entertainment received as personal hospitality of an individual 
        need not be reported, and any gift with a fair market value of 
        $100 or less, as adjusted at the same time and by the same 
        percentage as the minimal value is adjusted, need not be 
        aggregated for purposes of this subparagraph.
            (``(B) The identity of the source and a brief description 
        (including dates of travel and nature of expenses provided) of 
        reimbursements received from any source aggregating more than 
        the minimal value as established by section 7342(a)(5) of title 
        5, United States Code, or $250, whichever is greater and 
        received during the preceding calendar year.
            (``(C) In an unusual case, a gift need not be aggregated 
        under subparagraph (A) if a publicly available request for a 
        waiver is granted.
            (``(3) The identity and category of value of any interest 
        in property held during the preceding calendar year in a trade 
        or business, or for investment or the production of income, 
        which has a fair market value which exceeds $5,000 as of the 
        close of the preceding calendar year, excluding any personal 
        liability owed to the reporting individual by a spouse, or by a 
        parent, brother, sister, or child of the reporting individual 
        or of the reporting individual's spouse, or any deposit 
        accounts aggregating $100,000 or less in a financial 
        institution, or any Federal Government securities aggregating 
        $100,000 or less.
            (``(4) The identity and category of value of the total 
        liabilities owed to any creditor other than a spouse, or a 
        parent, brother, sister, or child of the reporting individual 
        or of the reporting individual's spouse which exceed $20,000 at 
        any time during the preceding calendar year, excluding--
                    (``(A) any mortgage secured by real property which 
                is a personal residence of the reporting individual or 
                his spouse; and
                    (``(B) any loan secured by a personal motor 
                vehicle, household furniture, or appliances, which loan 
                does not exceed the purchase price of the item which 
                secures it.
            (With respect to revolving charge accounts, only those with 
        an outstanding liability which exceeds $20,000 as of the close 
        of the preceding calendar year need be reported under this 
        paragraph.
            (``(5) Except as provided in this paragraph, a brief 
        description of any real property, other than property used 
        solely as a personal residence of the reporting individual or 
        his spouse, and stocks, bonds, commodities futures, and other 
        forms of securities, if--
                    (``(A) purchased, sold, or exchanged during the 
                preceding calendar year;
                    (``(B) the value of the transaction exceeded 
                $5,000; and
                    (``(C) the property or security is not already 
                required to be reported as a source of income pursuant 
                to paragraph (1)(B) or as an asset pursuant to 
                paragraph (3).
            (Reporting is not required under this paragraph of any 
        transaction solely by and between the reporting individual, his 
        spouse, or dependent children.
            (``(6)(A) The identity of all positions held on or before 
        the date of filing during the current calendar year (and, for 
        the first report filed by an individual, during the 1-year 
        period preceding such calendar year) as an officer, director, 
        trustee, partner, proprietor, representative, employee, or 
        consultant of any corporation, company, firm, partnership, or 
        other business enterprise, any nonprofit organization, any 
        labor organization, or any educational or other institution 
        other than the United States Government. This subparagraph 
        shall not require the reporting of positions held in any 
        religious, social, fraternal, or political entity and positions 
        solely of an honorary nature.
            (``(B) If any person, other than a person reported as a 
        source of income under paragraph (1)(A) or the United States 
        Government, paid a nonelected reporting individual compensation 
        in excess of $25,000 in the calendar year in which, or the 
        calendar year prior to the calendar year in which, the 
        individual files his first report under this title, the 
        individual shall include in the report--
                    (``(i) the identity of each source of such 
                compensation; and
                    (``(ii) a brief description of the nature of the 
                duties performed or services rendered by the reporting 
                individual for each such source.
            (``(C) Subparagraph (B) shall not require any individual to 
        include in such report any information--
                    (``(i) with respect to a person for whom services 
                were provided by any firm or association of which such 
                individual was a member, partner, or employee, unless 
                the individual was directly involved in the provision 
                of such services;
                    (``(ii) that is protected by a court order or is 
                under seal; or
                    (``(iii) that is considered confidential as a 
                result of--
                            (``(I) a privileged relationship 
                        established by a confidentiality agreement 
                        entered into at the time the person retained 
                        the services of the individual;
                            (``(II) a grand jury proceeding or a 
                        nonpublic investigation, if there are no public 
                        filings, statements, appearances, or reports 
                        that identify the person for whom such 
                        individual is providing services; or
                            (``(III) an applicable rule of professional 
                        conduct that prohibits disclosure of the 
                        information and that can be enforced by a 
                        professional licensing body.
            (``(7) A description of parties to and terms of any 
        agreement or arrangement with respect to (A) future employment; 
        (B) a leave of absence during the period of the reporting 
        individual's Government service; (C) continuation of payments 
        by a former employer other than the United States Government; 
        and (D) continuing participation in an employee welfare or 
        benefit plan maintained by a former employer. The description 
        of any formal agreement for future employment shall include the 
        date of that agreement.
            (``(8) The category of the total cash value of any interest 
        of the reporting individual in a qualified blind trust.
    (``(b)(1) Each report filed pursuant to subsections (a) and (b) of 
section 301 shall include a full and complete statement with respect to 
the information required by--
            (``(A) paragraphs (1) and (6) of subsection (a) for the 
        year of filing and the preceding calendar year,
            (``(B) paragraphs (3) and (4) of subsection (a) as of the 
        date specified in the report but which is less than 31 days 
        before the filing date, and
            (``(C) paragraph (7) of subsection (a) as of the filing 
        date but for periods described in such paragraph.
    (``(2)(A) In lieu of filling out 1 or more schedules of a financial 
disclosure form, an individual may supply the required information in 
an alternative format, pursuant to either rules adopted by the Office 
of Government Ethics or pursuant to a specific written determination by 
the Director of the Office of Government Ethics for a reporting 
individual.
    (``(B) In lieu of indicating the category of amount or value of any 
item contained in any report filed under this title, a reporting 
individual may indicate the exact dollar amount of such item.
    (``(c) In the case of any individual described in section 301(e), 
any reference to the preceding calendar year shall be considered also 
to include that part of the calendar year of filing up to the date of 
the termination of employment.
    (``(d)(1) The categories for reporting the amount or value of the 
items covered in subsection (a)(3) are--
            (``(A) greater than $5,000 but not more than $15,000;
            (``(B) greater than $15,000 but not more than $25,000;
            (``(C) greater than $25,000 but not more than $100,000;
            (``(D) greater than $100,000 but not more than $1,000,000;
            (``(E) greater than $1,000,000 but not more than 
        $2,500,000; and
            (``(F) greater than $2,500,000.
    (``(2) For the purposes of subsection (a)(3) if the current value 
of an interest in real property (or an interest in a real estate 
partnership) is not ascertainable without an appraisal, an individual 
may list (A) the date of purchase and the purchase price of the 
interest in the real property, or (B) the assessed value of the real 
property for tax purposes, adjusted to reflect the market value of the 
property used for the assessment if the assessed value is computed at 
less than 100 percent of such market value, but such individual shall 
include in his report a full and complete description of the method 
used to determine such assessed value, instead of specifying a category 
of value pursuant to paragraph (1). If the current value of any other 
item required to be reported under subsection (a)(3) is not 
ascertainable without an appraisal, such individual may list the book 
value of a corporation whose stock is not publicly traded, the net 
worth of a business partnership, the equity value of an individually 
owned business, or with respect to other holdings, any recognized 
indication of value, but such individual shall include in his report a 
full and complete description of the method used in determining such 
value. In lieu of any value referred to in the preceding sentence, an 
individual may list the assessed value of the item for tax purposes, 
adjusted to reflect the market value of the item used for the 
assessment if the assessed value is computed at less than 100 percent 
of such market value, but a full and complete description of the method 
used in determining such assessed value shall be included in the 
report.
    (``(3) The categories for reporting the amount or value of the 
items covered in paragraphs (4) and (8) of subsection (a) are--
            (``(A) greater than $20,000 but not more than $100,000;
            (``(B) greater than $100,000 but not more than $500,000;
            (``(C) greater than $500,000 but not more than $1,000,000; 
        and
            (``(D) greater than $1,000,000.
    (``(e)(1) Except as provided in subparagraph (F), each report 
required by section 301 shall also contain information listed in 
paragraphs (1) through (5) of subsection (a) respecting the spouse or 
dependent child of the reporting individual as follows:
            (``(A) The sources of earned income earned by a spouse, 
        including honoraria, which exceed $500, except that, with 
        respect to earned income, if the spouse is self-employed in 
        business or a profession, only the nature of such business or 
        profession need be reported.
            (``(B) All information required to be reported in 
        subsection (a)(1)(B) with respect to investment income derived 
        by a spouse or dependent child.
            (``(C) In the case of any gifts received by a spouse or 
        dependent child which are not received totally independent of 
        the relationship of the spouse or dependent child to the 
        reporting individual, the identity of the source and a brief 
        description of gifts of transportation, lodging, food, or 
        entertainment and a brief description and the value of other 
        gifts.
            (``(D) In the case of any reimbursements received by a 
        spouse or dependent child which are not received totally 
        independent of the relationship of the spouse or dependent 
        child to the reporting individual, the identity of the source 
        and a brief description of each such reimbursement.
            (``(E) In the case of items described in paragraphs (3) 
        through (5) of subsection (a), all information required to be 
        reported under these paragraphs other than items which the 
        reporting individual certifies (i) represent the spouse's or 
        dependent child's sole financial interest or responsibility and 
        which the reporting individual has no knowledge of, (ii) are 
        not in any way, past or present, derived from the income, 
        assets, or activities of the reporting individual, and (iii) 
        are ones from which he neither derives, nor expects to derive, 
        any financial or economic benefit.
            (``(F) Reports required by subsections (a), (b), and (c) of 
        section 301 shall, with respect to the spouse and dependent 
        child of the reporting individual, only contain information 
        listed in paragraphs (1), (3), and (4) of subsection (a).
    (``(2) No report shall be required with respect to a spouse living 
separate and apart from the reporting individual with the intention of 
terminating the marriage or providing for permanent separation, or with 
respect to any income or obligations of an individual arising from the 
dissolution of his marriage or the permanent separation from his 
spouse.
    (``(f)(1) Except as provided in paragraph (2), each reporting 
individual shall report the information required to be reported 
pursuant to subsections (a), (b), and (c) with respect to the holdings 
of and the income from a trust or other financial arrangement from 
which income is received by, or with respect to which a beneficial 
interest in principal or income is held by, such individual, his 
spouse, or any dependent child.
    (``(2) A reporting individual need not report the holdings of or 
the source of income from any of the holdings of--
            (``(A) any qualified blind trust (as defined in paragraph 
        (3));
            (``(B) a trust--
                    (``(i) which was not created directly by such 
                individual, his spouse, or any dependent child, and
                    (``(ii) the holdings or sources of income of which 
                such individual, his spouse, and any dependent child 
                have no knowledge; or
            (``(C) an entity described under the provisions of 
        paragraph (8), but such individual shall report the category of 
        the amount of income received by him, his spouse, or any 
        dependent child from the trust or other entity under subsection 
        (a)(1)(B).
    (``(3) For purposes of this subsection, the term `qualified blind 
trust' includes any trust in which a reporting individual, his spouse, 
or any minor or dependent child has a beneficial interest in the 
principal or income, and which meets the following requirements:
            (``(A)(i) The trustee of the trust and any other entity 
        designated in the trust instrument to perform fiduciary duties 
        is a financial institution, an attorney, a certified public 
        accountant, a broker, or an investment advisor who--
                    (``(I) is independent of and not affiliated with 
                any interested party so that the trustee or other 
                person cannot be controlled or influenced in the 
                administration of the trust by any interested party;
                    (``(II) is not and has not been an employee of or 
                affiliated with any interested party and is not a 
                partner of, or involved in any joint venture or other 
                investment with, any interested party; and
                    (``(III) is not a relative of any interested party.
            (``(ii) Any officer or employee of a trustee or other 
        entity who is involved in the management or control of the 
        trust--
                    (``(I) is independent of and not affiliated with 
                any interested party so that such officer or employee 
                cannot be controlled or influenced in the 
                administration of the trust by any interested party;
                    (``(II) is not a partner of, or involved in any 
                joint venture or other investment with, any interested 
                party; and
                    (``(III) is not a relative of any interested party.
            (``(B) Any asset transferred to the trust by an interested 
        party is free of any restriction with respect to its transfer 
        or sale unless such restriction is expressly approved by the 
        Office of Government Ethics.
            (``(C) The trust instrument which establishes the trust 
        provides that--
                    (``(i) except to the extent provided in 
                subparagraph (B), the trustee in the exercise of his 
                authority and discretion to manage and control the 
                assets of the trust shall not consult or notify any 
                interested party;
                    (``(ii) the trust shall not contain any asset the 
                holding of which by an interested party is prohibited 
                by any law or regulation;
                    (``(iii) the trustee shall promptly notify the 
                reporting individual and the Office of Government 
                Ethics when the holdings of any particular asset 
                transferred to the trust by any interested party are 
                disposed of or when the value of such holding is less 
                than $1,000;
                    (``(iv) the trust tax return shall be prepared by 
                the trustee or his designee, and such return and any 
                information relating thereto (other than the trust 
                income summarized in appropriate categories necessary 
                to complete an interested party's tax return), shall 
                not be disclosed to any interested party;
                    (``(v) an interested party shall not receive any 
                report on the holdings and sources of income of the 
                trust, except a report at the end of each calendar 
                quarter with respect to the total cash value of the 
                interest of the interested party in the trust or the 
                net income or loss of the trust or any reports 
                necessary to enable the interested party to complete an 
                individual tax return required by law or to provide the 
                information required by subsection (a)(1) of this 
                section, but such report shall not identify any asset 
                or holding;
                    (``(vi) except for communications which solely 
                consist of requests for distributions of cash or other 
                unspecified assets of the trust, there shall be no 
                direct or indirect communication between the trustee 
                and an interested party with respect to the trust 
                unless such communication is in writing and unless it 
                relates only (I) to the general financial interest and 
                needs of the interested party (including, but not 
                limited to, an interest in maximizing income or long-
                term capital gain), (II) to the notification of the 
                trustee of a law or regulation subsequently applicable 
                to the reporting individual which prohibits the 
                interested party from holding an asset, which 
                notification directs that the asset not be held by the 
                trust, or (III) to directions to the trustee to sell 
                all of an asset initially placed in the trust by an 
                interested party which in the determination of the 
                reporting individual creates a conflict of interest or 
                the appearance thereof due to the subsequent assumption 
                of duties by the reporting individual (but nothing 
                herein shall require any such direction); and
                    (``(vii) the interested parties shall make no 
                effort to obtain information with respect to the 
                holdings of the trust, including obtaining a copy of 
                any trust tax return filed or any information relating 
                thereto except as otherwise provided in this 
                subsection.
            (``(D) The proposed trust instrument and the proposed 
        trustee is approved by the Office of Government Ethics.
            (``(E) For purposes of this subsection, `interested party' 
        means a reporting individual, his spouse, and any minor or 
        dependent child; `broker' has the meaning set forth in section 
        3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C. 
        78c(a)(4)); and `investment adviser' includes any investment 
        adviser who, as determined under regulations prescribed by the 
        supervising ethics office, is generally involved in his role as 
        such an adviser in the management or control of trusts.
    (``(4)(A) An asset placed in a trust by an interested party shall 
be considered a financial interest of the reporting individual, for the 
purposes of any applicable conflict of interest statutes, regulations, 
or rules of the Federal Government (including section 208 of title 18, 
United States Code), until such time as the reporting individual is 
notified by the trustee that such asset has been disposed of, or has a 
value of less than $1,000.
    (``(B)(i) The provisions of subparagraph (A) shall not apply with 
respect to a trust created for the benefit of a reporting individual, 
or the spouse, dependent child, or minor child of such a person, if the 
Office of Government Ethics finds that--
            (``(I) the assets placed in the trust consist of a widely-
        diversified portfolio of readily marketable securities;
            (``(II) none of the assets consist of securities of 
        entities having substantial activities in the area of the 
        reporting individual's primary area of responsibility;
            (``(III) the trust instrument prohibits the trustee, 
        notwithstanding the provisions of paragraph (3)(C) (iii) and 
        (iv), from making public or informing any interested party of 
        the sale of any securities;
            (``(IV) the trustee is given power of attorney, 
        notwithstanding the provisions of paragraph (3)(C)(v), to 
        prepare on behalf of any interested party the personal income 
        tax returns and similar returns which may contain information 
        relating to the trust; and
            (``(V) except as otherwise provided in this paragraph, the 
        trust instrument provides (or in the case of a trust which by 
        its terms does not permit amendment, the trustee, the reporting 
        individual, and any other interested party agree in writing) 
        that the trust shall be administered in accordance with the 
        requirements of this subsection and the trustee of such trust 
        meets the requirements of paragraph (3)(A).
    (``(ii) In any instance covered by subparagraph (B) in which the 
reporting individual is an individual whose nomination is being 
considered by a congressional committee, the reporting individual shall 
inform the congressional committee considering his nomination before or 
during the period of such individual's confirmation hearing of his 
intention to comply with this paragraph.
    (``(5)(A) The reporting individual shall, within 30 days after a 
qualified blind trust is approved by the Office of Government Ethics, 
file with such office a copy of--
            (``(i) the executed trust instrument of such trust (other 
        than those provisions which relate to the testamentary 
        disposition of the trust assets), and
            (``(ii) a list of the assets which were transferred to such 
        trust, including the category of value of each asset as 
        determined under subsection (d).
    (This subparagraph shall not apply with respect to a trust meeting 
the requirements for being considered a qualified blind trust under 
paragraph (7).
    (``(B) The reporting individual shall, within 30 days of 
transferring an asset (other than cash) to a previously established 
qualified blind trust, notify the Office of Government Ethics of the 
identity of each such asset and the category of value of each asset as 
determined under subsection (d).
    (``(C) Within 30 days of the dissolution of a qualified blind 
trust, a reporting individual shall (i) notify the Office of Government 
Ethics of such dissolution, and (ii) file with such Office and his 
designated agency ethics official a copy of a list of the assets of the 
trust at the time of such dissolution and the category of value under 
subsection (c) of each such asset.
    (``(D) Documents filed under subparagraphs (A), (B), and (C) and 
the lists provided by the trustee of assets placed in the trust by an 
interested party which have been sold shall be made available to the 
public in the same manner as a report is made available under section 
305 and the provisions of that section shall apply with respect to such 
documents and lists.
    (``(E) A copy of each written communication with respect to the 
trust under paragraph (3)(C)(vi) shall be filed by the person 
initiating the communication with the Office of Government Ethics 
within 5 days of the date of the communication.
    (``(6)(A) A trustee of a qualified blind trust shall not knowingly 
and willfully, or negligently, (i) disclose any information to an 
interested party with respect to such trust that may not be disclosed 
under paragraph (3); (ii) acquire any holding the ownership of which is 
prohibited by the trust instrument; (iii) solicit advice from any 
interested party with respect to such trust, which solicitation is 
prohibited by paragraph (3) or the trust agreement; or (iv) fail to 
file any document required by this subsection.
    (``(B) A reporting individual shall not knowingly and willfully, or 
negligently, (i) solicit or receive any information with respect to a 
qualified blind trust of which he is an interested party that may not 
be disclosed under paragraph (3)(C) or (ii) fail to file any document 
required by this subsection.
    (``(C)(i) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
knowingly and willfully violates the provisions of subparagraph (A) or 
(B). The court in which such action is brought may assess against such 
individual a civil penalty in any amount not to exceed $11,000.
    (``(ii) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
negligently violates the provisions of subparagraph (A) or (B). The 
court in which such action is brought may assess against such 
individual a civil penalty in any amount not to exceed $5,500.
    (``(7) Any trust may be considered to be a qualified blind trust 
if--
            (``(A) the trust instrument is amended to comply with the 
        requirements of paragraph (3) or, in the case of a trust 
        instrument which does not by its terms permit amendment, the 
        trustee, the reporting individual, and any other interested 
        party agree in writing that the trust shall be administered in 
        accordance with the requirements of this subsection and the 
        trustee of such trust meets the requirements of paragraph 
        (3)(A); except that in the case of any interested party who is 
        a dependent child, a parent or guardian of such child may 
        execute the agreement referred to in this subparagraph;
            (``(B) a copy of the trust instrument (except testamentary 
        provisions) and a copy of the agreement referred to in 
        subparagraph (A), and a list of the assets held by the trust at 
        the time of approval by the Office of Government Ethics, 
        including the category of value of each asset as determined 
        under subsection (d), are filed with such office and made 
        available to the public as provided under paragraph (5)(D); and
            (``(C) the Director of the Office of Government Ethics 
        determines that approval of the trust arrangement as a 
        qualified blind trust is in the particular case appropriate to 
        assure compliance with applicable laws and regulations.
    (``(8) A reporting individual shall not be required to report the 
financial interests held by a widely held investment fund (whether such 
fund is a mutual fund, regulated investment company, pension or 
deferred compensation plan, or other investment fund), if--
            (``(A)(i) the fund is publicly traded; or
            (``(ii) the assets of the fund are widely diversified; and
            (``(B) the reporting individual neither exercises control 
        over nor has the ability to exercise control over the financial 
        interests held by the fund.
    (``(9)(A) A reporting individual described in subsection (a), (b), 
or (c) of section 301 shall not be required to report the assets or 
sources of income of any publicly available investment fund if--
            (``(i) the identity of such assets and sources of income is 
        not provided to investors;
            (``(ii) the reporting individual neither exercises control 
        over nor has the ability to exercise control over the fund; and
            (``(iii) the reporting individual--
                    (``(I) does not otherwise have knowledge of the 
                individual assets of the fund and provides written 
                certification by the fund manager that individual 
                assets of the fund are not disclosed to investors; or
                    (``(II) has executed a written ethics agreement 
                that contains a commitment to divest the interest in 
                the investment fund no later than 90 days after the 
                date of the agreement.
    (The reporting individual shall file the written certification by 
the fund manager as an attachment to the report filed pursuant to 
section 301.
    (``(B) The provisions of subparagraph (A) shall apply to an 
individual described in subsection (d) or (e) of section 301 if--
            (``(i) the interest in the trust or investment fund is 
        acquired, during the period to be covered by the report, 
        involuntarily (such as through inheritance) or as a legal 
        incident of marriage; and
            (``(ii) for an individual described in subsection (d), the 
        individual executes a written ethics agreement containing a 
        commitment to divest the interest no later than 90 days after 
        the date the report is due.
    (Failure to divest within the time specified or within an extension 
period granted by the supervising ethics office for good cause shown 
shall result in an immediate requirement to report as specified in 
paragraph (1).
    (``(g) Political campaign funds, including campaign receipts and 
expenditures, need not be included in any report filed pursuant to this 
title.
    (``(h) A report filed pursuant to subsection (a), (c), or (d) of 
section 301 need not contain the information described in subparagraphs 
(A), (B), and (C) of subsection (a)(2) with respect to gifts and 
reimbursements received in a period when the reporting individual was 
not an officer or employee of the Federal Government.
    (``(i) A reporting individual shall not be required under this 
title to report--
            (``(1) financial interests in or income derived from--
                    (``(A) any retirement system under title 5, United 
                States Code (including the Thrift Savings Plan under 
                subchapter III of chapter 84 of such title); or
                    (``(B) any other retirement system maintained by 
                the United States for officers or employees of the 
                United States, including the President, or for members 
                of the uniformed services; or
            (``(2) benefits received under the Social Security Act (42 
        U.S.C. 301 et seq.).

(``SEC. 303. FILING OF REPORTS.

    (``(a) Except as otherwise provided in this section, the reports 
required under this title shall be filed by the reporting individual 
with the designated agency ethics official at the agency by which he is 
employed (or in the case of an individual described in section 301(d), 
was employed) or in which he will serve. The date any report is 
received (and the date of receipt of any supplemental report) shall be 
noted on such report by such official.
    (``(b) Reports required of members of the uniformed services shall 
be filed with the Secretary concerned.
    (``(c) The Office of Government Ethics shall develop and make 
available forms for reporting the information required by this title.

(``SEC. 304. FAILURE TO FILE OR FILING FALSE REPORTS.

    (``(a) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
knowingly and willfully falsifies or who knowingly and willfully fails 
to file or report any information that such individual is required to 
report pursuant to section 302. The court in which such action is 
brought may assess against such individual a civil penalty in any 
amount, not to exceed $11,000, order the individual to file or report 
any information required by section 302, or both.
    (``(b) The head of each agency, each Secretary concerned, or the 
Director of the Office of Government Ethics, as the case may be, shall 
refer to the Attorney General the name of any individual which such 
official has reasonable cause to believe has willfully failed to file a 
report or has willfully falsified or willfully failed to file 
information required to be reported.
    (``(c) The President, the Vice President, the Secretary concerned, 
or the head of each agency may take any appropriate personnel or other 
action in accordance with applicable law or regulation against any 
individual failing to file a report or falsifying or failing to report 
information required to be reported.
    (``(d)(1) Any individual who files a report required to be filed 
under this title more than 30 days after the later of--
            (``(A) the date such report is required to be filed 
        pursuant to the provisions of this title and the rules and 
        regulations promulgated thereunder; or
            (``(B) if a filing extension is granted to such individual 
        under section 301(g), the last day of the filing extension 
        period, shall, at the direction of and pursuant to regulations 
        issued by the Office of Government Ethics, pay a filing fee of 
        $500. All such fees shall be deposited in the miscellaneous 
        receipts of the Treasury. The authority under this paragraph to 
        direct the payment of a filing fee may be delegated by the 
        Office of Government Ethics to other agencies in the executive 
        branch.
    (``(2) The Office of Government Ethics may waive the filing fee 
under this subsection for good cause shown.

(``SEC. 305. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.

    (``Any report filed with or transmitted to an agency or the Office 
of Government Ethics pursuant to this title shall be made available to 
the public (in the same manner as described in section 105) and 
retained by such agency or Office, as the case may be, for a period of 
6 years after receipt of the report. After such 6-year period the 
report shall be destroyed unless needed in an ongoing investigation, 
except that in the case of an individual who filed the report pursuant 
to section 301(b) and was not subsequently confirmed by the Senate, 
such reports shall be destroyed 1 year after the individual is no 
longer under consideration by the Senate, unless needed in an ongoing 
investigation.

(``SEC. 306. REVIEW OF REPORTS.

    (``(a) Each designated agency ethics official or Secretary 
concerned shall make provisions to ensure that each report filed with 
him under this title is reviewed within 60 days after the date of such 
filing, except that the Director of the Office of Government Ethics 
shall review only those reports required to be transmitted to him under 
this title within 60 days after the date of transmittal.
    (``(b)(1) If after reviewing any report under subsection (a), the 
Director of the Office of Government Ethics, the Secretary concerned, 
or the designated agency ethics official, as the case may be, is of the 
opinion that on the basis of information contained in such report the 
individual submitting such report is in compliance with applicable laws 
and regulations, he shall state such opinion on the report, and shall 
sign such report.
    (``(2) If the Director of the Office of Government Ethics, the 
Secretary concerned, or the designated agency ethics official after 
reviewing any report under subsection (a)--
            (``(A) believes additional information is required to be 
        submitted to complete the report or to perform a conflict of 
        interest analysis, he shall notify the individual submitting 
        such report what additional information is required and the 
        time by which it must be submitted, or
            (``(B) is of the opinion, on the basis of information 
        submitted, that the individual is not in compliance with 
        applicable laws and regulations, he shall notify the 
        individual, afford a reasonable opportunity for a written or 
        oral response, and after consideration of such response, reach 
        an opinion as to whether or not, on the basis of information 
        submitted, the individual is in compliance with such laws and 
        regulations.
    (``(3) If the Director of the Office of Government Ethics, the 
Secretary concerned, or the designated agency ethics official reaches 
an opinion under paragraph (2)(B) that an individual is not in 
compliance with applicable laws and regulations, the official shall 
notify the individual of that opinion and, after an opportunity for 
personal consultation (if practicable), determine and notify the 
individual of which steps, if any, would in the opinion of such 
official be appropriate for assuring compliance with such laws and 
regulations and the date by which such steps should be taken. Such 
steps may include, as appropriate--
            (``(A) divestiture,
            (``(B) restitution,
            (``(C) the establishment of a blind trust,
            (``(D) request for an exemption under section 208(b) of 
        title 18, United States Code, or
            (``(E) voluntary request for transfer, reassignment, 
        limitation of duties, or resignation.
    (The use of any such steps shall be in accordance with such rules 
or regulations as the Office of Government Ethics may prescribe.
    (``(4) If steps for assuring compliance with applicable laws and 
regulations are not taken by the date set under paragraph (3) by an 
individual in a position in the executive branch, appointment to which 
requires the advice and consent of the Senate, the matter shall be 
referred to the President for appropriate action.
    (``(5) If steps for assuring compliance with applicable laws and 
regulations are not taken by the date set under paragraph (3) by a 
member of the Foreign Service or the uniformed services, the Secretary 
concerned shall take appropriate action.
    (``(6) If steps for assuring compliance with applicable laws and 
regulations are not taken by the date set under paragraph (3) by any 
other officer or employee, the matter shall be referred to the head of 
the appropriate agency for appropriate action.
    (``(7) The Office of Government Ethics may render advisory opinions 
interpreting this title. Notwithstanding any other provision of law, 
the individual to whom a public advisory opinion is rendered in 
accordance with this paragraph, and any other individual covered by 
this title who is involved in a fact situation which is 
indistinguishable in all material aspects, and who acts in good faith 
in accordance with the provisions and findings of such advisory opinion 
shall not, as a result of such act, be subject to any penalty or 
sanction provided by this title.

(``SEC. 307. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL REQUIREMENTS.

    (``(a)(1) The Office of Government Ethics may require officers and 
employees of the executive branch (including special Government 
employees as defined in section 202 of title 18, United States Code) to 
file confidential financial disclosure reports, in such form as it may 
prescribe. The information required to be reported under this 
subsection by the officers and employees of any department or agency 
listed in section 301(e) shall be set forth in rules or regulations 
prescribed by the Office of Government Ethics, and may be less 
extensive than otherwise required by this title, or more extensive when 
determined by the Office of Government Ethics to be necessary and 
appropriate in light of sections 202 through 209 of title 18, United 
States Code, regulations promulgated thereunder, or the authorized 
activities of such officers or employees. Any individual required to 
file a report pursuant to section 301 shall not be required to file a 
confidential report pursuant to this subsection, except with respect to 
information which is more extensive than information otherwise required 
by this title. Section 305 shall not apply with respect to any such 
report.
    (``(2) Any information required to be provided by an individual 
under this subsection shall be confidential and shall not be disclosed 
to the public.
    (``(3) Nothing in this subsection exempts any individual otherwise 
covered by the requirement to file a public financial disclosure report 
under this title from such requirement.
    (``(b) The provisions of this title requiring the reporting of 
information shall supersede any general requirement under any other 
provision of law or regulation with respect to the reporting of 
information required for purposes of preventing conflicts of interest 
or apparent conflicts of interest. Such provisions of this title shall 
not supersede the requirements of section 7342 of title 5, United 
States Code.
    (``(c) Nothing in this Act requiring reporting of information shall 
be deemed to authorize the receipt of income, gifts, or reimbursements; 
the holding of assets, liabilities, or positions; or the participation 
in transactions that are prohibited by law, Executive order, rule, or 
regulation.

(``SEC. 308. AUTHORITY OF COMPTROLLER GENERAL.

    (``The Comptroller General shall have access to financial 
disclosure reports filed under this title for the purposes of carrying 
out his statutory responsibilities.

(``SEC. 309. DEFINITIONS.

    (``For the purposes of this title--
            (``(1) the term `dependent child' means, when used with 
        respect to any reporting individual, any individual who is a 
        son, daughter, stepson, or stepdaughter and who--
                    (``(A) is unmarried and under age 21 and is living 
                in the household of such reporting individual; or
                    (``(B) is a dependent of such reporting individual 
                within the meaning of section 152 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 152);
            (``(2) the term `designated agency ethics official' means 
        an officer or employee who is designated to administer the 
        provisions of this title within an agency;
            (``(3) the term `executive branch' includes--
                    (``(A) each Executive agency (as defined in section 
                105 of title 5, United States Code), other than the 
                General Accounting Office; and
                    (``(B) any other entity or administrative unit in 
                the executive branch;
            (``(4) the term `gift' means a payment, advance, 
        forbearance, rendering, or deposit of money, or any thing of 
        value, unless consideration of equal or greater value is 
        received by the donor, but does not include--
                    (``(A) bequests and other forms of inheritance;
                    (``(B) suitable mementos of a function honoring the 
                reporting individual;
                    (``(C) food, lodging, transportation, and 
                entertainment provided by a foreign government within a 
                foreign country or by the United States Government, the 
                District of Columbia, or a State or local government or 
                political subdivision thereof;
                    (``(D) food and beverages which are not consumed in 
                connection with a gift of overnight lodging;
                    (``(E) communications to the offices of a reporting 
                individual, including subscriptions to newspapers and 
                periodicals; or
                    (``(F) items that are accepted pursuant to or are 
                required to be reported by the reporting individual 
                under section 7342 of title 5, United States Code.
            (``(5) the term `honorarium' means a payment of money or 
        anything of value for an appearance, speech, or article;
            (``(6) the term `income' means all income from whatever 
        source derived, including but not limited to the following 
        items: compensation for services, including fees, commissions, 
        and similar items; gross income derived from business (and net 
        income if the individual elects to include it); gains derived 
        from dealings in property; interest; rents; royalties; prizes 
        and awards; dividends; annuities; income from life insurance 
        and endowment contracts; pensions; income from discharge of 
        indebtedness; distributive share of partnership income; and 
        income from an interest in an estate or trust;
            (``(7) the term `personal hospitality of any individual' 
        means hospitality extended for a nonbusiness purpose by an 
        individual, not a corporation or organization, at the personal 
        residence of that individual or his family or on property or 
        facilities owned by that individual or his family;
            (``(8) the term `reimbursement' means any payment or other 
        thing of value received by the reporting individual, other than 
        gifts, to cover travel-related expenses of such individual 
        other than those which are--
                    (``(A) provided by the United States Government, 
                the District of Columbia, or a State or local 
                government or political subdivision thereof;
                    (``(B) required to be reported by the reporting 
                individual under section 7342 of title 5, United States 
                Code; or
                    (``(C) required to be reported under section 304 of 
                the Federal Election Campaign Act of 1971 (2 U.S.C. 
                434);
            (``(9) the term `relative' means an individual who is 
        related to the reporting individual, as father, mother, son, 
        daughter, brother, sister, uncle, aunt, great aunt, great 
        uncle, first cousin, nephew, niece, husband, wife, grandfather, 
        grandmother, grandson, granddaughter, father-in-law, mother-in-
        law, son-in-law, daughter-in-law, brother-in-law, sister-in-
        law, stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or who is 
        the grandfather or grandmother of the spouse of the reporting 
        individual, and shall be deemed to include the fiance or 
        fiancee of the reporting individual;
            (``(10) the term `Secretary concerned' has the meaning set 
        forth in section 101(a)(9) of title 10, United States Code; and
            (``(11) the term `value' means a good faith estimate of the 
        dollar value if the exact value is neither known nor easily 
        obtainable by the reporting individual.

(``SEC. 310. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS AGREEMENTS.

    (``(a) In any case in which an individual agrees with that 
individual's designated agency ethics official, the Office of 
Government Ethics, or a Senate confirmation committee, to take any 
action to comply with this Act or any other law or regulation governing 
conflicts of interest of, or establishing standards of conduct 
applicable with respect to, officers or employees of the Government, 
that individual shall notify in writing the designated agency ethics 
official, the Office of Government Ethics, or the appropriate committee 
of the Senate, as the case may be, of any action taken by the 
individual pursuant to that agreement. Such notification shall be made 
not later than the date specified in the agreement by which action by 
the individual must be taken, or not later than 3 months after the date 
of the agreement, if no date for action is so specified. If all actions 
agreed to have not been completed by the date of this notification, 
such notification shall continue on a monthly basis thereafter until 
the individual has met the terms of the agreement.
    (``(b) If an agreement described in subsection (a) requires that 
the individual recuse himself or herself from particular categories of 
agency or other official action, the individual shall reduce to writing 
those subjects regarding which the recusal agreement will apply and the 
process by which it will be determined whether the individual must 
recuse himself or herself in a specific instance. An individual shall 
be considered to have complied with the requirements of subsection (a) 
with respect to such recusal agreement if such individual files a copy 
of the document setting forth the information described in the 
preceding sentence with such individual's designated agency ethics 
official or the Office of Government Ethics not later than the date 
specified in the agreement by which action by the individual must be 
taken, or not later than 3 months after the date of the agreement, if 
no date for action is so specified.

(``SEC. 311. ADMINISTRATION OF PROVISIONS.

    (``The Office of Government Ethics shall issue regulations, develop 
forms, and provide such guidance as is necessary to implement and 
interpret this title.''.
    ((b) Exemption From Public Access to Financial Disclosures.--
Section 105(a)(1) of such Act is amended by inserting ``the Office of 
the National Intelligence Director,'' before ``the Central Intelligence 
Agency''.
    ((c) Conforming Amendment.--Section 101(f) of such Act is amended--
            ((1) in paragraph (12), by striking the period at the end 
        and inserting a semicolon; and
            ((2) by adding at the end the following:
    (``but do not include any officer or employee of any department or 
agency listed in section 301(e).''.

(SEC. 5044. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE 
              CONFIRMATION.

    ((a) Definition.--In this section, the term ``agency'' means an 
Executive agency, as defined under section 105 of title 5, United 
States Code.
    ((b) Reduction Plan.--
            ((1) 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--
                    ((A) the President;
                    ((B) the Committee on Governmental Affairs of the 
                Senate; and
                    ((C) the Committee on Government Reform of the 
                House of Representatives.
            ((2) Content.--The plan under this subsection shall provide 
        for the reduction of--
                    ((A) 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
                    ((B) the number of levels of such positions within 
                that agency.

(SEC. 5045. EFFECTIVE DATES.

    ((a) Section 5043.--
            ((1) In general.--Subject to paragraph (2), the amendments 
        made by section 5043 shall take effect on January 1 of the year 
        following the year in which occurs the date of enactment of 
        this Act.
            ((2) Later date.--If this Act is enacted on or after July 1 
        of a year, the amendments made by section 301 shall take effect 
        on July 1 of the following year.
    ((b) Section 5044.--Section 5044 shall take effect on the date of 
enactment of this Act.

       (CHAPTER 2--FEDERAL BUREAU OF INVESTIGATION REVITALIZATION

(SEC. 5051. 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 authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.
    ((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 authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.

(SEC. 5052. RETENTION AND RELOCATION BONUSES.

    ((a) In General.--Subchapter IV of chapter 57 of title 5, United 
States Code, is amended by adding at the end the following:
(``Sec. 5759. Retention and relocation bonuses for the Federal Bureau 
              of Investigation
    (``(a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the Office of 
Personnel Management, may pay, on a case-by-case basis, a bonus under 
this section to an employee of the Bureau if--
            (``(1)(A) the unusually high or unique qualifications of 
        the employee or a special need of the Bureau for the employee's 
        services makes it essential to retain the employee; and
            (``(B) the Director of the Federal Bureau of Investigation 
        determines that, in the absence of such a bonus, the employee 
        would be likely to leave--
                    (``(i) the Federal service; or
                    (``(ii) for a different position in the Federal 
                service; or
            (``(2) the individual is transferred to a different 
        geographic area with a higher cost of living (as determined by 
        the Director of the Federal Bureau of Investigation).
    (``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Bureau to complete a period of service, not to exceed 4 years, 
with the Bureau. Such agreement shall include--
            (``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            (``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
    (``(c) Limitations on Authority.--A bonus paid under this section--
            (``(1) shall not exceed 50 percent of the annual rate of 
        basic pay of the employee as of the beginning of the period of 
        service (established under subsection (b)) multiplied by the 
        number of years (including a fractional part of a year) in the 
        required period of service of the employee involved, but shall 
        in no event exceed 100 percent of the annual rate of basic pay 
        of the employee as of the beginning of the service period; and
            (``(2) may not be paid to an individual who is appointed to 
        or who holds a position--
                    (``(A) to which an individual is appointed by the 
                President, by and with the advice and consent of the 
                Senate; or
                    (``(B) in the Senior Executive Service as a 
                noncareer appointee (as defined in section 3132(a)).
    (``(d) Impact on Basic Pay.--A retention bonus is not part of the 
basic pay of an employee for any purpose.
    (``(e) Termination of Authority.--The authority to grant bonuses 
under this section shall cease to be available after December 31, 
2009.''.
    ((b) Clerical Amendment.--The analysis for chapter 57 of title 5, 
United States Code, is amended by adding at the end the following:

<star>``5759. Retention and relocation bonuses for the Federal Bureau 
                            of Investigation.''.

(SEC. 5053. 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:

 <star>``subchapter vii--retention of retired specialized employees at 
                  the federal bureau of investigation
<star>``3598. Federal Bureau of Investigation Reserve Service.''.

(SEC. 5054. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF INVESTIGATION 
              INTELLIGENCE DIRECTORATE.

    (Section 5377(a)(2) of title 5, United States Code, is amended--
            ((1) by striking ``and'' at the end of subparagraph (E);
            ((2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            ((3) by inserting after subparagraph (F) the following:
                    (``(G) a position at the Federal Bureau of 
                Investigation, the primary duties and responsibilities 
                of which relate to intelligence functions (as 
                determined by the Director of the Federal Bureau of 
                Investigation).''.

                   (CHAPTER 3--REPORTING REQUIREMENT

(SEC. 5061. REPORTING REQUIREMENT.

    (The President shall, within 6 months after the date of enactment 
of this Act, submit to Congress a report that--
            ((1) evaluates the hiring policies of the Federal 
        Government with respect to its foreign language needs and the 
        war on terrorism, including an analysis of the personnel 
        requirements at the Federal Bureau of Investigation, the 
        Central Intelligence Agency, the Department of Homeland 
        Security, the Department of State, the Department of Defense, 
        and all other Federal agencies the President identifies as 
        having responsibilities in the war on terrorism;
            ((2) describes with respect to each agency identified under 
        paragraph (1) the Federal Government's current workforce 
        capabilities with respect to its foreign language needs and the 
        war on terrorism;
            ((3) summarizes for each agency identified under paragraph 
        (1) any shortfall in the Federal Government's workforce 
        capabilities relative to its foreign language needs with 
        respect to the war on terrorism; and
            ((4) provides a specific plan to eliminate any shortfalls 
        identified under paragraph (3) and a cost estimate, by agency, 
        for eliminating those shortfalls.

             (Subtitle F--Security Clearance Modernization

(SEC. 5071. DEFINITIONS.

    (In this subtitle:
            ((1) The term ``Director'' means the National Intelligence 
        Director.
            ((2) The term ``agency'' means--
                    ((A) an executive agency, as defined in section 105 
                of title 5, United States Code;
                    ((B) a military department, as defined in section 
                102 of title 5, United States Code; and
                    ((C) elements of the intelligence community, as 
                defined in section 3(4) of the National Security Act of 
                1947 (50 U.S.C. 401a(4)).
            ((3) The term ``authorized investigative agency'' means an 
        agency authorized by law, regulation or direction of the 
        Director 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.
            ((4) The term ``authorized adjudicative agency'' means an 
        agency authorized by law, regulation or direction of the 
        Director to determine eligibility for access to classified 
        information in accordance with Executive Order 12968.
            ((5) The term ``highly sensitive program'' means--
                    ((A) a government program designated as a Special 
                Access Program (as defined by section 4.1(h) of 
                Executive Order 12958); and
                    ((B) a government program that applies restrictions 
                required for--
                            ((i) Restricted Data (as defined by 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''.
            ((6) 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.
            ((7) 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.
            ((8) The term ``periodic reinvestigations'' means--
                    ((A) investigations conducted for the purpose of 
                updating a previously completed background 
                investigation--
                            ((i) every five years in the case of a Top 
                        Secret Clearance or access to a highly 
                        sensitive program;
                            ((ii) every 10 years in the case of a 
                        Secret Clearance; and
                            ((iii) every 15 years in the case of a 
                        Confidential Clearance;
                    ((B) on-going investigations to identify personnel 
                security risks as they develop, pursuant to section 
                5075(c).
            ((9) The term ``appropriate committees of Congress'' 
        means--
                    ((A) the Permanent Select Committee on Intelligence 
                and the Committees on Armed Services, Judiciary, and 
                Government Reform of the House of Representatives; and
                    ((B) the Select Committee on Intelligence and the 
                Committees on Armed Services, Judiciary, and 
                Governmental Affairs of the Senate.

(SEC. 5072. SECURITY CLEARANCE AND INVESTIGATIVE PROGRAMS OVERSIGHT AND 
              ADMINISTRATION.

    (The Deputy National Intelligence Director for Community Management 
and Resources shall have responsibility for the following:
            ((1) Directing day-to-day oversight of investigations and 
        adjudications for personnel security clearances and highly 
        sensitive programs throughout the Federal 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 pursuant to section 5074(d).
            ((4) Ensuring reciprocal recognition of access to 
        classified information among agencies, including acting as the 
        final authority to arbitrate and resolve disputes involving the 
        reciprocity of security clearances and access to highly 
        sensitive programs.
            ((5) Ensuring, to the maximum extent practicable, that 
        sufficient resources are available in each agency to achieve 
        clearance and investigative program goals.
            ((6) Reviewing and coordinating the development of tools 
        and techniques for enhancing the conduct of investigations and 
        granting of clearances.

(SEC. 5073. RECIPROCITY OF SECURITY CLEARANCE AND ACCESS 
              DETERMINATIONS.

    ((a) Requirement for Reciprocity.--(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.
    ((b) Prohibition on Establishing Additional.--(1) An authorized 
investigative agency or authorized adjudicative agency may not 
establish additional investigative or adjudicative requirements (other 
than requirements for the conduct of a polygraph examination) that 
exceed requirements specified in Executive Orders establishing security 
requirements for access to classified information.
    ((2) Notwithstanding the paragraph (1), the Director may establish 
additional requirements as needed for national security purposes.
    ((c) Prohibition on Duplicative Investigations.--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.

(SEC. 5074. ESTABLISHMENT OF NATIONAL DATABASE .

    ((a) Establishment.--Not later than 12 months after the date of the 
enactment of this Act, the Director of the Office of Personnel 
Management, in cooperation with the Director, shall establish, and 
begin operating and maintaining, an integrated, secure, national 
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.
    ((b) Integration.--The national database established under 
subsection (a) shall function to integrate information from existing 
Federal clearance tracking systems from other authorized investigative 
and adjudicative agencies into a single consolidated database.
    ((c) Requirement to Check Database.--Each authorized investigative 
or adjudicative agency shall check the national database established 
under subsection (a) 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.
    ((d) Certification of Authorized Investigative Agencies or 
Authorized Adjudicative Agencies.--The Director shall evaluate the 
extent to which an agency is submitting information to, and requesting 
information from, the national database established under subsection 
(a) as part of a determination of whether to certify the agency as an 
authorized investigative agency or authorized adjudicative agency.
    ((e) Exclusion of Certain Intelligence Operatives.--The Director 
may authorize an agency to withhold information about certain 
individuals from the database established under subsection (a) if the 
Director determines it is necessary for national security purposes.
    ((f) Compliance.--The Director shall establish a review procedure 
by which agencies can seek review of actions required under section 
5073.
    ((g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for fiscal year 2005 and 
each subsequent fiscal year for the implementation, maintenance and 
operation of the database established in subsection (a).

(SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEARANCE INVESTIGATIONS.

    ((a) Investigations.--Not later than 12 months after the date of 
the enactment of this Act, each authorized investigative agency that 
conducts personnel security clearance investigations shall use, to the 
maximum extent practicable, available information technology and 
databases to expedite investigative processes and to verify standard 
information submitted as part of an application for a security 
clearance.
    ((b) Interim Clearance.--If the application of an applicant for an 
interim clearance has been processed using the technology under 
subsection (a), the interim clearances for the applicant at the secret, 
top secret, and special access program levels may be granted before the 
completion of the appropriate investigation. Any request to process an 
interim clearance shall be given priority, and the authority granting 
the interim clearance shall ensure that final adjudication on the 
application is made within 90 days after the initial clearance is 
granted.
    ((c) On-Going Monitoring of Individuals With Security Clearances.--
(1) Authorized investigative agencies and authorized adjudicative 
agencies shall establish procedures for the regular, ongoing 
verification of personnel with security clearances in effect for 
continued access to classified information. Such procedures shall 
include the use of available technology to detect, on a regularly 
recurring basis, any issues of concern that may arise involving such 
personnel and such access.
    ((2) Such regularly recurring verification may be used as a basis 
for terminating a security clearance or access and shall be used in 
periodic reinvestigations to address emerging threats and adverse 
events associated with individuals with security clearances in effect 
to the maximum extent practicable.
    ((3) If the Director certifies that the national security of the 
United States is not harmed by the discontinuation of periodic 
reinvestigations, the regularly recurring verification under this 
section may replace periodic reinvestigations.

(SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE 
              PROCESS.

    ((a) 60-Day Period for Determination on Clearances.--Each 
authorized adjudicative agency shall make a determination on an 
application for a personnel security clearance within 60 days after the 
date of receipt of the completed application for a security clearance 
by an authorized investigative agency. The 60-day period shall 
include--
            ((1) a period of not longer than 40 days to complete the 
        investigative phase of the clearance review; and
            ((2) a period of not longer than 20 days to complete the 
        adjudicative phase of the clearance review.
    ((b) Effective Date and Phase-in.--
            ((1) Effective date.--Subsection (a) shall take effect 5 
        years after the date of the enactment of this Act.
            ((2) Phase-in.--During the period beginning on a date not 
        later than 2 years after the date of the enactment of this Act 
        and ending on the date on which subsection (a) takes effect as 
        specified in paragraph (1), each authorized adjudicative agency 
        shall make a determination on an application for a personnel 
        security clearance pursuant to this title within 120 days after 
        the date of receipt of the application for a security clearance 
        by an authorized investigative agency. The 120-day period shall 
        include--
                    ((A) a period of not longer than 90 days to 
                complete the investigative phase of the clearance 
                review; and
                    ((B) a period of not longer than 30 days to 
                complete the adjudicative phase of the clearance 
                review.

(SEC. 5077. SECURITY CLEARANCES FOR PRESIDENTIAL TRANSITION.

    ((a) Candidates for National Security Positions.--(1) The 
President-elect shall submit to the Director the names of candidates 
for high-level national security positions, for positions at the level 
of under secretary of executive departments and above, 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 Director shall be responsible for the expeditious 
completion of 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) Security Clearances for Transition Team Members.--(1) In this 
section, the term ``major party'' has the meaning provided under 
section 9002(6) of the Internal Revenue Code of 1986.
    ((2) Each major party candidate for President, except a candidate 
who is the incumbent President, shall submit, before the date of the 
general presidential 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) 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 presidential election.

(SEC. 5078. REPORTS.

    (Not later than February 15, 2006, and annually thereafter through 
2016, the Director shall submit to the appropriate committees of 
Congress a report on the progress made during the preceding year toward 
meeting the requirements specified in this Act. The report shall 
include--
            ((1) the periods of time required by the authorized 
        investigative agencies and authorized adjudicative agencies 
        during the year covered by the report 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;
            ((2) a discussion of any impediments to the smooth and 
        timely functioning of the implementation of this title; and
            ((3) such other information or recommendations as the 
        Deputy Director deems appropriate.

             (Subtitle G--Emergency Financial Preparedness

(SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.

    (Subsection (d) of section 306 of title 31, United States Code, is 
amended by inserting ``or employee'' after ``another officer''.

(SEC. 5082. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES 
              AND EXCHANGE COMMISSION.

    ((a) Extension of Authority.--Paragraph (2) of section 12(k) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to 
read as follows:
            (``(2) Emergency orders.--(A) 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) An order of the Commission under this paragraph (2) 
        shall continue in effect for the period specified by the 
        Commission, and may be extended. Except as provided in 
        subparagraph (C), the Commission's action may not continue in 
        effect for more than 30 business days, including extensions.
            (``(C) An order of the Commission under this paragraph (2) 
        may be extended to continue in effect for more than 30 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 30 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 (2) continue in effect for more than 90 
        calendar days.
            (``(D) 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. In exercising its authority under this paragraph, 
        the Commission shall not be required to comply with the 
        provisions of section 553 of title 5, United States Code, or 
        with the provisions of section 19(c) of this title.
            (``(E) Notwithstanding the exclusion of exempted securities 
        (and markets therein) from the Commission's authority under 
        subparagraph (A), the Commission may use such authority to take 
        action to alter, supplement, suspend, or impose requirements or 
        restrictions with respect to clearing agencies for transactions 
        in such exempted securities. In taking any action under this 
        subparagraph, the Commission shall consult with and consider 
        the views of the Secretary of the Treasury.''.
    ((b) Consultation; Definition of Emergency.--Section 12(k) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is further amended 
by striking paragraph (6) and inserting the following:
            (``(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, 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.--
                    (``(A) Emergency.--For purposes of this subsection, 
                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.
                    (``(B) Securities laws.--Notwithstanding section 
                3(a)(47), for purposes of this subsection, the term 
                `securities laws' does not include the Public Utility 
                Holding Company Act of 1935 (15 U.S.C. 79a et seq.).''.

(SEC. 5083. 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 new subsection:
    (``(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 thereunder, 
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) of this title with respect to transactions in 
securities (other than exempted securities) or a market therein (or 
significant portion or segment of that market).''.

                       (Subtitle H--Other Matters

                      (CHAPTER 1--PRIVACY MATTERS

(SEC. 5091. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION 
              IMPACTS ON INDIVIDUAL PRIVACY.

    ((a) Short Title.--This section may be cited as the ``Federal 
Agency Protection of Privacy Act of 2004''.
    ((b) In General.--Title 5, United States Code, is amended by adding 
after section 553 the following new section:
``(Sec. 553a. Privacy impact assessment in rulemaking
    (``(a) Initial Privacy Impact Assessment.--
            (``(1) In general.--Whenever an agency is required by 
        section 553 of this title, or any other law, to publish a 
        general notice of proposed rulemaking for a proposed rule, or 
        publishes a notice of proposed rulemaking for an interpretative 
        rule involving the internal revenue laws of the United States, 
        and such rule or proposed rulemaking pertains to the 
        collection, maintenance, use, or disclosure of personally 
        identifiable information from 10 or more individuals, other 
        than agencies, instrumentalities, or employees of the Federal 
        government, the agency shall prepare and make available for 
        public comment an initial privacy impact assessment that 
        describes the impact of the proposed rule on the privacy of 
        individuals. Such assessment or a summary thereof shall be 
        signed by the senior agency official with primary 
        responsibility for privacy policy and be published in the 
        Federal Register at the time of the publication of a general 
        notice of proposed rulemaking for the rule.
            (``(2) Contents.--Each initial privacy impact assessment 
        required under this subsection shall contain the following:
                    (``(A) A description and analysis of the extent to 
                which the proposed rule will impact the privacy 
                interests of individuals, including the extent to which 
                the proposed rule--
                            (``(i) provides notice of the collection of 
                        personally identifiable information, and 
                        specifies what personally identifiable 
                        information is to be collected and how it is to 
                        be collected, maintained, used, and disclosed;
                            (``(ii) allows access to such information 
                        by the person to whom the personally 
                        identifiable information pertains and provides 
                        an opportunity to correct inaccuracies;
                            (``(iii) prevents such information, which 
                        is collected for one purpose, from being used 
                        for another purpose; and
                            (``(iv) provides security for such 
                        information.
                    (``(B) A description of any significant 
                alternatives to the proposed rule which accomplish the 
                stated objectives of applicable statutes and which 
                minimize any significant privacy impact of the proposed 
                rule on individuals.
    (``(b) Final Privacy Impact Assessment.--
            (``(1) In general.--Whenever an agency promulgates a final 
        rule under section 553 of this title, after being required by 
        that section or any other law to publish a general notice of 
        proposed rulemaking, or promulgates a final interpretative rule 
        involving the internal revenue laws of the United States, and 
        such rule or proposed rulemaking pertains to the collection, 
        maintenance, use, or disclosure of personally identifiable 
        information from 10 or more individuals, other than agencies, 
        instrumentalities, or employees of the Federal government, the 
        agency shall prepare a final privacy impact assessment, signed 
        by the senior agency official with primary responsibility for 
        privacy policy.
            (``(2) Contents.--Each final privacy impact assessment 
        required under this subsection shall contain the following:
                    (``(A) A description and analysis of the extent to 
                which the final rule will impact the privacy interests 
                of individuals, including the extent to which such 
                rule--
                            (``(i) provides notice of the collection of 
                        personally identifiable information, and 
                        specifies what personally identifiable 
                        information is to be collected and how it is to 
                        be collected, maintained, used, and disclosed;
                            (``(ii) allows access to such information 
                        by the person to whom the personally 
                        identifiable information pertains and provides 
                        an opportunity to correct inaccuracies;
                            (``(iii) prevents such information, which 
                        is collected for one purpose, from being used 
                        for another purpose; and
                            (``(iv) provides security for such 
                        information.
                    (``(B) A summary of any significant issues raised 
                by the public comments in response to the initial 
                privacy impact assessment, a summary of the analysis of 
                the agency of such issues, and a statement of any 
                changes made in such rule as a result of such issues.
                    (``(C) A description of the steps the agency has 
                taken to minimize the significant privacy impact on 
                individuals consistent with the stated objectives of 
                applicable statutes, including a statement of the 
                factual, policy, and legal reasons for selecting the 
                alternative adopted in the final rule and why each one 
                of the other significant alternatives to the rule 
                considered by the agency which affect the privacy 
                interests of individuals was rejected.
            (``(3) Availability to public.--The agency shall make 
        copies of the final privacy impact assessment available to 
        members of the public and shall publish in the Federal Register 
        such assessment or a summary thereof.
    (``(c) Waivers.--
            (``(1) Emergencies.--An agency head may waive or delay the 
        completion of some or all of the requirements of subsections 
        (a) and (b) to the same extent as the agency head may, under 
        section 608, waive or delay the completion of some or all of 
        the requirements of sections 603 and 604, respectively.
            (``(2) National security.--An agency head may, for national 
        security reasons, or to protect from disclosure classified 
        information, confidential commercial information, or 
        information the disclosure of which may adversely affect a law 
        enforcement effort, waive or delay the completion of some or 
        all of the following requirements:
                    (``(A) The requirement of subsection (a)(1) to make 
                an assessment available for public comment.
                    (``(B) The requirement of subsection (a)(1) to have 
                an assessment or summary thereof published in the 
                Federal Register.
                    (``(C) The requirements of subsection (b)(3).
    (``(d) Procedures for Gathering Comments.--When any rule is 
promulgated which may have a significant privacy impact on individuals, 
or a privacy impact on a substantial number of individuals, the head of 
the agency promulgating the rule or the official of the agency with 
statutory responsibility for the promulgation of the rule shall assure 
that individuals have been given an opportunity to participate in the 
rulemaking for the rule through techniques such as--
            (``(1) the inclusion in an advance notice of proposed 
        rulemaking, if issued, of a statement that the proposed rule 
        may have a significant privacy impact on individuals, or a 
        privacy impact on a substantial number of individuals;
            (``(2) the publication of a general notice of proposed 
        rulemaking in publications of national circulation likely to be 
        obtained by individuals;
            (``(3) the direct notification of interested individuals;
            (``(4) the conduct of open conferences or public hearings 
        concerning the rule for individuals, including soliciting and 
        receiving comments over computer networks; and
            (``(5) the adoption or modification of agency procedural 
        rules to reduce the cost or complexity of participation in the 
        rulemaking by individuals.
    (``(e) Periodic Review of Rules.--
            (``(1) In general.--Each agency shall carry out a periodic 
        review of the rules promulgated by the agency that have a 
        significant privacy impact on individuals, or a privacy impact 
        on a substantial number of individuals. Under such periodic 
        review, the agency shall determine, for each such rule, whether 
        the rule can be amended or rescinded in a manner that minimizes 
        any such impact while remaining in accordance with applicable 
        statutes. For each such determination, the agency shall 
        consider the following factors:
                    (``(A) The continued need for the rule.
                    (``(B) The nature of complaints or comments 
                received from the public concerning the rule.
                    (``(C) The complexity of the rule.
                    (``(D) The extent to which the rule overlaps, 
                duplicates, or conflicts with other Federal rules, and, 
                to the extent feasible, with State and local 
                governmental rules.
                    (``(E) The length of time since the rule was last 
                reviewed under this subsection.
                    (``(F) The degree to which technology, economic 
                conditions, or other factors have changed in the area 
                affected by the rule since the rule was last reviewed 
                under this subsection.
            (``(2) Plan required.--Each agency shall carry out the 
        periodic review required by paragraph (1) in accordance with a 
        plan published by such agency in the Federal Register. Each 
        such plan shall provide for the review under this subsection of 
        each rule promulgated by the agency not later than 10 years 
        after the date on which such rule was published as the final 
        rule and, thereafter, not later than 10 years after the date on 
        which such rule was last reviewed under this subsection. The 
        agency may amend such plan at any time by publishing the 
        revision in the Federal Register.
            (``(3) Annual publication.--Each year, each agency shall 
        publish in the Federal Register a list of the rules to be 
        reviewed by such agency under this subsection during the 
        following year. The list shall include a brief description of 
        each such rule and the need for and legal basis of such rule 
        and shall invite public comment upon the determination to be 
        made under this subsection with respect to such rule.
    (``(f) Judicial Review.--
            (``(1) In general.--For any rule subject to this section, 
        an individual who is adversely affected or aggrieved by final 
        agency action is entitled to judicial review of agency 
        compliance with the requirements of subsections (b) and (c) in 
        accordance with chapter 7. Agency compliance with subsection 
        (d) shall be judicially reviewable in connection with judicial 
        review of subsection (b).
            (``(2) Jurisdiction.--Each court having jurisdiction to 
        review such rule for compliance with section 553, or under any 
        other provision of law, shall have jurisdiction to review any 
        claims of noncompliance with subsections (b) and (c) in 
        accordance with chapter 7. Agency compliance with subsection 
        (d) shall be judicially reviewable in connection with judicial 
        review of subsection (b).
            (``(3) Limitations.--
                    (``(A) An individual may seek such review during 
                the period beginning on the date of final agency action 
                and ending 1 year later, except that where a provision 
                of law requires that an action challenging a final 
                agency action be commenced before the expiration of 1 
                year, such lesser period shall apply to an action for 
                judicial review under this subsection.
                    (``(B) In the case where an agency delays the 
                issuance of a final privacy impact assessment pursuant 
                to subsection (c), an action for judicial review under 
                this section shall be filed not later than--
                            (``(i) 1 year after the date the assessment 
                        is made available to the public; or
                            (``(ii) where a provision of law requires 
                        that an action challenging a final agency 
                        regulation be commenced before the expiration 
                        of the 1-year period, the number of days 
                        specified in such provision of law that is 
                        after the date the assessment is made available 
                        to the public.
            (``(4) Relief.--In granting any relief in an action under 
        this subsection, the court shall order the agency to take 
        corrective action consistent with this section and chapter 7, 
        including, but not limited to--
                    (``(A) remanding the rule to the agency; and
                    (``(B) deferring the enforcement of the rule 
                against individuals, unless the court finds that 
                continued enforcement of the rule is in the public 
                interest.
            (``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of any court to stay 
        the effective date of any rule or provision thereof under any 
        other provision of law or to grant any other relief in addition 
        to the requirements of this subsection.
            (``(6) Record of agency action.--In an action for the 
        judicial review of a rule, the privacy impact assessment for 
        such rule, including an assessment prepared or corrected 
        pursuant to paragraph (4), shall constitute part of the entire 
        record of agency action in connection with such review.
            (``(7) Exclusivity.--Compliance or noncompliance by an 
        agency with the provisions of this section shall be subject to 
        judicial review only in accordance with this subsection.
            (``(8) Savings clause.--Nothing in this subsection bars 
        judicial review of any other impact statement or similar 
        assessment required by any other law if judicial review of such 
        statement or assessment is otherwise permitted by law.
    (``(g) Definition.--For purposes of this section, the term 
`personally identifiable information' means information that can be 
used to identify an individual, including such individual's name, 
address, telephone number, photograph, social security number or other 
identifying information. It includes information about such 
individual's medical or financial condition.''.
    ((c) Periodic Review Transition Provisions.--
            ((1) Initial plan.--For each agency, the plan required by 
        subsection (e) of section 553a of title 5, United States Code 
        (as added by subsection (a)), shall be published not later than 
        180 days after the date of the enactment of this Act.
            ((2) In the case of a rule promulgated by an agency before 
        the date of the enactment of this Act, such plan shall provide 
        for the periodic review of such rule before the expiration of 
        the 10-year period beginning on the date of the enactment of 
        this Act. For any such rule, the head of the agency may provide 
        for a 1-year extension of such period if the head of the 
        agency, before the expiration of the period, certifies in a 
        statement published in the Federal Register that reviewing such 
        rule before the expiration of the period is not feasible. The 
        head of the agency may provide for additional 1-year extensions 
        of the period pursuant to the preceding sentence, but in no 
        event may the period exceed 15 years.
    ((d) Congressional Review.--Section 801(a)(1)(B) of title 5, United 
States Code, is amended--
            ((1) by redesignating clauses (iii) and (iv) as clauses 
        (iv) and (v), respectively; and
            ((2) by inserting after clause (ii) the following new 
        clause:
            (``(iii) the agency's actions relevant to section 553a;''.
    ((e) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 5, United States Code, is amended by adding after 
the item relating to section 553 the following new item:

<star>``553a. Privacy impact assessment in rulemaking.''.

(SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH LAW ENFORCEMENT OR 
              ANTI-TERRORISM FUNCTIONS.

    ((a) In General.--There shall be within each Federal agency with 
law enforcement or anti-terrorism functions a chief privacy officer, 
who shall have primary responsibility within that agency for privacy 
policy. The agency chief privacy officer shall be designated by the 
head of the agency.
    ((b) Responsibilities.--The responsibilities of each agency chief 
privacy officer shall include--
            ((1) ensuring that the use of technologies sustains, and 
        does not erode, privacy protections relating to the use, 
        collection, and disclosure of personally identifiable 
        information;
            ((2) ensuring that personally identifiable information 
        contained in systems of records is handled in full compliance 
        with fair information practices as set out in section 552a of 
        title 5, United States Code;
            ((3) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personally 
        identifiable information by the Federal Government;
            ((4) conducting a privacy impact assessment of proposed 
        rules of the agency on the privacy of personally identifiable 
        information, including the type of personally identifiable 
        information collected and the number of people affected;
            ((5) preparing and submitting a report to Congress on an 
        annual basis on activities of the agency that affect privacy, 
        including complaints of privacy violations, implementation of 
        section 552a of title 5, United States Code, internal controls, 
        and other relevant matters;
            ((6) ensuring that the agency protects personally 
        identifiable information and information systems from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction in order to provide--
                    ((A) integrity, which means guarding against 
                improper information modification or destruction, and 
                includes ensuring information nonrepudiation and 
                authenticity;
                    ((B) confidentially, which means preserving 
                authorized restrictions on access and disclosure, 
                including means for protecting personal privacy and 
                proprietary information;
                    ((C) availability, which means ensuring timely and 
                reliable access to and use of that information; and
                    ((D) authentication, which means utilizing digital 
                credentials to assure the identity of users and 
                validate their access; and
            ((7) advising the head of the agency and the Director of 
        the Office of Management and Budget on information security and 
        privacy issues pertaining to Federal Government information 
        systems.

            (CHAPTER 2--MUTUAL AID AND LITIGATION MANAGEMENT

(SEC. 5101. SHORT TITLE.

    (This chapter may be cited as the ``Mutual Aid and Litigation 
Management Authorization Act of 2004''.

(SEC. 5102. MUTUAL AID AUTHORIZED.

    ((a) Authorization to Enter Into Agreements.--
            ((1) In general.--The authorized representative of a State, 
        locality, or the Federal Government may enter into an 
        interstate mutual aid agreement or a mutual aid agreement with 
        the Federal Government on behalf of the State, locality, or 
        Federal Government under which, at the request of any party to 
        the agreement, the other party to the agreement may--
                    ((A) provide 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 occurring in the jurisdiction of the 
                requesting party;
                    ((B) provide other services to prepare for, 
                mitigate, manage, respond to, or recover from an 
                emergency or public service event occurring in the 
                jurisdiction of the requesting party; and
                    ((C) participate in training events occurring in 
                the jurisdiction of the requesting party.
    ((b) Liability and Actions at Law.--
            ((1) Liability.--A responding party or its officers or 
        employees shall be liable on account of any act or omission 
        occurring while providing assistance or participating in a 
        training event in the jurisdiction of a requesting party under 
        a mutual aid agreement (including any act or omission arising 
        from the maintenance or use of any equipment, facilities, or 
        supplies in connection therewith), but only to the extent 
        permitted under and in accordance with the laws and procedures 
        of the State of the responding party and subject to this 
        chapter.
            ((2) Jurisdiction of courts.--
                    ((A) In general.--Subject to subparagraph (B) and 
                section 3, any action brought against a responding 
                party or its officers or employees on account of an act 
                or omission described in subsection (b)(1) may be 
                brought only under the laws and procedures of the State 
                of the responding party and only in the State courts or 
                United States District Courts located therein.
                    ((B) United states as party.--If the United States 
                is the party against whom an action described in 
                paragraph (1) is brought, the action may be brought 
                only in a United States District Court.
    ((c) Workers' Compensation and Death Benefits.--
            ((1) Payment of benefits.--A responding party shall provide 
        for the payment of workers' compensation and death benefits 
        with respect to officers or employees of the party who sustain 
        injuries or are killed while providing assistance or 
        participating in a training event under a mutual aid agreement 
        in the same manner and on the same terms as if the injury or 
        death were sustained within the jurisdiction of the responding 
        party.
            ((2) Liability for benefits.--No party shall be liable 
        under the law of any State other than its own (or, in the case 
        of the Federal Government, under any law other than Federal 
        law) for the payment of workers' compensation and death 
        benefits with respect to injured officers or employees of the 
        party who sustain injuries or are killed while providing 
        assistance or participating in a training event under a mutual 
        aid agreement.
    ((d) Licenses and Permits.--Whenever 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, such person will be deemed licensed, certified, or permitted by 
the requesting party to provide assistance involving such skill under a 
mutual aid agreement.
    ((e) Scope.--Except to the extent provided in this section, the 
rights and responsibilities of the parties to a mutual aid agreement 
shall be as described in the mutual aid agreement.
    ((f) Effect on Other Agreements.--Nothing in this section precludes 
any party from entering into supplementary mutual aid agreements with 
fewer than all the parties, or with another, or affects any other 
agreements already in force among any parties to such an agreement, 
including the Emergency Management Assistance Compact (EMAC) under 
Public Law 104-321.
    ((g) Federal Government.--Nothing in this section may be construed 
to limit any other expressed or implied authority of any entity of the 
Federal Government to enter into mutual aid agreements.
    ((h) Consistency With State Law.--A party may enter into a mutual 
aid agreement under this chapter only insofar as the agreement is in 
accord with State law.

(SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS.

    ((a) Authorization to Enter Into Litigation Management 
Agreements.--The authorized representative of a State or locality may 
enter into a litigation management agreement on behalf of the State or 
locality. Such litigation management agreements may provide that all 
claims against such Emergency Response Providers arising out of, 
relating to, or resulting from an act of terrorism when Emergency 
Response Providers from more than 1 State have acted in defense 
against, in response to, or recovery from such act shall be governed by 
the following provisions.
    ((b) Federal Cause of Action.--
            ((1) In general.--There shall exist a Federal cause of 
        action for claims against Emergency Response Providers arising 
        out of, relating to, or resulting from an act of terrorism when 
        Emergency Response Providers from more than 1 State have acted 
        in defense against, in response to, or recovery from such act. 
        As determined by the parties to a litigation management 
        agreement, the substantive law for decision in any such action 
        shall be--
                    ((A) derived from the law, including choice of law 
                principles, of the State in which such acts of 
                terrorism occurred, unless such law is inconsistent 
                with or preempted by Federal law; or
                    ((B) derived from the choice of law principles 
                agreed to by the parties to a litigation management 
                agreement as described in the litigation management 
                agreement, unless such principles are inconsistent with 
                or preempted by Federal law.
            ((2) Jurisdiction.--Such appropriate district court of the 
        United States shall have original and exclusive jurisdiction 
        over all actions for any claim against Emergency Response 
        Providers for loss of property, personal injury, or death 
        arising out of, relating to, or resulting from an act of 
        terrorism when Emergency Response Providers from more than 1 
        State have acted in defense against, in response to, or 
        recovery from an act of terrorism.
            ((3) Special rules.--In an action brought for damages that 
        is governed by a litigation management agreement, the following 
        provisions apply:
                    ((A) Punitive damages.--No punitive damages 
                intended to punish or deter, exemplary damages, or 
                other damages not intended to compensate a plaintiff 
                for actual losses may be awarded, nor shall any party 
                be liable for interest prior to the judgment.
                    ((B) Collateral sources.--Any recovery by a 
                plaintiff in an action governed by a litigation 
                management agreement shall be reduced by the amount of 
                collateral source compensation, if any, that the 
                plaintiff has received or is entitled to receive as a 
                result of such acts of terrorism.
            ((4) Exclusions.--Nothing in this section shall in any way 
        limit the ability of any person to seek any form of recovery 
        from any person, government, or other entity that--
                    ((A) attempts to commit, knowingly participates in, 
                aids and abets, or commits any act of terrorism, or any 
                criminal act related to or resulting from such act of 
                terrorism; or
                    ((B) participates in a conspiracy to commit any 
                such act of terrorism or any such criminal act.

(SEC. 5104. ADDITIONAL PROVISIONS.

    ((a) No Abrogation of Other Immunities.--Nothing in this chapter 
shall abrogate any other immunities from liability that any party may 
have under any other State or Federal law.
    ((b) Exception for Certain Federal Law Enforcement Activities.--A 
mutual aid agreement or a litigation management agreement may not apply 
to law enforcement security operations at special events of national 
significance under section 3056(e) of title 18, United States Code, or 
to other law enforcement functions of the United States Secret Service.
    ((c) Secret Service.--Section 3056 of title 18, United States Code, 
is amended by adding at the end the following new subsection:
    (``(g) The Secret Service shall be maintained as a distinct entity 
within the Department of Homeland Security and shall not be merged with 
any other department function. All personnel and operational elements 
of the United States Secret Service shall report to the Director of the 
Secret Service, who shall report directly to the Secretary of Homeland 
Security without being required to report through any other official of 
the Department.''.

(SEC. 5105. DEFINITIONS.

    (For purposes of this chapter, the following definitions apply:
            ((1) Authorized representative.--The term ``authorized 
        representative'' means--
                    ((A) in the case of the Federal Government, any 
                individual designated by the President with respect to 
                the executive branch, the Chief Justice of the United 
                States with respect to the judicial branch, or the 
                President pro Tempore of the Senate and Speaker of the 
                House of Representatives with respect to the Congress, 
                or their designees, to enter into a mutual aid 
                agreement;
                    ((B) in the case of a locality, the official 
                designated by law to declare an emergency in and for 
                the locality, or the official's designee; and
                    ((C) in the case of a State, the Governor or the 
                Governor's designee.
            ((2) Emergency.--The term ``emergency'' means a major 
        disaster or emergency declared by the President, or a State of 
        Emergency declared by an authorized representative of a State 
        or locality, in response to which assistance may be provided 
        under a mutual aid agreement.
            ((3) Emergency response provider.--The term ``Emergency 
        Response Provider'' means State or local emergency public 
        safety, law enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities that are a party to a 
        litigation management agreement.
            ((4) Employee.--The term ``employee'' means, with respect 
        to a party to a mutual aid agreement, the employees of the 
        party, including its agents or authorized volunteers, who are 
        committed to provide assistance under the agreement.
            ((5) Litigation management agreement.--The term 
        ``litigation management agreement'' means an agreement entered 
        into pursuant to the authority granted under section 5103.
            ((6) Locality.--The term ``locality'' means a county, city, 
        or town.
            ((7) Mutual aid agreement.--The term ``mutual aid 
        agreement'' means an agreement entered into pursuant to the 
        authority granted under section 5102.
            ((8) Public service event.--The term ``public service 
        event'' means any undeclared emergency, incident, or situation 
        in preparation for or response to which assistance may be 
        provided under a mutual aid agreement.
            ((9) Requesting party.--The term ``requesting party'' 
        means, with respect to a mutual aid agreement, the party in 
        whose jurisdiction assistance is provided, or a training event 
        is held, under the agreement.
            ((10) Responding party.--The term ``responding party'' 
        means, with respect to a mutual aid agreement, the party 
        providing assistance, or participating in a training event, 
        under the agreement, but does not include the requesting party.
            ((11) State.--The term ``State'' includes each of the 
        several States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern Mariana 
        Islands, and any other territory or possession of the United 
        States, and any political subdivision of any such place.
            ((12) Training event.--The term ``training event'' means an 
        emergency and public service event-related exercise, test, or 
        other activity using equipment and personnel to prepare for or 
        simulate performance of any aspect of the giving or receiving 
        of assistance during emergencies or public service events, but 
        does not include an actual emergency or public service event.

                   (CHAPTER 3--MISCELLANEOUS MATTERS

(SEC. 5131. 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;
                    ((E) encourage the development and implementation 
                of flexible and open architectures, 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 towards 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 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 subsection (c) (relating to 
                        rapid interoperable communications capabilities 
                        for high risk jurisdictions).
            ((3) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to advisory groups established and maintained by the Secretary 
        for purposes of carrying out this subsection.
    ((b) Report.--Not later than 120 days after the date of the 
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) Rapid Interoperable Communications Capabilities for High Risk 
Jurisdictions.--The Secretary, in consultation with other relevant 
Federal, State, and local government agencies, shall provide technical, 
training, and other assistance as appropriate to support the rapid 
establishment of consistent, secure, and effective interoperable 
communications capabilities for emergency response providers in 
jurisdictions determined by the Secretary to be at consistently high 
levels of risk of terrorist attack.
    ((d) 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)
    ((e) 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.''.

(SEC. 5132. SENSE OF CONGRESS REGARDING THE INCIDENT COMMAND SYSTEM.

    ((a) Findings.--The Congress finds that--
            ((1) 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;
            ((2) in March 2004, the Secretary of Homeland Security 
        established NIMS, which provides a unified structural framework 
        for Federal, State, territorial, tribal, and local governments 
        to ensure coordination of command, operations, planning, 
        logistics, finance, and administration during emergencies 
        involving multiple jurisdictions or agencies; and
            ((3) the National Commission on Terrorist Attacks Upon the 
        United States strongly supports the adoption of NIMS by 
        emergency response agencies nationwide, and the decision by the 
        President to condition Federal emergency preparedness 
        assistance upon the adoption of NIMS.
    ((b) Sense of Congress.--It is the sense of the Congress that all 
levels of government should adopt NIMS, and that the regular use of and 
training in NIMS by States, territories, tribes, and local governments 
should be a condition for receiving Federal preparedness assistance.

(SEC. 5133. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND 
              PLANS AND STRATEGIES.

    (It is the sense of Congress that the Secretary of Defense should 
regularly assess the adequacy of United States Northern Command's plans 
and strategies 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.

(SEC. 5134. INFORMATION SHARING.

    ((a) Definitions.--In this section:
            ((1) Advisory board.--The term ``Advisory Board'' means the 
        Advisory Board on Information Sharing established under 
        subsection (i).
            ((2) Executive council.--The term ``Executive Council'' 
        means the Executive Council on Information Sharing established 
        under subsection (h).
            ((3) Homeland security information.--The term ``homeland 
        security 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.
            ((4) Network.--The term ``Network'' means the Information 
        Sharing Network described under subsection (c).
    ((b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks upon the United States, Congress makes 
the following findings:
            ((1) The effective use of information, from all available 
        sources, is essential to the fight against terror and the 
        protection of our homeland. The biggest impediment to all-
        source analysis, and to a greater likelihood of ``connecting 
        the dots'', is resistance to sharing information.
            ((2) The United States Government has access to a vast 
        amount of information, including not only traditional 
        intelligence but also other government databases, such as those 
        containing customs or immigration information. However, the 
        United States Government has a weak system for processing and 
        using the information it has.
            ((3) In the period preceding September 11, 2001, there were 
        instances of potentially helpful information that was available 
        but that no person knew to ask for; information that was 
        distributed only in compartmented channels, and information 
        that was requested but could not be shared.
            ((4) Current security requirements nurture over-
        classification and excessive compartmentalization of 
        information among agencies. Each agency's incentive structure 
        opposes sharing, with risks, including criminal, civil, and 
        administrative sanctions, but few rewards for sharing 
        information.
            ((5) The current system, in which each intelligence agency 
        has its own security practices, requires a demonstrated ``need 
        to know'' before sharing. This approach assumes that it is 
        possible to know, in advance, who will need to use the 
        information. An outgrowth of the cold war, such a system 
        implicitly assumes that the risk of inadvertent disclosure 
        outweighs the benefits of wider sharing. Such assumptions are 
        no longer appropriate. Although counterintelligence concerns 
        are still real, the costs of not sharing information are also 
        substantial. The current ``need-to-know'' culture of 
        information protection needs to be replaced with a ``need-to-
        share'' culture of integration.
            ((6) A new approach to the sharing of intelligence and 
        homeland security information is urgently needed. An important 
        conceptual model for a new ``trusted information network'' is 
        the Systemwide Homeland Analysis and Resource Exchange (SHARE) 
        Network proposed by a task force of leading professionals 
        assembled by the Markle Foundation and described in reports 
        issued in October 2002 and December 2003.
            ((7) No single agency can create a meaningful information 
        sharing system on its own. Alone, each agency can only 
        modernize stovepipes, not replace them. Presidential leadership 
        is required to bring about governmentwide change.
    ((c) Information Sharing Network.--
            ((1) Establishment.--The President shall establish a 
        trusted information network and secure information sharing 
        environment to promote sharing of intelligence and homeland 
        security information in a manner consistent with national 
        security and the protection of privacy and civil liberties, and 
        based on clearly defined and consistently applied policies and 
        procedures, and valid investigative, analytical or operational 
        requirements.
            ((2) Attributes.--The Network shall promote coordination, 
        communication and collaboration of people and information among 
        all relevant Federal departments and agencies, State, tribal, 
        and local authorities, and relevant private sector entities, 
        including owners and operators of critical infrastructure, by 
        using policy guidelines and technologies that support--
                    ((A) a decentralized, distributed, and coordinated 
                environment that connects existing systems where 
                appropriate and allows users to share information among 
                agencies, between levels of government, and, as 
                appropriate, with the private sector;
                    ((B) the sharing of information in a form and 
                manner that facilitates its use in analysis, 
                investigations and operations;
                    ((C) building upon existing systems capabilities 
                currently in use across the Government;
                    ((D) utilizing industry best practices, including 
                minimizing the centralization of data and seeking to 
                use common tools and capabilities whenever possible;
                    ((E) employing an information access management 
                approach that controls access to data rather than to 
                just networks;
                    ((F) facilitating the sharing of information at and 
                across all levels of security by using policy 
                guidelines and technologies that support writing 
                information that can be broadly shared;
                    ((G) providing directory services for locating 
                people and information;
                    ((H) incorporating protections for individuals' 
                privacy and civil liberties;
                    ((I) incorporating strong mechanisms for 
                information security and privacy and civil liberties 
                guideline enforcement in order to enhance 
                accountability and facilitate oversight, including--
                            ((i) multifactor authentication and access 
                        control;
                            ((ii) strong encryption and data 
                        protection;
                            ((iii) immutable audit capabilities;
                            ((iv) automated policy enforcement;
                            ((v) perpetual, automated screening for 
                        abuses of network and intrusions; and
                            ((vi) uniform classification and handling 
                        procedures;
                    ((J) compliance with requirements of applicable law 
                and guidance with regard to the planning, design, 
                acquisition, operation, and management of information 
                systems; and
                    ((K) permitting continuous system upgrades to 
                benefit from advances in technology while preserving 
                the integrity of stored data.
    ((d) Immediate Actions.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Executive Council, shall--
            ((1) submit to the President and to Congress a description 
        of the technological, legal, and policy issues presented by the 
        creation of the Network described in subsection (c), and the 
        way in which these issues will be addressed;
            ((2) establish electronic directory services to assist in 
        locating in the Federal Government intelligence and homeland 
        security information and people with relevant knowledge about 
        intelligence and homeland security information; and
            ((3) conduct a review of relevant current Federal agency 
        capabilities, including--
                    ((A) a baseline inventory of current Federal 
                systems that contain intelligence or homeland security 
                information;
                    ((B) the money currently spent to maintain those 
                systems; and
                    ((C) identification of other information that 
                should be included in the Network.
    ((e) Guidelines and Requirements.--As soon as possible, but in no 
event later than 180 days after the date of the enactment of this Act, 
the President shall--
            ((1) in consultation with the Executive Council, issue 
        guidelines--
                    ((A) for acquiring, accessing, sharing, and using 
                information, including guidelines to ensure that 
                information is provided in its most shareable form, 
                such as by separating out data from the sources and 
                methods by which that data are obtained; and
                    ((B) on classification policy and handling 
                procedures across Federal agencies, including commonly 
                accepted processing and access controls;
            ((2) issue guidelines that--
                    ((A) protect privacy and civil liberties in the 
                development and use of the Network; and
                    ((B) shall be made public, unless, and only to the 
                extent that, 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 overclassification of information and 
                unnecessary requirements for originator approval; and
                    ((B) providing affirmative incentives for 
                information sharing, such as the incorporation of 
                information sharing performance measures into agency 
                and managerial evaluations, and employee awards for 
                promoting innovative information sharing practices.
    ((f) Enterprise Architecture and Implementation Plan.--Not later 
than 270 days after the date of the enactment of this Act, the Director 
of Management and Budget shall submit to the President and to Congress 
an enterprise architecture and implementation plan for the Network. The 
enterprise architecture and implementation plan shall be prepared by 
the Director of Management and Budget, in consultation with the 
Executive Council, and shall include--
            ((1) a description of the parameters of the proposed 
        Network, including functions, capabilities, and resources;
            ((2) a delineation of the roles of the Federal departments 
        and agencies that will participate in the development of the 
        Network, including identification of any agency that will build 
        the infrastructure needed to operate and manage the Network (as 
        distinct from the individual agency components that are to be 
        part of the Network), with the delineation of roles to be 
        consistent with--
                    ((A) the authority of the National Intelligence 
                Director under this Act to set standards for 
                information sharing and information technology 
                throughout the intelligence community; and
                    ((B) the authority of the Secretary of Homeland 
                Security and the role of the Department of Homeland 
                Security in coordinating with State, tribal, and local 
                officials and the private sector;
            ((3) a description of the technological requirements to 
        appropriately link and enhance existing networks and a 
        description of the system design that will meet these 
        requirements;
            ((4) an enterprise architecture that--
                    ((A) is consistent with applicable laws and 
                guidance with regard to planning, design, acquisition, 
                operation, and management of information systems;
                    ((B) will be used to guide and define the 
                development and implementation of the Network; and
                    ((C) addresses the existing and planned enterprise 
                architectures of the departments and agencies 
                participating in the Network;
            ((5) a description of how privacy and civil liberties will 
        be protected throughout the design and implementation of the 
        Network;
            ((6) objective, systemwide performance measures to enable 
        the assessment of progress toward achieving full implementation 
        of the Network;
            ((7) a plan, including a time line, for the development and 
        phased implementation of the Network;
            ((8) total budget requirements to develop and implement the 
        Network, including the estimated annual cost for each of the 5 
        years following the date of the enactment of this Act; and
            ((9) proposals for any legislation that the Director of 
        Management and Budget determines necessary to implement the 
        Network.
    ((g) Director of Management and Budget Responsible for Information 
Sharing Across the Federal Government.--
            ((1) Additional duties and responsibilities.--
                    ((A) In general.--The Director of Management and 
                Budget, in consultation with the Executive Council, 
                shall--
                            ((i) implement and manage the Network;
                            ((ii) develop and implement policies, 
                        procedures, guidelines, rules, and standards as 
                        appropriate to foster the development and 
                        proper operation of the Network; and
                            ((iii) assist, monitor, and assess the 
                        implementation of the Network by Federal 
                        departments and agencies to ensure adequate 
                        progress, technological consistency and policy 
                        compliance; and regularly report the findings 
                        to the President and 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 Network;
                            ((ii) address development, implementation, 
                        and oversight of technical standards and 
                        requirements;
                            ((iii) 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;
                            ((iv) address and facilitate information 
                        sharing between Federal departments and 
                        agencies and State, tribal and local 
                        governments;
                            ((v) address and facilitate, as 
                        appropriate, information sharing between 
                        Federal departments and agencies and the 
                        private sector;
                            ((vi) address and facilitate, as 
                        appropriate, information sharing between 
                        Federal departments and agencies with foreign 
                        partners and allies; and
                            ((vii) ensure the protection of privacy and 
                        civil liberties.
            ((2) Appointment of principal officer.--Not later than 30 
        days after the date of the enactment of this Act, the Director 
        of Management and Budget shall appoint, with approval of the 
        President, a principal officer in the Office of Management and 
        Budget whose primary responsibility shall be to carry out the 
        day-to-day duties of the Director specified in this section. 
        The officer shall report directly to the Director of Management 
        and Budget, have the rank of a Deputy Director and shall be 
        paid at the rate of pay payable for a position at level III of 
        the Executive Schedule under section 5314 of title 5, United 
        States Code.
    ((h) Executive Council on Information Sharing.--
            ((1) Establishment.--There is established an Executive 
        Council on Information Sharing that shall assist the Director 
        of Management and Budget in the execution of the Director's 
        duties under this Act concerning information sharing.
            ((2) Membership.--The members of the Executive Council 
        shall be--
                    ((A) the Director of Management and Budget, who 
                shall serve as Chairman of the Executive Council;
                    ((B) the Secretary of Homeland Security or his 
                designee;
                    ((C) the Secretary of Defense or his designee;
                    ((D) the Attorney General or his designee;
                    ((E) the Secretary of State or his designee;
                    ((F) the Director of the Federal Bureau of 
                Investigation or his designee;
                    ((G) the National Intelligence Director or his 
                designee;
                    ((H) such other Federal officials as the President 
                shall designate;
                    ((I) representatives of State, tribal, and local 
                governments, to be appointed by the President; and
                    ((J) individuals who are employed in private 
                businesses or nonprofit organizations that own or 
                operate critical infrastructure, to be appointed by the 
                President.
            ((3) Responsibilities.--The Executive Council shall assist 
        the Director of Management and Budget in--
                    ((A) implementing and managing the Network;
                    ((B) developing policies, procedures, guidelines, 
                rules, and standards necessary to establish and 
                implement the Network;
                    ((C) ensuring there is coordination among 
                departments and agencies participating in the Network 
                in the development and implementation of the Network;
                    ((D) reviewing, on an ongoing basis, policies, 
                procedures, guidelines, rules, and standards related to 
                the implementation of the Network;
                    ((E) establishing a dispute resolution process to 
                resolve disagreements among departments and agencies 
                about whether particular information should be shared 
                and in what manner; and
                    ((F) considering such reports as are submitted by 
                the Advisory Board on Information Sharing under 
                subsection (i)(2).
            ((4) Inapplicability of federal advisory committee act.--
        The Council shall not be subject to the requirements of the 
        Federal Advisory Committee Act (5 U.S.C. App.).
            ((5) Reports.--Not later than 1 year after the date of the 
        enactment of this Act, and annually thereafter, the Director of 
        Management and Budget, in the capacity of Chair of the 
        Executive Council, shall submit a report to the President and 
        to Congress that shall include--
                    ((A) a description of the activities and 
                accomplishments of the Council in the preceding year; 
                and
                    ((B) the number and dates of the meetings held by 
                the Council and a list of attendees at each meeting.
            ((6) Informing the public.--The Executive Council shall--
                    ((A) make its reports to Congress available to the 
                public to the greatest extent that is consistent with 
                the protection of classified information and applicable 
                law; and
                    ((B) otherwise inform the public of its activities, 
                as appropriate and in a manner consistent with the 
                protection of classified information and applicable 
                law.
    ((i) Advisory Board on Information Sharing.--
            ((1) Establishment.--There is established an Advisory Board 
        on Information Sharing to advise the President and the 
        Executive Council on policy, technical, and management issues 
        related to the design and operation of the Network.
            ((2) Responsibilities.--The Advisory Board shall advise the 
        Executive Council on policy, technical, and management issues 
        related to the design and operation of the Network. At the 
        request of the Executive Council, or the Director of Management 
        and Budget in the capacity as Chair of the Executive Council, 
        or on its own initiative, the Advisory Board shall submit 
        reports to the Executive Council concerning the findings and 
        recommendations of the Advisory Board regarding the design and 
        operation of the Network.
            ((3) Membership and qualifications.--The Advisory Board 
        shall be composed of no more than 15 members, to be appointed 
        by the President from outside the Federal Government. The 
        members of the Advisory Board shall have significant experience 
        or expertise in policy, technical and operational matters, 
        including issues of security, privacy, or civil liberties, and 
        shall be selected solely on the basis of their professional 
        qualifications, achievements, public stature and relevant 
        experience.
            ((4) Chair.--The President shall designate one of the 
        members of the Advisory Board to act as chair of the Advisory 
        Board.
            ((5) Administrative support.--The Office of Management and 
        Budget shall provide administrative support for the Advisory 
        Board.
    ((j) Reports.--
            ((1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and semiannually thereafter, the 
        President through the Director of Management and Budget shall 
        submit a report to Congress on the state of the Network 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 
                Network has been implemented, including how the Network 
                has fared on the government-wide and agency-specific 
                performance measures and whether the performance goals 
                set in the preceding year have been met;
                    ((B) objective systemwide performance goals for the 
                following year;
                    ((C) an accounting of how much was spent on the 
                Network in the preceding year;
                    ((D) actions taken to ensure that agencies procure 
                new technology that is consistent with the Network and 
                information on whether new systems and technology are 
                consistent with the Network;
                    ((E) the extent to which, in appropriate 
                circumstances, all terrorism watch lists are available 
                for combined searching in real time through the Network 
                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 unnecessary roadblocks, 
                impediments, or disincentives to information sharing, 
                including the inappropriate use of paper-only 
                intelligence products and requirements for originator 
                approval, have been eliminated;
                    ((G) the extent to which positive incentives for 
                information sharing have been implemented;
                    ((H) the extent to which classified information is 
                also made available through the Network, in whole or in 
                part, in unclassified form;
                    ((I) the extent to which State, tribal, and local 
                officials--
                            ((i) are participating in the Network;
                            ((ii) have systems which have become 
                        integrated into the Network;
                            ((iii) are providing as well as receiving 
                        information; and
                            ((iv) are using the Network to communicate 
                        with each other;
                    ((J) the extent to which--
                            ((i) private sector data, including 
                        information from owners and operators of 
                        critical infrastructure, is incorporated in the 
                        Network; and
                            ((ii) the private sector is both providing 
                        and receiving information;
                    ((K) where private sector data has been used by the 
                Government or has been incorporated into the Network--
                            ((i) the measures taken to protect 
                        sensitive business information; and
                            ((ii) where the data involves information 
                        about individuals, the measures taken to ensure 
                        the accuracy of such data;
                    ((L) the measures taken by the Federal Government 
                to ensure the accuracy of other information on the 
                Network and, in particular, the accuracy of information 
                about individuals;
                    ((M) an assessment of the Network's privacy and 
                civil liberties protections, including actions taken in 
                the preceding year to implement or enforce privacy and 
                civil liberties protections and a report of complaints 
                received about interference with an individual's 
                privacy or civil liberties; and
                    ((N) an assessment of the security protections of 
                the Network.
    ((k) Agency Responsibilities.--The head of each department or 
agency possessing or using intelligence or homeland security 
information or otherwise participating in the Network shall--
            ((1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, rules, 
        and standards established for the Network under subsections (c) 
        and (g);
            ((2) ensure the provision of adequate resources for systems 
        and activities supporting operation of and participation in the 
        Network; and
            ((3) ensure full agency or department cooperation in the 
        development of the Network and associated enterprise 
        architecture to implement governmentwide information sharing, 
        and in the management and acquisition of information technology 
        consistent with applicable law.
    ((l) Agency Plans and Reports.--Each Federal department or agency 
that possesses or uses intelligence and homeland security information, 
operates a system in the Network or otherwise participates, or expects 
to participate, in the Network, shall submit to the Director of 
Management and Budget--
            ((1) not later than 1 year after the date of the enactment 
        of this Act, a report including--
                    ((A) a strategic plan for implementation of the 
                Network's requirements within the department or agency;
                    ((B) objective performance measures to assess the 
                progress and adequacy of the department or agency's 
                information sharing efforts; and
                    ((C) budgetary requirements to integrate the agency 
                into the Network, including projected annual 
                expenditures for each of the following 5 years 
                following the submission of the report; and
            ((2) annually thereafter, reports including--
                    ((A) an assessment of the progress of the 
                department or agency in complying with the Network's 
                requirements, including how well the agency has 
                performed on the objective measures developed under 
                paragraph (1)(B);
                    ((B) the agency's expenditures to implement and 
                comply with the Network's requirements in the preceding 
                year; and
                    ((C) the agency's or department's plans for further 
                implementation of the Network in the year following the 
                submission of the report.
    ((m) Periodic Assessments.--
            ((1) Comptroller general.--
                    ((A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, and periodically 
                thereafter, the Comptroller General shall evaluate the 
                implementation of the Network, both generally and, at 
                the discretion of the Comptroller General, within 
                specific departments and agencies, to determine the 
                extent of compliance with the Network's requirements 
                and to assess the effectiveness of the Network in 
                improving information sharing and collaboration and in 
                protecting privacy and civil liberties, and shall 
                report to Congress on the findings of the Comptroller 
                General.
                    ((B) Information available to the comptroller 
                general.--Upon request by the Comptroller General, 
                information relevant to an evaluation under subsection 
                (a) shall be made available to the Comptroller General 
                under section 716 of title 31, United States Code.
                    ((C) Consultation with congressional committees.--
                If a record is not made available to the Comptroller 
                General within a reasonable time, before the 
                Comptroller General files a report under section 
                716(b)(1) of title 31, United States Code, the 
                Comptroller General shall consult with the Select 
                Committee on Intelligence of the Senate, the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, the Committee on Governmental Affairs 
                of the Senate, and the Committee on Government Reform 
                of the House of Representatives concerning the 
                Comptroller's intent to file a report.
            ((2) Inspectors general.--The Inspector General in any 
        Federal department or agency that possesses or uses 
        intelligence or homeland security information or that otherwise 
        participates in the Network shall, at the discretion of the 
        Inspector General--
                    ((A) conduct audits or investigations to--
                            ((i) determine the compliance of that 
                        department or agency with the Network's 
                        requirements; and
                            ((ii) assess the effectiveness of that 
                        department or agency in improving information 
                        sharing and collaboration and in protecting 
                        privacy and civil liberties; and
                    ((B) issue reports on such audits and 
                investigations.
    ((n) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ((1) $50,000,000 to the Director of Management and Budget 
        to carry out this section for fiscal year 2005; and
            ((2) such sums as are necessary to carry out this section 
        in each fiscal year thereafter, to be disbursed and allocated 
        in accordance with the Network implementation plan required by 
        subsection (f).)

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``9/11 Recommendations 
Implementation Act''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

         <DELETED>TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

<DELETED>Sec. 1001. Short title.
  <DELETED>Subtitle A--Establishment of National Intelligence Director

<DELETED>Sec. 1011. Reorganization and improvement of management of 
                            intelligence community.
<DELETED>Sec. 1012. Revised definition of national intelligence.
<DELETED>Sec. 1013. Joint procedures for operational coordination 
                            between Department of Defense and Central 
                            Intelligence Agency.
<DELETED>Sec. 1014. Role of National Intelligence Director in 
                            appointment of certain officials 
                            responsible for intelligence-related 
                            activities.
<DELETED>Sec. 1015. Initial appointment of the National Intelligence 
                            Director.
<DELETED>Sec. 1016. Executive schedule matters.
    <DELETED>Subtitle B--National counterterrorism Center and Civil 
                         Liberties Protections

<DELETED>Sec. 1021. National counterterrorism Center.
<DELETED>Sec. 1022. Civil Liberties Protection Officer.
       <DELETED>Subtitle C--Joint Intelligence Community Council

<DELETED>Sec. 1031. Joint Intelligence Community Council.
    <DELETED>Subtitle D--Improvement of Human Intelligence (HUMINT)

<DELETED>Sec. 1041. Human intelligence as an increasingly critical 
                            component of the intelligence community.
<DELETED>Sec. 1042. Improvement of human intelligence capacity.
  <DELETED>Subtitle E--Improvement of Education for the Intelligence 
                               Community

<DELETED>Sec. 1051. Modification of obligated service requirements 
                            under National Security Education Program.
<DELETED>Sec. 1052. Improvements to the National Flagship Language 
                            Initiative.
<DELETED>Sec. 1053. Establishment of scholarship program for English 
                            language studies for heritage community 
                            citizens of the United States within the 
                            National Security Education Program.
<DELETED>Sec. 1054. Sense of Congress with respect to language and 
                            education for the intelligence community; 
                            reports.
<DELETED>Sec. 1055. Advancement of foreign languages critical to the 
                            intelligence community.
<DELETED>Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
<DELETED>Sec. 1057. Codification of establishment of the National 
                            Virtual Translation Center.
<DELETED>Sec. 1058. Report on recruitment and retention of qualified 
                            instructors of the Defense Language 
                            Institute.
<DELETED>Subtitle F--Additional Improvements of Intelligence Activities

<DELETED>Sec. 1061. Permanent extension of Central Intelligence Agency 
                            Voluntary Separation Incentive Program.
<DELETED>Sec. 1062. National Security Agency Emerging Technologies 
                            Panel.
</DELETED>Sec. 1063. Service and national laboratories and the 
                            intelligence community.
Sec. 1064. Improvement in translation and delivery of suspected 
                            terrorist communications.
          <DELETED>Subtitle G--Conforming and Other Amendments

<DELETED>Sec. 1071. Conforming amendments relating to roles of National 
                            Intelligence Director and Director of the 
                            Central Intelligence Agency.
<DELETED>Sec. 1072. Other conforming amendments.
<DELETED>Sec. 1073. Elements of intelligence community under National 
                            Security Act of 1947.
<DELETED>Sec. 1074. Redesignation of National Foreign Intelligence 
                            Program as National Intelligence Program. 
<DELETED>Sec. 1075. Repeal of superseded authorities.
<DELETED>Sec. 1076. Clerical amendments to National Security Act of 
                            1947.
<DELETED>Sec. 1077. Conforming amendments relating to prohibiting dual 
                            service of the Director of the Central 
                            Intelligence Agency.
<DELETED>Sec. 1078. Access to Inspector General protections.
<DELETED>Sec. 1079. General references.
<DELETED>Sec. 1080. Application of other laws.
   <DELETED>Subtitle H--Transfer, Termination, Transition and Other 
                               Provisions

<DELETED>Sec. 1091. Transfer of community management staff.
<DELETED>Sec. 1092. Transfer of terrorist threat integration center.
<DELETED>Sec. 1093. Termination of positions of Assistant Directors of 
                            Central Intelligence.
<DELETED>Sec. 1094. Implementation plan.
<DELETED>Sec. 1095. Transitional authorities.
<DELETED>Sec. 1096. Effective dates.
          <DELETED>Subtitle I--Grand Jury Information Sharing

<DELETED>Sec. 1101. Grand jury information sharing.
                   <DELETED>Subtitle J--Other Matters

<DELETED>Sec. 1111. Interoperable law enforcement and intelligence data 
                            system.
<DELETED>Sec. 1112. Improvement of intelligence capabilities of the 
                            Federal Bureau of Investigation.

                  </DELETED>Subtitle I--Other Matters

Sec. 1101. Study of promotion and professional military education 
                            school selection rates for military 
                            intelligence officers.
        <DELETED>TITLE II--TERRORISM PREVENTION AND PROSECUTION

 <DELETED>Subtitle A--Individual Terrorists as Agents of Foreign Powers

<DELETED>Sec. 2001. Individual terrorists as agents of foreign powers.
  <DELETED>Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004

<DELETED>Sec. 2021. Short title.
<DELETED>Sec. 2022. Hoaxes and recovery costs.
<DELETED>Sec. 2023. Obstruction of justice and false statements in 
                            terrorism cases.
<DELETED>Sec. 2024. Clarification of definition.
    <DELETED>Subtitle C--Material Support to Terrorism Prohibition 
                        Enhancement Act of 2004

<DELETED>Sec. 2041. Short title.
<DELETED>Sec. 2042. Receiving military-type training from a foreign 
                            terrorist organization.
<DELETED>Sec. 2043. Providing material support to terrorism.
<DELETED>Sec. 2044. Financing of terrorism.
     <DELETED>Subtitle D--Weapons of Mass Destruction Prohibition 
                        Improvement Act of 2004

<DELETED>Sec. 2051. Short title.
<DELETED>Sec. 2052. Weapons of mass destruction.
<DELETED>Sec. 2053. Participation in nuclear and weapons of mass 
                            destruction threats to the United States.
     <DELETED>Subtitle E--Money Laundering and Terrorist Financing

   <DELETED>Chapter 1--Funding to Combat Financial Crimes Including 
                          Terrorist Financing

<DELETED>Sec. 2101. Additional authorization for FinCEN.
<DELETED>Sec. 2102. Money laundering and financial crimes strategy 
                            reauthorization.
   <DELETED>Chapter 2--Enforcement Tools to Combat Financial Crimes 
 subchapter a--money laundering abatement and financial antiterrorism 
                         technical corrections
<DELETED>Sec. 2111. Short title.
<DELETED>Sec. 2112. Technical corrections to Public Law 107-56.
<DELETED>Sec. 2113. Technical corrections to other provisions of law.
<DELETED>Sec. 2114. Repeal of review.
<DELETED>Sec. 2subchapter b--additional enforcement tools
<DELETED>Sec. 2121. Bureau of Engraving and Printing security printing.
<DELETED>Sec. 2122. Conduct in aid of counterfeiting.
        <DELETED>Subtitle F--Criminal History Background Checks

<DELETED>Sec. 2141. Short title.
<DELETED>Sec. 2142. Criminal history information checks.
 <DELETED>Subtitle G--Protection of United States Aviation System from 
                           Terrorist Attacks

<DELETED>Sec. 2171. Provision for the use of biometric or other 
                            technology.
<DELETED>Sec. 2172. Transportation security strategic planning.
<DELETED>Sec. 2173. Next generation airline passenger prescreening.
<DELETED>Sec. 2174. Deployment and use of explosive detection equipment 
                            at airport screening checkpoints.
<DELETED>Sec. 2175. Pilot program to evaluate use of blast-resistant 
                            cargo and baggage containers.
<DELETED>Sec. 2176. Air cargo screening technology.
<DELETED>Sec. 2177. Airport checkpoint screening explosive detection.
<DELETED>Sec. 2178. Next generation security checkpoint.
<DELETED>Sec. 2179. Penalty for failure to secure cockpit door.
<DELETED>Sec. 2180. Federal air marshal anonymity.
<DELETED>Sec. 2181. Federal law enforcement in-flight counterterrorism 
                            training.
<DELETED>Sec. 2182. Federal flight deck officer weapon carriage pilot 
                            program.
<DELETED>Sec. 2183. Registered traveler program.
<DELETED>Sec. 2184. Wireless communication.
<DELETED>Sec. 2185. Secondary flight deck barriers.
<DELETED>Sec. 2186. Extension.
<DELETED>Sec. 2187. Perimeter Security.
<DELETED>Sec. 2188. Definitions.
                   <DELETED>Subtitle H--Other Matters

<DELETED>Sec. 2191. Grand jury information sharing.
<DELETED>Sec. 2192. Interoperable law enforcement and intelligence data 
                            system.
<DELETED>Sec. 2193. Improvement of intelligence capabilities of the 
                            Federal Bureau of Investigation.
        <DELETED>TITLE III--BORDER SECURITY AND TERRORIST TRAVEL

    <DELETED>Subtitle A--Immigration Reform in the National Interest

                 <DELETED>Chapter 1--General Provisions

<DELETED>Sec. 3001. Eliminating the ``Western Hemisphere'' exception 
                            for citizens.
<DELETED>Sec. 3002. Modification of waiver authority with respect to 
                            documentation requirements for nationals of 
                            foreign contiguous territories and adjacent 
                            islands.
<DELETED>Sec. 3003. Increase in full-time border patrol agents.
<DELETED>Sec. 3004. Increase in full-time immigration and customs 
                            enforcement investigators.
<DELETED>Sec. 3005. Alien identification standards.
<DELETED>Sec. 3006. Expedited removal.
<DELETED>Sec. 3007. Preventing terrorists from obtaining asylum.
<DELETED>Sec. 3008. Revocation of visas and other travel documentation.
<DELETED>Sec. 3009. Judicial review of orders of removal.
    <DELETED>Chapter 2--Deportation of Terrorists and Supporters of 
                               Terrorism

<DELETED>Sec. 3031. Expanded inapplicability of restriction on removal.
<DELETED>Sec. 3032. Exception to restriction on removal for terrorists 
                            and criminals.
<DELETED>Sec. 3033. Additional removal authorities.
           <DELETED>Subtitle B--Identity Management Security

    <DELETED>Chapter 1--Improved Security for Drivers' Licenses and 
                     Personal Identification Cards

<DELETED>Sec. 3051. Definitions.
<DELETED>Sec. 3052. Minimum document requirements and issuance 
                            standards for Federal recognition.
<DELETED>Sec. 3053. Linking of databases.
<DELETED>Sec. 3054. Trafficking in authentication features for use in 
                            false identification documents.
<DELETED>Sec. 3055. Grants to States.
<DELETED>Sec. 3056. Authority.
      <DELETED>Chapter 2--Improved Security for Birth Certificates

<DELETED>Sec. 3061. Definitions.
<DELETED>Sec. 3062. Applicability of minimum standards to local 
                            governments.
<DELETED>Sec. 3063. Minimum standards for Federal recognition.
<DELETED>Sec. 3064. Establishment of electronic birth and death 
                            registration systems.
<DELETED>Sec. 3065. Electronic verification of vital events.
<DELETED>Sec. 3066. Grants to States.
<DELETED>Sec. 3067. Authority.
<DELETED>Chapter 3--Measures To Enhance Privacy and Integrity of Social 
                        Security Account Numbers

<DELETED>Sec. 3071. Prohibition of the display of social security 
                            account numbers on driver's licenses or 
                            motor vehicle registrations.
<DELETED>Sec. 3072. Independent verification of birth records provided 
                            in support of applications for social 
                            security account numbers.
<DELETED>Sec. 3073. Enumeration at birth.
<DELETED>Sec. 3074. Study relating to use of photographic 
                            identification in connection with 
                            applications for benefits, social security 
                            account numbers, and social security cards.
<DELETED>Sec. 3075. Restrictions on issuance of multiple replacement 
                            social security cards.
<DELETED>Sec. 3076. Study relating to modification of the social 
                            security account numbering system to show 
                            work authorization status.
            <DELETED>Subtitle C--Targeting Terrorist Travel

<DELETED>Sec. 3081. Studies on machine-readable passports and travel 
                            history database.
<DELETED>Sec. 3082. Expanded preinspection at foreign airports.
<DELETED>Sec. 3083. Immigration security initiative.
<DELETED>Sec. 3084. Responsibilities and functions of consular 
                            officers.
<DELETED>Sec. 3085. Increase in penalties for fraud and related 
                            activity.
<DELETED>Sec. 3086. Criminal penalty for false claim to citizenship.
<DELETED>Sec. 3087. Antiterrorism assistance training of the Department 
                            of State.
<DELETED>Sec. 3088. International agreements to track and curtail 
                            terrorist travel through the use of 
                            fraudulently obtained documents.
<DELETED>Sec. 3089. International standards for translation of names 
                            into the Roman alphabet for international 
                            travel documents and name-based watchlist 
                            systems.
<DELETED>Sec. 3090. Biometric entry and exit data system.
<DELETED>Sec. 3091. Enhanced responsibilities of the Coordinator for 
                            counterterrorism.
<DELETED>Sec. 3092. Establishment of Office of Visa and Passport 
                            Security in the Department of State.
                 <DELETED>Subtitle D--Terrorist Travel

<DELETED>Sec. 3101. Information sharing and coordination.
<DELETED>Sec. 3102. Terrorist travel program.
<DELETED>Sec. 3103. Training program.
<DELETED>Sec. 3104. Technology acquisition and dissemination plan.
          <DELETED>Subtitle E--Maritime Security Requirements

<DELETED>Sec. 3111. Deadlines for implementation of maritime security 
                            requirements.
     <DELETED>TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION

     <DELETED>Subtitle A--Attack Terrorists and Their Organizations

    <DELETED>Chapter 1--Provisions Relating to Terrorist Sanctuaries

<DELETED>Sec. 4001. United States policy on terrorist sanctuaries.
<DELETED>Sec. 4002. Reports on terrorist sanctuaries.
<DELETED>Sec. 4003. Amendments to existing law to include terrorist 
                            sanctuaries.
                  <DELETED>Chapter 2--Other Provisions

<DELETED>Sec. 4011. Appointments to fill vacancies in Arms Control and 
                            Nonproliferation Advisory Board.
<DELETED>Sec. 4012. Review of United States policy on proliferation of 
                            weapons of mass destruction and control of 
                            strategic weapons.
<DELETED>Sec. 4013. International agreements to interdict acts of 
                            international terrorism.
<DELETED>Sec. 4014. Effective Coalition approach toward detention and 
                            humane treatment of captured terrorists.
<DELETED>Sec. 4015. Sense of Congress and report regarding counter-drug 
                            efforts in Afghanistan.
     <DELETED>Subtitle B--Prevent the Continued Growth of Terrorism

           <DELETED>Chapter 1--United States Public Diplomacy

<DELETED>Sec. 4021. Annual review and assessment of public diplomacy 
                            strategy.
<DELETED>Sec. 4022. Public diplomacy training.
<DELETED>Sec. 4023. Promoting direct exchanges with Muslim countries.
<DELETED>Sec. 4024. Public diplomacy required for promotion in Foreign 
                            Service.
        <DELETED>Chapter 2--United States Multilateral Diplomacy

<DELETED>Sec. 4031. Purpose.
<DELETED>Sec. 4032. Support and expansion of democracy caucus.
<DELETED>Sec. 4033. Leadership and membership of international 
                            organizations.
<DELETED>Sec. 4034. Increased training in multilateral diplomacy.
<DELETED>Sec. 4035. Implementation and establishment of Office on 
                            Multilateral Negotiations.
                  <DELETED>Chapter 3--Other Provisions

<DELETED>Sec. 4041. Pilot program to provide grants to American-
                            sponsored schools in predominantly Muslim 
                            countries to provide scholarships.
<DELETED>Sec. 4042. Enhancing free and independent media.
<DELETED>Sec. 4043. Combating biased or false foreign media coverage of 
                            the United States.
<DELETED>Sec. 4044. Report on broadcast outreach strategy.
<DELETED>Sec. 4045. Office relocation.
<DELETED>Sec. 4046. Strengthening the Community of Democracies for 
                            Muslim countries.
    <DELETED>Subtitle C--Reform of Designation of Foreign Terrorist 
                             Organizations

<DELETED>Sec. 4051. Designation of foreign terrorist organizations.
<DELETED>Sec. 4052. Inclusion in annual Department of State country 
                            reports on terrorism of information on 
                            terrorist groups that seek weapons of mass 
                            destruction and groups that have been 
                            designated as foreign terrorist 
                            organizations.
<DELETED>Subtitle D--Afghanistan Freedom Support Act Amendments of 2004

<DELETED>Sec. 4061. Short title.
<DELETED>Sec. 4062. Coordination of assistance for Afghanistan.
<DELETED>Sec. 4063. General provisions relating to the Afghanistan 
                            Freedom Support Act of 2002.
<DELETED>Sec. 4064. Rule of law and related issues.
<DELETED>Sec. 4065. Monitoring of assistance.
<DELETED>Sec. 4066. United States policy to support disarmament of 
                            private militias and to support expansion 
                            of international peacekeeping and security 
                            operations in Afghanistan.
<DELETED>Sec. 4067. Efforts to expand international peacekeeping and 
                            security operations in Afghanistan.
<DELETED>Sec. 4068. Provisions relating to counternarcotics efforts in 
                            Afghanistan.
<DELETED>Sec. 4069. Additional amendments to the Afghanistan Freedom 
                            Support Act of 2002.
<DELETED>Sec. 4070. Repeal.
 <DELETED>Subtitle E--Provisions Relating to Saudi Arabia and Pakistan

<DELETED>Sec. 4081. New United States strategy for relationship with 
                            Saudi Arabia.
<DELETED>Sec. 4082. United States commitment to the future of Pakistan.
<DELETED>Sec. 4083. Extension of Pakistan waivers.
               <DELETED>Subtitle F--Oversight Provisions

<DELETED>Sec. 4091. Case-Zablocki Act requirements.
 <DELETED>Subtitle G--Additional Protections of United States Aviation 
                     System from Terrorist Attacks

<DELETED>Sec. 4101. International agreements to allow maximum 
                            deployment of Federal flight deck officers.
<DELETED>Sec. 4102. Federal air marshal training.
<DELETED>Sec. 4103. Man-portable air defense systems (MANPADS).
<DELETED>Subtitle H--Improving International Standards and Cooperation 
                      to Fight Terrorist Financing

<DELETED>Sec. 4111. Sense of the Congress regarding success in 
                            multilateral organizations.
<DELETED>Sec. 4112. Expanded reporting requirement for the Secretary of 
                            the Treasury.
<DELETED>Sec. 4113. International Terrorist Finance Coordinating 
                            Council.
<DELETED>Sec. 4114. Definitions.
               <DELETED>TITLE V--GOVERNMENT RESTRUCTURING

  <DELETED>Subtitle A--Faster and Smarter Funding for First Responders

<DELETED>Sec. 5001. Short title.
<DELETED>Sec. 5002. Findings.
<DELETED>Sec. 5003. Faster and smarter funding for first responders.
<DELETED>Sec. 5004. Modification of homeland security advisory system.
<DELETED>Sec. 5005. Coordination of industry efforts.
<DELETED>Sec. 5006. Superseded provision.
<DELETED>Sec. 5007. Sense of Congress regarding interoperable 
                            communications.
<DELETED>Sec. 5008. Sense of Congress regarding citizen corps councils.
<DELETED>Sec. 5009. Study regarding nationwide emergency notification 
                            system.
<DELETED>Sec. 5010. Required coordination.
        <DELETED>Subtitle B--Government Reorganization Authority

<DELETED>Sec. 5021. Authorization of intelligence community 
                            reorganization plans.
   <DELETED>Subtitle C--Restructuring Relating to the Department of 
             Homeland Security and Congressional Oversight

<DELETED>Sec. 5025. Responsibilities of counternarcotics Office.
<DELETED>Sec. 5026. Use of counternarcotics enforcement activities in 
                            certain employee performance appraisals.
<DELETED>Sec. 5027. Sense of the House of Representatives on addressing 
                            homeland security for the American people.
       <DELETED>Subtitle D--Improvements to Information Security

<DELETED>Sec. 5031. Amendments to Clinger-Cohen provisions to enhance 
                            agency planning for information security 
                            needs.
         <DELETED>Subtitle E--Personnel Management Improvements

            <DELETED>Chapter 1--Appointments Process Reform

<DELETED>Sec. 5041. Appointments to national security positions.
<DELETED>Sec. 5042. Presidential inaugural transitions.
<DELETED>Sec. 5043. Public financial disclosure for the intelligence 
                            community.
<DELETED>Sec. 5044. Reduction of positions requiring appointment with 
                            Senate confirmation.
<DELETED>Sec. 5045. Effective dates.
   <DELETED>Chapter 2--Federal Bureau of Investigation Revitalization

<DELETED>Sec. 5051. Mandatory separation age.
<DELETED>Sec. 5052. Retention and relocation bonuses.
<DELETED>Sec. 5053. Federal Bureau of Investigation Reserve Service.
<DELETED>Sec. 5054. Critical positions in the Federal Bureau of 
                            Investigation intelligence directorate.
                <DELETED>Chapter 3--Management Authority

<DELETED>Sec. 5061. Management authority.
         <DELETED>Subtitle F--Security Clearance Modernization

<DELETED>Sec. 5071. Definitions.
<DELETED>Sec. 5072. Security clearance and investigative programs 
                            oversight and administration.
<DELETED>Sec. 5073. Reciprocity of security clearance and access 
                            determinations.
<DELETED>Sec. 5074. Establishment of national database.
<DELETED>Sec. 5075. Use of available technology in clearance 
                            investigations.
<DELETED>Sec. 5076. Reduction in length of personnel security clearance 
                            process.
<DELETED>Sec. 5077. Security clearances for presidential transition.
<DELETED>Sec. 5078. Reports.
         <DELETED>Subtitle G--Emergency Financial Preparedness

<DELETED>Sec. 5081. Delegation authority of the Secretary of the 
                            Treasury.
<DELETED>Sec. 5082. Extension of emergency order authority of the 
                            securities and exchange commission.
<DELETED>Sec. 5083. Parallel authority of the Secretary of the Treasury 
                            with respect to government securities.
                   <DELETED>Subtitle H--Other Matters

                  <DELETED>Chapter 1--Privacy Matters

<DELETED>Sec. 5091. Requirement that agency rulemaking take into 
                            consideration impacts on individual 
                            privacy.
<DELETED>Sec. 5092. Chief privacy officers for agencies with law 
                            enforcement or anti-terrorism functions.
        <DELETED>Chapter 2--Mutual Aid and Litigation Management

<DELETED>Sec. 5101. Short title.
<DELETED>Sec. 5102. Mutual aid authorized.
<DELETED>Sec. 5103. Litigation management agreements.
<DELETED>Sec. 5104. Additional provisions.
<DELETED>Sec. 5105. Definitions.
               <DELETED>Chapter 3--Miscellaneous Matters

<DELETED>Sec. 5131. Enhancement of public safety communications 
                            interoperability.
<DELETED>Sec. 5132. Sense of Congress regarding the incident command 
                            system.
<DELETED>Sec. 5133. Sense of Congress regarding United States Northern 
                            Command plans and strategies.

    <DELETED>TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY</DELETED>

<DELETED>SEC. 1001. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``National Security 
Intelligence Improvement Act of 2004''.</DELETED>

      <DELETED>Subtitle A--Establishment of National Intelligence 
                           Director</DELETED>

<DELETED>SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF 
              INTELLIGENCE COMMUNITY.</DELETED>

<DELETED>    (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:</DELETED>

          <DELETED>``national intelligence director</DELETED>

<DELETED>    ``Sec. 102. (a) National Intelligence Director.--(1) There 
is a National Intelligence Director who shall be appointed by the 
President, by and with the advice and consent of the Senate.</DELETED>
<DELETED>    ``(2) The National Intelligence Director shall not be 
located within the Executive Office of the President.</DELETED>
<DELETED>    ``(b) Principal Responsibility.--Subject to the authority, 
direction, and control of the President, the National Intelligence 
Director shall--</DELETED>
        <DELETED>    ``(1) serve as head of the intelligence 
        community;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) through the heads of the departments 
        containing elements of the intelligence community, and the 
        Central Intelligence Agency, manage and oversee the execution 
        of the National Intelligence Program and direct the National 
        Intelligence Program.</DELETED>
<DELETED>    ``(c) Prohibition on Dual Service.--The individual serving 
in the position of National Intelligence Director 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.</DELETED>

      <DELETED>``responsibilities and authorities of the national 
                    intelligence director</DELETED>

<DELETED>    ``Sec. 102A. (a) Provision of Intelligence.--(1) Under the 
direction of the President, the National Intelligence Director shall be 
responsible for ensuring that national intelligence is provided--
</DELETED>
        <DELETED>    ``(A) to the President;</DELETED>
        <DELETED>    ``(B) to the heads of departments and agencies of 
        the executive branch;</DELETED>
        <DELETED>    ``(C) to the Chairman of the Joint Chiefs of Staff 
        and senior military commanders;</DELETED>
        <DELETED>    ``(D) where appropriate, to the Senate and House 
        of Representatives and the committees thereof; and</DELETED>
        <DELETED>    ``(E) to such other persons as the National 
        Intelligence Director determines to be appropriate.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Access to Intelligence.--To the extent approved by 
the President, the National Intelligence Director 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 National 
Intelligence Director.</DELETED>
<DELETED>    ``(c) Budget Authorities.--(1)(A) The National 
Intelligence Director shall develop and present to the President on an 
annual basis a budget for intelligence and intelligence-related 
activities of the United States.</DELETED>
<DELETED>    ``(B) In carrying out subparagraph (A) for any fiscal year 
for the components of the budget that comprise the National 
Intelligence Program, the National Intelligence Director shall provide 
guidance to the heads of departments containing elements of the 
intelligence community, and to the heads of the elements of the 
intelligence community, for development of budget inputs to the 
National Intelligence Director.</DELETED>
<DELETED>    ``(2)(A) The National Intelligence Director 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.</DELETED>
<DELETED>    ``(B) The National Intelligence Director 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.</DELETED>
<DELETED>    ``(3) In carrying out paragraphs (1) and (2), the National 
Intelligence Director may, as appropriate, obtain the advice of the 
Joint Intelligence Community Council.</DELETED>
<DELETED>    ``(4) The National Intelligence Director shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.</DELETED>
<DELETED>    ``(5)(A) The National Intelligence Director shall 
facilitate the management and execution of funds appropriated for the 
National Intelligence Program.</DELETED>
<DELETED>    ``(B) Notwithstanding any other provision of law, in 
receiving funds pursuant to relevant appropriations Acts for the 
National Intelligence Program, the Office of Management and Budget 
shall apportion funds appropriated for the National Intelligence 
Program to the National Intelligence Director for allocation to the 
elements of the intelligence community through the host executive 
departments that manage programs and activities that are part of the 
National Intelligence Program.</DELETED>
<DELETED>    ``(C) The National Intelligence Director 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, as necessary and 
feasible.</DELETED>
<DELETED>    ``(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.).</DELETED>
<DELETED>    ``(7)(A) The National Intelligence Director shall provide 
a quarterly report, beginning April 1, 2005, and ending April 1, 2007, 
to the President and the Congress regarding implementation of this 
section.</DELETED>
<DELETED>    ``(B) The National Intelligence Director shall report to 
the President and the Congress not later than 5 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 National 
Intelligence Director, in carrying out the National Intelligence 
Program.</DELETED>
<DELETED>    ``(d) Role of National Intelligence Director in 
Reprogramming.--(1) No funds made available under the National 
Intelligence Program may be transferred or reprogrammed without the 
prior approval of the National Intelligence Director, except in 
accordance with procedures prescribed by the National Intelligence 
Director.</DELETED>
<DELETED>    ``(2) The Secretary of Defense shall consult with the 
National Intelligence Director before transferring or reprogramming 
funds made available under the Joint Military Intelligence 
Program.</DELETED>
<DELETED>    ``(e) Transfer of Funds or Personnel Within National 
Intelligence Program.--(1) In addition to any other authorities 
available under law for such purposes, the National Intelligence 
Director, with the approval of the Director of the Office of Management 
and Budget--</DELETED>
        <DELETED>    ``(A) may transfer funds appropriated for a 
        program within the National Intelligence Program to another 
        such program; and</DELETED>
        <DELETED>    ``(B) in accordance with procedures to be 
        developed by the National Intelligence Director 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 periods up to one 
        year.</DELETED>
<DELETED>    ``(2) The amounts available for transfer in the National 
Intelligence Program in any given fiscal year, and the terms and 
conditions governing such transfers, are subject to the provisions of 
annual appropriations Acts and this subsection.</DELETED>
<DELETED>    ``(3)(A) A transfer of funds or personnel may be made 
under this subsection only if--</DELETED>
        <DELETED>    ``(i) the funds or personnel are being transferred 
        to an activity that is a higher priority intelligence 
        activity;</DELETED>
        <DELETED>    ``(ii) the need for funds or personnel for such 
        activity is based on unforeseen requirements;</DELETED>
        <DELETED>    ``(iii) the transfer does not involve a transfer 
        of funds to the Reserve for Contingencies of the Central 
        Intelligence Agency;</DELETED>
        <DELETED>    ``(iv) in the case of a transfer of funds, the 
        transfer results in a cumulative transfer of funds out of any 
        department or agency, as appropriate, funded in the National 
        Intelligence Program in a single fiscal year--</DELETED>
                <DELETED>    ``(I) that is less than $100,000,000, 
                and</DELETED>
                <DELETED>    ``(II) that is less than 5 percent of 
                amounts available to a department or agency under the 
                National Intelligence Program; and</DELETED>
        <DELETED>    ``(v) the transfer does not terminate a 
        program.</DELETED>
<DELETED>    ``(B) A transfer 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 or agency 
involved. 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.</DELETED>
<DELETED>    ``(4) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to which 
transferred.</DELETED>
<DELETED>    ``(5) Any transfer 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 for which notice is given to the 
appropriate congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the congressional 
intelligence committees shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any case in which the 
transfer would not have otherwise required reprogramming notification 
under procedures in effect as of the date of the enactment of this 
subsection.</DELETED>
<DELETED>    ``(6)(A) The National Intelligence Director shall promptly 
submit to--</DELETED>
        <DELETED>    ``(i) the congressional intelligence 
        committees,</DELETED>
        <DELETED>    ``(ii) in the case of the transfer of personnel to 
        or from the Department of Defense, the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives, and</DELETED>
        <DELETED>    ``(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,</DELETED>
<DELETED>a report on any transfer of personnel made pursuant to this 
subsection.</DELETED>
<DELETED>    ``(B) The Director shall include in any such report an 
explanation of the nature of the transfer and how it satisfies the 
requirements of this subsection.</DELETED>
<DELETED>    ``(f) Tasking and Other Authorities.--(1)(A) The National 
Intelligence Director shall--</DELETED>
        <DELETED>    ``(i) develop collection 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;</DELETED>
        <DELETED>    ``(ii) determine and establish 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--</DELETED>
                <DELETED>    ``(I) approving requirements for 
                collection and analysis, and</DELETED>
                <DELETED>    ``(II) resolving conflicts in collection 
                requirements and in the tasking of national collection 
                assets of the elements of the intelligence community; 
                and</DELETED>
        <DELETED>    ``(iii) provide advisory tasking to intelligence 
        elements of those agencies and departments not within the 
        National Intelligence Program.</DELETED>
<DELETED>    ``(B) The authority of the National Intelligence Director 
under subparagraph (A) shall not apply--</DELETED>
        <DELETED>    ``(i) insofar as the President so 
        directs;</DELETED>
        <DELETED>    ``(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 National Intelligence Director; 
        or</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(2) The National Intelligence Director shall oversee the 
National counterterrorism Center and may establish such other national 
intelligence centers as the Director determines necessary.</DELETED>
<DELETED>    ``(3)(A) The National Intelligence Director shall 
prescribe community-wide personnel policies that--</DELETED>
        <DELETED>    ``(i) facilitate assignments across community 
        elements and to the intelligence centers;</DELETED>
        <DELETED>    ``(ii) establish overarching standards for 
        intelligence education and training; and</DELETED>
        <DELETED>    ``(iii) promote the most effective analysis and 
        collection of intelligence by ensuring a diverse workforce, 
        including the recruitment and training of women, minorities, 
        and individuals with diverse, ethnic, and linguistic 
        backgrounds.</DELETED>
<DELETED>    ``(B) In developing the policies prescribed under 
subparagraph (A), the National Intelligence Director shall consult with 
the heads of the departments containing the elements of the 
intelligence community.</DELETED>
<DELETED>    ``(C) Policies prescribed under subparagraph (A) shall not 
be inconsistent with the personnel policies otherwise applicable to 
members of the uniformed services.</DELETED>
<DELETED>    ``(4) The National Intelligence Director 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.</DELETED>
<DELETED>    ``(5) The National Intelligence Director shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.</DELETED>
<DELETED>    ``(6) The National Intelligence Director shall perform 
such other functions as the President may direct.</DELETED>
<DELETED>Nothing in this Act shall be construed as affecting the role 
of the Department of Justice or the Attorney General with respect to 
applications under the Foreign Intelligence Surveillance Act of 
1978.</DELETED>
<DELETED>    ``(g) Intelligence Information Sharing.--(1) The National 
Intelligence Director shall have principal authority to ensure maximum 
availability of and access to intelligence information within the 
intelligence community consistent with national security requirements. 
The National Intelligence Director shall--</DELETED>
        <DELETED>    ``(A) establish uniform security standards and 
        procedures;</DELETED>
        <DELETED>    ``(B) establish common information technology 
        standards, protocols, and interfaces;</DELETED>
        <DELETED>    ``(C) ensure development of information technology 
        systems that include multi-level security and intelligence 
        integration capabilities; and</DELETED>
        <DELETED>    ``(D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence information 
        and the need to protect intelligence sources and 
        methods.</DELETED>
<DELETED>    ``(2) The President shall ensure that the National 
Intelligence Director has all necessary support and authorities to 
fully and effectively implement paragraph (1).</DELETED>
<DELETED>    ``(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 National Intelligence Director or the National 
counterterrorism Center.</DELETED>
<DELETED>    ``(4) Not later than February 1 of each year, the National 
Intelligence Director 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).</DELETED>
<DELETED>    ``(h) Analysis.--(1) The National Intelligence Director 
shall ensure that all elements of the intelligence community strive for 
the most accurate analysis of intelligence derived from all sources to 
support national security needs.</DELETED>
<DELETED>    ``(2) The National Intelligence Director shall ensure that 
intelligence analysis generally receives the highest priority when 
distributing resources within the intelligence community and shall 
carry out duties under this subsection in a manner that--</DELETED>
        <DELETED>    ``(A) develops all-source analysis 
        techniques;</DELETED>
        <DELETED>    ``(B) ensures competitive analysis;</DELETED>
        <DELETED>    ``(C) ensures that differences in judgment are 
        fully considered and brought to the attention of policymakers; 
        and</DELETED>
        <DELETED>    ``(D) builds relationships between intelligence 
        collectors and analysts to facilitate greater understanding of 
        the needs of analysts.</DELETED>
<DELETED>    ``(i) Protection of Intelligence Sources and Methods.--(1) 
In order to protect intelligence sources and methods from unauthorized 
disclosure and, consistent with that protection, to maximize the 
dissemination of intelligence, the National Intelligence Director shall 
establish and implement guidelines for the intelligence community for 
the following purposes:</DELETED>
        <DELETED>    ``(A) Classification of information.</DELETED>
        <DELETED>    ``(B) Access to and dissemination of intelligence, 
        both in final form and in the form when initially 
        gathered.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(2) The Director may only delegate a duty or authority 
given the Director under this subsection to the Deputy National 
Intelligence Director.</DELETED>
<DELETED>    ``(j) Uniform Procedures for Sensitive Compartmented 
Information.--The President, acting through the National Intelligence 
Director, shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) ensure the consistent implementation of 
        those standards and procedures throughout such agencies and 
        departments;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 National 
Intelligence Director shall oversee the coordination of the 
relationships between elements of the intelligence community and the 
intelligence or security services of foreign governments on all matters 
involving intelligence related to the national security or involving 
intelligence acquired through clandestine means.</DELETED>
<DELETED>    ``(l) Enhanced Personnel Management.--(1)(A) The National 
Intelligence Director shall, under regulations prescribed by the 
Director, provide incentives for personnel of elements of the 
intelligence community to serve--</DELETED>
        <DELETED>    ``(i) on the staff of the National Intelligence 
        Director;</DELETED>
        <DELETED>    ``(ii) on the staff of the national intelligence 
        centers;</DELETED>
        <DELETED>    ``(iii) on the staff of the National 
        counterterrorism Center; and</DELETED>
        <DELETED>    ``(iv) in other positions in support of the 
        intelligence community management functions of the 
        Director.</DELETED>
<DELETED>    ``(B) Incentives under subparagraph (A) may include 
financial incentives, bonuses, and such other awards and incentives as 
the Director considers appropriate.</DELETED>
<DELETED>    ``(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 National 
Intelligence Director shall be promoted at rates equivalent to or 
better than personnel of such element who are not so assigned or 
detailed.</DELETED>
<DELETED>    ``(B) The Director may prescribe regulations to carry out 
this section.</DELETED>
<DELETED>    ``(3)(A) The National Intelligence Director 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.</DELETED>
<DELETED>    ``(B) The mechanisms prescribed under subparagraph (A) may 
include the following:</DELETED>
        <DELETED>    ``(i) The establishment of special occupational 
        categories involving service, over the course of a career, in 
        more than one element of the intelligence community.</DELETED>
        <DELETED>    ``(ii) The provision of rewards for service in 
        positions undertaking analysis and planning of operations 
        involving two or more elements of the intelligence 
        community.</DELETED>
        <DELETED>    ``(iii) The establishment of requirements for 
        education, training, service, and evaluation that involve 
        service in more than one element of the intelligence 
        community.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(4)(A) This subsection shall not apply with respect to 
personnel of the elements of the intelligence community who are members 
of the uniformed services or law enforcement officers (as that term is 
defined in section 5541(3) of title 5, United States Code).</DELETED>
<DELETED>    ``(B) Assignment to the Office of the National 
Intelligence Director 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.</DELETED>
<DELETED>    ``(m) Additional Authority With Respect to Personnel.--(1) 
In addition to the authorities under subsection (f)(3), the National 
Intelligence Director may exercise with respect to the personnel of the 
Office of the National Intelligence Director 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.</DELETED>
<DELETED>    ``(2) Employees and applicants for employment of the 
Office of the National Intelligence Director shall have the same rights 
and protections under the Office of the National Intelligence Director 
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.</DELETED>
<DELETED>    ``(n) Acquisition Authorities.--(1) In carrying out the 
responsibilities and authorities under this section, the National 
Intelligence Director may exercise the acquisition authorities referred 
to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
seq.).</DELETED>
<DELETED>    ``(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 National Intelligence Director 
or the Deputy National Intelligence Director.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B) Except as provided in subparagraph (C), the National 
Intelligence Director or the Deputy National Intelligence Director may, 
in such official's discretion, delegate to any officer or other 
official of the Office of the National Intelligence Director any 
authority to make a determination or decision as the head of the agency 
under an authority referred to in paragraph (1).</DELETED>
<DELETED>    ``(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 National Intelligence Director of an 
authority referred to in paragraph (1).</DELETED>
<DELETED>    ``(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 National Intelligence Director for a period of at least six 
years following the date of such determination or decision.</DELETED>
<DELETED>    ``(o) Consideration of Views of Elements of the 
Intelligence Community.--In carrying out the duties and 
responsibilities under this section, the National Intelligence Director 
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.</DELETED>

   <DELETED>``office of the national intelligence director</DELETED>

<DELETED>    ``Sec. 103. (a) Establishment of Office; Function.--(1) 
There is an Office of the National Intelligence Director. The Office of 
the National Intelligence Director shall not be located within the 
Executive Office of the President.</DELETED>
<DELETED>    ``(2) The function of the Office is to assist the National 
Intelligence Director in carrying out the duties and responsibilities 
of the Director under this Act and to carry out such other duties as 
may be prescribed by the President or by law.</DELETED>
<DELETED>    ``(3) Any authority, power, or function vested by law in 
any officer, employee, or part of the Office of the National 
Intelligence Director is vested in, or may be exercised by, the 
National Intelligence Director.</DELETED>
<DELETED>    ``(4) Exemptions, exceptions, and exclusions for the 
Central Intelligence Agency or for personnel, resources, or activities 
of such Agency from otherwise applicable laws, other than the exception 
contained in section 104A(c)(1) shall apply in the same manner to the 
Office of the National Intelligence Director and the personnel, 
resources, or activities of such Office.</DELETED>
<DELETED>    ``(b) Office of National Intelligence Director.--(1) The 
Office of the National Intelligence Director is composed of the 
following:</DELETED>
        <DELETED>    ``(A) The National Intelligence 
        Director.</DELETED>
        <DELETED>    ``(B) The Deputy National Intelligence 
        Director.</DELETED>
        <DELETED>    ``(C) The Deputy National Intelligence Director 
        for Operations.</DELETED>
        <DELETED>    ``(D) The Deputy National Intelligence Director 
        for Community Management and Resources.</DELETED>
        <DELETED>    ``(E) The Associate National Intelligence Director 
        for Military Support.</DELETED>
        <DELETED>    ``(F) The Associate National Intelligence Director 
        for Domestic Security.</DELETED>
        <DELETED>    ``(G) The Associate National Intelligence Director 
        for Diplomatic Affairs.</DELETED>
            ``(H) The Associate National Intelligence Director for 
        Science and Technology.
            ``[<DELETED>(H)</DELETED>] (I) <DELETED>The National 
        Intelligence Council.
        </DELETED>    ``[<DELETED>(I)</DELETED>] (J) <DELETED>The 
        General Counsel to the National Intelligence Director.
        </DELETED>    ``[<DELETED>(J)</DELETED>] (K) <DELETED>Such 
        other offices and officials as may be established by law or the 
        National Intelligence Director may establish or designate in 
        the Office.
<DELETED>    ``(2) To assist the National Intelligence Director in 
fulfilling the duties and responsibilities of the Director, the 
Director shall employ and utilize in the Office of the National 
Intelligence Director a staff having expertise in matters relating to 
such duties and responsibilities and may establish permanent positions 
and appropriate rates of pay with respect to such staff.</DELETED>
<DELETED>    ``(c) Deputy National Intelligence Director.--(1) There is 
a Deputy National Intelligence Director who shall be appointed by the 
President, by and with the advice and consent of the Senate.</DELETED>
<DELETED>    ``(2) The Deputy National Intelligence Director shall 
assist the National Intelligence Director in carrying out the 
responsibilities of the National Intelligence Director under this 
Act.</DELETED>
<DELETED>    ``(3) The Deputy National Intelligence Director shall act 
for, and exercise the powers of, the National Intelligence Director 
during the absence or disability of the National Intelligence Director 
or during a vacancy in the position of the National Intelligence 
Director.</DELETED>
<DELETED>    ``(4) The Deputy National Intelligence Director takes 
precedence in the Office of the National Intelligence Director 
immediately after the National Intelligence Director.</DELETED>
<DELETED>    ``(d) Deputy National Intelligence Director for 
Operations.--(1) There is a Deputy National Intelligence Director for 
Operations.</DELETED>
<DELETED>    ``(2) The Deputy National Intelligence Director for 
Operations shall--</DELETED>
        <DELETED>    ``(A) assist the National Intelligence Director in 
        all aspects of intelligence operations, including intelligence 
        tasking, requirements, collection, and analysis;</DELETED>
        <DELETED>    ``(B) assist the National Intelligence Director in 
        overseeing the national intelligence centers; and</DELETED>
        <DELETED>    ``(C) perform such other duties and exercise such 
        powers as National Intelligence Director may 
        prescribe.</DELETED>
<DELETED>    ``(e) Deputy National Intelligence Director for Community 
Management and Resources.--(1) There is a Deputy National Intelligence 
Director for Community Management and Resources.</DELETED>
<DELETED>    ``(2) The Deputy National Intelligence Director for 
Community Management and Resources shall--</DELETED>
        <DELETED>    ``(A) assist the National Intelligence Director in 
        all aspects of management and resources, including 
        administration, budgeting, information security, personnel, 
        training, and programmatic functions; and</DELETED>
        <DELETED>    ``(B) perform such other duties and exercise such 
        powers as the National Intelligence Director may 
        prescribe.</DELETED>
<DELETED>    ``(f) Associate National Intelligence Director for 
Military Support.--(1) There is an Associate National Intelligence 
Director for Military Support who shall be appointed by the National 
Intelligence Director, in consultation with the Secretary of 
Defense.</DELETED>
<DELETED>    ``(2) The Associate National Intelligence Director for 
Military Support shall--</DELETED>
        <DELETED>    ``(A) ensure that the intelligence needs of the 
        Department of Defense are met; and</DELETED>
        <DELETED>    ``(B) perform such other duties and exercise such 
        powers as the National Intelligence Director may 
        prescribe.</DELETED>
<DELETED>    ``(g) Associate National Intelligence Director for 
Domestic Security.--(1) There is an Associate National Intelligence 
Director for Domestic Security who shall be appointed by the National 
Intelligence Director in consultation with the Attorney General and the 
Secretary of Homeland Security.</DELETED>
<DELETED>    ``(2) The Associate National Intelligence Director for 
Domestic Security shall--</DELETED>
        <DELETED>    ``(A) ensure that the intelligence needs of the 
        Department of Justice, the Department of Homeland Security, and 
        other relevant executive departments and agencies are met; 
        and</DELETED>
        <DELETED>    ``(B) perform such other duties and exercise such 
        powers as the National Intelligence Director may prescribe, 
        except that the National Intelligence Director may not make 
        such officer responsible for disseminating any domestic or 
        homeland security information to State government or local 
        government officials or any private sector entity.</DELETED>
<DELETED>    ``(h) Associate National Intelligence Director for 
Diplomatic Affairs.--(1) There is an Associate National Intelligence 
Director for Diplomatic Affairs who shall be appointed by the National 
Intelligence Director in consultation with the Secretary of 
State.</DELETED>
<DELETED>    ``(2) The Associate National Intelligence Director for 
Diplomatic Affairs shall--</DELETED>
        <DELETED>    ``(A) ensure that the intelligence needs of the 
        Department of State are met; and</DELETED>
        <DELETED>    ``(B) perform such other duties and exercise such 
        powers as the National Intelligence Director may 
        prescribe.</DELETED>
    ``(i) Associate National Intelligence Director for Science and 
Technology.--(1) There is an Associate National Intelligence Director 
for Science and Technology who shall be appointed by the National 
Intelligence Director.
    ``(2) The Associate National Intelligence Director for Science and 
Technology shall--
            ``(A) advise the National Intelligence Director regarding 
        research and development efforts and priorities in support of 
        the intelligence mission, to ensure that the science and 
        technology needs of the National Intelligence Program will be 
        met;
            ``(B) develop in consultation with appropriate agencies and 
        the Associate National Intelligence Directors for Military 
        Support, Domestic Security, and Diplomatic Affairs a strategic 
        plan to support United States leadership in science and 
        technology to facilitate intelligence missions; and
            ``(C) perform such other duties and exercise such powers as 
        the National Intelligence Director may prescribe.
    ``[<DELETED>(i)</DELETED>] (j) <DELETED>Military Status of Director 
and Deputy Directors</DELETED>.--<DELETED>(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.
<DELETED>    ``(2) The positions referred to in this paragraph are the 
following:</DELETED>
        <DELETED>    ``(A) The National Intelligence 
        Director.</DELETED>
        <DELETED>    ``(B) The Deputy National Intelligence 
        Director.</DELETED>
<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(A) be a commissioned officer of the Armed 
        Forces, in active status; or</DELETED>
        <DELETED>    ``(B) have, by training or experience, an 
        appreciation of military intelligence activities and 
        requirements.</DELETED>
<DELETED>    ``(4) A commissioned officer of the Armed Forces, while 
serving in a position specified in paragraph (2)--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 
National Intelligence Director.</DELETED>
    ``[<DELETED>(j)</DELETED>] (k) <DELETED>National Intelligence 
Council</DELETED>.--<DELETED>(1) Within the Office of the Deputy 
National Intelligence Director for Operations, there is a National 
Intelligence Council.
<DELETED>    ``(2)(A) 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 and report to the Deputy National Intelligence Director 
for Operations.</DELETED>
<DELETED>    ``(B) 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.</DELETED>
<DELETED>    ``(3) The National Intelligence Council shall--</DELETED>
        <DELETED>    ``(A) produce national intelligence estimates for 
        the United States Government, which shall include as a part of 
        such estimates in their entirety, alternative views, if any, 
        held by elements of the intelligence community;</DELETED>
        <DELETED>    ``(B) evaluate community-wide collection and 
        production of intelligence by the intelligence community and 
        the requirements and resources of such collection and 
        production; and</DELETED>
        <DELETED>    ``(C) otherwise assist the National Intelligence 
        Director in carrying out the responsibility of the National 
        Intelligence Director to provide national 
        intelligence.</DELETED>
<DELETED>    ``(4) Within their respective areas of expertise and under 
the direction of the Deputy National Intelligence Director for 
Operations, 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.</DELETED>
<DELETED>    ``(5) Subject to the direction and control of the Deputy 
National Intelligence Director for Operations, 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 
subsection.</DELETED>
<DELETED>    ``(6) The Deputy National Intelligence Director for 
Operations shall make available to the National Intelligence Council 
such personnel as may be necessary to permit the Council to carry out 
its responsibilities under this section.</DELETED>
<DELETED>    ``(7) 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 National Intelligence 
Director.</DELETED>
    ``[<DELETED>(k)</DELETED>] (l) <DELETED>General Counsel to the 
National Intelligence Director</DELETED>.--<DELETED>(1) There is a 
General Counsel to the National Intelligence Director.
<DELETED>    ``(2) The individual serving in the position of General 
Counsel to the National Intelligence Director may not, while so 
serving, also serve as the General Counsel of any other agency or 
department of the United States.</DELETED>
<DELETED>    ``(3) The General Counsel to the National Intelligence 
Director is the chief legal officer for the National Intelligence 
Director.</DELETED>
<DELETED>    ``(4) The General Counsel to the National Intelligence 
Director shall perform such functions as the National Intelligence 
Director may prescribe.</DELETED>
    ``[<DELETED>(l)</DELETED>] (m) <DELETED>Intelligence Community 
Information Technology Officer</DELETED>.--<DELETED>(1) There is an 
Intelligence Community Information Technology Officer who shall be 
appointed by the National Intelligence Director.
<DELETED>    ``(2) The mission of the Intelligence Community 
Information Technology Officer is to assist the National Intelligence 
Director in ensuring the sharing of information in the fullest and most 
prompt manner between and among elements of the intelligence community 
consistent with section 102A(g).</DELETED>
<DELETED>    ``(3) The Intelligence Community Information Technology 
Officer shall--</DELETED>
        <DELETED>    ``(A) assist the Deputy National Intelligence 
        Director for Community Management and Resources in developing 
        and implementing an integrated information technology 
        network;</DELETED>
        <DELETED>    ``(B) develop an enterprise architecture for the 
        intelligence community and assist the Deputy National 
        Intelligence Director for Community Management and Resources in 
        ensuring that elements of the intelligence community comply 
        with such architecture;</DELETED>
        <DELETED>    ``(C) have procurement approval authority over all 
        enterprise architecture-related information technology items 
        funded in the National Intelligence Program;</DELETED>
        <DELETED>    ``(D) ensure that all such elements have the most 
        direct and continuous electronic access to all information 
        (including unevaluated intelligence consistent with existing 
        laws and the guidelines referred to in section 102A(b)) 
        necessary for appropriately cleared analysts to conduct 
        comprehensive all-source analysis and for appropriately cleared 
        policymakers to perform their duties--</DELETED>
                <DELETED>    ``(i) directly, in the case of the 
                elements of the intelligence community within the 
                National Intelligence Program, and</DELETED>
                <DELETED>    ``(ii) in conjunction with the Secretary 
                of Defense and other applicable heads of departments 
                with intelligence elements outside the National 
                Intelligence Program;</DELETED>
        <DELETED>    ``(E) review and provide recommendations to the 
        Deputy National Intelligence Director for Community Management 
        and Resources on National Intelligence Program budget requests 
        for information technology and national security 
        systems;</DELETED>
        <DELETED>    ``(F) assist the Deputy National Intelligence 
        Director for Community Management and Resources in promulgating 
        and enforcing standards on information technology and national 
        security systems that apply throughout the elements of the 
        intelligence community;</DELETED>
        <DELETED>    ``(G) ensure that within and between the elements 
        of the National Intelligence Program, duplicative and 
        unnecessary information technology and national security 
        systems are eliminated;</DELETED>
        <DELETED>    ``(H) pursuant to the direction of the National 
        Intelligence Director, consult with the Director of the Office 
        of Management and Budget to ensure that the Office of the 
        National Intelligence Director coordinates and complies with 
        national security requirements consistent with applicable law, 
        Executive orders, and guidance; and</DELETED>
        <DELETED>    ``(I) perform such other duties with respect to 
        the information systems and information technology of the 
        Office of the National Intelligence Director as may be 
        prescribed by the Deputy National Intelligence Director for 
        Community Management and Resources or specified by 
        law.</DELETED>
    ``(n) counterintelligence Officer to the National Intelligence 
Director.--(1) There is a counterintelligence Officer to the National 
Intelligence Director who shall be appointed by the National 
Intelligence Director.
    ``(2) The mission of the counterintelligence Officer to the 
National Intelligence Director is to assist the National Intelligence 
Director in reducing the threats of disclosure or loss of classified or 
sensitive information or penetration of national intelligence functions 
that may be potentiated by increased information sharing, enterprise 
architectures, or other activities under this Act.
    ``(3) The counterintelligence Officer to the National Intelligence 
Director shall--
            ``(A) assist the Deputy National Intelligence Director for 
        Community Management and Resources in developing and 
        implementing counterintelligence policies for the functions of 
        the Office of the National Intelligence Director, in 
        consultation with the Associate National Intelligence 
        Directors;
            ``(B) ensure that policies under subparagraph (A) and the 
        implementation of those policies are coordinated with 
        counterintelligence activities of appropriate agencies and 
        elements of the National Intelligence Program, and with the 
        activities of the Intelligence Community Information Officer;
            ``(C) review resource requirements to support the mission 
        of the counterintelligence Officer under this subsection and 
        make recommendations to the Deputy National Intelligence 
        Director for Community Management and Resources with respect to 
        those requirements; and
            ``(D) perform such other duties as the National 
        Intelligence Director shall prescribe.

            <DELETED>``central intelligence agency</DELETED>

<DELETED>    ``Sec. 104. (a) Central Intelligence Agency.--There is a 
Central Intelligence Agency.</DELETED>
<DELETED>    ``(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).</DELETED>

    <DELETED>``director of the central intelligence agency</DELETED>

<DELETED>    ``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. The Director shall be under the authority, direction, 
and control of the National Intelligence Director, except as otherwise 
determined by the President.</DELETED>
<DELETED>    ``(b) Duties.--In the capacity as Director of the Central 
Intelligence Agency, the Director of the Central Intelligence Agency 
shall--</DELETED>
        <DELETED>    ``(1) carry out the responsibilities specified in 
        subsection (c); and</DELETED>
        <DELETED>    ``(2) serve as the head of the Central 
        Intelligence Agency.</DELETED>
<DELETED>    ``(c) Responsibilities.--The Director of the Central 
Intelligence Agency shall--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) provide overall direction for the collection 
        of national intelligence through human sources by elements of 
        the intelligence community authorized to undertake such 
        collection and, in coordination with other agencies of the 
        Government which are authorized to undertake such collection, 
        ensure that the most effective use is made of resources and 
        that the risks to the United States and those involved in such 
        collection are minimized;</DELETED>
        <DELETED>    ``(3) correlate and evaluate intelligence related 
        to the national security and provide appropriate dissemination 
        of such intelligence;</DELETED>
        <DELETED>    ``(4) perform such additional services as are of 
        common concern to the elements of the intelligence community, 
        which services the National Intelligence Director determines 
        can be more efficiently accomplished centrally; and</DELETED>
        <DELETED>    ``(5) perform such other functions and duties 
        related to intelligence affecting the national security as the 
        President or the National Intelligence Director may 
        direct.</DELETED>
<DELETED>    ``(d) Deputy Director of the Central Intelligence 
Agency.--There is a Deputy Director of the Central Intelligence Agency 
who shall be appointed by the President. The Deputy Director shall 
perform such functions as the Director may prescribe and shall perform 
the duties of the Director during the Director's absence or disability 
or during a vacancy in the position of the Director of the Central 
Intelligence Agency.</DELETED>
<DELETED>    ``(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 considers the termination of 
employment of such officer or employee necessary or advisable in the 
interests of the United States.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) First Director.--(1) When the Senate receives the 
nomination of a person for the initial appointment by the President for 
the position of National Intelligence Director, it shall consider and 
dispose of such nomination within a period of 30 legislative 
days.</DELETED>
<DELETED>    (2) If the Senate does not dispose of such nomination 
referred to in paragraph (1) within such period--</DELETED>
        <DELETED>    (A) Senate confirmation is not required; 
        and</DELETED>
        <DELETED>    (B) the appointment of such nominee as National 
        Intelligence Director takes effect upon administration of the 
        oath of office.</DELETED>
<DELETED>    (3) For the purposes of this subsection, the term 
``legislative day'' means a day on which the Senate is in 
session.</DELETED>

<DELETED>SEC. 1012. REVISED DEFINITION OF NATIONAL 
              INTELLIGENCE.</DELETED>

<DELETED>    Paragraph (5) of section 3 of the National Security Act of 
1947 (50 U.S.C. 401a) is amended to read as follows:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) pertains, as determined consistent 
                with any guidance issued by the President, to more than 
                one United States Government agency; and</DELETED>
                <DELETED>    ``(B) that involves--</DELETED>
                        <DELETED>    ``(i) threats to the United 
                        States, its people, property, or 
                        interests;</DELETED>
                        <DELETED>    ``(ii) the development, 
                        proliferation, or use of weapons of mass 
                        destruction; or</DELETED>
                        <DELETED>    ``(iii) any other matter bearing 
                        on United States national or homeland 
                        security.''.</DELETED>

<DELETED>SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION 
              BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE 
              AGENCY.</DELETED>

<DELETED>    (a) Development of Procedures.--The National Intelligence 
Director, 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:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) When appropriate, in cases where the 
        Department of Defense and the Central Intelligence Agency are 
        conducting separate missions in the same geographical area, 
        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.</DELETED>
<DELETED>    (b) Implementation Report.--Not later than 180 days after 
the date of the enactment of the Act, the National Intelligence 
Director 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.</DELETED>

<DELETED>SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN 
              APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE FOR 
              INTELLIGENCE-RELATED ACTIVITIES.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(a) Recommendation of NID in Certain Appointments.--(1) 
In the event of a vacancy in a position referred to in paragraph (2), 
the National Intelligence Director shall recommend to the President an 
individual for nomination to fill the vacancy.</DELETED>
<DELETED>    ``(2) Paragraph (1) applies to the following 
positions:</DELETED>
        <DELETED>    ``(A) The Deputy National Intelligence 
        Director.</DELETED>
        <DELETED>    ``(B) The Director of the Central Intelligence 
        Agency.</DELETED>
    ``(b) Concurrence of NID 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 National Intelligence Director 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). </DELETED>In the case in which the National Intelligence 
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.
<DELETED>    ``(2) Paragraph (1) applies to the following 
positions:</DELETED>
        <DELETED>    ``(A) The Director of the National Security 
        Agency.</DELETED>
        <DELETED>    ``(B) The Director of the National Reconnaissance 
        Office.</DELETED>
        <DELETED>    ``(C) The Director of the National Geospatial-
        Intelligence Agency.</DELETED>
<DELETED>    ``(c) Consultation With National Intelligence Director 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 National 
Intelligence Director before appointing an individual to fill the 
vacancy or recommending to the President an individual to be nominated 
to fill the vacancy.</DELETED>
<DELETED>    ``(2) Paragraph (1) applies to the following 
positions:</DELETED>
        <DELETED>    ``(A) The Director of the Defense Intelligence 
        Agency.</DELETED>
        <DELETED>    ``(B) The Assistant Secretary of State for 
        Intelligence and Research.</DELETED>
        <DELETED>    ``(C) The Director of the Office of Intelligence 
        of the Department of Energy.</DELETED>
        <DELETED>    ``(D) The Director of the Office of 
        counterintelligence of the Department of Energy.</DELETED>
        <DELETED>    ``(E) The Assistant Secretary for Intelligence and 
        Analysis of the Department of the Treasury.</DELETED>
        <DELETED>    ``(F) The Executive Assistant Director for 
        Intelligence of the Federal Bureau of Investigation.</DELETED>
        <DELETED>    ``(G) The Under Secretary of Homeland Security for 
        Information Analysis and Infrastructure Protection.</DELETED>
        <DELETED>    ``(H) The Deputy Assistant Commandant of the Coast 
        Guard for Intelligence.</DELETED>

<DELETED>SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE 
              DIRECTOR.</DELETED>

<DELETED>    (a) Initial Appointment of the National Intelligence 
Director.--Notwithstanding section 102(a)(1) of the National Security 
Act of 1947, as added by section 1011(a), the individual serving as the 
Director of Central Intelligence on the date immediately preceding the 
date of the enactment of this Act may, at the discretion of the 
President, become the National Intelligence Director as of the date of 
the enactment of this Act.</DELETED>
<DELETED>    (b) General References.--(1) Any reference to the Director 
of Central Intelligence 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 National Intelligence Director.</DELETED>
<DELETED>    (2) Any reference to the Director of Central Intelligence 
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.</DELETED>
<DELETED>    (3) Any reference to the Deputy Director of Central 
Intelligence in the Deputy Director's capacity as deputy to 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 Deputy National Intelligence Director.</DELETED>
<DELETED>    (4) Any reference to the Deputy Director of Central 
Intelligence for Community Management in any law, regulation, document, 
paper, or other record of the United States shall be deemed to be a 
reference to the Deputy National Intelligence Director for Community 
Management and Resources.</DELETED>

<DELETED>SEC. 1016. EXECUTIVE SCHEDULE MATTERS.</DELETED>

<DELETED>    (a) Executive Schedule Level I.--Section 5312 of title 5, 
United States Code, is amended by adding the end the following new 
item:</DELETED>
        <DELETED>    ``National Intelligence Director.''.</DELETED>
<DELETED>    (b) Executive Schedule Level II.--Section 5313 of title 5, 
United States Code, is amended by adding at the end the following new 
items:</DELETED>
        <DELETED>    ``Deputy National Intelligence Director.</DELETED>
        <DELETED>    ``Director of the National counterterrorism 
        Center.''.</DELETED>
<DELETED>    (c) Executive Schedule Level IV.--Section 5315 of title 5, 
United States Code, is amended by striking the item relating to the 
Assistant Directors of Central Intelligence.</DELETED>

    <DELETED>Subtitle B--National counterterrorism Center and Civil 
                    Liberties Protections</DELETED>

<DELETED>SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.</DELETED>

<DELETED>    (a) In General.--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:</DELETED>

         <DELETED>``national counterterrorism center</DELETED>

<DELETED>    ``Sec. 119. (a) Establishment of Center.--There is within 
the Office of the National Intelligence Director a National 
counterterrorism Center.</DELETED>
<DELETED>    ``(b) Director of National counterterrorism Center.--There 
is a Director of the National counterterrorism Center, who shall be the 
head of the National counterterrorism Center, who shall be appointed by 
National Intelligence Director.</DELETED>
<DELETED>    ``(c) Supervision.--The Director of the National 
counterterrorism Center shall report to the National Intelligence 
Director on--</DELETED>
        <DELETED>    ``(1) the budget and programs of the National 
        counterterrorism Center;</DELETED>
        <DELETED>    ``(2) the activities of the Directorate of 
        Intelligence of the National counterterrorism Center under 
        subsection (h);</DELETED>
        <DELETED>    ``(3) the conduct of intelligence operations 
        implemented by other elements of the intelligence community; 
        and</DELETED>
        <DELETED>    ``(4) the planning and progress of joint 
        counterterrorism operations (other than intelligence 
        operations).</DELETED>
<DELETED>The National Intelligence Director shall carry out this 
section through the Deputy National Intelligence Director for 
Operations.</DELETED>
<DELETED>    ``(d) Primary Missions.--The primary missions of the 
National counterterrorism Center shall be as follows:</DELETED>
        <DELETED>    ``(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 
        counterterrorism.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) To support operational responsibilities 
        assigned to lead agencies for counterterrorism activities by 
        ensuring that such agencies have access to and receive 
        intelligence needed to accomplish their assigned 
        activities.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(f) Duties and Responsibilities of Director.--The 
Director of the National counterterrorism Center shall--</DELETED>
        <DELETED>    ``(1) serve as the principal adviser to the 
        National Intelligence Director on intelligence operations 
        relating to counterterrorism;</DELETED>
        <DELETED>    ``(2) provide strategic guidance and 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;</DELETED>
        <DELETED>    ``(3) advise the National Intelligence Director 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;</DELETED>
        <DELETED>    ``(4) 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;</DELETED>
        <DELETED>    ``(5) 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, 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 National Intelligence 
        Director;</DELETED>
        <DELETED>    ``(6) consistent with priorities approved by the 
        President, assist the National Intelligence Director in 
        establishing requirements for the intelligence community for 
        the collection of terrorism information; and</DELETED>
        <DELETED>    ``(7) perform such other duties as the National 
        Intelligence Director may prescribe or are prescribed by 
        law.</DELETED>
<DELETED>    ``(g) Limitation.--The Director of the National 
counterterrorism Center may not direct the execution of 
counterterrorism operations.</DELETED>
<DELETED>    ``(h) Resolution of Disputes.--The National Intelligence 
Director 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. The head of such a department, agency, or 
element may appeal the resolution of the disagreement by the National 
Intelligence Director to the President.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(j) Directorate of Strategic Planning.--The Director of 
the National counterterrorism Center shall establish and maintain 
within the National counterterrorism Center a Directorate of Strategic 
Planning which shall provide strategic guidance and plans for 
counterterrorism operations conducted by the United States 
Government.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections for the 
National Security Act of 1947 is amended by inserting after the item 
relating to section 118 the following new item:</DELETED>

<DELETED>``Sec. 119. National counterterrorism Center.''.

<DELETED>SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.</DELETED>

<DELETED>    (a) Civil Liberties Protection Officer.--(1) Within the 
Office of the National Intelligence Director, there is a Civil 
Liberties Protection Officer who shall be appointed by the National 
Intelligence Director.</DELETED>
<DELETED>    (2) The Civil Liberties Protection Officer shall report 
directly to the National Intelligence Director.</DELETED>
<DELETED>    (b) Duties.--The Civil Liberties Protection Officer 
shall--</DELETED>
        <DELETED>    (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 
        National Intelligence Director and the elements of the 
        intelligence community within the National Intelligence 
        Program;</DELETED>
        <DELETED>    (2) oversee compliance by the Office and the 
        National Intelligence Director with requirements under the 
        Constitution and all laws, regulations, Executive orders, and 
        implementing guidelines relating to civil liberties and 
        privacy;</DELETED>
        <DELETED>    (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 National Intelligence Director and, as 
        appropriate, investigate any such complaint or 
        information;</DELETED>
        <DELETED>    (4) ensure that the use of technologies sustain, 
        and do not erode, privacy protections relating to the use, 
        collection, and disclosure of personal information;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) conduct privacy impact assessments when 
        appropriate or as required by law; and</DELETED>
        <DELETED>    (7) perform such other duties as may be prescribed 
        by the National Intelligence Director or specified by 
        law.</DELETED>
<DELETED>    (c) Use of Agency Inspectors General.--When appropriate, 
the Civil Liberties Protection Officer may refer 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).</DELETED>

  <DELETED>Subtitle C--Joint Intelligence Community Council</DELETED>

<DELETED>SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--There is hereby established a Joint 
Intelligence Community Council.</DELETED>
<DELETED>    (b) Functions.--(1) The Joint Intelligence Community 
Council shall provide advice to the National Intelligence Director as 
appropriate.</DELETED>
<DELETED>    (2) The National Intelligence Director shall consult with 
the Joint Intelligence Community Council in developing guidance for the 
development of the annual National Intelligence Program 
budget.</DELETED>
<DELETED>    (c) Membership.--The Joint Intelligence Community Council 
shall consist of the following:</DELETED>
        <DELETED>    (1) The National Intelligence Director, who shall 
        chair the Council.</DELETED>
        <DELETED>    (2) The Secretary of State.</DELETED>
        <DELETED>    (3) The Secretary of the Treasury.</DELETED>
        <DELETED>    (4) The Secretary of Defense.</DELETED>
        <DELETED>    (5) The Attorney General.</DELETED>
        <DELETED>    (6) The Secretary of Energy.</DELETED>
        <DELETED>    (7) The Secretary of Homeland Security.</DELETED>
        <DELETED>    (8) Such other officials of the executive branch 
        as the President may designate.</DELETED>

        <DELETED>Subtitle D--Improvement of Human Intelligence 
                           (HUMINT)</DELETED>

<DELETED>SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL 
              COMPONENT OF THE INTELLIGENCE COMMUNITY.</DELETED>

<DELETED>    It is a sense of Congress that--</DELETED>
        <DELETED>    (1) the human intelligence officers of the 
        intelligence community have performed admirably and honorably 
        in the face of great personal dangers;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) human intelligence is becoming an increasingly 
        important capability to provide information on the asymmetric 
        threats to the national security of the United 
        States;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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 National 
        Intelligence Director.</DELETED>

<DELETED>SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE 
              CAPACITY.</DELETED>

<DELETED>    Not later than 6 months after the date of the enactment of 
this Act, the National Intelligence Director shall submit to Congress a 
report on existing human intelligence (HUMINT) capacity which shall 
include a plan to implement changes, as necessary, to accelerate 
improvements to, and increase the capacity of, HUMINT across the 
intelligence community.</DELETED>

  <DELETED>Subtitle E--Improvement of Education for the Intelligence 
                          Community</DELETED>

<DELETED>SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS 
              UNDER NATIONAL SECURITY EDUCATION PROGRAM.</DELETED>

<DELETED>    (a) In General.--(1) Subsection (b)(2) of section 802 of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902) is amended to read as follows:</DELETED>
        <DELETED>    ``(2) will meet the requirements for obligated 
        service described in subsection (j); and''.</DELETED>
<DELETED>    (2) Such section is further amended by adding at the end 
the following new subsection:</DELETED>
<DELETED>    ``(j) Requirements for Obligated Service in the 
Government.--(1) Each recipient of a scholarship or a fellowship under 
the program shall work in a specified national security position. In 
this subsection, the term `specified national security position' means 
a position of a department or agency of the United States that the 
Secretary certifies is appropriate to use the unique language and 
region expertise acquired by the recipient pursuant to the study for 
which scholarship or fellowship assistance (as the case may be) was 
provided under the program.</DELETED>
<DELETED>    ``(2) Each such recipient shall commence work in a 
specified national security position as soon as practicable but in no 
case later than two years after the completion by the recipient of the 
study for which scholarship or fellowship assistance (as the case may 
be) was provided under the program.</DELETED>
<DELETED>    ``(3) Each such recipient shall work in a specified 
national security position for a period specified by the Secretary, 
which period shall include--</DELETED>
        <DELETED>    ``(A) in the case of a recipient of a scholarship, 
        one year of service for each year, or portion thereof, for 
        which such scholarship assistance was provided, and</DELETED>
        <DELETED>    ``(B) in the case of a recipient of a fellowship, 
        not less than one nor more than three years for each year, or 
        portion thereof, for which such fellowship assistance was 
        provided.</DELETED>
<DELETED>    ``(4) Recipients shall seek specified national security 
positions as follows:</DELETED>
        <DELETED>    ``(A) In the Department of Defense or in any 
        element of the intelligence community.</DELETED>
        <DELETED>    ``(B) In the Department of State or in the 
        Department of Homeland Security, if the recipient demonstrates 
        to the Secretary that no position is available in the 
        Department of Defense or in any element of the intelligence 
        community.</DELETED>
        <DELETED>    ``(C) In any other Federal department or agency 
        not referred to in subparagraphs (A) and (B), if the recipient 
        demonstrates to the Secretary that no position is available in 
        a Federal department or agency specified in such 
        paragraphs.''.</DELETED>
<DELETED>    (b) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out subsection (j) of section 802 of the David L. 
Boren National Security Education Act of 1991, as added by subsection 
(a). In prescribing such regulations, the Secretary shall establish 
standards that recipients of scholarship and fellowship assistance 
under the program under section 802 of the David L. Boren National 
Security Education Act of 1991 are required to demonstrate in order to 
satisfy the requirement of a good faith effort to gain employment as 
required under such subsection.</DELETED>
<DELETED>    (c) Applicability.--(1) The amendments made by subsection 
(a) shall apply with respect to service agreements entered into under 
the David L. Boren National Security Education Act of 1991 on or after 
the date of the enactment of this Act.</DELETED>
<DELETED>    (2) The amendments made by subsection (a) shall not affect 
the force, validity, or terms of any service agreement entered into 
under the David L. Boren National Security Education Act of 1991 before 
the date of the enactment of this Act that is in force as of that 
date.</DELETED>

<DELETED>SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE 
              INITIATIVE.</DELETED>

<DELETED>    (a) Increase in Annual Authorization of Appropriations.--
(1) Title VIII of the Intelligence Authorization Act for Fiscal Year 
1992 (Public Law 102-183; 105 Stat. 1271), as amended by section 311(c) 
of the Intelligence Authorization Act for Fiscal Year 1994 (Public Law 
103-178; 107 Stat. 2037) and by section 333(b) of the Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 
2397), is amended in subsection (a) of section 811 by striking ``there 
is authorized to be appropriated to the Secretary for each fiscal year, 
beginning with fiscal year 2003, $10,000,000,'' and inserting ``there 
is authorized to be appropriated to the Secretary for each of fiscal 
years 2003 and 2004, $10,000,000, and for fiscal year 2005 and each 
subsequent fiscal year, $12,000,000,''.</DELETED>
<DELETED>    (2) Subsection (b) of such section is amended by inserting 
``for fiscal years 2003 and 2004 only'' after ``authorization of 
appropriations under subsection (a)''.</DELETED>
<DELETED>    (b) Requirement for Employment Agreements.--(1) Section 
802(i) of the David L. Boren National Security Education Act of 1991 
(50 U.S.C. 1902(i)) is amended by adding at the end the following new 
paragraph:</DELETED>
<DELETED>    ``(5)(A) In the case of an undergraduate or graduate 
student that participates in training in programs under paragraph (1), 
the student shall enter into an agreement described in subsection (b), 
other than such a student who has entered into such an agreement 
pursuant to subparagraph (A)(ii) or (B)(ii) of section 
802(a)(1).</DELETED>
<DELETED>    ``(B) In the case of an employee of an agency or 
department of the Federal Government that participates in training in 
programs under paragraph (1), the employee shall agree in writing--
</DELETED>
        <DELETED>    ``(i) to continue in the service of the agency or 
        department of the Federal Government employing the employee for 
        the period of such training;</DELETED>
        <DELETED>    ``(ii) to continue in the service of such agency 
        or department employing the employee following completion of 
        such training for a period of two years for each year, or part 
        of the year, of such training;</DELETED>
        <DELETED>    ``(iii) to reimburse the United States for the 
        total cost of such training (excluding the employee's pay and 
        allowances) provided to the employee if, before the completion 
        by the employee of the training, the employment of the employee 
        by the agency or department is terminated due to misconduct by 
        the employee or by the employee voluntarily; and</DELETED>
        <DELETED>    ``(iv) to reimburse the United States if, after 
        completing such training, the employment of the employee by the 
        agency or department is terminated either by the agency or 
        department due to misconduct by the employee or by the employee 
        voluntarily, before the completion by the employee of the 
        period of service required in clause (ii), in an amount that 
        bears the same ratio to the total cost of the training 
        (excluding the employee's pay and allowances) provided to the 
        employee as the unserved portion of such period of service 
        bears to the total period of service under clause 
        (ii).</DELETED>
<DELETED>    ``(C) Subject to subparagraph (D), the obligation to 
reimburse the United States under an agreement under subparagraph (A) 
is for all purposes a debt owing the United States.</DELETED>
<DELETED>    ``(D) The head of an element of the intelligence community 
may release an employee, in whole or in part, from the obligation to 
reimburse the United States under an agreement under subparagraph (A) 
when, in the discretion of the head of the element, the head of the 
element determines that equity or the interests of the United States so 
require.''.</DELETED>
<DELETED>    (2) The amendment made by paragraph (1) shall apply to 
training that begins on or after the date that is 90 days after the 
date of the enactment of this Act.</DELETED>
<DELETED>    (c) Increase in the Number of Participating Educational 
Institutions.--The Secretary of Defense shall take such steps as the 
Secretary determines will increase the number of qualified educational 
institutions that receive grants under the National Flagship Language 
Initiative to establish, operate, or improve activities designed to 
train students in programs in a range of disciplines to achieve 
advanced levels of proficiency in those foreign languages that the 
Secretary identifies as being the most critical in the interests of the 
national security of the United States.</DELETED>
<DELETED>    (d) Clarification of Authority to Support Studies 
Abroad.--Educational institutions that receive grants under the 
National Flagship Language Initiative may support students who pursue 
total immersion foreign language studies overseas of foreign languages 
that are critical to the national security of the United 
States.</DELETED>

<DELETED>SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH 
              LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE 
              UNITED STATES WITHIN THE NATIONAL SECURITY EDUCATION 
              PROGRAM.</DELETED>

<DELETED>    (a) Scholarship Program for English Language Studies for 
Heritage Community Citizens of the United States.--(1) Subsection 
(a)(1) of section 802 of the David L. Boren National Security Education 
Act of 1991 (50 U.S.C. 1902) is amended--</DELETED>
        <DELETED>    (A) by striking ``and'' at the end of subparagraph 
        (C);</DELETED>
        <DELETED>    (B) by striking the period at the end of 
        subparagraph (D) and inserting ``; and''; and</DELETED>
        <DELETED>    (C) by adding at the end the following new 
        subparagraph:</DELETED>
                <DELETED>    ``(E) awarding scholarships to students 
                who--</DELETED>
                        <DELETED>    ``(i) are United States citizens 
                        who--</DELETED>
                                <DELETED>    ``(I) are native speakers 
                                (commonly referred to as heritage 
                                community residents) of a foreign 
                                language that is identified as critical 
                                to the national security interests of 
                                the United States who should be 
                                actively recruited for employment by 
                                Federal security agencies with a need 
                                for linguists; and</DELETED>
                                <DELETED>    ``(II) are not proficient 
                                at a professional level in the English 
                                language with respect to reading, 
                                writing, and interpersonal skills 
                                required to carry out the national 
                                security interests of the United 
                                States, as determined by the 
                                Secretary,</DELETED>
                        <DELETED>to enable such students to pursue 
                        English language studies at an institution of 
                        higher education of the United States to attain 
                        proficiency in those skills; and</DELETED>
                        <DELETED>    ``(ii) enter into an agreement to 
                        work in a national security position or work in 
                        the field of education in the area of study for 
                        which the scholarship was awarded in a similar 
                        manner (as determined by the Secretary) as 
                        agreements entered into pursuant to subsection 
                        (b)(2)(A).''.</DELETED>
<DELETED>    (2) The matter following subsection (a)(2) of such section 
is amended--</DELETED>
        <DELETED>    (A) in the first sentence, by inserting ``or for 
        the scholarship program under paragraph (1)(E)'' after ``under 
        paragraph (1)(D) for the National Flagship Language Initiative 
        described in subsection (i)''; and</DELETED>
        <DELETED>    (B) by adding at the end the following: ``For the 
        authorization of appropriations for the scholarship program 
        under paragraph (1)(E), see section 812.''.</DELETED>
<DELETED>    (3) Section 803(d)(4)(E) of such Act (50 U.S.C. 
1903(d)(4)(E)) is amended by inserting before the period the following: 
``and section 802(a)(1)(E) (relating to scholarship programs for 
advanced English language studies by heritage community 
residents)''.</DELETED>
<DELETED>    (b) Funding.--The David L. Boren National Security 
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at 
the end the following new section:</DELETED>

<DELETED>``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN 
              HERITAGE COMMUNITY RESIDENTS.</DELETED>

<DELETED>    ``There is authorized to be appropriated to the Secretary 
for each fiscal year, beginning with fiscal year 2005, $4,000,000, to 
carry out the scholarship programs for English language studies by 
certain heritage community residents under section 
802(a)(1)(E).</DELETED>

<DELETED>SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LANGUAGE AND 
              EDUCATION FOR THE INTELLIGENCE COMMUNITY; 
              REPORTS.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that 
there should be within the Office of the National Intelligence Director 
a senior official responsible to assist the National Intelligence 
Director in carrying out the Director's responsibilities for 
establishing policies and procedure for foreign language education and 
training of the intelligence community. The duties of such official 
should include the following:</DELETED>
        <DELETED>    (1) Overseeing and coordinating requirements for 
        foreign language education and training of the intelligence 
        community.</DELETED>
        <DELETED>    (2) Establishing policy, standards, and priorities 
        relating to such requirements.</DELETED>
        <DELETED>    (3) Identifying languages that are critical to the 
        capability of the intelligence community to carry out national 
        security activities of the United States.</DELETED>
        <DELETED>    (4) Monitoring the allocation of resources for 
        foreign language education and training in order to ensure the 
        requirements of the intelligence community with respect to 
        foreign language proficiency are met.</DELETED>
<DELETED>    (b) Reports.--Not later than one year after the date of 
the enactment of this Act, the National Intelligence Director shall 
submit to Congress the following reports:</DELETED>
        <DELETED>    (1) A report that identifies--</DELETED>
                <DELETED>    (A) skills and processes involved in 
                learning a foreign language; and</DELETED>
                <DELETED>    (B) characteristics and teaching 
                techniques that are most effective in teaching foreign 
                languages.</DELETED>
        <DELETED>    (2)(A) A report that identifies foreign language 
        heritage communities, particularly such communities that 
        include speakers of languages that are critical to the national 
        security of the United States.</DELETED>
        <DELETED>    (B) For purposes of subparagraph (A), the term 
        ``foreign language heritage community'' means a community of 
        residents or citizens of the United States--</DELETED>
                <DELETED>    (i) who are native speakers of, or who 
                have fluency in, a foreign language; and</DELETED>
                <DELETED>    (ii) who should be actively recruited for 
                employment by Federal security agencies with a need for 
                linguists.</DELETED>
        <DELETED>    (3) A report on--</DELETED>
                <DELETED>    (A) the estimated cost of establishing a 
                program under which the heads of elements of the 
                intelligence community agree to repay employees of the 
                intelligence community for any student loan taken out 
                by that employee for the study of foreign languages 
                critical for the national security of the United 
                States; and</DELETED>
                <DELETED>    (B) the effectiveness of such a program in 
                recruiting and retaining highly qualified personnel in 
                the intelligence community.</DELETED>

<DELETED>SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE 
              INTELLIGENCE COMMUNITY.</DELETED>

<DELETED>    (a) In General.--Title X of the National Security Act of 
1947 (50 U.S.C.) is amended--</DELETED>
        <DELETED>    (1) by inserting before section 1001 (50 U.S.C. 
        441g) the following:</DELETED>

       <DELETED>``Subtitle A--Science and Technology'';</DELETED>

        <DELETED>and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subtitles:</DELETED>

       <DELETED>``Subtitle B--Foreign Languages Program</DELETED>

<DELETED>``program on advancement of foreign languages critical to the 
                    intelligence community</DELETED>

<DELETED>    ``Sec. 1011. (a) Establishment of Program.--The Secretary 
of Defense and the National Intelligence Director may jointly establish 
a program to advance foreign languages skills in languages that are 
critical to the capability of the intelligence community to carry out 
national security activities of the United States (hereinafter in this 
subtitle referred to as the `Foreign Languages Program').</DELETED>
<DELETED>    ``(b) Identification of Requisite Actions.--In order to 
carry out the Foreign Languages Program, the Secretary of Defense and 
the National Intelligence Director shall jointly determine actions 
required to improve the education of personnel in the intelligence 
community in foreign languages that are critical to the capability of 
the intelligence community to carry out national security activities of 
the United States to meet the long-term intelligence needs of the 
United States.</DELETED>

              <DELETED>``education partnerships</DELETED>

<DELETED>    ``Sec. 1012. (a) In General.--In carrying out the Foreign 
Languages Program, the head of a department or agency containing an 
element of an intelligence community entity may enter into one or more 
education partnership agreements with educational institutions in the 
United States in order to encourage and enhance the study of foreign 
languages that are critical to the capability of the intelligence 
community to carry out national security activities of the United 
States in educational institutions.</DELETED>
<DELETED>    ``(b) Assistance Provided Under Educational Partnership 
Agreements.--Under an educational partnership agreement entered into 
with an educational institution pursuant to this section, the head of 
an element of an intelligence community entity may provide the 
following assistance to the educational institution:</DELETED>
        <DELETED>    ``(1) The loan of equipment and instructional 
        materials of the element of the intelligence community entity 
        to the educational institution for any purpose and duration 
        that the head determines to be appropriate.</DELETED>
        <DELETED>    ``(2) Notwithstanding any other provision of law 
        relating to transfers of surplus property, the transfer to the 
        educational institution of any computer equipment, or other 
        equipment, that is--</DELETED>
                <DELETED>    ``(A) commonly used by educational 
                institutions;</DELETED>
                <DELETED>    ``(B) surplus to the needs of the entity; 
                and</DELETED>
                <DELETED>    ``(C) determined by the head of the 
                element to be appropriate for support of such 
                agreement.</DELETED>
        <DELETED>    ``(3) The provision of dedicated personnel to the 
        educational institution--</DELETED>
                <DELETED>    ``(A) to teach courses in foreign 
                languages that are critical to the capability of the 
                intelligence community to carry out national security 
                activities of the United States; or</DELETED>
                <DELETED>    ``(B) to assist in the development of such 
                courses and materials for the institution.</DELETED>
        <DELETED>    ``(4) The involvement of faculty and students of 
        the educational institution in research projects of the element 
        of the intelligence community entity.</DELETED>
        <DELETED>    ``(5) Cooperation with the educational institution 
        in developing a program under which students receive academic 
        credit at the educational institution for work on research 
        projects of the element of the intelligence community 
        entity.</DELETED>
        <DELETED>    ``(6) The provision of academic and career advice 
        and assistance to students of the educational 
        institution.</DELETED>
        <DELETED>    ``(7) The provision of cash awards and other items 
        that the head of the element of the intelligence community 
        entity determines to be appropriate.</DELETED>

                <DELETED>``voluntary services</DELETED>

<DELETED>    ``Sec. 1013. (a) Authority To Accept Services.--
Notwithstanding section 1342 of title 31, United States Code, and 
subject to subsection (b), the Foreign Languages Program under section 
1011 shall include authority for the head of an element of an 
intelligence community entity to accept from any individual who is 
dedicated personnel (as defined in section 1016(3)) voluntary services 
in support of the activities authorized by this subtitle.</DELETED>
<DELETED>    ``(b) Requirements and Limitations.--(1) In accepting 
voluntary services from an individual under subsection (a), the head of 
the element shall--</DELETED>
        <DELETED>    ``(A) supervise the individual to the same extent 
        as the head of the element would supervise a compensated 
        employee of that element providing similar services; 
        and</DELETED>
        <DELETED>    ``(B) ensure that the individual is licensed, 
        privileged, has appropriate educational or experiential 
        credentials, or is otherwise qualified under applicable law or 
        regulations to provide such services.</DELETED>
<DELETED>    ``(2) In accepting voluntary services from an individual 
under subsection (a), the head of an element of the intelligence 
community entity may not--</DELETED>
        <DELETED>    ``(A) place the individual in a policymaking 
        position, or other position performing inherently government 
        functions; or</DELETED>
        <DELETED>    ``(B) compensate the individual for the provision 
        of such services.</DELETED>
<DELETED>    ``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of an element of an intelligence community entity 
may recruit and train individuals to provide voluntary services 
accepted under subsection (a).</DELETED>
<DELETED>    ``(d) Status of Individuals Providing Services.--(1) 
Subject to paragraph (2), while providing voluntary services accepted 
under subsection (a) or receiving training under subsection (c), an 
individual shall be considered to be an employee of the Federal 
Government only for purposes of the following provisions of 
law:</DELETED>
        <DELETED>    ``(A) Section 552a of title 5, United States Code 
        (relating to maintenance of records on individuals).</DELETED>
        <DELETED>    ``(B) Chapter 11 of title 18, United States Code 
        (relating to conflicts of interest).</DELETED>
<DELETED>    ``(2)(A) With respect to voluntary services accepted under 
paragraph (1) provided by an individual that are within the scope of 
the services so accepted, the individual is deemed to be a volunteer of 
a governmental entity or nonprofit institution for purposes of the 
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).</DELETED>
<DELETED>    ``(B) In the case of any claim against such an individual 
with respect to the provision of such services, section 4(d) of such 
Act (42 U.S.C. 14503(d)) shall not apply.</DELETED>
<DELETED>    ``(3) Acceptance of voluntary services under this section 
shall have no bearing on the issuance or renewal of a security 
clearance.</DELETED>
<DELETED>    ``(e) Reimbursement of Incidental Expenses.--(1) The head 
of an element of the intelligence community entity may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services accepted under subsection (a). The head of 
an element of the intelligence community entity shall determine which 
expenses are eligible for reimbursement under this 
subsection.</DELETED>
<DELETED>    ``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.</DELETED>
<DELETED>    ``(f) Authority To Install Equipment.--(1) The head of an 
element of the intelligence community may install telephone lines and 
any necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services accepted under subsection 
(a).</DELETED>
<DELETED>    ``(2) The head of an element of the intelligence community 
may pay the charges incurred for the use of equipment installed under 
paragraph (1) for authorized purposes.</DELETED>
<DELETED>    ``(3) Notwithstanding section 1348 of title 31, United 
States Code, the head of an element of the intelligence community 
entity may use appropriated funds or nonappropriated funds of the 
element in carrying out this subsection.</DELETED>

                    <DELETED>``regulations</DELETED>

<DELETED>    ``Sec. 1014. (a) In General.--The Secretary of Defense and 
the National Intelligence Director jointly shall promulgate regulations 
necessary to carry out the Foreign Languages Program authorized under 
this subtitle.</DELETED>
<DELETED>    ``(b) Elements of the Intelligence Community.--Each head 
of an element of an intelligence community entity shall prescribe 
regulations to carry out sections 1012 and 1013 with respect to that 
element including the following:</DELETED>
        <DELETED>    ``(1) Procedures to be utilized for the acceptance 
        of voluntary services under section 1013.</DELETED>
        <DELETED>    ``(2) Procedures and requirements relating to the 
        installation of equipment under section 1013(g).</DELETED>

                    <DELETED>``definitions</DELETED>

<DELETED>    ``Sec. 1015. In this subtitle:</DELETED>
        <DELETED>    ``(1) The term `intelligence community entity' 
        means an agency, office, bureau, or element referred to in 
        subparagraphs (B) through (K) of section 3(4).</DELETED>
        <DELETED>    ``(2) The term `educational institution' means--
        </DELETED>
                <DELETED>    ``(A) a local educational agency (as that 
                term is defined in section 9101(26) of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                7801(26))),</DELETED>
                <DELETED>    ``(B) an institution of higher education 
                (as defined in section 102 of the Higher Education Act 
                of 1965 (20 U.S.C. 1002) other than institutions 
                referred to in subsection (a)(1)(C) of such section), 
                or</DELETED>
                <DELETED>    ``(C) any other nonprofit institution that 
                provides instruction of foreign languages in languages 
                that are critical to the capability of the intelligence 
                community to carry out national security activities of 
                the United States.</DELETED>
        <DELETED>    ``(3) The term `dedicated personnel' means 
        employees of the intelligence community and private citizens 
        (including former civilian employees of the Federal Government 
        who have been voluntarily separated, and members of the United 
        States Armed Forces who have been honorably discharged or 
        generally discharged under honorable circumstances, and rehired 
        on a voluntary basis specifically to perform the activities 
        authorized under this subtitle).</DELETED>

    <DELETED>``Subtitle C--Additional Education Provisions</DELETED>

 <DELETED>``assignment of intelligence community personnel as language 
                           students</DELETED>

<DELETED>    ``Sec. 1021. (a) In General.--(1) The National 
Intelligence Director, acting through the heads of the elements of the 
intelligence community, may provide for the assignment of military and 
civilian personnel described in paragraph (2) as students at accredited 
professional, technical, or other institutions of higher education for 
training at the graduate or undergraduate level in foreign languages 
required for the conduct of duties and responsibilities of such 
positions.</DELETED>
<DELETED>    ``(2) Personnel referred to in paragraph (1) are personnel 
of the elements of the intelligence community who serve in analysts 
positions in such elements and who require foreign language expertise 
required for the conduct of duties and responsibilities of such 
positions.</DELETED>
<DELETED>    ``(b) Authority for Reimbursement of Costs of Tuition and 
Training.--(1) The Director may reimburse an employee assigned under 
subsection (a) for the total cost of the training described in 
subsection (a), including costs of educational and supplementary 
reading materials.</DELETED>
<DELETED>    ``(2) The authority under paragraph (1) shall apply to 
employees who are assigned on a full-time or part-time basis.</DELETED>
<DELETED>    ``(3) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.</DELETED>
<DELETED>    ``(c) Relationship to Compensation as an Analyst.--
Reimbursement under this section to an employee who is an analyst is in 
addition to any benefits, allowances, travels, or other compensation 
the employee is entitled to by reason of serving in such an analyst 
position.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents for the 
National Security Act of 1947 is amended by striking the item relating 
to section 1001 and inserting the following new items:</DELETED>

             <DELETED>``Subtitle A--Science and Technology

<DELETED>``Sec. 1001. Scholarships and work-study for pursuit of 
                            graduate degrees in science and technology.
            <DELETED>``Subtitle B--Foreign Languages Program

<DELETED>``Sec. 1011. Program on advancement of foreign languages 
                            critical to the intelligence community.
<DELETED>``Sec. 1012. Education partnerships.
<DELETED>``Sec. 1013. Voluntary services.
<DELETED>``Sec. 1014. Regulations.
<DELETED>``Sec. 1015. Definitions.
         <DELETED>``Subtitle C--Additional Education Provisions

<DELETED>``Sec. 1021. Assignment of intelligence community personnel as 
                            language students.''.

<DELETED>SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE 
              CORPS.</DELETED>

<DELETED>    (a) Pilot Project.--The National Intelligence Director 
shall conduct a pilot project to establish a Civilian Linguist Reserve 
Corps comprised of United States citizens with advanced levels of 
proficiency in foreign languages who would be available upon a call of 
the President to perform such service or duties with respect to such 
foreign languages in the Federal Government as the President may 
specify.</DELETED>
<DELETED>    (b) Conduct of Project.--Taking into account the findings 
and recommendations contained in the report required under section 325 
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2393), in conducting the pilot project under 
subsection (a) the National Intelligence Director shall--</DELETED>
        <DELETED>    (1) identify several foreign languages that are 
        critical for the national security of the United 
        States;</DELETED>
        <DELETED>    (2) identify United States citizens with advanced 
        levels of proficiency in those foreign languages who would be 
        available to perform the services and duties referred to in 
        subsection (a); and</DELETED>
        <DELETED>    (3) implement a call for the performance of such 
        services and duties.</DELETED>
<DELETED>    (c) Duration of Project.--The pilot project under 
subsection (a) shall be conducted for a three-year period.</DELETED>
<DELETED>    (d) Authority To Enter Into Contracts.--The National 
Intelligence Director may enter into contracts with appropriate 
agencies or entities to carry out the pilot project under subsection 
(a).</DELETED>
<DELETED>    (e) Reports.--(1) The National Intelligence Director shall 
submit to Congress an initial and a final report on the pilot project 
conducted under subsection (a).</DELETED>
<DELETED>    (2) Each report required under paragraph (1) shall contain 
information on the operation of the pilot project, the success of the 
pilot project in carrying out the objectives of the establishment of a 
Civilian Linguist Reserve Corps, and recommendations for the 
continuation or expansion of the pilot project.</DELETED>
<DELETED>    (3) The final report shall be submitted not later than 6 
months after the completion of the project.</DELETED>
<DELETED>    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to the National Intelligence Director such sums as 
are necessary for each of fiscal years 2005, 2006, and 2007 in order to 
carry out the pilot project under subsection (a).</DELETED>

<DELETED>SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL 
              VIRTUAL TRANSLATION CENTER.</DELETED>

<DELETED>    (a) In General.--Title I of the National Security Act of 
1947 (50 U.S.C. 402 et seq.), as amended by section 1021(a), is further 
amended by adding at the end the following new section:</DELETED>

        <DELETED>``national virtual translation center</DELETED>

<DELETED>    ``Sec. 120. (a) In General.--There is an element of the 
intelligence community known as the National Virtual Translation Center 
under the direction of the National Intelligence Director.</DELETED>
<DELETED>    ``(b) Function.--The National Virtual Translation Center 
shall provide for timely and accurate translations of foreign 
intelligence for all other elements of the intelligence 
community.</DELETED>
<DELETED>    ``(c) Facilitating Access to Translations.--In order to 
minimize the need for a central facility for the National Virtual 
Translation Center, the Center shall--</DELETED>
        <DELETED>    ``(1) use state-of-the-art communications 
        technology;</DELETED>
        <DELETED>    ``(2) integrate existing translation capabilities 
        in the intelligence community; and</DELETED>
        <DELETED>    ``(3) use remote-connection capacities.</DELETED>
<DELETED>    ``(d) Use of Secure Facilities.--Personnel of the National 
Virtual Translation Center may carry out duties of the Center at any 
location that--</DELETED>
        <DELETED>    ``(1) has been certified as a secure facility by 
        an agency or department of the United States; and</DELETED>
        <DELETED>    ``(2) the National Intelligence Director 
        determines to be appropriate for such purpose.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections for that 
Act, as amended by section 1021(b), is further amended by inserting 
after the item relating to section 119 the following new 
item:</DELETED>

<DELETED>``Sec. 120. National Virtual Translation Center.''.

<DELETED>SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED 
              INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.</DELETED>

<DELETED>    (a) Study.--The Secretary of Defense shall conduct a study 
on methods to improve the recruitment and retention of qualified 
foreign language instructors at the Foreign Language Center of the 
Defense Language Institute. In conducting the study, the Secretary 
shall consider, in the case of a foreign language instructor who is an 
alien, to expeditiously adjust the status of the alien from a temporary 
status to that of an alien lawfully admitted for permanent 
residence.</DELETED>
<DELETED>    (b) Report.--(1) Not later than one year after the date of 
the enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the study conducted 
under subsection (a), and shall include in that report recommendations 
for such changes in legislation and regulation as the Secretary 
determines to be appropriate.</DELETED>
<DELETED>    (2) Definition.--In this subsection, the term 
``appropriate congressional committees'' means the following:</DELETED>
        <DELETED>    (A) The Select Committee on Intelligence and the 
        Committee on Armed Services of the Senate.</DELETED>
        <DELETED>    (B) The Permanent Select Committee on Intelligence 
        and the Committee on Armed Services of the House of 
        Representatives.</DELETED>

     <DELETED>Subtitle F--Additional Improvements of Intelligence 
                          Activities</DELETED>

<DELETED>SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY 
              VOLUNTARY SEPARATION INCENTIVE PROGRAM.</DELETED>

<DELETED>    (a) Extension of Program.--Section 2 of the Central 
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) 
is amended--</DELETED>
        <DELETED>    (1) by striking subsection (f); and</DELETED>
        <DELETED>    (2) by redesignating subsections (g) and (h) as 
        subsections (f) and (g), respectively.</DELETED>
<DELETED>    (b) Termination of Funds Remittance Requirement.--(1) 
Section 2 of such Act (50 U.S.C. 403-4 note) is further amended by 
striking subsection (i).</DELETED>
<DELETED>    (2) Section 4(a)(2)(B)(ii) of the Federal Workforce 
Restructuring Act of 1994 (5 U.S.C. 8331 note) is amended by striking 
``, or section 2 of the Central Intelligence Agency Voluntary 
Separation Pay Act (Public Law 103-36; 107 Stat. 104)''.</DELETED>

<DELETED>SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES 
              PANEL.</DELETED>

<DELETED>    The National Security Agency Act of 1959 (50 U.S.C. 402 
note) is amended by adding at the end the following new 
section:</DELETED>
<DELETED>    ``Sec. 19. (a) There is established the National Security 
Agency Emerging Technologies Panel. The panel is a standing panel of 
the National Security Agency. The panel shall be appointed by, and 
shall report directly to, the Director.</DELETED>
<DELETED>    ``(b) The National Security Agency Emerging Technologies 
Panel shall study and assess, and periodically advise the Director on, 
the research, development, and application of existing and emerging 
science and technology advances, advances on encryption, and other 
topics.</DELETED>
<DELETED>    ``(c) The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply with respect to the National Security Agency Emerging 
Technologies Panel.''.</DELETED>

SEC. 1063. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE 
              COMMUNITY.

    The National Intelligence Director, 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 National Intelligence Director 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. 1064. IMPROVEMENT IN TRANSLATION AND DELIVERY OF SUSPECTED 
              TERRORIST COMMUNICATIONS.

    (a) Requirement for Prompt Translation and Transmission.--The 
National Intelligence Director shall develop and transmit to the 
appropriate agencies guidelines to ensure that all suspected terrorist 
communications, including transmissions, are translated and delivered 
in a manner consistent with timelines contained in regulations of the 
Federal Bureau of Investigations to the extent practicable.
    (b) Prevention of Deletion of Terrorist Communications.--The 
National Intelligence Director shall take such steps as are necessary 
to ensure that terrorist communications are not deleted or discarded 
before those communications are translated.

     <DELETED>Subtitle G--Conforming and Other Amendments</DELETED>

<DELETED>SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
              INTELLIGENCE DIRECTOR AND DIRECTOR OF THE CENTRAL 
              INTELLIGENCE AGENCY.</DELETED>

<DELETED>    (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 ``National Intelligence 
Director'':</DELETED>
        <DELETED>    (A) Section 3(5)(B) (50 U.S.C. 
        401a(5)(B)).</DELETED>
        <DELETED>    (B) Section 101(h)(2)(A) (50 U.S.C. 
        402(h)(2)(A)).</DELETED>
        <DELETED>    (C) Section 101(h)(5) (50 U.S.C. 
        402(h)(5)).</DELETED>
        <DELETED>    (D) Section 101(i)(2)(A) (50 U.S.C. 
        402(i)(2)(A)).</DELETED>
        <DELETED>    (E) Section 101(j) (50 U.S.C. 402(j)).</DELETED>
        <DELETED>    (F) Section 105(a) (50 U.S.C. 403-5(a)).</DELETED>
        <DELETED>    (G) Section 105(b)(6)(A) (50 U.S.C. 403-
        5(b)(6)(A)).</DELETED>
        <DELETED>    (H) Section 105B(a)(1) (50 U.S.C. 403-
        5b(a)(1)).</DELETED>
        <DELETED>    (I) Section 105B(b) (50 U.S.C. 403-5b(b)), the 
        first place it appears.</DELETED>
        <DELETED>    (J) Section 110(b) (50 U.S.C. 404e(b)).</DELETED>
        <DELETED>    (K) Section 110(c) (50 U.S.C. 404e(c)).</DELETED>
        <DELETED>    (L) Section 112(a)(1) (50 U.S.C. 
        404g(a)(1)).</DELETED>
        <DELETED>    (M) Section 112(d)(1) (50 U.S.C. 
        404g(d)(1)).</DELETED>
        <DELETED>    (N) Section 113(b)(2)(A) (50 U.S.C. 
        404h(b)(2)(A)).</DELETED>
        <DELETED>    (O) Section 114(a)(1) (50 U.S.C. 
        404i(a)(1)).</DELETED>
        <DELETED>    (P) Section 114(b)(1) (50 U.S.C. 
        404i(b)(1)).</DELETED>
        <DELETED>    (R) Section 115(a)(1) (50 U.S.C. 
        404j(a)(1)).</DELETED>
        <DELETED>    (S) Section 115(b) (50 U.S.C. 404j(b)).</DELETED>
        <DELETED>    (T) Section 115(c)(1)(B) (50 U.S.C. 
        404j(c)(1)(B)).</DELETED>
        <DELETED>    (U) Section 116(a) (50 U.S.C. 404k(a)).</DELETED>
        <DELETED>    (V) Section 117(a)(1) (50 U.S.C. 
        404l(a)(1)).</DELETED>
        <DELETED>    (W) Section 303(a) (50 U.S.C. 405(a)), both places 
        it appears.</DELETED>
        <DELETED>    (X) Section 501(d) (50 U.S.C. 413(d)).</DELETED>
        <DELETED>    (Y) Section 502(a) (50 U.S.C. 413a(a)).</DELETED>
        <DELETED>    (Z) Section 502(c) (50 U.S.C. 413a(c)).</DELETED>
        <DELETED>    (AA) Section 503(b) (50 U.S.C. 413b(b)).</DELETED>
        <DELETED>    (BB) Section 504(a)(3)(C) (50 U.S.C. 
        414(a)(3)(C)).</DELETED>
        <DELETED>    (CC) Section 504(d)(2) (50 U.S.C. 
        414(d)(2)).</DELETED>
        <DELETED>    (DD) Section 506A(a)(1) (50 U.S.C. 415a-
        1(a)(1)).</DELETED>
        <DELETED>    (EE) Section 603(a) (50 U.S.C. 423(a)).</DELETED>
        <DELETED>    (FF) Section 702(a)(1) (50 U.S.C. 
        432(a)(1)).</DELETED>
        <DELETED>    (GG) Section 702(a)(6)(B)(viii) (50 U.S.C. 
        432(a)(6)(B)(viii)).</DELETED>
        <DELETED>    (HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both 
        places it appears.</DELETED>
        <DELETED>    (II) Section 703(a)(1) (50 U.S.C. 
        432a(a)(1)).</DELETED>
        <DELETED>    (JJ) Section 703(a)(6)(B)(viii) (50 U.S.C. 
        432a(a)(6)(B)(viii)).</DELETED>
        <DELETED>    (KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), 
        both places it appears.</DELETED>
        <DELETED>    (LL) Section 704(a)(1) (50 U.S.C. 
        432b(a)(1)).</DELETED>
        <DELETED>    (MM) Section 704(f)(2)(H) (50 U.S.C. 
        432b(f)(2)(H)).</DELETED>
        <DELETED>    (NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), 
        both places it appears.</DELETED>
        <DELETED>    (OO) Section 1001(a) (50 U.S.C. 
        441g(a)).</DELETED>
        <DELETED>    (PP) Section 1102(a)(1) (50 U.S.C. 
        442a(a)(1)).</DELETED>
        <DELETED>    (QQ) Section 1102(b)(1) (50 U.S.C. 
        442a(b)(1)).</DELETED>
        <DELETED>    (RR) Section 1102(c)(1) (50 U.S.C. 
        442a(c)(1)).</DELETED>
        <DELETED>    (SS) Section 1102(d) (50 U.S.C. 
        442a(d)).</DELETED>
<DELETED>    (2) That Act is further amended by striking ``of Central 
Intelligence'' each place it appears in the following 
provisions:</DELETED>
        <DELETED>    (A) Section 105(a)(2) (50 U.S.C. 403-
        5(a)(2)).</DELETED>
        <DELETED>    (B) Section 105B(a)(2) (50 U.S.C. 403-
        5b(a)(2)).</DELETED>
        <DELETED>    (C) Section 105B(b) (50 U.S.C. 403-5b(b)), the 
        second place it appears.</DELETED>
<DELETED>    (3) That Act is further amended by striking ``Director'' 
each place it appears in the following provisions and inserting 
``National Intelligence Director'':</DELETED>
        <DELETED>    (A) Section 114(c) (50 U.S.C. 404i(c)).</DELETED>
        <DELETED>    (B) Section 116(b) (50 U.S.C. 404k(b)).</DELETED>
        <DELETED>    (C) Section 1001(b) (50 U.S.C. 441g(b)).</DELETED>
        <DELETED>    (C) Section 1001(c) (50 U.S.C. 441g(c)), the first 
        place it appears.</DELETED>
        <DELETED>    (D) Section 1001(d)(1)(B) (50 U.S.C. 
        441g(d)(1)(B)).</DELETED>
        <DELETED>    (E) Section 1001(e) (50 U.S.C. 441g(e)), the first 
        place it appears.</DELETED>
<DELETED>    (4) Section 114A of that Act (50 U.S.C. 404i-1) is amended 
by striking ``Director of Central Intelligence'' and inserting 
``National Intelligence Director, the Director of the Central 
Intelligence Agency''</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (6) Section 701 of that Act (50 U.S.C. 431) is amended--
</DELETED>
        <DELETED>    (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 National Intelligence Director, may exempt operational 
        files of the Central Intelligence Agency''; and</DELETED>
        <DELETED>    (B) in subsection (g)(1), by striking ``Director 
        of Central Intelligence'' and inserting ``Director of the 
        Central Intelligence Agency and the National Intelligence 
        Director''.</DELETED>
<DELETED>    (7) The heading for section 114 of that Act (50 U.S.C. 
404i) is amended to read as follows:</DELETED>

  <DELETED>``additional annual reports from the national intelligence 
                         director''.</DELETED>

<DELETED>    (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 ``National 
Intelligence Director'':</DELETED>
        <DELETED>    (A) Section 6 (50 U.S.C. 403g).</DELETED>
        <DELETED>    (B) Section 17(f) (50 U.S.C. 403q(f)), both places 
        it appears.</DELETED>
<DELETED>    (2) That Act is further amended by striking ``of Central 
Intelligence'' in each of the following provisions:</DELETED>
        <DELETED>    (A) Section 2 (50 U.S.C. 403b).</DELETED>
        <DELETED>    (A) Section 16(c)(1)(B) (50 U.S.C. 
        403p(c)(1)(B)).</DELETED>
        <DELETED>    (B) Section 17(d)(1) (50 U.S.C. 
        403q(d)(1)).</DELETED>
        <DELETED>    (C) Section 20(c) (50 U.S.C. 403t(c)).</DELETED>
<DELETED>    (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'':</DELETED>
        <DELETED>    (A) Section 14(b) (50 U.S.C. 403n(b)).</DELETED>
        <DELETED>    (B) Section 16(b)(2) (50 U.S.C. 
        403p(b)(2)).</DELETED>
        <DELETED>    (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both 
        places it appears.</DELETED>
        <DELETED>    (D) Section 21(g)(1) (50 U.S.C. 
        403u(g)(1)).</DELETED>
        <DELETED>    (E) Section 21(g)(2) (50 U.S.C. 
        403u(g)(2)).</DELETED>
<DELETED>    (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):</DELETED>
        <DELETED>    ``(2) Director.--The term `Director' means the 
        Director of the Central Intelligence Agency.''.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    ``(1) the term `Director' means the Director of 
        the Central Intelligence Agency;''.</DELETED>
<DELETED>    (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 ``National Intelligence 
Director''.</DELETED>
<DELETED>    (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 
``National Intelligence Director''.</DELETED>
<DELETED>    (g) Intelligence Authorization Acts.--</DELETED>
        <DELETED>    (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 ``National 
        Intelligence Director''.</DELETED>
        <DELETED>    (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 ``National 
        Intelligence Director'':</DELETED>
                <DELETED>    (i) Section 313(a) (50 U.S.C. 
                404n(a)).</DELETED>
                <DELETED>    (ii) Section 343(a)(1) (50 U.S.C. 404n-
                2(a)(1))</DELETED>
        <DELETED>    (B) That Act is further amended by striking 
        ``Director of Central Intelligence'' each place it appears in 
        the following provisions and inserting ``National Intelligence 
        Director'':</DELETED>
                <DELETED>    (i) Section 902(a)(2) (50 U.S.C. 
                402b(a)(2)).</DELETED>
                <DELETED>    (ii) Section 904(e)(4) (50 U.S.C. 
                402c(e)(4)).</DELETED>
                <DELETED>    (iii) Section 904(e)(5) (50 U.S.C. 
                402c(e)(5)).</DELETED>
                <DELETED>    (iv) Section 904(h) (50 U.S.C. 402c(h)), 
                each place it appears.</DELETED>
                <DELETED>    (v) Section 904(m) (50 U.S.C. 
                402c(m)).</DELETED>
        <DELETED>    (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 ``National 
        Intelligence Director shall establish within the Central 
        Intelligence Agency''.</DELETED>
        <DELETED>    (D) Section 352(b) of that Act (50 U.S.C. 404-3 
        note) is amended by striking ``Director'' and inserting 
        ``National Intelligence Director''.</DELETED>
        <DELETED>    (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 
        ``National Intelligence Director'':</DELETED>
                <DELETED>    (i) Section 317(a) (50 U.S.C. 403-3 
                note).</DELETED>
                <DELETED>    (ii) Section 317(h)(1).</DELETED>
                <DELETED>    (iii) Section 318(a) (50 U.S.C. 441g 
                note).</DELETED>
                <DELETED>    (iv) Section 319(b) (50 U.S.C. 403 
                note).</DELETED>
                <DELETED>    (v) Section 341(b) (28 U.S.C. 519 
                note).</DELETED>
                <DELETED>    (vi) Section 357(a) (50 U.S.C. 403 
                note).</DELETED>
                <DELETED>    (vii) Section 504(a) (117 Stat. 2634), 
                both places it appears.</DELETED>
        <DELETED>    (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 ``National Intelligence 
        Director''.</DELETED>
        <DELETED>    (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''.</DELETED>

<DELETED>SEC. 1072. OTHER CONFORMING AMENDMENTS</DELETED>

<DELETED>    (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 
``Deputy National Intelligence Director''.</DELETED>
<DELETED>    (2) 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(g) of this Act''.</DELETED>
<DELETED>    (3) 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 Deputy National Intelligence 
Director, or with respect to employees of the Central Intelligence 
Agency, to the Director of the Central Intelligence Agency''.</DELETED>
<DELETED>    (4) 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 National 
Intelligence Director''.</DELETED>
<DELETED>    (5) 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 National Intelligence 
Director''.</DELETED>
<DELETED>    (6) 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 National Intelligence 
Director''.</DELETED>
<DELETED>    (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(g) of the National 
Security Act of 1947''.</DELETED>
<DELETED>    (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(g) of 
the National Security Act of 1947 (50 U.S.C. 403-3(c)(1)) that the 
National Intelligence Director''.</DELETED>
<DELETED>    (d) Intelligence Authorization Acts.--</DELETED>
        <DELETED>    (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(g) of the National 
        Security Act of 1947 (50 U.S.C. 403-3(c)(1))''.</DELETED>
        <DELETED>    (B) Section 904 of that Act (50 U.S.C. 402c) is 
        amended--</DELETED>
                <DELETED>    (i) in subsection (c), by striking 
                ``Office of the Director of Central Intelligence'' and 
                inserting ``Office of the National Intelligence 
                Director''; and</DELETED>
                <DELETED>    (ii) in subsection (l), by striking 
                ``Office of the Director of Central Intelligence'' and 
                inserting ``Office of the National Intelligence 
                Director''.</DELETED>
        <DELETED>    (2) Public law 108-177.--Section 317 of the 
        Intelligence Authorization Act for Fiscal Year 2004 (Public Law 
        108-177; 50 U.S.C. 403-3 note) is amended--</DELETED>
                <DELETED>    (A) in subsection (g), by striking 
                ``Assistant Director of Central Intelligence for 
                Analysis and Production'' and inserting ``Deputy 
                National Intelligence Director''; and</DELETED>
                <DELETED>    (B) in subsection (h)(2)(C), by striking 
                ``Assistant Director'' and inserting ``Deputy National 
                Intelligence Director''.</DELETED>

<DELETED>SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL 
              SECURITY ACT OF 1947.</DELETED>

<DELETED>    Paragraph (4) of section 3 of the National Security Act of 
1947 (50 U.S.C. 401a) is amended to read as follows:</DELETED>
        <DELETED>    ``(4) The term `intelligence community' includes 
        the following:</DELETED>
                <DELETED>    ``(A) The Office of the National 
                Intelligence Director.</DELETED>
                <DELETED>    ``(B) The Central Intelligence 
                Agency.</DELETED>
                <DELETED>    ``(C) The National Security 
                Agency.</DELETED>
                <DELETED>    ``(D) The Defense Intelligence 
                Agency.</DELETED>
                <DELETED>    ``(E) The National Geospatial-Intelligence 
                Agency.</DELETED>
                <DELETED>    ``(F) The National Reconnaissance 
                Office.</DELETED>
                <DELETED>    ``(G) Other offices within the Department 
                of Defense for the collection of specialized national 
                intelligence through reconnaissance programs.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(I) The Bureau of Intelligence and 
                Research of the Department of State.</DELETED>
                <DELETED>    ``(J) The Office of Intelligence and 
                Analysis of the Department of the Treasury.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(L) Such other elements of any other 
                department or agency as may be designated by the 
                President, or designated jointly by the National 
                Intelligence Director and the head of the department or 
                agency concerned, as an element of the intelligence 
                community.''.</DELETED>

<DELETED>SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE 
              PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.</DELETED>

<DELETED>    (a) Redesignation.--Paragraph (6) of section 3 of the 
National Security Act of 1947 (50 U.S.C. 401a) is amended by striking 
``Foreign''.</DELETED>
<DELETED>    (b) Conforming Amendments.--(1) Section 506(a) of the 
National Security Act of 1947 (50 U.S.C. 415a(a)) is amended by 
striking ``National Foreign Intelligence Program'' and inserting 
``National Intelligence Program''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Heading Amendment.--The heading of section 506 of that 
Act is amended by striking ``foreign''.</DELETED>

<DELETED>SEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES.</DELETED>

<DELETED>    (a) Appointment of Certain Intelligence Officials.--
Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6) is 
repealed.</DELETED>
<DELETED>    (b) Collection Tasking Authority.--Section 111 of the 
National Security Act of 1947 (50 U.S.C. 404f) is repealed.</DELETED>

<DELETED>SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 
              1947.</DELETED>

<DELETED>    The table of contents for the National Security Act of 
1947 is amended--</DELETED>
        <DELETED>    (1) by striking the items relating to sections 102 
        through 104 and inserting the following new items:</DELETED>

<DELETED>``Sec. 102. National Intelligence Director.
<DELETED>``Sec. 102A. Responsibilities and authorities of National 
                            Intelligence Director.
<DELETED>``Sec. 103. Office of the National Intelligence Director.
<DELETED>``Sec. 104. Central Intelligence Agency.
<DELETED>``Sec. 104A. Director of the Central Intelligence Agency.''; 
                            and
        <DELETED>    (2) by striking the item relating to section 114 
        and inserting the following new item:</DELETED>

<DELETED>``Sec. 114. Additional annual reports from the National 
                            Intelligence Director.'';
        <DELETED>    and</DELETED>
        <DELETED>    (3) by striking the item relating to section 506 
        and inserting the following new item:</DELETED>

<DELETED>``Sec. 506. Specificity of National Intelligence Program 
                            budget amounts for counterterrorism, 
                            counterproliferation, counternarcotics, and 
                            counterintelligence''.

<DELETED>SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL 
              SERVICE OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE 
              AGENCY.</DELETED>

<DELETED>    Section 1 of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403a) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (a), (b), and (c) 
        as paragraphs (1), (2), and (3), respectively; and</DELETED>
        <DELETED>    (2) by striking paragraph (2), as so redesignated, 
        and inserting the following new paragraph (2):</DELETED>
<DELETED>    ``(2) `Director' means the Director of the Central 
Intelligence Agency; and''.</DELETED>

<DELETED>SEC. 1078. ACCESS TO INSPECTOR GENERAL PROTECTIONS.</DELETED>

<DELETED>    Section 17(a)(1) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403q(a)(1)) is amended by inserting before the 
semicolon at the end the following: ``and to programs and operations of 
the Office of the National Intelligence Director''.</DELETED>

<DELETED>SEC. 1079. GENERAL REFERENCES.</DELETED>

<DELETED>    (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 National Intelligence 
Director.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 National Intelligence 
Director.</DELETED>

<DELETED>SEC. 1080. APPLICATION OF OTHER LAWS.</DELETED>

<DELETED>    (a) Political Service of Personnel.--Section 
7323(b)(2)(B)(i) of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) in subclause (XII), by striking ``or'' at the 
        end; and</DELETED>
        <DELETED>    (2) by inserting after subclause (XIII) the 
        following new subclause:</DELETED>
                <DELETED>    ``(XIV) the Office of the National 
                Intelligence Director; or''.</DELETED>
<DELETED>    (b) Deletion of Information About Foreign Gifts.--Section 
7342(f)(4) of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after ``(4)'';</DELETED>
        <DELETED>    (2) in subparagraph (A), as so designated, by 
        striking ``the Director of Central Intelligence'' and inserting 
        ``the Director of the Central Intelligence Agency''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
<DELETED>    ``(B) In transmitting such listings for the Office of the 
National Intelligence Director, the National Intelligence Director 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.''.</DELETED>
<DELETED>    (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 National Intelligence Director,'' before 
``the Central Intelligence Agency''.</DELETED>

   <DELETED>Subtitle H--Transfer, Termination, Transition and Other 
                          Provisions</DELETED>

<DELETED>SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.</DELETED>

<DELETED>    (a) Transfer.--There shall be transferred to the Office of 
the National Intelligence Director the staff of the Community 
Management Staff as of the date of the enactment of this Act, including 
all functions and activities discharged by the Community Management 
Staff as of that date.</DELETED>
<DELETED>    (b) Administration.--The National Intelligence Director 
shall administer the Community Management Staff after the date of the 
enactment of this Act as a component of the Office of the National 
Intelligence Director under section 103(b) of the National Security Act 
of 1947, as amended by section 1011(a).</DELETED>

<DELETED>SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION 
              CENTER.</DELETED>

<DELETED>    (a) Transfer.--There shall be transferred to the National 
counterterrorism Center the Terrorist Threat Integration Center (TTIC), 
including all functions and activities discharged by the Terrorist 
Threat Integration Center as of the date of the enactment of this 
Act.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF 
              CENTRAL INTELLIGENCE.</DELETED>

<DELETED>    (a) Termination.--The positions within the Central 
Intelligence Agency referred to in subsection (b) are hereby 
abolished.</DELETED>
<DELETED>    (b) Covered Positions.--The positions within the Central 
Intelligence Agency referred to in this subsection are as 
follows:</DELETED>
        <DELETED>    (1) The Assistant Director of Central Intelligence 
        for Collection.</DELETED>
        <DELETED>    (2) The Assistant Director of Central Intelligence 
        for Analysis and Production.</DELETED>
        <DELETED>    (3) The Assistant Director of Central Intelligence 
        for Administration.</DELETED>

<DELETED>SEC. 1094. IMPLEMENTATION PLAN.</DELETED>

<DELETED>    (a) Submission of 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:</DELETED>
        <DELETED>    (1) The transfer of personnel, assets, and 
        obligations to the National Intelligence Director pursuant to 
        this title.</DELETED>
        <DELETED>    (2) Any consolidation, reorganization, or 
        streamlining of activities transferred to the National 
        Intelligence Director pursuant to this title.</DELETED>
        <DELETED>    (3) The establishment of offices within the Office 
        of the National Intelligence Director to implement the duties 
        and responsibilities of the National Intelligence Director as 
        described in this title.</DELETED>
        <DELETED>    (4) Specification of any proposed disposition of 
        property, facilities, contracts, records, and other assets and 
        obligations to be transferred to the National Intelligence 
        Director.</DELETED>
        <DELETED>    (5) Recommendations for additional legislative or 
        administrative action as the Director considers 
        appropriate.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that 
the permanent location for the headquarters for the Office of the 
National Intelligence Director, should be at a location other than the 
George Bush Center for Intelligence in Langley, Virginia.</DELETED>

<DELETED>SEC. 1095. TRANSITIONAL AUTHORITIES.</DELETED>

<DELETED>    Upon the request of the National Intelligence Director, 
the head of any executive agency may, on a reimbursable basis, provide 
services or detail personnel to the National Intelligence 
Director.</DELETED>

<DELETED>SEC. 1096. EFFECTIVE DATES.</DELETED>

<DELETED>    (a) In General.--Except as otherwise expressly provided in 
this Act, this title and the amendments made by this title shall take 
effect on the date of the enactment of this Act.</DELETED>
<DELETED>    (b) Specific Effective Dates.--(1)(A) Not later than 60 
days after the date of the enactment of this Act, the National 
Intelligence Director shall first appoint individuals to positions 
within the Office of the National Intelligence Director.</DELETED>
<DELETED>    (B) Subparagraph (A) shall not apply with respect to the 
Deputy National Intelligence Director.</DELETED>
<DELETED>    (2) Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to Congress the 
implementation plan required under section 1904.</DELETED>
<DELETED>    (3) Not later than one year after the date of the 
enactment of this Act, the National Intelligence Director 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).</DELETED>

                       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.

   <DELETED>TITLE II--TERRORISM PREVENTION AND PROSECUTION</DELETED>

    <DELETED>Subtitle A--Individual Terrorists as Agents of Foreign 
                            Powers</DELETED>

<DELETED>SECTION 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN 
              POWERS.</DELETED>

<DELETED>    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:</DELETED>
                <DELETED>    ``(C) engages in international terrorism 
                or activities in preparation therefor; or''.</DELETED>

    <DELETED>Subtitle B--Stop Terrorist and Military Hoaxes Act of 
                             2004</DELETED>

<DELETED>SEC. 2021. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Stop Terrorist and 
Military Hoaxes Act of 2004''.</DELETED>

<DELETED>SEC. 2022. HOAXES AND RECOVERY COSTS.</DELETED>

<DELETED>    (a) Prohibition on Hoaxes.--Chapter 47 of title 18, United 
States Code, is amended by inserting after section 1037 the 
following:</DELETED>
<DELETED>``Sec. 1038. False information and hoaxes</DELETED>
<DELETED>    ``(a) Criminal Violation.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) be fined under this title or 
                imprisoned not more than 5 years, or both;</DELETED>
                <DELETED>    ``(B) if serious bodily injury results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and</DELETED>
                <DELETED>    ``(C) if death results, be fined under 
                this title or imprisoned for any number of years up to 
                life, or both.</DELETED>
        <DELETED>    ``(2) Armed forces.--Whoever, without lawful 
        authority, makes a false statement, with intent to convey false 
        or misleading information, about the death, injury, capture, or 
        disappearance of a member of the Armed Forces of the United 
        States during a war or armed conflict in which the United 
        States is engaged, shall--</DELETED>
                <DELETED>    ``(A) be fined under this title or 
                imprisoned not more than 5 years, or both;</DELETED>
                <DELETED>    ``(B) if serious bodily injury results, be 
                fined under this title or imprisoned not more than 25 
                years, or both; and</DELETED>
                <DELETED>    ``(C) if death results, be fined under 
                this title or imprisoned for any number of years up to 
                life, or both.</DELETED>
<DELETED>    ``(b) Civil Action.--Whoever knowingly engages in any 
conduct with intent to convey false or misleading information under 
circumstances where such information may reasonably be believed and 
where such information indicates that an activity has taken, is taking, 
or will take place that would constitute a violation of chapter 2, 10, 
11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second 
sentence of section 46504, section 46505 (b)(3) or (c), section 46506 
if homicide or attempted homicide is involved, or section 60123(b) of 
title 49 is liable in a civil action to any party incurring expenses 
incident to any emergency or investigative response to that conduct, 
for those expenses.</DELETED>
<DELETED>    ``(c) Reimbursement.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Civil judgment.--An order of reimbursement 
        under this subsection shall, for the purposes of enforcement, 
        be treated as a civil judgment.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``1038. False information and hoaxes.''.

<DELETED>SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN 
              TERRORISM CASES.</DELETED>

<DELETED>    (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 matter relates to 
international or domestic terrorism (as defined in section 2331), 
imprisoned not more than 10 years, or both''.</DELETED>
<DELETED>    (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 a matter relating to 
international or domestic terrorism, as defined in section 2331 of such 
title.</DELETED>

<DELETED>SEC. 2024. CLARIFICATION OF DEFINITION.</DELETED>

<DELETED>    Section 1958 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``facility in'' 
        and inserting ``facility of''; and</DELETED>
        <DELETED>    (2) in subsection (b)(2), by inserting ``or 
        foreign'' after ``interstate''.</DELETED>

    <DELETED>Subtitle C--Material Support to Terrorism Prohibition 
                   Enhancement Act of 2004</DELETED>

<DELETED>SEC. 2041. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Material Support to 
Terrorism Prohibition Enhancement Act of 2004''.</DELETED>

<DELETED>SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN 
              TERRORIST ORGANIZATION.</DELETED>

<DELETED>    Chapter 113B of title 18, United States Code, is amended 
by adding after section 2339C the following new section:</DELETED>
<DELETED>``Sec. 2339D. Receiving military-type training from a foreign 
              terrorist organization</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Extraterritorial Jurisdiction.--There is 
extraterritorial Federal jurisdiction over an offense under this 
section. There is jurisdiction over an offense under subsection (a) 
if--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(2) an offender is a stateless person whose 
        habitual residence is in the United States;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) the offense occurs in whole or in part 
        within the United States;</DELETED>
        <DELETED>    ``(5) the offense occurs in or affects interstate 
        or foreign commerce;</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Definitions.--As used in this section--</DELETED>
        <DELETED>    ``(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));</DELETED>
        <DELETED>    ``(2) the term `serious bodily injury' has the 
        meaning given that term in section 1365(h)(3);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.</DELETED>

<DELETED>    (a) Additions to Offense of Providing Material Support to 
Terrorists.--Section 2339A(a) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by designating the first sentence as paragraph 
        (1);</DELETED>
        <DELETED>    (2) by designating the second sentence as 
        paragraph (3);</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) as so 
        designated by this subsection the following:</DELETED>
        <DELETED>    ``(2) (A) Whoever in a circumstance described in 
        subparagraph (B) provides material support or resources or 
        conceals or disguises the nature, location, source, or 
        ownership of material support or resources, knowing or 
        intending that they are to be used in preparation for, or in 
        carrying out, an act of international or domestic terrorism (as 
        defined in section 2331), or in preparation for, or in carrying 
        out, the concealment or escape from the commission of any such 
        act, or attempts or conspires to do so, shall be punished as 
        provided under paragraph (1) for an offense under that 
        paragraph.</DELETED>
        <DELETED>    ``(B) The circumstances referred to in 
        subparagraph (A) are any of the following:</DELETED>
                <DELETED>    ``(i) The offense occurs in or affects 
                interstate or foreign commerce.</DELETED>
                <DELETED>    ``(ii) The act of terrorism is an act of 
                international or domestic terrorism that violates the 
                criminal law of the United States.</DELETED>
                <DELETED>    ``(iii) The act of terrorism is an act of 
                domestic terrorism that appears to be intended to 
                influence the policy, or affect the conduct, of the 
                Government of the United States or a foreign 
                government.</DELETED>
                <DELETED>    ``(iv) An offender, acting within the 
                United States or outside the territorial jurisdiction 
                of the United States, is a national of the United 
                States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act, an alien lawfully 
                admitted for permanent residence in the United States 
                (as defined in section 101(a)(20) of the Immigration 
                and Nationality Act , or a stateless person whose 
                habitual residence is in the United States, and the act 
                of terrorism is an act of international terrorism that 
                appears to be intended to influence the policy, or 
                affect the conduct, of the Government of the United 
                States or a foreign government.</DELETED>
                <DELETED>    ``(v) An offender, acting within the 
                United States, is an alien, and the act of terrorism is 
                an act of international terrorism that appears to be 
                intended to influence the policy, or affect the 
                conduct, of the Government of the United States or a 
                foreign government.</DELETED>
                <DELETED>    ``(vi) An offender, acting outside the 
                territorial jurisdiction of the United States, is an 
                alien and the act of terrorism is an act of 
                international terrorism that appears to be intended to 
                influence the policy of, or affect the conduct of, the 
                Government of the United States.</DELETED>
                <DELETED>    ``(vii) An offender aids or abets any 
                person over whom jurisdiction exists under this 
                paragraph in committing an offense under this paragraph 
                or conspires with any person over whom jurisdiction 
                exists under this paragraph to commit an offense under 
                this paragraph.''; and</DELETED>
        <DELETED>    (4) by inserting ``act or'' after 
        ``underlying''.</DELETED>
<DELETED>    (b) Definitions.--Section 2339A(b) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``In this'' and inserting ``(1) In 
        this'';</DELETED>
        <DELETED>    (2) by inserting ``any property, tangible or 
        intangible, or service, including'' after ``means'';</DELETED>
        <DELETED>    (3) by inserting ``(one or more individuals who 
        may be or include oneself)'' after ``personnel'';</DELETED>
        <DELETED>    (4) by inserting ``and'' before 
        ``transportation'';</DELETED>
        <DELETED>    (5) by striking ``and other physical assets''; 
        and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
<DELETED>    ``(2) As used in this subsection, the term `training' 
means instruction or teaching designed to impart a specific skill, as 
opposed to general knowledge, and the term `expert advice or 
assistance' means advice or assistance derived from scientific, 
technical or other specialized knowledge.''.</DELETED>
<DELETED>    (c) Addition to Offense of Providing Material Support to 
Terrorist Organizations.--Section 2339B(a)(1) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``, within the United States or 
        subject to the jurisdiction of the United States,'' and 
        inserting ``in a circumstance described in paragraph (2)'' ; 
        and</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (d) Federal Authority.--Section 2339B(d) of title 18 is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``There''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(2) The circumstances referred to in paragraph (1) are 
any of the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(B) An offender is a stateless person whose 
        habitual residence is in the United States.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(D) The offense occurs in whole or in part 
        within the United States.</DELETED>
        <DELETED>    ``(E) The offense occurs in or affects interstate 
        or foreign commerce.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (e) Definition.--Paragraph (4) of section 2339B(g) of 
title 18, United States Code, is amended to read as follows:</DELETED>
        <DELETED>    ``(4) the term `material support or resources' has 
        the same meaning given that term in section 2339A;''.</DELETED>
<DELETED>    (f) Additional Provisions.--Section 2339B of title 18, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(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 one 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.</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2044. FINANCING OF TERRORISM.</DELETED>

<DELETED>    (a) Financing Terrorism.--Section 2339c(c)(2) of title 18, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``, resources, or funds'' and 
        inserting ``or resources, or any funds or proceeds of such 
        funds'';</DELETED>
        <DELETED>    (2) in subparagraph (A), by striking ``were 
        provided'' and inserting ``are to be provided, or knowing that 
        the support or resources were provided,''; and</DELETED>
        <DELETED>    (3) in subparagraph (B)--</DELETED>
                <DELETED>    (A) by striking ``or any proceeds of such 
                funds''; and</DELETED>
                <DELETED>    (B) by striking ``were provided or 
                collected'' and inserting ``are to be provided or 
                collected, or knowing that the funds were provided or 
                collected,''.</DELETED>
<DELETED>    (b) Definitions.--Section 2339c(e) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        (12);</DELETED>
        <DELETED>    (2) by redesignating paragraph (13) as paragraph 
        (14); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (12) the 
        following:</DELETED>
        <DELETED>    ``(13) the term `material support or resources' 
        has the same meaning given that term in section 2339B(g)(4) of 
        this title; and''.</DELETED>

     <DELETED>Subtitle D--Weapons of Mass Destruction Prohibition 
                   Improvement Act of 2004</DELETED>

<DELETED>SEC. 2051. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Weapons of Mass 
Destruction Prohibition Improvement Act of 2004''.</DELETED>

<DELETED>SEC. 2052. WEAPONS OF MASS DESTRUCTION.</DELETED>

<DELETED>    (a) Expansion of Jurisdictional Bases and Scope.--Section 
2332a of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) so that paragraph (2) of subsection (a) reads 
        as follows:</DELETED>
        <DELETED>    ``(2) against any person or property within the 
        United States, and</DELETED>
                <DELETED>    ``(A) the mail or any facility of 
                interstate or foreign commerce is used in furtherance 
                of the offense;</DELETED>
                <DELETED>    ``(B) such property is used in interstate 
                or foreign commerce or in an activity that affects 
                interstate or foreign commerce;</DELETED>
                <DELETED>    ``(C) any perpetrator travels in or causes 
                another to travel in interstate or foreign commerce in 
                furtherance of the offense; or</DELETED>
                <DELETED>    ``(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;'';</DELETED>
        <DELETED>    (2) in paragraph (3) of subsection (a), by 
        striking the comma at the end and inserting ``; or'';</DELETED>
        <DELETED>    (3) in subsection (a), by adding the following at 
        the end:</DELETED>
        <DELETED>    ``(4) against any property within the United 
        States that is owned, leased, or used by a foreign 
        government,'';</DELETED>
        <DELETED>    (4) at the end of subsection (c)(1), by striking 
        ``and'';</DELETED>
        <DELETED>    (5) in subsection (c)(2), by striking the period 
        at the end and inserting ``; and''; and</DELETED>
        <DELETED>    (6) in subsection (c), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(3) the term `property' includes all real and 
        personal property.''.</DELETED>
<DELETED>    (b) Restoration of the Coverage of Chemical Weapons.--
Section 2332a of title 18, United States Code, as amended by subsection 
(a), is further amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking 
        ``certain'';</DELETED>
        <DELETED>    (2) in subsection (a), by striking ``(other than a 
        chemical weapon as that term is defined in section 229F)''; 
        and</DELETED>
        <DELETED>    (3) in subsection (b), by striking ``(other than a 
        chemical weapon (as that term is defined in section 
        229F))''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subparagraph (G) by--</DELETED>
                <DELETED>    (A) inserting ``(i)'' after 
                ``(G)'';</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) striking ``or'' after the 
                semicolon.</DELETED>
        <DELETED>    (2) in subparagraph (H) by striking the period and 
        inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        subparagraph:</DELETED>
                <DELETED>    ``(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)).''.</DELETED>
<DELETED>    (d) Conforming Amendment to Regulations.--</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS 
              DESTRUCTION THREATS TO THE UNITED STATES.</DELETED>

<DELETED>    (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 or atomic 
weapon''.</DELETED>
<DELETED>    (b) Title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) in the table of sections at the beginning of 
        chapter 39, by inserting after the item relating to section 831 
        the following:</DELETED>

<DELETED>``832. Participation in nuclear and weapons of mass 
                            destruction threats to the United 
                            States.'';
        <DELETED>    (2) by inserting after section 831 the 
        following:</DELETED>
<DELETED>``Sec. 832. Participation in nuclear and weapons of mass 
              destruction threats to the United States</DELETED>
<DELETED>    ``(a) Whoever, within the United States or subject to the 
jurisdiction of the United States, willfully participates in or 
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.</DELETED>
<DELETED>    ``(b) There is extraterritorial Federal jurisdiction over 
an offense under this section.</DELETED>
<DELETED>    ``(c) As used in this section--</DELETED>
        <DELETED>    ``(1) `nuclear weapons program' means a program or 
        plan for the development, acquisition, or production of any 
        nuclear weapon or weapons;</DELETED>
        <DELETED>    ``(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));</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(4) `nuclear weapon' means any weapon that 
        contains or uses nuclear material as defined in section 
        831(f)(1).''; and</DELETED>
        <DELETED>    (3) in section 2332b(g)(5)(B)(i), by inserting 
        after ``nuclear materials),'' the following: ``832 (relating to 
        participation in nuclear and weapons of mass destruction 
        threats to the United States)''.</DELETED>

<DELETED>Subtitle E--Money Laundering and Terrorist Financing</DELETED>

   <DELETED>CHAPTER 1--FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING 
                     TERRORIST FINANCING</DELETED>

<DELETED>SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN.</DELETED>

<DELETED>    Subsection  (d) of section 310 of title 31, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``appropriations.--There are 
        authorized'' and inserting ``Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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 databanks $16,500,000.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Data networking modernization.--To 
                improve the telecommunications infrastructure to 
                support the improved capabilities of the FinCEN 
                systems, $3,000,000.</DELETED>
                <DELETED>    ``(D) Enhanced compliance capability.--To 
                improve the effectiveness of the Office of Compliance 
                in FinCEN, $3,000,000.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY 
              REAUTHORIZATION.</DELETED>

<DELETED>    (a) Program.--Section 5341(a)(2) of title 31, United 
States Code, is amended by striking ``and 2003,'' and inserting ``2003, 
and 2005,''.</DELETED>
<DELETED>    (b) Reauthorization of Appropriations.--Section 5355 of 
title 31, United States Code, is amended by adding at the end the 
following:</DELETED>


 
 
 
``Fiscal year 2004....................................      $15,000,000
Fiscal year 2005......................................   $15,000,000''.

   <DELETED>CHAPTER 2--ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES 
                INCLUDING TERRORIST FINANCING</DELETED>

    <DELETED>Subchapter A--Money Laundering Abatement and Financial 
             Antiterrorism Technical Corrections</DELETED>

<DELETED>SEC. 2111. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Money Laundering 
Abatement and Financial Antiterrorism Technical Corrections Act of 
2004''.</DELETED>

<DELETED>SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-
              56.</DELETED>

<DELETED>    (a) The heading of title III of Public Law 107-56 is 
amended to read as follows:</DELETED>

  <DELETED>``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND 
            FINANCIAL ANTITERRORISM ACT OF 2001''.</DELETED>

<DELETED>    (b) The table of contents of Public Law 107-56 is amended 
by striking the item relating to title III and inserting the following 
new item:</DELETED>

  <DELETED>``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND 
                 FINANCIAL ANTITERRORISM ACT OF 2001''.

<DELETED>    (c) Section 302 of Public Law 107-56 is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)(4), by striking the comma 
        after ``movement of criminal funds'';</DELETED>
        <DELETED>    (2) in subsection (b)(7), by inserting ``or types 
        of accounts'' after ``classes of international transactions''; 
        and</DELETED>
        <DELETED>    (3) in subsection (b)(10), by striking 
        ``subchapters II and III'' and inserting ``subchapter 
        II''.</DELETED>
<DELETED>    (d) Section 303(a) of Public Law 107-56 is amended by 
striking ``Anti-Terrorist Financing Act'' and inserting ``Financial 
Antiterrorism Act''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (f) Section 314 of Public Law 107-56 is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by inserting a comma after 
                ``organizations engaged in''; and</DELETED>
                <DELETED>    (B) by inserting a comma after ``credible 
                evidence of engaging in'';</DELETED>
        <DELETED>    (2) in paragraph (2)(A)--</DELETED>
                <DELETED>    (A) by striking ``and'' after 
                ``nongovernmental organizations,''; and</DELETED>
                <DELETED>    (B) by inserting a comma after 
                ``unwittingly involved in such finances'';</DELETED>
        <DELETED>    (3) in paragraph (3)(A)--</DELETED>
                <DELETED>    (A) by striking ``to monitor accounts of'' 
                and inserting ``monitor accounts of,''; and</DELETED>
                <DELETED>    (B) by striking the comma after 
                ``organizations identified''; and</DELETED>
        <DELETED>    (4) in paragraph (3)(B), by inserting 
        ``financial'' after ``size, and nature of the''.</DELETED>
<DELETED>    (g) Section 321 of Public Law 107-56 is amended by 
striking ``5312(2)'' and inserting ``5312(a)(2)''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (i) Subsections (a)(2) and (b)(2) of section 327 of Public 
Law 107-56 are each amended by inserting a period after ``December 31, 
2001'' and striking all that follows through the period at the end of 
each such subsection.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (k) Section 358(e) of Public Law 107-56 is amended--
</DELETED>
        <DELETED>    (1) by striking ``Section 123(a)'' and inserting 
        ``That portion of section 123(a)'';</DELETED>
        <DELETED>    (2) by striking ``is amended to read'' and 
        inserting ``that precedes paragraph (1) of such section is 
        amended to read''; and</DELETED>
        <DELETED>    (3) by striking ``.'.'' at the end of such section 
        and inserting ``--'''.</DELETED>
<DELETED>    (l) Section 360 of Public Law 107-56 is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by inserting ``the'' after 
        ``utilization of the funds of''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``at such 
        institutions'' and inserting ``at such institution''.</DELETED>
<DELETED>    (m) Section 362(a)(1) of Public Law 107-56 is amended by 
striking ``subchapter II or III'' and inserting ``subchapter 
II''.</DELETED>
<DELETED>    (n) Section 365 of Public Law 107--56 is amended --
</DELETED>
        <DELETED>    (1) by redesignating the 2nd of the 2 subsections 
        designated as subsection (c) (relating to a clerical amendment) 
        as subsection (d); and</DELETED>
        <DELETED>    (2) by redesignating subsection (f) as subsection 
        (e).</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF 
              LAW.</DELETED>

<DELETED>    (a) Section 310(c) of title 31, United States Code, is 
amended by striking ``the Network'' each place such term appears and 
inserting ``FinCEN''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Section 5318(i) of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (3)(B), by inserting a comma 
        after ``foreign political figure'' the 2nd place such term 
        appears; and</DELETED>
        <DELETED>    (2) in the heading of paragraph (4), by striking 
        ``Definition'' and inserting ``Definitions''.</DELETED>
<DELETED>    (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)''.</DELETED>
<DELETED>    (e) The heading for section 5318A of title 31, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 5318A Special measures for jurisdictions, financial 
              institutions, international transactions, or types of 
              accounts of primary money laundering concern''.</DELETED>
<DELETED>    (f) Section 5318A of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (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)'';</DELETED>
        <DELETED>    (2) in subsection (a)(4)(B)(iii), by striking ``or 
        class of transactions'' and inserting ``class of transactions, 
        or type of account'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) in subsection (e)(3), by inserting ``or 
        subsection (i) or (j) of section 5318'' after ``identification 
        of individuals under this section''.</DELETED>
<DELETED>    (g) Section 5324(b) of title 31, United States Code, is 
amended by striking ``5333'' each place such term appears and inserting 
``5331''.</DELETED>
<DELETED>    (h) Section 5332 of title 31, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (b)(2), by striking ``, subject 
        to subsection (d) of this section''; and</DELETED>
        <DELETED>    (2) in subsection (c)(1), by striking ``, subject 
        to subsection (d) of this section,''.</DELETED>
<DELETED>    (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 new 
item:</DELETED>

<DELETED>``5318A. Special measures for jurisdictions, financial 
                            institutions, international transactions, 
                            or types of accounts of primary money 
                            laundering concern.''.
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>

<DELETED>SEC. 2114. REPEAL OF REVIEW.</DELETED>

<DELETED>    Title III of Public Law 107-56 is amended by striking 
section 303 (31 U.S.C. 5311 note).</DELETED>

<DELETED>SEC. 2115. EFFECTIVE DATE.</DELETED>

<DELETED>    The amendments made by this subtitle 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 the enactment of such 
Public Law, and no amendment made by such Public Law that is 
inconsistent with an amendment made by this subtitle shall be deemed to 
have taken effect.</DELETED>

     <DELETED>Subchapter B--Additional Enforcement Tools</DELETED>

<DELETED>SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECURITY 
              PRINTING.</DELETED>

<DELETED>    (a) Production of Documents.--Section 5114(a) of title 31, 
United States Code (relating to engraving and printing currency and 
security documents), is amended--</DELETED>
        <DELETED>    (1) by striking ``(a) The Secretary of the 
        Treasury'' and inserting:</DELETED>
<DELETED>    ``(a) Authority to Engrave and Print.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of the 
        Treasury''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraphs:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the Secretary of the Treasury 
                determines that such production will not interfere with 
                engraving and printing needs of the United States; 
                and</DELETED>
                <DELETED>    ``(B) the Secretary of State determines 
                that such production would be consistent with the 
                foreign policy of the United States.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Reimbursement.--Section 5143 of title 31, United 
States Code (relating to payment for services of the Bureau of 
Engraving and Printing), is amended--</DELETED>
        <DELETED>    (1) in the first sentence, by inserting ``or to a 
        foreign government under section 5114'' after 
        ``agency'';</DELETED>
        <DELETED>    (2) in the second sentence, by inserting ``and 
        other'' after ``including administrative''; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2122. CONDUCT IN AID OF COUNTERFEITING.</DELETED>

<DELETED>    (a) In General.--Section 474(a) of title 18, United States 
Code, is amended by inserting after the paragraph beginning ``Whoever 
has in his control, custody, or possession any plate'' the 
following:</DELETED>
<DELETED>    `` Whoever, with intent to defraud, has in his custody, 
control, or possession any material that can be used to make, alter, 
forge or counterfeit any obligations and other securities of the United 
States or any part of such securities and obligations, except under the 
authority of the Secretary of the Treasury; or''.</DELETED>
<DELETED>    (b) Foreign Obligations and Securities.--Section 481 of 
title 18, United States Code, is amended by inserting after the 
paragraph beginning ``Whoever, with intent to defraud'' the 
following:</DELETED>
<DELETED>    `` Whoever, with intent to defraud, has in his custody, 
control, or possession any material that can be used to make, alter, 
forge or counterfeit any obligation or other security of any foreign 
government, bank or corporation; or''.</DELETED>
<DELETED>    (c) Counterfeit Acts.--Section 470 of title 18, United 
States Code, is amended by striking ``or 474'' and inserting ``474, or 
474A''.</DELETED>
<DELETED>    (d) Materials Used in Counterfeiting.--Section 474A(b) of 
title 18, United States Code, is amended by striking ``any essentially 
identical'' and inserting ``any thing or material made after or in the 
similitude of any''.</DELETED>

   <DELETED>Subtitle F--Criminal History Background Checks</DELETED>

<DELETED>SEC. 2141. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Criminal History 
Access Means Protection of Infrastructures and Our Nation''.</DELETED>

<DELETED>SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS.</DELETED>

<DELETED>    (a) In General.--Section 534 of title 28, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f)(1) Under rules prescribed by the Attorney General, 
the Attorney General shall establish and maintain a system for 
providing to an employer criminal history information that--</DELETED>
        <DELETED>    ``(A) is in the possession of the Attorney 
        General; and</DELETED>
        <DELETED>    ``(B) is requested by an employer as part of an 
        employee criminal history investigation that has been 
        authorized by the State where the employee works or where the 
        employer has their principal place of business;</DELETED>
<DELETED>in order to ensure that a prospective employee is suitable for 
certain employment positions.</DELETED>
<DELETED>    ``(2) The Attorney General shall require that an employer 
seeking criminal history information of an employee request such 
information and submit fingerprints or other biometric identifiers as 
approved by the Attorney General to provide a positive and reliable 
identification of such prospective employee.</DELETED>
<DELETED>    ``(3) The Director of the Federal Bureau of Investigation 
may require an employer to pay a reasonable fee for such 
information.</DELETED>
<DELETED>    ``(4) Upon receipt of fingerprints or other biometric 
identifiers, the Attorney General shall conduct an Integrated 
Fingerprint Identification System of the Federal Bureau of 
Investigation (IAFIS) check and provide the results of such check to 
the requester.</DELETED>
<DELETED>    ``(5) As used in this subsection,</DELETED>
        <DELETED>    ``(A) the term `criminal history information' and 
        `criminal history records' includes----</DELETED>
                <DELETED>    ``(i) an identifying description of the 
                individual to whom it pertains;</DELETED>
                <DELETED>    ``(ii) notations of arrests, detentions, 
                indictments, or other formal criminal charges 
                pertaining to such individual; and</DELETED>
                <DELETED>    ``(iii) any disposition to a notation 
                revealed in subparagraph (B), including acquittal, 
                sentencing, correctional supervision, or 
                release.</DELETED>
        <DELETED>    ``(B) the term `Integrated Automated Fingerprint 
        Identification System of the Federal Bureau of Investigation 
        (IAFIS)' means the national depository for fingerprint, 
        biometric, and criminal history information, through which 
        fingerprints are processed electronically.</DELETED>
<DELETED>    ``(6) Nothing in this subsection shall preclude the 
Attorney General from authorizing or requiring criminal history record 
checks on individuals employed or seeking employment in positions vital 
to the Nation's critical infrastructure or key resources as those terms 
are defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 
5195c(e)) and section 2(9) of the Homeland Security Act of 2002 (6 
U.S.C. 101(9)).''.</DELETED>
<DELETED>    (b) Report to Congress.--</DELETED>
        <DELETED>    (1) In general.--Not later than 120 days after the 
        date of the enactment of this Act, the Attorney General shall 
        report to the appropriate committees of Congress 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.</DELETED>
        <DELETED>    (2) Identification of information.--The Attorney 
        General shall identify the number of records requested, 
        including the type of information requested, usage of different 
        terms and definitions regarding criminal history information, 
        and the variation in fees charged for such information and who 
        pays such fees.</DELETED>
        <DELETED>    (3) Recommendations.--The Attorney General shall 
        make recommendations for consolidating the existing procedures 
        into a unified procedure consistent with that provided in 
        section 534(f) of title 28, United States Code, as amended by 
        this subtitle.</DELETED>

 <DELETED>Subtitle G--Protection of United States Aviation System From 
                      Terrorist Attacks</DELETED>

<DELETED>SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR OTHER 
              TECHNOLOGY.</DELETED>

<DELETED>    (a) Use of Biometric Technology.--Section 44903(h) of 
title 49, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (4)(E) by striking ``may provide 
        for'' and inserting ``shall issue, not later than 120 days 
        after the date of enactment of paragraph (5), guidance for''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(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 biometrics 
        industry, and the National Institute of Standards and 
        Technology, shall establish, at a minimum--</DELETED>
                <DELETED>    ``(A) comprehensive technical and 
                operational system requirements and performance 
                standards for the use of biometrics in airport access 
                control systems (including airport perimeter access 
                control systems) to ensure that the biometric systems 
                are effective, reliable, and secure;</DELETED>
                <DELETED>    ``(B) a list of products and vendors that 
                meet such requirements and standards;</DELETED>
                <DELETED>    ``(C) procedures for implementing 
                biometric systems--</DELETED>
                        <DELETED>    ``(i) to ensure that individuals 
                        do not use an assumed identity to enroll in a 
                        biometric system; and</DELETED>
                        <DELETED>    ``(ii) to resolve failures to 
                        enroll, false matches, and false non-matches; 
                        and</DELETED>
                <DELETED>    ``(D) best practices for incorporating 
                biometric 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.</DELETED>
        <DELETED>    ``(6) Use of biometric technology for law 
        enforcement officer travel.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 120 days 
                after the date of enactment of this paragraph, the 
                Assistant Secretary shall--</DELETED>
                        <DELETED>    ``(i) establish a law enforcement 
                        officer travel credential that incorporates 
                        biometrics and is uniform across all Federal, 
                        State, and local government law enforcement 
                        agencies;</DELETED>
                        <DELETED>    ``(ii) establish a process by 
                        which the travel credential will be used to 
                        verify the identity of a Federal, State, or 
                        local government 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;</DELETED>
                        <DELETED>    ``(iii) establish procedures--
                        </DELETED>
                                <DELETED>    ``(I) to ensure that only 
                                Federal, State, and local government 
                                law enforcement officers are issued the 
                                travel credential;</DELETED>
                                <DELETED>    ``(II) to resolve failures 
                                to enroll, false matches, and false 
                                non-matches relating to use of the 
                                travel credential; and</DELETED>
                                <DELETED>    ``(III) to invalidate any 
                                travel credential that is lost, stolen, 
                                or no longer authorized for 
                                use;</DELETED>
                        <DELETED>    ``(iv) begin issuance of the 
                        travel credential to each Federal, State, and 
                        local government law enforcement officer 
                        authorized by the Assistant Secretary to carry 
                        a weapon on board an aircraft; and</DELETED>
                        <DELETED>    ``(v) take such other actions with 
                        respect to the travel credential as the 
                        Secretary considers appropriate.</DELETED>
                <DELETED>    ``(B) Funding.--There are authorized to be 
                appropriated such sums as may be necessary to carry out 
                this paragraph.</DELETED>
        <DELETED>    ``(7) Definitions.--In this subsection, the 
        following definitions apply:</DELETED>
                <DELETED>    ``(A) Biometric information.--The term 
                `biometric information' means the distinct physical or 
                behavioral characteristics that are used for 
                identification, or verification of the identity, of an 
                individual.</DELETED>
                <DELETED>    ``(B) Biometrics.--The term `biometrics' 
                means a technology that enables the automated 
                identification, or verification of the identity, of an 
                individual based on biometric information.</DELETED>
                <DELETED>    ``(C) Failure to enroll.--The term 
                `failure to enroll' means the inability of an 
                individual to enroll in a biometric 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 information, or other 
                factors.</DELETED>
                <DELETED>    ``(D) False match.--The term `false match' 
                means the incorrect matching of one individual's 
                biometric information to another individual's biometric 
                information by a biometric system.</DELETED>
                <DELETED>    ``(E) False non-match.--The term `false 
                non-match' means the rejection of a valid identity by a 
                biometric system.</DELETED>
                <DELETED>    ``(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).''.</DELETED>
<DELETED>    (b) Funding for Use of Biometric Technology in Airport 
Access Control Systems.--</DELETED>
        <DELETED>    (1) Grant authority.--Section 44923(a)(4) of title 
        49, United States Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``and'' at the end of 
                paragraph (3);</DELETED>
                <DELETED>    (B) by redesignating paragraph (4) as 
                paragraph (5); and</DELETED>
                <DELETED>    (C) by inserting after paragraph (3) the 
                following:</DELETED>
        <DELETED>    ``(4) for projects to implement biometric 
        technologies in accordance with guidance issued under section 
        44903(h)(4)(E); and''.</DELETED>
        <DELETED>    (2) Authorization of appropriations.--Section 
        44923(i)(1) of such title is amended by striking ``$250,000,000 
        for each of fiscal years 2004 through 2007'' and inserting 
        ``$250,000,000 for fiscal year 2004, $345,000,000 for fiscal 
        year 2005, and $250,000,000 for each of fiscal years 2006 and 
        2007''.</DELETED>

<DELETED>SEC. 2172. TRANSPORTATION SECURITY STRATEGIC 
              PLANNING.</DELETED>

<DELETED>    Section 44904 of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating subsection (c) as subsection 
        (e); and</DELETED>
        <DELETED>    (2) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(c) Transportation Security Strategic Planning.--
</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Homeland 
        Security shall prepare and update, as needed, a transportation 
        sector specific plan and transportation modal security plans in 
        accordance with this section.</DELETED>
        <DELETED>    ``(2) Contents.--At a minimum, the modal security 
        plan for aviation prepared under paragraph (1) shall--
        </DELETED>
                <DELETED>    ``(A) set risk-based priorities for 
                defending aviation assets;</DELETED>
                <DELETED>    ``(B) select the most practical and cost-
                effective methods for defending aviation 
                assets;</DELETED>
                <DELETED>    ``(C) assign roles and missions to 
                Federal, State, regional, and local authorities and to 
                stakeholders;</DELETED>
                <DELETED>    ``(D) establish a damage mitigation and 
                recovery plan for the aviation system in the event of a 
                terrorist attack; and</DELETED>
                <DELETED>    ``(E) 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.</DELETED>
        <DELETED>    ``(3) Reports.--Not later than 180 days after the 
        date of enactment of the subsection and annually thereafter, 
        the Secretary shall submit 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 containing the plans prepared under paragraph 
        (1), including any updates to the plans. The report may be 
        submitted in a classified format.</DELETED>
<DELETED>    ``(d) Operational Criteria.--Not later than 90 days after 
the date of submission of the report under subsection (c)(3), 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 subsection (c)(1) and shall approve best practices 
guidelines for airport assets.''.</DELETED>

<DELETED>SEC. 2173. NEXT GENERATION AIRLINE PASSENGER 
              PRESCREENING.</DELETED>

<DELETED>    (a) In General.--Section 44903(j)(2) of title 49, United 
States Code, is amended by adding at the end the following:</DELETED>
                <DELETED>    ``(C) Next generation airline passenger 
                prescreening.--</DELETED>
                        <DELETED>    ``(i) Commencement of testing.--
                        Not later than November 1, 2004, the Assistant 
                        Secretary of Homeland Security (Transportation 
                        Security Administration), or the designee of 
                        the Assistant Secretary, shall commence testing 
                        of a next generation passenger prescreening 
                        system that will allow the Department of 
                        Homeland Security to assume the performance of 
                        comparing passenger name records to the 
                        automatic selectee and no fly lists, utilizing 
                        all appropriate records in the consolidated and 
                        integrated terrorist watchlist maintained by 
                        the Federal Government.</DELETED>
                        <DELETED>    ``(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 assume the performance of the 
                        passenger prescreening function of comparing 
                        passenger name records 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.</DELETED>
                        <DELETED>    ``(iii) Requirements.--In assuming 
                        performance of the function under clause (i), 
                        the Assistant Secretary shall--</DELETED>
                                <DELETED>    ``(I) establish a 
                                procedure to enable airline passengers, 
                                who are delayed or prohibited from 
                                boarding a flight because the next 
                                generation passenger prescreening 
                                system determined that they might pose 
                                a security threat, to appeal such 
                                determination and correct information 
                                contained in the system;</DELETED>
                                <DELETED>    ``(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;</DELETED>
                                <DELETED>    ``(III) establish an 
                                internal oversight board to oversee and 
                                monitor the manner in which the system 
                                is being implemented;</DELETED>
                                <DELETED>    ``(IV) establish 
                                sufficient operational safeguards to 
                                reduce the opportunities for 
                                abuse;</DELETED>
                                <DELETED>    ``(V) implement 
                                substantial security measures to 
                                protect the system from unauthorized 
                                access;</DELETED>
                                <DELETED>    ``(VI) adopt policies 
                                establishing effective oversight of the 
                                use and operation of the system; 
                                and</DELETED>
                                <DELETED>    ``(VII) ensure that there 
                                are no specific privacy concerns with 
                                the technological architecture of the 
                                system.</DELETED>
                        <DELETED>    ``(iv) Passenger name records.--
                        Not later than 60 days after the completion of 
                        the testing of the next generation passenger 
                        prescreening system, the Assistant Secretary 
                        shall require air carriers to supply to the 
                        Assistant Secretary the passenger name records 
                        needed to begin implementing the next 
                        generation passenger prescreening 
                        system.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) being certificated by the 
                        Federal Aviation Administration;</DELETED>
                        <DELETED>    ``(ii) being issued a credential 
                        for access to the secure area of an airport; 
                        or</DELETED>
                        <DELETED>    ``(iii) being issued a credential 
                        for 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.</DELETED>
                <DELETED>    ``(E) Appeal procedures.--The Assistant 
                Secretary shall establish a timely and fair process for 
                individuals identified as a threat under subparagraph 
                (D) to appeal the determination and correct any 
                erroneous information.</DELETED>
                <DELETED>    ``(F) 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).''.</DELETED>
<DELETED>    (b) GAO Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after the 
        date on which the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) assumes performance of 
        the passenger prescreening function under section 
        44903(j)(2)(C)(ii) of title 49, United States Code, the 
        Comptroller General shall submit to the appropriate 
        congressional committees a report on the assumption of such 
        function. The report may be submitted in a classified 
        format.</DELETED>
        <DELETED>    (2) Contents.--The report under paragraph (1) 
        shall address--</DELETED>
                <DELETED>    (A) whether a system exists in the next 
                generation passenger prescreening system whereby 
                aviation passengers, determined to pose a threat and 
                either delayed or prohibited from boarding their 
                scheduled flights by the Transportation Security 
                Administration, may appeal such a decision and correct 
                erroneous information;</DELETED>
                <DELETED>    (B) the sufficiency of identifying 
                information contained in passenger name records and any 
                government databases for ensuring that a large number 
                of false positives will not result under the next 
                generation passenger prescreening system in a 
                significant number of passengers being treated as a 
                threat mistakenly or in security resources being 
                diverted;</DELETED>
                <DELETED>    (C) whether the Transportation Security 
                Administration stress tested the next generation 
                passenger prescreening system;</DELETED>
                <DELETED>    (D) whether an internal oversight board 
                has been established in the Department of Homeland 
                Security to monitor the next generation passenger 
                prescreening system;</DELETED>
                <DELETED>    (E) whether sufficient operational 
                safeguards have been established to prevent the 
                opportunities for abuse of the system;</DELETED>
                <DELETED>    (F) whether substantial security measures 
                are in place to protect the passenger prescreening 
                database from unauthorized access;</DELETED>
                <DELETED>    (G) whether policies have been adopted for 
                the effective oversight of the use and operation of the 
                system;</DELETED>
                <DELETED>    (H) whether specific privacy concerns 
                still exist with the system; and</DELETED>
                <DELETED>    (I) whether appropriate life cycle cost 
                estimates have been developed, and a benefit and cost 
                analysis has been performed, for the system.</DELETED>

<DELETED>SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT 
              AT AIRPORT SCREENING CHECKPOINTS.</DELETED>

<DELETED>    (a) Nonmetallic Weapons and Explosives.--In order to 
improve security, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall give priority to 
developing, testing, improving, and deploying technology at screening 
checkpoints at airports that will detect nonmetallic weapons and 
explosives on the person of individuals, in their clothing, or in their 
carry-on baggage or personal property and shall ensure that the 
equipment alone, or as part of an integrated system, can detect under 
realistic operating conditions the types of nonmetallic weapons and 
explosives that terrorists would likely try to smuggle aboard an air 
carrier aircraft.</DELETED>
<DELETED>    (b) Strategic Plan for Deployment and Use of Explosive 
Detection Equipment at Airport Screening Checkpoints.--</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Assistant Secretary shall 
        transmit to the appropriate congressional committees a 
        strategic plan to promote the optimal utilization and 
        deployment of explosive detection systems at airports to screen 
        individuals and their carry-on baggage or personal property, 
        including walk-through explosive detection portals, document 
        scanners, shoe scanners, and any other explosive detection 
        equipment for use at a screening checkpoint. The plan may be 
        transmitted in a classified format.</DELETED>
        <DELETED>    (2) Contents.--The strategic plan shall include 
        descriptions of the operational applications of explosive 
        detection equipment at airport screening checkpoints, a 
        deployment schedule and quantities of equipment needed to 
        implement the plan, and funding needs for implementation of the 
        plan, including a financing plan that provides for leveraging 
        non-Federal funding.</DELETED>

<DELETED>SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST-RESISTANT 
              CARGO AND BAGGAGE CONTAINERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Incentives for Participation in Pilot Program.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Types of assistance.--Assistance provided by 
        the Assistant Secretary to air carriers that volunteer to 
        participate in the pilot program shall include the use of 
        blast-resistant containers and financial assistance to cover 
        increased costs to the carriers associated with the use and 
        maintenance of the containers, including increased fuel 
        costs.</DELETED>
<DELETED>    (c) Report.--Not later than one year after the date of 
enactment of this Act, the Assistant Secretary shall submit to 
appropriate congressional committees a report on the results of the 
pilot program.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $2,000,000. Such sums 
shall remain available until expended.</DELETED>

<DELETED>SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.</DELETED>

<DELETED>    The Transportation Security Administration shall develop 
technology to better identify, track, and screen air cargo.</DELETED>

<DELETED>SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE 
              DETECTION.</DELETED>

<DELETED>    Section 44940 of title 49, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(i) Checkpoint Screening Security Fund.--</DELETED>
        <DELETED>    ``(1) Establishment.--There is established in the 
        Department of Homeland Security a fund to be known as the 
        `Checkpoint Screening Security Fund'.</DELETED>
        <DELETED>    ``(2) Deposits.--In each of fiscal years 2005 and 
        2006, after amounts are made available under section 44923(h), 
        the next $30,000,000 derived from fees received under 
        subsection (a)(1) shall be available to be deposited in the 
        Fund.</DELETED>
        <DELETED>    ``(3) Fees.--The Secretary of Homeland Security 
        shall impose the fee authorized by subsection (a)(1) so as to 
        collect at least $30,000,000 in each of fiscal years 2005 and 
        2006 for deposit into the Fund.</DELETED>
        <DELETED>    ``(4) Availability of amounts.--Amounts in the 
        Fund shall be available for the purchase, deployment, and 
        installation of equipment to improve the ability of security 
        screening personnel at screening checkpoints to detect 
        explosives.''.</DELETED>

<DELETED>SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.</DELETED>

<DELETED>    (a) Pilot Program.--The Transportation Security 
Administration shall develop, not later than 120 days after the date of 
enactment of this Act, and conduct a pilot program to test, integrate, 
and deploy next generation security checkpoint screening technology at 
not less than 5 airports in the United States.</DELETED>
<DELETED>    (b) Human Factor Studies.-- The Administration shall 
conduct human factors studies to improve screener performance as part 
of the pilot program under subsection (a).</DELETED>

<DELETED>SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT 
              DOOR.</DELETED>

<DELETED>    (a) Civil Penalty.--Section 46301(a) of title 49, United 
States Code, is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(6) Penalty for failure to secure flight deck 
        door.--Any person holding a part 119 certificate under part of 
        title 14, Code of Federal Regulations, is liable to the 
        Government for a civil penalty of not more than $25,000 for 
        each violation, by the pilot in command of an aircraft owned or 
        operated by such person, of any Federal regulation that 
        requires that the flight deck door be closed and locked when 
        the aircraft is being operated.''.</DELETED>
<DELETED>    (b) Technical Corrections.--</DELETED>
        <DELETED>    (1) Compromise and setoff for false information.--
        Section 46302(b) of such title is amended by striking 
        ``Secretary of Transportation'' and inserting ``Secretary of 
        the Department of Homeland Security and, for a violation 
        relating to section 46504, the Secretary of 
        Transportation,''.</DELETED>
        <DELETED>    (2) Carrying a weapon.--Section 46303 of such 
        title is amended--</DELETED>
                <DELETED>    (A) in subsection (b) by striking 
                ``Secretary of Transportation'' and inserting 
                ``Secretary of Homeland Security''; and</DELETED>
                <DELETED>    (B) in subsection (c)(2) by striking 
                ``Under Secretary of Transportation for Security'' and 
                inserting ``Secretary of Homeland Security''.</DELETED>
        <DELETED>    (3) Administrative imposition of penalties.--
        Section 46301(d) of such title is amended--</DELETED>
                <DELETED>    (A) in the first sentence of paragraph (2) 
                by striking ``46302, 46303,'' and inserting ``46302 
                (for a violation relating to section 46504),''; 
                and</DELETED>
                <DELETED>    (B) in the second sentence of paragraph 
                (2)--</DELETED>
                        <DELETED>    (i) by striking ``Under Secretary 
                        of Transportation for Security'' and inserting 
                        ``Secretary of Homeland Security''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``44909)'' and 
                        inserting ``44909), 46302 (except for a 
                        violation relating to section 46504), 
                        46303,'';</DELETED>
                <DELETED>    (C) in each of paragraphs (2), (3), and 
                (4) by striking ``Under Secretary or'' and inserting 
                ``Secretary of Homeland Security''; and</DELETED>
                <DELETED>    (D) in paragraph (4)(A) by moving clauses 
                (i), (ii), and (iii) 2 ems to the left.</DELETED>

<DELETED>SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.</DELETED>

<DELETED>    The Director of the Federal Air Marshal Service of the 
Department of Homeland Security shall continue to develop operational 
initiatives to protect the anonymity of Federal air marshals.</DELETED>

<DELETED>SEC. 2181. FEDERAL LAW ENFORCEMENT IN-FLIGHT COUNTERTERRORISM 
              TRAINING.</DELETED>

<DELETED>    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 make available appropriate in-flight 
counterterrorism procedures and tactics training to Federal law 
enforcement officers who fly while on duty.</DELETED>

<DELETED>SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE PILOT 
              PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 90 days after the date of 
enactment of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall implement a pilot 
program to allow pilots participating in the Federal flight deck 
officer program to transport their firearms on their persons. The 
Assistant Secretary may prescribe any training, equipment, or 
procedures that the Assistant Secretary determines necessary to ensure 
safety and maximize weapon retention.</DELETED>
<DELETED>    (b) Review.--Not later than 1 year after the date of 
initiation of the pilot program, the Assistant Secretary shall conduct 
a review of the safety record of the pilot program and transmit a 
report on the results of the review to the appropriate congressional 
committees.</DELETED>
<DELETED>    (c) Option.--If the Assistant Secretary as part of the 
review under subsection (b) determines that the safety level obtained 
under the pilot program is comparable to the safety level determined 
under existing methods of pilots carrying firearms on aircraft, the 
Assistant Secretary shall allow all pilots participating in the Federal 
flight deck officer program the option of carrying their firearm on 
their person subject to such requirements as the Assistant Secretary 
determines appropriate.</DELETED>

<DELETED>SEC. 2183. REGISTERED TRAVELER PROGRAM.</DELETED>

<DELETED>    The Transportation Security Administration shall expedite 
implementation of the registered traveler program.</DELETED>

<DELETED>SEC. 2184. WIRELESS COMMUNICATION.</DELETED>

<DELETED>    (a) Study.--The Transportation Security Administration, in 
consultation with 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2185. SECONDARY FLIGHT DECK BARRIERS.</DELETED>

<DELETED>    Not later than 6 months after the date of enactment of 
this Act, the Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall transmit to the appropriate 
congressional committees a report on the costs and benefits associated 
with the use of secondary flight deck barriers and whether the use of 
such barriers should be mandated for all air carriers. The Assistant 
Secretary may transmit the report in a classified format.</DELETED>

<DELETED>SEC. 2186. EXTENSION.</DELETED>

<DELETED>    Section 48301(a) of title 49, United States Code, is 
amended by striking ``and 2005'' and inserting ``2005, and 
2006''.</DELETED>

<DELETED>SEC. 2187. PERIMETER SECURITY.</DELETED>

<DELETED>    (a) Report.--Not later than 180 days after the date of 
enactment of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with airport 
operators and law enforcement authorities, shall develop and submit to 
the appropriate congressional committee a report on airport perimeter 
security. The report may be submitted in a classified format.</DELETED>
<DELETED>    (b) Contents.--The report shall include--</DELETED>
        <DELETED>    (1) an examination of the feasibility of access 
        control technologies and procedures, including the use of 
        biometrics and other methods of positively identifying 
        individuals prior to entry into secure areas of airports, and 
        provide best practices for enhanced perimeter access control 
        techniques; and</DELETED>
        <DELETED>    (2) an assessment of the feasibility of physically 
        screening all individuals prior to entry into secure areas of 
        an airport and additional methods for strengthening the 
        background vetting process for all individuals credentialed to 
        gain access to secure areas of airports.</DELETED>

<DELETED>SEC. 2188. DEFINITIONS.</DELETED>

<DELETED>    In this title, the following definitions apply:</DELETED>
        <DELETED>    (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.</DELETED>
        <DELETED>    (2) Air carrier.--The term ``air carrier'' has the 
        meaning such term has under section 40102 of title 49, United 
        States Code.</DELETED>
        <DELETED>    (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 regulation to such 
        section).</DELETED>

              <DELETED>Subtitle H--Other Matters</DELETED>

<DELETED>SEC. 2191. GRAND JURY INFORMATION SHARING.</DELETED>

<DELETED>    (a) Rule Amendments.--Rule 6(e) of the Federal Rules of 
Criminal Procedure is amended--</DELETED>
        <DELETED>    (1) in paragraph (3)--</DELETED>
                <DELETED>    (A) in subparagraph (A)(ii), by striking 
                ``or state subdivision or of an Indian tribe'' and 
                inserting ``, state subdivision, Indian tribe, or 
                foreign government'';</DELETED>
                <DELETED>    (B) in subparagraph (D)--</DELETED>
                        <DELETED>    (i) by inserting after the first 
                        sentence the following: ``An attorney for the 
                        government may also disclose any grand-jury 
                        matter involving a threat of actual or 
                        potential attack or other grave hostile acts of 
                        a foreign power or an agent of a foreign power, 
                        domestic or international sabotage, domestic or 
                        international terrorism, or clandestine 
                        intelligence gathering activities by an 
                        intelligence service or network of a foreign 
                        power or by an agent of a foreign power, within 
                        the United States or elsewhere, to any 
                        appropriate Federal, State, state subdivision, 
                        Indian tribal, or foreign government official 
                        for the purpose of preventing or responding to 
                        such a threat.''; and</DELETED>
                        <DELETED>    (ii) in clause (i)--</DELETED>
                                <DELETED>    (I) by striking 
                                ``federal''; and</DELETED>
                                <DELETED>    (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 National Intellience 
                                Director shall jointly issue.''; 
                                and</DELETED>
                <DELETED>    (C) in subparagraph (E)--</DELETED>
                        <DELETED>    (i) by redesignating clauses (iii) 
                        and (iv) as clauses (iv) and (v), 
                        respectively;</DELETED>
                        <DELETED>    (ii) by inserting after clause 
                        (ii) the following:</DELETED>
                        <DELETED>    ``(iii) at the request of the 
                        government, when sought by a foreign court or 
                        prosecutor for use in an official criminal 
                        investigation;''; and</DELETED>
                        <DELETED>    (iii) in clause (iv), as 
                        redesignated--</DELETED>
                                <DELETED>    (I) by striking ``state or 
                                Indian tribal'' and inserting ``State, 
                                Indian tribal, or foreign''; 
                                and</DELETED>
                                <DELETED>    (II) by striking ``or 
                                Indian tribal official'' and inserting 
                                ``Indian tribal, or foreign government 
                                official''; and</DELETED>
        <DELETED>    (2) in paragraph (7), by inserting ``, or of 
        guidelines jointly issued by the Attorney General and Director 
        of Central Intelligence pursuant to Rule 6,'' after ``Rule 
        6''.</DELETED>
<DELETED>    (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)''.</DELETED>

<DELETED>SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA 
              SYSTEM.</DELETED>

<DELETED>    (a) Findings.--The Congress finds as follows:</DELETED>
        <DELETED>    (1) The interoperable electronic data system know 
        as the ``Chimera system'', and required to be developed and 
        implemented by section 202(a)(2) of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
        1722(a)(2)), has not in any way been implemented.</DELETED>
        <DELETED>    (2) Little progress has been made since the 
        enactment of such Act with regard to establishing a process to 
        connect existing trusted systems operated independently by the 
        respective intelligence agencies.</DELETED>
        <DELETED>    (3) It is advisable, therefore, to assign such 
        responsibility to the National Intelligence Director.</DELETED>
        <DELETED>    (4) The National Intelligence Director should, 
        pursuant to the amendments made by subsection (c), begin 
        systems planning immediately upon assuming office to deliver an 
        interim system not later than 1 year after the date of the 
        enactment of this Act, and to deliver the fully functional 
        Chimera system not later than September 11, 2007.</DELETED>
        <DELETED>    (5) Both the interim system, and the fully 
        functional Chimera system, should be designed so that 
        intelligence officers, Federal law enforcement agencies (as 
        defined in section 2 of such Act (8 U.S.C. 1701)), operational 
        counter-terror support center personnel, consular officers, and 
        Department of Homeland Security enforcement officers have 
        access to them.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this section are as 
follows:</DELETED>
        <DELETED>    (1) To provide the National Intelligence Director 
        with the necessary authority and resources to establish both an 
        interim data system and, subsequently, a fully functional 
        Chimera system, to collect and share intelligence and 
        operational information with the intelligence community (as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4)).</DELETED>
        <DELETED>    (2) To require the National Intelligence Director 
        to establish a state-of-the-art Chimera system with both 
        biometric identification and linguistic capabilities satisfying 
        the best technology standards.</DELETED>
        <DELETED>    (3) To ensure that the National Intelligence 
        Center will have a fully functional capability, not later than 
        September 11, 2007, for interoperable data and intelligence 
        exchange with the agencies of the intelligence community (as so 
        defined).</DELETED>
<DELETED>    (c) Amendments.--</DELETED>
        <DELETED>    (1) In general.--Title II of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1721 et 
        seq.) is amended--</DELETED>
                <DELETED>    (A) in section 202(a)--</DELETED>
                        <DELETED>    (i) by amending paragraphs (1) and 
                        (2) to read as follows:</DELETED>
        <DELETED>    ``(1) Interim interoperable intelligence data 
        exchange system.--Not later than 1 year after assuming office, 
        the National Intelligence Director shall establish an interim 
        interoperable intelligence data exchange system that will 
        connect the data systems operated independently by the entities 
        in the intelligence community and by the National 
        counterterrorism Center, so as to permit automated data 
        exchange among all of these entities. Immediately upon assuming 
        office, the National Intelligence Director shall begin the 
        plans necessary to establish such interim system.</DELETED>
        <DELETED>    ``(2) Chimera system.--Not later than September 
        11, 2007, the National Intelligence Director shall establish a 
        fully functional interoperable law enforcement and intelligence 
        electronic data system within the National counterterrorism 
        Center to provide immediate access to information in databases 
        of Federal law enforcement agencies and the intelligence 
        community that is necessary to identify terrorists, and 
        organizations and individuals that support terrorism. The 
        system established under this paragraph shall referred to as 
        the `Chimera system'. '';</DELETED>
                        <DELETED>    (ii) in paragraph (3)--</DELETED>
                                <DELETED>    (I) by striking 
                                ``President'' and inserting ``National 
                                Intelligence Director''; and</DELETED>
                                <DELETED>    (II) by striking ``the 
                                data system'' and inserting ``the 
                                interim system described in paragraph 
                                (1) and the Chimera system described in 
                                paragraph (2)'';</DELETED>
                        <DELETED>    (iii) in paragraph (4)(A), by 
                        striking ``The data system'' and all that 
                        follows through ``(2),'' and inserting ``The 
                        interim system described in paragraph (1) and 
                        the Chimera system described in paragraph 
                        (2)'';</DELETED>
                        <DELETED>    (iv) in paragraph (5)--</DELETED>
                                <DELETED>    (I) in the matter 
                                preceding subparagraph (A), by striking 
                                ``data system under this subsection'' 
                                and inserting ``Chimera system 
                                described in paragraph (2)'';</DELETED>
                                <DELETED>    (II) in subparagraph (B), 
                                by striking ``and'' at the 
                                end;</DELETED>
                                <DELETED>    (III) in subparagraph (C), 
                                by striking the period at the end and 
                                inserting ``; and''; and</DELETED>
                                <DELETED>    (IV) by adding at the end 
                                the following:</DELETED>
                <DELETED>    ``(D) to any Federal law enforcement or 
                intelligence officer authorized to assist in the 
                investigation, identification, or prosecution of 
                terrorists, alleged terrorists, individuals supporting 
                terrorist activities, and individuals alleged to 
                support terrorist activities. ''; and</DELETED>
                        <DELETED>    (v) in paragraph (6)--</DELETED>
                                <DELETED>    (I) by striking 
                                ``President'' and inserting ``National 
                                Intelligence Director'';</DELETED>
                                <DELETED>    (II) by striking ``the 
                                data system'' and all that follows 
                                through ``(2),'' and inserting ``the 
                                interim system described in paragraph 
                                (1) and the Chimera system described in 
                                paragraph (2)'';</DELETED>
                <DELETED>    (B) in section 202(b)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``The interoperable'' and all that follows 
                        through ``subsection (a)'' and inserting ``the 
                        Chimera system described in subsection 
                        (a)(2)'';</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``interoperable electronic database'' and 
                        inserting ``Chimera system described in 
                        subsection (a)(2)''; and</DELETED>
                        <DELETED>    (iii) by amending paragraph (4) to 
                        read as follows:</DELETED>
        <DELETED>    ``(4) Interim reports.--Not later than 6 months 
        after assuming office, the National Intelligence Director shall 
        submit a report to the appropriate committees of Congress on 
        the progress in implementing each requirement of this 
        section.'';</DELETED>
                <DELETED>    (C) in section 204--</DELETED>
                        <DELETED>    (i) by striking ``Attorney 
                        General'' each place such term appears and 
                        inserting ``National Intelligence 
                        Director'';</DELETED>
                        <DELETED>    (ii) in subsection (d)(1), by 
                        striking ``Attorney General's'' and inserting 
                        ``National Intelligence Director's''; 
                        and</DELETED>
                <DELETED>    (D) by striking section 203 and 
                redesignating section 204 as section 203.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents for 
        the Enhanced Border Security and Visa Entry Reform Act of 2002 
        (8 U.S.C. 1701 et seq.) is amended--</DELETED>
                <DELETED>    (A) by striking the item relating to 
                section 203; and</DELETED>
                <DELETED>    (B) by redesignating the item relating to 
                section 204 as relating to section 203.</DELETED>

<DELETED>SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE 
              FEDERAL BUREAU OF INVESTIGATION.</DELETED>

<DELETED>    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States and to meet the 
intelligence needs of the United States, Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) The Federal Bureau of Investigation has made 
        significant progress in improving its intelligence 
        capabilities.</DELETED>
        <DELETED>    (2) The Federal Bureau of Investigation must 
        further enhance and fully institutionalize its ability to 
        prevent, preempt, and disrupt terrorist threats to our 
        homeland, our people, our allies, and our interests.</DELETED>
        <DELETED>    (3) The Federal Bureau of Investigation must 
        collect, process, share, and disseminate, to the greatest 
        extent permitted by applicable law, to the President, the Vice 
        President, and other officials in the Executive Branch, all 
        terrorism information and other information necessary to 
        safeguard our people and advance our national and homeland 
        security interests.</DELETED>
        <DELETED>    (4) The Federal Bureau of Investigation must move 
        towards full and seamless coordination and cooperation with all 
        other elements of the Intelligence Community, including full 
        participation in, and support to, the National counterterrorism 
        Center.</DELETED>
        <DELETED>    (5) The Federal Bureau of Investigation must 
        strengthen its pivotal role in coordination and cooperation 
        with Federal, State, tribal, and local law enforcement agencies 
        to ensure the necessary sharing of information for 
        counterterrorism and criminal law enforcement 
        purposes.</DELETED>
        <DELETED>    (6) The Federal Bureau of Investigation must 
        perform its vital intelligence functions in a manner consistent 
        with both with national intelligence priorities and respect for 
        privacy and other civil liberties under the Constitution and 
        laws of the United States.</DELETED>
<DELETED>    (b) Improvement of Intelligence Capabilities.--The 
Director of the Federal Bureau of Investigation shall establish a 
comprehensive intelligence program for--</DELETED>
        <DELETED>    (1) intelligence analysis, including recruitment 
        and hiring of analysts, analyst training, priorities and status 
        for analysis, and analysis performance measures;</DELETED>
        <DELETED>    (2) intelligence production, including product 
        standards, production priorities, information sharing and 
        dissemination, and customer satisfaction measures;</DELETED>
        <DELETED>    (3) production of intelligence that is responsive 
        to national intelligence requirements and priorities, including 
        measures of the degree to which each FBI headquarters and field 
        component is collecting and providing such 
        intelligence;</DELETED>
        <DELETED>    (4) intelligence sources, including source 
        validation, new source development, and performance 
        measures;</DELETED>
        <DELETED>    (5) field intelligence operations, including 
        staffing and infrastructure, management processes, priorities, 
        and performance measures;</DELETED>
        <DELETED>    (6) full and seamless coordination and cooperation 
        with the other components of the Intelligence Community, 
        consistent with their responsibilities; and</DELETED>
        <DELETED>    (7) sharing of FBI intelligence and information 
        across Federal, state, and local governments, with the private 
        sector, and with foreign partners as provided by law or by 
        guidelines of the Attorney General.</DELETED>
<DELETED>    (c) Intelligence Directorate.--The Director of the Federal 
Bureau of Investigation shall establish an Intelligence Directorate 
within the FBI. The Intelligence Directorate shall have the authority 
to manage and direct the intelligence operations of all FBI 
headquarters and field components. The Intelligence Directorate shall 
have responsibility for all components and functions of the FBI 
necessary for--</DELETED>
        <DELETED>    (1) oversight of FBI field intelligence 
        operations;</DELETED>
        <DELETED>    (2) FBI human source development and 
        management;</DELETED>
        <DELETED>    (3) FBI collection against nationally-determined 
        intelligence requirements;</DELETED>
        <DELETED>    (4) language services;</DELETED>
        <DELETED>    (5) strategic analysis;</DELETED>
        <DELETED>    (6) intelligence program and budget management; 
        and</DELETED>
        <DELETED>    (7) the intelligence workforce.</DELETED>
<DELETED>    (d) National Security Workforce.--The Director of the 
Federal Bureau of Investigation shall establish a specialized, 
integrated intelligence cadre composed of Special Agents, analysts, 
linguists, and surveillance specialists in a manner which creates and 
sustains within the FBI a workforce with substantial expertise in, and 
commitment to, the intelligence mission of the FBI. The Director 
shall--</DELETED>
        <DELETED>    (1) ensure that these FBI employees may make their 
        career, including promotion to the most senior positions in the 
        FBI, within this career track;</DELETED>
        <DELETED>    (2) establish intelligence cadre requirements 
        for--</DELETED>
                <DELETED>    (A) training;</DELETED>
                <DELETED>    (B) career development and 
                certification;</DELETED>
                <DELETED>    (C) recruitment, hiring, and 
                selection;</DELETED>
                <DELETED>    (D) integrating field intelligence teams; 
                and</DELETED>
                <DELETED>    (E) senior level field 
                management;</DELETED>
        <DELETED>    (3) establish intelligence officer certification 
        requirements, including requirements for training courses and 
        assignments to other intelligence, national security, or 
        homeland security components of the Executive branch, in order 
        to advance to senior operational management positions in the 
        FBI;</DELETED>
        <DELETED>    (4) ensure that the FBI's recruitment and training 
        program enhances its ability to attract individuals with 
        educational and professional backgrounds in intelligence, 
        international relations, language, technology, and other skills 
        relevant to the intelligence mission of the FBI;</DELETED>
        <DELETED>    (5) ensure that all Special Agents and analysts 
        employed by the FBI after the date of the enactment of this Act 
        shall receive basic training in both criminal justice matters 
        and intelligence matters;</DELETED>
        <DELETED>    (6) ensure that all Special Agents employed by the 
        FBI after the date of the enactment of this Act, to the maximum 
        extent practicable, be given an opportunity to undergo, during 
        their early service with the FBI, meaningful assignments in 
        criminal justice matters and in intelligence matters;</DELETED>
        <DELETED>    (7) ensure that, to the maximum extent practical, 
        Special Agents who specialize in intelligence are afforded the 
        opportunity to work on intelligence matters over the remainder 
        of their career with the FBI; and</DELETED>
        <DELETED>    (8) ensure that, to the maximum extent practical, 
        analysts are afforded FBI training and career opportunities 
        commensurate with the training and career opportunities 
        afforded analysts in other elements of the intelligence 
        community.</DELETED>
<DELETED>    (e) Field Office Matters.--The Director of the Federal 
Bureau of Investigation shall take appropriate actions to ensure the 
integration of analysis, Special Agents, linguists, and surveillance 
personnel in FBI field intelligence components and to provide effective 
leadership and infrastructure to support FBI field intelligence 
components. The Director shall--</DELETED>
        <DELETED>    (1) ensure that each FBI field office has an 
        official at the level of Assistant Special Agent in Charge or 
        higher with responsibility for the FBI field intelligence 
        component; and</DELETED>
        <DELETED>    (2) to the extent practicable, provide for such 
        expansion of special compartmented information facilities in 
        FBI field offices as is necessary to ensure the discharge by 
        the field intelligence components of the national security and 
        criminal intelligence mission of the FBI.</DELETED>
<DELETED>    (g) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall, in consultation with the Director of the Office of 
Management and Budget, modify the budget structure of the FBI in order 
to organize the budget according to its four main programs as 
follows:</DELETED>
        <DELETED>    (1) Intelligence.</DELETED>
        <DELETED>    (2) counterterrorism and 
        counterintelligence.</DELETED>
        <DELETED>    (3) Criminal enterprise/Federal crimes.</DELETED>
        <DELETED>    (4) Criminal justice services.</DELETED>
<DELETED>    (h) Reports.--</DELETED>
        <DELETED>    (1)(A) Not later than 180 days after the date of 
        the enactment of this Act, and every twelve months thereafter, 
        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.</DELETED>
        <DELETED>    (B) The Director shall include in the first report 
        required by subparagraph (A) an estimate of the resources 
        required to complete the expansion of special compartmented 
        information facilities to carry out the intelligence mission of 
        FBI field intelligence components.</DELETED>
        <DELETED>    (2) In each annual report required by paragraph 
        (1)(A) the director shall include--</DELETED>
                <DELETED>    (A) a report on the progress made by each 
                FBI field office during the period covered by such 
                review in addressing FBI and national intelligence 
                priorities;</DELETED>
                <DELETED>    (B) a report assessing the qualifications, 
                status, and roles of analysts at FBI headquarters and 
                in FBI field offices; and</DELETED>
                <DELETED>    (C) a report on the progress of the FBI in 
                implementing information-sharing principles.</DELETED>
        <DELETED>    (3) A report required by this subsection shall be 
        submitted--</DELETED>
                <DELETED>    (A) to each committee of Congress that has 
                jurisdiction over the subject matter of such report; 
                and</DELETED>
                <DELETED>    (B) in unclassified form, but may include 
                a classified annex.</DELETED>

   <DELETED>TITLE III--BORDER SECURITY AND TERRORIST TRAVEL</DELETED>

        <DELETED>Subtitle A--Immigration Reform in the National 
                           Interest</DELETED>

            <DELETED>CHAPTER 1--GENERAL PROVISIONS</DELETED>

<DELETED>SEC. 3001. ELIMINATING THE ``WESTERN HEMISPHERE'' EXCEPTION 
              FOR CITIZENS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) In general.--Section 215(b) of the Immigration 
        and Nationality Act (8 U.S.C. 1185(b)) is amended to read as 
        follows:</DELETED>
<DELETED>    ``(b)(1) Except as otherwise provided in this subsection, 
it shall be unlawful for any citizen of the United States to depart 
from or enter, or attempt to depart from or enter, the United States 
unless the citizen bears a valid United States passport.</DELETED>
<DELETED>    ``(2) Subject to such limitations and exceptions as the 
President may authorize and prescribe, the President may waive the 
application of paragraph (1) in the case of a citizen departing the 
United States to, or entering the United States from, foreign 
contiguous territory.</DELETED>
<DELETED>    ``(3) The President, if waiving the application of 
paragraph (1) pursuant to paragraph (2), shall require citizens 
departing the United States to, or entering the United States from, 
foreign contiguous territory to bear a document (or combination of 
documents) designated by the Secretary of Homeland Security under 
paragraph (4).</DELETED>
<DELETED>    ``(4) The Secretary of Homeland Security--</DELETED>
        <DELETED>    ``(A) shall designate documents that are 
        sufficient to denote identity and citizenship in the United 
        States such that they may be used, either individually or in 
        conjunction with another document, to establish that the bearer 
        is a citizen or national of the United States for purposes of 
        lawfully departing from or entering the United States; 
        and</DELETED>
        <DELETED>    ``(B) shall publish a list of those documents in 
        the Federal Register.</DELETED>
<DELETED>    ``(5) A document may not be designated under paragraph (4) 
(whether alone or in combination with other documents) unless the 
Secretary of Homeland Security determines that the document--</DELETED>
        <DELETED>    ``(A) may be relied upon for the purposes of this 
        subsection; and</DELETED>
        <DELETED>    ``(B) may not be issued to an alien unlawfully 
        present in the United States.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect on October 1, 2006.</DELETED>
<DELETED>    (b) Interim Rule.--</DELETED>
        <DELETED>    (1) In general.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security--</DELETED>
                <DELETED>    (A) shall designate documents that are 
                sufficient to denote identity and citizenship in the 
                United States such that they may be used, either 
                individually or in conjunction with another document, 
                to establish that the bearer is a citizen or national 
                of the United States for purposes of lawfully departing 
                from or entering the United States; and</DELETED>
                <DELETED>    (B) shall publish a list of those 
                documents in the Federal Register.</DELETED>
        <DELETED>    (2) Limitation on presidential authority.--
        Beginning on the date that is 90 days after the publication 
        described in paragraph (1)(B), the President, notwithstanding 
        section 215(b) of the Immigration and Nationality Act (8 U.S.C. 
        1185(b)), may not exercise the President's authority under such 
        section so as to permit any citizen of the United States to 
        depart from or enter, or attempt to depart from or enter, the 
        United States from any country other than foreign contiguous 
        territory, unless the citizen bears a document (or combination 
        of documents) designated under paragraph (1)(A).</DELETED>
        <DELETED>    (3) Criteria for designation.--A document may not 
        be designated under paragraph (1)(A) (whether alone or in 
        combination with other documents) unless the Secretary of 
        Homeland Security determines that the document--</DELETED>
                <DELETED>    (A) may be relied upon for the purposes of 
                this subsection; and</DELETED>
                <DELETED>    (B) may not be issued to an alien 
                unlawfully present in the United States.</DELETED>
        <DELETED>    (4) Effective date.--This subsection shall take 
        effect on the date of the enactment of this Act and shall cease 
        to be effective on September 30, 2006.</DELETED>

<DELETED>SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RESPECT TO 
              DOCUMENTATION REQUIREMENTS FOR NATIONALS OF FOREIGN 
              CONTIGUOUS TERRITORIES AND ADJACENT ISLANDS.</DELETED>

<DELETED>    (a) In General.--Section 212(d)(4) of the Immigration and 
Nationality Act (8 U.S.C.1182(d)(4)) is amended--</DELETED>
        <DELETED>    (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'';</DELETED>
        <DELETED>    (2) by striking ``on the basis of reciprocity'' 
        and all that follows through ``or (C)''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>``Either or both of the requirements of such paragraph 
        may also be waived by the Secretary of Homeland Security and 
        the Secretary of State, acting jointly and on the basis of 
        reciprocity, with respect to nationals of foreign contiguous 
        territory or of adjacent islands, but only if such nationals 
        are required, in order to be admitted into the United States, 
        to be in possession of identification deemed by the Secretary 
        of Homeland Security to be secure.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on December 31, 2006.</DELETED>

<DELETED>SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL 
              AGENTS.</DELETED>

<DELETED>    The Secretary of Homeland Security, in each of fiscal 
years 2006 through 2010, shall 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.</DELETED>

<DELETED>SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS 
              ENFORCEMENT INVESTIGATORS.</DELETED>

<DELETED>    The Secretary of Homeland Security, in each of fiscal 
years 2006 through 2010, shall 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 allotted for the preceding fiscal year. 
At least half of these additional investigators shall be designated to 
investigate potential violations of section 274A of the Immigration and 
Nationality Act (8 U.S.C 1324a). Each State shall be allotted at least 
3 of these additional investigators.</DELETED>

<DELETED>SEC. 3005. ALIEN IDENTIFICATION STANDARDS.</DELETED>

<DELETED>    Section 211 of the Immigration and Nationality Act (8 
U.S.C. 1181) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(d) For purposes of establishing identity to any Federal 
employee, an alien present in the United States may present any 
document issued by the Attorney General or the Secretary of Homeland 
Security under the authority of one of the immigration laws (as defined 
in section 101(a)(17)), or an unexpired lawfully issued foreign 
passport. Subject to the limitations and exceptions in immigration laws 
(as defined in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)), no other document may be presented for 
those purposes.''.</DELETED>

<DELETED>SEC. 3006. EXPEDITED REMOVAL.</DELETED>

<DELETED>    Section 235(b)(1)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through 
(iii) and inserting the following:</DELETED>
                        <DELETED>    ``(i) In general.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                        </DELETED>
                                <DELETED>    ``(I) the alien has been 
                                charged with a crime, is in criminal 
                                proceedings, or is serving a criminal 
                                sentence; or</DELETED>
                                <DELETED>    ``(II) the alien indicates 
                                an intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 
                                year.</DELETED>
                        <DELETED>    ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 
                        year.''.</DELETED>

<DELETED>SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING 
              ASYLUM.</DELETED>

<DELETED>    (a) Conditions for Granting Asylum.--Section 208(b) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``The Attorney 
        General'' and inserting the following:</DELETED>
                <DELETED>    ``(A) Eligibility.--The Secretary of 
                Homeland Security or the Attorney General''; 
                and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Burden of proof.--The burden of 
                proof is on the applicant to establish that the 
                applicant is a refugee within the meaning of section 
                101(a)(42)(A). To establish that the applicant is a 
                refugee within the meaning of this Act, the applicant 
                must establish that race, religion, nationality, 
                membership in a particular social group, or political 
                opinion was or will be the central motive for 
                persecuting the applicant. The testimony of the 
                applicant may be sufficient to sustain such burden 
                without corroboration, but only if it is credible, is 
                persuasive, and refers to specific facts that 
                demonstrate that the applicant is a refugee. Where the 
                trier of fact finds that it is reasonable to expect 
                corroborating evidence for certain alleged facts 
                pertaining to the specifics of the applicant's claim, 
                such evidence must be provided unless a reasonable 
                explanation is given as to why such information is not 
                provided. The credibility determination of the trier of 
                fact may be based, in addition to other factors, on the 
                demeanor, candor, or responsiveness of the applicant or 
                witness, the consistency between the applicant's or 
                witness's written and oral statements, whether or not 
                under oath, made at any time to any officer, agent, or 
                employee of the United States, the internal consistency 
                of each such statement, the consistency of such 
                statements with the country conditions in the country 
                from which the applicant claims asylum (as presented by 
                the Department of State) and any inaccuracies or 
                falsehoods in such statements. These factors may be 
                considered individually or cumulatively.''.</DELETED>
<DELETED>    (b) Standard of Review for Orders of Removal.--Section 
242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) 
is amended by adding after subparagraph (D) the following flush 
language: ``No court shall reverse a determination made by an 
adjudicator with respect to the availability of corroborating evidence 
as described in section 208(b)(1)(B), unless the court finds that a 
reasonable adjudicator is compelled to conclude that such corroborating 
evidence is unavailable.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendment made by subsection (b) 
shall take effect upon the date of enactment of this Act and shall 
apply to cases in which the final administrative removal order was 
issued before, on, or after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 3008. REVOCATION OF VISAS AND OTHER TRAVEL 
              DOCUMENTATION.</DELETED>

<DELETED>    (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 administrative 
or judicial review of a revocation under this subsection, and no court 
or other person otherwise shall have jurisdiction to consider any claim 
challenging the validity of such a revocation.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (c) Revocation of Petitions.--Section 205 of the 
Immigration and Nationality Act (8 U.S.C. 1155) is amended--</DELETED>
        <DELETED>    (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security''; and</DELETED>
        <DELETED>    (2) by striking the final two sentences.</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act and shall 
apply to revocations under sections 205 and 221(i) of the Immigration 
and Nationality Act made before, on, or after such date.</DELETED>

<DELETED>SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL.</DELETED>

<DELETED>    (a) In General.--Section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraphs (A), (B), and 
                        (C), by inserting ``(statutory and 
                        nonstatutory), including section 2241 of title 
                        28, United States Code, or any other habeas 
                        corpus provision, and sections 1361 and 1651 of 
                        title 28, United States Code'' after 
                        ``Notwithstanding any other provision of law''; 
                        and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(D) Judicial review of certain legal 
                claims.--Nothing in this paragraph shall be construed 
                as precluding consideration by the circuit courts of 
                appeals of constitutional claims or pure questions of 
                law raised upon petitions for review filed in 
                accordance with this section. Notwithstanding any other 
                provision of law (statutory and nonstatutory), 
                including section 2241 of title 28, United States Code, 
                or, except as provided in subsection (e), any other 
                habeas corpus provision, and sections 1361 and 1651 of 
                title 28, United States Code, such petitions for review 
                shall be the sole and exclusive means of raising any 
                and all claims with respect to orders of removal 
                entered or issued under any provision of this Act.''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) Claims under the united nations 
        convention.--Notwithstanding any other provision of law 
        (statutory and nonstatutory), including section 2241 of title 
        28, United States Code, or any other habeas corpus provision, 
        and sections 1361 and 1651 of title 28, United States Code, a 
        petition for review by the circuit courts of appeals filed in 
        accordance with this section is the sole and exclusive means of 
        judicial review of claims arising under the United Nations 
        Convention Against Torture and Other Forms of Cruel, Inhuman, 
        or Degrading Treatment or Punishment.</DELETED>
        <DELETED>    ``(5) Exclusive means of review.--The judicial 
        review specified in this subsection shall be the sole and 
        exclusive means for review by any court of an order of removal 
        entered or issued under any provision of this Act. For purposes 
        of this title, in every provision that limits or eliminates 
        judicial review or jurisdiction to review, the terms `judicial 
        review' and `jurisdiction to review' include habeas corpus 
        review pursuant to section 2241 of title 28, United States 
        Code, or any other habeas corpus provision, sections 1361 and 
        1651 of title 28, United States Code, and review pursuant to 
        any other provision of law.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (3)(B), by inserting 
                ``pursuant to subsection (f)'' after ``unless''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (9), by adding at the end 
                the following: ``Except as otherwise provided in this 
                subsection, no court shall have jurisdiction, by habeas 
                corpus under section 2241 of title 28, United States 
                Code, or any other habeas corpus provision, by section 
                1361 or 1651 of title 28, United States Code, or by any 
                other provision of law (statutory or nonstatutory), to 
                hear any cause or claim subject to these consolidation 
                provisions.'';</DELETED>
        <DELETED>    (3) in subsection (f)(2), by inserting ``or stay, 
        by temporary or permanent order, including stays pending 
        judicial review,'' after ``no court shall enjoin''; 
        and</DELETED>
        <DELETED>    (4) in subsection (g), by inserting ``(statutory 
        and nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of title 28, United States Code'' after 
        ``notwithstanding any other provision of law''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect upon the date of enactment of this Act and shall 
apply to cases in which the final administrative removal order was 
issued before, on, or after the date of enactment of this 
Act.</DELETED>

    <DELETED>CHAPTER 2--DEPORTATION OF TERRORISTS AND SUPPORTERS OF 
                          TERRORISM</DELETED>

<DELETED>SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION ON 
              REMOVAL.</DELETED>

<DELETED>    (a) In General.--Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)) is amended--</DELETED>
        <DELETED>    (1) in the matter preceding clause (i), by 
        striking ``section 237(a)(4)(D)'' and inserting ``paragraph 
        (4)(B) or (4)(D) of section 237(a)''; and</DELETED>
        <DELETED>    (2) in clause (iii), by striking ``or'';</DELETED>
        <DELETED>    (3) in clause (iv), by striking the period and 
        inserting ``; or'' ;</DELETED>
        <DELETED>    (4) by inserting after clause (iv) and 
        following:</DELETED>
                        <DELETED>    ``(v) the alien is described in 
                        subclause (I), (II), (III), (IV), or (VI) of 
                        section 212(a)(3)(B)(i) or section 
                        237(a)(4)(B), unless, in the case only of an 
                        alien described in subclause (IV) of section 
                        212(a)(3)(B)(i), the Secretary of Homeland 
                        Security determines, in the Secretary's 
                        discretion, that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States.''; 
                        and</DELETED>
        <DELETED>    (5) by striking the last sentence.</DELETED>
<DELETED>    (b) Exceptions.--Section 208(b)(2)(A)(v) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is 
amended--</DELETED>
        <DELETED>    (1) by striking ``inadmissible under'' each place 
        such term appears and inserting ``described in''; and</DELETED>
        <DELETED>    (2) by striking ``removable under''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act and shall 
apply to--</DELETED>
        <DELETED>    (1) removal proceedings instituted before, on, or 
        after the date of the enactment of this Act; and</DELETED>
        <DELETED>    (2) acts and conditions constituting a ground for 
        inadmissibility or removal occurring or existing before, on, or 
        after such date.</DELETED>

<DELETED>SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR TERRORISTS 
              AND CRIMINALS.</DELETED>

<DELETED>    (a) Regulations.--</DELETED>
        <DELETED>    (1) Revision deadline.--Not later than 120 days 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security shall revise the regulations prescribed by 
        the Secretary to implement the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman or Degrading 
        Treatment or Punishment, done at New York on December 10, 
        1984.</DELETED>
        <DELETED>    (2) Exclusion of certain aliens.--The revision--
        </DELETED>
                <DELETED>    (A) shall exclude from the protection of 
                such regulations aliens described in section 
                241(b)(3)(B) of the Immigration and Nationality Act (8 
                U.S.C. 1231(b)(3)(B)) (as amended by this title), 
                including rendering such aliens ineligible for 
                withholding or deferral of removal under the 
                Convention; and</DELETED>
                <DELETED>    (B) shall ensure that the revised 
                regulations operate so as to--</DELETED>
                        <DELETED>    (i) allow for the reopening of 
                        determinations made under the regulations 
                        before the effective date of the revision; 
                        and</DELETED>
                        <DELETED>    (ii) apply to acts and conditions 
                        constituting a ground for ineligibility for the 
                        protection of such regulations, as revised, 
                        regardless of when such acts or conditions 
                        occurred.</DELETED>
        <DELETED>    (3) Burden of proof.--The revision shall also 
        ensure that the burden of proof is on the applicant for 
        withholding or deferral of removal under the Convention to 
        establish by clear and convincing evidence that he or she would 
        be tortured if removed to the proposed country of 
        removal.</DELETED>
<DELETED>    (b) Judicial Review.--Notwithstanding any other provision 
of law, no court shall have jurisdiction to review the regulations 
adopted to implement this section, and nothing in this section shall be 
construed as providing any court jurisdiction to consider or review 
claims raised under the Convention or this section, except as part of 
the review of a final order of removal pursuant to section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252).</DELETED>

<DELETED>SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.</DELETED>

<DELETED>    (a) In General.--Section 241(b) of the Immigration and 
Nationality Act (8 U.S.C. 1231(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in each of subparagraphs (A) and (B), 
                by striking the period at the end and inserting 
                ``unless, in the opinion of the Secretary of Homeland 
                Security, removing the alien to such country would be 
                prejudicial to the United States.''; and</DELETED>
                <DELETED>    (B) by amending subparagraph (C) to read 
                as follows:</DELETED>
                <DELETED>    ``(C) Alternative countries.--If the alien 
                is not removed to a country designated in subparagraph 
                (A) or (B), the Secretary of Homeland Security shall 
                remove the alien to--</DELETED>
                        <DELETED>    ``(i) the country of which the 
                        alien is a citizen, subject, or national, where 
                        the alien was born, or where the alien has a 
                        residence, unless the country physically 
                        prevents the alien from entering the country 
                        upon the alien's removal there; or</DELETED>
                        <DELETED>    ``(ii) any country whose 
                        government will accept the alien into that 
                        country.''; and</DELETED>
        <DELETED>    (2) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``Attorney General'' each 
                place such term appears and inserting ``Secretary of 
                Homeland Security'';</DELETED>
                <DELETED>    (B) by amending subparagraph (D) to read 
                as follows:</DELETED>
                <DELETED>    ``(D) Alternative countries.--If the alien 
                is not removed to a country designated under 
                subparagraph (A)(i), the Secretary of Homeland Security 
                shall remove the alien to a country of which the alien 
                is a subject, national, or citizen, or where the alien 
                has a residence, unless--</DELETED>
                        <DELETED>    ``(i) such country physically 
                        prevents the alien from entering the country 
                        upon the alien's removal there; or</DELETED>
                        <DELETED>    ``(ii) in the opinion of the 
                        Secretary of Homeland Security, removing the 
                        alien to the country would be prejudicial to 
                        the United States.''; and</DELETED>
                <DELETED>    (C) by amending subparagraph (E)(vii) to 
                read as follows:</DELETED>
                        <DELETED>    ``(vii) Any country whose 
                        government will accept the alien into that 
                        country.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply to any deportation, exclusion, or removal on or after such date 
pursuant to any deportation, exclusion, or removal order, regardless of 
whether such order is administratively final before, on, or after such 
date.</DELETED>

      <DELETED>Subtitle B--Identity Management Security</DELETED>

    <DELETED>CHAPTER 1--IMPROVED SECURITY FOR DRIVERS' LICENSES AND 
                PERSONAL IDENTIFICATION CARDS</DELETED>

<DELETED>SEC. 3051. DEFINITIONS.</DELETED>

<DELETED>    In this chapter, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Driver's license.--The term ``driver's 
        license'' means a motor vehicle operator's license, as defined 
        in section 30301 of title 49, United States Code.</DELETED>
        <DELETED>    (2) Identification card.--The term 
        ``identification card'' means a personal identification card, 
        as defined in section 1028(d) of title 18, United States Code, 
        issued by a State.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (4) State.--The term ``State'' means a State of 
        the United States, the District of Columbia, Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Northern Mariana 
        Islands, the Trust Territory of the Pacific Islands, and any 
        other territory or possession of the United States.</DELETED>

<DELETED>SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE 
              STANDARDS FOR FEDERAL RECOGNITION.</DELETED>

<DELETED>    (a) Minimum Standards for Federal Use.--</DELETED>
        <DELETED>    (1) In general.--Beginning 3 years after the date 
        of enactment of this Act, a Federal agency may not accept, for 
        any official purpose, a driver's license or identification card 
        issued by a State to any person unless the State is meeting the 
        requirements of this section.</DELETED>
        <DELETED>    (2) State certifications.--The Secretary shall 
        determine whether a State is meeting the requirements of this 
        section based on certifications made by the State to the 
        Secretary. Such certifications shall be made at such times and 
        in such manner as the Secretary, in consultation with the 
        Secretary of Transportation, may prescribe by 
        regulation.</DELETED>
<DELETED>    (b) Minimum Document Requirements.--To meet the 
requirements of this section, a State shall include, at a minimum, the 
following information and features on each driver's license and 
identification card issued to a person by the State:</DELETED>
        <DELETED>    (1) The person's full legal name.</DELETED>
        <DELETED>    (2) The person's date of birth.</DELETED>
        <DELETED>    (3) The person's gender.</DELETED>
        <DELETED>    (4) The person's driver license or identification 
        card number.</DELETED>
        <DELETED>    (5) A photograph of the person.</DELETED>
        <DELETED>    (6) The person's address of principal 
        residence.</DELETED>
        <DELETED>    (7) The person's signature.</DELETED>
        <DELETED>    (8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.</DELETED>
        <DELETED>    (9) A common machine-readable technology, with 
        defined minimum data elements.</DELETED>
<DELETED>    (c) Minimum Issuance Standards.--</DELETED>
        <DELETED>    (1) In general.--To meet the requirements of this 
        section, a State shall require, at a minimum, presentation and 
        verification of the following information before issuing a 
        driver's license or identification card to a person:</DELETED>
                <DELETED>    (A) A photo identity document, except that 
                a non-photo identity document is acceptable if it 
                includes both the person's full legal name and date of 
                birth.</DELETED>
                <DELETED>    (B) Documentation showing the person's 
                date of birth.</DELETED>
                <DELETED>    (C) Proof of the person's social security 
                account number or verification that the person is not 
                eligible for a social security account 
                number.</DELETED>
                <DELETED>    (D) Documentation showing the person's 
                name and address of principal residence.</DELETED>
        <DELETED>    (2) Verification of documents.--To meet the 
        requirements of this section, a State shall implement the 
        following procedures:</DELETED>
                <DELETED>    (A) Before issuing a driver's license or 
                identification card to a person, the State shall 
                verify, with the issuing agency, the issuance, 
                validity, and completeness of each document required to 
                be presented by the person under paragraph 
                (1).</DELETED>
                <DELETED>    (B) The State shall not accept any foreign 
                document, other than an official passport, to satisfy a 
                requirement of paragraph (1).</DELETED>
<DELETED>    (d) Other Requirements.--To meet the requirements of this 
section, a State shall adopt the following practices in the issuance of 
drivers' licenses and identification cards:</DELETED>
        <DELETED>    (1) Employ technology to capture digital images of 
        identity source documents so that the images can be retained in 
        electronic storage in a transferable format.</DELETED>
        <DELETED>    (2) Retain paper copies of source documents for a 
        minimum of 7 years or images of source documents presented for 
        a minimum of 10 years.</DELETED>
        <DELETED>    (3) Subject each person applying for a driver's 
        license or identification card to mandatory facial image 
        capture.</DELETED>
        <DELETED>    (4) Establish an effective procedure to confirm or 
        verify a renewing applicant's information.</DELETED>
        <DELETED>    (5) Confirm with the Social Security 
        Administration a social security account number presented by a 
        person using the full social security account number. In the 
        event that a social security account number is already 
        registered to or associated with another person to which any 
        State has issued a driver's license or identification card, the 
        State shall resolve the discrepancy and take appropriate 
        action.</DELETED>
        <DELETED>    (6) Refuse to issue a driver's license or 
        identification card to a person holding a driver's license 
        issued by another State without confirmation that the person is 
        terminating or has terminated the driver's license.</DELETED>
        <DELETED>    (7) Ensure the physical security of locations 
        where drivers' licenses and identification cards are produced 
        and the security of document materials and papers from which 
        drivers' licenses and identification cards are 
        produced.</DELETED>
        <DELETED>    (8) Subject all persons authorized to manufacture 
        or produce drivers' licenses and identification cards to 
        appropriate security clearance requirements.</DELETED>
        <DELETED>    (9) Establish fraudulent document recognition 
        training programs for appropriate employees engaged in the 
        issuance of drivers' licenses and identification 
        cards.</DELETED>

<DELETED>SEC. 3053. LINKING OF DATABASES.</DELETED>

<DELETED>    (a) In General.--To be eligible to receive any grant or 
other type of financial assistance made available under this subtitle, 
a State shall participate in the interstate compact regarding sharing 
of driver license data, known as the ``Driver License Agreement'', in 
order to provide electronic access by a State to information contained 
in the motor vehicle databases of all other States.</DELETED>
<DELETED>    (b) Requirements for Information.--A State motor vehicle 
database shall contain, at a minimum, the following 
information:</DELETED>
        <DELETED>    (1) All data fields printed on drivers' licenses 
        and identification cards issued by the State.</DELETED>
        <DELETED>    (2) Motor vehicle drivers' histories, including 
        motor vehicle violations, suspensions, and points on 
        licenses.</DELETED>

<DELETED>SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN 
              FALSE IDENTIFICATION DOCUMENTS.</DELETED>

<DELETED>    Section 1028(a)(8) of title 18, United States Code, is 
amended by striking ``false authentication features'' and inserting 
``false or actual authentication features''.</DELETED>

<DELETED>SEC. 3055. GRANTS TO STATES.</DELETED>

<DELETED>    (a) In General.--The Secretary may make grants to a State 
to assist the State in conforming to the minimum standards set forth in 
this chapter.</DELETED>
<DELETED>    (b) 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 
chapter.</DELETED>

<DELETED>SEC. 3056. AUTHORITY.</DELETED>

<DELETED>    (a) Participation of Secretary of Transportation and 
States.--All authority to issue regulations, certify standards, and 
issue grants under this chapter shall be carried out by the Secretary, 
in consultation with the Secretary of Transportation and the 
States.</DELETED>
<DELETED>    (b) Extensions of Deadlines.--The Secretary may grant to a 
State an extension of time to meet the requirements of section 
3052(a)(1) if the State provides adequate justification for 
noncompliance.</DELETED>

 <DELETED>CHAPTER 2--IMPROVED SECURITY FOR BIRTH CERTIFICATES</DELETED>

<DELETED>SEC. 3061. DEFINITIONS.</DELETED>

<DELETED>    (a) Applicability of Definitions.--Except as otherwise 
specifically provided, the definitions contained in section 3051 apply 
to this chapter.</DELETED>
<DELETED>    (b) Other Definitions.--In this chapter, the following 
definitions apply:</DELETED>
        <DELETED>    (1) Birth certificate.--The term ``birth 
        certificate'' means a certificate of birth--</DELETED>
                <DELETED>    (A) for an individual (regardless of where 
                born)--</DELETED>
                        <DELETED>    (i) who is a citizen or national 
                        of the United States at birth; and</DELETED>
                        <DELETED>    (ii) whose birth is registered in 
                        the United States; and</DELETED>
                <DELETED>    (B) that--</DELETED>
                        <DELETED>    (i) 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</DELETED>
                        <DELETED>    (ii) 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.</DELETED>
        <DELETED>    (2) Registrant.--The term ``registrant'' means, 
        with respect to a birth certificate, the person whose birth is 
        registered on the certificate.</DELETED>
        <DELETED>    (3) State.--The term ``State'' shall have the 
        meaning given such term in section 3051; except that New York 
        City shall be treated as a State separate from New 
        York.</DELETED>

<DELETED>SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL 
              GOVERNMENTS.</DELETED>

<DELETED>    The minimum standards in this chapter applicable to birth 
certificates issued by a State shall also apply to birth certificates 
issued by a local government in the State. It shall be the 
responsibility of the State to ensure that local governments in the 
State comply with the minimum standards.</DELETED>

<DELETED>SEC. 3063. MINIMUM STANDARDS FOR FEDERAL 
              RECOGNITION.</DELETED>

<DELETED>    (a) Minimum Standards for Federal Use.--</DELETED>
        <DELETED>    (1) In general.--Beginning 3 years after the date 
        of enactment of this Act, a Federal agency may not accept, for 
        any official purpose, a birth certificate issued by a State to 
        any person unless the State is meeting the requirements of this 
        section.</DELETED>
        <DELETED>    (2) State certifications.--The Secretary shall 
        determine whether a State is meeting the requirements of this 
        section based on certifications made by the State to the 
        Secretary. Such certifications shall be made at such times and 
        in such manner as the Secretary, in consultation with the 
        Secretary of Health and Human Services, may prescribe by 
        regulation.</DELETED>
<DELETED>    (b) Minimum Document Standards.--To meet the requirements 
of this section, a State shall include, on each birth certificate 
issued to a person by the State, the use of safety paper, the seal of 
the issuing custodian of record, and such other features as the 
Secretary may determine necessary to prevent tampering, counterfeiting, 
and otherwise duplicating the birth certificate for fraudulent 
purposes. The Secretary may not require a single design to which birth 
certificates issued by all States must conform.</DELETED>
<DELETED>    (c) Minimum Issuance Standards.--</DELETED>
        <DELETED>    (1) In general.--To meet the requirements of this 
        section, a State shall require and verify the following 
        information from the requestor before issuing an authenticated 
        copy of a birth certificate:</DELETED>
                <DELETED>    (A) The name on the birth 
                certificate.</DELETED>
                <DELETED>    (B) The date and location of the 
                birth.</DELETED>
                <DELETED>    (C) The mother's maiden name.</DELETED>
                <DELETED>    (D) Substantial proof of the requestor's 
                identity.</DELETED>
        <DELETED>    (2) Issuance to persons not named on birth 
        certificate.--To meet the requirements of this section, in the 
        case of a request by a person who is not named on the birth 
        certificate, a State must require the presentation of legal 
        authorization to request the birth certificate before 
        issuance.</DELETED>
        <DELETED>    (3) Issuance to family members.--Not later than 
        one year after the date of enactment of this Act, the 
        Secretary, in consultation with the Secretary of Health and 
        Human Services and the States, shall establish minimum 
        standards for issuance of a birth certificate to specific 
        family members, their authorized representatives, and others 
        who demonstrate that the certificate is needed for the 
        protection of the requestor's personal or property 
        rights.</DELETED>
        <DELETED>    (4) Waivers.--A State may waive the requirements 
        set forth in subparagraphs (A) through (C) of subsection (c)(1) 
        in exceptional circumstances, such as the incapacitation of the 
        registrant.</DELETED>
        <DELETED>    (5) Applications by electronic means.--To meet the 
        requirements of this section, for applications by electronic 
        means, through the mail or by phone or fax, a State shall 
        employ third party verification, or equivalent verification, of 
        the identity of the requestor.</DELETED>
        <DELETED>    (6) Verification of documents.--To meet the 
        requirements of this section, a State shall verify the 
        documents used to provide proof of identity of the 
        requestor.</DELETED>
<DELETED>    (d) Other Requirements.--To meet the requirements of this 
section, a State shall adopt, at a minimum, the following practices in 
the issuance and administration of birth certificates:</DELETED>
        <DELETED>    (1) Establish and implement minimum building 
        security standards for State and local vital record 
        offices.</DELETED>
        <DELETED>    (2) Restrict public access to birth certificates 
        and information gathered in the issuance process to ensure that 
        access is restricted to entities with which the State has a 
        binding privacy protection agreement.</DELETED>
        <DELETED>    (3) Subject all persons with access to vital 
        records to appropriate security clearance 
        requirements.</DELETED>
        <DELETED>    (4) Establish fraudulent document recognition 
        training programs for appropriate employees engaged in the 
        issuance process.</DELETED>
        <DELETED>    (5) Establish and implement internal operating 
        system standards for paper and for electronic 
        systems.</DELETED>
        <DELETED>    (6) Establish a central database that can provide 
        interoperative data exchange with other States and with Federal 
        agencies, subject to privacy restrictions and confirmation of 
        the authority and identity of the requestor.</DELETED>
        <DELETED>    (7) Ensure that birth and death records are 
        matched in a comprehensive and timely manner, and that all 
        electronic birth records and paper birth certificates of 
        decedents are marked ``deceased''.</DELETED>
        <DELETED>    (8) Cooperate with the Secretary in the 
        implementation of electronic verification of vital events under 
        section 3065.</DELETED>

<DELETED>SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH 
              REGISTRATION SYSTEMS.</DELETED>

<DELETED>    In consultation with the Secretary of Health and Human 
Services and the Commissioner of Social Security, the Secretary shall 
take the following actions:</DELETED>
        <DELETED>    (1) Work with the States to establish a common 
        data set and common data exchange protocol for electronic birth 
        registration systems and death registration systems.</DELETED>
        <DELETED>    (2) Coordinate requirements for such systems to 
        align with a national model.</DELETED>
        <DELETED>    (3) Ensure that fraud prevention is built into the 
        design of electronic vital registration systems in the 
        collection of vital event data, the issuance of birth 
        certificates, and the exchange of data among government 
        agencies.</DELETED>
        <DELETED>    (4) Ensure that electronic systems for issuing 
        birth certificates, in the form of printed abstracts of birth 
        records or digitized images, employ a common format of the 
        certified copy, so that those requiring such documents can 
        quickly confirm their validity.</DELETED>
        <DELETED>    (5) Establish uniform field requirements for State 
        birth registries.</DELETED>
        <DELETED>    (6) Not later than 1 year after the date of 
        enactment of this Act, establish a process with the Department 
        of Defense that will result in the sharing of data, with the 
        States and the Social Security Administration, regarding deaths 
        of United States military personnel and the birth and death of 
        their dependents.</DELETED>
        <DELETED>    (7) Not later than 1 year after the date of 
        enactment of this Act, establish a process with the Department 
        of State to improve registration, notification, and the sharing 
        of data with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens 
        abroad.</DELETED>
        <DELETED>    (8) Not later than 3 years after the date of 
        establishment of databases provided for under this section, 
        require States to record and retain electronic records of 
        pertinent identification information collected from requestors 
        who are not the registrants.</DELETED>
        <DELETED>    (9) Not later than 6 months after the date of 
        enactment of this Act, submit to Congress, a report on whether 
        there is a need for Federal laws to address penalties for fraud 
        and misuse of vital records and whether violations are 
        sufficiently enforced.</DELETED>

<DELETED>SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.</DELETED>

<DELETED>    (a) Lead Agency.--The Secretary shall lead the 
implementation of electronic verification of a person's birth and 
death.</DELETED>
<DELETED>    (b) Regulations.--In carrying out subsection (a), the 
Secretary shall issue regulations to establish a means by which 
authorized Federal and State agency users with a single interface will 
be able to generate an electronic query to any participating vital 
records jurisdiction throughout the Nation to verify the contents of a 
paper birth certificate. Pursuant to the regulations, an electronic 
response from the participating vital records jurisdiction as to 
whether there is a birth record in their database that matches the 
paper birth certificate will be returned to the user, along with an 
indication if the matching birth record has been flagged ``deceased''. 
The regulations shall take effect not later than 5 years after the date 
of enactment of this Act.</DELETED>

<DELETED>SEC. 3066. GRANTS TO STATES.</DELETED>

<DELETED>    (a) In General.--The Secretary may make grants to a State 
to assist the State in conforming to the minimum standards set forth in 
this chapter.</DELETED>
<DELETED>    (b) 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 
chapter.</DELETED>

<DELETED>SEC. 3067. AUTHORITY.</DELETED>

<DELETED>    (a) Participation With Federal Agencies and States.--All 
authority to issue regulations, certify standards, and issue grants 
under this chapter shall be carried out by the Secretary, with the 
concurrence of the Secretary of Health and Human Services and in 
consultation with State vital statistics offices and appropriate 
Federal agencies.</DELETED>
<DELETED>    (b) Extensions of Deadlines.--The Secretary may grant to a 
State an extension of time to meet the requirements of section 
3063(a)(1) if the State provides adequate justification for 
noncompliance.</DELETED>

<DELETED>Chapter 3--Measures To Enhance Privacy and Integrity of Social 
                   Security Account Numbers</DELETED>

<DELETED>SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY 
              ACCOUNT NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE 
              REGISTRATIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``(I)'' after ``(vi)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subclause:</DELETED>
<DELETED>    ``(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 or motor vehicle registration 
or any other document issued by such State or political subdivision to 
an individual for purposes of identification of such individual or 
include on any such licence, registration, or other document a magnetic 
strip, bar code, or other means of communication which conveys such 
number (or derivative thereof).''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall apply with respect to licenses, registrations, and other 
documents issued or reissued after 1 year after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED 
              IN SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
              NUMBERS.</DELETED>

<DELETED>    (a) Applications for Social Security Account Numbers.--
Section 205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(ii)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(I)'' after ``(ii)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subclause:</DELETED>
<DELETED>    ``(II) With respect to an application for a social 
security account number for an individual, other than for purposes of 
enumeration at birth, the Commissioner shall require independent 
verification of any birth record provided by the applicant in support 
of the application. The Commissioner may provide by regulation for 
reasonable exceptions from the requirement for independent verification 
under this subclause in any case in which the Commissioner determines 
there is minimal opportunity for fraud.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to applications filed after 270 days after the 
date of the enactment of this Act.</DELETED>
<DELETED>    (c) Study Regarding Applications for Replacement Social 
Security Cards.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of the enactment of this Act, the Commissioner of Social 
        Security shall undertake a study to test the feasibility and 
        cost effectiveness of verifying all identification documents 
        submitted by an applicant for a replacement social security 
        card. As part of such study, the Commissioner shall determine 
        the feasibility of, and the costs associated with, the 
        development of appropriate electronic processes for third party 
        verification of any such identification documents which are 
        issued by agencies and instrumentalities of the Federal 
        Government and of the States (and political subdivisions 
        thereof).</DELETED>
        <DELETED>    (2) Report.--Not later than 2 years after the date 
        of the enactment of this Act, the Commissioner shall 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 undertaken under paragraph (1). Such 
        report shall contain such recommendations for legislative 
        changes as the Commissioner considers necessary to implement 
        needed improvements in the process for verifying identification 
        documents submitted by applicants for replacement social 
        security cards.</DELETED>

<DELETED>SEC. 3073. ENUMERATION AT BIRTH.</DELETED>

<DELETED>    (a) Improvement of Application Process.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of the 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--</DELETED>
                <DELETED>    (A) the assignment of social security 
                account numbers to unnamed children;</DELETED>
                <DELETED>    (B) the issuance of more than 1 social 
                security account number to the same child; 
                and</DELETED>
                <DELETED>    (C) other opportunities for fraudulently 
                obtaining a social security account number.</DELETED>
        <DELETED>    (2) Report to the congress.--Not later than 1 year 
        after the date of the enactment of this Act, the Commissioner 
        shall transmit to each House of the Congress a report 
        specifying in detail the extent to which the improvements 
        required under paragraph (1) have been made.</DELETED>
<DELETED>    (b) Study Regarding Process for Enumeration at Birth.--
</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of the enactment of this Act, the Commissioner of Social 
        Security shall undertake a study to determine the most 
        efficient options for ensuring the integrity of the process for 
        enumeration at birth. Such 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.</DELETED>
        <DELETED>    (2) Report.--Not later than 18 months after the 
        date of the enactment of this Act, the Commissioner shall 
        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 undertaken under paragraph 
        (1). Such report shall contain such recommendations for 
        legislative changes as the Commissioner considers necessary to 
        implement needed improvements in the process for enumeration at 
        birth.</DELETED>

<DELETED>SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC 
              IDENTIFICATION IN CONNECTION WITH APPLICATIONS FOR 
              BENEFITS, SOCIAL SECURITY ACCOUNT NUMBERS, AND SOCIAL 
              SECURITY CARDS.</DELETED>

<DELETED>    (a) In General.--As soon as practicable after the date of 
the enactment of this Act, the Commissioner of Social Security shall 
undertake a study to--</DELETED>
        <DELETED>    (1) determine the best method of requiring and 
        obtaining photographic identification of applicants for old-
        age, survivors, and disability insurance benefits under title 
        II of the Social Security Act, for a social security account 
        number, or for a replacement social security card, and of 
        providing for reasonable exceptions to any requirement for 
        photographic identification of such applicants that may be 
        necessary to promote efficient and effective administration of 
        such title, and</DELETED>
        <DELETED>    (2) evaluate the benefits and costs of instituting 
        such a requirement for photographic identification, including 
        the degree to which the security and integrity of the old-age, 
        survivors, and disability insurance program would be 
        enhanced.</DELETED>
<DELETED>    (b) Report.--Not later than 18 months after the date of 
the enactment of this Act, the Commissioner shall 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 
undertaken under subsection (a). Such report shall contain such 
recommendations for legislative changes as the Commissioner considers 
necessary relating to requirements for photographic identification of 
applicants described in subsection (a).</DELETED>

<DELETED>SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT 
              SOCIAL SECURITY CARDS.</DELETED>

<DELETED>    (a) In General.--Section 205(c)(2)(G) of the Social 
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by adding at the end 
the following new sentence: ``The Commissioner shall restrict the 
issuance of multiple replacement social security cards to any 
individual to 3 per year and to 10 for the life of the individual, 
except in any case in which the Commissioner determines there is 
minimal opportunity for fraud.''.</DELETED>
<DELETED>    (b) Regulations and Effective Date.--The Commissioner of 
Social Security shall issue regulations under the amendment made by 
subsection (a) not later than 1 year after the date of the enactment of 
this Act. Systems controls developed by the Commissioner pursuant to 
such amendment shall take effect upon the earlier of the issuance of 
such regulations or the end of such 1-year period.</DELETED>

<DELETED>SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SOCIAL 
              SECURITY ACCOUNT NUMBERING SYSTEM TO SHOW WORK 
              AUTHORIZATION STATUS.</DELETED>

<DELETED>    (a) In General.--As soon as practicable after the date of 
the enactment of this Act, the Commissioner of Social Security, in 
consultation with the Secretary of Homeland Security, shall undertake a 
study to examine the best method of modifying the social security 
account number assigned to individuals who--</DELETED>
        <DELETED>    (1) are not citizens of the United 
        States,</DELETED>
        <DELETED>    (2) have not been admitted for permanent 
        residence, and</DELETED>
        <DELETED>    (3) are not authorized by the Secretary of 
        Homeland Security to work in the United States, or are so 
        authorized subject to one or more restrictions,</DELETED>
<DELETED>so as to include an indication of such lack of authorization 
to work or such restrictions on such an authorization.</DELETED>
<DELETED>    (b) Report.--Not later than 1 year after the date of the 
enactment of this Act, the Commissioner shall 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 undertaken 
under this section. Such report shall include the Commissioner's 
recommendations of feasible options for modifying the social security 
account number in the manner described in subsection (a).</DELETED>

       <DELETED>Subtitle C--Targeting Terrorist Travel</DELETED>

<DELETED>SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS AND TRAVEL 
              HISTORY DATABASE.</DELETED>

<DELETED>    (a) In General.--Not later than May 31, 2005, the 
Comptroller General of the United States, the Secretary of State, and 
the Secretary of Homeland Security each shall submit to the Committees 
on the Judiciary of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate the results of a 
separate study on the subjects described in subsection (c).</DELETED>
<DELETED>    (b) Study.--The study submitted by the Secretary of State 
under subsection (a) shall be completed by the Office of Visa and 
Passport Control of the Department of State, in coordination with the 
appropriate officials of the Department of Homeland Security.</DELETED>
<DELETED>    (c) Contents.--The studies described 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 each of the 
following:</DELETED>
        <DELETED>    (1) Requiring nationals of all countries to 
        present machine-readable, tamper-resistant passports that 
        incorporate biometric and document authentication 
        identifiers.</DELETED>
        <DELETED>    (2) Creation of a database containing information 
        on the lifetime travel history of each foreign national or 
        United States citizen who might seek to enter the United States 
        or another country at any time, in order that border and visa 
        issuance officials may ascertain the travel history of a 
        prospective entrant by means other than a passport.</DELETED>
<DELETED>    (d) Incentives.--The studies described in subsection (a) 
shall also make recommendations on incentives that might be offered to 
encourage foreign nations to participate in the initiatives described 
in paragraphs (1) and (2) of subsection (c).</DELETED>

<DELETED>SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN 
              AIRPORTS.</DELETED>

<DELETED>    (a) In General.--Section 235A(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1225(a)(4)) is amended--</DELETED>
        <DELETED>    (1) by striking ``October 31, 2000,'' and 
        inserting ``January 1, 2008,'';</DELETED>
        <DELETED>    (2) by striking ``5 additional'' and inserting 
        ``up to 25 additional'';</DELETED>
        <DELETED>    (3) by striking ``number of aliens'' and inserting 
        ``number of inadmissible aliens, especially aliens who are 
        potential terrorists,'';</DELETED>
        <DELETED>    (4) by striking ``who are inadmissible to the 
        United States.'' and inserting a period; and</DELETED>
        <DELETED>    (5) by striking ``Attorney General'' each place 
        such term appears and inserting ``Secretary of Homeland 
        Security''.</DELETED>
<DELETED>    (b) Report.--Not later than June 30, 2006, the Secretary 
of Homeland Security and the Secretary of State shall report to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the Senate 
on the progress being made in implementing the amendments made by 
subsection (a).</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Homeland Security to carry out 
the amendments made by subsection (a)--</DELETED>
        <DELETED>    (1) $24,000,000 for fiscal year 2005;</DELETED>
        <DELETED>    (2) $48,000,000 for fiscal year 2006; 
        and</DELETED>
        <DELETED>    (3) $97,000,000 for fiscal year 2007.</DELETED>

<DELETED>SEC. 3083. IMMIGRATION SECURITY INITIATIVE.</DELETED>

<DELETED>    (a) In General.--Section 235A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)) is amended--</DELETED>
        <DELETED>    (1) in the subsection heading, by inserting ``and 
        Immigration Security Initiative'' after ``Program''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>``Beginning not later than December 31, 2006, the number of 
airports selected for an assignment under this subsection shall be at 
least 50.''.</DELETED>
<DELETED>    (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)--</DELETED>
        <DELETED>    (1) $25,000,000 for fiscal year 2005;</DELETED>
        <DELETED>    (2) $40,000,000 for fiscal year 2006; 
        and</DELETED>
        <DELETED>    (3) $40,000,000 for fiscal year 2007.</DELETED>

<DELETED>SEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR 
              OFFICERS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Limitation on Use of Foreign Nationals for 
Nonimmigrant Visa Screening.--Section 222(d) of the Immigration and 
Nationality Act (8 U.S.C. 1202(d)) is amended by adding at the end the 
following:</DELETED>
<DELETED>``All nonimmigrant visa applications shall be reviewed and 
adjudicated by a consular officer.''.</DELETED>
<DELETED>    (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: ``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.''.</DELETED>
<DELETED>    (d) Assignment of Anti-Fraud Specialists.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Placement of specialist.--Not later than July 
        31, 2005, the Secretary shall, in coordination with the 
        Secretary of Homeland Security, identify 100 of such posts that 
        experience the greatest frequency of presentation of fraudulent 
        documents by visa applicants. The Secretary shall place in each 
        such post at least one full-time anti-fraud specialist employed 
        by the Department of State to assist the consular officers at 
        each such post in the detection of such fraud.</DELETED>

<DELETED>SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RELATED 
              ACTIVITY.</DELETED>

<DELETED>    Section 1028 of title 18, United States Code, relating to 
penalties for fraud and related activity in connection with 
identification documents and information, is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1)(A)(i), by striking 
        ``issued by or under the authority of the United States'' and 
        inserting the following: ``as described in subsection 
        (d)'';</DELETED>
        <DELETED>    (2) in subsection (b)(2), by striking ``three 
        years'' and inserting ``six years'';</DELETED>
        <DELETED>    (3) in subsection (b)(3), by striking ``20 years'' 
        and inserting ``25 years'';</DELETED>
        <DELETED>    (4) in subsection (b)(4), by striking ``25 years'' 
        and inserting ``30 years''; and</DELETED>
        <DELETED>    (5) in subsection (c)(1), by inserting after 
        ``United States'' the following: ``Government, a State, 
        political subdivision of a State, a foreign government, 
        political subdivision of a foreign government, an international 
        governmental or an international quasi-governmental 
        organization,''.</DELETED>

<DELETED>SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO 
              CITIZENSHIP.</DELETED>

<DELETED>    Section 1015 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) by striking the dash at the end of subsection 
        (f) and inserting ``; or''; and</DELETED>
        <DELETED>    (2) by inserting after subsection (f) the 
        following:</DELETED>
<DELETED>    ``(g) Whoever knowingly makes any false statement or claim 
that he is a citizen of the United States in order to enter into, or 
remain in, the United States--''.</DELETED>

<DELETED>SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE DEPARTMENT 
              OF STATE.</DELETED>

<DELETED>    (a) Limitation.--Notwithstanding any other provision of 
law, the Secretary of State shall ensure, subject to subsection (b), 
that 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) is carried out primarily to 
provide training to host nation security services for the specific 
purpose of ensuring the physical security and safety of United States 
Government facilities and personnel abroad (as well as foreign 
dignitaries and training related to the protection of such 
dignitaries), including security detail training and offenses related 
to passport or visa fraud.</DELETED>
<DELETED>    (b) Exception.--The limitation contained in subsection (a) 
shall not apply, and the Secretary of State may expand the ATA program 
to include other types of antiterrorism assistance training, if the 
Secretary first consults with the Attorney General and provides written 
notification of such proposed expansion to the appropriate 
congressional committees.</DELETED>
<DELETED>    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--</DELETED>
        <DELETED>    (1) the Committee on International Relations and 
        the Committee on the Judiciary of the House of Representatives; 
        and</DELETED>
        <DELETED>    (2) the Committee on Foreign Relations and the 
        Committee on the Judiciary of the Senate.</DELETED>

<DELETED>SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL 
              TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED 
              DOCUMENTS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) International terrorists travel across 
        international borders to raise funds, recruit members, train 
        for operations, escape capture, communicate, and plan and carry 
        out attacks.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 one 
        passport.</DELETED>
        <DELETED>    (6) Two of the September 11, 2001, hijackers were 
        carrying passports that had been manipulated in a fraudulent 
        manner and several other hijackers whose passports did not 
        survive the attacks on the World Trade Center and Pentagon were 
        likely to have carried passports that were similarly 
        manipulated.</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (b) International Agreements to Track and Curtail 
Terrorist Travel.--</DELETED>
        <DELETED>    (1) International agreement on lost, stolen, or 
        falsified documents.--The President shall lead efforts to track 
        and curtail the travel of terrorists by supporting the 
        drafting, adoption, and implementation of international 
        agreements, and by supporting the expansion of existing 
        international agreements, to track and stop international 
        travel by terrorists and other criminals through the use of 
        lost, stolen, or falsified documents to augment existing United 
        Nations and other international anti-terrorism 
        efforts.</DELETED>
        <DELETED>    (2) Contents of international agreement.--The 
        President shall seek, in the appropriate fora, the drafting, 
        adoption, and implementation of an effective international 
        agreement requiring--</DELETED>
                <DELETED>    (A) the establishment of a system to 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;</DELETED>
                <DELETED>    (B) the establishment and implementation 
                of a real-time verification system of passports and 
                other travel documents with issuing 
                authorities;</DELETED>
                <DELETED>    (C) the assumption of an obligation by 
                countries that are parties to the agreement to share 
                with officials at ports of entry in any such country 
                information relating to lost, stolen, and fraudulent 
                passports and other travel documents;</DELETED>
                <DELETED>    (D) the assumption of an obligation by 
                countries that are parties to the agreement--</DELETED>
                        <DELETED>    (i) to criminalize--</DELETED>
                                <DELETED>    (I) the falsification or 
                                counterfeiting of travel documents or 
                                breeder documents for any 
                                purpose;</DELETED>
                                <DELETED>    (II) the use or attempted 
                                use of false documents to obtain a visa 
                                or cross a border for any 
                                purpose;</DELETED>
                                <DELETED>    (III) the possession of 
                                tools or implements used to falsify or 
                                counterfeit such documents;</DELETED>
                                <DELETED>    (IV) the trafficking in 
                                false or stolen travel documents and 
                                breeder documents for any 
                                purpose;</DELETED>
                                <DELETED>    (V) the facilitation of 
                                travel by a terrorist; and</DELETED>
                                <DELETED>    (VI) attempts to commit, 
                                including conspiracies to commit, the 
                                crimes specified above;</DELETED>
                        <DELETED>    (ii) to impose significant 
                        penalties so as to appropriately punish 
                        violations and effectively deter these crimes; 
                        and</DELETED>
                        <DELETED>    (iii) to limit the issuance of 
                        citizenship papers, passports, identification 
                        documents, and the like to persons whose 
                        identity is proven to the issuing authority, 
                        who have a bona fide entitlement to or need for 
                        such documents, and who are not issued such 
                        documents principally on account of a 
                        disproportional payment made by them or on 
                        their behalf to the issuing 
                        authority;</DELETED>
                <DELETED>    (E) the provision of technical assistance 
                to State Parties to help them meet their obligations 
                under the convention;</DELETED>
                <DELETED>    (F) the establishment and implementation 
                of a system of self-assessments and peer reviews to 
                examine the degree of compliance with the convention; 
                and</DELETED>
                <DELETED>    (G) an agreement that would permit 
                immigration and border officials to confiscate a lost, 
                stolen, or falsified passport at ports of entry and 
                permit the traveler to return to the sending country 
                without being in possession of the lost, stolen, or 
                falsified passport, and for the detention and 
                investigation of such traveler upon the return of the 
                traveler to the sending country.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than one year after the 
        date of the 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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION OF NAMES 
              INTO THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL 
              DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (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; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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 translation of names into the 
Roman alphabet in order to ensure one common spelling for such names 
for international travel documents and name-based watchlist 
systems.</DELETED>

<DELETED>SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.</DELETED>

<DELETED>    (a) Findings.--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.</DELETED>
<DELETED>    (b) Plan and Report.--</DELETED>
        <DELETED>    (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 required by applicable sections of--</DELETED>
                <DELETED>    (A) the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (Public Law 104-
                208);</DELETED>
                <DELETED>    (B) the Immigration and Naturalization 
                Service Data Management Improvement Act of 2000 (Public 
                Law 106-205);</DELETED>
                <DELETED>    (C) the Visa Waiver Permanent Program Act 
                (Public Law 106-396);</DELETED>
                <DELETED>    (D) the Enhanced Border Security and Visa 
                Entry Reform Act of 2002 (Public Law 107-173); 
                and</DELETED>
                <DELETED>    (E) the Uniting and Strengthening America 
                by Providing Appropriate Tools Required to Intercept 
                and Obstruct Terrorism Act of 2001 (Public Law 107-
                56).</DELETED>
        <DELETED>    (2) Report.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall submit a 
        report to Congress on the plan developed under paragraph (1), 
        which shall contain--</DELETED>
                <DELETED>    (A) a description of the current 
                functionality of the entry and exit data system, 
                including--</DELETED>
                        <DELETED>    (i) a listing of ports of entry 
                        with biometric entry data systems in use and 
                        whether such screening systems are located at 
                        primary or secondary inspection 
                        areas;</DELETED>
                        <DELETED>    (ii) a listing of ports of entry 
                        with biometric exit data systems in 
                        use;</DELETED>
                        <DELETED>    (iii) a listing of databases and 
                        data systems with which the automated entry and 
                        exit data system are interoperable;</DELETED>
                        <DELETED>    (iv) a description of--</DELETED>
                                <DELETED>    (I) identified 
                                deficiencies concerning the accuracy or 
                                integrity of the information contained 
                                in the entry and exit data 
                                system;</DELETED>
                                <DELETED>    (II) identified 
                                deficiencies concerning technology 
                                associated with processing individuals 
                                through the system; and</DELETED>
                                <DELETED>    (III) programs or policies 
                                planned or implemented to correct 
                                problems identified in subclause (I) or 
                                (II); and</DELETED>
                        <DELETED>    (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;</DELETED>
                <DELETED>    (B) a description of factors relevant to 
                the accelerated implementation of the biometric entry 
                and exit system, including--</DELETED>
                        <DELETED>    (i) the earliest date on which the 
                        Secretary estimates that full implementation of 
                        the biometric entry and exit data system can be 
                        completed;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) the resources and 
                        authorities required to enable the Secretary to 
                        meet the implementation date described in 
                        clause (i);</DELETED>
                <DELETED>    (C) a description of any improvements 
                needed in the information technology employed for the 
                entry and exit data system; and</DELETED>
                <DELETED>    (D) a description of plans for improved or 
                added interoperability with any other databases or data 
                systems.</DELETED>
<DELETED>    (c) Integration Requirement.--Not later than 2 years after 
the date of the enactment of this Act, the Secretary shall integrate 
the biometric entry and exit data system with all databases and data 
systems maintained by the United States Citizenship and Immigration 
Services that process or contain information on aliens.</DELETED>
<DELETED>    (d) Maintaining Accuracy and Integrity of Entry and Exit 
Data System.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in consultation 
        with other appropriate agencies, 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, and 
        databases and data systems linked to the entry and exit data 
        system, that ensure the accuracy and integrity of the 
        data.</DELETED>
        <DELETED>    (2) Requirements.--The rules, guidelines, 
        policies, and procedures established under paragraph (1) 
        shall--</DELETED>
                <DELETED>    (A) incorporate a simple and timely method 
                for--</DELETED>
                        <DELETED>    (i) correcting errors; 
                        and</DELETED>
                        <DELETED>    (ii) clarifying information known 
                        to cause false hits or misidentification 
                        errors; and</DELETED>
                <DELETED>    (B) include procedures for individuals to 
                seek corrections of data contained in the data 
                systems.</DELETED>
<DELETED>    (e) Expediting Registered Travelers Across International 
Borders.--</DELETED>
        <DELETED>    (1) Findings.--Consistent with the report of the 
        National Commission on Terrorist Attacks Upon the United 
        States, Congress finds that--</DELETED>
                <DELETED>    (A) expediting the travel of previously 
                screened and known travelers across the borders of the 
                United States should be a high priority; and</DELETED>
                <DELETED>    (B) the process of expediting known 
                travelers across the border can permit inspectors to 
                better focus on identifying terrorists attempting to 
                enter the United States.</DELETED>
        <DELETED>    (2) Definition.--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.</DELETED>
        <DELETED>    (3) Registered travel plan.--</DELETED>
                <DELETED>    (A) In general.--As soon as is 
                practicable, the Secretary shall develop and implement 
                a plan to expedite the processing of registered 
                travelers who enter and exit the United States through 
                a single registered traveler program.</DELETED>
                <DELETED>    (B) Integration.--The registered traveler 
                program developed under this paragraph shall be 
                integrated into the automated biometric entry and exit 
                data system described in this section.</DELETED>
                <DELETED>    (C) Review and evaluation.--In developing 
                the program under this paragraph, the Secretary shall--
                </DELETED>
                        <DELETED>    (i) review existing programs or 
                        pilot projects designed to expedite the travel 
                        of registered travelers across the borders of 
                        the United States;</DELETED>
                        <DELETED>    (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; and</DELETED>
                        <DELETED>    (iii) increase research and 
                        development efforts to accelerate the 
                        development and implementation of a single 
                        registered traveler program.</DELETED>
        <DELETED>    (4) Report.--Not later than 1 year after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        Congress a report describing the Department's progress on the 
        development and implementation of the plan required by this 
        subsection.</DELETED>
<DELETED>    (f) 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.</DELETED>

<DELETED>SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDINATOR FOR 
              COUNTERTERRORISM.</DELETED>

<DELETED>    (a) Declaration of United States Policy.--Congress 
declares that it shall be the policy of the United States to--
</DELETED>
        <DELETED>    (1) make combating terrorist travel and those who 
        assist them a priority for the United States counterterrorism 
        policy; and</DELETED>
        <DELETED>    (2) ensure that the information relating to 
        individuals who help facilitate terrorist travel by creating 
        false passports, visas, documents used to obtain such travel 
        documents, and other documents are fully shared within the 
        United States Government and, to the extent possible, with and 
        from foreign governments, in order to initiate United States 
        and foreign prosecutions of such individuals.</DELETED>
<DELETED>    (b) Amendment.--Section 1(e)(2) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)) is amended by 
adding at the end the following:</DELETED>
                <DELETED>    ``(C) Additional duties relating to 
                terrorist travel.--In addition to the principal duties 
                of the Coordinator described in subparagraph (B), the 
                Coordinator shall analyze methods used by terrorists to 
                travel internationally, develop policies with respect 
                to curtailing terrorist travel, and coordinate such 
                policies with the appropriate bureaus and other 
                entities of the Department of State, other United 
                States Government agencies, the Human Trafficking and 
                Smuggling Center, and foreign governments.''.</DELETED>

<DELETED>SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASSPORT 
              SECURITY IN THE DEPARTMENT OF STATE.</DELETED>

<DELETED>    (a) Establishment.--There is established within the Bureau 
of Diplomatic Security of the Department of State an Office of Visa and 
Passport Security (in this section referred to as the 
``Office'').</DELETED>
<DELETED>    (b) Head of Office.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding any other 
        provision of law, the head of the Office shall be an individual 
        who shall have the rank and status of Deputy Assistant 
        Secretary of State for Diplomatic Security (in this section 
        referred to as the ``Deputy Assistant Secretary'').</DELETED>
        <DELETED>    (2) Recruitment.--The Under Secretary of State for 
        Management shall chose the Deputy Assistant Secretary from 
        among individuals who are Diplomatic Security Agents.</DELETED>
        <DELETED>    (3) Qualifications.--The Diplomatic Security Agent 
        chosen to serve as the Deputy Assistant Secretary shall have 
        expertise and experience in investigating and prosecuting visa 
        and passport fraud.</DELETED>
<DELETED>    (c) Duties.--</DELETED>
        <DELETED>    (1) Preparation of strategic plan.--</DELETED>
                <DELETED>    (A) In general.--The Deputy Assistant 
                Secretary, in coordination with the appropriate 
                officials of the Department of Homeland Security, shall 
                ensure the preparation of a strategic plan to target 
                and disrupt individuals and organizations at home and 
                in foreign countries that are involved in the 
                fraudulent production, distribution, use, or other 
                similar activity--</DELETED>
                        <DELETED>    (i) of a United States visa or 
                        United States passport;</DELETED>
                        <DELETED>    (ii) 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</DELETED>
                        <DELETED>    (iii) of passports and visas 
                        issued by foreign countries intended to gain 
                        unlawful entry into the United 
                        States.</DELETED>
                <DELETED>    (B) Emphasis.--Such plan shall--</DELETED>
                        <DELETED>    (i) 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));</DELETED>
                        <DELETED>    (ii) 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</DELETED>
                        <DELETED>    (iii) 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.</DELETED>
        <DELETED>    (2) Duties of office.--The Office shall have the 
        following duties:</DELETED>
                <DELETED>    (A) Analysis of methods.--Analyze 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 advise the Bureau of Consular 
                Affairs on changes to the visa issuance process that 
                could combat such methods, including the introduction 
                of new technologies into such process.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Report.--Not later than 90 days after the date 
        of the enactment of this Act, the Deputy Assistant Secretary 
        shall submit to Congress a report containing--</DELETED>
                <DELETED>    (A) a description of the strategic plan 
                prepared under paragraph (1); and</DELETED>
                <DELETED>    (B) 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.</DELETED>

            <DELETED>Subtitle D--Terrorist Travel</DELETED>

<DELETED>SEC. 3101. INFORMATION SHARING AND COORDINATION.</DELETED>

<DELETED>    The Secretary of Homeland Security shall establish a 
mechanism to--</DELETED>
        <DELETED>    (1) ensure the coordination and dissemination of 
        terrorist travel intelligence and operational information among 
        the appropriate agencies within the Department of Homeland 
        Security, including the Bureau of Customs and Border 
        Protection, the Bureau of Immigration and Customs Enforcement, 
        the Bureau of Citizenship and Immigration Services, the 
        Transportation Security Administration, the Coast Guard, and 
        other agencies as directed by the Secretary; and</DELETED>
        <DELETED>    (2) ensure the sharing of terrorist travel 
        intelligence and operational information with the Department of 
        State, the National counterterrorism Center, and other 
        appropriate Federal agencies.</DELETED>

<DELETED>SEC. 3102. TERRORIST TRAVEL PROGRAM.</DELETED>

<DELETED>    The Secretary of Homeland Security shall establish a 
program to--</DELETED>
        <DELETED>    (1) analyze and utilize information and 
        intelligence regarding terrorist travel tactics, patterns, 
        trends, and practices; and</DELETED>
        <DELETED>    (2) disseminate that information to all front-line 
        Department of Homeland Security personnel who are at ports of 
        entry or between ports of entry, to immigration benefits 
        offices, and, in coordination with the Secretary of State, to 
        appropriate individuals at United States embassies and 
        consulates.</DELETED>

<DELETED>SEC. 3103. TRAINING PROGRAM.</DELETED>

<DELETED>    (a) Review, Evaluation, and Revision of Existing Training 
Programs.--The Secretary of Homeland Security shall--</DELETED>
        <DELETED>    (1) review and evaluate the training currently 
        provided to Department of Homeland Security personnel and, in 
        consultation with the Secretary of State, relevant Department 
        of State personnel with respect to travel and identity 
        documents, and techniques, patterns, and trends associated with 
        terrorist travel; and</DELETED>
        <DELETED>    (2) develop and implement a revised training 
        program for border, immigration, and consular officials in 
        order to teach such officials how to effectively detect, 
        intercept, and disrupt terrorist travel.</DELETED>
<DELETED>    (b) Required Topics of Revised Programs.--The training 
program developed under subsection (a)(2) shall include training in the 
following areas:</DELETED>
        <DELETED>    (1) Methods for identifying fraudulent and genuine 
        travel documents.</DELETED>
        <DELETED>    (2) Methods for detecting terrorist indicators on 
        travel documents and other relevant identity 
        documents.</DELETED>
        <DELETED>    (3) Recognizing travel patterns, tactics, and 
        behaviors exhibited by terrorists.</DELETED>
        <DELETED>    (4) Effectively utilizing information contained in 
        databases and data systems available to the Department of 
        Homeland Security.</DELETED>
        <DELETED>    (5) Other topics determined to be appropriate by 
        the Secretary of Homeland Security in consultation with the 
        Secretary of State or the National Intelligence 
        Director.</DELETED>

<DELETED>SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINATION 
              PLAN.</DELETED>

<DELETED>    (a) Plan Required.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall submit to the Congress 
a plan to ensure that the Department of Homeland Security and the 
Department of State acquire and deploy, 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.</DELETED>
<DELETED>    (b) Interoperability Requirement.--To the extent possible, 
technologies to be acquired and deployed under the plan shall be 
compatible with current systems used by the Department of Homeland 
Security to detect and identify fraudulent documents and genuine 
documents.</DELETED>
<DELETED>    (c) Passport Screening.--The plan shall address the 
feasibility of using such technologies to screen passports submitted 
for identification purposes to a United States consular, border, or 
immigration official.</DELETED>

     <DELETED>Subtitle E--Maritime Security Requirements</DELETED>

<DELETED>SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARITIME SECURITY 
              REQUIREMENTS.</DELETED>

<DELETED>    (a) National Maritime Transportation Security Plan.--
Section 70103(a) of the 46, United States Code, is amended by striking 
``The Secretary'' and inserting ``Not later than December 31, 2004, the 
Secretary''.</DELETED>
<DELETED>    (b) Facility and Vessel Vulnerability Assessments.--
Section 70102(b)(1) of the 46, United States Code, is amended by 
striking ``, the Secretary'' and inserting ``and by not later than 
December 31, 2004, the Secretary''.</DELETED>
<DELETED>    (c) Transportation Security Card Regulations.--Section 
70105(a) of the 46, United States Code, is amended by striking ``The 
Secretary'' and inserting ``Not later than December 31, 2004, the 
Secretary''.</DELETED>

<DELETED>TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION</DELETED>

           <DELETED>Subtitle A--Attack Terrorists and Their 
                        Organizations</DELETED>

         <DELETED>CHAPTER 1--PROVISIONS RELATING TO TERRORIST 
                         SANCTUARIES</DELETED>

<DELETED>SEC. 4001. UNITED STATES POLICY ON TERRORIST 
              SANCTUARIES.</DELETED>

<DELETED>    It is the sense of Congress that it should be the policy 
of the United States--</DELETED>
        <DELETED>    (1) to identify and prioritize foreign countries 
        that are or that could be used as terrorist 
        sanctuaries;</DELETED>
        <DELETED>    (2) to assess current United States resources 
        being provided to such foreign countries;</DELETED>
        <DELETED>    (3) to develop and implement a coordinated 
        strategy to prevent terrorists from using such foreign 
        countries as sanctuaries; and</DELETED>
        <DELETED>    (4) to work in bilateral and multilateral fora to 
        prevent foreign countries from being used as terrorist 
        sanctuaries.</DELETED>

<DELETED>SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.</DELETED>

<DELETED>    (a) Initial Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the President shall transmit 
        to Congress a report that describes a strategy for addressing 
        and, where possible, eliminating terrorist 
        sanctuaries.</DELETED>
        <DELETED>    (2) Content.--The report required under this 
        subsection shall include the following:</DELETED>
                <DELETED>    (A) A list that prioritizes each actual 
                and potential terrorist sanctuary and a description of 
                activities in the actual and potential 
                sanctuaries.</DELETED>
                <DELETED>    (B) An outline of strategies for 
                preventing the use of, disrupting, or ending the use of 
                such sanctuaries.</DELETED>
                <DELETED>    (C) A detailed description of efforts, 
                including an assessment of successes and setbacks, by 
                the United States to work with other countries in 
                bilateral and multilateral fora to address or eliminate 
                each actual or potential terrorist sanctuary and 
                disrupt or eliminate the security provided to 
                terrorists by each such sanctuary.</DELETED>
                <DELETED>    (D) A description of long-term goals and 
                actions designed to reduce the conditions that allow 
                the formation of terrorist sanctuaries.</DELETED>
<DELETED>    (b) Subsequent Reports.--</DELETED>
        <DELETED>    (1) Requirement of reports.--Section 140(a)(1) of 
        the Foreign Relations Authorization Act, Fiscal Years 1988 and 
        1989 (22 U.S.C. 2656f(a)(1)) is amended--</DELETED>
                <DELETED>    (A) by striking ``(1)'' and inserting 
                ``(1)(A)'';</DELETED>
                <DELETED>    (B) by redesignating subparagraphs (A) 
                through (C) as clauses (i) through (iii), 
                respectively;</DELETED>
                <DELETED>    (C) in subparagraph (A)(iii) (as 
                redesignated), by adding ``and'' at the end; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(B) detailed assessments with respect to each 
        foreign country whose territory is being used or could 
        potentially be used as a sanctuary for terrorists or terrorist 
        organizations;''.</DELETED>
        <DELETED>    (2) Provisions to be included in report.--Section 
        140(b) of such Act (22 U.S.C. 2656f(b)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        subparagraph (A), by striking ``subsection 
                        (a)(1)'' and inserting ``subsection 
                        (a)(1)(A)''; and</DELETED>
                        <DELETED>    (ii) by striking ``and'' at the 
                        end;</DELETED>
                <DELETED>    (B) by redesignating paragraph (2) as 
                paragraph (3);</DELETED>
                <DELETED>    (C) by inserting after paragraph (1) the 
                following:</DELETED>
        <DELETED>    ``(2) with respect to subsection (a)(1)(B)--
        </DELETED>
                <DELETED>    ``(A) the extent of knowledge by the 
                government of the country with respect to terrorist 
                activities in the territory of the country; 
                and</DELETED>
                <DELETED>    ``(B) the actions by the country--
                </DELETED>
                        <DELETED>    ``(i) to eliminate each terrorist 
                        sanctuary in the territory of the 
                        country;</DELETED>
                        <DELETED>    ``(ii) to cooperate with United 
                        States antiterrorism efforts; and</DELETED>
                        <DELETED>    ``(iii) to prevent the 
                        proliferation of and trafficking in weapons of 
                        mass destruction in and through the territory 
                        of the country;'';</DELETED>
                <DELETED>    (D) by striking the period at the end of 
                paragraph (3) (as redesignated) and inserting a 
                semicolon; and</DELETED>
                <DELETED>    (E) by inserting after paragraph (3) (as 
                redesignated) the following:</DELETED>
        <DELETED>    ``(4) a strategy for addressing and, where 
        possible, eliminating terrorist sanctuaries that shall 
        include--</DELETED>
                <DELETED>    ``(A) a description of actual and 
                potential terrorist sanctuaries, together with an 
                assessment of the priorities of addressing and 
                eliminating such sanctuaries;</DELETED>
                <DELETED>    ``(B) an outline of strategies for 
                disrupting or eliminating the security provided to 
                terrorists by such sanctuaries;</DELETED>
                <DELETED>    ``(C) a description of efforts by the 
                United States to work with other countries in bilateral 
                and multilateral fora to address or eliminate actual or 
                potential terrorist sanctuaries and disrupt or 
                eliminate the security provided to terrorists by such 
                sanctuaries; and</DELETED>
                <DELETED>    ``(D) a description of long-term goals and 
                actions designed to reduce the conditions that allow 
                the formation of terrorist sanctuaries;</DELETED>
        <DELETED>    ``(5) an update of the information contained in 
        the report required to be transmitted to Congress pursuant to 
        section 4002(a)(2) of the 9/11 Recommendations Implementation 
        Act;</DELETED>
        <DELETED>    ``(6) to the extent practicable, complete 
        statistical information on the number of individuals, including 
        United States citizens and dual nationals, killed, injured, or 
        kidnapped by each terrorist group during the preceding calendar 
        year; and</DELETED>
        <DELETED>    ``(7) an analysis, as appropriate, relating to 
        trends in international terrorism, including changes in 
        technology used, methods and targets of attacks, demographic 
        information on terrorists, and other appropriate 
        information.''.</DELETED>
        <DELETED>    (3) Definitions.--Section 140(d) of such Act (22 
        U.S.C. 2656f(d)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``and'' 
                at the end;</DELETED>
                <DELETED>    (B) in paragraph (3), by striking the 
                period at the end and inserting a semicolon; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) the term `territory' and `territory of the 
        country' means the land, waters, and airspace of the country; 
        and</DELETED>
        <DELETED>    ``(5) the term `terrorist sanctuary' or 
        `sanctuary' means an area in the territory of a country that is 
        used by a terrorist group with the express or implied consent 
        of the government of the country--</DELETED>
                <DELETED>    ``(A) to carry out terrorist activities, 
                including training, fundraising, financing, 
                recruitment, and education activities; or</DELETED>
                <DELETED>    ``(B) to provide transit through the 
                country.''.</DELETED>
        <DELETED>    (4) Effective date.--The amendments made by 
        paragraphs (1), (2), and (3) apply with respect to the report 
        required to be transmitted under section 140 of the Foreign 
        Relations Authorization Act, Fiscal Years 1988 and 1989, by 
        April 30, 2006, and by April 30 of each subsequent 
        year.</DELETED>

<DELETED>SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST 
              SANCTUARIES.</DELETED>

<DELETED>    (a) Amendments.--Section 6(j) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2405(j)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and</DELETED>
                <DELETED>    (B) by inserting after subparagraph (A) 
                the following:</DELETED>
        <DELETED>    ``(B) Any part of the territory of the country is 
        being used as a sanctuary for terrorists or terrorist 
        organizations.'';</DELETED>
        <DELETED>    (2) in paragraph (3), by striking ``paragraph 
        (1)(A)'' and inserting ``subparagraph (A) or (B) of paragraph 
        (1)'';</DELETED>
        <DELETED>    (3) by redesignating paragraph (5) as paragraph 
        (6);</DELETED>
        <DELETED>    (4) by inserting after paragraph (4) the 
        following:</DELETED>
<DELETED>    ``(5) A determination made by the Secretary of State under 
paragraph (1)(B) may not be rescinded unless the President submits to 
the Speaker of the House of Representatives and the chairman of the 
Committee on Banking, Housing, and Urban Affairs and the chairman of 
the Committee on Foreign Relations of the Senate before the proposed 
rescission would take effect a report certifying that the government of 
the country concerned --</DELETED>
        <DELETED>    ``(A) is taking concrete, verifiable steps to 
        eliminate each terrorist sanctuary in the territory of the 
        country;</DELETED>
        <DELETED>    ``(B) is cooperating with United States 
        antiterrorism efforts; and</DELETED>
        <DELETED>    ``(C) is taking all appropriate actions to prevent 
        the proliferation of and trafficking in weapons of mass 
        destruction in and through the territory of the country.''; 
        and</DELETED>
        <DELETED>    (5) by inserting after paragraph (6) (as 
        redesignated) the following:</DELETED>
<DELETED>    ``(7) In this subsection--</DELETED>
        <DELETED>    ``(A) the term `territory of the country' means 
        the land, waters, and airspace of the country; and</DELETED>
        <DELETED>    ``(B) the term `terrorist sanctuary' or 
        `sanctuary' means an area in the territory of a country that is 
        used by a terrorist group with the express or implied consent 
        of the government of the country--</DELETED>
                <DELETED>    ``(i) to carry out terrorist activities, 
                including training, fundraising, financing, 
                recruitment, and education activities; or</DELETED>
                <DELETED>    ``(ii) to provide transit through the 
                country.''.</DELETED>
<DELETED>    (b) Implementation.--The President shall implement the 
amendments made by subsection (a) by exercising the authorities the 
President has under the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.).</DELETED>

             <DELETED>CHAPTER 2--OTHER PROVISIONS</DELETED>

<DELETED>SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS CONTROL AND 
              NONPROLIFERATION ADVISORY BOARD.</DELETED>

<DELETED>    (a) Requirement.--Not later than December 31, 2004, the 
Secretary of State shall appoint individuals to the Arms Control and 
Nonproliferation Advisory Board to fill all vacancies in the membership 
of the Board that exist on the date of the enactment of this 
Act.</DELETED>
<DELETED>    (b) Consultation.--Appointments to the Board under 
subsection (a) shall be made in consultation with the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate.</DELETED>

<DELETED>SEC. 4012. REVIEW OF UNITED STATES POLICY ON PROLIFERATION OF 
              WEAPONS OF MASS DESTRUCTION AND CONTROL OF STRATEGIC 
              WEAPONS.</DELETED>

<DELETED>    (a) Review.--</DELETED>
        <DELETED>    (1) In general.--The Undersecretary of State for 
        Arms Control and International Security shall instruct the Arms 
        Control and Nonproliferation Advisory Board (in this section 
        referred to as the ``Advisory Board'') to carry out a review of 
        existing policies of the United States relating to the 
        proliferation of weapons of mass destruction and the control of 
        strategic weapons.</DELETED>
        <DELETED>    (2) Components.--The review required under this 
        subsection shall contain at a minimum the following:</DELETED>
                <DELETED>    (A) An identification of all major 
                deficiencies in existing United States policies 
                relating to the proliferation of weapons of mass 
                destruction and the control of strategic 
                weapons.</DELETED>
                <DELETED>    (B) Proposals that contain a range of 
                options that if implemented would adequately address 
                any significant threat deriving from the deficiencies 
                in existing United States policies described in 
                subparagraph (A).</DELETED>
<DELETED>    (b) Reports.--</DELETED>
        <DELETED>    (1) Interim report.--Not later than June 15, 2005, 
        the Advisory Board shall prepare and submit to the 
        Undersecretary of State for Arms Control and International 
        Security an interim report that contains the initial results of 
        the review carried out pursuant to subsection (a).</DELETED>
        <DELETED>    (2) Final report.--Not later than December 1, 
        2005, the Advisory Board shall prepare and submit to the 
        Undersecretary of State for Arms Control and International 
        Security, and to the Committee on International Relations of 
        the House of Representatives and the Committee on Foreign 
        Relations of the Senate, a final report that contains the 
        comprehensive results of the review carried out pursuant to 
        subsection (a).</DELETED>
<DELETED>    (c) Experts and Consultants.-- In carrying out this 
section, the Advisory Board may procure temporary and intermittent 
services of experts and consultants, including experts and consultants 
from nongovernmental organizations, under section 3109(b) of title 5, 
United States Code.</DELETED>
<DELETED>    (d) Funding and Other Resources.--The Secretary of State 
shall provide to the Advisory Board an appropriate amount of funding 
and other resources to enable the Advisory Board to carry out this 
section.</DELETED>

<DELETED>SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT ACTS OF 
              INTERNATIONAL TERRORISM.</DELETED>

<DELETED>    Section 1(e)(2) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651a(e)(2)), as amended by section 3091(b), is 
further amended by adding at the end the following:</DELETED>
                <DELETED>    ``(D) Additional duties relating to 
                international agreements to interdict acts of 
                international terrorism.--</DELETED>
                        <DELETED>    ``(i) In general.--In addition to 
                        the principal duties of the Coordinator 
                        described in subparagraph (B), the Coordinator, 
                        in consultation with relevant United States 
                        Government agencies, shall seek to negotiate on 
                        a bilateral basis international agreements 
                        under which parties to an agreement work in 
                        partnership to address and interdict acts of 
                        international terrorism.</DELETED>
                        <DELETED>    ``(ii) Terms of international 
                        agreement.--It is the sense of Congress that--
                        </DELETED>
                                <DELETED>    ``(I) each party to an 
                                international agreement referred to in 
                                clause (i)--</DELETED>
                                        <DELETED>    ``(aa) should be 
                                        in full compliance with United 
                                        Nations Security Council 
                                        Resolution 1373 (September 28, 
                                        2001), other appropriate 
                                        international agreements 
                                        relating to antiterrorism 
                                        measures, and such other 
                                        appropriate criteria relating 
                                        to antiterrorism 
                                        measures;</DELETED>
                                        <DELETED>    ``(bb) should sign 
                                        and adhere to a 
                                        `counterterrorism Pledge' and a 
                                        list of `Interdiction 
                                        Principles', to be determined 
                                        by the parties to the 
                                        agreement;</DELETED>
                                        <DELETED>    ``(cc) should 
                                        identify assets and agree to 
                                        multilateral efforts that 
                                        maximizes the country's 
                                        strengths and resources to 
                                        address and interdict acts of 
                                        international terrorism or the 
                                        financing of such 
                                        acts;</DELETED>
                                        <DELETED>    ``(dd) should 
                                        agree to joint training 
                                        exercises among the other 
                                        parties to the agreement; 
                                        and</DELETED>
                                        <DELETED>    ``(ee) should 
                                        agree to the negotiation and 
                                        implementation of other 
                                        relevant international 
                                        agreements and consensus-based 
                                        international standards; 
                                        and</DELETED>
                                <DELETED>    ``(II) an international 
                                agreement referred to in clause (i) 
                                should contain provisions that require 
                                the parties to the agreement--
                                </DELETED>
                                        <DELETED>    ``(aa) to identify 
                                        regions throughout the world 
                                        that are emerging terrorist 
                                        threats;</DELETED>
                                        <DELETED>    ``(bb) to 
                                        establish terrorism 
                                        interdiction centers in such 
                                        regions and other regions, as 
                                        appropriate;</DELETED>
                                        <DELETED>    ``(cc) to deploy 
                                        terrorism prevention teams to 
                                        such regions, including United 
                                        States-led teams; and</DELETED>
                                        <DELETED>    ``(dd) to 
                                        integrate intelligence, 
                                        military, and law enforcement 
                                        personnel from countries that 
                                        are parties to the agreement in 
                                        order to work directly with the 
                                        regional centers described in 
                                        item (bb) and regional teams 
                                        described in item 
                                        (cc).''.</DELETED>

<DELETED>SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DETENTION AND 
              HUMANE TREATMENT OF CAPTURED TERRORISTS.</DELETED>

<DELETED>    It is the sense of Congress that the President should 
pursue by all appropriate diplomatic means with countries that are 
participating in the Coalition to fight terrorism the development of an 
effective approach toward the detention and humane treatment of 
captured terrorists. The effective approach referred to in this section 
may, as appropriate, draw on Article 3 of the Convention Relative to 
the Treatment of Prisoners of War, done at Geneva on August 12, 1949 (6 
UST 3316).</DELETED>

<DELETED>SEC. 4015. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG 
              EFFORTS IN AFGHANISTAN.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
        <DELETED>    (1) the President should make the substantial 
        reduction of illegal drug production and trafficking in 
        Afghanistan a priority in the Global War on 
        Terrorism;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Report Required.--(1) The Secretary of Defense and the 
Secretary of State shall jointly prepare a report that describes--
</DELETED>
        <DELETED>    (A) the progress made towards substantially 
        reducing poppy cultivation and heroin production capabilities 
        in Afghanistan; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (2) The report required by this subsection shall be 
submitted to Congress not later than 120 days after the date of the 
enactment of this Act.</DELETED>

         <DELETED>Subtitle B--Prevent the Continued Growth of 
                          Terrorism</DELETED>

      <DELETED>CHAPTER 1--UNITED STATES PUBLIC DIPLOMACY</DELETED>

<DELETED>SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC DIPLOMACY 
              STRATEGY.</DELETED>

<DELETED>    (a) In General.--The Secretary of State, in coordination 
with all appropriate Federal agencies, shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate an annual assessment of 
the impact of public diplomacy efforts on target audiences. Each 
assessment shall review the United States public diplomacy strategy 
worldwide and by region, including an examination of the allocation of 
resources and an evaluation and assessment of the progress in, and 
barriers to, achieving the goals set forth under previous plans 
submitted under this section. Not later than March 15 of every year, 
the Secretary shall submit the assessment required by this 
subsection.</DELETED>
<DELETED>    (b) Further Action.-- On the basis of such review, the 
Secretary, in coordination with all appropriate Federal agencies, shall 
submit, as part of the annual budget submission, a public diplomacy 
strategy plan which specifies goals, agency responsibilities, and 
necessary resources and mechanisms for achieving such goals during the 
next fiscal year. The plan may be submitted in classified 
form.</DELETED>

<DELETED>SEC. 4022. PUBLIC DIPLOMACY TRAINING.</DELETED>

<DELETED>    (a) Statement of Policy.--It should be the policy of the 
United States:</DELETED>
        <DELETED>    (1) The Foreign Service should recruit individuals 
        with expertise and professional experience in public 
        diplomacy.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Personnel.--</DELETED>
        <DELETED>    (1) Qualifications.--In the recruitment, training, 
        and assignment of members of the Foreign Service, the Secretary 
        of State shall emphasize the importance of public diplomacy and 
        applicable skills and techniques. The Secretary shall consider 
        the priority recruitment into the Foreign Service, at middle-
        level entry, of individuals with expertise and professional 
        experience in public diplomacy, mass communications, or 
        journalism. The Secretary shall give special consideration to 
        individuals with language facility and experience in particular 
        countries and regions.</DELETED>
        <DELETED>    (2) Languages of special interest.--The Secretary 
        of State shall seek to increase the number of Foreign Service 
        officers proficient in languages spoken in predominantly Muslim 
        countries. Such increase shall be accomplished through the 
        recruitment of new officers and incentives for officers in 
        service.</DELETED>

<DELETED>SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM 
              COUNTRIES.</DELETED>

<DELETED>    (a) Declaration of Policy.--Congress declares that 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. 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. 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.</DELETED>
<DELETED>    (b) 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 (a).</DELETED>

<DELETED>SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION IN FOREIGN 
              SERVICE.</DELETED>

<DELETED>    (a) In General.--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 new sentences: ``The precepts for such selection boards shall 
also consider whether the member of the Service or the member of the 
Senior Foreign Service, as the case may be, has served in at least one 
position in which the primary responsibility of such member was related 
to public diplomacy. A member may not be promoted into or within the 
Senior Foreign Service if such member has not served in at least one 
such position.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on January 1, 2009.</DELETED>

   <DELETED>CHAPTER 2--UNITED STATES MULTILATERAL DIPLOMACY</DELETED>

<DELETED>SEC. 4031. PURPOSE.</DELETED>

<DELETED>    It is the purpose of this chapter to strengthen United 
States leadership and effectiveness at international organizations and 
multilateral institutions.</DELETED>

<DELETED>SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY 
              CAUCUS.</DELETED>

<DELETED>    (a) In General.--The President, acting through the 
Secretary of State and the relevant United States chiefs of mission, 
shall--</DELETED>
        <DELETED>    (1) 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</DELETED>
        <DELETED>    (2) seek to establish a democracy caucus at the 
        United Nations Conference on Disarmament and at other broad-
        based international organizations.</DELETED>
<DELETED>    (b) Purposes of the Caucus.--A democracy caucus at an 
international organization should--</DELETED>
        <DELETED>    (1) 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;</DELETED>
        <DELETED>    (2) work to revise an increasingly outmoded system 
        of membership selection, regional voting, and decision making; 
        and</DELETED>
        <DELETED>    (3) 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.</DELETED>

<DELETED>SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL 
              ORGANIZATIONS.</DELETED>

<DELETED>    (a) United States Policy.--The President, acting through 
the Secretary of State and the relevant United States chiefs of 
mission, shall use the voice, vote, and influence of the United States 
to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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 leadership position in such bodies if the 
        member country is subject to sanctions imposed by the United 
        Nations Security Council; and</DELETED>
        <DELETED>    (3) work to ensure that no member country stand in 
        nomination for membership, or in nomination or in rotation for 
        a leadership position in such organizations, or for membership 
        on the United Nations Security Council, if the member country 
        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)).</DELETED>
<DELETED>    (b) Report to Congress.--Not later than 15 days after a 
country subject to a determination under one or more of the provisions 
of law specified in subsection (a)(3) is selected for membership or a 
leadership post in an international organization of which the United 
States is a member or for membership on the United Nations Security 
Council, 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 any steps 
taken pursuant to subsection (a)(3).</DELETED>

<DELETED>SEC. 4034. INCREASED TRAINING IN MULTILATERAL 
              DIPLOMACY.</DELETED>

<DELETED>    (a) Training Programs.--Section 708 of the Foreign Service 
Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the 
following new subsection:</DELETED>
<DELETED>    ``(c) Training in Multilateral Diplomacy.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall establish a 
        series of training courses for officers of the Service, 
        including appropriate chiefs of mission, on the conduct of 
        diplomacy at international organizations and other multilateral 
        institutions and at broad-based multilateral negotiations of 
        international instruments.</DELETED>
        <DELETED>    ``(2) Particular programs.--The Secretary shall 
        ensure that the training described in paragraph (1) is provided 
        at various stages of the career of members of the service. In 
        particular, the Secretary shall ensure that after January 1, 
        2006--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) 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 towards such organizations and 
                institutions or towards 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.''.</DELETED>
<DELETED>    (b) 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 
section 708(c) of the Foreign Service Act of 1980 (as amended by 
subsection (a)) receive training described in such section.</DELETED>
<DELETED>    (c) Conforming Amendments.--Section 708 of such Act is 
further amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``(a) The'' and 
        inserting ``(a) Training on Human Rights.--The''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``(b) The'' and 
        inserting ``(b) Training on Refugee Law and Religious 
        Persecution.--The''.</DELETED>

<DELETED>SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON 
              MULTILATERAL NEGOTIATIONS.</DELETED>

<DELETED>    (a) Establishment of Office.--The Secretary of State is 
authorized to establish, within the Bureau of International 
Organizational Affairs, an Office on Multilateral Negotiations to be 
headed by a Special Representative for Multilateral Negotiations (in 
this section referred to as the ``Special Representative'').</DELETED>
<DELETED>    (b) Appointment.--The Special Representative shall be 
appointed by the President and shall have the rank of Ambassador-at-
Large. At the discretion of the President another official at the 
Department may serve as the Special Representative.</DELETED>
<DELETED>    (c) Staffing.--The Special Representative shall have a 
staff of Foreign Service and civil service officers skilled in 
multilateral diplomacy.</DELETED>
<DELETED>    (d) Duties.--The Special Representative shall have the 
following responsibilities:</DELETED>
        <DELETED>    (1) In general.--The primary responsibility of the 
        Special Representative shall be to assist in the organization 
        of, and preparation for, United States participation in 
        multilateral negotiations, including advocacy efforts 
        undertaken by the Department of State and other United States 
        Government agencies.</DELETED>
        <DELETED>    (2) Consultations.--The Special Representative 
        shall consult with Congress, international organizations, 
        nongovernmental organizations, and the private sector on 
        matters affecting multilateral negotiations.</DELETED>
        <DELETED>    (3) Advisory role.--The Special Representative 
        shall advise the Assistant Secretary for International 
        Organizational Affairs and, as appropriate, the Secretary of 
        State, regarding advocacy at international organizations, 
        multilateral institutions, and negotiations, and shall make 
        recommendations regarding--</DELETED>
                <DELETED>    (A) effective strategies (and tactics) to 
                achieve United States policy objectives at multilateral 
                negotiations;</DELETED>
                <DELETED>    (B) the need for and timing of high level 
                intervention by the President, the Secretary of State, 
                the Deputy Secretary of State, and other United States 
                officials to secure support from key foreign government 
                officials for United States positions at such 
                organizations, institutions, and negotiations; 
                and</DELETED>
                <DELETED>    (C) the composition of United States 
                delegations to multilateral negotiations.</DELETED>
        <DELETED>    (4) Annual diplomatic missions of multilateral 
        issues.--The Special Representative, in coordination with the 
        Assistant Secretary for International Organizational Affairs, 
        shall organize annual diplomatic missions to appropriate 
        foreign countries to conduct consultations between principal 
        officers responsible for advising the Secretary of State on 
        international organizations and high-level representatives of 
        the governments of such foreign countries to promote the United 
        States agenda at the United Nations General Assembly and other 
        key international fora (such as the United Nations Human Rights 
        Commission).</DELETED>
        <DELETED>    (5) Leadership and membership of international 
        organizations.--The Special Representative, in coordination 
        with the Assistant Secretary of International Organizational 
        Affairs, shall direct the efforts of the United States to 
        reform the criteria for leadership of and membership in 
        international organizations as described in section 
        4033.</DELETED>
        <DELETED>    (6) Participation in multilateral negotiations.--
        The Secretary of State may direct the Special Representative to 
        serve as a member of a United States delegation to any 
        multilateral negotiation.</DELETED>

             <DELETED>CHAPTER 3--OTHER PROVISIONS</DELETED>

<DELETED>SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-
              SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO 
              PROVIDE SCHOLARSHIPS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) American-sponsored elementary and secondary 
        schools are located in more than 20 countries with significant 
        Muslim populations in the Near East, Africa, South Asia, 
        Central Asia, and East Asia.</DELETED>
        <DELETED>    (3) American-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.</DELETED>
<DELETED>    (b) Purpose.--The United States has an interest in 
increasing the level of financial support provided to American-
sponsored elementary and secondary schools in predominantly Muslim 
countries, in order to--</DELETED>
        <DELETED>    (1) increase the number of students in such 
        countries who attend such schools;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) increase the number of young people who may 
        thereby improve their proficiency in the English 
        language.</DELETED>
<DELETED>    (c) Pilot Program Authorized.--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 
American-sponsored elementary and secondary schools in predominantly 
Muslim countries for the purpose of providing full or partial merit-
based scholarships to students from lower- and middle-income families 
of such countries to attend such schools.</DELETED>
<DELETED>    (d) Determination of Eligible Students.--For purposes of 
expending grant funds, an American-sponsored elementary and secondary 
school that receives a grant under subsection (c) is authorized to 
establish criteria to be implemented by such school to determine what 
constitutes lower- 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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Voluntary Participation.--Nothing in this section 
shall be construed to require participation in the pilot program by an 
American-sponsored elementary or secondary school in a predominantly 
Muslim country.</DELETED>
<DELETED>    (g) Report.--Not later than April 15, 2006, the Secretary 
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.</DELETED>
<DELETED>    (h) Funding.--There are authorized to be appropriated to 
the Secretary of State such sums as may be necessary for each of fiscal 
years 2005, 2006, and 2007 to carry out this section.</DELETED>

<DELETED>SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Freedom of speech and freedom of the press are 
        fundamental human rights.</DELETED>
        <DELETED>    (2) 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.</DELETED>
        <DELETED>    (3) Free media is undermined, endangered, or 
        nonexistent in many repressive and transitional societies 
        around the world, including in Eurasia, Africa, and the Middle 
        East.</DELETED>
        <DELETED>    (4) Individuals lacking access to a plurality of 
        free media are vulnerable to misinformation and propaganda and 
        are potentially more likely to adopt anti-American 
        views.</DELETED>
        <DELETED>    (5) Foreign governments have a responsibility to 
        actively and publicly discourage and rebut unprofessional and 
        unethical media while respecting journalistic integrity and 
        editorial independence.</DELETED>
<DELETED>    (b) Statements of Policy.--It shall be the policy of the 
United States, acting through the Secretary of State, to--</DELETED>
        <DELETED>    (1) ensure that the promotion of press freedoms 
        and free media worldwide is a priority of United States foreign 
        policy and an integral component of United States public 
        diplomacy;</DELETED>
        <DELETED>    (2) respect the journalistic integrity and 
        editorial independence of free media worldwide; and</DELETED>
        <DELETED>    (3) ensure that widely accepted standards for 
        professional and ethical journalistic and editorial practices 
        are employed when assessing international media.</DELETED>
<DELETED>    (c) Grants to Private Sector Group to Establish Media 
Network.--</DELETED>
        <DELETED>    (1) In general.--Grants made available to the 
        National Endowment for Democracy (NED) pursuant to paragraph 
        (3) shall be used by NED to provide funding to a private sector 
        group to establish and manage a free and independent media 
        network in accordance with paragraph (2).</DELETED>
        <DELETED>    (2) Purpose.--The purpose of the network shall be 
        to 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 to--</DELETED>
                <DELETED>    (A) fund a clearinghouse to collect and 
                share information concerning international media 
                development and training;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) identify effective methods for the 
                development of a free and independent media in 
                societies in transition.</DELETED>
        <DELETED>    (3) Funding.--For grants made by the Department of 
        State to NED as authorized by the National Endowment for 
        Democracy Act (Pub. L. 98-164, 97 Stat. 1039), there are 
        authorized to be appropriated to the Secretary of State such 
        sums as may be necessary for each of fiscal years 2005, 2006, 
        and 2007 to carry out this section.</DELETED>

<DELETED>SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA COVERAGE OF 
              THE UNITED STATES.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (1) Biased or false media coverage of the United 
        States and its allies is a significant factor encouraging 
        terrorist acts against the people of the United 
        States.</DELETED>
        <DELETED>    (2) Public diplomacy efforts designed to encourage 
        an accurate understanding of the people of the United States 
        and the policies of the United States are unlikely to succeed 
        if foreign publics are subjected to unrelenting biased or false 
        local media coverage of the United States.</DELETED>
        <DELETED>    (3) Where freedom of the press exists in foreign 
        countries the United States can combat biased or false media 
        coverage by responding in the foreign media or by communicating 
        directly to foreign publics in such countries.</DELETED>
        <DELETED>    (4) Foreign governments which encourage biased or 
        false media coverage of the United States bear a significant 
        degree of responsibility for creating a climate within which 
        terrorism can flourish. Such governments are responsible for 
        encouraging biased or false media coverage if they--</DELETED>
                <DELETED>    (A) issue direct or indirect instructions 
                to the media to publish biased or false information 
                regarding the United States;</DELETED>
                <DELETED>    (B) make deliberately biased or false 
                charges expecting that such charges will be 
                disseminated; or</DELETED>
                <DELETED>    (C) so severely constrain the ability of 
                the media to express criticism of any such government 
                that one of the few means of political expression 
                available is criticism of the United States.</DELETED>
<DELETED>    (b) Statements of Policy.--</DELETED>
        <DELETED>    (1) Foreign governments.--It shall be the policy 
        of the United States to regard foreign governments as knowingly 
        engaged in unfriendly acts toward the United States if such 
        governments--</DELETED>
                <DELETED>    (A) instruct their state-owned or 
                influenced media to include content that is anti-
                American or prejudicial to the foreign and security 
                policies of the United States; or</DELETED>
                <DELETED>    (B) make deliberately false charges 
                regarding the United States or permit false or biased 
                charges against the United States to be made while 
                constraining normal political discourse.</DELETED>
        <DELETED>    (2) Seeking media access; responding to false 
        charges.--It shall be the policy of the United States to--
        </DELETED>
                <DELETED>    (A) seek access to the media in foreign 
                countries on terms no less favorable than those 
                afforded any other foreign entity or on terms available 
                to the foreign country in the United States; 
                and</DELETED>
                <DELETED>    (B) combat biased or false media coverage 
                in foreign countries of the United States and its 
                allies by responding in the foreign media or by 
                communicating directly to foreign publics.</DELETED>
<DELETED>    (c) Responsibilities Regarding Biased or False Media 
Coverage.--</DELETED>
        <DELETED>    (1) Secretary of state.--The Secretary of State 
        shall instruct chiefs of mission to report on and combat biased 
        or false media coverage originating in or received in foreign 
        countries to which such chiefs are posted. Based on such 
        reports and other information available to the Secretary, the 
        Secretary shall prioritize efforts to combat such media 
        coverage, giving special attention to audiences where fostering 
        popular opposition to terrorism is most important and such 
        media coverage is most prevalent.</DELETED>
        <DELETED>    (2) Chiefs of mission.--Chiefs of mission shall 
        have the following responsibilities:</DELETED>
                <DELETED>    (A) Chiefs of mission shall give strong 
                priority to combatting biased or false media reports in 
                foreign countries to which such chiefs are posted 
                regarding the United States.</DELETED>
                <DELETED>    (B) Chiefs of mission posted to foreign 
                countries in which freedom of the press exists shall 
                inform the governments of such countries of the 
                policies of the United States regarding biased or false 
                media coverage of the United States, and shall make 
                strong efforts to persuade such governments to change 
                policies that encourage such media coverage.</DELETED>
<DELETED>    (d) Reports.--Not later than 120 days after the date of 
the enactment of this Act and at least annually thereafter until 
January 1, 2015, the Secretary shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report regarding the 
major themes of biased or false media coverage of the United States in 
foreign countries, the actions taken to persuade foreign governments to 
change policies that encourage such media coverage (and the results of 
such actions), and any other actions taken to combat such media 
coverage in foreign countries.</DELETED>

<DELETED>SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY.</DELETED>

<DELETED>    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the strategy 
of the United States to expand its outreach to foreign Muslim audiences 
through broadcast media.</DELETED>
<DELETED>    (b) Content.--The report required under subsection (a) 
shall contain the following:</DELETED>
        <DELETED>    (1) An assessment of the Broadcasting Board of 
        Governors and the public diplomacy activities of the Department 
        of State with respect to outreach to foreign Muslim audiences 
        through broadcast media.</DELETED>
        <DELETED>    (2) An outline of recommended actions that the 
        United States should take to more regularly and comprehensively 
        present a United States point of view through indigenous 
        broadcast media in countries with sizeable Muslim populations, 
        including increasing appearances by United States Government 
        officials, experts, and citizens.</DELETED>
        <DELETED>    (3) 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 Muslim 
        countries in order to present those programs to a much broader 
        Muslim audience than is currently reached.</DELETED>
        <DELETED>    (4) An assessment of providing a training program 
        in media and press affairs for members of the Foreign 
        Service.</DELETED>

<DELETED>SEC. 4045. OFFICE RELOCATION.</DELETED>

<DELETED>    As soon as practicable after the date of the enactment of 
this Act, the Secretary of State shall take such actions as are 
necessary to consolidate within the Harry S. Truman Building all 
offices of the Department of State that are responsible for the conduct 
of public diplomacy, including the Bureau of Educational and Cultural 
Affairs.</DELETED>

<DELETED>SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOCRACIES FOR 
              MUSLIM COUNTRIES.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that 
the United States--</DELETED>
        <DELETED>    (1) should work with the Community of Democracies 
        to discuss, develop, and refine policies and assistance 
        programs to support and promote political, economic, judicial, 
        educational, and social reforms in Muslim countries;</DELETED>
        <DELETED>    (2) should, as part of that effort, secure support 
        to require countries seeking membership in the Community of 
        Democracies to be in full compliance with the Community's 
        criteria for participation, as established by the Community's 
        Convening Group, should work to ensure that the criteria are 
        part of a legally binding document, and should urge other donor 
        countries to use compliance with the criteria as a basis for 
        determining diplomatic and economic relations (including 
        assistance programs) with such participating countries; 
        and</DELETED>
        <DELETED>    (3) should seek support for international 
        contributions to the Community of Democracies and should seek 
        authority for the Community's Convening Group to oversee 
        adherence and compliance of participating countries with the 
        criteria.</DELETED>
<DELETED>    (b) Middle East Partnership Initiative and Broader Middle 
East and North Africa Initiative .--Amounts made available to carry out 
the Middle East Partnership Initiative and the Broader Middle East and 
North Africa Initiative may be made available to the Community of 
Democracies in order to strengthen and expand its work with Muslim 
countries.</DELETED>
<DELETED>    (c) Report.--The Secretary of State shall include in the 
annual report entitled ``Supporting Human Rights and Democracy: The 
U.S. Record'' a description of efforts by the Community of Democracies 
to support and promote political, economic, judicial, educational, and 
social reforms in Muslim countries and the extent to which such 
countries meet the criteria for participation in the Community of 
Democracies.</DELETED>

    <DELETED>Subtitle C--Reform of Designation of Foreign Terrorist 
                        Organizations</DELETED>

<DELETED>SEC. 4051. DESIGNATION OF FOREIGN TERRORIST 
              ORGANIZATIONS.</DELETED>

<DELETED>    (a) Period of Designation.--Section 219(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) by striking ``Subject to paragraphs 
                (5) and (6), a'' and inserting ``A''; and</DELETED>
                <DELETED>    (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)'';</DELETED>
        <DELETED>    (2) by striking subparagraph (B) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) Review of designation upon 
                petition.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(ii) Petition period.--For 
                        purposes of clause (i)--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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) have changed in such a manner as to warrant 
                        revocation with respect to the 
                        organization.</DELETED>
                        <DELETED>    ``(iv) Determination.--</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(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).</DELETED>
                                <DELETED>    ``(III) Publication of 
                                determination.--A determination made by 
                                the Secretary under this clause shall 
                                be published in the Federal 
                                Register.</DELETED>
                                <DELETED>    ``(IV) Procedures.--Any 
                                revocation by the Secretary shall be 
                                made in accordance with paragraph 
                                (6).''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) Other review of designation.--
                </DELETED>
                        <DELETED>    ``(i) In general.--If in a 6-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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iii) Publication of results of 
                        review.--The Secretary shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal 
                        Register.''.</DELETED>
<DELETED>    (b) Aliases.--Section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following new subsection (b):</DELETED>
<DELETED>    ``(b) Amendments to a Designation.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Administrative record.--The administrative 
        record shall be corrected to include the amendments as well as 
        any additional relevant information that supports those 
        amendments.</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendments.--Section 219 of 
the Immigration and Nationality Act (8 U.S.C. 1189) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (3)(B), by striking 
                ``subsection (b)'' and inserting ``subsection 
                (c)'';</DELETED>
                <DELETED>    (B) in paragraph (6)(A)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) in clause (i), by striking 
                        ``or redesignation'';</DELETED>
                <DELETED>    (C) in paragraph (7), by striking ``, or 
                the revocation of a redesignation under paragraph 
                (6),''; and</DELETED>
                <DELETED>    (D) in paragraph (8)--</DELETED>
                        <DELETED>    (i) by striking ``, or if a 
                        redesignation under this subsection has become 
                        effective under paragraph (4)(B),''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``or 
                        redesignation''; and</DELETED>
        <DELETED>    (2) in subsection (c), as so redesignated--
        </DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``, 
                amended designation, or determination in response to a 
                petition for revocation'' after 
                ``designation'';</DELETED>
                <DELETED>    (C) in paragraph (3), by inserting ``, 
                amended designation, or determination in response to a 
                petition for revocation'' after ``designation''; 
                and</DELETED>
                <DELETED>    (D) in paragraph (4), by inserting ``, 
                amended designation, or determination in response to a 
                petition for revocation'' after ``designation'' each 
                place that term appears.</DELETED>
<DELETED>    (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)).</DELETED>

<DELETED>SEC. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY 
              REPORTS ON TERRORISM OF INFORMATION ON TERRORIST GROUPS 
              THAT SEEK WEAPONS OF MASS DESTRUCTION AND GROUPS THAT 
              HAVE BEEN DESIGNATED AS FOREIGN TERRORIST 
              ORGANIZATIONS.</DELETED>

<DELETED>    (a) Inclusion in Reports.--Section 140 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
2656f) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(2)--</DELETED>
                <DELETED>    (A) by inserting ``any terrorist group 
                known to have obtained or developed, or to have 
                attempted to obtain or develop, weapons of mass 
                destruction,'' after ``during the preceding five 
                years,''; and</DELETED>
                <DELETED>    (B) by inserting ``any group designated by 
                the Secretary as a foreign terrorist organization under 
                section 219 of the Immigration and Nationality Act (8 
                U.S.C. 1189),'' after ``Export Administration Act of 
                1979,'';</DELETED>
        <DELETED>    (2) in subsection (b)(1)(C)(iii), by striking 
        ``and'' at the end;</DELETED>
        <DELETED>    (3) in subsection (b)(1)(C)--</DELETED>
                <DELETED>    (A) by redesignating clause (iv) as clause 
                (v); and</DELETED>
                <DELETED>    (B) by inserting after clause (iii) the 
                following new clause:</DELETED>
                        <DELETED>    ``(iv) providing weapons of mass 
                        destruction, or assistance in obtaining or 
                        developing such weapons, to terrorists or 
                        terrorist groups; and''; and</DELETED>
        <DELETED>    (4) in subsection (b)(3) (as redesignated by 
        section 4002(b)(2)(B) of this Act)--</DELETED>
                <DELETED>    (A) by redesignating subparagraphs (C), 
                (D), and (E) as (D), (E), and (F), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after subparagraph (B) 
                the following new subparagraph:</DELETED>
                <DELETED>    ``(C) efforts by those groups to obtain or 
                develop weapons of mass destruction;''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall apply beginning with the first report under section 140 of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 
U.S.C. 2656f), submitted more than one year after the date of the 
enactment of this Act.</DELETED>

  <DELETED>Subtitle D--Afghanistan Freedom Support Act Amendments of 
                             2004</DELETED>

<DELETED>SEC. 4061. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Afghanistan Freedom 
Support Act Amendments of 2004''.</DELETED>

<DELETED>SEC. 4062. COORDINATION OF ASSISTANCE FOR 
              AFGHANISTAN.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) 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; and</DELETED>
        <DELETED>    (2) the Afghanistan Freedom Support Act of 2002 
        (Public Law 107-327; 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.</DELETED>
<DELETED>    (b) 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''.</DELETED>
<DELETED>    (c) Other Matters.--Section 104 of such Act (22 U.S.C. 
7514) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(c) Program Plan.--The coordinator designated under 
subsection (a) shall annually submit to the Committees on International 
Relations and Appropriations of the House of Representatives and the 
Committees on Foreign Relations and Appropriations of the Senate the 
Administration's plan for assistance to Afghanistan together with a 
description of such assistance in prior years.</DELETED>
<DELETED>    ``(d) Coordination With International Community.--The 
coordinator designated under subsection (a) shall work with the 
international community, including multilateral organizations and 
international financial institutions, 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.''.</DELETED>

<DELETED>SEC. 4063. GENERAL PROVISIONS RELATING TO THE AFGHANISTAN 
              FREEDOM SUPPORT ACT OF 2002.</DELETED>

<DELETED>    (a) Assistance to Promote Economic, Political and Social 
Development.--</DELETED>
        <DELETED>    (1) 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).</DELETED>
        <DELETED>    (2) 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''.</DELETED>
<DELETED>    (b) Declarations of Policy.--Congress makes the following 
declarations:</DELETED>
        <DELETED>    (1) 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.</DELETED>
        <DELETED>    (2) 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 by warlords or 
        narcotics traffickers.</DELETED>
        <DELETED>    (3)(A) 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.</DELETED>
        <DELETED>    (B) The United States should continue to lead in 
        the security domain by, among other things, providing 
        logistical support to facilitate those contributions.</DELETED>
        <DELETED>    (C) In coordination with the Government of 
        Afghanistan, the United States should urge others, and act 
        itself, to increase efforts to promote disarmament, 
        demobilization, and reintegration efforts, to enhance 
        counternarcotics activities, to expand deployments of 
        Provincial Reconstruction Teams, and to increase training of 
        Afghanistan's National Army and its police and border security 
        forces.</DELETED>
<DELETED>    (c) Long-Term Strategy.--</DELETED>
        <DELETED>    (1) Strategy.--Title III of such Act (22 U.S.C. 
        7551 et seq.) is amended by adding at the end the 
        following:</DELETED>

<DELETED>``SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR 
              AFGHANISTAN.</DELETED>

<DELETED>    ``(a) Strategy.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 180 days after 
        the date of the enactment of the Afghanistan Freedom Support 
        Act Amendments of 2004, the President shall formulate and 
        transmit to the Committee on International Relations of the 
        House of Representatives and the Committee on Foreign Relations 
        of the Senate a 5-year strategy for Afghanistan that includes 
        specific and measurable goals, timeframes for accomplishing 
        such goals, and specific resource levels necessary for 
        accomplishing such 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.</DELETED>
        <DELETED>    ``(2) Additional requirement.--The strategy shall 
        also delineate responsibilities for achieving such goals and 
        identify and address possible external factors that could 
        significantly affect the achievement of such goals.</DELETED>
<DELETED>    ``(b) Implementation.--Not later than 30 days after the 
date of the transmission of the strategy required by subsection (a), 
the Secretary of State, the Administrator of the United States Agency 
for International Development, and the Secretary of Defense shall 
submit to the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
written 5-year action plan to implement the strategy developed pursuant 
to subsection (a). Such action plan shall include a description and 
schedule of the program evaluations that will monitor progress toward 
achieving the goals described in subsection (a).</DELETED>
<DELETED>    ``(c) Review.--The Secretary of State, the Administrator 
of the United States Agency for International Development, and the 
Secretary of Defense shall carry out an annual review of the strategy 
required by subsection (a) and the action plan required by subsection 
(b).</DELETED>
<DELETED>    ``(d) Monitoring.--The report required by section 
206(c)(2) of this Act shall include--</DELETED>
        <DELETED>    ``(1) a description of progress toward 
        implementation of both the strategy required by subsection (a) 
        and the action plan required by subsection (b); and</DELETED>
        <DELETED>    ``(2) a description of any changes to the strategy 
        or action plan since the date of the submission of the last 
        report required by such section.''.</DELETED>
        <DELETED>    (2) 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:</DELETED>

<DELETED>``Sec. 304. Formulation of long-term strategy for 
                            Afghanistan.''.

<DELETED>SEC. 4064. RULE OF LAW AND RELATED ISSUES.</DELETED>

<DELETED>    Section 103(a)(5)(A) of the Afghanistan Freedom Support 
Act of 2002 (22 U.S.C. 7513(a)(5)(A)) is amended--</DELETED>
        <DELETED>    (1) in clause (v), to read as follows:</DELETED>
                        <DELETED>    ``(v) support for the activities 
                        of the Government of Afghanistan 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;'';</DELETED>
        <DELETED>    (2) in clause (xii), to read as follows:</DELETED>
                        <DELETED>    ``(xii) 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, to establish a 
                        responsible and community-based police force, 
                        and to rehabilitate or construct courthouses 
                        and detention facilities;''; and</DELETED>
        <DELETED>    (3) in clause (xiii), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (4) in clause (xiv), by striking the period at the 
        end and inserting ``; and''; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
                        <DELETED>    ``(xv) assistance for the 
                        protection of Afghanistan's culture, history, 
                        and national identity, including with the 
                        rehabilitation of Afghanistan's museums and 
                        sites of cultural significance.''.</DELETED>

<DELETED>SEC. 4065. MONITORING OF ASSISTANCE.</DELETED>

<DELETED>    Section 108 of the Afghanistan Freedom Support Act of 2002 
(22 U.S.C. 7518) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(c) Monitoring of Assistance for Afghanistan.--
</DELETED>
        <DELETED>    ``(1) Report.--Not later than January 15, 2005, 
        and every six months thereafter, the Secretary of State, in 
        consultation with the Administrator for the United States 
        Agency for International Development, 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 obligations and expenditures of United 
        States assistance for Afghanistan from all United States 
        Government agencies.</DELETED>
        <DELETED>    ``(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 by such paragraph.''.</DELETED>

<DELETED>SEC. 4066. UNITED STATES POLICY TO SUPPORT DISARMAMENT OF 
              PRIVATE MILITIAS AND TO SUPPORT EXPANSION OF 
              INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN 
              AFGHANISTAN.</DELETED>

<DELETED>    (a) Disarmament of Private Militias.--Section 103 of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513) is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(d) United States Policy Relating to Disarmament of 
Private Militias.--</DELETED>
        <DELETED>    ``(1) 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.</DELETED>
        <DELETED>    ``(2) Report.--The report required by section 
        206(c)(2) of this Act shall include a description of the 
        progress to implement paragraph (1).''.</DELETED>
<DELETED>    (b) International Peacekeeping and Security Operations.--
Section 103 of such Act (22 U.S.C. 7513(d)), as amended by subsection 
(a), is further amended by adding at the end the following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4067. EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND 
              SECURITY OPERATIONS IN AFGHANISTAN.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(1) Efforts to expand international peacekeeping 
        and security operations in afghanistan.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Reports.--The President shall 
                prepare and transmit to the Committee on International 
                Relations of the House of Representatives and the 
                Committee on Foreign Relations of the Senate a report 
                on efforts carried out pursuant to subparagraph (A). 
                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 six months thereafter and may be 
                included in the report required by section 206(c)(2) of 
                this Act.''.</DELETED>

<DELETED>SEC. 4068. PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN 
              AFGHANISTAN.</DELETED>

<DELETED>    (a) counternarcotics Efforts.--The Afghanistan Freedom 
Support Act of 2002 (22 U.S.C. 7501 et seq.) is amended--</DELETED>
        <DELETED>    (1) by redesignating--</DELETED>
                <DELETED>    (A) title III as title IV; and</DELETED>
                <DELETED>    (B) sections 301 through 304 as sections 
                401 through 404, respectively; and</DELETED>
        <DELETED>    (2) by inserting after title II the 
        following:</DELETED>

 <DELETED>``TITLE III--PROVISIONS RELATING TO counternarcotics EFFORTS 
                        IN AFGHANISTAN</DELETED>

<DELETED>``SEC. 301. ASSISTANCE FOR COUNTERNARCOTICS EFFORTS.</DELETED>

<DELETED>    ``In addition to programs established pursuant to section 
103(a)(3) of this Act or other similar programs, the President is 
authorized and encouraged to implement specific initiatives to assist 
in the eradication of poppy cultivation and the disruption of heroin 
production in Afghanistan, such as--</DELETED>
        <DELETED>    ``(1) promoting 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;</DELETED>
        <DELETED>    ``(2) enhancing the ability of farmers to bring 
        legitimate agricultural goods to market;</DELETED>
        <DELETED>    ``(3) notwithstanding section 660 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2420), assistance, including 
        nonlethal 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 2006 through 2008, for salaries for special 
        counternarcotics police and supporting units;</DELETED>
        <DELETED>    ``(4) training the Afghan National Army in 
        counternarcotics activities; and</DELETED>
        <DELETED>    ``(5) creating special counternarcotics courts, 
        prosecutors, and places of incarceration.''.</DELETED>
<DELETED>    (b) Clerical Amendments.--The table of contents for such 
Act (22 U.S.C. 7501 note) is amended--</DELETED>
        <DELETED>    (1) by redesignating--</DELETED>
                <DELETED>    (A) the item relating to title III as the 
                item relating to title IV; and</DELETED>
                <DELETED>    (B) the items relating to sections 301 
                through 304 as the items relating to sections 401 
                through 404; and</DELETED>
        <DELETED>    (2) by inserting after the items relating to title 
        II the following:</DELETED>

 <DELETED>``TITLE III--PROVISIONS RELATING TO counternarcotics EFFORTS 
                             IN AFGHANISTAN

<DELETED>``Sec. 301. Assistance for counternarcotics efforts.''.

<DELETED>SEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANISTAN FREEDOM 
              SUPPORT ACT OF 2002.</DELETED>

<DELETED>    (a) Technical Amendment.--Section 103(a)(7)(A)(xii) of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)(A)(xii)) 
is amended by striking ``National'' and inserting ``Afghan 
Independent''.</DELETED>
<DELETED>    (b) Reporting Requirement.--Section 206(c)(2) of such Act 
(22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph 
(A) by striking ``2007'' and inserting ``2012''.</DELETED>

<DELETED>SEC. 4070. REPEAL.</DELETED>

<DELETED>    Section 620D of the Foreign Assistance Act of 1961 (22 
U.S.C. 2374; relating to prohibition on assistance to Afghanistan) is 
hereby repealed.</DELETED>

     <DELETED>Subtitle E--Provisions Relating to Saudi Arabia and 
                           Pakistan</DELETED>

<DELETED>SEC. 4081. NEW UNITED STATES STRATEGY FOR RELATIONSHIP WITH 
              SAUDI ARABIA.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that 
the relationship between the United States and Saudi Arabia should 
include a more robust dialogue between the people and Government of the 
United States and the people and Government of Saudi Arabia in order to 
provide for a reevaluation of, and improvements to, the relationship by 
both sides.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (1) In general.-- Not later than one year after 
        the date of the enactment of this Act, the President shall 
        transmit to the Committee on International Relations of the 
        House of Representatives and the Committee on Foreign Relations 
        of the Senate a strategy for collaboration with the people and 
        Government of Saudi Arabia on subjects of mutual interest and 
        importance to the United States.</DELETED>
        <DELETED>    (2) Contents.--The strategy required under 
        paragraph (1) shall include the following provisions:</DELETED>
                <DELETED>    (A) A framework for security cooperation 
                in the fight against terrorism, with special reference 
                to combating terrorist financing and an examination of 
                the origins of modern terrorism.</DELETED>
                <DELETED>    (B) A framework for political and economic 
                reform in Saudi Arabia and throughout the Middle 
                East.</DELETED>
                <DELETED>    (C) An examination of steps that should be 
                taken to reverse the trend toward extremism in Saudi 
                Arabia and other Muslim countries and throughout the 
                Middle East.</DELETED>
                <DELETED>    (D) A framework for promoting greater 
                tolerance and respect for cultural and religious 
                diversity in Saudi Arabia and throughout the Middle 
                East.</DELETED>

<DELETED>SEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE OF 
              PAKISTAN.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that 
the United States should, over a long-term period, help to ensure a 
promising, stable, and secure future for Pakistan, and should in 
particular provide assistance to encourage and enable Pakistan--
</DELETED>
        <DELETED>    (1) to continue and improve upon its commitment to 
        combating extremists;</DELETED>
        <DELETED>    (2) to seek to resolve any outstanding 
        difficulties with its neighbors and other countries in its 
        region;</DELETED>
        <DELETED>    (3) to continue to make efforts to fully control 
        its territory and borders;</DELETED>
        <DELETED>    (4) to progress towards becoming a more effective 
        and participatory democracy;</DELETED>
        <DELETED>    (5) to participate more vigorously in the global 
        marketplace and to continue to modernize its economy;</DELETED>
        <DELETED>    (6) to take all necessary steps to halt the spread 
        of weapons of mass destruction;</DELETED>
        <DELETED>    (7) to continue to reform its education system; 
        and</DELETED>
        <DELETED>    (8) to, in other ways, implement a general 
        strategy of moderation.</DELETED>
<DELETED>    (b) Strategy.--Not later than 180 days after the date of 
the enactment of this Act, the President shall transmit to Congress a 
detailed proposed strategy for the future, long-term, engagement of the 
United States with Pakistan.</DELETED>

<DELETED>SEC. 4083. EXTENSION OF PAKISTAN WAIVERS.</DELETED>

<DELETED>     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--</DELETED>
        <DELETED>    (1) in section 1(b)--</DELETED>
                <DELETED>    (A) in the heading, by striking ``Fiscal 
                Year 2004'' and inserting ``Fiscal Years 2005 and 
                2006''; and</DELETED>
                <DELETED>    (B) in paragraph (1), by striking ``2004'' 
                and inserting ``2005 or 2006'';</DELETED>
        <DELETED>    (2) in section 3(2), by striking ``and 2004,'' and 
        inserting ``2004, 2005, and 2006''; and</DELETED>
        <DELETED>    (3) in section 6, by striking ``2004'' and 
        inserting ``2006''.</DELETED>

          <DELETED>Subtitle F--Oversight Provisions</DELETED>

<DELETED>SEC. 4091. CASE-ZABLOCKI ACT REQUIREMENTS.</DELETED>

<DELETED>    (a) Availability of Treaties and International 
Agreements.--Section 112a of title 1, United States Code, is amended by 
adding at the end the following:</DELETED>
<DELETED>    ``(d) The Secretary of State shall cause to be published 
in slip form or otherwise made 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.''.</DELETED>
<DELETED>    (b) Transmission to Congress.--Section 112b(a) of title 1, 
United States Code (commonly referred to as the ``Case-Zablocki Act''), 
is amended--</DELETED>
        <DELETED>    (1) in the first sentence, by striking ``has 
        entered into force'' and inserting ``has been signed or entered 
        into force''; and</DELETED>
        <DELETED>    (2) in the second sentence, by striking 
        ``Committee on Foreign Affairs'' and inserting ``Committee on 
        International Relations''.</DELETED>
<DELETED>    (c) Report.--Section 112b of title 1, United States Code, 
is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d)(1) The Secretary of State shall submit to Congress 
on an annual basis a report that contains an index of all international 
agreements (including oral 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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(B) has not been published, or is not proposed 
        to be published, in the compilation entitled `United States 
        Treaties and Other International Agreements'.</DELETED>
<DELETED>    ``(2) The report described in paragraph (1) may be 
submitted in classified form.''.</DELETED>
<DELETED>    (d) Determination of International Agreement.--Subsection 
(e) of section 112b of title 1, United States Code, (as redesignated) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``(e) The Secretary of State'' and 
        inserting ``(e)(1) Subject to paragraph (2), the Secretary of 
        State''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(2)(A) An arrangement shall constitute an international 
agreement within the meaning of this section (other than subsection (c) 
of this section) irrespective of the duration of activities under the 
arrangement or the arrangement itself.</DELETED>
<DELETED>    ``(B) Arrangements that constitute an international 
agreement within the meaning of this section (other than subsection (c) 
of this section) include, but are not limited to, the 
following:</DELETED>
        <DELETED>    ``(i) A bilateral or multilateral counterterrorism 
        agreement.</DELETED>
        <DELETED>    ``(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)).''.</DELETED>
<DELETED>    (e) Enforcement of Requirements.--Section 139(b) of the 
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 is 
amended to read as follows:</DELETED>
<DELETED>    ``(b) Effective Date.--Subsection (a) shall take effect 60 
days after the date of the enactment of the 9/11 Recommendations 
Implementation Act and shall apply during fiscal years 2005, 2006, and 
2007.''.</DELETED>

 <DELETED>Subtitle G--Additional Protections of United States Aviation 
                System from Terrorist Attacks</DELETED>

<DELETED>SEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM 
              DEPLOYMENT OF FEDERAL FLIGHT DECK OFFICERS.</DELETED>

<DELETED>    The President is encouraged to pursue aggressively 
international agreements with foreign governments to allow the maximum 
deployment of Federal air marshals and Federal flight deck officers on 
international flights.</DELETED>

<DELETED>SEC. 4102. FEDERAL AIR MARSHAL TRAINING.</DELETED>

<DELETED>    Section 44917 of title 49, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(d) Training for Foreign Law Enforcement Personnel.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 appropriate 
        records in the consolidated and integrated terrorist watchlists 
        of the Federal Government.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 4103. MAN-PORTABLE AIR DEFENSE SYSTEMS 
              (MANPADS).</DELETED>

<DELETED>    (a) United States Policy on Nonproliferation and Export 
Control.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Reporting and briefing requirement.--
        </DELETED>
                <DELETED>    (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''.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) FAA Airworthiness Certification of Missile Defense 
Systems for Commercial Aircraft.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 each airworthiness and safety certification 
        issued for a missile defense system for commercial 
        aircraft.</DELETED>
<DELETED>    (c) Programs to Reduce MANPADS.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Funding.--There are authorized to be 
        appropriated such sums as may be necessary to carry out this 
        section.</DELETED>
<DELETED>    (d) MANPADS Vulnerability Assessments Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Matters to be addressed.--The Secretary's 
        report shall address, at a minimum, the following:</DELETED>
                <DELETED>    (A) The status of the Department's efforts 
                to conduct MANPADSs vulnerability assessments at United 
                States airports at which the Department is conducting 
                assessments.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (E) Any other issues that the Secretary 
                deems relevant.</DELETED>
        <DELETED>    (3) Format.--The report required by this 
        subsection may be submitted in a classified format.</DELETED>
<DELETED>    (e) Definitions.--In this section, the following 
definitions apply:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Armed Services, the 
                Committee on International Relations, and the Committee 
                on Transportation and Infrastructure of the House of 
                Representatives; and</DELETED>
                <DELETED>    (B) the Committee on Armed Services, the 
                Committee on Foreign Relations, and the Committee on 
                Commerce, Science, and Transportation of the 
                Senate.</DELETED>
        <DELETED>    (2) MANPADS.--The term ``MANPADS'' means--
        </DELETED>
                <DELETED>    (A) a surface-to-air missile system 
                designed to be man-portable and carried and fired by a 
                single individual; and</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>Subtitle H--Improving International Standards and Cooperation 
                 to Fight Terrorist Financing</DELETED>

<DELETED>SEC. 4111. SENSE OF THE CONGRESS REGARDING SUCCESS IN 
              MULTILATERAL ORGANIZATIONS.</DELETED>

<DELETED>    (a) Commendation.--The Congress commends the Secretary of 
the Treasury for success and leadership in establishing international 
standards for fighting terrorist finance through multilateral 
organizations, including the Financial Action Task Force (FATF) at the 
Organization for Economic Cooperation and Development, the 
International Monetary Fund, the International Bank for Reconstruction 
and Development, and the regional multilateral development 
banks.</DELETED>
<DELETED>    (b) Policy Guidance.--The Congress encourages the 
Secretary of the Treasury to direct the United States Executive 
Director at each international financial institution to use the voice 
and vote of the United States to urge the institution, and encourages 
the Secretary of the Treasury to use the voice and vote of the United 
States in other multilateral financial policymaking bodies, to--
</DELETED>
        <DELETED>    (1) provide funding for the implementation of FATF 
        anti-money laundering and anti-terrorist financing standards; 
        and</DELETED>
        <DELETED>    (2) promote economic development in the Middle 
        East.</DELETED>

<DELETED>SEC. 4112. EXPANDED REPORTING REQUIREMENT FOR THE SECRETARY OF 
              THE TREASURY.</DELETED>

<DELETED>    (a) In General.--Section 1701(b) of the International 
Financial Institutions Act (22 U.S.C. 262r(b)) is amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of paragraph 
        (10); and</DELETED>
        <DELETED>    (2) by redesignating paragraph (11) as paragraph 
        (12) and inserting after paragraph (10) the 
        following:</DELETED>
        <DELETED>    ``(11) an assessment of--</DELETED>
                <DELETED>    ``(A) the progress made by the 
                International Terrorist Finance Coordinating Council in 
                developing policies to be pursued with the 
                international financial institutions and other 
                multilateral financial policymaking bodies regarding 
                anti-terrorist financing initiatives;</DELETED>
                <DELETED>    ``(B) the progress made by the United 
                States in negotiations with the international financial 
                institutions and other multilateral financial 
                policymaking bodies to set common anti-terrorist 
                financing standards;</DELETED>
                <DELETED>    ``(C) the extent to which the 
                international financial institutions and other 
                multilateral financial policymaking bodies have adopted 
                anti-terrorist financing standards advocated by the 
                United States; and</DELETED>
                <DELETED>    ``(D) whether and how the international 
                financial institutions are contributing to the fight 
                against the financing of terrorist activities; 
                and''.</DELETED>
<DELETED>    (b) Other Multilateral Policymaking Bodies Defined.--
Section 1701(c) of such Act (22 U.S.C. 262r(c)) is amended by adding at 
the end the following:</DELETED>
        <DELETED>    ``(5) Other multilateral financial policymaking 
        bodies.--The term `other multilateral financial policymaking 
        bodies' means--</DELETED>
                <DELETED>    ``(A) the Financial Action Task Force at 
                the Organization for Economic Cooperation and 
                Development;</DELETED>
                <DELETED>    ``(B) the international network of 
                financial intelligence units known as the `Egmont 
                Group';</DELETED>
                <DELETED>    ``(C) the United States, Canada, the 
                United Kingdom, France, Germany, Italy, Japan, and 
                Russia, when meeting as the Group of Eight; 
                and</DELETED>
                <DELETED>    ``(D) any other multilateral financial 
                policymaking group in which the Secretary of the 
                Treasury represents the United States.''.</DELETED>

<DELETED>SEC. 4113. INTERNATIONAL TERRORIST FINANCE COORDINATING 
              COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--The Secretary of the Treasury shall 
establish and convene an interagency council, to be known as the 
``International Terrorist Finance Coordinating Council'' (in this 
section referred to as the ``Council''), which shall advise the 
Secretary on policies to be pursued by the United States at meetings of 
the international financial institutions and other multilateral 
financial policymaking bodies, regarding the development of 
international anti-terrorist financing standards.</DELETED>
<DELETED>    (b) Meetings.--</DELETED>
        <DELETED>    (1) Attendees.--</DELETED>
                <DELETED>    (A) General attendees.--The Secretary of 
                the Treasury (or a representative of the Secretary of 
                the Treasury) and the Secretary of State (or a 
                representative of the Secretary of State) shall attend 
                each Council meeting.</DELETED>
                <DELETED>    (B) Other attendees.--The Secretary of the 
                Treasury shall determine which other officers of the 
                Federal Government shall attend a Council meeting, on 
                the basis of the issues to be raised for consideration 
                at the meeting. The Secretary shall include in the 
                meeting representatives from all relevant Federal 
                agencies with authority to address the 
                issues.</DELETED>
        <DELETED>    (2) Schedule.--Not less frequently than annually, 
        the Secretary of the Treasury shall convene Council meetings at 
        such times as the Secretary deems appropriate, based on the 
        notice, schedule, and agenda items of the international 
        financial institutions and other multilateral financial 
        policymaking bodies.</DELETED>

<DELETED>SEC. 4114. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle:</DELETED>
        <DELETED>    (1) International financial institutions.--The 
        term ``international financial institutions'' has the meaning 
        given in section 1701(c)(2) of the International Financial 
        Institutions Act.</DELETED>
        <DELETED>    (2) Other multilateral financial policymaking 
        bodies.--The term ``other multilateral financial policymaking 
        bodies'' means--</DELETED>
                <DELETED>    (A) the Financial Action Task Force at the 
                Organization for Economic Cooperation and 
                Development;</DELETED>
                <DELETED>    (B) the international network of financial 
                intelligence units known as the ``Egmont 
                Group'';</DELETED>
                <DELETED>    (C) the United States, Canada, the United 
                Kingdom, France, Germany, Italy, Japan, and Russia, 
                when meeting as the Group of Eight; and</DELETED>
                <DELETED>    (D) any other multilateral financial 
                policymaking group in which the Secretary of the 
                Treasury represents the United States.</DELETED>

          <DELETED>TITLE V--GOVERNMENT RESTRUCTURING</DELETED>

       <DELETED>Subtitle A--Faster and Smarter Funding for First 
                          Responders</DELETED>

<DELETED>SEC. 5001. SHORT TITLE.</DELETED>

<DELETED>    This subtitle may be cited as the ``Faster and Smarter 
Funding for First Responders Act of 2004''.</DELETED>

<DELETED>SEC. 5002. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (1) In order to achieve its objective of 
        minimizing the damage, and assisting in the recovery, from 
        terrorist attacks, the Department of Homeland Security must 
        play a leading role in assisting communities to reach the level 
        of preparedness they need to respond to a terrorist 
        attack.</DELETED>
        <DELETED>    (2) First responder funding is not reaching the 
        men and women of our Nation's first response teams quickly 
        enough, and sometimes not at all.</DELETED>
        <DELETED>    (3) To reform the current bureaucratic process so 
        that homeland security dollars reach the first responders who 
        need it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        that support first responders.</DELETED>
        <DELETED>    (4) Ensuring adequate resources for the new 
        national mission of homeland security, without degrading the 
        ability to address effectively other types of major disasters 
        and emergencies, requires a discrete and separate grant making 
        process for homeland security funds for first response to 
        terrorist acts, on the one hand, and for first responder 
        programs designed to meet pre-September 11 priorities, on the 
        other.</DELETED>
        <DELETED>    (5) While a discrete homeland security grant 
        making process is necessary to ensure proper focus on the 
        unique aspects of terrorism prevention, preparedness, and 
        response, it is essential that State and local strategies for 
        utilizing such grants be integrated, to the greatest extent 
        practicable, with existing State and local emergency management 
        plans.</DELETED>
        <DELETED>    (6) Homeland security grants to first responders 
        must be based on the best intelligence concerning the 
        capabilities and intentions of our terrorist enemies, and that 
        intelligence must be used to target resources to the Nation's 
        greatest threats, vulnerabilities, and consequences.</DELETED>
        <DELETED>    (7) The Nation's first response capabilities will 
        be improved by sharing resources, training, planning, 
        personnel, and equipment among neighboring jurisdictions 
        through mutual aid agreements and regional cooperation. Such 
        regional cooperation should be supported, where appropriate, 
        through direct grants from the Department of Homeland 
        Security.</DELETED>
        <DELETED>    (8) An essential prerequisite to achieving the 
        Nation's homeland security objectives for first responders is 
        the establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.</DELETED>
        <DELETED>    (9) A national determination of essential 
        capabilities is needed to identify levels of State and local 
        government terrorism preparedness, to determine the nature and 
        extent of State and local first responder needs, to identify 
        the human and financial resources required to fulfill them, and 
        to direct funding to meet those needs and to measure 
        preparedness levels on a national scale.</DELETED>
        <DELETED>    (10) To facilitate progress in achieving, 
        maintaining, and enhancing essential capabilities for State and 
        local first responders, the Department of Homeland Security 
        should seek to allocate homeland security funding for first 
        responders to meet nationwide needs.</DELETED>
        <DELETED>    (11) Private sector resources and citizen 
        volunteers can perform critical functions in assisting in 
        preventing and responding to terrorist attacks, and should be 
        integrated into State and local planning efforts to ensure that 
        their capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.</DELETED>
        <DELETED>    (12) Public-private partnerships, such as the 
        partnerships between the Business Executives for National 
        Security and the States of New Jersey and Georgia, can be 
        useful to identify and coordinate private sector support for 
        State and local first responders. Such models should be 
        expanded to cover all States and territories.</DELETED>
        <DELETED>    (13) An important aspect of essential capabilities 
        is measurability, so that it is possible to determine how 
        prepared a State or local government is now, and what 
        additional steps it needs to take, in order to respond to acts 
        of terrorism.</DELETED>
        <DELETED>    (14) The Department of Homeland Security should 
        establish, publish, and regularly update national voluntary 
        consensus standards for both equipment and training, in 
        cooperation with both public and private sector standard 
        setting organizations, to assist State and local governments in 
        obtaining the equipment and training to attain the essential 
        capabilities for first response to acts of terrorism, and to 
        ensure that first responder funds are spent wisely.</DELETED>

<DELETED>SEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    (a) In General.--The Homeland Security Act of 2002 (Public 
Law 107-296; 6 U.S.C. 361 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 1(b) in the table of contents by 
        adding at the end the following:</DELETED>

          <DELETED>``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

        <DELETED>``Sec. 1801. Definitions.
        <DELETED>``Sec. 1802. Faster and smarter funding for first 
                            responders.
        <DELETED>``Sec. 1803. Essential capabilities for first 
                            responders.
        <DELETED>``Sec. 1804. Task Force on Essential Capabilities for 
                            First Responders.
        <DELETED>``Sec. 1805. Covered grant eligibility and criteria.
        <DELETED>``Sec. 1806. Use of funds and accountability 
                            requirements.
        <DELETED>``Sec. 1807. National standards for first responder 
                            equipment and training.''; and
        <DELETED>    (2) by adding at the end the following:</DELETED>

     <DELETED>``TITLE XVIII--FUNDING FOR FIRST RESPONDERS</DELETED>

<DELETED>``SEC. 1801. DEFINITIONS.</DELETED>

<DELETED>    ``In this title:</DELETED>
        <DELETED>    ``(1) Board.--The term `Board' means the First 
        Responder Grants Board established under section 
        1805(f).</DELETED>
        <DELETED>    ``(2) Covered grant.--The term `covered grant' 
        means any grant to which this title applies under section 
        1802.</DELETED>
        <DELETED>    ``(3) Directly eligible tribe.--The term `directly 
        eligible tribe' means any Indian tribe or consortium of Indian 
        tribes that--</DELETED>
                <DELETED>    ``(A) meets the criteria for inclusion in 
                the qualified applicant pool for Self-Governance that 
                are set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));</DELETED>
                <DELETED>    ``(B) employs at least 10 full-time 
                personnel in a law enforcement or emergency response 
                agency with the capacity to respond to calls for law 
                enforcement or emergency services; and</DELETED>
                <DELETED>    ``(C)(i) is located on, or within 5 miles 
                of, an international border or waterway;</DELETED>
                <DELETED>    ``(ii) is located within 5 miles of a 
                facility within a critical infrastructure sector 
                identified in section 1803(c)(2);</DELETED>
                <DELETED>    ``(iii) is located within or contiguous to 
                one of the 50 largest metropolitan statistical areas in 
                the United States; or</DELETED>
                <DELETED>    ``(iv) has more than 1,000 square miles of 
                Indian country, as that term is defined in section 1151 
                of title 18, United States Code.</DELETED>
        <DELETED>    ``(4) Elevations in the threat alert level.--The 
        term `elevations in the threat alert level' means any 
        designation (including those that are less than national in 
        scope) that raises the homeland security threat level to either 
        the highest or second highest threat level under the Homeland 
        Security Advisory System referred to in section 
        201(d)(7).</DELETED>
        <DELETED>    ``(5) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).</DELETED>
        <DELETED>    ``(6) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to acts of terrorism 
        consistent with established practices.</DELETED>
        <DELETED>    ``(7) First responder.--The term `first responder' 
        shall have the same meaning as the term `emergency response 
        provider'.</DELETED>
        <DELETED>    ``(8) Indian tribe.--The term `Indian tribe' means 
        any Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.</DELETED>
        <DELETED>    ``(9) Region.--The term `region' means--</DELETED>
                <DELETED>    ``(A) any geographic area consisting of 
                all or parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or</DELETED>
                <DELETED>    ``(B) any other combination of contiguous 
                local government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--</DELETED>
                        <DELETED>    ``(i) the State or States in which 
                        they are located, including a multi-State 
                        entity established by a compact between two or 
                        more States; and</DELETED>
                        <DELETED>    ``(ii) the incorporated 
                        municipalities, counties, and parishes that 
                        they encompass.</DELETED>
        <DELETED>    ``(10) Task force.--The term `Task Force' means 
        the Task Force on Essential Capabilities for First Responders 
        established under section 1804.</DELETED>

<DELETED>``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    ``(a) Covered Grants.--This title applies to grants 
provided by the Department to States, regions, or directly eligible 
tribes for the primary purpose of improving the ability of first 
responders to prevent, prepare for, respond to, or mitigate threatened 
or actual terrorist attacks, especially those involving weapons of mass 
destruction, administered under the following:</DELETED>
        <DELETED>    ``(1) State homeland security grant program.--The 
        State Homeland Security Grant Program of the Department, or any 
        successor to such grant program.</DELETED>
        <DELETED>    ``(2) Urban area security initiative.--The Urban 
        Area Security Initiative of the Department, or any successor to 
        such grant program.</DELETED>
        <DELETED>    ``(3) Law enforcement terrorism prevention 
        program.--The Law Enforcement Terrorism Prevention Program of 
        the Department, or any successor to such grant 
        program.</DELETED>
        <DELETED>    ``(4) Citizen corps program.--The Citizen Corps 
        Program of the Department, or any successor to such grant 
        program.</DELETED>
<DELETED>    ``(b) Excluded Programs.--This title does not apply to or 
otherwise affect the following Federal grant programs or any grant 
under such a program:</DELETED>
        <DELETED>    ``(1) Nondepartment programs.--Any Federal grant 
        program that is not administered by the Department.</DELETED>
        <DELETED>    ``(2) Fire grant programs.--The fire grant 
        programs authorized by sections 33 and 34 of the Federal Fire 
        Prevention and Control Act of 1974 (15 U.S.C. 2229, 
        2229a).</DELETED>
        <DELETED>    ``(3) Emergency management planning and assistance 
        account grants.--The Emergency Management Performance Grant 
        program and the Urban Search and Rescue Grants program 
        authorized by title VI of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.); 
        the Departments of Veterans Affairs and Housing and Urban 
        Development, and Independent Agencies Appropriations Act, 2000 
        (113 Stat. 1047 et seq.); and the Earthquake Hazards Reduction 
        Act of 1977 (42 U.S.C. 7701 et seq.).</DELETED>

<DELETED>``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    ``(a) Establishment of Essential Capabilities.--</DELETED>
        <DELETED>    ``(1) In general.--For purposes of covered grants, 
        the Secretary shall establish clearly defined essential 
        capabilities for State and local government preparedness for 
        terrorism, in consultation with--</DELETED>
                <DELETED>    ``(A) the Task Force on Essential 
                Capabilities for First Responders established under 
                section 1804;</DELETED>
                <DELETED>    ``(B) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office for Domestic 
                Preparedness;</DELETED>
                <DELETED>    ``(C) the Secretary of Health and Human 
                Services;</DELETED>
                <DELETED>    ``(D) other appropriate Federal 
                agencies;</DELETED>
                <DELETED>    ``(E) State and local first responder 
                agencies and officials; and</DELETED>
                <DELETED>    ``(F) consensus-based standard making 
                organizations responsible for setting standards 
                relevant to the first responder community.</DELETED>
        <DELETED>    ``(2) Deadlines.--The Secretary shall--</DELETED>
                <DELETED>    ``(A) establish essential capabilities 
                under paragraph (1) within 30 days after receipt of the 
                report under section 1804(b); and</DELETED>
                <DELETED>    ``(B) regularly update such essential 
                capabilities as necessary, but not less than every 3 
                years.</DELETED>
        <DELETED>    ``(3) Provision of essential capabilities.--The 
        Secretary shall ensure that a detailed description of the 
        essential capabilities established under paragraph (1) is 
        provided promptly to the States and to the Congress. The States 
        shall make the essential capabilities available as necessary 
        and appropriate to local governments within their 
        jurisdictions.</DELETED>
<DELETED>    ``(b) Objectives.--The Secretary shall ensure that 
essential capabilities established under subsection (a)(1) meet the 
following objectives:</DELETED>
        <DELETED>    ``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--</DELETED>
                <DELETED>    ``(A) the most current risk assessment 
                available by the Directorate for Information Analysis 
                and Infrastructure Protection of the threats of 
                terrorism against the United States;</DELETED>
                <DELETED>    ``(B) the types of threats, 
                vulnerabilities, geography, size, and other factors 
                that the Secretary has determined to be applicable to 
                each different type of community; and</DELETED>
                <DELETED>    ``(C) the principles of regional 
                coordination and mutual aid among State and local 
                governments.</DELETED>
        <DELETED>    ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time 
        period.</DELETED>
        <DELETED>    ``(3) Measurability.--The establishment of 
        essential capabilities shall be designed to enable measurement 
        of progress towards specific terrorism preparedness 
        goals.</DELETED>
        <DELETED>    ``(4) Comprehensiveness.--The determination of 
        essential capabilities for terrorism preparedness shall be made 
        within the context of a comprehensive State emergency 
        management system.</DELETED>
<DELETED>    ``(c) Factors To Be Considered.--</DELETED>
        <DELETED>    ``(1) In general.--In establishing essential 
        capabilities under subsection (a)(1), the Secretary 
        specifically shall consider the variables of threat, 
        vulnerability, and consequences with respect to the Nation's 
        population (including transient commuting and tourist 
        populations) and critical infrastructure. Such consideration 
        shall be based upon the most current risk assessment available 
        by the Directorate for Information Analysis and Infrastructure 
        Protection of the threats of terrorism against the United 
        States.</DELETED>
        <DELETED>    ``(2) Critical infrastructure sectors.--The 
        Secretary specifically shall consider threats of terrorism 
        against the following critical infrastructure sectors in all 
        areas of the Nation, urban and rural:</DELETED>
                <DELETED>    ``(A) Agriculture.</DELETED>
                <DELETED>    ``(B) Banking and finance.</DELETED>
                <DELETED>    ``(C) Chemical industries.</DELETED>
                <DELETED>    ``(D) The defense industrial 
                base.</DELETED>
                <DELETED>    ``(E) Emergency services.</DELETED>
                <DELETED>    ``(F) Energy.</DELETED>
                <DELETED>    ``(G) Food.</DELETED>
                <DELETED>    ``(H) Government.</DELETED>
                <DELETED>    ``(I) Postal and shipping.</DELETED>
                <DELETED>    ``(J) Public health.</DELETED>
                <DELETED>    ``(K) Information and telecommunications 
                networks.</DELETED>
                <DELETED>    ``(L) Transportation.</DELETED>
                <DELETED>    ``(M) Water.</DELETED>
        <DELETED>The order in which the critical infrastructure sectors 
        are listed in this paragraph shall not be construed as an order 
        of priority for consideration of the importance of such 
        sectors.</DELETED>
        <DELETED>    ``(3) Types of threat.--The Secretary specifically 
        shall consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the Nation, urban and 
        rural:</DELETED>
                <DELETED>    ``(A) Biological threats.</DELETED>
                <DELETED>    ``(B) Nuclear threats.</DELETED>
                <DELETED>    ``(C) Radiological threats.</DELETED>
                <DELETED>    ``(D) Incendiary threats.</DELETED>
                <DELETED>    ``(E) Chemical threats.</DELETED>
                <DELETED>    ``(F) Explosives.</DELETED>
                <DELETED>    ``(G) Suicide bombers.</DELETED>
                <DELETED>    ``(H) Cyber threats.</DELETED>
                <DELETED>    ``(I) Any other threats based on proximity 
                to specific past acts of terrorism or the known 
                activity of any terrorist group.</DELETED>
        <DELETED>The order in which the types of threat are listed in 
        this paragraph shall not be construed as an order of priority 
        for consideration of the importance of such threats.</DELETED>
        <DELETED>    ``(4) Consideration of additional factors.--In 
        establishing essential capabilities under subsection (a)(1), 
        the Secretary shall take into account any other specific threat 
        to a population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary has determined to exist.</DELETED>

<DELETED>``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST 
              RESPONDERS.</DELETED>

<DELETED>    ``(a) Establishment.--To assist the Secretary in 
establishing essential capabilities under section 1803(a)(1), the 
Secretary shall establish an advisory body pursuant to section 871(a) 
not later than 60 days after the date of the enactment of this section, 
which shall be known as the Task Force on Essential Capabilities for 
First Responders.</DELETED>
<DELETED>    ``(b) Report.--</DELETED>
        <DELETED>    ``(1) In general.--The Task Force shall submit to 
        the Secretary, not later than 9 months after its establishment 
        by the Secretary under subsection (a) and every 3 years 
        thereafter, a report on its recommendations for essential 
        capabilities for preparedness for terrorism.</DELETED>
        <DELETED>    ``(2) Contents.--The report shall--</DELETED>
                <DELETED>    ``(A) include a priority ranking of 
                essential capabilities in order to provide guidance to 
                the Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;</DELETED>
                <DELETED>    ``(B) set forth a methodology by which any 
                State or local government will be able to determine the 
                extent to which it possesses or has access to the 
                essential capabilities that States and local 
                governments having similar risks should 
                obtain;</DELETED>
                <DELETED>    ``(C) describe the availability of 
                national voluntary consensus standards, and whether 
                there is a need for new national voluntary consensus 
                standards, with respect to first responder training and 
                equipment;</DELETED>
                <DELETED>    ``(D) include such additional matters as 
                the Secretary may specify in order to further the 
                terrorism preparedness capabilities of first 
                responders; and</DELETED>
                <DELETED>    ``(E) include such revisions to the 
                contents of past reports as are necessary to take into 
                account changes in the most current risk assessment 
                available by the Directorate for Information Analysis 
                and Infrastructure Protection or other relevant 
                information as determined by the Secretary.</DELETED>
        <DELETED>    ``(3) Consistency with federal working group.--The 
        Task Force shall ensure that its recommendations for essential 
        capabilities are, to the extent feasible, consistent with any 
        preparedness goals or recommendations of the Federal working 
        group established under section 319F(a) of the Public Health 
        Service Act (42 U.S.C. 247d-6(a)).</DELETED>
        <DELETED>    ``(4) Comprehensiveness.--The Task Force shall 
        ensure that its recommendations regarding essential 
        capabilities for terrorism preparedness are made within the 
        context of a comprehensive State emergency management 
        system.</DELETED>
        <DELETED>    ``(5) Prior measures.--The Task Force shall ensure 
        that its recommendations regarding essential capabilities for 
        terrorism preparedness take into account any capabilities that 
        State or local officials have determined to be essential and 
        have undertaken since September 11, 2001, to prevent or prepare 
        for terrorist attacks.</DELETED>
<DELETED>    ``(c) Membership.--</DELETED>
        <DELETED>    ``(1) In general.--The Task Force shall consist of 
        25 members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic and substantive cross 
        section of governmental and nongovernmental first responder 
        disciplines from the State and local levels, including as 
        appropriate--</DELETED>
                <DELETED>    ``(A) members selected from the emergency 
                response field, including fire service and law 
                enforcement, hazardous materials response, emergency 
                medical services, and emergency management personnel 
                (including public works personnel routinely engaged in 
                emergency response);</DELETED>
                <DELETED>    ``(B) health scientists, emergency and 
                inpatient medical providers, and public health 
                professionals, including experts in emergency health 
                care response to chemical, biological, radiological, 
                and nuclear terrorism, and experts in providing mental 
                health care during emergency response 
                operations;</DELETED>
                <DELETED>    ``(C) experts from Federal, State, and 
                local governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in first responder disciplines; 
                and</DELETED>
                <DELETED>    ``(D) State and local officials with 
                expertise in terrorism preparedness, subject to the 
                condition that if any such official is an elected 
                official representing one of the two major political 
                parties, an equal number of elected officials shall be 
                selected from each such party.</DELETED>
        <DELETED>    ``(2) Coordination with the department of health 
        and health services.--In the selection of members of the Task 
        Force who are health professionals, including emergency medical 
        professionals, the Secretary shall coordinate the selection 
        with the Secretary of Health and Human Services.</DELETED>
        <DELETED>    ``(3) Ex officio members.--The Secretary and the 
        Secretary of Health and Human Services shall each designate one 
        or more officers of their respective Departments to serve as ex 
        officio members of the Task Force. One of the ex officio 
        members from the Department of Homeland Security shall be the 
        designated officer of the Federal Government for purposes of 
        subsection (e) of section 10 of the Federal Advisory Committee 
        Act (5 App. U.S.C.).</DELETED>
<DELETED>    ``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of 
such Act, and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force.</DELETED>

<DELETED>``SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.</DELETED>

<DELETED>    ``(a) Grant Eligibility.--Any State, region, or directly 
eligible tribe shall be eligible to apply for a covered 
grant.</DELETED>
<DELETED>    ``(b) Grant Criteria.--In awarding covered grants, the 
Secretary shall assist States and local governments in achieving, 
maintaining, and enhancing the essential capabilities for first 
responders established by the Secretary under section 1803.</DELETED>
<DELETED>    ``(c) State Homeland Security Plans.--</DELETED>
        <DELETED>    ``(1) Submission of plans.--The Secretary shall 
        require that any State applying to the Secretary for a covered 
        grant must submit to the Secretary a 3-year State homeland 
        security plan that--</DELETED>
                <DELETED>    ``(A) demonstrates the extent to which the 
                State has achieved the essential capabilities that 
                apply to the State;</DELETED>
                <DELETED>    ``(B) demonstrates the needs of the State 
                necessary to achieve, maintain, or enhance the 
                essential capabilities that apply to the 
                State;</DELETED>
                <DELETED>    ``(C) includes a prioritization of such 
                needs based on threat, vulnerability, and consequence 
                assessment factors applicable to the State;</DELETED>
                <DELETED>    ``(D) describes how the State intends--
                </DELETED>
                        <DELETED>    ``(i) to address such needs at the 
                        city, county, regional, tribal, State, and 
                        interstate level, including a precise 
                        description of any regional structure the State 
                        has established for the purpose of organizing 
                        homeland security preparedness activities 
                        funded by covered grants;</DELETED>
                        <DELETED>    ``(ii) to use all Federal, State, 
                        and local resources available for the purpose 
                        of addressing such needs; and</DELETED>
                        <DELETED>    ``(iii) to give particular 
                        emphasis to regional planning and cooperation, 
                        including the activities of multijurisdictional 
                        planning agencies governed by local officials, 
                        both within its jurisdictional borders and with 
                        neighboring States;</DELETED>
                <DELETED>    ``(E) is developed in consultation with 
                and subject to appropriate comment by local governments 
                within the State; and</DELETED>
                <DELETED>    ``(F) with respect to the emergency 
                preparedness of first responders, addresses the unique 
                aspects of terrorism as part of a comprehensive State 
                emergency management plan.</DELETED>
        <DELETED>    ``(2) Approval by secretary.--The Secretary may 
        not award any covered grant to a State unless the Secretary has 
        approved the applicable State homeland security plan.</DELETED>
<DELETED>    ``(d) Consistency With State Plans.--The Secretary shall 
ensure that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.</DELETED>
<DELETED>    ``(e) Application for Grant.--</DELETED>
        <DELETED>    ``(1) In general.--Except as otherwise provided in 
        this subsection, any State, region, or directly eligible tribe 
        may apply for a covered grant by submitting to the Secretary an 
        application at such time, in such manner, and containing such 
        information as is required under this subsection, or as the 
        Secretary may reasonably require.</DELETED>
        <DELETED>    ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.</DELETED>
        <DELETED>    ``(3) Availability of funds.--All funds awarded by 
        the Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.</DELETED>
        <DELETED>    ``(4) Minimum contents of application.--The 
        Secretary shall require that each applicant include in its 
        application, at a minimum--</DELETED>
                <DELETED>    ``(A) the purpose for which the applicant 
                seeks covered grant funds and the reasons why the 
                applicant needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe to which the 
                application pertains;</DELETED>
                <DELETED>    ``(B) a description of how, by reference 
                to the applicable State homeland security plan or plans 
                under subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1806(g)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;</DELETED>
                <DELETED>    ``(C) a statement of whether a mutual aid 
                agreement applies to the use of all or any portion of 
                the covered grant funds;</DELETED>
                <DELETED>    ``(D) if the applicant is a State, a 
                description of how the State plans to allocate the 
                covered grant funds to regions, local governments, and 
                Indian tribes;</DELETED>
                <DELETED>    ``(E) if the applicant is a region--
                </DELETED>
                        <DELETED>    ``(i) a precise geographical 
                        description of the region and a specification 
                        of all participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;</DELETED>
                        <DELETED>    ``(ii) a specification of what 
                        governmental entity within the region will 
                        administer the expenditure of funds under the 
                        covered grant; and</DELETED>
                        <DELETED>    ``(iii) a designation of a 
                        specific individual to serve as regional 
                        liaison;</DELETED>
                <DELETED>    ``(F) a capital budget showing how the 
                applicant intends to allocate and expend the covered 
                grant funds;</DELETED>
                <DELETED>    ``(G) if the applicant is a directly 
                eligible tribe, a designation of a specific individual 
                to serve as the tribal liaison; and</DELETED>
                <DELETED>    ``(H) a statement of how the applicant 
                intends to meet the matching requirement, if any, that 
                applies under section 1806(g)(2).</DELETED>
        <DELETED>    ``(5) Regional applications.--</DELETED>
                <DELETED>    ``(A) Relationship to state 
                applications.--A regional application--</DELETED>
                        <DELETED>    ``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;</DELETED>
                        <DELETED>    ``(ii) shall supplement and avoid 
                        duplication with such State application; 
                        and</DELETED>
                        <DELETED>    ``(iii) shall address the unique 
                        regional aspects of such region's terrorism 
                        preparedness needs beyond those provided for in 
                        the application of such State or 
                        States.</DELETED>
                <DELETED>    ``(B) State review and submission.--To 
                ensure the consistency required under subsection (d) 
                and the coordination required under subparagraph (A) of 
                this paragraph, an applicant that is a region must 
                submit its application to each State of which any part 
                is included in the region for review and concurrence 
                prior to the submission of such application to the 
                Secretary. The regional application shall be 
                transmitted to the Secretary through each such State 
                within 30 days of its receipt, unless the Governor of 
                such a State notifies the Secretary, in writing, that 
                such regional application is inconsistent with the 
                State's homeland security plan and provides an 
                explanation of the reasons therefor.</DELETED>
                <DELETED>    ``(C) Distribution of regional awards.--If 
                the Secretary approves a regional application, then the 
                Secretary shall distribute a regional award to the 
                State or States submitting the applicable regional 
                application under subparagraph (B), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through to the region all covered grant funds or 
                resources purchased with such funds, except those funds 
                necessary for the State to carry out its 
                responsibilities with respect to such regional 
                application; Provided That, in no such case shall the 
                State or States pass through to the region less than 80 
                percent of the regional award.</DELETED>
                <DELETED>    ``(D) Certifications regarding 
                distribution of grant funds to regions.--Any State that 
                receives a regional award under subparagraph (C) shall 
                certify to the Secretary, by not later than 30 days 
                after the expiration of the period described in 
                subparagraph (C) with respect to the grant, that the 
                State has made available to the region the required 
                funds and resources in accordance with subparagraph 
                (C).</DELETED>
                <DELETED>    ``(E) Direct payments to regions.--If any 
                State fails to pass through a regional award to a 
                region as required by subparagraph (C) within 45 days 
                after receiving such award and does not request or 
                receive an extension of such period under section 
                1806(h)(2), the region may petition the Secretary to 
                receive directly the portion of the regional award that 
                is required to be passed through to such region under 
                subparagraph (C).</DELETED>
                <DELETED>    ``(F) Regional liaisons.--A regional 
                liaison designated under paragraph (4)(E)(iii) shall--
                </DELETED>
                        <DELETED>    ``(i) coordinate with Federal, 
                        State, local, regional, and private officials 
                        within the region concerning terrorism 
                        preparedness;</DELETED>
                        <DELETED>    ``(ii) develop a process for 
                        receiving input from Federal, State, local, 
                        regional, and private sector officials within 
                        the region to assist in the development of the 
                        regional application and to improve the 
                        region's access to covered grants; 
                        and</DELETED>
                        <DELETED>    ``(iii) administer, in 
                        consultation with State, local, regional, and 
                        private officials within the region, covered 
                        grants awarded to the region.</DELETED>
        <DELETED>    ``(6) Tribal applications.--</DELETED>
                <DELETED>    ``(A) Submission to the state or states.--
                To ensure the consistency required under subsection 
                (d), an applicant that is a directly eligible tribe 
                must submit its application to each State within the 
                boundaries of which any part of such tribe is located 
                for direct submission to the Department along with the 
                application of such State or States.</DELETED>
                <DELETED>    ``(B) Opportunity for state comment.--
                Before awarding any covered grant to a directly 
                eligible tribe, the Secretary shall provide an 
                opportunity to each State within the boundaries of 
                which any part of such tribe is located to comment to 
                the Secretary on the consistency of the tribe's 
                application with the State's homeland security plan. 
                Any such comments shall be submitted to the Secretary 
                concurrently with the submission of the State and 
                tribal applications.</DELETED>
                <DELETED>    ``(C) Final authority.--The Secretary 
                shall have final authority to determine the consistency 
                of any application of a directly eligible tribe with 
                the applicable State homeland security plan or plans, 
                and to approve any application of such tribe. The 
                Secretary shall notify each State within the boundaries 
                of which any part of such tribe is located of the 
                approval of an application by such tribe.</DELETED>
                <DELETED>    ``(D) Tribal liaison.--A tribal liaison 
                designated under paragraph (4)(G) shall--</DELETED>
                        <DELETED>    ``(i) coordinate with Federal, 
                        State, local, regional, and private officials 
                        concerning terrorism preparedness;</DELETED>
                        <DELETED>    ``(ii) develop a process for 
                        receiving input from Federal, State, local, 
                        regional, and private sector officials to 
                        assist in the development of the application of 
                        such tribe and to improve the tribe's access to 
                        covered grants; and</DELETED>
                        <DELETED>    ``(iii) administer, in 
                        consultation with State, local, regional, and 
                        private officials, covered grants awarded to 
                        such tribe.</DELETED>
                <DELETED>    ``(E) Limitation on the number of direct 
                grants.--The Secretary may make covered grants directly 
                to not more than 20 directly eligible tribes per fiscal 
                year.</DELETED>
                <DELETED>    ``(F) Tribes not receiving direct 
                grants.--An Indian tribe that does not receive a grant 
                directly under this section is eligible to receive 
                funds under a covered grant from the State or States 
                within the boundaries of which any part of such tribe 
                is located, consistent with the homeland security plan 
                of the State as described in subsection (c). If a State 
                fails to comply with section 1806(g)(1), the tribe may 
                request payment under section 1806(h)(3) in the same 
                manner as a local government.</DELETED>
        <DELETED>    ``(7) Equipment standards.--If an applicant for a 
        covered grant proposes to upgrade or purchase, with assistance 
        provided under the grant, new equipment or systems that do not 
        meet or exceed any applicable national voluntary consensus 
        standards established by the Secretary under section 1807(a), 
        the applicant shall include in the application an explanation 
        of why such equipment or systems will serve the needs of the 
        applicant better than equipment or systems that meet or exceed 
        such standards.</DELETED>
<DELETED>    ``(f) First Responder Grants Board.--</DELETED>
        <DELETED>    ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
        </DELETED>
                <DELETED>    ``(A) the Secretary;</DELETED>
                <DELETED>    ``(B) the Under Secretary for Emergency 
                Preparedness and Response;</DELETED>
                <DELETED>    ``(C) the Under Secretary for Border and 
                Transportation Security;</DELETED>
                <DELETED>    ``(D) the Under Secretary for Information 
                Analysis and Infrastructure Protection;</DELETED>
                <DELETED>    ``(E) the Under Secretary for Science and 
                Technology; and</DELETED>
                <DELETED>    ``(F) the Director of the Office for 
                Domestic Preparedness.</DELETED>
        <DELETED>    ``(2) Chairman.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall be 
                the Chairman of the Board.</DELETED>
                <DELETED>    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.</DELETED>
        <DELETED>    ``(3) Ranking of grant applications.--</DELETED>
                <DELETED>    ``(A) Prioritization of grants.--The 
                Board--</DELETED>
                        <DELETED>    ``(i) shall evaluate and annually 
                        prioritize all pending applications for covered 
                        grants based upon the degree to which they 
                        would, by achieving, maintaining, or enhancing 
                        the essential capabilities of the applicants on 
                        a nationwide basis, lessen the threat to, 
                        vulnerability of, and consequences for persons 
                        and critical infrastructure; and</DELETED>
                        <DELETED>    ``(ii) in evaluating the threat to 
                        persons and critical infrastructure for 
                        purposes of prioritizing covered grants, shall 
                        give greater weight to threats of terrorism 
                        based on their specificity and credibility, 
                        including any pattern of repetition.</DELETED>
                <DELETED>    ``(B) Minimum amounts.--After evaluating 
                and prioritizing grant applications under subparagraph 
                (A), the Board shall ensure that, for each fiscal 
                year--</DELETED>
                        <DELETED>    ``(i) each of the States, other 
                        than the Virgin Islands, American Samoa, Guam, 
                        and the Northern Mariana Islands, that has an 
                        approved State homeland security plan receives 
                        no less than 0.25 percent of the funds 
                        available for covered grants for that fiscal 
                        year for purposes of implementing its homeland 
                        security plan in accordance with the 
                        prioritization of needs under subsection 
                        (c)(1)(C);</DELETED>
                        <DELETED>    ``(ii) each of the States, other 
                        than the Virgin Islands, American Samoa, Guam, 
                        and the Northern Mariana Islands, that has an 
                        approved State homeland security plan and that 
                        meets one or both of the additional high-risk 
                        qualifying criteria under subparagraph (C) 
                        receives no less than 0.45 percent of the funds 
                        available for covered grants for that fiscal 
                        year for purposes of implementing its homeland 
                        security plan in accordance with the 
                        prioritization of needs under subsection 
                        (c)(1)(C);</DELETED>
                        <DELETED>    ``(iii) the Virgin Islands, 
                        American Samoa, Guam, and the Northern Mariana 
                        Islands each receives no less than 0.08 percent 
                        of the funds available for covered grants for 
                        that fiscal year for purposes of implementing 
                        its approved State homeland security plan in 
                        accordance with the prioritization of needs 
                        under subsection (c)(1)(C); and</DELETED>
                        <DELETED>    ``(iv) directly eligible tribes 
                        collectively receive no less than 0.08 percent 
                        of the funds available for covered grants for 
                        such fiscal year for purposes of addressing the 
                        needs identified in the applications of such 
                        tribes, consistent with the homeland security 
                        plan of each State within the boundaries of 
                        which any part of any such tribe is located, 
                        except that this clause shall not apply with 
                        respect to funds available for a fiscal year if 
                        the Secretary receives less than 5 applications 
                        for such fiscal year from such tribes under 
                        subsection (e)(6)(A) or does not approve at 
                        least one such application.</DELETED>
                <DELETED>    ``(C) Additional high-risk qualifying 
                criteria.--For purposes of subparagraph (B)(ii), 
                additional high-risk qualifying criteria consist of--
                </DELETED>
                        <DELETED>    ``(i) having a significant 
                        international land border; or</DELETED>
                        <DELETED>    ``(ii) adjoining a body of water 
                        within North America through which an 
                        international boundary line extends.</DELETED>
        <DELETED>    ``(4) Effect of regional awards on state 
        minimum.--Any regional award, or portion thereof, provided to a 
        State under subsection (e)(5)(C) shall not be considered in 
        calculating the minimum State award under paragraph (3)(B) of 
        this subsection.</DELETED>
        <DELETED>    ``(5) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the 
        Board.</DELETED>

<DELETED>``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY 
              REQUIREMENTS.</DELETED>

<DELETED>    ``(a) In General.--A covered grant may be used for--
</DELETED>
        <DELETED>    ``(1) purchasing or upgrading equipment, including 
        computer software, to enhance terrorism preparedness and 
        response;</DELETED>
        <DELETED>    ``(2) exercises to strengthen terrorism 
        preparedness and response;</DELETED>
        <DELETED>    ``(3) training for prevention (including 
        detection) of, preparedness for, or response to attacks 
        involving weapons of mass destruction, including training in 
        the use of equipment and computer software;</DELETED>
        <DELETED>    ``(4) developing or updating response 
        plans;</DELETED>
        <DELETED>    ``(5) establishing or enhancing mechanisms for 
        sharing terrorism threat information;</DELETED>
        <DELETED>    ``(6) systems architecture and engineering, 
        program planning and management, strategy formulation and 
        strategic planning, life-cycle systems design, product and 
        technology evaluation, and prototype development for terrorism 
        preparedness and response purposes;</DELETED>
        <DELETED>    ``(7) additional personnel costs resulting from--
        </DELETED>
                <DELETED>    ``(A) elevations in the threat alert level 
                of the Homeland Security Advisory System by the 
                Secretary, or a similar elevation in threat alert level 
                issued by a State, region, or local government with the 
                approval of the Secretary;</DELETED>
                <DELETED>    ``(B) travel to and participation in 
                exercises and training in the use of equipment and on 
                prevention activities; and</DELETED>
                <DELETED>    ``(C) the temporary replacement of 
                personnel during any period of travel to and 
                participation in exercises and training in the use of 
                equipment and on prevention activities;</DELETED>
        <DELETED>    ``(8) the costs of equipment (including software) 
        required to receive, transmit, handle, and store classified 
        information;</DELETED>
        <DELETED>    ``(9) protecting critical infrastructure against 
        potential attack by the addition of barriers, fences, gates, 
        and other such devices, except that the cost of such measures 
        may not exceed the greater of--</DELETED>
                <DELETED>    ``(A) $1,000,000 per project; or</DELETED>
                <DELETED>    ``(B) such greater amount as may be 
                approved by the Secretary, which may not exceed 10 
                percent of the total amount of the covered 
                grant;</DELETED>
        <DELETED>    ``(10) the costs of commercially available 
        interoperable communications equipment (which, where 
        applicable, is based on national, voluntary consensus 
        standards) that the Secretary, in consultation with the 
        Chairman of the Federal Communications Commission, deems best 
        suited to facilitate interoperability, coordination, and 
        integration between and among emergency communications systems, 
        and that complies with prevailing grant guidance of the 
        Department for interoperable communications;</DELETED>
        <DELETED>    ``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;</DELETED>
        <DELETED>    ``(12) training and exercises to assist public 
        elementary and secondary schools in developing and implementing 
        programs to instruct students regarding age-appropriate skills 
        to prepare for and respond to an act of terrorism;</DELETED>
        <DELETED>    ``(13) paying of administrative expenses directly 
        related to administration of the grant, except that such 
        expenses may not exceed 3 percent of the amount of the grant; 
        and</DELETED>
        <DELETED>    ``(14) other appropriate activities as determined 
        by the Secretary.</DELETED>
<DELETED>    ``(b) Prohibited Uses.--Funds provided as a covered grant 
may not be used--</DELETED>
        <DELETED>    ``(1) to supplant State or local funds;</DELETED>
        <DELETED>    ``(2) to construct buildings or other physical 
        facilities;</DELETED>
        <DELETED>    ``(3) to acquire land; or</DELETED>
        <DELETED>    ``(4) for any State or local government cost 
        sharing contribution.</DELETED>
<DELETED>    ``(c) Multiple-Purpose Funds.--Nothing in this section 
shall be construed to preclude State and local governments from using 
covered grant funds in a manner that also enhances first responder 
preparedness for emergencies and disasters unrelated to acts of 
terrorism, if such use assists such governments in achieving essential 
capabilities for terrorism preparedness established by the Secretary 
under section 1803.</DELETED>
<DELETED>    ``(d) Reimbursement of Costs.--In addition to the 
activities described in subsection (a), a covered grant may be used to 
provide a reasonable stipend to paid-on-call or volunteer first 
responders who are not otherwise compensated for travel to or 
participation in training covered by this section. Any such 
reimbursement shall not be considered compensation for purposes of 
rendering such a first responder an employee under the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.).</DELETED>
<DELETED>    ``(e) Assistance Requirement.--The Secretary may not 
request that equipment paid for, wholly or in part, with funds provided 
as a covered grant be made available for responding to emergencies in 
surrounding States, regions, and localities, unless the Secretary 
undertakes to pay the costs directly attributable to transporting and 
operating such equipment during such response.</DELETED>
<DELETED>    ``(f) Flexibility in Unspent Homeland Security Grant 
Funds.--Upon request by the recipient of a covered grant, the Secretary 
may authorize the grantee to transfer all or part of funds provided as 
the covered grant from uses specified in the grant agreement to other 
uses authorized under this section, if the Secretary determines that 
such transfer is in the interests of homeland security.</DELETED>
<DELETED>    ``(g) State, Regional, and Tribal Responsibilities.--
</DELETED>
        <DELETED>    ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.</DELETED>
        <DELETED>    ``(2) Cost sharing.--</DELETED>
                <DELETED>    ``(A) In general.--The Federal share of 
                the costs of an activity carried out with a covered 
                grant to a State, region, or directly eligible tribe 
                awarded after the 2-year period beginning on the date 
                of the enactment of this section shall not exceed 75 
                percent.</DELETED>
                <DELETED>    ``(B) Interim rule.--The Federal share of 
                the costs of an activity carried out with a covered 
                grant awarded before the end of the 2-year period 
                beginning on the date of the enactment of this section 
                shall be 100 percent.</DELETED>
                <DELETED>    ``(C) In-kind matching.--Each recipient of 
                a covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.</DELETED>
        <DELETED>    ``(3) Certifications regarding distribution of 
        grant funds to local governments.--Any State that receives a 
        covered grant shall certify to the Secretary, by not later than 
        30 days after the expiration of the period described in 
        paragraph (1) with respect to the grant, that the State has 
        made available for expenditure by local governments, first 
        responders, and other local groups the required amount of grant 
        funds pursuant to paragraph (1).</DELETED>
        <DELETED>    ``(4) Quarterly report on homeland security 
        spending.--The Federal share described in paragraph (2)(A) may 
        be increased by up to 2 percent for any State, region, or 
        directly eligible tribe that, not later than 30 days after the 
        end of each fiscal quarter, submits to the Secretary a report 
        on that fiscal quarter. Each such report must include, for each 
        recipient of a covered grant or a pass-through under paragraph 
        (1)--</DELETED>
                <DELETED>    ``(A) the amount obligated to that 
                recipient in that quarter;</DELETED>
                <DELETED>    ``(B) the amount expended by that 
                recipient in that quarter; and</DELETED>
                <DELETED>    ``(C) a summary description of the items 
                purchased by such recipient with such amount.</DELETED>
        <DELETED>    ``(5) Annual report on homeland security 
        spending.--Each recipient of a covered grant shall submit an 
        annual report to the Secretary not later than 60 days after the 
        end of each fiscal year. Each recipient of a covered grant that 
        is a region must simultaneously submit its report to each State 
        of which any part is included in the region. Each recipient of 
        a covered grant that is a directly eligible tribe must 
        simultaneously submit its report to each State within the 
        boundaries of which any part of such tribe is located. Each 
        report must include the following:</DELETED>
                <DELETED>    ``(A) The amount, ultimate recipients, and 
                dates of receipt of all funds received under the grant 
                during the previous fiscal year.</DELETED>
                <DELETED>    ``(B) The amount and the dates of 
                disbursements of all such funds expended in compliance 
                with paragraph (1) or pursuant to mutual aid agreements 
                or other sharing arrangements that apply within the 
                State, region, or directly eligible tribe, as 
                applicable, during the previous fiscal year.</DELETED>
                <DELETED>    ``(C) How the funds were utilized by each 
                ultimate recipient or beneficiary during the preceding 
                fiscal year.</DELETED>
                <DELETED>    ``(D) The extent to which essential 
                capabilities identified in the applicable State 
                homeland security plan or plans were achieved, 
                maintained, or enhanced as the result of the 
                expenditure of grant funds during the preceding fiscal 
                year.</DELETED>
                <DELETED>    ``(E) The extent to which essential 
                capabilities identified in the applicable State 
                homeland security plan or plans remain unmet.</DELETED>
        <DELETED>    ``(6) Inclusion of restricted annexes.--A 
        recipient of a covered grant may submit to the Secretary an 
        annex to the annual report under paragraph (5) that is subject 
        to appropriate handling restrictions, if the recipient believes 
        that discussion in the report of unmet needs would reveal 
        sensitive but unclassified information.</DELETED>
        <DELETED>    ``(7) Provision of reports.--The Secretary shall 
        ensure that each annual report under paragraph (5) is provided 
        to the Under Secretary for Emergency Preparedness and Response 
        and the Director of the Office for Domestic 
        Preparedness.</DELETED>
<DELETED>    ``(h) Incentives to Efficient Administration of Homeland 
Security Grants.--</DELETED>
        <DELETED>    ``(1) Penalties for delay in passing through local 
        share.--If a recipient of a covered grant that is a State fails 
        to pass through to local governments, first responders, and 
        other local groups funds or resources required by subsection 
        (g)(1) within 45 days after receiving funds under the grant, 
        the Secretary may--</DELETED>
                <DELETED>    ``(A) reduce grant payments to the grant 
                recipient from the portion of grant funds that is not 
                required to be passed through under subsection 
                (g)(1);</DELETED>
                <DELETED>    ``(B) terminate payment of funds under the 
                grant to the recipient, and transfer the appropriate 
                portion of those funds directly to local first 
                responders that were intended to receive funding under 
                that grant; or</DELETED>
                <DELETED>    ``(C) impose additional restrictions or 
                burdens on the recipient's use of funds under the 
                grant, which may include--</DELETED>
                        <DELETED>    ``(i) prohibiting use of such 
                        funds to pay the grant recipient's grant-
                        related overtime or other expenses;</DELETED>
                        <DELETED>    ``(ii) requiring the grant 
                        recipient to distribute to local government 
                        beneficiaries all or a portion of grant funds 
                        that are not required to be passed through 
                        under subsection (g)(1); or</DELETED>
                        <DELETED>    ``(iii) for each day that the 
                        grant recipient fails to pass through funds or 
                        resources in accordance with subsection (g)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (g)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.</DELETED>
        <DELETED>    ``(2) Extension of period.--The Governor of a 
        State may request in writing that the Secretary extend the 45-
        day period under section 1805(e)(5)(E) or paragraph (1) for an 
        additional 15-day period. The Secretary may approve such a 
        request, and may extend such period for additional 15-day 
        periods, if the Secretary determines that the resulting delay 
        in providing grant funding to the local government entities 
        that will receive funding under the grant will not have a 
        significant detrimental impact on such entities' terrorism 
        preparedness efforts.</DELETED>
        <DELETED>    ``(3) Provision of non-local share to local 
        government.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may upon 
                request by a local government pay to the local 
                government a portion of the amount of a covered grant 
                awarded to a State in which the local government is 
                located, if--</DELETED>
                        <DELETED>    ``(i) the local government will 
                        use the amount paid to expedite planned 
                        enhancements to its terrorism preparedness as 
                        described in any applicable State homeland 
                        security plan or plans;</DELETED>
                        <DELETED>    ``(ii) the State has failed to 
                        pass through funds or resources in accordance 
                        with subsection (g)(1); and</DELETED>
                        <DELETED>    ``(iii) the local government 
                        complies with subparagraphs (B) and 
                        (C).</DELETED>
                <DELETED>    ``(B) Showing required.--To receive a 
                payment under this paragraph, a local government must 
                demonstrate that--</DELETED>
                        <DELETED>    ``(i) it is identified explicitly 
                        as an ultimate recipient or intended 
                        beneficiary in the approved grant 
                        application;</DELETED>
                        <DELETED>    ``(ii) it was intended by the 
                        grantee to receive a severable portion of the 
                        overall grant for a specific purpose that is 
                        identified in the grant application;</DELETED>
                        <DELETED>    ``(iii) it petitioned the grantee 
                        for the funds or resources after expiration of 
                        the period within which the funds or resources 
                        were required to be passed through under 
                        subsection (g)(1); and</DELETED>
                        <DELETED>    ``(iv) it did not receive the 
                        portion of the overall grant that was earmarked 
                        or designated for its use or benefit.</DELETED>
                <DELETED>    ``(C) Effect of payment.--Payment of grant 
                funds to a local government under this paragraph--
                </DELETED>
                        <DELETED>    ``(i) shall not affect any payment 
                        to another local government under this 
                        paragraph; and</DELETED>
                        <DELETED>    ``(ii) shall not prejudice 
                        consideration of a request for payment under 
                        this paragraph that is submitted by another 
                        local government.</DELETED>
                <DELETED>    ``(D) Deadline for action by secretary.--
                The Secretary shall approve or disapprove each request 
                for payment under this paragraph by not later than 15 
                days after the date the request is received by the 
                Department.</DELETED>
<DELETED>    ``(i) Reports to Congress.--The Secretary shall submit an 
annual report to the Congress by December 31 of each year--</DELETED>
        <DELETED>    ``(1) describing in detail the amount of Federal 
        funds provided as covered grants that were directed to each 
        State, region, and directly eligible tribe in the preceding 
        fiscal year;</DELETED>
        <DELETED>    ``(2) containing information on the use of such 
        grant funds by grantees; and</DELETED>
        <DELETED>    ``(3) describing--</DELETED>
                <DELETED>    ``(A) the Nation's progress in achieving, 
                maintaining, and enhancing the essential capabilities 
                established under section 1803(a) as a result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and</DELETED>
                <DELETED>    ``(B) an estimate of the amount of 
                expenditures required to attain across the United 
                States the essential capabilities established under 
                section 1803(a).</DELETED>

<DELETED>``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
              AND TRAINING.</DELETED>

<DELETED>    ``(a) Equipment Standards.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in consultation 
        with the Under Secretaries for Emergency Preparedness and 
        Response and Science and Technology and the Director of the 
        Office for Domestic Preparedness, shall, not later than 6 
        months after the date of enactment of this section, support the 
        development of, promulgate, and update as necessary national 
        voluntary consensus standards for the performance, use, and 
        validation of first responder equipment for purposes of section 
        1805(e)(7). Such standards--</DELETED>
                <DELETED>    ``(A) shall be, to the maximum extent 
                practicable, consistent with any existing voluntary 
                consensus standards;</DELETED>
                <DELETED>    ``(B) shall take into account, as 
                appropriate, new types of terrorism threats that may 
                not have been contemplated when such existing standards 
                were developed;</DELETED>
                <DELETED>    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and</DELETED>
                <DELETED>    ``(D) shall cover all appropriate uses of 
                the equipment.</DELETED>
        <DELETED>    ``(2) Required categories.--In carrying out 
        paragraph (1), the Secretary shall specifically consider the 
        following categories of first responder equipment:</DELETED>
                <DELETED>    ``(A) Thermal imaging equipment.</DELETED>
                <DELETED>    ``(B) Radiation detection and analysis 
                equipment.</DELETED>
                <DELETED>    ``(C) Biological detection and analysis 
                equipment.</DELETED>
                <DELETED>    ``(D) Chemical detection and analysis 
                equipment.</DELETED>
                <DELETED>    ``(E) Decontamination and sterilization 
                equipment.</DELETED>
                <DELETED>    ``(F) Personal protective equipment, 
                including garments, boots, gloves, and hoods and other 
                protective clothing.</DELETED>
                <DELETED>    ``(G) Respiratory protection 
                equipment.</DELETED>
                <DELETED>    ``(H) Interoperable communications, 
                including wireless and wireline voice, video, and data 
                networks.</DELETED>
                <DELETED>    ``(I) Explosive mitigation devices and 
                explosive detection and analysis equipment.</DELETED>
                <DELETED>    ``(J) Containment vessels.</DELETED>
                <DELETED>    ``(K) Contaminant-resistant 
                vehicles.</DELETED>
                <DELETED>    ``(L) Such other equipment for which the 
                Secretary determines that national voluntary consensus 
                standards would be appropriate.</DELETED>
<DELETED>    ``(b) Training Standards.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in consultation 
        with the Under Secretaries for Emergency Preparedness and 
        Response and Science and Technology and the Director of the 
        Office for Domestic Preparedness, shall support the development 
        of, promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--</DELETED>
                <DELETED>    ``(A) enable first responders to prevent, 
                prepare for, respond to, and mitigate terrorist 
                threats, including threats from chemical, biological, 
                nuclear, and radiological weapons and explosive devices 
                capable of inflicting significant human casualties; 
                and</DELETED>
                <DELETED>    ``(B) familiarize first responders with 
                the proper use of equipment, including software, 
                developed pursuant to the standards established under 
                subsection (a).</DELETED>
        <DELETED>    ``(2) Required categories.--In carrying out 
        paragraph (1), the Secretary specifically shall include the 
        following categories of first responder activities:</DELETED>
                <DELETED>    ``(A) Regional planning.</DELETED>
                <DELETED>    ``(B) Joint exercises.</DELETED>
                <DELETED>    ``(C) Intelligence collection, analysis, 
                and sharing.</DELETED>
                <DELETED>    ``(D) Emergency notification of affected 
                populations.</DELETED>
                <DELETED>    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass 
                destruction.</DELETED>
                <DELETED>    ``(F) Such other activities for which the 
                Secretary determines that national voluntary consensus 
                training standards would be appropriate.</DELETED>
        <DELETED>    ``(3) Consistency.--In carrying out this 
        subsection, the Secretary shall ensure that such training 
        standards are consistent with the principles of emergency 
        preparedness for all hazards.</DELETED>
<DELETED>    ``(c) Consultation With Standards Organizations.--In 
establishing national voluntary consensus standards for first responder 
equipment and training under this section, the Secretary shall consult 
with relevant public and private sector groups, including--</DELETED>
        <DELETED>    ``(1) the National Institute of Standards and 
        Technology;</DELETED>
        <DELETED>    ``(2) the National Fire Protection 
        Association;</DELETED>
        <DELETED>    ``(3) the National Association of County and City 
        Health Officials;</DELETED>
        <DELETED>    ``(4) the Association of State and Territorial 
        Health Officials;</DELETED>
        <DELETED>    ``(5) the American National Standards 
        Institute;</DELETED>
        <DELETED>    ``(6) the National Institute of Justice;</DELETED>
        <DELETED>    ``(7) the Inter-Agency Board for Equipment 
        Standardization and Interoperability;</DELETED>
        <DELETED>    ``(8) the National Public Health Performance 
        Standards Program;</DELETED>
        <DELETED>    ``(9) the National Institute for Occupational 
        Safety and Health;</DELETED>
        <DELETED>    ``(10) ASTM International;</DELETED>
        <DELETED>    ``(11) the International Safety Equipment 
        Association;</DELETED>
        <DELETED>    ``(12) the Emergency Management Accreditation 
        Program; and</DELETED>
        <DELETED>    ``(13) to the extent the Secretary considers 
        appropriate, other national voluntary consensus standards 
        development organizations, other interested Federal, State, and 
        local agencies, and other interested persons.</DELETED>
<DELETED>    ``(d) Coordination With Secretary of HHS.--In establishing 
any national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.''.</DELETED>
<DELETED>    (b) Definition of Emergency Response Providers.--Paragraph 
(6) of section 2 of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 101(6)) is amended by striking ``includes'' and all that 
follows and inserting ``includes Federal, State, and local governmental 
and nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.</DELETED>
<DELETED>    (c) Temporary Limitations on Application.--</DELETED>
        <DELETED>    (1) 1-year delay in application.--The following 
        provisions of title XVIII of the Homeland Security Act of 2002, 
        as amended by subsection (a), shall not apply during the 1-year 
        period beginning on the date of the enactment of this 
        Act:</DELETED>
                <DELETED>    (A) Subsections (b), (c), and (e)(4)(A) 
                and (B) of section 1805.</DELETED>
                <DELETED>    (B) In section 1805(f)(3)(A), the phrase 
                ``, by enhancing the essential capabilities of the 
                applicants,''.</DELETED>
        <DELETED>    (2) 2-year delay in application.--The following 
        provisions of title XVIII of the Homeland Security Act of 2002, 
        as amended by subsection (a), shall not apply during the 2-year 
        period beginning on the date of the enactment of this 
        Act:</DELETED>
        <DELETED>    (A) Subparagraphs (D) and (E) of section 
        1806(g)(5).</DELETED>
        <DELETED>    (B) Section 1806(i)(3).</DELETED>

<DELETED>SEC. 5004. MODIFICATION OF HOMELAND SECURITY ADVISORY 
              SYSTEM.</DELETED>

<DELETED>    (a) In General.--Subtitle A of title II of the Homeland 
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.</DELETED>

<DELETED>    ``(a) In General.--The Secretary shall revise the Homeland 
Security Advisory System referred to in section 201(d)(7) to require 
that any designation of a threat level or other warning shall be 
accompanied by a designation of the geographic regions or economic 
sectors to which the designation applies.</DELETED>
<DELETED>    ``(b) Reports.--The Secretary shall report to the Congress 
annually by not later than December 31 each year regarding the 
geographic region-specific warnings and economic sector-specific 
warnings issued during the preceding fiscal year under the Homeland 
Security Advisory System referred to in section 201(d)(7), and the 
bases for such warnings. The report shall be submitted in unclassified 
form and may, as necessary, include a classified annex.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
amended by inserting after the item relating to section 202 the 
following:</DELETED>

<DELETED>``203. Homeland Security Advisory System.''.

<DELETED>SEC. 5005. COORDINATION OF INDUSTRY EFFORTS.</DELETED>

<DELETED>    Section 102(f) of the Homeland Security Act of 2002 
(Public Law 107-296; 6 U.S.C. 112(f)) is amended by striking ``and'' 
after the semicolon at the end of paragraph (6), by striking the period 
at the end of paragraph (7) and inserting ``; and'', and by adding at 
the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 5006. SUPERSEDED PROVISION.</DELETED>

<DELETED>    This subtitle supersedes section 1014 of Public Law 107-
56.</DELETED>

<DELETED>SEC. 5007. SENSE OF CONGRESS REGARDING INTEROPERABLE 
              COMMUNICATIONS.</DELETED>

<DELETED>    (a) Finding.--The Congress finds that--</DELETED>
        <DELETED>    (1) many first responders working in the same 
        jurisdiction or in different jurisdictions cannot effectively 
        and efficiently communicate with one another; and</DELETED>
        <DELETED>    (2) their inability to do so threatens the 
        public's safety and may result in unnecessary loss of lives and 
        property.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of the 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.</DELETED>

<DELETED>SEC. 5008. SENSE OF CONGRESS REGARDING CITIZEN CORPS 
              COUNCILS.</DELETED>

<DELETED>    (a) Finding.--The Congress finds that Citizen Corps 
councils help to enhance local citizen participation in terrorism 
preparedness by coordinating multiple Citizen Corps programs, 
developing community action plans, assessing possible threats, and 
identifying local resources.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of the Congress 
that individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.</DELETED>

<DELETED>SEC. 5009. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION 
              SYSTEM.</DELETED>

<DELETED>    (a) Study.--The Secretary of Homeland Security, 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--</DELETED>
        <DELETED>    (1) alert persons in the United States of imminent 
        or current hazardous events caused by acts of terrorism; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.</DELETED>

<DELETED>SEC. 5010. REQUIRED COORDINATION.</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Subtitle B--Government Reorganization Authority</DELETED>

<DELETED>SEC. 5021. AUTHORIZATION OF INTELLIGENCE COMMUNITY 
              REORGANIZATION PLANS.</DELETED>

<DELETED>    (a) Reorganization Plans.--Section 903(a)(2) of title 5, 
United States Code, is amended to read as follows:</DELETED>
        <DELETED>    ``(2) the abolition of all or a part of the 
        functions of an agency;''.</DELETED>
<DELETED>    (b) Repeal of Limitations.--Section 905 of title 5, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 905. Limitation on authority.</DELETED>
<DELETED>    ``The authority to submit reorganization plans under this 
chapter is limited to the following organizational units:</DELETED>
        <DELETED>    ``(1) The Office of the National Intelligence 
        Director.</DELETED>
        <DELETED>    ``(2) The Central Intelligence Agency.</DELETED>
        <DELETED>    ``(3) The National Security Agency.</DELETED>
        <DELETED>    ``(4) The Defense Intelligence Agency.</DELETED>
        <DELETED>    ``(5) The National Geospatial-Intelligence 
        Agency.</DELETED>
        <DELETED>    ``(6) The National Reconnaissance 
        Office.</DELETED>
        <DELETED>    ``(7) Other offices within the Department of 
        Defense for the collection of specialized national intelligence 
        through reconnaissance programs.</DELETED>
        <DELETED>    ``(8) The intelligence elements of the Army, the 
        Navy, the Air Force, the Marine Corps, the Federal Bureau of 
        Investigation, and the Department of Energy.</DELETED>
        <DELETED>    ``(9) The Bureau of Intelligence and Research of 
        the Department of State.</DELETED>
        <DELETED>    ``(10) The Office of Intelligence Analysis of the 
        Department of Treasury.</DELETED>
        <DELETED>    ``(11) The elements of the Department of Homeland 
        Security concerned with the analysis of intelligence 
        information, including the Office of Intelligence of the Coast 
        Guard.</DELETED>
        <DELETED>    ``(12) Such other elements of any other department 
        or agency as may be designated by the President, or designated 
        jointly by the National Intelligence Director and the head of 
        the department or agency concerned, as an element of the 
        intelligence community.''.</DELETED>
<DELETED>    (c) Reorganization Plans.--Section 903(a) of title 5, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (5), by striking ``or'' after the 
        semicolon;</DELETED>
        <DELETED>    (2) in paragraph (6), by striking the period and 
        inserting ``; or''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (6) the 
        following:</DELETED>
        <DELETED>    ``(7) the creation of an agency.''.</DELETED>
<DELETED>    (d) Application of Chapter.--Chapter 9 of title 5, United 
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 913. Application of chapter</DELETED>
<DELETED>    ``This chapter shall apply to any reorganization plan 
transmitted to Congress in accordance with section 903(b) on or after 
the date of enactment of this section.''.</DELETED>
<DELETED>    (e) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Table of sections.--The table of sections for 
        chapter 9 of title 5, United States Code, is amended by adding 
        after the item relating to section 912 the following:</DELETED>

<DELETED>``913. Application of chapter.''.
        <DELETED>    (2) References.--Chapter 9 of title 5, United 
        States Code, is amended--</DELETED>
                <DELETED>    (A) in section 908(1), by striking ``on or 
                before December 31, 1984''; and (B) in section 910, by 
                striking ``Government Operations'' each place it 
                appears and inserting ``Government Reform''.</DELETED>
        <DELETED>    (3) Date modification.--Section 909 of title 5, 
        United States Code, is amended in the first sentence by 
        striking ``19'' and inserting ``20''.</DELETED>

   <DELETED>Subtitle C--Restructuring Relating to the Department of 
        Homeland Security and Congressional Oversight</DELETED>

<DELETED>SEC. 5025. RESPONSIBILITIES OF COUNTERNARCOTICS 
              OFFICE.</DELETED>

<DELETED>    (a) Amendment.--Section 878 of the Homeland Security Act 
of 2002 (6 U.S.C. 458) is amended to read as follows:</DELETED>

<DELETED>``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.</DELETED>

<DELETED>    ``(a) Office.--There shall be 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.</DELETED>
<DELETED>    ``(b) Assignment of Personnel.--(1) The Secretary shall 
assign to the Office permanent staff and other appropriate personnel 
detailed from other subdivisions of the Department to carry out 
responsibilities under this section.</DELETED>
<DELETED>    ``(2) 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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Responsibilities.--The Secretary shall direct the 
Director of the Office of counternarcotics Enforcement--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) to ensure the adequacy of resources within 
        the Department for stopping the entry of illegal drugs into the 
        United States;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) to track and sever connections between 
        illegal drug trafficking and terrorism; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Reports to Congress.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) describe with particularity how such 
                requested funds would be or could be expended in 
                furtherance of counternarcotics activities; 
                and</DELETED>
                <DELETED>    ``(C) compare such requests with requests 
                for expenditures and amounts appropriated by Congress 
                in the previous fiscal year.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) describe the results of those 
                activities, using quantifiable data whenever 
                possible;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 103(a) of the Homeland 
Security Act of 2002 (6 U.S.C. 113(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (8) and (9) as 
        paragraphs (9) and (10), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (7) the following 
        new paragraph (8):</DELETED>
        <DELETED>    ``(8) A Director of the Office of counternarcotics 
        Enforcement.''.</DELETED>
<DELETED>    (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 (as amended by this section).</DELETED>

<DELETED>SEC. 5026. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN 
              CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.</DELETED>

<DELETED>    (a) In General.--Subtitle E of title VIII of the Homeland 
Security Act of 2002 (6 U.S.C. 411 and following) is amended by adding 
at the end the following:</DELETED>

<DELETED>``SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN 
              CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.</DELETED>

<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) the contribution of that employee to 
        seizures of narcotics and arrests of violators of Federal, 
        State, or local narcotics laws; and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Definitions.--For purposes of this section--
</DELETED>
        <DELETED>    ``(1) the term `National Drug Control Program 
        Agency' means--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) any subdivision of the Department 
                that has a significant counternarcotics responsibility, 
                as determined by--</DELETED>
                        <DELETED>    ``(i) the counternarcotics 
                        officer, appointed under section 878; 
                        or</DELETED>
                        <DELETED>    ``(ii) if applicable, the 
                        counternarcotics officer's successor in 
                        function (as determined by the Secretary); 
                        and</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 843. Use of counternarcotics enforcement activities in 
                            certain employee performance appraisals.''.

<DELETED>SEC. 5027. SENSE OF THE HOUSE OF REPRESENTATIVES ON ADDRESSING 
              HOMELAND SECURITY FOR THE AMERICAN PEOPLE.</DELETED>

<DELETED>    (a) Findings.--The House of Representatives finds that--
</DELETED>
        <DELETED>    (1) the House of Representatives created a Select 
        Committee on Homeland Security at the start of the 108th 
        Congress to provide for vigorous congressional oversight for 
        the implementation and operation of the Department of Homeland 
        Security;</DELETED>
        <DELETED>    (2) the House of Representatives also charged the 
        Select Committee on Homeland Security, including its 
        Subcommittee on Rules, with undertaking a thorough and complete 
        study of the operation and implementation of the rules of the 
        House, including the rule governing committee jurisdiction, 
        with respect to the issue of homeland security and to make 
        their recommendations to the Committee on Rules;</DELETED>
        <DELETED>    (3) on February 11, 2003, the Committee on 
        Appropriations of the House of Representatives created a new 
        Subcommittee on Homeland Security with jurisdiction over the 
        Transportation Security Administration, the Coast Guard, and 
        other entities within the Department of Homeland Security to 
        help address the integration of the Department of Homeland 
        Security's 22 legacy agencies; and</DELETED>
        <DELETED>    (4) during the 108th Congress, the House of 
        Representatives has taken several steps to help ensure its 
        continuity in the event of a terrorist attack, including--
        </DELETED>
                <DELETED>    (A) adopting H.R. 2844, the Continuity of 
                Representation Act, a bill to require States to hold 
                expedited special elections to fill vacancies in the 
                House of Representatives not later than 45 days after 
                the vacancy is announced by the Speaker in 
                extraordinary circumstances;</DELETED>
                <DELETED>    (B) granting authority for joint-
                leadership recalls from a period of adjournment to an 
                alternate place;</DELETED>
                <DELETED>    (C) allowing for anticipatory consent with 
                the Senate to assemble in an alternate place;</DELETED>
                <DELETED>    (D) establishing the requirement that the 
                Speaker submit to the Clerk a list of Members in the 
                order in which each shall act as Speaker pro tempore in 
                the case of a vacancy in the Office of Speaker 
                (including physical inability of the Speaker to 
                discharge his duties) until the election of a Speaker 
                or a Speaker pro tempore, exercising such authorities 
                of the Speaker as may be necessary and appropriate to 
                that end;</DELETED>
                <DELETED>    (E) granting authority for the Speaker to 
                declare an emergency recess of the House subject to the 
                call of the Chair when notified of an imminent threat 
                to the safety of the House;</DELETED>
                <DELETED>    (F) granting authority for the Speaker, 
                during any recess or adjournment of not more than three 
                days, in consultation with the Minority Leader, to 
                postpone the time for reconvening or to reconvene 
                before the time previously appointed solely to declare 
                the House in recess, in each case within the 
                constitutional three-day limit;</DELETED>
                <DELETED>    (G) establishing the authority for the 
                Speaker to convene the House in an alternate place 
                within the seat of Government; and</DELETED>
                <DELETED>    (H) codifying the long-standing practice 
                that the death, resignation, expulsion, 
                disqualification, or removal of a Member results in an 
                adjustment of the quorum of the House, which the 
                Speaker shall announce to the House and which shall not 
                be subject to appeal.</DELETED>
<DELETED>    (b) Sense of the House.--It is the sense of the House of 
Representatives that the Committee on Rules should act upon the 
recommendations provided by the Select Committee on Homeland Security, 
and other committees of existing jurisdiction, regarding the 
jurisdiction over proposed legislation, messages, petitions, memorials 
and other matters relating to homeland security prior to or at the 
start of the 109th Congress.</DELETED>

  <DELETED>Subtitle D--Improvements to Information Security</DELETED>

<DELETED>SEC. 5031. AMENDMENTS TO CLINGER-COHEN PROVISIONS TO ENHANCE 
              AGENCY PLANNING FOR INFORMATION SECURITY NEEDS.</DELETED>

<DELETED>    Chapter 113 of title 40, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in section 11302(b), by inserting 
        ``security,'' after ``use,'';</DELETED>
        <DELETED>    (2) in section 11302(c), by inserting ``, 
        including information security risks,'' after ``risks'' both 
        places it appears;</DELETED>
        <DELETED>    (3) in section 11312(b)(1), by striking 
        ``information technology investments'' and inserting 
        ``investments in information technology (including information 
        security needs)''; and</DELETED>
        <DELETED>    (4) in section 11315(b)(2), by inserting ``, 
        secure,'' after ``sound''.</DELETED>

    <DELETED>Subtitle E--Personnel Management Improvements</DELETED>

       <DELETED>CHAPTER 1--APPOINTMENTS PROCESS REFORM</DELETED>

<DELETED>SEC. 5041. APPOINTMENTS TO NATIONAL SECURITY 
              POSITIONS.</DELETED>

<DELETED>    (a) Definition of National Security Position.--For 
purposes of this section, the term ``national security position'' shall 
include--</DELETED>
        <DELETED>    (1) those positions that involve activities of the 
        United States Government that are concerned with the protection 
        of the Nation from foreign aggression, terrorism, or espionage, 
        including development of defense plans or policies, 
        intelligence or counterintelligence activities, and related 
        activities concerned with the preservation of military strength 
        of the United States and protection of the homeland; 
        and</DELETED>
        <DELETED>    (2) positions that require regular use of, or 
        access to, classified information.</DELETED>
<DELETED>    (b) Publication in the Federal Register.--Not later than 
60 days after the effective date of this section, the Director of the 
Office of Personnel Management shall publish in the Federal Register a 
list of offices that constitute national security positions under 
section (a) for which Senate confirmation is required by law, and the 
Director shall revise such list from time to time as 
appropriate.</DELETED>
<DELETED>    (c) Presidential Appointments.--(1) With respect to 
appointment of individuals to offices identified under section (b) and 
listed in sections 5315 or 5316 of title 5, United States Code, which 
shall arise after the publication of the list required by section (b), 
and notwithstanding any other provision of law, the advice and consent 
of the Senate shall not be required, but rather such appointment shall 
be made by the President alone.</DELETED>
<DELETED>    (2) With respect to appointment of individuals to offices 
identified under section (b) and listed in sections 5313 or 5314 of 
title 5, United States Code, which shall arise after the publication of 
the list required by section (b), and notwithstanding any other 
provision of law, the advice and consent of the Senate shall be 
required, except that if 30 legislative days shall have expired from 
the date on which a nomination is submitted to the Senate without a 
confirmation vote occurring in the Senate, such appointment shall be 
made by the President alone.</DELETED>
<DELETED>    (3) For the purposes of this subsection, the term 
``legislative day'' means a day on which the Senate is in 
session.</DELETED>

<DELETED>SEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS.</DELETED>

<DELETED>    Subsections (a) and (b) of section 3349a of title 5, 
United States Code, are amended to read as follows:</DELETED>
<DELETED>    ``(a) As used in this section--</DELETED>
        <DELETED>    ``(1) the term `inauguration day' means the date 
        on which any person swears or affirms the oath of office as 
        President; and</DELETED>
        <DELETED>    ``(2) the term `specified national security 
        position' shall mean not more than 20 positions requiring 
        Senate confirmation, not to include more than 3 heads of 
        Executive Departments, which are designated by the President on 
        or after an inauguration day as positions for which the duties 
        involve substantial responsibility for national 
        security.</DELETED>
<DELETED>    ``(b) With respect to any vacancy that exists during the 
60-day period beginning on an inauguration day, except where the person 
swearing or affirming the oath of office was the President on the date 
preceding the date of swearing or affirming such oath of office, the 
210-day period under section 3346 or 3348 shall be deemed to begin on 
the later of the date occurring--</DELETED>
        <DELETED>    ``(1) 90 days after such transitional inauguration 
        day; or</DELETED>
        <DELETED>    ``(2) 90 days after the date on which the vacancy 
        occurs.</DELETED>
<DELETED>    ``(c) With respect to any vacancy in any specified 
national security position that exists during the 60-day period 
beginning on an inauguration day, the requirements of subparagraphs (A) 
and (B) of section 3345(a)(3) shall not apply.''.</DELETED>

<DELETED>SEC. 5043. PUBLIC FINANCIAL DISCLOSURE FOR THE INTELLIGENCE 
              COMMUNITY.</DELETED>

<DELETED>    (a) In General.--The Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended by inserting before title IV the 
following:</DELETED>

   <DELETED>``TITLE III--INTELLIGENCE PERSONNEL FINANCIAL DISCLOSURE 
                         REQUIREMENTS</DELETED>

<DELETED>``SEC. 301. PERSONS REQUIRED TO FILE.</DELETED>

<DELETED>    ``(a) Within 30 days of assuming the position of an 
officer or employee described in subsection (e), an individual shall 
file a report containing the information described in section 302(b) 
unless the individual has left another position described in subsection 
(e) within 30 days prior to assuming such new position or has already 
filed a report under this title with respect to nomination for the new 
position or as a candidate for the position.</DELETED>
<DELETED>    ``(b)(1) Within 5 days of the transmittal by the President 
to the Senate of the nomination of an individual to a position in the 
executive branch, appointment to which requires the advice and consent 
of the Senate, such individual shall file a report containing the 
information described in section 302(b). Such individual shall, not 
later than the date of the first hearing to consider the nomination of 
such individual, make current the report filed pursuant to this 
paragraph by filing the information required by section 302(a)(1)(A) 
with respect to income and honoraria received as of the date which 
occurs 5 days before the date of such hearing. Nothing in this Act 
shall prevent any congressional committee from requesting, as a 
condition of confirmation, any additional financial information from 
any Presidential nominee whose nomination has been referred to that 
committee.</DELETED>
<DELETED>    ``(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a position may 
file the report required by paragraph (1) at any time after that public 
announcement, but not later than is required under the first sentence 
of such paragraph.</DELETED>
<DELETED>    ``(c) Any individual who is an officer or employee 
described in subsection (e) during any calendar year and performs the 
duties of his position or office for a period in excess of 60 days in 
that calendar year shall file on or before May 15 of the succeeding 
year a report containing the information described in section 
302(a).</DELETED>
<DELETED>    ``(d) Any individual who occupies a position described in 
subsection (e) shall, on or before the 30th day after termination of 
employment in such position, file a report containing the information 
described in section 302(a) covering the preceding calendar year if the 
report required by subsection (c) has not been filed and covering the 
portion of the calendar year in which such termination occurs up to the 
date the individual left such office or position, unless such 
individual has accepted employment in or takes the oath of office for 
another position described in subsection (e) or section 
101(f).</DELETED>
<DELETED>    ``(e) The officers and employees referred to in 
subsections (a), (c), and (d) are those employed in or under--
</DELETED>
        <DELETED>    ``(1) the Office of the National Intelligence 
        Director; or</DELETED>
        <DELETED>    ``(2) an element of the intelligence community, as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4)).</DELETED>
<DELETED>    ``(f)(1) Reasonable extensions of time for filing any 
report may be granted under procedures prescribed by the Office of 
Government Ethics, but the total of such extensions shall not exceed 90 
days.</DELETED>
<DELETED>    ``(2)(A) In the case of an individual who is serving in 
the Armed Forces, or serving in support of the Armed Forces, in an area 
while that area is designated by the President by Executive order as a 
combat zone for purposes of section 112 of the Internal Revenue Code of 
1986, the date for the filing of any report shall be extended so that 
the date is 180 days after the later of--</DELETED>
                <DELETED>    ``(i) the last day of the individual's 
                service in such area during such designated period; 
                or</DELETED>
                <DELETED>    ``(ii) the last day of the individual's 
                hospitalization as a result of injury received or 
                disease contracted while serving in such 
                area.</DELETED>
<DELETED>    ``(B) The Office of Government Ethics, in consultation 
with the Secretary of Defense, may prescribe procedures under this 
paragraph.</DELETED>
<DELETED>    ``(g) The Director of the Office of Government Ethics may 
grant a publicly available request for a waiver of any reporting 
requirement under this title with respect to an individual if the 
Director determines that--</DELETED>
        <DELETED>    ``(1) such individual is not a full-time employee 
        of the Government;</DELETED>
        <DELETED>    ``(2) such individual is able to provide special 
        services needed by the Government;</DELETED>
        <DELETED>    ``(3) it is unlikely that such individual's 
        outside employment or financial interests will create a 
        conflict of interest; and</DELETED>
        <DELETED>    ``(4) public financial disclosure by such 
        individual is not necessary in the circumstances.</DELETED>
<DELETED>    ``(h)(1) The Director of the Office of Government Ethics 
may establish procedures under which an incoming individual can take 
actions to avoid conflicts of interest while in office if the 
individual has holdings or other financial interests that raise 
conflict concerns.</DELETED>
<DELETED>    ``(2) The actions referenced in paragraph (1) may include, 
but are not limited to, signed agreements with the individual's 
employing agency, the establishment of blind trusts, or requirements 
for divesting interests or holdings while in office.</DELETED>

<DELETED>``SEC. 302. CONTENTS OF REPORTS.</DELETED>

<DELETED>    ``(a) Each report filed pursuant to section 301 (c) and 
(d) shall include a full and complete statement with respect to the 
following:</DELETED>
        <DELETED>    ``(1)(A) The source, description, and category of 
        value of income (other than income referred to in subparagraph 
        (B)) from any source (other than from current employment by the 
        United States Government), received during the preceding 
        calendar year, aggregating more than $500 in value, except that 
        honoraria received during Government service by an officer or 
        employee shall include, in addition to the source, the exact 
        amount and the date it was received.</DELETED>
        <DELETED>    ``(B) The source and description of investment 
        income which may include but is not limited to dividends, 
        rents, interest, and capital gains, received during the 
        preceding calendar year which exceeds $500 in amount or 
        value.</DELETED>
        <DELETED>    ``(C) The categories for reporting the amount for 
        income covered in subparagraphs (A) and (B) are--</DELETED>
                <DELETED>    ``(i) greater than $500 but not more than 
                $20,000;</DELETED>
                <DELETED>    ``(ii) greater than $20,000 but not more 
                than $100,000;</DELETED>
                <DELETED>    ``(iii) greater than $100,000 but not more 
                than $1,000,000;</DELETED>
                <DELETED>    ``(iv) greater than $1,000,000 but not 
                more than $2,500,000; and</DELETED>
                <DELETED>    ``(v) greater than $2,500,000.</DELETED>
        <DELETED>    ``(2)(A) The identity of the source, a brief 
        description, and the value of all gifts aggregating more than 
        the minimal value as established by section 7342(a)(5) of title 
        5, United States Code, or $250, whichever is greater, received 
        from any source other than a relative of the reporting 
        individual during the preceding calendar year, except that any 
        food, lodging, or entertainment received as personal 
        hospitality of an individual need not be reported, and any gift 
        with a fair market value of $100 or less, as adjusted at the 
        same time and by the same percentage as the minimal value is 
        adjusted, need not be aggregated for purposes of this 
        subparagraph.</DELETED>
        <DELETED>    ``(B) The identity of the source and a brief 
        description (including dates of travel and nature of expenses 
        provided) of reimbursements received from any source 
        aggregating more than the minimal value as established by 
        section 7342(a)(5) of title 5, United States Code, or $250, 
        whichever is greater and received during the preceding calendar 
        year.</DELETED>
        <DELETED>    ``(3) The identity and category of value of any 
        interest in property held during the preceding calendar year in 
        a trade or business, or for investment or the production of 
        income, which has a fair market value which exceeds $5,000 as 
        of the close of the preceding calendar year, excluding any 
        personal liability owed to the reporting individual by a 
        spouse, or by a parent, brother, sister, or child of the 
        reporting individual or of the reporting individual's spouse, 
        or any deposit accounts aggregating $100,000 or less in a 
        financial institution, or any Federal Government securities 
        aggregating $100,000 or less.</DELETED>
        <DELETED>    ``(4) The identity and category of value of the 
        total liabilities owed to any creditor other than a spouse, or 
        a parent, brother, sister, or child of the reporting individual 
        or of the reporting individual's spouse which exceed $20,000 at 
        any time during the preceding calendar year, excluding--
        </DELETED>
                <DELETED>    ``(A) any mortgage secured by real 
                property which is a personal residence of the reporting 
                individual or his spouse; and</DELETED>
                <DELETED>    ``(B) any loan secured by a personal motor 
                vehicle, household furniture, or appliances, which loan 
                does not exceed the purchase price of the item which 
                secures it.</DELETED>
        <DELETED>With respect to revolving charge accounts, only those 
        with an outstanding liability which exceeds $20,000 as of the 
        close of the preceding calendar year need be reported under 
        this paragraph. Notwithstanding the preceding sentence, 
        individuals required to file pursuant to section 301(b) shall 
        also report the aggregate sum of the outstanding balances of 
        all revolving charge accounts as of any date that is within 30 
        days of the date of filing if the aggregate sum of those 
        balances exceeds $20,000.</DELETED>
        <DELETED>    ``(5) Except as provided in this paragraph, a 
        brief description of any real property, other than property 
        used solely as a personal residence of the reporting individual 
        or his spouse, or stocks, bonds, commodities futures, and other 
        forms of securities, if--</DELETED>
                <DELETED>    ``(A) purchased, sold, or exchanged during 
                the preceding calendar year;</DELETED>
                <DELETED>    ``(B) the value of the transaction 
                exceeded $5,000; and</DELETED>
                <DELETED>    ``(C) the property or security is not 
                already required to be reported as a source of income 
                pursuant to paragraph (1)(B) or as an asset pursuant to 
                paragraph (3).</DELETED>
        <DELETED>    ``(6)(A) The identity of all positions held on or 
        before the date of filing during the current calendar year 
        (and, for the first report filed by an individual, during the 
        1-year period preceding such calendar year) as an officer, 
        director, trustee, partner, proprietor, representative, 
        employee, or consultant of any corporation, company, firm, 
        partnership, or other business enterprise, any nonprofit 
        organization, any labor organization, or any educational or 
        other institution other than the United States Government. This 
        subparagraph shall not require the reporting of positions held 
        in any religious, social, fraternal, or political entity and 
        positions solely of an honorary nature.</DELETED>
        <DELETED>    ``(B) If any person, other than a person reported 
        as a source of income under paragraph (1)(A) or the United 
        States Government, paid a nonelected reporting individual 
        compensation in excess of $25,000 in the calendar year in 
        which, or the calendar year prior to the calendar year in 
        which, the individual files his first report under this title, 
        the individual shall include in the report--</DELETED>
                <DELETED>    ``(i) the identity of each source of such 
                compensation; and</DELETED>
                <DELETED>    ``(ii) a brief description of the nature 
                of the duties performed or services rendered by the 
                reporting individual for each such source.</DELETED>
<DELETED>The preceding sentence shall not require any individual to 
include in such report any information which is considered confidential 
as a result of a privileged relationship, established by law, between 
such individual and any person or any information which the person for 
whom the services are provided has a reasonable expectation of privacy, 
nor shall it require an individual to report any information with 
respect to any person for whom services were provided by any firm or 
association of which such individual was a member, partner, or employee 
unless such individual was directly involved in the provision of such 
services.</DELETED>
        <DELETED>    ``(7) A description of parties to and terms of any 
        agreement or arrangement with respect to (A) future employment; 
        (B) a leave of absence during the period of the reporting 
        individual's Government service; (C) continuation of payments 
        by a former employer other than the United States Government; 
        and (D) continuing participation in an employee welfare or 
        benefit plan maintained by a former employer. The description 
        of any formal agreement for future employment shall include the 
        date on which that agreement was entered into.</DELETED>
        <DELETED>    ``(8) The category of the total cash value of any 
        interest of the reporting individual in a qualified blind 
        trust.</DELETED>
<DELETED>    ``(b)(1) Each report filed pursuant to subsections (a) and 
(b) of section 301 shall include a full and complete statement with 
respect to the information required by--</DELETED>
        <DELETED>    ``(A) paragraphs (1) and (6) of subsection (a) for 
        the year of filing and the preceding calendar year,</DELETED>
        <DELETED>    ``(B) paragraphs (3) and (4) of subsection (a) as 
        of the date specified in the report but which is less than 31 
        days before the filing date, and</DELETED>
        <DELETED>    ``(C) paragraph (7) of subsection (a) as of the 
        filing date but for periods described in such 
        paragraph.</DELETED>
<DELETED>    ``(2)(A) In lieu of filling out 1 or more schedules of a 
financial disclosure form, an individual may supply the required 
information in an alternative format, pursuant to either rules adopted 
by the Office of Government Ethics or pursuant to a specific written 
determination by the Director of the Office of Government Ethics for a 
reporting individual.</DELETED>
<DELETED>    ``(B) In lieu of indicating the category of amount or 
value of any item contained in any report filed under this title, a 
reporting individual may indicate the exact dollar amount of such 
item.</DELETED>
<DELETED>    ``(c)(1) In the case of any individual referred to in 
section 301(c), the Office of Government Ethics may by regulation 
require a reporting period to include any period in which the 
individual served as an officer or employee described in section 301(e) 
and the period would not otherwise be covered by any public report 
filed pursuant to this title.</DELETED>
<DELETED>    ``(2) In the case of any individual referred to in section 
301(d), any reference to the preceding calendar year shall be 
considered also to include that part of the calendar year of filing up 
to the date of the termination of employment.</DELETED>
<DELETED>    ``(d)(1) The categories for reporting the amount or value 
of the items covered in subsection (a)(3) are--</DELETED>
        <DELETED>    ``(A) greater than $5,000 but not more than 
        $15,000;</DELETED>
        <DELETED>    ``(B) greater than $15,000 but not more than 
        $100,000;</DELETED>
        <DELETED>    ``(C) greater than $100,000 but not more than 
        $1,000,000;</DELETED>
        <DELETED>    ``(D) greater than $1,000,000 but not more than 
        $2,500,000; and</DELETED>
        <DELETED>    ``(E) greater than $2,500,000.</DELETED>
<DELETED>    ``(2) For the purposes of subsection (a)(3) if the current 
value of an interest in real property (or an interest in a real estate 
partnership) is not ascertainable without an appraisal, an individual 
may list (A) the date of purchase and the purchase price of the 
interest in the real property, or (B) the assessed value of the real 
property for tax purposes, adjusted to reflect the market value of the 
property used for the assessment if the assessed value is computed at 
less than 100 percent of such market value, but such individual shall 
include in his report a full and complete description of the method 
used to determine such assessed value, instead of specifying a category 
of value pursuant to paragraph (1). If the current value of any other 
item required to be reported under subsection (a)(3) is not 
ascertainable without an appraisal, such individual may list the book 
value of a corporation whose stock is not publicly traded, the net 
worth of a business partnership, the equity value of an individually 
owned business, or with respect to other holdings, any recognized 
indication of value, but such individual shall include in his report a 
full and complete description of the method used in determining such 
value. In lieu of any value referred to in the preceding sentence, an 
individual may list the assessed value of the item for tax purposes, 
adjusted to reflect the market value of the item used for the 
assessment if the assessed value is computed at less than 100 percent 
of such market value, but a full and complete description of the method 
used in determining such assessed value shall be included in the 
report.</DELETED>
<DELETED>    ``(3) The categories for reporting the amount or value of 
the items covered in paragraphs (4) and (8) of subsection (a) are--
</DELETED>
        <DELETED>    ``(A) greater than $20,000 but not more than 
        $100,000;</DELETED>
        <DELETED>    ``(B) greater than $100,000 but not more than 
        $500,000;</DELETED>
        <DELETED>    ``(C) greater than $500,000 but not more than 
        $1,000,000; and</DELETED>
        <DELETED>    ``(D) greater than $1,000,000.</DELETED>
<DELETED>    ``(e)(1) Except as provided in subparagraph (F), each 
report required by section 301 shall also contain information listed in 
paragraphs (1) through (5) of subsection (a) respecting the spouse or 
dependent child of the reporting individual as follows:</DELETED>
        <DELETED>    ``(A) The sources of earned income earned by a 
        spouse including honoraria which exceed $500 except that, with 
        respect to earned income if the spouse is self-employed in 
        business or a profession, only the nature of such business or 
        profession need be reported.</DELETED>
        <DELETED>    ``(B) All information required to be reported in 
        subsection (a)(1)(B) with respect to investment income derived 
        by a spouse or dependent child.</DELETED>
        <DELETED>    ``(C) In the case of any gifts received by a 
        spouse or dependent child which are not received totally 
        independent of the relationship of the spouse or dependent 
        child to the reporting individual, the identity of the source 
        and a brief description of gifts of transportation, lodging, 
        food, or entertainment and a brief description and the value of 
        other gifts.</DELETED>
        <DELETED>    ``(D) In the case of any reimbursements received 
        by a spouse or dependent child which are not received totally 
        independent of the relationship of the spouse or dependent 
        child to the reporting individual, the identity of the source 
        and a brief description of each such reimbursement.</DELETED>
        <DELETED>    ``(E) In the case of items described in paragraphs 
        (3) through (5) of subsection (a), all information required to 
        be reported under these paragraphs other than items which the 
        reporting individual certifies (i) represent the spouse's or 
        dependent child's sole financial interest or responsibility and 
        which the reporting individual has no knowledge of, (ii) are 
        not in any way, past or present, derived from the income, 
        assets, or activities of the reporting individual, and (iii) 
        that he neither derives, nor expects to derive, any financial 
        or economic benefit.</DELETED>
        <DELETED>    ``(F) Reports required by subsections (a), (b), 
        and (c) of section 301 shall, with respect to the spouse and 
        dependent child of the reporting individual, only contain 
        information listed in paragraphs (1), (3), and (4) of 
        subsection (a).</DELETED>
<DELETED>    ``(2) No report shall be required with respect to a spouse 
living separate and apart from the reporting individual with the 
intention of terminating the marriage or providing for permanent 
separation, or with respect to any income or obligations of an 
individual arising from the dissolution of his marriage or the 
permanent separation from his spouse.</DELETED>
<DELETED>    ``(f)(1) Except as provided in paragraph (2), each 
reporting individual shall report the information required to be 
reported pursuant to subsections (a), (b), and (c) with respect to the 
holdings of and the income from a trust or other financial arrangement 
from which income is received by, or with respect to which a beneficial 
interest in principal or income is held by, such individual, his 
spouse, or any dependent child.</DELETED>
<DELETED>    ``(2) A reporting individual need not report the holdings 
of or the source of income from any of the holdings of--</DELETED>
        <DELETED>    ``(A) any qualified blind trust (as defined in 
        paragraph (3));</DELETED>
        <DELETED>    ``(B) a trust--</DELETED>
                <DELETED>    ``(i) which was not created directly by 
                such individual, his spouse, or any dependent child, 
                and</DELETED>
                <DELETED>    ``(ii) the holdings or sources of income 
                of which such individual, his spouse, and any dependent 
                child have no knowledge; or</DELETED>
        <DELETED>    ``(C) an entity described under the provisions of 
        paragraph (8), but such individual shall report the category of 
        the amount of income received by him, his spouse, or any 
        dependent child from the entity under subsection 
        (a)(1)(B).</DELETED>
<DELETED>    ``(3) For purposes of this subsection, the term `qualified 
blind trust' includes any trust in which a reporting individual, his 
spouse, or any minor or dependent child has a beneficial interest in 
the principal or income, and which meets the following 
requirements:</DELETED>
        <DELETED>    ``(A)(i) The trustee of the trust and any other 
        entity designated in the trust instrument to perform fiduciary 
        duties is a financial institution, an attorney, a certified 
        public accountant, a broker, or an investment advisor who--
        </DELETED>
                <DELETED>    ``(I) is independent of and not associated 
                with any interested party so that the trustee or other 
                person cannot be controlled or influenced in the 
                administration of the trust by any interested 
                party;</DELETED>
                <DELETED>    ``(II) is not and has not been an employee 
                of or affiliated with any interested party and is not a 
                partner of, or involved in any joint venture or other 
                investment with, any interested party; and</DELETED>
                <DELETED>    ``(III) is not a relative of any 
                interested party.</DELETED>
        <DELETED>    ``(ii) Any officer or employee of a trustee or 
        other entity who is involved in the management or control of 
        the trust--</DELETED>
                <DELETED>    ``(I) is independent of and not associated 
                with any interested party so that such officer or 
                employee cannot be controlled or influenced in the 
                administration of the trust by any interested 
                party;</DELETED>
                <DELETED>    ``(II) is not a partner of, or involved in 
                any joint venture or other investment with, any 
                interested party; and</DELETED>
                <DELETED>    ``(III) is not a relative of any 
                interested party.</DELETED>
        <DELETED>    ``(B) Any asset transferred to the trust by an 
        interested party is free of any restriction with respect to its 
        transfer or sale unless such restriction is expressly approved 
        by the Office of Government Ethics.</DELETED>
        <DELETED>    ``(C) The trust instrument which establishes the 
        trust provides that--</DELETED>
                <DELETED>    ``(i) except to the extent provided in 
                subparagraph (B), the trustee in the exercise of his 
                authority and discretion to manage and control the 
                assets of the trust shall not consult or notify any 
                interested party;</DELETED>
                <DELETED>    ``(ii) the trust shall not contain any 
                asset the holding of which by an interested party is 
                prohibited by any law or regulation;</DELETED>
                <DELETED>    ``(iii) the trustee shall promptly notify 
                the reporting individual and the Office of Government 
                Ethics when the holdings of any particular asset 
                transferred to the trust by any interested party are 
                disposed of or when the value of such holding is less 
                than $1,000;</DELETED>
                <DELETED>    ``(iv) the trust tax return shall be 
                prepared by the trustee or his designee, and such 
                return and any information relating thereto (other than 
                the trust income summarized in appropriate categories 
                necessary to complete an interested party's tax 
                return), shall not be disclosed to any interested 
                party;</DELETED>
                <DELETED>    ``(v) an interested party shall not 
                receive any report on the holdings and sources of 
                income of the trust, except a report at the end of each 
                calendar quarter with respect to the total cash value 
                of the interest of the interested party in the trust or 
                the net income or loss of the trust or any reports 
                necessary to enable the interested party to complete an 
                individual tax return required by law or to provide the 
                information required by subsection (a)(1) of this 
                section, but such report shall not identify any asset 
                or holding;</DELETED>
                <DELETED>    ``(vi) except for communications which 
                solely consist of requests for distributions of cash or 
                other unspecified assets of the trust, there shall be 
                no direct or indirect communication between the trustee 
                and an interested party with respect to the trust 
                unless such communication is in writing and unless it 
                relates only (I) to the general financial interest and 
                needs of the interested party (including, but not 
                limited to, an interest in maximizing income or long-
                term capital gain), (II) to the notification of the 
                trustee of a law or regulation subsequently applicable 
                to the reporting individual which prohibits the 
                interested party from holding an asset, which 
                notification directs that the asset not be held by the 
                trust, or (III) to directions to the trustee to sell 
                all of an asset initially placed in the trust by an 
                interested party which in the determination of the 
                reporting individual creates a conflict of interest or 
                the appearance thereof due to the subsequent assumption 
                of duties by the reporting individual (but nothing 
                herein shall require any such direction); and</DELETED>
                <DELETED>    ``(vii) the interested parties shall make 
                no effort to obtain information with respect to the 
                holdings of the trust, including obtaining a copy of 
                any trust tax return filed or any information relating 
                thereto except as otherwise provided in this 
                subsection.</DELETED>
        <DELETED>    ``(D) The proposed trust instrument and the 
        proposed trustee is approved by the Office of Government 
        Ethics.</DELETED>
        <DELETED>    ``(E) For purposes of this subsection, `interested 
        party' means a reporting individual, his spouse, and any minor 
        or dependent child; `broker' has the meaning set forth in 
        section 3(a)(4) of the Securities and Exchange Act of 1934 (15 
        U.S.C. 78c(a)(4)); and `investment adviser' includes any 
        investment adviser who, as determined under regulations 
        prescribed by the supervising ethics office, is generally 
        involved in his role as such an adviser in the management or 
        control of trusts.</DELETED>
<DELETED>    ``(4)(A) An asset placed in a trust by an interested party 
shall be considered a financial interest of the reporting individual, 
for the purposes of any applicable conflict of interest statutes, 
regulations, or rules of the Federal Government (including section 208 
of title 18, United States Code), until such time as the reporting 
individual is notified by the trustee that such asset has been disposed 
of, or has a value of less than $1,000.</DELETED>
<DELETED>    ``(B)(i) The provisions of subparagraph (A) shall not 
apply with respect to a trust created for the benefit of a reporting 
individual, or the spouse, dependent child, or minor child of such a 
person, if the Office of Government Ethics finds that--</DELETED>
        <DELETED>    ``(I) the assets placed in the trust consist of a 
        well-diversified portfolio of readily marketable 
        securities;</DELETED>
        <DELETED>    ``(II) none of the assets consist of securities of 
        entities having substantial activities in the area of the 
        reporting individual's primary area of 
        responsibility;</DELETED>
        <DELETED>    ``(III) the trust instrument prohibits the 
        trustee, notwithstanding the provisions of paragraph (3)(C) 
        (iii) and (iv), from making public or informing any interested 
        party of the sale of any securities;</DELETED>
        <DELETED>    ``(IV) the trustee is given power of attorney, 
        notwithstanding the provisions of paragraph (3)(C)(v), to 
        prepare on behalf of any interested party the personal income 
        tax returns and similar returns which may contain information 
        relating to the trust; and</DELETED>
        <DELETED>    ``(V) except as otherwise provided in this 
        paragraph, the trust instrument provides (or in the case of a 
        trust which by its terms does not permit amendment, the 
        trustee, the reporting individual, and any other interested 
        party agree in writing) that the trust shall be administered in 
        accordance with the requirements of this subsection and the 
        trustee of such trust meets the requirements of paragraph 
        (3)(A).</DELETED>
<DELETED>    ``(ii) In any instance covered by subparagraph (B) in 
which the reporting individual is an individual whose nomination is 
being considered by a congressional committee, the reporting individual 
shall inform the congressional committee considering his nomination 
before or during the period of such individual's confirmation hearing 
of his intention to comply with this paragraph.</DELETED>
<DELETED>    ``(5)(A) The reporting individual shall, within 30 days 
after a qualified blind trust is approved by the Office of Government 
Ethics, file with such office a copy of--</DELETED>
        <DELETED>    ``(i) the executed trust instrument of such trust 
        (other than those provisions which relate to the testamentary 
        disposition of the trust assets), and</DELETED>
        <DELETED>    ``(ii) a list of the assets which were transferred 
        to such trust, including the category of value of each asset as 
        determined under subsection (d).</DELETED>
<DELETED>This subparagraph shall not apply with respect to a trust 
meeting the requirements for being considered a qualified blind trust 
under paragraph (7).</DELETED>
<DELETED>    ``(B) The reporting individual shall, within 30 days of 
transferring an asset (other than cash) to a previously established 
qualified blind trust, notify the Office of Government Ethics of the 
identity of each such asset and the category of value of each asset as 
determined under subsection (d) of this section.</DELETED>
<DELETED>    ``(C) Within 30 days of the dissolution of a qualified 
blind trust, a reporting individual shall notify the Office of 
Government Ethics of such dissolution.</DELETED>
<DELETED>    ``(D) Documents filed under subparagraphs (A), (B), and 
(C) and the lists provided by the trustee of assets placed in the trust 
by an interested party which have been sold shall be made available to 
the public in the same manner as a report is made available under 
section 305 and the provisions of that section shall apply with respect 
to such documents and lists.</DELETED>
<DELETED>    ``(E) A copy of each written communication with respect to 
the trust under paragraph (3)(C)(vi) shall be filed by the person 
initiating the communication with the Office of Government Ethics 
within 5 days of the date of the communication.</DELETED>
<DELETED>    ``(6)(A) A trustee of a qualified blind trust shall not 
knowingly and willfully, or negligently, (i) disclose any information 
to an interested party with respect to such trust that may not be 
disclosed under paragraph (3); (ii) acquire any holding the ownership 
of which is prohibited by the trust instrument; (iii) solicit advice 
from any interested party with respect to such trust, which 
solicitation is prohibited by paragraph (3) or the trust agreement; or 
(iv) fail to file any document required by this subsection.</DELETED>
<DELETED>    ``(B) A reporting individual shall not knowingly and 
willfully, or negligently, (i) solicit or receive any information with 
respect to a qualified blind trust of which he is an interested party 
that may not be disclosed under paragraph (3)(C) or (ii) fail to file 
any document required by this subsection.</DELETED>
<DELETED>    ``(C)(i) The Attorney General may bring a civil action in 
any appropriate United States district court against any individual who 
knowingly and willfully violates the provisions of subparagraph (A) or 
(B). The court in which such action is brought may assess against such 
individual a civil penalty in any amount not to exceed 
$10,000.</DELETED>
<DELETED>    ``(ii) The Attorney General may bring a civil action in 
any appropriate United States district court against any individual who 
negligently violates the provisions of subparagraph (A) or (B). The 
court in which such action is brought may assess against such 
individual a civil penalty in any amount not to exceed 
$5,000.</DELETED>
<DELETED>    ``(7) Any trust may be considered to be a qualified blind 
trust if--</DELETED>
        <DELETED>    ``(A) the trust instrument is amended to comply 
        with the requirements of paragraph (3) or, in the case of a 
        trust instrument which does not by its terms permit amendment, 
        the trustee, the reporting individual, and any other interested 
        party agree in writing that the trust shall be administered in 
        accordance with the requirements of this subsection and the 
        trustee of such trust meets the requirements of paragraph 
        (3)(A); except that in the case of any interested party who is 
        a dependent child, a parent or guardian of such child may 
        execute the agreement referred to in this 
        subparagraph;</DELETED>
        <DELETED>    ``(B) a copy of the trust instrument (except 
        testamentary provisions) and a copy of the agreement referred 
        to in subparagraph (A), and a list of the assets held by the 
        trust at the time of approval by the Office of Government 
        Ethics, including the category of value of each asset as 
        determined under subsection (d), are filed with such office and 
        made available to the public as provided under paragraph 
        (5)(D); and</DELETED>
        <DELETED>    ``(C) the Director of the Office of Government 
        Ethics determines that approval of the trust arrangement as a 
        qualified blind trust is in the particular case appropriate to 
        assure compliance with applicable laws and 
        regulations.</DELETED>
<DELETED>    ``(8) A reporting individual shall not be required to 
report the financial interests held by a widely held investment fund 
(whether such fund is a mutual fund, regulated investment company, 
pension or deferred compensation plan, or other investment fund), if--
</DELETED>
        <DELETED>    ``(A)(i) the fund is publicly traded; or</DELETED>
        <DELETED>    ``(ii) the assets of the fund are widely 
        diversified; and</DELETED>
        <DELETED>    ``(B) the reporting individual neither exercises 
        control over nor has the ability to exercise control over the 
        financial interests held by the fund.</DELETED>
<DELETED>    ``(9)(A)(i) A reporting individual described in subsection 
(a) or (b) of section 301 shall not be required to report the holdings 
or sources of income of any trust or investment fund where--</DELETED>
        <DELETED>    ``(I) reporting would result in the disclosure of 
        assets or sources of income of another person whose interests 
        are not required to be reported by the reporting individual 
        under this title;</DELETED>
        <DELETED>    ``(II) the disclosure of such assets and sources 
        of income is prohibited by contract or the assets and sources 
        of income are not otherwise publicly available; and</DELETED>
        <DELETED>    ``(III) the reporting individual has executed a 
        written ethics agreement which contains a general description 
        of the trust or investment fund and a commitment to divest the 
        interest in the trust or investment fund not later than 90 days 
        after the date of the agreement.</DELETED>
<DELETED>    ``(ii) An agreement described under clause (i)(III) shall 
be attached to the public financial disclosure which would otherwise 
include a listing of the holdings or sources of income from this trust 
or investment fund.</DELETED>
<DELETED>    ``(B)(i) The provisions of subparagraph (A) shall apply to 
an individual described in subsection (c) or (d) of section 301 if--
</DELETED>
        <DELETED>    ``(I) the interest in the trust or investment fund 
        is acquired involuntarily during the period to be covered by 
        the report, such as through marriage or inheritance, 
        and</DELETED>
        <DELETED>    ``(II) for an individual described in subsection 
        (c), the individual executes a written ethics agreement 
        containing a commitment to divest the interest no later than 90 
        days after the date on which the report is due.</DELETED>
<DELETED>    ``(ii) An agreement described under clause (i)(II) shall 
be attached to the public financial disclosure which would otherwise 
include a listing of the holdings or sources of income from this trust 
or investment fund.</DELETED>
<DELETED>    ``(iii) Failure to divest within the time specified or 
after an extension granted by the Director of the Office of Government 
Ethics for good cause shown shall result in an immediate requirement to 
report as specified in paragraph (1).</DELETED>
<DELETED>    ``(g) Political campaign funds, including campaign 
receipts and expenditures, need not be included in any report filed 
pursuant to this title.</DELETED>
<DELETED>    ``(h) A report filed pursuant to subsection (a), (c), or 
(d) of section 301 need not contain the information described in 
subparagraphs (A), (B), and (C) of subsection (a)(2) with respect to 
gifts and reimbursements received in a period when the reporting 
individual was not an officer or employee of the Federal 
Government.</DELETED>
<DELETED>    ``(i) A reporting individual shall not be required under 
this title to report--</DELETED>
        <DELETED>    ``(1) financial interests in or income derived 
        from--</DELETED>
                <DELETED>    ``(A) any retirement system under title 5, 
                United States Code (including the Thrift Savings Plan 
                under subchapter III of chapter 84 of such title); 
                or</DELETED>
                <DELETED>    ``(B) any other retirement system 
                maintained by the United States for officers or 
                employees of the United States, including the 
                President, or for members of the uniformed services; 
                or</DELETED>
        <DELETED>    ``(2) benefits received under the Social Security 
        Act (42 U.S.C. 301 et seq.).</DELETED>
<DELETED>    ``(j)(1) Every month, each designated agency ethics 
officer shall submit to the Office of Government Ethics notification of 
any waiver of criminal conflict of interest laws granted to any 
individual in the preceding month with respect to a filing under this 
title that is not confidential.</DELETED>
<DELETED>    ``(2) Every month, the Office of Government Ethics shall 
make publicly available on the Internet--</DELETED>
        <DELETED>    ``(A) all notifications of waivers submitted under 
        paragraph (1) in the preceding month; and</DELETED>
        <DELETED>    ``(B) notification of all waivers granted by the 
        Office of Government Ethics in the preceding month.</DELETED>
<DELETED>    ``(k) A full copy of any waiver of criminal conflict of 
interest laws granted shall be included with any filing required under 
this title with respect to the year in which the waiver is 
granted.</DELETED>
<DELETED>    ``(l) The Office of Government Ethics shall provide upon 
request any waiver on file for which notice has been 
published.</DELETED>

<DELETED>``SEC. 303. FILING OF REPORTS.</DELETED>

<DELETED>    ``(a) Except as otherwise provided in this section, the 
reports required under this title shall be filed by the reporting 
individual with the designated agency ethics official at the agency by 
which he is employed (or in the case of an individual described in 
section 301(d), was employed) or in which he will serve. The date any 
report is received (and the date of receipt of any supplemental report) 
shall be noted on such report by such official.</DELETED>
<DELETED>    ``(b) Reports required to be filed under this title by the 
Director of the Office of Government Ethics shall be filed in the 
Office of Government Ethics and, immediately after being filed, shall 
be made available to the public in accordance with this 
title.</DELETED>
<DELETED>    ``(c) Reports required of members of the uniformed 
services shall be filed with the Secretary concerned.</DELETED>
<DELETED>    ``(d) The Office of Government Ethics shall develop and 
make available forms for reporting the information required by this 
title.</DELETED>

<DELETED>``SEC. 304. FAILURE TO FILE OR FILING FALSE REPORTS.</DELETED>

<DELETED>    ``(a) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
knowingly and willfully falsifies or who knowingly and willfully fails 
to file or report any information that such individual is required to 
report pursuant to section 302. The court in which such action is 
brought may assess against such individual a civil penalty in any 
amount, not to exceed $10,000.</DELETED>
<DELETED>    ``(b) The head of each agency, each Secretary concerned, 
or the Director of the Office of Government Ethics, as the case may be, 
shall refer to the Attorney General the name of any individual which 
such official has reasonable cause to believe has willfully failed to 
file a report or has willfully falsified or willfully failed to file 
information required to be reported.</DELETED>
<DELETED>    ``(c) The President, the Vice President, the Secretary 
concerned, or the head of each agency may take any appropriate 
personnel or other action in accordance with applicable law or 
regulation against any individual failing to file a report or 
falsifying or failing to report information required to be 
reported.</DELETED>
<DELETED>    ``(d)(1) Any individual who files a report required to be 
filed under this title more than 30 days after the later of--</DELETED>
        <DELETED>    ``(A) the date such report is required to be filed 
        pursuant to the provisions of this title and the rules and 
        regulations promulgated thereunder; or</DELETED>
        <DELETED>    ``(B) if a filing extension is granted to such 
        individual under section 301(g), the last day of the filing 
        extension period, shall, at the direction of and pursuant to 
        regulations issued by the Office of Government Ethics, pay a 
        filing fee of $500. All such fees shall be deposited in the 
        miscellaneous receipts of the Treasury. The authority under 
        this paragraph to direct the payment of a filing fee may be 
        delegated by the Office of Government Ethics to other agencies 
        in the executive branch.</DELETED>
<DELETED>    ``(2) The Office of Government Ethics may waive the filing 
fee under this subsection for good cause shown.</DELETED>

<DELETED>``SEC. 305. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.</DELETED>

<DELETED>    ``Any report filed with or transmitted to an agency or the 
Office of Government Ethics pursuant to this title shall be retained by 
such agency or Office, as the case may be, for a period of 6 years 
after receipt of the report. After such 6-year period the report shall 
be destroyed unless needed in an ongoing investigation, except that in 
the case of an individual who filed the report pursuant to section 
301(b) and was not subsequently confirmed by the Senate, such reports 
shall be destroyed 1 year after the individual is no longer under 
consideration by the Senate, unless needed in an ongoing 
investigation.</DELETED>

<DELETED>``SEC. 306. REVIEW OF REPORTS.</DELETED>

<DELETED>    ``(a) Each designated agency ethics official or Secretary 
concerned shall make provisions to ensure that each report filed with 
him under this title is reviewed within 60 days after the date of such 
filing, except that the Director of the Office of Government Ethics 
shall review only those reports required to be transmitted to him under 
this title within 60 days after the date of transmittal.</DELETED>
<DELETED>    ``(b)(1) If after reviewing any report under subsection 
(a), the Director of the Office of Government Ethics, the Secretary 
concerned, or the designated agency ethics official, as the case may 
be, is of the opinion that on the basis of information contained in 
such report the individual submitting such report is in compliance with 
applicable laws and regulations, he shall state such opinion on the 
report, and shall sign such report.</DELETED>
<DELETED>    ``(2) If the Director of the Office of Government Ethics, 
the Secretary concerned, or the designated agency ethics official after 
reviewing any report under subsection (a)--</DELETED>
        <DELETED>    ``(A) believes additional information is required 
        to be submitted to complete the form or to perform a conflict 
        of interest analysis, he shall notify the individual submitting 
        such report what additional information is required and the 
        time by which it must be submitted, or</DELETED>
        <DELETED>    ``(B) is of the opinion, on the basis of 
        information submitted, that the individual is not in compliance 
        with applicable laws and regulations, he shall notify the 
        individual, afford a reasonable opportunity for a written or 
        oral response, and after consideration of such response, reach 
        an opinion as to whether or not, on the basis of information 
        submitted, the individual is in compliance with such laws and 
        regulations.</DELETED>
<DELETED>    ``(3) If the Director of the Office of Government Ethics, 
the Secretary concerned, or the designated agency ethics official 
reaches an opinion under paragraph (2)(B) that an individual is not in 
compliance with applicable laws and regulations, the official shall 
notify the individual of that opinion and, after an opportunity for 
personal consultation (if practicable), determine and notify the 
individual of which steps, if any, would in the opinion of such 
official be appropriate for assuring compliance with such laws and 
regulations and the date by which such steps should be taken. Such 
steps may include, as appropriate--</DELETED>
        <DELETED>    ``(A) divestiture,</DELETED>
        <DELETED>    ``(B) restitution,</DELETED>
        <DELETED>    ``(C) the establishment of a blind 
        trust,</DELETED>
        <DELETED>    ``(D) request for an exemption under section 
        208(b) of title 18, United States Code, or</DELETED>
        <DELETED>    ``(E) voluntary request for transfer, 
        reassignment, limitation of duties, or resignation.</DELETED>
<DELETED>The use of any such steps shall be in accordance with such 
rules or regulations as the Office of Government Ethics may 
prescribe.</DELETED>
<DELETED>    ``(4) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under paragraph (3) 
by a member of the Foreign Service or the uniformed services, the 
Secretary concerned shall take appropriate action.</DELETED>
<DELETED>    ``(5) If steps for assuring compliance with applicable 
laws and regulations are not taken by the date set under paragraph (3) 
by any other officer or employee, the matter shall be referred to the 
head of the appropriate agency for appropriate action.</DELETED>
<DELETED>    ``(6) The Office of Government Ethics may render advisory 
opinions interpreting this title. Notwithstanding any other provision 
of law, the individual to whom a public advisory opinion is rendered in 
accordance with this paragraph, and any other individual covered by 
this title who is involved in a fact situation which is 
indistinguishable in all material aspects, and who acts in good faith 
in accordance with the provisions and findings of such advisory opinion 
shall not, as a result of such act, be subject to any penalty or 
sanction provided by this title.</DELETED>

<DELETED>``SEC. 307. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL 
              REQUIREMENTS.</DELETED>

<DELETED>    ``(a)(1) The Office of Government Ethics may require 
officers and employees of the executive branch (including special 
Government employees as defined in section 202 of title 18, United 
States Code) to file confidential financial disclosure reports, in such 
form as it may prescribe. The information required to be reported under 
this subsection by the officers and employees of any department or 
agency listed in section 301(e) shall be set forth in rules or 
regulations prescribed by the Office of Government Ethics, and may be 
less extensive than otherwise required by this title, or more extensive 
when determined by the Office of Government Ethics to be necessary and 
appropriate in light of sections 202 through 209 of title 18, United 
States Code, regulations promulgated thereunder, or the authorized 
activities of such officers or employees. Any individual required to 
file a report pursuant to section 301 shall not be required to file a 
confidential report pursuant to this subsection, except with respect to 
information which is more extensive than information otherwise required 
by this title. Section 305 shall not apply with respect to any such 
report.</DELETED>
<DELETED>    ``(2) Any information required to be provided by an 
individual under this subsection shall be confidential and shall not be 
disclosed to the public.</DELETED>
<DELETED>    ``(3) Nothing in this subsection exempts any individual 
otherwise covered by the requirement to file a public financial 
disclosure report under this title from such requirement.</DELETED>
<DELETED>    ``(b) The provisions of this title requiring the reporting 
of information shall supersede any general requirement under any other 
provision of law or regulation with respect to the reporting of 
information required for purposes of preventing conflicts of interest 
or apparent conflicts of interest. Such provisions of this title shall 
not supersede the requirements of section 7342 of title 5, United 
States Code.</DELETED>
<DELETED>    ``(c) Nothing in this Act requiring reporting of 
information shall be deemed to authorize the receipt of income, gifts, 
or reimbursements; the holding of assets, liabilities, or positions; or 
the participation in transactions that are prohibited by law, Executive 
order, rule, or regulation.</DELETED>

<DELETED>``SEC. 308. AUTHORITY OF COMPTROLLER GENERAL.</DELETED>

<DELETED>    ``The Comptroller General shall have access to financial 
disclosure reports filed under this title for the purposes of carrying 
out his statutory responsibilities.</DELETED>

<DELETED>``SEC. 309. DEFINITIONS.</DELETED>

<DELETED>    ``For the purposes of this title--</DELETED>
        <DELETED>    ``(1) the term `dependent child' means, when used 
        with respect to any reporting individual, any individual who is 
        a son, daughter, stepson, or stepdaughter and who--</DELETED>
                <DELETED>    ``(A) is unmarried and under age 21 and is 
                living in the household of such reporting individual; 
                or</DELETED>
                <DELETED>    ``(B) is a dependent of such reporting 
                individual within the meaning of section 152 of the 
                Internal Revenue Code of 1986 (26 U.S.C. 
                152);</DELETED>
        <DELETED>    ``(2) the term `designated agency ethics official' 
        means an officer or employee who is designated to administer 
        the provisions of this title within an agency;</DELETED>
        <DELETED>    ``(3) the term `executive branch' includes--
        </DELETED>
                <DELETED>    ``(A) each Executive agency (as defined in 
                section 105 of title 5, United States Code), other than 
                the General Accounting Office; and</DELETED>
                <DELETED>    ``(B) any other entity or administrative 
                unit in the executive branch;</DELETED>
        <DELETED>    ``(4) the term `gift' means a payment, advance, 
        forbearance, rendering, or deposit of money, or any thing of 
        value, unless consideration of equal or greater value is 
        received by the donor, but does not include--</DELETED>
                <DELETED>    ``(A) bequests and other forms of 
                inheritance;</DELETED>
                <DELETED>    ``(B) suitable mementos of a function 
                honoring the reporting individual;</DELETED>
                <DELETED>    ``(C) food, lodging, transportation, and 
                entertainment provided by a foreign government within a 
                foreign country or by the United States Government, the 
                District of Columbia, or a State or local government or 
                political subdivision thereof;</DELETED>
                <DELETED>    ``(D) food and beverages which are not 
                consumed in connection with a gift of overnight 
                lodging;</DELETED>
                <DELETED>    ``(E) communications to the offices of a 
                reporting individual, including subscriptions to 
                newspapers and periodicals; or</DELETED>
                <DELETED>    ``(F) items that are accepted pursuant to 
                or are required to be reported by the reporting 
                individual under section 7342 of title 5, United States 
                Code.</DELETED>
        <DELETED>    ``(5) the term `honorarium' means a payment of 
        money or anything of value for an appearance, speech, or 
        article;</DELETED>
        <DELETED>    ``(6) the term `income' means all income from 
        whatever source derived, including but not limited to the 
        following items: compensation for services, including fees, 
        commissions, and similar items; gross income derived from 
        business (and net income if the individual elects to include 
        it); gains derived from dealings in property; interest; rents; 
        royalties; prizes and awards; dividends; annuities; income from 
        life insurance and endowment contracts; pensions; income from 
        discharge of indebtedness; distributive share of partnership 
        income; and income from an interest in an estate or 
        trust;</DELETED>
        <DELETED>    ``(7) the term `personal hospitality of any 
        individual' means hospitality extended for a nonbusiness 
        purpose by an individual, not a corporation or organization, at 
        the personal residence of that individual or his family or on 
        property or facilities owned by that individual or his 
        family;</DELETED>
        <DELETED>    ``(8) the term `reimbursement' means any payment 
        or other thing of value received by the reporting individual, 
        other than gifts, to cover travel-related expenses of such 
        individual other than those which are--</DELETED>
                <DELETED>    ``(A) provided by the United States 
                Government, the District of Columbia, or a State or 
                local government or political subdivision 
                thereof;</DELETED>
                <DELETED>    ``(B) required to be reported by the 
                reporting individual under section 7342 of title 5, 
                United States Code; or</DELETED>
                <DELETED>    ``(C) required to be reported under 
                section 304 of the Federal Election Campaign Act of 
                1971 (2 U.S.C. 434);</DELETED>
        <DELETED>    ``(9) the term `relative' means an individual who 
        is related to the reporting individual, as father, mother, son, 
        daughter, brother, sister, uncle, aunt, great aunt, great 
        uncle, first cousin, nephew, niece, husband, wife, grandfather, 
        grandmother, grandson, granddaughter, father-in-law, mother-in-
        law, son-in-law, daughter-in-law, brother-in-law, sister-in-
        law, stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or who is 
        the grandfather or grandmother of the spouse of the reporting 
        individual, and shall be deemed to include the fiance or 
        fiancee of the reporting individual;</DELETED>
        <DELETED>    ``(10) the term `Secretary concerned' has the 
        meaning set forth in section 101(a)(9) of title 10, United 
        States Code; and</DELETED>
        <DELETED>    ``(11) the term `value' means a good faith 
        estimate of the dollar value if the exact value is neither 
        known nor easily obtainable by the reporting 
        individual.</DELETED>

<DELETED>``SEC. 310. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS 
              AGREEMENTS.</DELETED>

<DELETED>    ``(a) In any case in which an individual agrees with that 
individual's designated agency ethics official, the Office of 
Government Ethics, or a Senate confirmation committee, to take any 
action to comply with this Act or any other law or regulation governing 
conflicts of interest of, or establishing standards of conduct 
applicable with respect to, officers or employees of the Government, 
that individual shall notify in writing the designated agency ethics 
official, the Office of Government Ethics, or the appropriate committee 
of the Senate, as the case may be, of any action taken by the 
individual pursuant to that agreement. Such notification shall be made 
not later than the date specified in the agreement by which action by 
the individual must be taken, or not later than 3 months after the date 
of the agreement, if no date for action is so specified. If all actions 
agreed to have not been completed by the date of this notification, 
such notification shall continue on a monthly basis thereafter until 
the individual has met the terms of the agreement.</DELETED>
<DELETED>    ``(b) If an agreement described in subsection (a) requires 
that the individual recuse himself or herself from particular 
categories of agency or other official action, the individual shall 
reduce to writing those subjects regarding which the recusal agreement 
will apply and the process by which it will be determined whether the 
individual must recuse himself or herself in a specific instance. An 
individual shall be considered to have complied with the requirements 
of subsection (a) with respect to such recusal agreement if such 
individual files a copy of the document setting forth the information 
described in the preceding sentence with such individual's designated 
agency ethics official or the Office of Government Ethics within the 
time prescribed in the penultimate sentence of subsection 
(a).</DELETED>

<DELETED>``SEC. 311. ADMINISTRATION OF PROVISIONS.</DELETED>

<DELETED>    ``The Office of Government Ethics shall issue regulations, 
develop forms, and provide such guidance as is necessary to implement 
and interpret this title.''.</DELETED>
<DELETED>    (b) Exemption From Public Access to Financial 
Disclosures.--Section 105(a)(1) of such Act is amended by inserting 
``the Office of the National Intelligence Director,'' before ``the 
Central Intelligence Agency''.</DELETED>
<DELETED>    (c) Conforming Amendment.--Section 101(f) of such Act is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (12), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>``but do not include any officer or employee of any department 
or agency listed in section 301(e).''.</DELETED>

<DELETED>SEC. 5044. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH 
              SENATE CONFIRMATION.</DELETED>

<DELETED>    (a) Definition.--In this section, the term ``agency'' 
means an Executive agency, as defined under section 105 of title 5, 
United States Code.</DELETED>
<DELETED>    (b) Reduction Plan.--</DELETED>
        <DELETED>    (1) 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--</DELETED>
                <DELETED>    (A) the President;</DELETED>
                <DELETED>    (B) the Committee on Governmental Affairs 
                of the Senate; and</DELETED>
                <DELETED>    (C) the Committee on Government Reform of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Content.--The plan under this subsection shall 
        provide for the reduction of--</DELETED>
                <DELETED>    (A) 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</DELETED>
                <DELETED>    (B) the number of levels of such positions 
                within that agency.</DELETED>

<DELETED>SEC. 5045. EFFECTIVE DATES.</DELETED>

<DELETED>    (a) Section 5043.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        amendments made by section 5043 shall take effect on January 1 
        of the year following the year in which occurs the date of 
        enactment of this Act.</DELETED>
        <DELETED>    (2) Later date.--If this Act is enacted on or 
        after July 1 of a year, the amendments made by section 301 
        shall take effect on July 1 of the following year.</DELETED>
<DELETED>    (b) Section 5044.--Section 5044 shall take effect on the 
date of enactment of this Act.</DELETED>

          <DELETED>CHAPTER 2--FEDERAL BUREAU OF INVESTIGATION 
                        REVITALIZATION</DELETED>

<DELETED>SEC. 5051. MANDATORY SEPARATION AGE.</DELETED>

<DELETED>    (a) Civil Service Retirement System.--Section 8335(b) of 
title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``(b)'' and inserting ``(b)(1)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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 authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.</DELETED>
<DELETED>    (b) Federal Employees' Retirement System.--Section 8425(b) 
of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``(b)'' and inserting ``(b)(1)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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 authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.</DELETED>

<DELETED>SEC. 5052. RETENTION AND RELOCATION BONUSES.</DELETED>

<DELETED>    (a) In General.--Subchapter IV of chapter 57 of title 5, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 5759. Retention and relocation bonuses for the Federal 
              Bureau of Investigation</DELETED>
<DELETED>    ``(a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the Office of 
Personnel Management, may pay, on a case-by-case basis, a bonus under 
this section to an employee of the Bureau if--</DELETED>
        <DELETED>    ``(1)(A) the unusually high or unique 
        qualifications of the employee or a special need of the Bureau 
        for the employee's services makes it essential to retain the 
        employee; and</DELETED>
        <DELETED>    ``(B) the Director of the Federal Bureau of 
        Investigation determines that, in the absence of such a bonus, 
        the employee would be likely to leave--</DELETED>
                <DELETED>    ``(i) the Federal service; or</DELETED>
                <DELETED>    ``(ii) for a different position in the 
                Federal service; or</DELETED>
        <DELETED>    ``(2) the individual is transferred to a different 
        geographic area with a higher cost of living (as determined by 
        the Director of the Federal Bureau of Investigation).</DELETED>
<DELETED>    ``(b) Service Agreement.--Payment of a bonus under this 
section is contingent upon the employee entering into a written service 
agreement with the Bureau to complete a period of service with the 
Bureau. Such agreement shall include--</DELETED>
        <DELETED>    ``(1) the period of service the individual shall 
        be required to complete in return for the bonus; and</DELETED>
        <DELETED>    ``(2) the conditions under which the agreement may 
        be terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.</DELETED>
<DELETED>    ``(c) Limitation on Authority.--A bonus paid under this 
section may not exceed 50 percent of the employee's basic 
pay.</DELETED>
<DELETED>    ``(d) Impact on Basic Pay.--A retention bonus is not part 
of the basic pay of an employee for any purpose.</DELETED>
<DELETED>    ``(e) Termination of Authority.--The authority to grant 
bonuses under this section shall cease to be available after December 
31, 2009.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 57 of 
title 5, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``5759. Retention and relocation bonuses for the Federal 
                            Bureau of Investigation.''.

<DELETED>SEC. 5053. FEDERAL BUREAU OF INVESTIGATION RESERVE 
              SERVICE.</DELETED>

<DELETED>    (a) In General.--Chapter 35 of title 5, United States 
Code, is amended by adding at the end the following:</DELETED>

 <DELETED>``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES 
            AT THE FEDERAL BUREAU OF INVESTIGATION</DELETED>

<DELETED>``Sec. 3598. Federal Bureau of Investigation Reserve 
              Service</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Membership.--Membership in the FBI Reserve Service 
shall be limited to individuals who previously served as full-time 
employees of the Bureau.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Limitation on Membership.--Membership of the FBI 
Reserve Service is not to exceed 500 members at any given 
time.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 35 of 
title 5, United States Code, is amended by adding at the end the 
following:</DELETED>

  ``subchapter vii--retention of retired specialized employees at the 
                    federal bureau of investigation
<DELETED>``3598. Federal Bureau of Investigation Reserve Service.''.

<DELETED>SEC. 5054. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF 
              INVESTIGATION INTELLIGENCE DIRECTORATE.</DELETED>

<DELETED>    Section 5377(a)(2) of title 5, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by striking ``and'' at the end of subparagraph 
        (E);</DELETED>
        <DELETED>    (2) by striking the period at the end of 
        subparagraph (F) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (F) the 
        following:</DELETED>
                <DELETED>    ``(G) a position at the Federal Bureau of 
                Investigation, the primary duties and responsibilities 
                of which relate to intelligence functions (as 
                determined by the Director of the Federal Bureau of 
                Investigation).''.</DELETED>

           <DELETED>CHAPTER 3--MANAGEMENT AUTHORITY</DELETED>

<DELETED>SEC. 5061. MANAGEMENT AUTHORITY.</DELETED>

<DELETED>    (a) Management Authority.--Section 7103(b)(1)(A) of title 
5, United States Code, is amended by adding ``homeland security,'' 
after ``investigative,''.</DELETED>
<DELETED>    (b) Exclusionary Authority.--Section 842 of the Homeland 
Security Act (Public Law 107-296; 6 U.S.C. 412) is repealed.</DELETED>

    <DELETED>Subtitle F--Security Clearance Modernization</DELETED>

<DELETED>SEC. 5071. DEFINITIONS.</DELETED>

<DELETED>    In this subtitle:</DELETED>
        <DELETED>    (1) The term ``Director'' means the National 
        Intelligence Director.</DELETED>
        <DELETED>    (2) The term ``agency'' means--</DELETED>
                <DELETED>    (A) an executive agency, as defined in 
                section 105 of title 5, United States Code;</DELETED>
                <DELETED>    (B) a military department, as defined in 
                section 102 of title 5, United States Code; 
                and</DELETED>
                <DELETED>    (C) elements of the intelligence 
                community, as defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)).</DELETED>
        <DELETED>    (3) The term ``authorized investigative agency'' 
        means an agency authorized by law, regulation or direction of 
        the Director 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.</DELETED>
        <DELETED>    (4) The term ``authorized adjudicative agency'' 
        means an agency authorized by law, regulation or direction of 
        the Director to determine eligibility for access to classified 
        information in accordance with Executive Order 12968.</DELETED>
        <DELETED>    (5) The term ``highly sensitive program'' means--
        </DELETED>
                <DELETED>    (A) a government program designated as a 
                Special Access Program (as defined by section 4.1(h) of 
                Executive Order 12958); and</DELETED>
                <DELETED>    (B) a government program that applies 
                restrictions required for--</DELETED>
                        <DELETED>    (i) Restricted Data (as defined by 
                        section 11 y. of the Atomic Energy Act of 1954 
                        (42 U.S.C. 2014(y)); or</DELETED>
                        <DELETED>    (ii) other information commonly 
                        referred to as ``Sensitive Compartmented 
                        Information''.</DELETED>
        <DELETED>    (6) The term ``current investigation file'' means, 
        with respect to a security clearance, a file on an 
        investigation or adjudication that has been conducted during--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the 10-year period beginning on the 
                date the security clearance was granted in the case of 
                a Secret Clearance; and</DELETED>
                <DELETED>    (C) the 15-year period beginning on the 
                date the security clearance was granted in the case of 
                a Confidential Clearance.</DELETED>
        <DELETED>    (7) 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.</DELETED>
        <DELETED>    (8) The term ``periodic reinvestigations'' means--
        </DELETED>
                <DELETED>    (A) investigations conducted for the 
                purpose of updating a previously completed background 
                investigation--</DELETED>
                        <DELETED>    (i) every five years in the case 
                        of a Top Secret Clearance or access to a highly 
                        sensitive program;</DELETED>
                        <DELETED>    (ii) every 10 years in the case of 
                        a Secret Clearance; and</DELETED>
                        <DELETED>    (iii) every 15 years in the case 
                        of a Confidential Clearance;</DELETED>
                <DELETED>    (B) on-going investigations to identify 
                personnel security risks as they develop, pursuant to 
                section 105(c).</DELETED>
        <DELETED>    (9) The term ``appropriate committees of 
        Congress'' means--</DELETED>
                <DELETED>    (A) the Permanent Select Committee on 
                Intelligence and the Committees on Armed Services, 
                Judiciary, and Government Reform of the House of 
                Representatives; and</DELETED>
                <DELETED>    (B) the Select Committee on Intelligence 
                and the Committees on Armed Services, Judiciary, and 
                Governmental Affairs of the Senate.</DELETED>

<DELETED>SEC. 5072. SECURITY CLEARANCE AND INVESTIGATIVE PROGRAMS 
              OVERSIGHT AND ADMINISTRATION.</DELETED>

<DELETED>    The Deputy National Intelligence Director for Community 
Management and Resources shall have responsibility for the 
following:</DELETED>
        <DELETED>    (1) Directing day-to-day oversight of 
        investigations and adjudications for personnel security 
        clearances to highly sensitive programs throughout the Federal 
        Government.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Serving as the final authority to designate an 
        authorized investigative agency or authorized adjudicative 
        agency pursuant to section 5074(d).</DELETED>
        <DELETED>    (4) Ensuring reciprocal recognition of access to 
        classified information among agencies, including acting as the 
        final authority to arbitrate and resolve disputes involving the 
        reciprocity of security clearances and access to highly 
        sensitive programs.</DELETED>
        <DELETED>    (5) Ensuring, to the maximum extent practicable, 
        that sufficient resources are available in each agency to 
        achieve clearance and investigative program goals.</DELETED>
        <DELETED>    (6) Reviewing and coordinating the development of 
        tools and techniques for enhancing the conduct of 
        investigations and granting of clearances.</DELETED>

<DELETED>SEC. 5073. RECIPROCITY OF SECURITY CLEARANCE AND ACCESS 
              DETERMINATIONS.</DELETED>

<DELETED>    (a) Requirement for Reciprocity.--(1) All security 
clearance background investigations and determinations completed by an 
authorized investigative agency or authorized adjudicative agency shall 
be accepted by all agencies.</DELETED>
<DELETED>    (2) All security clearance background investigations 
initiated by an authorized investigative agency shall be transferable 
to any other authorized investigative agency.</DELETED>
<DELETED>    (b) Prohibition on Establishing Additional Requirements.--
(1) An authorized investigative agency or authorized adjudicative 
agency may not establish additional investigative or adjudicative 
requirements (other than requirements for the conduct of a polygraph 
examination) that exceed requirements specified in Executive Orders 
establishing security requirements for access to classified 
information.</DELETED>
<DELETED>    (2) Notwithstanding the paragraph (1), the Director may 
establish additional requirements as needed for national security 
purposes.</DELETED>
<DELETED>    (c) Prohibition on Duplicative Investigations.--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.</DELETED>

<DELETED>SEC. 5074. ESTABLISHMENT OF NATIONAL DATABASE .</DELETED>

<DELETED>    (a) Establishment.--Not later than 12 months after the 
date of the enactment of this Act, the Director of the Office of 
Personnel Management, in cooperation with the Director, shall 
establish, and begin operating and maintaining, an integrated, secure, 
national 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.</DELETED>
<DELETED>    (b) Integration.--The national database established under 
subsection (a) shall function to integrate information from existing 
Federal clearance tracking systems from other authorized investigative 
and adjudicative agencies into a single consolidated 
database.</DELETED>
<DELETED>    (c) Requirement to Check Database.--Each authorized 
investigative or adjudicative agency shall check the national database 
established under subsection (a) 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.</DELETED>
<DELETED>    (d) Certification of Authorized Investigative Agencies or 
Authorized Adjudicative Agencies.--The Director shall evaluate the 
extent to which an agency is submitting information to, and requesting 
information from, the national database established under subsection 
(a) as part of a determination of whether to certify the agency as an 
authorized investigative agency or authorized adjudicative 
agency.</DELETED>
<DELETED>    (e) Exclusion of Certain Intelligence Operatives.--The 
Director may authorize an agency to withhold information about certain 
individuals from the database established under subsection (a) if the 
Director determines it is necessary for national security 
purposes.</DELETED>
<DELETED>    (f) Compliance.--The Director shall establish a review 
procedure by which agencies can seek review of actions required under 
section 5073.</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There is authorized 
to be appropriated such sums as may be necessary for fiscal year 2005 
and each subsequent fiscal year for the implementation, maintenance and 
operation of the database established in subsection (a).</DELETED>

<DELETED>SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEARANCE 
              INVESTIGATIONS.</DELETED>

<DELETED>    (a) Investigations.--Not later than 12 months after the 
date of the enactment of this Act, each authorized investigative agency 
that conducts personnel security clearance investigations shall use, to 
the maximum extent practicable, available information technology and 
databases to expedite investigative processes and to verify standard 
information submitted as part of an application for a security 
clearance.</DELETED>
<DELETED>    (b) Interim Clearance.--If the application of an applicant 
for an interim clearance has been processed using the technology under 
subsection (a), the interim clearances for the applicant at the secret, 
top secret, and special access program levels may be granted before the 
completion of the appropriate investigation. Any request to process an 
interim clearance shall be given priority, and the authority granting 
the interim clearance shall ensure that final adjudication on the 
application is made within 90 days after the initial clearance is 
granted.</DELETED>
<DELETED>    (c) On-Going Monitoring of Individuals With Security 
Clearances.--(1) Authorized investigative agencies and authorized 
adjudicative agencies shall establish procedures for the regular, 
ongoing verification of personnel with security clearances in effect 
for continued access to classified information. Such procedures shall 
include the use of available technology to detect, on a regularly 
recurring basis, any issues of concern that may arise involving such 
personnel and such access.</DELETED>
<DELETED>    (2) Such regularly recurring verification may be used as a 
basis for terminating a security clearance or access and shall be used 
in periodic reinvestigations to address emerging threats and adverse 
events associated with individuals with security clearances in effect 
to the maximum extent practicable.</DELETED>
<DELETED>    (3) If the Director certifies that the national security 
of the United States is not harmed by the discontinuation of periodic 
reinvestigations, the regularly recurring verification under this 
section may replace periodic reinvestigations.</DELETED>

<DELETED>SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE 
              PROCESS.</DELETED>

<DELETED>    (a) 60-Day Period for Determination on Clearances.--Each 
authorized adjudicative agency shall make a determination on an 
application for a personnel security clearance within 60 days after the 
date of receipt of the completed application for a security clearance 
by an authorized investigative agency. The 60-day period shall 
include--</DELETED>
        <DELETED>    (1) a period of not longer than 40 days to 
        complete the investigative phase of the clearance review; 
        and</DELETED>
        <DELETED>    (2) a period of not longer than 20 days to 
        complete the adjudicative phase of the clearance 
        review.</DELETED>
<DELETED>    (b) Effective Date and Phase-in.--</DELETED>
        <DELETED>    (1) Effective date.--Subsection (a) shall take 
        effect 5 years after the date of the enactment of this 
        Act.</DELETED>
        <DELETED>    (2) Phase-in.--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 subsection (a) 
        takes effect as specified in paragraph (1), each authorized 
        adjudicative agency shall make a determination on an 
        application for a personnel security clearance pursuant to this 
        title within 120 days after the date of receipt of the 
        application for a security clearance by an authorized 
        investigative agency. The 120-day period shall include--
        </DELETED>
                <DELETED>    (A) a period of not longer than 90 days to 
                complete the investigative phase of the clearance 
                review; and</DELETED>
                <DELETED>    (B) a period of not longer than 30 days to 
                complete the adjudicative phase of the clearance 
                review.</DELETED>

<DELETED>SEC. 5077. SECURITY CLEARANCES FOR PRESIDENTIAL 
              TRANSITION.</DELETED>

<DELETED>    (a) Candidates for National Security Positions.--(1) The 
President-elect shall submit to the Director the names of candidates 
for high-level national security positions, for positions at the level 
of under secretary of executive departments and above, 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.</DELETED>
<DELETED>    (2) The Director shall be responsible for the expeditious 
completion of 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.</DELETED>
<DELETED>    (b) Security Clearances for Transition Team Members.--(1) 
In this section, the term ``major party'' has the meaning provided 
under section 9002(6) of the Internal Revenue Code of 1986.</DELETED>
<DELETED>    (2) Each major party candidate for President, except a 
candidate who is the incumbent President, shall submit, before the date 
of the general presidential 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.</DELETED>
<DELETED>    (3) 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 presidential election.</DELETED>

<DELETED>SEC. 5078. REPORTS.</DELETED>

<DELETED>    Not later than February 15, 2006, and annually thereafter 
through 2016, the Director shall submit to the appropriate committees 
of Congress a report on the progress made during the preceding year 
toward meeting the requirements specified in this Act. The report shall 
include--</DELETED>
        <DELETED>    (1) the periods of time required by the authorized 
        investigative agencies and authorized adjudicative agencies 
        during the year covered by the report 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;</DELETED>
        <DELETED>    (2) a discussion of any impediments to the smooth 
        and timely functioning of the implementation of this title; 
        and</DELETED>
        <DELETED>    (3) such other information or recommendations as 
        the Deputy Director deems appropriate.</DELETED>

    <DELETED>Subtitle G--Emergency Financial Preparedness</DELETED>

<DELETED>SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY OF THE 
              TREASURY.</DELETED>

<DELETED>    Subsection (d) of section 306 of title 31, United States 
Code, is amended by inserting ``or employee'' after ``another 
officer''.</DELETED>

<DELETED>SEC. 5082. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE 
              SECURITIES AND EXCHANGE COMMISSION.</DELETED>

<DELETED>    (a) Extension of Authority.--Paragraph (2) of section 
12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is 
amended to read as follows:</DELETED>
        <DELETED>    ``(2) Emergency orders.--(A) 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--
        </DELETED>
                <DELETED>    ``(i) to maintain or restore fair and 
                orderly securities markets (other than markets in 
                exempted securities);</DELETED>
                <DELETED>    ``(ii) to ensure prompt, accurate, and 
                safe clearance and settlement of transactions in 
                securities (other than exempted securities); 
                or</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(B) An order of the Commission under this 
        paragraph (2) shall continue in effect for the period specified 
        by the Commission, and may be extended. Except as provided in 
        subparagraph (C), the Commission's action may not continue in 
        effect for more than 30 business days, including 
        extensions.</DELETED>
        <DELETED>    ``(C) An order of the Commission under this 
        paragraph (2) may be extended to continue in effect for more 
        than 30 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 30 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 (2) continue in effect for more 
        than 90 calendar days.</DELETED>
        <DELETED>    ``(D) 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. In exercising its authority under this 
        paragraph, the Commission shall not be required to comply with 
        the provisions of section 553 of title 5, United States Code, 
        or with the provisions of section 19(c) of this 
        title.</DELETED>
        <DELETED>    ``(E) Notwithstanding the exclusion of exempted 
        securities (and markets therein) from the Commission's 
        authority under subparagraph (A), the Commission may use such 
        authority to take action to alter, supplement, suspend, or 
        impose requirements or restrictions with respect to clearing 
        agencies for transactions in such exempted securities. In 
        taking any action under this subparagraph, the Commission shall 
        consult with and consider the views of the Secretary of the 
        Treasury.''.</DELETED>
<DELETED>    (b) Consultation; Definition of Emergency.--Section 12(k) 
of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is further 
amended by striking paragraph (6) and inserting the 
following:</DELETED>
        <DELETED>    ``(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, 
        Board of Governors of the Federal Reserve System, and the 
        Commodity Futures Trading Commission, unless such consultation 
        is impracticable in light of the emergency.</DELETED>
        <DELETED>    ``(7) Definitions.--</DELETED>
                <DELETED>    ``(A) Emergency.--For purposes of this 
                subsection, the term `emergency' means--</DELETED>
                        <DELETED>    ``(i) a major market disturbance 
                        characterized by or constituting--</DELETED>
                                <DELETED>    ``(I) sudden and excessive 
                                fluctuations of securities prices 
                                generally, or a substantial threat 
                                thereof, that threaten fair and orderly 
                                markets; or</DELETED>
                                <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) a major disturbance that 
                        substantially disrupts, or threatens to 
                        substantially disrupt--</DELETED>
                                <DELETED>    ``(I) the functioning of 
                                securities markets, investment 
                                companies, or any other significant 
                                portion or segment of the securities 
                                markets; or</DELETED>
                                <DELETED>    ``(II) the transmission or 
                                processing of securities 
                                transactions.</DELETED>
                <DELETED>    ``(B) Securities laws.--Notwithstanding 
                section 3(a)(47), for purposes of this subsection, the 
                term `securities laws' does not include the Public 
                Utility Holding Company Act of 1935 (15 U.S.C. 79a et 
                seq.).''.</DELETED>

<DELETED>SEC. 5083. PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY 
              WITH RESPECT TO GOVERNMENT SECURITIES.</DELETED>

<DELETED>    Section 15C of the Securities Exchange Act of 1934 (15 
U.S.C. 78o-5) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(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 thereunder, 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) of this title with respect 
to transactions in securities (other than exempted securities) or a 
market therein (or significant portion or segment of that 
market).''.</DELETED>

              <DELETED>Subtitle H--Other Matters</DELETED>

             <DELETED>Chapter 1--Privacy Matters</DELETED>

<DELETED>SEC. 5091. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO 
              CONSIDERATION IMPACTS ON INDIVIDUAL PRIVACY.</DELETED>

<DELETED>    (a) Short Title.--This section may be cited as the 
``Federal Agency Protection of Privacy Act of 2004''.</DELETED>
<DELETED>    (b) In General.--Title 5, United States Code, is amended 
by adding after section 553 the following new section:</DELETED>
<DELETED>``Sec. 553a. Privacy impact assessment in rulemaking</DELETED>
<DELETED>    ``(a) Initial Privacy Impact Assessment.--</DELETED>
        <DELETED>    ``(1) In general.--Whenever an agency is required 
        by section 553 of this title, or any other law, to publish a 
        general notice of proposed rulemaking for a proposed rule, or 
        publishes a notice of proposed rulemaking for an interpretative 
        rule involving the internal revenue laws of the United States, 
        and such rule or proposed rulemaking pertains to the 
        collection, maintenance, use, or disclosure of personally 
        identifiable information from 10 or more individuals, other 
        than agencies, instrumentalities, or employees of the Federal 
        government, the agency shall prepare and make available for 
        public comment an initial privacy impact assessment that 
        describes the impact of the proposed rule on the privacy of 
        individuals. Such assessment or a summary thereof shall be 
        signed by the senior agency official with primary 
        responsibility for privacy policy and be published in the 
        Federal Register at the time of the publication of a general 
        notice of proposed rulemaking for the rule.</DELETED>
        <DELETED>    ``(2) Contents.--Each initial privacy impact 
        assessment required under this subsection shall contain the 
        following:</DELETED>
                <DELETED>    ``(A) A description and analysis of the 
                extent to which the proposed rule will impact the 
                privacy interests of individuals, including the extent 
                to which the proposed rule--</DELETED>
                        <DELETED>    ``(i) provides notice of the 
                        collection of personally identifiable 
                        information, and specifies what personally 
                        identifiable information is to be collected and 
                        how it is to be collected, maintained, used, 
                        and disclosed;</DELETED>
                        <DELETED>    ``(ii) allows access to such 
                        information by the person to whom the 
                        personally identifiable information pertains 
                        and provides an opportunity to correct 
                        inaccuracies;</DELETED>
                        <DELETED>    ``(iii) prevents such information, 
                        which is collected for one purpose, from being 
                        used for another purpose; and</DELETED>
                        <DELETED>    ``(iv) provides security for such 
                        information.</DELETED>
                <DELETED>    ``(B) A description of any significant 
                alternatives to the proposed rule which accomplish the 
                stated objectives of applicable statutes and which 
                minimize any significant privacy impact of the proposed 
                rule on individuals.</DELETED>
<DELETED>    ``(b) Final Privacy Impact Assessment.--</DELETED>
        <DELETED>    ``(1) In general.--Whenever an agency promulgates 
        a final rule under section 553 of this title, after being 
        required by that section or any other law to publish a general 
        notice of proposed rulemaking, or promulgates a final 
        interpretative rule involving the internal revenue laws of the 
        United States, and such rule or proposed rulemaking pertains to 
        the collection, maintenance, use, or disclosure of personally 
        identifiable information from 10 or more individuals, other 
        than agencies, instrumentalities, or employees of the Federal 
        government, the agency shall prepare a final privacy impact 
        assessment, signed by the senior agency official with primary 
        responsibility for privacy policy.</DELETED>
        <DELETED>    ``(2) Contents.--Each final privacy impact 
        assessment required under this subsection shall contain the 
        following:</DELETED>
                <DELETED>    ``(A) A description and analysis of the 
                extent to which the final rule will impact the privacy 
                interests of individuals, including the extent to which 
                such rule--</DELETED>
                        <DELETED>    ``(i) provides notice of the 
                        collection of personally identifiable 
                        information, and specifies what personally 
                        identifiable information is to be collected and 
                        how it is to be collected, maintained, used, 
                        and disclosed;</DELETED>
                        <DELETED>    ``(ii) allows access to such 
                        information by the person to whom the 
                        personally identifiable information pertains 
                        and provides an opportunity to correct 
                        inaccuracies;</DELETED>
                        <DELETED>    ``(iii) prevents such information, 
                        which is collected for one purpose, from being 
                        used for another purpose; and</DELETED>
                        <DELETED>    ``(iv) provides security for such 
                        information.</DELETED>
                <DELETED>    ``(B) A summary of any significant issues 
                raised by the public comments in response to the 
                initial privacy impact assessment, a summary of the 
                analysis of the agency of such issues, and a statement 
                of any changes made in such rule as a result of such 
                issues.</DELETED>
                <DELETED>    ``(C) A description of the steps the 
                agency has taken to minimize the significant privacy 
                impact on individuals consistent with the stated 
                objectives of applicable statutes, including a 
                statement of the factual, policy, and legal reasons for 
                selecting the alternative adopted in the final rule and 
                why each one of the other significant alternatives to 
                the rule considered by the agency which affect the 
                privacy interests of individuals was 
                rejected.</DELETED>
        <DELETED>    ``(3) Availability to public.--The agency shall 
        make copies of the final privacy impact assessment available to 
        members of the public and shall publish in the Federal Register 
        such assessment or a summary thereof.</DELETED>
<DELETED>    ``(c) Waivers.--</DELETED>
        <DELETED>    ``(1) Emergencies.--An agency head may waive or 
        delay the completion of some or all of the requirements of 
        subsections (a) and (b) to the same extent as the agency head 
        may, under section 608, waive or delay the completion of some 
        or all of the requirements of sections 603 and 604, 
        respectively.</DELETED>
        <DELETED>    ``(2) National security.--An agency head may, for 
        national security reasons, or to protect from disclosure 
        classified information, confidential commercial information, or 
        information the disclosure of which may adversely affect a law 
        enforcement effort, waive or delay the completion of some or 
        all of the following requirements:</DELETED>
                <DELETED>    ``(A) The requirement of subsection (a)(1) 
                to make an assessment available for public 
                comment.</DELETED>
                <DELETED>    ``(B) The requirement of subsection (a)(1) 
                to have an assessment or summary thereof published in 
                the Federal Register.</DELETED>
                <DELETED>    ``(C) The requirements of subsection 
                (b)(3).</DELETED>
<DELETED>    ``(d) Procedures for Gathering Comments.--When any rule is 
promulgated which may have a significant privacy impact on individuals, 
or a privacy impact on a substantial number of individuals, the head of 
the agency promulgating the rule or the official of the agency with 
statutory responsibility for the promulgation of the rule shall assure 
that individuals have been given an opportunity to participate in the 
rulemaking for the rule through techniques such as--</DELETED>
        <DELETED>    ``(1) the inclusion in an advance notice of 
        proposed rulemaking, if issued, of a statement that the 
        proposed rule may have a significant privacy impact on 
        individuals, or a privacy impact on a substantial number of 
        individuals;</DELETED>
        <DELETED>    ``(2) the publication of a general notice of 
        proposed rulemaking in publications of national circulation 
        likely to be obtained by individuals;</DELETED>
        <DELETED>    ``(3) the direct notification of interested 
        individuals;</DELETED>
        <DELETED>    ``(4) the conduct of open conferences or public 
        hearings concerning the rule for individuals, including 
        soliciting and receiving comments over computer networks; 
        and</DELETED>
        <DELETED>    ``(5) the adoption or modification of agency 
        procedural rules to reduce the cost or complexity of 
        participation in the rulemaking by individuals.</DELETED>
<DELETED>    ``(e) Periodic Review of Rules.--</DELETED>
        <DELETED>    ``(1) In general.--Each agency shall carry out a 
        periodic review of the rules promulgated by the agency that 
        have a significant privacy impact on individuals, or a privacy 
        impact on a substantial number of individuals. Under such 
        periodic review, the agency shall determine, for each such 
        rule, whether the rule can be amended or rescinded in a manner 
        that minimizes any such impact while remaining in accordance 
        with applicable statutes. For each such determination, the 
        agency shall consider the following factors:</DELETED>
                <DELETED>    ``(A) The continued need for the 
                rule.</DELETED>
                <DELETED>    ``(B) The nature of complaints or comments 
                received from the public concerning the rule.</DELETED>
                <DELETED>    ``(C) The complexity of the 
                rule.</DELETED>
                <DELETED>    ``(D) The extent to which the rule 
                overlaps, duplicates, or conflicts with other Federal 
                rules, and, to the extent feasible, with State and 
                local governmental rules.</DELETED>
                <DELETED>    ``(E) The length of time since the rule 
                was last reviewed under this subsection.</DELETED>
                <DELETED>    ``(F) The degree to which technology, 
                economic conditions, or other factors have changed in 
                the area affected by the rule since the rule was last 
                reviewed under this subsection.</DELETED>
        <DELETED>    ``(2) Plan required.--Each agency shall carry out 
        the periodic review required by paragraph (1) in accordance 
        with a plan published by such agency in the Federal Register. 
        Each such plan shall provide for the review under this 
        subsection of each rule promulgated by the agency not later 
        than 10 years after the date on which such rule was published 
        as the final rule and, thereafter, not later than 10 years 
        after the date on which such rule was last reviewed under this 
        subsection. The agency may amend such plan at any time by 
        publishing the revision in the Federal Register.</DELETED>
        <DELETED>    ``(3) Annual publication.--Each year, each agency 
        shall publish in the Federal Register a list of the rules to be 
        reviewed by such agency under this subsection during the 
        following year. The list shall include a brief description of 
        each such rule and the need for and legal basis of such rule 
        and shall invite public comment upon the determination to be 
        made under this subsection with respect to such rule.</DELETED>
<DELETED>    ``(f) Judicial Review.--</DELETED>
        <DELETED>    ``(1) In general.--For any rule subject to this 
        section, an individual who is adversely affected or aggrieved 
        by final agency action is entitled to judicial review of agency 
        compliance with the requirements of subsections (b) and (c) in 
        accordance with chapter 7. Agency compliance with subsection 
        (d) shall be judicially reviewable in connection with judicial 
        review of subsection (b).</DELETED>
        <DELETED>    ``(2) Jurisdiction.--Each court having 
        jurisdiction to review such rule for compliance with section 
        553, or under any other provision of law, shall have 
        jurisdiction to review any claims of noncompliance with 
        subsections (b) and (c) in accordance with chapter 7. Agency 
        compliance with subsection (d) shall be judicially reviewable 
        in connection with judicial review of subsection (b).</DELETED>
        <DELETED>    ``(3) Limitations.--</DELETED>
                <DELETED>    ``(A) An individual may seek such review 
                during the period beginning on the date of final agency 
                action and ending 1 year later, except that where a 
                provision of law requires that an action challenging a 
                final agency action be commenced before the expiration 
                of 1 year, such lesser period shall apply to an action 
                for judicial review under this subsection.</DELETED>
                <DELETED>    ``(B) In the case where an agency delays 
                the issuance of a final privacy impact assessment 
                pursuant to subsection (c), an action for judicial 
                review under this section shall be filed not later 
                than--</DELETED>
                        <DELETED>    ``(i) 1 year after the date the 
                        assessment is made available to the public; 
                        or</DELETED>
                        <DELETED>    ``(ii) where a provision of law 
                        requires that an action challenging a final 
                        agency regulation be commenced before the 
                        expiration of the 1-year period, the number of 
                        days specified in such provision of law that is 
                        after the date the assessment is made available 
                        to the public.</DELETED>
        <DELETED>    ``(4) Relief.--In granting any relief in an action 
        under this subsection, the court shall order the agency to take 
        corrective action consistent with this section and chapter 7, 
        including, but not limited to--</DELETED>
                <DELETED>    ``(A) remanding the rule to the agency; 
                and</DELETED>
                <DELETED>    ``(B) deferring the enforcement of the 
                rule against individuals, unless the court finds that 
                continued enforcement of the rule is in the public 
                interest.</DELETED>
        <DELETED>    ``(5) Rule of construction.--Nothing in this 
        subsection shall be construed to limit the authority of any 
        court to stay the effective date of any rule or provision 
        thereof under any other provision of law or to grant any other 
        relief in addition to the requirements of this 
        subsection.</DELETED>
        <DELETED>    ``(6) Record of agency action.--In an action for 
        the judicial review of a rule, the privacy impact assessment 
        for such rule, including an assessment prepared or corrected 
        pursuant to paragraph (4), shall constitute part of the entire 
        record of agency action in connection with such 
        review.</DELETED>
        <DELETED>    ``(7) Exclusivity.--Compliance or noncompliance by 
        an agency with the provisions of this section shall be subject 
        to judicial review only in accordance with this 
        subsection.</DELETED>
        <DELETED>    ``(8) Savings clause.--Nothing in this subsection 
        bars judicial review of any other impact statement or similar 
        assessment required by any other law if judicial review of such 
        statement or assessment is otherwise permitted by 
        law.</DELETED>
<DELETED>    ``(g) Definition.--For purposes of this section, the term 
`personally identifiable information' means information that can be 
used to identify an individual, including such individual's name, 
address, telephone number, photograph, social security number or other 
identifying information. It includes information about such 
individual's medical or financial condition.''.</DELETED>
<DELETED>    (c) Periodic Review Transition Provisions.--</DELETED>
        <DELETED>    (1) Initial plan.--For each agency, the plan 
        required by subsection (e) of section 553a of title 5, United 
        States Code (as added by subsection (a)), shall be published 
        not later than 180 days after the date of the enactment of this 
        Act.</DELETED>
        <DELETED>    (2) In the case of a rule promulgated by an agency 
        before the date of the enactment of this Act, such plan shall 
        provide for the periodic review of such rule before the 
        expiration of the 10-year period beginning on the date of the 
        enactment of this Act. For any such rule, the head of the 
        agency may provide for a 1-year extension of such period if the 
        head of the agency, before the expiration of the period, 
        certifies in a statement published in the Federal Register that 
        reviewing such rule before the expiration of the period is not 
        feasible. The head of the agency may provide for additional 1-
        year extensions of the period pursuant to the preceding 
        sentence, but in no event may the period exceed 15 
        years.</DELETED>
<DELETED>    (d) Congressional Review.--Section 801(a)(1)(B) of title 
5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating clauses (iii) and (iv) as 
        clauses (iv) and (v), respectively; and</DELETED>
        <DELETED>    (2) by inserting after clause (ii) the following 
        new clause:</DELETED>
        <DELETED>    ``(iii) the agency's actions relevant to section 
        553a;''.</DELETED>
<DELETED>    (e) Clerical Amendment.--The table of sections at the 
beginning of chapter 5 of title 5, United States Code, is amended by 
adding after the item relating to section 553 the following new 
item:</DELETED>

<DELETED>553a. Privacy impact assessment in rulemaking.''.

<DELETED>SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH LAW 
              ENFORCEMENT OR ANTI-TERRORISM FUNCTIONS.</DELETED>

<DELETED>    (a) In General.--There shall be within each Federal agency 
with law enforcement or anti-terrorism functions a chief privacy 
officer, who shall have primary responsibility within that agency for 
privacy policy. The agency chief privacy officer shall be designated by 
the head of the agency.</DELETED>
<DELETED>    (b) Responsibilities.--The responsibilities of each agency 
chief privacy officer shall include--</DELETED>
        <DELETED>    (1) ensuring that the use of technologies 
        sustains, and does not erode, privacy protections relating to 
        the use, collection, and disclosure of personally identifiable 
        information;</DELETED>
        <DELETED>    (2) ensuring that personally identifiable 
        information contained in systems of records is handled in full 
        compliance with fair information practices as set out in 
        section 552a of title 5, United States Code;</DELETED>
        <DELETED>    (3) evaluating legislative and regulatory 
        proposals involving collection, use, and disclosure of 
        personally identifiable information by the Federal 
        Government;</DELETED>
        <DELETED>    (4) conducting a privacy impact assessment of 
        proposed rules of the agency on the privacy of personally 
        identifiable information, including the type of personally 
        identifiable information collected and the number of people 
        affected;</DELETED>
        <DELETED>    (5) preparing and submitting a report to Congress 
        on an annual basis on activities of the agency that affect 
        privacy, including complaints of privacy violations, 
        implementation of section 552a of title 5, United States Code, 
        internal controls, and other relevant matters;</DELETED>
        <DELETED>    (6) ensuring that the agency protects personally 
        identifiable information and information systems from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction in order to provide--</DELETED>
                <DELETED>    (A) integrity, which means guarding 
                against improper information modification or 
                destruction, and includes ensuring information 
                nonrepudiation and authenticity;</DELETED>
                <DELETED>    (B) confidentially, which means preserving 
                authorized restrictions on access and disclosure, 
                including means for protecting personal privacy and 
                proprietary information;</DELETED>
                <DELETED>    (C) availability, which means ensuring 
                timely and reliable access to and use of that 
                information; and</DELETED>
                <DELETED>    (D) authentication, which means utilizing 
                digital credentials to assure the identity of users and 
                validate their access; and</DELETED>
        <DELETED>    (7) advising the head of the agency and the 
        Director of the Office of Management and Budget on information 
        security and privacy issues pertaining to Federal Government 
        information systems.</DELETED>

   <DELETED>CHAPTER 2--MUTUAL AID AND LITIGATION MANAGEMENT</DELETED>

<DELETED>SEC. 5101. SHORT TITLE.</DELETED>

<DELETED>    This chapter may be cited as the ``Mutual Aid and 
Litigation Management Authorization Act of 2004''.</DELETED>

<DELETED>SEC. 5102. MUTUAL AID AUTHORIZED.</DELETED>

<DELETED>    (a) Authorization to Enter Into Agreements.--</DELETED>
        <DELETED>    (1) In general.--The authorized representative of 
        a State, locality, or the Federal Government may enter into an 
        interstate mutual aid agreement or a mutual aid agreement with 
        the Federal Government on behalf of the State, locality, or 
        Federal Government under which, at the request of any party to 
        the agreement, the other party to the agreement may--</DELETED>
                <DELETED>    (A) provide 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 occurring in the jurisdiction of the 
                requesting party;</DELETED>
                <DELETED>    (B) provide other services to prepare for, 
                mitigate, manage, respond to, or recover from an 
                emergency or public service event occurring in the 
                jurisdiction of the requesting party; and</DELETED>
                <DELETED>    (C) participate in training events 
                occurring in the jurisdiction of the requesting 
                party.</DELETED>
<DELETED>    (b) Liability and Actions at Law.--</DELETED>
        <DELETED>    (1) Liability.--A responding party or its officers 
        or employees shall be liable on account of any act or omission 
        occurring while providing assistance or participating in a 
        training event in the jurisdiction of a requesting party under 
        a mutual aid agreement (including any act or omission arising 
        from the maintenance or use of any equipment, facilities, or 
        supplies in connection therewith), but only to the extent 
        permitted under and in accordance with the laws and procedures 
        of the State of the responding party and subject to this 
        chapter.</DELETED>
        <DELETED>    (2) Jurisdiction of courts.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B) and section 3, any action brought against a 
                responding party or its officers or employees on 
                account of an act or omission described in subsection 
                (b)(1) may be brought only under the laws and 
                procedures of the State of the responding party and 
                only in the State courts or United States District 
                Courts located therein.</DELETED>
                <DELETED>    (B) United states as party.--If the United 
                States is the party against whom an action described in 
                paragraph (1) is brought, the action may be brought 
                only in a United States District Court.</DELETED>
<DELETED>    (c) Workers' Compensation and Death Benefits.--</DELETED>
        <DELETED>    (1) Payment of benefits.--A responding party shall 
        provide for the payment of workers' compensation and death 
        benefits with respect to officers or employees of the party who 
        sustain injuries or are killed while providing assistance or 
        participating in a training event under a mutual aid agreement 
        in the same manner and on the same terms as if the injury or 
        death were sustained within the jurisdiction of the responding 
        party.</DELETED>
        <DELETED>    (2) Liability for benefits.--No party shall be 
        liable under the law of any State other than its own (or, in 
        the case of the Federal Government, under any law other than 
        Federal law) for the payment of workers' compensation and death 
        benefits with respect to injured officers or employees of the 
        party who sustain injuries or are killed while providing 
        assistance or participating in a training event under a mutual 
        aid agreement.</DELETED>
<DELETED>    (d) Licenses and Permits.--Whenever 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, such person will be deemed licensed, certified, or 
permitted by the requesting party to provide assistance involving such 
skill under a mutual aid agreement.</DELETED>
<DELETED>    (e) Scope.--Except to the extent provided in this section, 
the rights and responsibilities of the parties to a mutual aid 
agreement shall be as described in the mutual aid agreement.</DELETED>
<DELETED>    (f) Effect on Other Agreements.--Nothing in this section 
precludes any party from entering into supplementary mutual aid 
agreements with fewer than all the parties, or with another, or affects 
any other agreements already in force among any parties to such an 
agreement, including the Emergency Management Assistance Compact (EMAC) 
under Public Law 104-321.</DELETED>
<DELETED>    (g) Federal Government.--Nothing in this section may be 
construed to limit any other expressed or implied authority of any 
entity of the Federal Government to enter into mutual aid 
agreements.</DELETED>
<DELETED>    (h) Consistency With State Law.--A party may enter into a 
mutual aid agreement under this chapter only insofar as the agreement 
is in accord with State law.</DELETED>

<DELETED>SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS.</DELETED>

<DELETED>    (a) Authorization to Enter Into Litigation Management 
Agreements.--The authorized representative of a State or locality may 
enter into a litigation management agreement on behalf of the State or 
locality. Such litigation management agreements may provide that all 
claims against such Emergency Response Providers arising out of, 
relating to, or resulting from an act of terrorism when Emergency 
Response Providers from more than 1 State have acted in defense 
against, in response to, or recovery from such act shall be governed by 
the following provisions.</DELETED>
<DELETED>    (b) Federal Cause of Action.--</DELETED>
        <DELETED>    (1) In general.--There shall exist a Federal cause 
        of action for claims against Emergency Response Providers 
        arising out of, relating to, or resulting from an act of 
        terrorism when Emergency Response Providers from more than 1 
        State have acted in defense against, in response to, or 
        recovery from such act. As determined by the parties to a 
        litigation management agreement, the substantive law for 
        decision in any such action shall be--</DELETED>
                <DELETED>    (A) derived from the law, including choice 
                of law principles, of the State in which such acts of 
                terrorism occurred, unless such law is inconsistent 
                with or preempted by Federal law; or</DELETED>
                <DELETED>    (B) derived from the choice of law 
                principles agreed to by the parties to a litigation 
                management agreement as described in the litigation 
                management agreement, unless such principles are 
                inconsistent with or preempted by Federal 
                law.</DELETED>
        <DELETED>    (2) Jurisdiction.--Such appropriate district court 
        of the United States shall have original and exclusive 
        jurisdiction over all actions for any claim against Emergency 
        Response Providers for loss of property, personal injury, or 
        death arising out of, relating to, or resulting from an act of 
        terrorism when Emergency Response Providers from more than 1 
        State have acted in defense against, in response to, or 
        recovery from an act of terrorism.</DELETED>
        <DELETED>    (3) Special rules.--In an action brought for 
        damages that is governed by a litigation management agreement, 
        the following provisions apply:</DELETED>
                <DELETED>    (A) Punitive damages.--No punitive damages 
                intended to punish or deter, exemplary damages, or 
                other damages not intended to compensate a plaintiff 
                for actual losses may be awarded, nor shall any party 
                be liable for interest prior to the judgment.</DELETED>
                <DELETED>    (B) Collateral sources.--Any recovery by a 
                plaintiff in an action governed by a litigation 
                management agreement shall be reduced by the amount of 
                collateral source compensation, if any, that the 
                plaintiff has received or is entitled to receive as a 
                result of such acts of terrorism.</DELETED>
        <DELETED>    (4) Exclusions.--Nothing in this section shall in 
        any way limit the ability of any person to seek any form of 
        recovery from any person, government, or other entity that--
        </DELETED>
                <DELETED>    (A) attempts to commit, knowingly 
                participates in, aids and abets, or commits any act of 
                terrorism, or any criminal act related to or resulting 
                from such act of terrorism; or</DELETED>
                <DELETED>    (B) participates in a conspiracy to commit 
                any such act of terrorism or any such criminal 
                act.</DELETED>

<DELETED>SEC. 5104. ADDITIONAL PROVISIONS.</DELETED>

<DELETED>    (a) No Abrogation of Other Immunities.--Nothing in this 
chapter shall abrogate any other immunities from liability that any 
party may have under any other State or Federal law.</DELETED>
<DELETED>    (b) Exception for Certain Federal Law Enforcement 
Activities.--A mutual aid agreement or a litigation management 
agreement may not apply to law enforcement security operations at 
special events of national significance under section 3056(e) of title 
18, United States Code, or to other law enforcement functions of the 
United States Secret Service.</DELETED>
<DELETED>    (c) Secret Service.--Section 3056 of title 18, United 
States Code, is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(g) The Secret Service shall be maintained as a distinct 
entity within the Department of Homeland Security and shall not be 
merged with any other department function. All personnel and 
operational elements of the United States Secret Service shall report 
to the Director of the Secret Service, who shall report directly to the 
Secretary of Homeland Security without being required to report through 
any other official of the Department.''.</DELETED>

<DELETED>SEC. 5105. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this chapter, the following definitions 
apply:</DELETED>
        <DELETED>    (1) Authorized representative.--The term 
        ``authorized representative'' means--</DELETED>
                <DELETED>    (A) in the case of the Federal Government, 
                any individual designated by the President with respect 
                to the executive branch, the Chief Justice of the 
                United States with respect to the judicial branch, or 
                the President pro Tempore of the Senate and Speaker of 
                the House of Representatives with respect to the 
                Congress, or their designees, to enter into a mutual 
                aid agreement;</DELETED>
                <DELETED>    (B) in the case of a locality, the 
                official designated by law to declare an emergency in 
                and for the locality, or the official's 
                designee;</DELETED>
                <DELETED>    (C) in the case of a State, the Governor 
                or the Governor's designee.</DELETED>
        <DELETED>    (2) Emergency.--The term ``emergency'' means a 
        major disaster or emergency declared by the President, or a 
        State of Emergency declared by an authorized representative of 
        a State or locality, in response to which assistance may be 
        provided under a mutual aid agreement.</DELETED>
        <DELETED>    (3) Emergency response provider.--The term 
        ``Emergency Response Provider'' means State or local emergency 
        public safety, law enforcement, emergency response, emergency 
        medical (including hospital emergency facilities), and related 
        personnel, agencies, and authorities that are a party to a 
        litigation management agreement.</DELETED>
        <DELETED>    (4) Employee.--The term ``employee'' means, with 
        respect to a party to a mutual aid agreement, the employees of 
        the party, including its agents or authorized volunteers, who 
        are committed to provide assistance under the 
        agreement.</DELETED>
        <DELETED>    (5) Litigation management agreement.--The term 
        ``litigation management agreement'' means an agreement entered 
        into pursuant to the authority granted under section 
        5103.</DELETED>
        <DELETED>    (6) Locality.--The term ``locality'' means a 
        county, city, or town.</DELETED>
        <DELETED>    (7) Mutual aid agreement.--The term ``mutual aid 
        agreement'' means an agreement entered into pursuant to the 
        authority granted under section 5102.</DELETED>
        <DELETED>    (8) Public service event.--The term ``public 
        service event'' means any undeclared emergency, incident, or 
        situation in preparation for or response to which assistance 
        may be provided under a mutual aid agreement.</DELETED>
        <DELETED>    (9) Requesting party.--The term ``requesting 
        party'' means, with respect to a mutual aid agreement, the 
        party in whose jurisdiction assistance is provided, or a 
        training event is held, under the agreement.</DELETED>
        <DELETED>    (10) Responding party.--The term ``responding 
        party'' means, with respect to a mutual aid agreement, the 
        party providing assistance, or participating in a training 
        event, under the agreement, but does not include the requesting 
        party.</DELETED>
        <DELETED>    (11) State.--The term ``State'' includes each of 
        the several States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States, and any political subdivision of any such 
        place.</DELETED>
        <DELETED>    (12) Training event.--The term ``training event'' 
        means an emergency and public service event-related exercise, 
        test, or other activity using equipment and personnel to 
        prepare for or simulate performance of any aspect of the giving 
        or receiving of assistance during emergencies or public service 
        events, but does not include an actual emergency or public 
        service event.</DELETED>

          <DELETED>Chapter 3--Miscellaneous Matters</DELETED>

<DELETED>SEC. 5131. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS 
              INTEROPERABILITY.</DELETED>

<DELETED>    (a) Coordination of Public Safety Interoperable 
Communications Programs.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) establish a comprehensive national 
                approach to achieving public safety interoperable 
                communications;</DELETED>
                <DELETED>    (B) coordinate with other Federal agencies 
                in carrying out subparagraph (A);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) encourage the development and 
                implementation of flexible and open architectures, with 
                appropriate levels of security, for short-term and 
                long-term solutions to public safety communications 
                interoperability;</DELETED>
                <DELETED>    (F) assist other Federal agencies in 
                identifying priorities for research, development, and 
                testing and evaluation with regard to public safety 
                interoperable communications;</DELETED>
                <DELETED>    (G) identify priorities within the 
                Department of Homeland Security for research, 
                development, and testing and evaluation with regard to 
                public safety interoperable communications;</DELETED>
                <DELETED>    (H) establish coordinated guidance for 
                Federal grant programs for public safety interoperable 
                communications;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (J) develop and disseminate best practices 
                to improve public safety communications 
                interoperability; and</DELETED>
                <DELETED>    (K) develop appropriate performance 
                measures and milestones to systematically measure the 
                Nation's progress towards achieving public safety 
                communications interoperability, including the 
                development of national voluntary consensus 
                standards.</DELETED>
        <DELETED>    (2) Office for interoperability and 
        compatibility.--</DELETED>
                <DELETED>    (A) Establishment of office.--The 
                Secretary may establish an Office for Interoperability 
                and Compatibility to carry out this 
                subsection.</DELETED>
                <DELETED>    (B) Functions.--If the Secretary 
                establishes such office, the Secretary shall, through 
                such office--</DELETED>
                        <DELETED>    (i) carry out Department of 
                        Homeland Security responsibilities and 
                        authorities relating to the SAFECOM Program; 
                        and</DELETED>
                        <DELETED>    (ii) carry out subsection (c) 
                        (relating to rapid interoperable communications 
                        capabilities for high risk 
                        jurisdictions).</DELETED>
        <DELETED>    (3) Applicability of federal advisory committee 
        act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
        not apply to advisory groups established and maintained by the 
        Secretary for purposes of carrying out this 
        subsection.</DELETED>
<DELETED>    (b) Report.--Not later than 120 days after the date of the 
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.</DELETED>
<DELETED>    (c) Rapid Interoperable Communications Capabilities for 
High Risk Jurisdictions.--The Secretary, in consultation with other 
relevant Federal, State, and local government agencies, shall provide 
technical, training, and other assistance as appropriate to support the 
rapid establishment of consistent, secure, and effective interoperable 
communications capabilities for emergency response providers in 
jurisdictions determined by the Secretary to be at consistently high 
levels of risk of terrorist attack.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)</DELETED>
<DELETED>    (e) Clarification of Responsibility for Interoperable 
Communications.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) by striking ``developing comprehensive 
                programs for developing interoperative communications 
                technology, and''; and</DELETED>
                <DELETED>    (B) by striking ``such'' and inserting 
                ``interoperable communications''.</DELETED>
        <DELETED>    (2) Office for domestic preparedness.--Section 
        430(c) of such Act (6 U.S.C. 238(c)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (7) by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) in paragraph (8) by striking the 
                period and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(9) helping to ensure the acquisition of 
        interoperable communication technology by State and local 
        governments and emergency response providers.''.</DELETED>

<DELETED>SEC. 5132. SENSE OF CONGRESS REGARDING THE INCIDENT COMMAND 
              SYSTEM.</DELETED>

<DELETED>    (a) Findings.--The Congress finds that--</DELETED>
        <DELETED>    (1) 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;</DELETED>
        <DELETED>    (2) in March 2004, the Secretary of Homeland 
        Security established NIMS, which provides a unified structural 
        framework for Federal, State, territorial, tribal, and local 
        governments to ensure coordination of command, operations, 
        planning, logistics, finance, and administration during 
        emergencies involving multiple jurisdictions or agencies; 
        and</DELETED>
        <DELETED>    (3) the National Commission on Terrorist Attacks 
        Upon the United States strongly supports the adoption of NIMS 
        by emergency response agencies nationwide, and the decision by 
        the President to condition Federal emergency preparedness 
        assistance upon the adoption of NIMS.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of the Congress 
that all levels of government should adopt NIMS, and that the regular 
use of and training in NIMS by States, territories, tribes, and local 
governments should be a condition for receiving Federal preparedness 
assistance.</DELETED>

<DELETED>SEC. 5133. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN 
              COMMAND PLANS AND STRATEGIES.</DELETED>

<DELETED>    It is the sense of Congress that the Secretary of Defense 
should regularly assess the adequacy of United States Northern 
Command's plans and strategies 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``9/11 Recommendations Implementation 
Act''.

SEC. 2. 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 National Intelligence Director

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 National Intelligence Director in appointment of 
                            certain officials responsible for 
                            intelligence-related activities.
Sec. 1015. Initial appointment of the National Intelligence Director.
Sec. 1016. Executive schedule matters.
   Subtitle B--National counterterrorism Center and Civil Liberties 
                              Protections

Sec. 1021. National counterterrorism Center.
Sec. 1022. Civil Liberties Protection Officer.
Sec. 1023. Privacy and Civil Liberties Oversight Board.
            Subtitle C--Joint Intelligence Community Council

Sec. 1031. Joint Intelligence Community Council.
         Subtitle D--Improvement of Human Intelligence (HUMINT)

Sec. 1041. Human intelligence as an increasingly critical component of 
                            the intelligence community.
Sec. 1042. Improvement of human intelligence capacity.
  Subtitle E--Improvement of Education for the Intelligence Community

Sec. 1051. Modification of obligated service requirements under 
                            National Security Education Program.
Sec. 1052. Improvements to the National Flagship Language Initiative.
Sec. 1053. Establishment of scholarship program for English language 
                            studies for heritage community citizens of 
                            the United States within the National 
                            Security Education Program.
Sec. 1054. Sense of Congress with respect to language and education for 
                            the intelligence community; reports.
Sec. 1055. Advancement of foreign languages critical to the 
                            intelligence community.
Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
Sec. 1057. Codification of establishment of the National Virtual 
                            Translation Center.
Sec. 1058. Report on recruitment and retention of qualified instructors 
                            of the Defense Language Institute.
     Subtitle F--Additional Improvements of Intelligence Activities

Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary 
                            Separation Incentive Program.
Sec. 1062. National Security Agency Emerging Technologies Panel.
              Subtitle G--Conforming and Other Amendments

Sec. 1071. Conforming amendments relating to roles of National 
                            Intelligence Director 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 authorities.
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. Access to Inspector General protections.
Sec. 1079. General references.
Sec. 1080. Application of other laws.
   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. Transitional authorities.
Sec. 1096. Effective dates.
             TITLE II--TERRORISM PREVENTION AND PROSECUTION

     Subtitle A--Individual Terrorists as Agents of Foreign Powers

Sec. 2001. Individual terrorists as agents of foreign powers.
       Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004

Sec. 2021. Short title.
Sec. 2022. Hoaxes and recovery costs.
Sec. 2023. Obstruction of justice and false statements in terrorism 
                            cases.
Sec. 2024. Clarification of definition.
 Subtitle C--Material Support to Terrorism Prohibition Enhancement Act 
                                of 2004

Sec. 2041. Short title.
Sec. 2042. Receiving military-type training from a foreign terrorist 
                            organization.
Sec. 2043. Providing material support to terrorism.
Sec. 2044. Financing of terrorism.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of 
                                  2004

Sec. 2051. Short title.
Sec. 2052. Weapons of mass destruction.
Sec. 2053. Participation in nuclear and weapons of mass destruction 
                            threats to the United States.
          Subtitle E--Money Laundering and Terrorist Financing

   Chapter 1--Funding to Combat Financial Crimes Including Terrorist 
                               Financing

Sec. 2101. Additional authorization for FinCEN.
Sec. 2102. Money laundering and financial crimes strategy 
                            reauthorization.
   Chapter 2--Enforcement Tools to Combat Financial Crimes Including 
 subchapter a--money laundering abatement and financial antiterrorism 
                         technical corrections
Sec. 2111. Short title.
Sec. 2112. Technical corrections to Public Law 107-56.
Sec. 2113. Technical corrections to other provisions of law.
Sec. 2114. Repeal of review.
Sec. 2115. Effesubchapter b--additional enforcement tools
Sec. 2121. Bureau of Engraving and Printing security printing.
Sec. 2122. Conduct in aid of counterfeiting.
             Subtitle F--Criminal History Background Checks

Sec. 2141. Short title.
Sec. 2142. Criminal history information checks.
Subtitle G--Protection of United States Aviation System from Terrorist 
                                Attacks

Sec. 2171. Provision for the use of biometric or other technology.
Sec. 2172. Transportation security strategic planning.
Sec. 2173. Next generation airline passenger prescreening.
Sec. 2174. Deployment and use of explosive detection equipment at 
                            airport screening checkpoints.
Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and 
                            baggage containers.
Sec. 2176. Air cargo screening technology.
Sec. 2177. Airport checkpoint screening explosive detection.
Sec. 2178. Next generation security checkpoint.
Sec. 2179. Penalty for failure to secure cockpit door.
Sec. 2180. Federal air marshal anonymity.
Sec. 2181. Federal law enforcement in-flight counterterrorism training.
Sec. 2182. Federal flight deck officer weapon carriage pilot program.
Sec. 2183. Registered traveler program.
Sec. 2184. Wireless communication.
Sec. 2185. Secondary flight deck barriers.
Sec. 2186. Extension.
Sec. 2187. Perimeter Security.
Sec. 2188. Definitions.
                       Subtitle H--Other Matters

Sec. 2191. Grand jury information sharing.
Sec. 2192. Interoperable law enforcement and intelligence data system.
Sec. 2193. Improvement of intelligence capabilities of the Federal 
                            Bureau of Investigation.
            TITLE III--BORDER SECURITY AND TERRORIST TRAVEL

        Subtitle A--Immigration Reform in the National Interest

                     Chapter 1--General Provisions

Sec. 3001. Eliminating the ``Western Hemisphere'' exception for 
                            citizens.
Sec. 3002. Modification of waiver authority with respect to 
                            documentation requirements for nationals of 
                            foreign contiguous territories and adjacent 
                            islands.
Sec. 3003. Increase in full-time border patrol agents.
Sec. 3004. Increase in full-time immigration and customs enforcement 
                            investigators.
Sec. 3005. Alien identification standards.
Sec. 3006. Expedited removal.
Sec. 3007. Preventing terrorists from obtaining asylum.
Sec. 3008. Revocation of visas and other travel documentation.
Sec. 3009. Judicial review of orders of removal.
    Chapter 2--Deportation of Terrorists and Supporters of Terrorism

Sec. 3031. Expanded inapplicability of restriction on removal.
Sec. 3032. Exception to restriction on removal for terrorists and 
                            criminals.
Sec. 3033. Additional removal authorities.
                Subtitle B--Identity Management Security

    Chapter 1--Improved Security for Drivers' Licenses and Personal 
                          Identification Cards

Sec. 3051. Definitions.
Sec. 3052. Minimum document requirements and issuance standards for 
                            Federal recognition.
Sec. 3053. Linking of databases.
Sec. 3054. Trafficking in authentication features for use in false 
                            identification documents.
Sec. 3055. Grants to States.
Sec. 3056. Authority.
          Chapter 2--Improved Security for Birth Certificates

Sec. 3061. Definitions.
Sec. 3062. Applicability of minimum standards to local governments.
Sec. 3063. Minimum standards for Federal recognition.
Sec. 3064. Establishment of electronic birth and death registration 
                            systems.
Sec. 3065. Electronic verification of vital events.
Sec. 3066. Grants to States.
Sec. 3067. Authority.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security 
                            Account Numbers

Sec. 3071. Prohibition of the display of social security account 
                            numbers on driver's licenses or motor 
                            vehicle registrations.
Sec. 3072. Independent verification of birth records provided in 
                            support of applications for social security 
                            account numbers.
Sec. 3073. Enumeration at birth.
Sec. 3074. Study relating to use of photographic identification in 
                            connection with applications for benefits, 
                            social security account numbers, and social 
                            security cards.
Sec. 3075. Restrictions on issuance of multiple replacement social 
                            security cards.
Sec. 3076. Study relating to modification of the social security 
                            account numbering system to show work 
                            authorization status.
                 Subtitle C--Targeting Terrorist Travel

Sec. 3081. Studies on machine-readable passports and travel history 
                            database.
Sec. 3082. Expanded preinspection at foreign airports.
Sec. 3083. Immigration security initiative.
Sec. 3084. Responsibilities and functions of consular officers.
Sec. 3085. Increase in penalties for fraud and related activity.
Sec. 3086. Criminal penalty for false claim to citizenship.
Sec. 3087. Antiterrorism assistance training of the Department of 
                            State.
Sec. 3088. International agreements to track and curtail terrorist 
                            travel through the use of fraudulently 
                            obtained documents.
Sec. 3089. International standards for translation of names into the 
                            Roman alphabet for international travel 
                            documents and name-based watchlist systems.
Sec. 3090. Biometric entry and exit data system.
Sec. 3091. Enhanced responsibilities of the Coordinator for 
                            counterterrorism.
Sec. 3092. Establishment of Office of Visa and Passport Security in the 
                            Department of State.
                      Subtitle D--Terrorist Travel

Sec. 3101. Information sharing and coordination.
Sec. 3102. Terrorist travel program.
Sec. 3103. Training program.
Sec. 3104. Technology acquisition and dissemination plan.
               Subtitle E--Maritime Security Requirements

Sec. 3111. Deadlines for implementation of maritime security 
                            requirements.
          TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION

         Subtitle A--Attack Terrorists and Their Organizations

        Chapter 1--Provisions Relating to Terrorist Sanctuaries

Sec. 4001. United States policy on terrorist sanctuaries.
Sec. 4002. Reports on terrorist sanctuaries.
Sec. 4003. Amendments to existing law to include terrorist sanctuaries.
                      Chapter 2--Other Provisions

Sec. 4011. Appointments to fill vacancies in Arms Control and 
                            Nonproliferation Advisory Board.
Sec. 4012. Review of United States policy on proliferation of weapons 
                            of mass destruction and control of 
                            strategic weapons.
Sec. 4013. International agreements to interdict acts of international 
                            terrorism.
Sec. 4014. Effective Coalition approach toward detention and humane 
                            treatment of captured terrorists.
Sec. 4015. Sense of Congress and report regarding counter-drug efforts 
                            in Afghanistan.
         Subtitle B--Prevent the Continued Growth of Terrorism

               Chapter 1--United States Public Diplomacy

Sec. 4021. Annual review and assessment of public diplomacy strategy.
Sec. 4022. Public diplomacy training.
Sec. 4023. Promoting direct exchanges with Muslim countries.
Sec. 4024. Public diplomacy required for promotion in Foreign Service.
            Chapter 2--United States Multilateral Diplomacy

Sec. 4031. Purpose.
Sec. 4032. Support and expansion of democracy caucus.
Sec. 4033. Leadership and membership of international organizations.
Sec. 4034. Increased training in multilateral diplomacy.
Sec. 4035. Implementation and establishment of Office on Multilateral 
                            Negotiations.
                      Chapter 3--Other Provisions

Sec. 4041. Pilot program to provide grants to American-sponsored 
                            schools in predominantly Muslim countries 
                            to provide scholarships.
Sec. 4042. Enhancing free and independent media.
Sec. 4043. Combating biased or false foreign media coverage of the 
                            United States.
Sec. 4044. Report on broadcast outreach strategy.
Sec. 4045. Office relocation.
Sec. 4046. Strengthening the Community of Democracies for Muslim 
                            countries.
  Subtitle C--Reform of Designation of Foreign Terrorist Organizations

Sec. 4051. Designation of foreign terrorist organizations.
Sec. 4052. Inclusion in annual Department of State country reports on 
                            terrorism of information on terrorist 
                            groups that seek weapons of mass 
                            destruction and groups that have been 
                            designated as foreign terrorist 
                            organizations.
     Subtitle D--Afghanistan Freedom Support Act Amendments of 2004

Sec. 4061. Short title.
Sec. 4062. Coordination of assistance for Afghanistan.
Sec. 4063. General provisions relating to the Afghanistan Freedom 
                            Support Act of 2002.
Sec. 4064. Rule of law and related issues.
Sec. 4065. Monitoring of assistance.
Sec. 4066. United States policy to support disarmament of private 
                            militias and to support expansion of 
                            international peacekeeping and security 
                            operations in Afghanistan.
Sec. 4067. Efforts to expand international peacekeeping and security 
                            operations in Afghanistan.
Sec. 4068. Provisions relating to counternarcotics efforts in 
                            Afghanistan.
Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act 
                            of 2002.
Sec. 4070. Repeal.
      Subtitle E--Provisions Relating to Saudi Arabia and Pakistan

Sec. 4081. New United States strategy for relationship with Saudi 
                            Arabia.
Sec. 4082. United States commitment to the future of Pakistan.
Sec. 4083. Extension of Pakistan waivers.
                    Subtitle F--Oversight Provisions

Sec. 4091. Case-Zablocki Act requirements.
  Subtitle G--Additional Protections of United States Aviation System 
                         from Terrorist Attacks

Sec. 4101. International agreements to allow maximum deployment of 
                            Federal flight deck officers.
Sec. 4102. Federal air marshal training.
Sec. 4103. Man-portable air defense systems (MANPADS).
Subtitle H--Improving International Standards and Cooperation to Fight 
                          Terrorist Financing

Sec. 4111. Sense of the Congress regarding success in multilateral 
                            organizations.
Sec. 4112. Expanded reporting requirement for the Secretary of the 
                            Treasury.
Sec. 4113. International Terrorist Finance Coordinating Council.
Sec. 4114. Definitions.
                   TITLE V--GOVERNMENT RESTRUCTURING

      Subtitle A--Faster and Smarter Funding for First Responders

Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Faster and smarter funding for first responders.
Sec. 5004. Modification of homeland security advisory system.
Sec. 5005. Coordination of industry efforts.
Sec. 5006. Superseded provision.
Sec. 5007. Sense of Congress regarding interoperable communications.
Sec. 5008. Sense of Congress regarding citizen corps councils.
Sec. 5009. Study regarding nationwide emergency notification system.
Sec. 5010. Required coordination.
   Subtitle B--Restructuring Relating to the Department of Homeland 
                  Security and Congressional Oversight

Sec. 5021. Responsibilities of counternarcotics Office.
Sec. 5022. Use of counternarcotics enforcement activities in certain 
                            employee performance appraisals.
Sec. 5023. Sense of the House of Representatives on addressing homeland 
                            security for the American people.
            Subtitle C--Improvements to Information Security

Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency 
                            planning for information security needs.
             Subtitle D--Personnel Management Improvements

                 Chapter 1--Appointments Process Reform

Sec. 5041. Appointments to national security positions.
Sec. 5042. Presidential inaugural transitions.
Sec. 5043. Public financial disclosure for the intelligence community.
Sec. 5044. Reduction of positions requiring appointment with Senate 
                            confirmation.
Sec. 5045. Effective dates.
       Chapter 2--Federal Bureau of Investigation Revitalization

Sec. 5051. Mandatory separation age.
Sec. 5052. Retention and relocation bonuses.
Sec. 5053. Federal Bureau of Investigation Reserve Service.
Sec. 5054. Critical positions in the Federal Bureau of Investigation 
                            intelligence directorate.
                    Chapter 3--Management Authority

Sec. 5061. Management authority.
              Subtitle E--Security Clearance Modernization

Sec. 5071. Definitions.
Sec. 5072. Security clearance and investigative programs oversight and 
                            administration.
Sec. 5073. Reciprocity of security clearance and access determinations.
Sec. 5074. Establishment of national database.
Sec. 5075. Use of available technology in clearance investigations.
Sec. 5076. Reduction in length of personnel security clearance process.
Sec. 5077. Security clearances for presidential transition.
Sec. 5078. Reports.
              Subtitle F--Emergency Financial Preparedness

Sec. 5081. Delegation authority of the Secretary of the Treasury.
Sec. 5082. Extension of emergency order authority of the securities and 
                            exchange commission.
Sec. 5083. Parallel authority of the Secretary of the Treasury with 
                            respect to government securities.
                       Subtitle G--Other Matters

                       Chapter 1--Privacy Matters

Sec. 5091. Requirement that agency rulemaking take into consideration 
                            impacts on individual privacy.
Sec. 5092. Chief privacy officers for agencies with law enforcement or 
                            anti-terrorism functions.
            Chapter 2--Mutual Aid and Litigation Management

Sec. 5101. Short title.
Sec. 5102. Mutual aid authorized.
Sec. 5103. Litigation management agreements.
Sec. 5104. Additional provisions.
Sec. 5105. Definitions.
                    Chapter 3--Miscellaneous Matters

Sec. 5131. Enhancement of public safety communications 
                            interoperability.
Sec. 5132. Sense of Congress regarding the incident command system.
Sec. 5133. Sense of Congress regarding United States Northern Command 
                            plans and strategies.

             TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``National Security Intelligence 
Improvement Act of 2004''.

      Subtitle A--Establishment of National Intelligence Director

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:

                    ``national intelligence director

    ``Sec. 102. (a) National Intelligence Director.--(1) There is a 
National Intelligence Director who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    ``(2) The National Intelligence Director 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 National Intelligence 
Director 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) through the heads of the departments containing 
        elements of the intelligence community, and the Central 
        Intelligence Agency, manage and oversee the execution of the 
        National Intelligence Program and direct the National 
        Intelligence Program.
    ``(c) Prohibition on Dual Service.--The individual serving in the 
position of National Intelligence Director 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 national intelligence 
                                director

    ``Sec. 102A. (a) Provision of Intelligence.--(1) Under the 
direction of the President, the National Intelligence Director 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) where appropriate, to the Senate and House of 
        Representatives and the committees thereof; and
            ``(E) to such other persons as the National Intelligence 
        Director 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.--To the extent approved by the 
President, the National Intelligence Director 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 National 
Intelligence Director.
    ``(c) Budget Authorities.--(1)(A) The National Intelligence 
Director shall develop and present to the President on an annual basis 
a budget for intelligence and intelligence-related activities of the 
United States.
    ``(B) In carrying out subparagraph (A) for any fiscal year for the 
components of the budget that comprise the National Intelligence 
Program, the National Intelligence Director shall provide guidance to 
the heads of departments containing elements of the intelligence 
community, and to the heads of the elements of the intelligence 
community, for development of budget inputs to the National 
Intelligence Director.
    ``(2)(A) The National Intelligence Director 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 National Intelligence Director 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.
    ``(3) In carrying out paragraphs (1) and (2), the National 
Intelligence Director may, as appropriate, obtain the advice of the 
Joint Intelligence Community Council.
    ``(4) The National Intelligence Director shall ensure the effective 
execution of the annual budget for intelligence and intelligence-
related activities.
    ``(5)(A) The National Intelligence Director shall facilitate the 
management and execution of funds appropriated for the National 
Intelligence Program.
    ``(B) Notwithstanding any other provision of law, in receiving 
funds pursuant to relevant appropriations Acts for the National 
Intelligence Program, the Office of Management and Budget shall 
apportion funds appropriated for the National Intelligence Program to 
the National Intelligence Director for allocation to the elements of 
the intelligence community through the host executive departments that 
manage programs and activities that are part of the National 
Intelligence Program.
    ``(C) The National Intelligence Director 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, as necessary and 
feasible.
    ``(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 National Intelligence Director shall provide a 
quarterly report, beginning April 1, 2005, and ending April 1, 2007, to 
the President and the Congress regarding implementation of this 
section.
    ``(B) The National Intelligence Director shall report to the 
President and the Congress not later than 5 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 National 
Intelligence Director, in carrying out the National Intelligence 
Program.
    ``(d) Role of National Intelligence Director in Reprogramming.--(1) 
No funds made available under the National Intelligence Program may be 
transferred or reprogrammed without the prior approval of the National 
Intelligence Director, except in accordance with procedures prescribed 
by the National Intelligence Director.
    ``(2) The Secretary of Defense shall consult with the National 
Intelligence Director before transferring or reprogramming funds made 
available under the Joint Military Intelligence Program.
    ``(e) Transfer of Funds or Personnel Within National Intelligence 
Program.--(1) In addition to any other authorities available under law 
for such purposes, the National Intelligence Director, with the 
approval of the Director of the Office of Management and Budget--
            ``(A) may transfer funds appropriated for a program within 
        the National Intelligence Program to another such program; and
            ``(B) in accordance with procedures to be developed by the 
        National Intelligence Director 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 periods up to one year.
    ``(2) The amounts available for transfer in the National 
Intelligence Program in any given fiscal year, and the terms and 
conditions governing such transfers, are subject to the provisions of 
annual appropriations Acts and this subsection.
    ``(3) A transfer of funds or personnel may be made under this 
subsection only if--
            ``(A) the funds or personnel are being transferred to an 
        activity that is a higher priority intelligence activity;
            ``(B) the need for funds or personnel for such activity is 
        based on unforeseen requirements; and
            ``(C) the transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the Central Intelligence 
        Agency.
    ``(4) Funds transferred under this subsection shall remain 
available for the same period as the appropriations account to which 
transferred.
    ``(5) Any transfer 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 for which notice is given to the appropriate 
congressional committees shall be accompanied by a report explaining 
the nature of the proposed transfer and how it satisfies the 
requirements of this subsection. In addition, the congressional 
intelligence committees shall be promptly notified of any transfer of 
funds made pursuant to this subsection in any case in which the 
transfer would not have otherwise required reprogramming notification 
under procedures in effect as of the date of the enactment of this 
subsection.
    ``(6)(A) The National Intelligence Director shall promptly submit 
to--
            ``(i) the congressional intelligence committees,
            ``(ii) in the case of the transfer of personnel to or from 
        the Department of Defense, the Committee on Armed Services of 
        the Senate and the Committee on Armed Services of 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,
a report on any transfer of personnel made pursuant to this subsection.
    ``(B) The Director shall include in any such report an explanation 
of the nature of the transfer and how it satisfies the requirements of 
this subsection.
    ``(f) Tasking and Other Authorities.--(1)(A) The National 
Intelligence Director shall--
            ``(i) develop collection 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 and establish 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 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 National Intelligence Director 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 National Intelligence Director; 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 National Intelligence Director shall oversee the National 
counterterrorism Center and may establish such other national 
intelligence centers as the Director determines necessary.
    ``(3)(A) The National Intelligence Director shall prescribe 
community-wide personnel policies that--
            ``(i) facilitate assignments across community elements and 
        to the intelligence centers;
            ``(ii) establish overarching standards for intelligence 
        education and training; and
            ``(iii) promote the most effective analysis and collection 
        of intelligence by ensuring a diverse workforce, including the 
        recruitment and training of women, minorities, and individuals 
        with diverse, ethnic, and linguistic backgrounds.
    ``(B) In developing the policies prescribed under subparagraph (A), 
the National Intelligence Director shall consult with the heads of the 
departments containing the elements of the intelligence community.
    ``(C) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable to 
members of the uniformed services.
    ``(4) The National Intelligence Director 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 National Intelligence Director shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
    ``(6) The National Intelligence Director shall perform such other 
functions as the President may direct.
Nothing in this Act shall be construed as affecting the role of the 
Department of Justice or the Attorney General with respect to 
applications under the Foreign Intelligence Surveillance Act of 1978.
    ``(g) Intelligence Information Sharing.--(1) The National 
Intelligence Director shall have principal authority to ensure maximum 
availability of and access to intelligence information within the 
intelligence community consistent with national security requirements. 
The National Intelligence Director 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; and
            ``(D) establish policies and procedures to resolve 
        conflicts between the need to share intelligence information 
        and the need to protect intelligence sources and methods.
    ``(2) The President shall ensure that the National Intelligence 
Director 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 National 
Intelligence Director or the National counterterrorism Center.
    ``(4) Not later than February 1 of each year, the National 
Intelligence Director 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.--(1) The National Intelligence Director shall 
ensure that all elements of the intelligence community strive for the 
most accurate analysis of intelligence derived from all sources to 
support national security needs.
    ``(2) The National Intelligence Director shall ensure that 
intelligence analysis generally receives the highest priority when 
distributing resources within the intelligence community and shall 
carry out duties under this subsection in a manner that--
            ``(A) develops all-source analysis techniques;
            ``(B) ensures competitive analysis;
            ``(C) ensures that differences in judgment are fully 
        considered and brought to the attention of policymakers; and
            ``(D) builds relationships between intelligence collectors 
        and analysts to facilitate greater understanding of the needs 
        of analysts.
    ``(i) Protection of Intelligence Sources and Methods.--(1) In order 
to protect intelligence sources and methods from unauthorized 
disclosure and, consistent with that protection, to maximize the 
dissemination of intelligence, the National Intelligence Director shall 
establish and implement guidelines for the intelligence community for 
the following purposes:
            ``(A) Classification of information.
            ``(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.
    ``(2) The Director may only delegate a duty or authority given the 
Director under this subsection to the Deputy National Intelligence 
Director.
    ``(j) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the National Intelligence Director, 
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 National Intelligence 
Director shall oversee the coordination of the relationships between 
elements of the intelligence community and the intelligence or security 
services of foreign governments on all matters involving intelligence 
related to the national security or involving intelligence acquired 
through clandestine means.
    ``(l) Enhanced Personnel Management.--(1)(A) The National 
Intelligence Director 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 National Intelligence Director;
            ``(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 National 
Intelligence Director 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 National Intelligence Director 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 that involve service in 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) This subsection shall not apply with respect to personnel 
of the elements of the intelligence community who are members of the 
uniformed services or law enforcement officers (as that term is defined 
in section 5541(3) of title 5, United States Code).
    ``(B) Assignment to the Office of the National Intelligence 
Director 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 National 
Intelligence Director may exercise with respect to the personnel of the 
Office of the National Intelligence Director 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 
National Intelligence Director shall have the same rights and 
protections under the Office of the National Intelligence Director 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 National 
Intelligence Director may exercise the acquisition authorities referred 
to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
seq.).
    ``(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 National Intelligence Director or the Deputy 
National Intelligence Director.
    ``(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 National 
Intelligence Director or the Deputy National Intelligence Director may, 
in such official's discretion, delegate to any officer or other 
official of the Office of the National Intelligence Director 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 National Intelligence Director 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 
National Intelligence Director for a period of at least six years 
following the date of such determination or decision.
    ``(o) Consideration of Views of Elements of the Intelligence 
Community.--In carrying out the duties and responsibilities under this 
section, the National Intelligence Director 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.

             ``office of the national intelligence director

    ``Sec. 103. (a) Establishment of Office; Function.--(1) There is an 
Office of the National Intelligence Director. The Office of the 
National Intelligence Director shall not be located within the 
Executive Office of the President.
    ``(2) The function of the Office is to assist the National 
Intelligence Director in carrying out the duties and responsibilities 
of the Director under this Act and to carry out such other duties as 
may be prescribed by the President or by law.
    ``(3) Any authority, power, or function vested by law in any 
officer, employee, or part of the Office of the National Intelligence 
Director is vested in, or may be exercised by, the National 
Intelligence Director.
    ``(4) Exemptions, exceptions, and exclusions for the Central 
Intelligence Agency or for personnel, resources, or activities of such 
Agency from otherwise applicable laws, other than the exception 
contained in section 104A(c)(1) shall apply in the same manner to the 
Office of the National Intelligence Director and the personnel, 
resources, or activities of such Office.
    ``(b) Office of National Intelligence Director.--(1) The Office of 
the National Intelligence Director is composed of the following:
            ``(A) The National Intelligence Director.
            ``(B) The Deputy National Intelligence Director.
            ``(C) The Deputy National Intelligence Director for 
        Operations.
            ``(D) The Deputy National Intelligence Director for 
        Community Management and Resources.
            ``(E) The Associate National Intelligence Director for 
        Military Support.
            ``(F) The Associate National Intelligence Director for 
        Domestic Security.
            ``(G) The Associate National Intelligence Director for 
        Diplomatic Affairs.
            ``(H) The National Intelligence Council.
            ``(I) The General Counsel to the National Intelligence 
        Director.
            ``(J) Such other offices and officials as may be 
        established by law or the National Intelligence Director may 
        establish or designate in the Office.
    ``(2) To assist the National Intelligence Director in fulfilling 
the duties and responsibilities of the Director, the Director shall 
employ and utilize in the Office of the National Intelligence Director 
a staff having expertise in matters relating to such duties and 
responsibilities and may establish permanent positions and appropriate 
rates of pay with respect to such staff.
    ``(c) Deputy National Intelligence Director.--(1) There is a Deputy 
National Intelligence Director who shall be appointed by the President, 
by and with the advice and consent of the Senate.
    ``(2) The Deputy National Intelligence Director shall assist the 
National Intelligence Director in carrying out the responsibilities of 
the National Intelligence Director under this Act.
    ``(3) The Deputy National Intelligence Director shall act for, and 
exercise the powers of, the National Intelligence Director during the 
absence or disability of the National Intelligence Director or during a 
vacancy in the position of the National Intelligence Director.
    ``(4) The Deputy National Intelligence Director takes precedence in 
the Office of the National Intelligence Director immediately after the 
National Intelligence Director.
    ``(d) Deputy National Intelligence Director for Operations.--(1) 
There is a Deputy National Intelligence Director for Operations.
    ``(2) The Deputy National Intelligence Director for Operations 
shall--
            ``(A) assist the National Intelligence Director in all 
        aspects of intelligence operations, including intelligence 
        tasking, requirements, collection, and analysis;
            ``(B) assist the National Intelligence Director in 
        overseeing the national intelligence centers; and
            ``(C) perform such other duties and exercise such powers as 
        National Intelligence Director may prescribe.
    ``(e) Deputy National Intelligence Director for Community 
Management and Resources.--(1) There is a Deputy National Intelligence 
Director for Community Management and Resources.
    ``(2) The Deputy National Intelligence Director for Community 
Management and Resources shall--
            ``(A) assist the National Intelligence Director in all 
        aspects of management and resources, including administration, 
        budgeting, information security, personnel, training, and 
        programmatic functions; and
            ``(B) perform such other duties and exercise such powers as 
        the National Intelligence Director may prescribe.
    ``(f) Associate National Intelligence Director for Military 
Support.--(1) There is an Associate National Intelligence Director for 
Military Support who shall be appointed by the National Intelligence 
Director, in consultation with the Secretary of Defense.
    ``(2) The Associate National Intelligence Director for Military 
Support shall--
            ``(A) ensure that the intelligence needs of the Department 
        of Defense are met; and
            ``(B) perform such other duties and exercise such powers as 
        the National Intelligence Director may prescribe.
    ``(g) Associate National Intelligence Director for Domestic 
Security.--(1) There is an Associate National Intelligence Director for 
Domestic Security who shall be appointed by the National Intelligence 
Director in consultation with the Attorney General and the Secretary of 
Homeland Security.
    ``(2) The Associate National Intelligence Director for Domestic 
Security shall--
            ``(A) ensure that the intelligence needs of the Department 
        of Justice, the Department of Homeland Security, and other 
        relevant executive departments and agencies are met; and
            ``(B) perform such other duties and exercise such powers as 
        the National Intelligence Director may prescribe, except that 
        the National Intelligence Director may not make such officer 
        responsible for disseminating any domestic or homeland security 
        information to State government or local government officials 
        or any private sector entity.
    ``(h) Associate National Intelligence Director for Diplomatic 
Affairs.--(1) There is an Associate National Intelligence Director for 
Diplomatic Affairs who shall be appointed by the National Intelligence 
Director in consultation with the Secretary of State.
    ``(2) The Associate National Intelligence Director for Diplomatic 
Affairs shall--
            ``(A) ensure that the intelligence needs of the Department 
        of State are met; and
            ``(B) perform such other duties and exercise such powers as 
        the National Intelligence Director may prescribe.
    ``(i) Military Status of Director and Deputy Directors.--(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 National Intelligence Director.
            ``(B) The Deputy National Intelligence Director.
    ``(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 National 
Intelligence Director.
    ``(j) National Intelligence Council.--(1) There is a National 
Intelligence Council.
    ``(2)(A) 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 National Intelligence 
Director.
    ``(B) 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.
    ``(3) 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;
            ``(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 National Intelligence Director 
        in carrying out the responsibilities of the Director.
    ``(4) Within their respective areas of expertise and under the 
direction of the National Intelligence Director, 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.
    ``(5) Subject to the direction and control of the National 
Intelligence Director, the National Intelligence Council may carry out 
its responsibilities under this subsection by contract, including 
contracts for substantive experts necessary to assist the Council with 
particular assessments under this subsection.
    ``(6) The National Intelligence Director shall make available to 
the National Intelligence Council such personnel as may be necessary to 
permit the Council to carry out its responsibilities under this 
subsection.
    ``(7)(A) The National Intelligence Director 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.
    ``(B) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    ``(8) 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 National Intelligence Director.
    ``(k) General Counsel to the National Intelligence Director.--(1) 
There is a General Counsel to the National Intelligence Director.
    ``(2) The individual serving in the position of General Counsel to 
the National Intelligence Director may not, while so serving, also 
serve as the General Counsel of any other agency or department of the 
United States.
    ``(3) The General Counsel to the National Intelligence Director is 
the chief legal officer for the National Intelligence Director.
    ``(4) The General Counsel to the National Intelligence Director 
shall perform such functions as the National Intelligence Director may 
prescribe.
    ``(l) Intelligence Community Information Technology Officer.--(1) 
There is an Intelligence Community Information Technology Officer who 
shall be appointed by the National Intelligence Director.
    ``(2) The mission of the Intelligence Community Information 
Technology Officer is to assist the National Intelligence Director in 
ensuring the sharing of information in the fullest and most prompt 
manner between and among elements of the intelligence community 
consistent with section 102A(g).
    ``(3) The Intelligence Community Information Technology Officer 
shall--
            ``(A) assist the Deputy National Intelligence Director for 
        Community Management and Resources in developing and 
        implementing an integrated information technology network;
            ``(B) develop an enterprise architecture for the 
        intelligence community and assist the Deputy National 
        Intelligence Director for Community Management and Resources in 
        ensuring that elements of the intelligence community comply 
        with such architecture;
            ``(C) have procurement approval authority over all 
        enterprise architecture-related information technology items 
        funded in the National Intelligence Program;
            ``(D) ensure that all such elements have the most direct 
        and continuous electronic access to all information (including 
        unevaluated intelligence consistent with existing laws and the 
        guidelines referred to in section 102A(b)) necessary for 
        appropriately cleared analysts to conduct comprehensive all-
        source analysis and for appropriately cleared policymakers to 
        perform their duties--
                    ``(i) directly, in the case of the elements of the 
                intelligence community within the National Intelligence 
                Program, and
                    ``(ii) in conjunction with the Secretary of Defense 
                and other applicable heads of departments with 
                intelligence elements outside the National Intelligence 
                Program;
            ``(E) review and provide recommendations to the Deputy 
        National Intelligence Director for Community Management and 
        Resources on National Intelligence Program budget requests for 
        information technology and national security systems;
            ``(F) assist the Deputy National Intelligence Director for 
        Community Management and Resources in promulgating and 
        enforcing standards on information technology and national 
        security systems that apply throughout the elements of the 
        intelligence community;
            ``(G) ensure that within and between the elements of the 
        National Intelligence Program, duplicative and unnecessary 
        information technology and national security systems are 
        eliminated;
            ``(H) pursuant to the direction of the National 
        Intelligence Director, consult with the Director of the Office 
        of Management and Budget to ensure that the Office of the 
        National Intelligence Director coordinates and complies with 
        national security requirements consistent with applicable law, 
        Executive orders, and guidance; and
            ``(I) perform such other duties with respect to the 
        information systems and information technology of the Office of 
        the National Intelligence Director as may be prescribed by the 
        Deputy National Intelligence Director for Community Management 
        and Resources 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. The 
Director shall be under the authority, direction, and control of the 
National Intelligence Director, except as otherwise determined by the 
President.
    ``(b) Duties.--In the capacity as Director of the Central 
Intelligence Agency, the Director of the Central Intelligence Agency 
shall--
            ``(1) carry out the responsibilities specified in 
        subsection (c); and
            ``(2) serve as the head of the Central Intelligence Agency.
    ``(c) 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) provide overall direction for the collection of 
        national intelligence through human sources by elements of the 
        intelligence community authorized to undertake such collection 
        and, in coordination with other agencies of the Government 
        which are authorized to undertake such collection, ensure that 
        the most effective use is made of resources and that the risks 
        to the United States and those involved in such collection are 
        minimized;
            ``(3) correlate and evaluate intelligence related to the 
        national security and provide appropriate dissemination of such 
        intelligence;
            ``(4) perform such additional services as are of common 
        concern to the elements of the intelligence community, which 
        services the National Intelligence Director determines can be 
        more efficiently accomplished centrally; and
            ``(5) perform such other functions and duties related to 
        intelligence affecting the national security as the President 
        or the National Intelligence Director may direct.
    ``(d) Deputy Director of the Central Intelligence Agency.--There is 
a Deputy Director of the Central Intelligence Agency who shall be 
appointed by the President. The Deputy Director shall perform such 
functions as the Director may prescribe and shall perform the duties of 
the Director during the Director's absence or disability or during a 
vacancy in the position of the Director of the Central Intelligence 
Agency.
    ``(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 considers the termination of 
employment of such officer or employee necessary or advisable in the 
interests of the United States.
    ``(2) Any termination of employment of an officer or employee under 
paragraph (1) shall not affect the right of the officer or employee to 
seek or accept employment in any other department, agency, or element 
of the United States Government if declared eligible for such 
employment by the Office of Personnel Management.''.
    (b) First Director.--(1) When the Senate receives the nomination of 
a person for the initial appointment by the President for the position 
of National Intelligence Director, it shall consider and dispose of 
such nomination within a period of 30 legislative days.
    (2) If the Senate does not dispose of such nomination referred to 
in paragraph (1) within such period--
            (A) Senate confirmation is not required; and
            (B) the appointment of such nominee as National 
        Intelligence Director takes effect upon administration of the 
        oath of office.
    (3) For the purposes of this subsection, the term ``legislative 
day'' means a day on which the Senate is in session.

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 National Intelligence Director, 
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, 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 National Intelligence Director 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 NATIONAL INTELLIGENCE DIRECTOR 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 NID in Certain Appointments.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), the 
National Intelligence Director shall recommend to the President an 
individual for nomination to fill the vacancy.
    ``(2) Paragraph (1) applies to the following positions:
            ``(A) The Deputy National Intelligence Director.
            ``(B) The Director of the Central Intelligence Agency.
    ``(b) Concurrence of NID 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 National Intelligence Director 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).
    ``(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.
    ``(c) Consultation With National Intelligence Director 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 National Intelligence Director 
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 Secretary of State for Intelligence and 
        Research.
            ``(C) The Director of the Office of Intelligence of the 
        Department of Energy.
            ``(D) The Director of the Office of counterintelligence of 
        the Department of Energy.
            ``(E) The Assistant Secretary for Intelligence and Analysis 
        of the Department of the Treasury.
            ``(F) The Executive Assistant Director for Intelligence of 
        the Federal Bureau of Investigation.
            ``(G) The Under Secretary of Homeland Security for 
        Information Analysis and Infrastructure Protection.
            ``(H) The Deputy Assistant Commandant of the Coast Guard 
        for Intelligence.

SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR.

    (a) Initial Appointment of the National Intelligence Director.--
Notwithstanding section 102(a)(1) of the National Security Act of 1947, 
as added by section 1011(a), the individual serving as the Director of 
Central Intelligence on the date immediately preceding the date of the 
enactment of this Act may, at the discretion of the President, become 
the National Intelligence Director as of the date of the enactment of 
this Act.
    (b) General References.--(1) Any reference to the Director of 
Central Intelligence 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 National Intelligence Director.
    (2) Any reference to the Director of Central Intelligence 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.
    (3) Any reference to the Deputy Director of Central Intelligence in 
the Deputy Director's capacity as deputy to 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 Deputy National Intelligence Director.
    (4) Any reference to the Deputy Director of Central Intelligence 
for Community Management in any law, regulation, document, paper, or 
other record of the United States shall be deemed to be a reference to 
the Deputy National Intelligence Director for Community Management and 
Resources.

SEC. 1016. EXECUTIVE SCHEDULE MATTERS.

    (a) Executive Schedule Level I.--Section 5312 of title 5, United 
States Code, is amended by adding the end the following new item:
            ``National Intelligence Director.''.
    (b) Executive Schedule Level II.--Section 5313 of title 5, United 
States Code, is amended by adding at the end the following new items:
            ``Deputy National Intelligence Director.
            ``Director of the National counterterrorism Center.''.
    (c) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by striking the item relating to the Assistant 
Directors of Central Intelligence.

   Subtitle B--National counterterrorism Center and Civil Liberties 
                              Protections

SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.

    (a) In General.--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 National Intelligence Director a National 
counterterrorism Center.
    ``(b) Director of National counterterrorism Center.--There is a 
Director of the National counterterrorism Center, who shall be the head 
of the National counterterrorism Center, who shall be appointed by 
National Intelligence Director.
    ``(c) Supervision.--The Director of the National counterterrorism 
Center shall report to the National Intelligence Director on--
            ``(1) the budget and programs of the National 
        counterterrorism Center;
            ``(2) the activities of the Directorate of Intelligence of 
        the National counterterrorism Center under subsection (h);
            ``(3) the conduct of intelligence operations implemented by 
        other elements of the intelligence community; and
            ``(4) the planning and progress of joint counterterrorism 
        operations (other than intelligence operations).
The National Intelligence Director shall carry out this section through 
the Deputy National Intelligence Director for 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 
        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 support operational responsibilities assigned to 
        lead agencies for counterterrorism activities by ensuring that 
        such agencies have access to and receive intelligence needed to 
        accomplish their assigned activities.
            ``(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.
    ``(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.--The Director of the 
National counterterrorism Center shall--
            ``(1) serve as the principal adviser to the National 
        Intelligence Director on intelligence operations relating to 
        counterterrorism;
            ``(2) provide strategic guidance and 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;
            ``(3) advise the National Intelligence Director 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;
            ``(4) 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;
            ``(5) 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, 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 
        National Intelligence Director;
            ``(6) consistent with priorities approved by the President, 
        assist the National Intelligence Director in establishing 
        requirements for the intelligence community for the collection 
        of terrorism information; and
            ``(7) perform such other duties as the National 
        Intelligence Director may prescribe or are prescribed by law.
    ``(g) Limitation.--The Director of the National counterterrorism 
Center may not direct the execution of counterterrorism operations.
    ``(h) Resolution of Disputes.--The National Intelligence Director 
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. The head of such a department, agency, or element may 
appeal the resolution of the disagreement by the National Intelligence 
Director 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 Planning.--The Director of the 
National counterterrorism Center shall establish and maintain within 
the National counterterrorism Center a Directorate of Strategic 
Planning which shall provide strategic guidance and plans for 
counterterrorism operations conducted by the United States 
Government.''.
    (b) Clerical Amendment.--The table of sections for the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 118 the following new item:

``Sec. 119. National counterterrorism Center.''.

SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.

    (a) Civil Liberties Protection Officer.--(1) Within the Office of 
the National Intelligence Director, there is a Civil Liberties 
Protection Officer who shall be appointed by the National Intelligence 
Director.
    (2) The Civil Liberties Protection Officer shall report directly to 
the National Intelligence Director.
    (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 
        National Intelligence Director and the elements of the 
        intelligence community within the National Intelligence 
        Program;
            (2) oversee compliance by the Office and the National 
        Intelligence Director 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 National Intelligence Director 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 
        National Intelligence Director or specified by law.
    (c) Use of Agency Inspectors General.--When appropriate, the Civil 
Liberties Protection Officer may refer 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).

SEC. 1023. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) In General.--There is established within the intelligence 
community a Privacy and Civil Liberties Oversight Board (referred to in 
this title as the ``Board'').
    (b) Purpose.--The Board shall ensure that concerns with respect to 
civil liberties and privacy are appropriately considered in the 
development and implementation of laws, regulations, and policies 
related to efforts of the intelligence community to protect the Nation 
against terrorism.
    (c) Functions.--
            (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    (A) review the implementation of new and existing 
                legislation, regulations, and policies related to 
                efforts of the intelligence community to protect the 
                Nation from terrorism, including the implementation of 
                intelligence information sharing pursuant to section 
                102A(g) of the National Security Act of 1947 (as 
                amended by section 1011(a));
                    (B) advise the National Intelligence Director and, 
                through the National Intelligence Director, the heads 
                of the Federal executive departments and agencies to 
                ensure that privacy and civil liberties are 
                appropriately considered in the development and 
                implementation of such legislation, regulations, 
                policies, and guidelines; and
                    (C) review proposed legislation, regulations, and 
                policies to ensure--
                            (i) that the proposals materially enhance 
                        security; and
                            (ii) that there is adequate supervision of 
                        the use of the power to ensure protection of 
                        civil liberties and privacy.
            (2) Oversight.--The Board shall continually review--
                    (A) the regulations, policies, and procedures and 
                the implementation of the regulations, policies, 
                procedures, and related laws pertaining to the 
                intelligence community to ensure that privacy and civil 
                liberties are protected; and
                    (B) the intelligence information sharing practices 
                of the intelligence community to determine whether they 
                appropriately protect privacy and civil liberties and 
                adhere to the intelligence information sharing 
                guidelines promulgated under such section 102A(g) and 
                to other governing laws, regulations, and policies 
                regarding the protection of privacy and civil 
                liberties.
    (d) Reports.--
            (1) In general.--The Board shall--
                    (A) receive and review reports from the Civil 
                Liberties Protection Officer described in section 1022; 
                and
                    (B) periodically submit, not less than annually, 
                reports to the National Intelligence Director and the 
                Congress.
            (2) Contents.--Each report submitted under paragraph (1)(B) 
        shall include--
                    (A) a description of the major activities of the 
                Board during the reporting period; and
                    (B) information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (c).
    (e) Informing the Public.--Subject to the direction of the National 
Intelligence Director, the Board may hold public forums, publish public 
reports, and otherwise inform the public of its activities, as 
appropriate and in a manner consistent with the protection of 
classified information and applicable law.
    (f) Access to Information.--If determined by the Board to be 
necessary to carry out its responsibilities under this section, the 
Board may--
            (1) request the National Intelligence Director to secure 
        directly from any element of the intelligence community and 
        other Federal agencies, all relevant records, reports, audits, 
        reviews, documents, papers, or recommendations, including 
        classified information consistent with applicable law; and
            (2) interview, take statements from, or take testimony from 
        personnel of any element of the intelligence community.
    (g) Membership.--
            (1) Members.--The Board shall be composed of a chairman and 
        4 additional members, who shall be appointed by the President, 
        upon the recommendation of the National Intelligence Director.
            (2) Qualifications.--Members of the Board shall be selected 
        solely on the basis of their professional qualifications, 
        achievements, public stature, and relevant experience, and 
        without regard to political affiliation.
            (3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, an officer, or an employee of the Federal Government, 
        other than in the capacity as a member of the Board.
    (h) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) Chairman.--The 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 
                chairman is engaged in the actual performance of the 
                duties of the Board.
                    (B) 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 
        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.
    (i) 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.--The National Intelligence Director may 
        detail any Federal employee within an element of the 
        intelligence community 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, through 
        the National Intelligence Director, 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.
    (j) Security Clearances.--The appropriate Executive agencies shall 
cooperate with the Board to expeditiously provide the Board members and 
staff with appropriate security clearances to the extent possible under 
existing procedures and requirements, except that no person shall be 
provided with access to classified information under this section 
without the appropriate security clearances.
    (k) Application of FACA.--The Board is not an advisory committee 
(as defined in section 3(2) of the Federal Advisory Committee Act (5 
U.S.C. App.)) for purposes of that Act.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

            Subtitle C--Joint Intelligence Community Council

SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.

    (a) Establishment.--There is hereby established a Joint 
Intelligence Community Council.
    (b) Functions.--(1) The Joint Intelligence Community Council shall 
provide advice to the National Intelligence Director as appropriate.
    (2) The National Intelligence Director shall consult with the Joint 
Intelligence Community Council in developing guidance for the 
development of the annual National Intelligence Program budget.
    (c) Membership.--The Joint Intelligence Community Council shall 
consist of the following:
            (1) The National Intelligence Director, 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 officials of the executive branch as the 
        President may designate.

         Subtitle D--Improvement of Human Intelligence (HUMINT)

SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL COMPONENT OF 
              THE INTELLIGENCE COMMUNITY.

    It is a 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 National Intelligence 
        Director.

SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CAPACITY.

    Not later than 6 months after the date of the enactment of this 
Act, the National Intelligence Director shall submit to Congress a 
report on existing human intelligence (HUMINT) capacity which shall 
include a plan to implement changes, as necessary, to accelerate 
improvements to, and increase the capacity of, HUMINT across the 
intelligence community.

  Subtitle E--Improvement of Education for the Intelligence Community

SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER 
              NATIONAL SECURITY EDUCATION PROGRAM.

    (a) In General.--(1) Subsection (b)(2) of section 802 of the David 
L. Boren National Security Education Act of 1991 (50 U.S.C. 1902) is 
amended to read as follows:
            ``(2) will meet the requirements for obligated service 
        described in subsection (j); and''.
    (2) Such section is further amended by adding at the end the 
following new subsection:
    ``(j) Requirements for Obligated Service in the Government.--(1) 
Each recipient of a scholarship or a fellowship under the program shall 
work in a specified national security position. In this subsection, the 
term `specified national security position' means a position of a 
department or agency of the United States that the Secretary certifies 
is appropriate to use the unique language and region expertise acquired 
by the recipient pursuant to the study for which scholarship or 
fellowship assistance (as the case may be) was provided under the 
program.
    ``(2) Each such recipient shall commence work in a specified 
national security position as soon as practicable but in no case later 
than two years after the completion by the recipient of the study for 
which scholarship or fellowship assistance (as the case may be) was 
provided under the program.
    ``(3) Each such recipient shall work in a specified national 
security position for a period specified by the Secretary, which period 
shall include--
            ``(A) in the case of a recipient of a scholarship, one year 
        of service for each year, or portion thereof, for which such 
        scholarship assistance was provided, and
            ``(B) in the case of a recipient of a fellowship, not less 
        than one nor more than three years for each year, or portion 
        thereof, for which such fellowship assistance was provided.
    ``(4) Recipients shall seek specified national security positions 
as follows:
            ``(A) In the Department of Defense or in any element of the 
        intelligence community.
            ``(B) In the Department of State or in the Department of 
        Homeland Security, if the recipient demonstrates to the 
        Secretary that no position is available in the Department of 
        Defense or in any element of the intelligence community.
            ``(C) In any other Federal department or agency not 
        referred to in subparagraphs (A) and (B), if the recipient 
        demonstrates to the Secretary that no position is available in 
        a Federal department or agency specified in such paragraphs.''.
    (b) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out subsection (j) of section 802 of the David L. 
Boren National Security Education Act of 1991, as added by subsection 
(a). In prescribing such regulations, the Secretary shall establish 
standards that recipients of scholarship and fellowship assistance 
under the program under section 802 of the David L. Boren National 
Security Education Act of 1991 are required to demonstrate in order to 
satisfy the requirement of a good faith effort to gain employment as 
required under such subsection.
    (c) Applicability.--(1) The amendments made by subsection (a) shall 
apply with respect to service agreements entered into under the David 
L. Boren National Security Education Act of 1991 on or after the date 
of the enactment of this Act.
    (2) The amendments made by subsection (a) shall not affect the 
force, validity, or terms of any service agreement entered into under 
the David L. Boren National Security Education Act of 1991 before the 
date of the enactment of this Act that is in force as of that date.

SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.

    (a) Increase in Annual Authorization of Appropriations.--(1) Title 
VIII of the Intelligence Authorization Act for Fiscal Year 1992 (Public 
Law 102-183; 105 Stat. 1271), as amended by section 311(c) of the 
Intelligence Authorization Act for Fiscal Year 1994 (Public Law 103-
178; 107 Stat. 2037) and by section 333(b) of the Intelligence 
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 
2397), is amended in subsection (a) of section 811 by striking ``there 
is authorized to be appropriated to the Secretary for each fiscal year, 
beginning with fiscal year 2003, $10,000,000,'' and inserting ``there 
is authorized to be appropriated to the Secretary for each of fiscal 
years 2003 and 2004, $10,000,000, and for fiscal year 2005 and each 
subsequent fiscal year, $12,000,000,''.
    (2) Subsection (b) of such section is amended by inserting ``for 
fiscal years 2003 and 2004 only'' after ``authorization of 
appropriations under subsection (a)''.
    (b) Requirement for Employment Agreements.--(1) Section 802(i) of 
the David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1902(i)) is amended by adding at the end the following new paragraph:
    ``(5)(A) In the case of an undergraduate or graduate student that 
participates in training in programs under paragraph (1), the student 
shall enter into an agreement described in subsection (b), other than 
such a student who has entered into such an agreement pursuant to 
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
    ``(B) In the case of an employee of an agency or department of the 
Federal Government that participates in training in programs under 
paragraph (1), the employee shall agree in writing--
            ``(i) to continue in the service of the agency or 
        department of the Federal Government employing the employee for 
        the period of such training;
            ``(ii) to continue in the service of such agency or 
        department employing the employee following completion of such 
        training for a period of two years for each year, or part of 
        the year, of such training;
            ``(iii) to reimburse the United States for the total cost 
        of such training (excluding the employee's pay and allowances) 
        provided to the employee if, before the completion by the 
        employee of the training, the employment of the employee by the 
        agency or department is terminated due to misconduct by the 
        employee or by the employee voluntarily; and
            ``(iv) to reimburse the United States if, after completing 
        such training, the employment of the employee by the agency or 
        department is terminated either by the agency or department due 
        to misconduct by the employee or by the employee voluntarily, 
        before the completion by the employee of the period of service 
        required in clause (ii), in an amount that bears the same ratio 
        to the total cost of the training (excluding the employee's pay 
        and allowances) provided to the employee as the unserved 
        portion of such period of service bears to the total period of 
        service under clause (ii).
    ``(C) Subject to subparagraph (D), the obligation to reimburse the 
United States under an agreement under subparagraph (A) is for all 
purposes a debt owing the United States.
    ``(D) The head of an element of the intelligence community may 
release an employee, in whole or in part, from the obligation to 
reimburse the United States under an agreement under subparagraph (A) 
when, in the discretion of the head of the element, the head of the 
element determines that equity or the interests of the United States so 
require.''.
    (2) The amendment made by paragraph (1) shall apply to training 
that begins on or after the date that is 90 days after the date of the 
enactment of this Act.
    (c) Increase in the Number of Participating Educational 
Institutions.--The Secretary of Defense shall take such steps as the 
Secretary determines will increase the number of qualified educational 
institutions that receive grants under the National Flagship Language 
Initiative to establish, operate, or improve activities designed to 
train students in programs in a range of disciplines to achieve 
advanced levels of proficiency in those foreign languages that the 
Secretary identifies as being the most critical in the interests of the 
national security of the United States.
    (d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National 
Flagship Language Initiative may support students who pursue total 
immersion foreign language studies overseas of foreign languages that 
are critical to the national security of the United States.

SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE 
              STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED 
              STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.

    (a) Scholarship Program for English Language Studies for Heritage 
Community Citizens of the United States.--(1) Subsection (a)(1) of 
section 802 of the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended--
            (A) by striking ``and'' at the end of subparagraph (C);
            (B) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
                    ``(E) awarding scholarships to students who--
                            ``(i) are United States citizens who--
                                    ``(I) are native speakers (commonly 
                                referred to as heritage community 
                                residents) of a foreign language that 
                                is identified as critical to the 
                                national security interests of the 
                                United States who should be actively 
                                recruited for employment by Federal 
                                security agencies with a need for 
                                linguists; and
                                    ``(II) are not proficient at a 
                                professional level in the English 
                                language with respect to reading, 
                                writing, and interpersonal skills 
                                required to carry out the national 
                                security interests of the United 
                                States, as determined by the Secretary,
                        to enable such students to pursue English 
                        language studies at an institution of higher 
                        education of the United States to attain 
                        proficiency in those skills; and
                            ``(ii) enter into an agreement to work in a 
                        national security position or work in the field 
                        of education in the area of study for which the 
                        scholarship was awarded in a similar manner (as 
                        determined by the Secretary) as agreements 
                        entered into pursuant to subsection 
                        (b)(2)(A).''.
    (2) The matter following subsection (a)(2) of such section is 
amended--
            (A) in the first sentence, by inserting ``or for the 
        scholarship program under paragraph (1)(E)'' after ``under 
        paragraph (1)(D) for the National Flagship Language Initiative 
        described in subsection (i)''; and
            (B) by adding at the end the following: ``For the 
        authorization of appropriations for the scholarship program 
        under paragraph (1)(E), see section 812.''.
    (3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is 
amended by inserting before the period the following: ``and section 
802(a)(1)(E) (relating to scholarship programs for advanced English 
language studies by heritage community residents)''.
    (b) Funding.--The David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the 
following new section:

``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE 
              COMMUNITY RESIDENTS.

    ``There is authorized to be appropriated to the Secretary for each 
fiscal year, beginning with fiscal year 2005, $4,000,000, to carry out 
the scholarship programs for English language studies by certain 
heritage community residents under section 802(a)(1)(E).

SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LANGUAGE AND EDUCATION FOR 
              THE INTELLIGENCE COMMUNITY; REPORTS.

    (a) Sense of Congress.--It is the sense of Congress that there 
should be within the Office of the National Intelligence Director a 
senior official responsible to assist the National Intelligence 
Director in carrying out the Director's responsibilities for 
establishing policies and procedure for foreign language education and 
training of the intelligence community. The duties of such official 
should include the following:
            (1) Overseeing and coordinating requirements for foreign 
        language education and training of the intelligence community.
            (2) Establishing policy, standards, and priorities relating 
        to such requirements.
            (3) Identifying languages that are critical to the 
        capability of the intelligence community to carry out national 
        security activities of the United States.
            (4) Monitoring the allocation of resources for foreign 
        language education and training in order to ensure the 
        requirements of the intelligence community with respect to 
        foreign language proficiency are met.
    (b) Reports.--Not later than one year after the date of the 
enactment of this Act, the National Intelligence Director shall submit 
to Congress the following reports:
            (1) A report that identifies--
                    (A) skills and processes involved in learning a 
                foreign language; and
                    (B) characteristics and teaching techniques that 
                are most effective in teaching foreign languages.
            (2)(A) A report that identifies foreign language heritage 
        communities, particularly such communities that include 
        speakers of languages that are critical to the national 
        security of the United States.
            (B) For purposes of subparagraph (A), the term ``foreign 
        language heritage community'' means a community of residents or 
        citizens of the United States--
                    (i) who are native speakers of, or who have fluency 
                in, a foreign language; and
                    (ii) who should be actively recruited for 
                employment by Federal security agencies with a need for 
                linguists.
            (3) A report on--
                    (A) the estimated cost of establishing a program 
                under which the heads of elements of the intelligence 
                community agree to repay employees of the intelligence 
                community for any student loan taken out by that 
                employee for the study of foreign languages critical 
                for the national security of the United States; and
                    (B) the effectiveness of such a program in 
                recruiting and retaining highly qualified personnel in 
                the intelligence community.

SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE 
              INTELLIGENCE COMMUNITY.

    (a) In General.--Title X of the National Security Act of 1947 (50 
U.S.C.) is amended--
            (1) by inserting before section 1001 (50 U.S.C. 441g) the 
        following:

                ``Subtitle A--Science and Technology'';

        and
            (2) by adding at the end the following new subtitles:

                ``Subtitle B--Foreign Languages Program

     ``program on advancement of foreign languages critical to the 
                         intelligence community

    ``Sec. 1011. (a) Establishment of Program.--The Secretary of 
Defense and the National Intelligence Director may jointly establish a 
program to advance foreign languages skills in languages that are 
critical to the capability of the intelligence community to carry out 
national security activities of the United States (hereinafter in this 
subtitle referred to as the `Foreign Languages Program').
    ``(b) Identification of Requisite Actions.--In order to carry out 
the Foreign Languages Program, the Secretary of Defense and the 
National Intelligence Director shall jointly determine actions required 
to improve the education of personnel in the intelligence community in 
foreign languages that are critical to the capability of the 
intelligence community to carry out national security activities of the 
United States to meet the long-term intelligence needs of the United 
States.

                        ``education partnerships

    ``Sec. 1012. (a) In General.--In carrying out the Foreign Languages 
Program, the head of a department or agency containing an element of an 
intelligence community entity may enter into one or more education 
partnership agreements with educational institutions in the United 
States in order to encourage and enhance the study of foreign languages 
that are critical to the capability of the intelligence community to 
carry out national security activities of the United States in 
educational institutions.
    ``(b) Assistance Provided Under Educational Partnership 
Agreements.--Under an educational partnership agreement entered into 
with an educational institution pursuant to this section, the head of 
an element of an intelligence community entity may provide the 
following assistance to the educational institution:
            ``(1) The loan of equipment and instructional materials of 
        the element of the intelligence community entity to the 
        educational institution for any purpose and duration that the 
        head determines to be appropriate.
            ``(2) Notwithstanding any other provision of law relating 
        to transfers of surplus property, the transfer to the 
        educational institution of any computer equipment, or other 
        equipment, that is--
                    ``(A) commonly used by educational institutions;
                    ``(B) surplus to the needs of the entity; and
                    ``(C) determined by the head of the element to be 
                appropriate for support of such agreement.
            ``(3) The provision of dedicated personnel to the 
        educational institution--
                    ``(A) to teach courses in foreign languages that 
                are critical to the capability of the intelligence 
                community to carry out national security activities of 
                the United States; or
                    ``(B) to assist in the development of such courses 
                and materials for the institution.
            ``(4) The involvement of faculty and students of the 
        educational institution in research projects of the element of 
        the intelligence community entity.
            ``(5) Cooperation with the educational institution in 
        developing a program under which students receive academic 
        credit at the educational institution for work on research 
        projects of the element of the intelligence community entity.
            ``(6) The provision of academic and career advice and 
        assistance to students of the educational institution.
            ``(7) The provision of cash awards and other items that the 
        head of the element of the intelligence community entity 
        determines to be appropriate.

                          ``voluntary services

    ``Sec. 1013. (a) Authority To Accept Services.--Notwithstanding 
section 1342 of title 31, United States Code, and subject to subsection 
(b), the Foreign Languages Program under section 1011 shall include 
authority for the head of an element of an intelligence community 
entity to accept from any individual who is dedicated personnel (as 
defined in section 1016(3)) voluntary services in support of the 
activities authorized by this subtitle.
    ``(b) Requirements and Limitations.--(1) In accepting voluntary 
services from an individual under subsection (a), the head of the 
element shall--
            ``(A) supervise the individual to the same extent as the 
        head of the element would supervise a compensated employee of 
        that element providing similar services; and
            ``(B) ensure that the individual is licensed, privileged, 
        has appropriate educational or experiential credentials, or is 
        otherwise qualified under applicable law or regulations to 
        provide such services.
    ``(2) In accepting voluntary services from an individual under 
subsection (a), the head of an element of the intelligence community 
entity may not--
            ``(A) place the individual in a policymaking position, or 
        other position performing inherently government functions; or
            ``(B) compensate the individual for the provision of such 
        services.
    ``(c) Authority To Recruit and Train Individuals Providing 
Services.--The head of an element of an intelligence community entity 
may recruit and train individuals to provide voluntary services 
accepted under subsection (a).
    ``(d) Status of Individuals Providing Services.--(1) Subject to 
paragraph (2), while providing voluntary services accepted under 
subsection (a) or receiving training under subsection (c), an 
individual shall be considered to be an employee of the Federal 
Government only for purposes of the following provisions of law:
            ``(A) Section 552a of title 5, United States Code (relating 
        to maintenance of records on individuals).
            ``(B) Chapter 11 of title 18, United States Code (relating 
        to conflicts of interest).
    ``(2)(A) With respect to voluntary services accepted under 
paragraph (1) provided by an individual that are within the scope of 
the services so accepted, the individual is deemed to be a volunteer of 
a governmental entity or nonprofit institution for purposes of the 
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
    ``(B) In the case of any claim against such an individual with 
respect to the provision of such services, section 4(d) of such Act (42 
U.S.C. 14503(d)) shall not apply.
    ``(3) Acceptance of voluntary services under this section shall 
have no bearing on the issuance or renewal of a security clearance.
    ``(e) Reimbursement of Incidental Expenses.--(1) The head of an 
element of the intelligence community entity may reimburse an 
individual for incidental expenses incurred by the individual in 
providing voluntary services accepted under subsection (a). The head of 
an element of the intelligence community entity shall determine which 
expenses are eligible for reimbursement under this subsection.
    ``(2) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(f) Authority To Install Equipment.--(1) The head of an element 
of the intelligence community may install telephone lines and any 
necessary telecommunication equipment in the private residences of 
individuals who provide voluntary services accepted under subsection 
(a).
    ``(2) The head of an element of the intelligence community may pay 
the charges incurred for the use of equipment installed under paragraph 
(1) for authorized purposes.
    ``(3) Notwithstanding section 1348 of title 31, United States Code, 
the head of an element of the intelligence community entity may use 
appropriated funds or nonappropriated funds of the element in carrying 
out this subsection.

                             ``regulations

    ``Sec. 1014. (a) In General.--The Secretary of Defense and the 
National Intelligence Director jointly shall promulgate regulations 
necessary to carry out the Foreign Languages Program authorized under 
this subtitle.
    ``(b) Elements of the Intelligence Community.--Each head of an 
element of an intelligence community entity shall prescribe regulations 
to carry out sections 1012 and 1013 with respect to that element 
including the following:
            ``(1) Procedures to be utilized for the acceptance of 
        voluntary services under section 1013.
            ``(2) Procedures and requirements relating to the 
        installation of equipment under section 1013(g).

                             ``definitions

    ``Sec. 1015. In this subtitle:
            ``(1) The term `intelligence community entity' means an 
        agency, office, bureau, or element referred to in subparagraphs 
        (B) through (K) of section 3(4).
            ``(2) The term `educational institution' means--
                    ``(A) a local educational agency (as that term is 
                defined in section 9101(26) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801(26))),
                    ``(B) an institution of higher education (as 
                defined in section 102 of the Higher Education Act of 
                1965 (20 U.S.C. 1002) other than institutions referred 
                to in subsection (a)(1)(C) of such section), or
                    ``(C) any other nonprofit institution that provides 
                instruction of foreign languages in languages that are 
                critical to the capability of the intelligence 
                community to carry out national security activities of 
                the United States.
            ``(3) The term `dedicated personnel' means employees of the 
        intelligence community and private citizens (including former 
        civilian employees of the Federal Government who have been 
        voluntarily separated, and members of the United States Armed 
        Forces who have been honorably discharged or generally 
        discharged under honorable circumstances, and rehired on a 
        voluntary basis specifically to perform the activities 
        authorized under this subtitle).

             ``Subtitle C--Additional Education Provisions

 ``assignment of intelligence community personnel as language students

    ``Sec. 1021. (a) In General.--(1) The National Intelligence 
Director, acting through the heads of the elements of the intelligence 
community, may provide for the assignment of military and civilian 
personnel described in paragraph (2) as students at accredited 
professional, technical, or other institutions of higher education for 
training at the graduate or undergraduate level in foreign languages 
required for the conduct of duties and responsibilities of such 
positions.
    ``(2) Personnel referred to in paragraph (1) are personnel of the 
elements of the intelligence community who serve in analysts positions 
in such elements and who require foreign language expertise required 
for the conduct of duties and responsibilities of such positions.
    ``(b) Authority for Reimbursement of Costs of Tuition and 
Training.--(1) The Director may reimburse an employee assigned under 
subsection (a) for the total cost of the training described in 
subsection (a), including costs of educational and supplementary 
reading materials.
    ``(2) The authority under paragraph (1) shall apply to employees 
who are assigned on a full-time or part-time basis.
    ``(3) Reimbursement under paragraph (1) may be made from 
appropriated or nonappropriated funds.
    ``(c) Relationship to Compensation as an Analyst.--Reimbursement 
under this section to an employee who is an analyst is in addition to 
any benefits, allowances, travels, or other compensation the employee 
is entitled to by reason of serving in such an analyst position.''.
    (b) Clerical Amendment.--The table of contents for the National 
Security Act of 1947 is amended by striking the item relating to 
section 1001 and inserting the following new items:

                  ``Subtitle A--Science and Technology

``Sec. 1001. Scholarships and work-study for pursuit of graduate 
                            degrees in science and technology.
                ``Subtitle B--Foreign Languages Program

``Sec. 1011. Program on advancement of foreign languages critical to 
                            the intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.
             ``Subtitle C--Additional Education Provisions

``Sec. 1021. Assignment of intelligence community personnel as language 
                            students.''.

SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

    (a) Pilot Project.--The National Intelligence Director shall 
conduct a pilot project to establish a Civilian Linguist Reserve Corps 
comprised of United States citizens with advanced levels of proficiency 
in foreign languages who would be available upon a call of the 
President to perform such service or duties with respect to such 
foreign languages in the Federal Government as the President may 
specify.
    (b) Conduct of Project.--Taking into account the findings and 
recommendations contained in the report required under section 325 of 
the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 
107-306; 116 Stat. 2393), in conducting the pilot project under 
subsection (a) the National Intelligence Director shall--
            (1) identify several foreign languages that are critical 
        for the national security of the United States;
            (2) identify United States citizens with advanced levels of 
        proficiency in those foreign languages who would be available 
        to perform the services and duties referred to in subsection 
        (a); and
            (3) implement a call for the performance of such services 
        and duties.
    (c) Duration of Project.--The pilot project under subsection (a) 
shall be conducted for a three-year period.
    (d) Authority To Enter Into Contracts.--The National Intelligence 
Director may enter into contracts with appropriate agencies or entities 
to carry out the pilot project under subsection (a).
    (e) Reports.--(1) The National Intelligence Director shall submit 
to Congress an initial and a final report on the pilot project 
conducted under subsection (a).
    (2) Each report required under paragraph (1) shall contain 
information on the operation of the pilot project, the success of the 
pilot project in carrying out the objectives of the establishment of a 
Civilian Linguist Reserve Corps, and recommendations for the 
continuation or expansion of the pilot project.
    (3) The final report shall be submitted not later than 6 months 
after the completion of the project.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Intelligence Director such sums as are 
necessary for each of fiscal years 2005, 2006, and 2007 in order to 
carry out the pilot project under subsection (a).

SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL 
              TRANSLATION CENTER.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 402 et seq.), as amended by section 1021(a), is further amended 
by adding at the end the following new section:

                 ``national virtual translation center

    ``Sec. 120. (a) In General.--There is an element of the 
intelligence community known as the National Virtual Translation Center 
under the direction of the National Intelligence Director.
    ``(b) Function.--The National Virtual Translation Center shall 
provide for timely and accurate translations of foreign intelligence 
for all other elements of the intelligence community.
    ``(c) Facilitating Access to Translations.--In order to minimize 
the need for a central facility for the National Virtual Translation 
Center, the Center shall--
            ``(1) use state-of-the-art communications technology;
            ``(2) integrate existing translation capabilities in the 
        intelligence community; and
            ``(3) use remote-connection capacities.
    ``(d) Use of Secure Facilities.--Personnel of the National Virtual 
Translation Center may carry out duties of the Center at any location 
that--
            ``(1) has been certified as a secure facility by an agency 
        or department of the United States; and
            ``(2) the National Intelligence Director determines to be 
        appropriate for such purpose.''.
    (b) Clerical Amendment.--The table of sections for that Act, as 
amended by section 1021(b), is further amended by inserting after the 
item relating to section 119 the following new item:

``Sec. 120. National Virtual Translation Center.''.

SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS 
              OF THE DEFENSE LANGUAGE INSTITUTE.

    (a) Study.--The Secretary of Defense shall conduct a study on 
methods to improve the recruitment and retention of qualified foreign 
language instructors at the Foreign Language Center of the Defense 
Language Institute. In conducting the study, the Secretary shall 
consider, in the case of a foreign language instructor who is an alien, 
to expeditiously adjust the status of the alien from a temporary status 
to that of an alien lawfully admitted for permanent residence.
    (b) Report.--(1) Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on the study conducted 
under subsection (a), and shall include in that report recommendations 
for such changes in legislation and regulation as the Secretary 
determines to be appropriate.
    (2) Definition.--In this subsection, the term ``appropriate 
congressional committees'' means the following:
            (A) The Select Committee on Intelligence and the Committee 
        on Armed Services of the Senate.
            (B) The Permanent Select Committee on Intelligence and the 
        Committee on Armed Services of the House of Representatives.

     Subtitle F--Additional Improvements of Intelligence Activities

SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY 
              SEPARATION INCENTIVE PROGRAM.

    (a) Extension of Program.--Section 2 of the Central Intelligence 
Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively.
    (b) Termination of Funds Remittance Requirement.--(1) Section 2 of 
such Act (50 U.S.C. 403-4 note) is further amended by striking 
subsection (i).
    (2) Section 4(a)(2)(B)(ii) of the Federal Workforce Restructuring 
Act of 1994 (5 U.S.C. 8331 note) is amended by striking ``, or section 
2 of the Central Intelligence Agency Voluntary Separation Pay Act 
(Public Law 103-36; 107 Stat. 104)''.

SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.

    The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end the following new section:
    ``Sec. 19. (a) There is established the National Security Agency 
Emerging Technologies Panel. The panel is a standing panel of the 
National Security Agency. The panel shall be appointed by, and shall 
report directly to, the Director.
    ``(b) The National Security Agency Emerging Technologies Panel 
shall study and assess, and periodically advise the Director on, the 
research, development, and application of existing and emerging science 
and technology advances, advances on encryption, and other topics.
    ``(c) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply with respect to the National Security Agency Emerging 
Technologies Panel.''.

              Subtitle G--Conforming and Other Amendments

SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
              INTELLIGENCE DIRECTOR 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 ``National Intelligence Director'':
            (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
            (B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
            (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
            (D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
            (E) Section 101(j) (50 U.S.C. 402(j)).
            (F) Section 105(a) (50 U.S.C. 403-5(a)).
            (G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
            (H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
            (I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place 
        it appears.
            (J) Section 110(b) (50 U.S.C. 404e(b)).
            (K) Section 110(c) (50 U.S.C. 404e(c)).
            (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
            (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
            (N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
            (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
            (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
            (Q) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
            (R) Section 115(b) (50 U.S.C. 404j(b)).
            (S) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
            (T) Section 116(a) (50 U.S.C. 404k(a)).
            (U) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
            (V) Section 303(a) (50 U.S.C. 405(a)), both places it 
        appears.
            (W) Section 501(d) (50 U.S.C. 413(d)).
            (X) Section 502(a) (50 U.S.C. 413a(a)).
            (Y) Section 502(c) (50 U.S.C. 413a(c)).
            (Z) Section 503(b) (50 U.S.C. 413b(b)).
            (AA) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
            (BB) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
            (CC) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
            (DD) Section 603(a) (50 U.S.C. 423(a)).
            (EE) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
            (FF) Section 702(a)(6)(B)(viii) (50 U.S.C. 
        432(a)(6)(B)(viii)).
            (GG) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places 
        it appears.
            (HH) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
            (II) Section 703(a)(6)(B)(viii) (50 U.S.C. 
        432a(a)(6)(B)(viii)).
            (JJ) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places 
        it appears.
            (KK) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
            (LL) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
            (MM) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places 
        it appears.
            (NN) Section 1001(a) (50 U.S.C. 441g(a)).
            (OO) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
            (PP) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
            (QQ) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
            (RR) 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 ``National 
Intelligence Director'':
            (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)).
            (D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it 
        appears.
            (E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
            (F) 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 ``National 
Intelligence Director, 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 
        National Intelligence Director, 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 National Intelligence Director''.
    (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 national intelligence director''.

    (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 ``National Intelligence 
Director'':
            (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 ``National Intelligence Director''.
    (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 ``National 
Intelligence Director''.
    (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 ``National 
        Intelligence Director''.
            (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 ``National Intelligence 
        Director'':
                    (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 ``National Intelligence Director'':
                    (i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
                    (ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
                    (iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
                    (iv) Section 904(h) (50 U.S.C. 402c(h)), each place 
                it appears.
                    (v) 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 ``National 
        Intelligence Director 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 ``National 
        Intelligence Director''.
            (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 ``National 
        Intelligence Director'':
                    (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 ``National Intelligence Director''.
            (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 ``Deputy 
National Intelligence Director''.
    (2) 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(g) of this Act''.
    (3) 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 Deputy National Intelligence Director, or with 
respect to employees of the Central Intelligence Agency, to the 
Director of the Central Intelligence Agency''.
    (4) 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 National Intelligence 
Director''.
    (5) 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 National Intelligence Director''.
    (6) 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 National Intelligence 
Director''.
    (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(g) 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(g) of the National Security 
Act of 1947 (50 U.S.C. 403-3(c)(1)) that the National Intelligence 
Director''.
    (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(g) of the National 
        Security Act of 1947 (50 U.S.C. 403-3(c)(1))''.
            (B) 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 National Intelligence Director''; and
                    (ii) in subsection (l), by striking ``Office of the 
                Director of Central Intelligence'' and inserting 
                ``Office of the National Intelligence Director''.
            (2) Public law 108-177.--Section 317 of the Intelligence 
        Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 
        U.S.C. 403-3 note) is amended--
                    (A) in subsection (g), by striking ``Assistant 
                Director of Central Intelligence for Analysis and 
                Production'' and inserting ``Deputy National 
                Intelligence Director''; and
                    (B) in subsection (h)(2)(C), by striking 
                ``Assistant Director'' and inserting ``Deputy National 
                Intelligence Director''.

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 National Intelligence 
                Director.
                    ``(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 National Intelligence 
                Director 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) Section 506(a) of the National 
Security Act of 1947 (50 U.S.C. 415a(a)) is amended by striking 
``National Foreign Intelligence Program'' and inserting ``National 
Intelligence Program''.
    (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''.
    (c) Heading Amendment.--The heading of section 506 of that Act is 
amended by striking ``foreign''.

SEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES.

    (a) Appointment of Certain Intelligence Officials.--Section 106 of 
the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
    (b) Collection Tasking 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 for the National Security Act of 1947 is 
amended--
            (1) by striking the items relating to sections 102 through 
        104 and inserting the following new items:

``Sec. 102. National Intelligence Director.
``Sec. 102A. Responsibilities and authorities of National Intelligence 
                            Director.
``Sec. 103. Office of the National Intelligence Director.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.''; and
            (2) by striking the item relating to section 114 and 
        inserting the following new item:

``Sec. 114. Additional annual reports from the National Intelligence 
                            Director.'';
            and
            (3) 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''.

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. ACCESS TO INSPECTOR GENERAL PROTECTIONS.

    Section 17(a)(1) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403q(a)(1)) is amended by inserting before the semicolon at the 
end the following: ``and to programs and operations of the Office of 
the National Intelligence Director''.

SEC. 1079. 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 National Intelligence Director.
    (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 National Intelligence Director.

SEC. 1080. APPLICATION OF OTHER LAWS.

    (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 National Intelligence 
                Director; 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 National 
Intelligence Director, the National Intelligence Director 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 National Intelligence Director,'' before ``the Central 
Intelligence Agency''.

   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 
National Intelligence Director the staff of the Community Management 
Staff as of the date of the enactment of this Act, including all 
functions and activities discharged by the Community Management Staff 
as of that date.
    (b) Administration.--The National Intelligence Director shall 
administer the Community Management Staff after the date of the 
enactment of this Act as a component of the Office of the National 
Intelligence Director under section 103(b) of the National Security Act 
of 1947, as amended by section 1011(a).

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), 
including all functions and activities discharged by the Terrorist 
Threat Integration Center 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).

SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL 
              INTELLIGENCE.

    (a) Termination.--The positions within the Central Intelligence 
Agency referred to in subsection (b) are hereby abolished.
    (b) Covered Positions.--The positions within the Central 
Intelligence Agency 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.

    (a) Submission of 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 National Intelligence Director pursuant to this title.
            (2) Any consolidation, reorganization, or streamlining of 
        activities transferred to the National Intelligence Director 
        pursuant to this title.
            (3) The establishment of offices within the Office of the 
        National Intelligence Director to implement the duties and 
        responsibilities of the National Intelligence Director 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 National Intelligence 
        Director.
            (5) Recommendations for additional legislative or 
        administrative action as the Director considers appropriate.
    (b) Sense of Congress.--It is the sense of Congress that the 
permanent location for the headquarters for the Office of the National 
Intelligence Director, should be at a location other than the George 
Bush Center for Intelligence in Langley, Virginia.

SEC. 1095. TRANSITIONAL AUTHORITIES.

    Upon the request of the National Intelligence Director, the head of 
any executive agency may, on a reimbursable basis, provide services or 
detail personnel to the National Intelligence Director.

SEC. 1096. 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 
on the date of the enactment of this Act.
    (b) Specific Effective Dates.--(1)(A) Not later than 60 days after 
the date of the enactment of this Act, the National Intelligence 
Director shall first appoint individuals to positions within the Office 
of the National Intelligence Director.
    (B) Subparagraph (A) shall not apply with respect to the Deputy 
National Intelligence Director.
    (2) Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to Congress the implementation plan 
required under section 1904.
    (3) Not later than one year after the date of the enactment of this 
Act, the National Intelligence Director 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).

             TITLE II--TERRORISM PREVENTION AND PROSECUTION

     Subtitle A--Individual Terrorists as Agents of Foreign Powers

SECTION 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.

    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 therefor; or''.

       Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004

SEC. 2021. SHORT TITLE.

    This subtitle may be cited as the ``Stop Terrorist and Military 
Hoaxes Act of 2004''.

SEC. 2022. 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 25 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.--Whoever, without lawful authority, 
        makes a false statement, with intent to convey false or 
        misleading information, about the death, injury, capture, or 
        disappearance of a member of the Armed Forces of the United 
        States during a war or armed conflict in which the United 
        States is engaged, shall--
                    ``(A) be fined under this title or imprisoned not 
                more than 5 years, or both;
                    ``(B) if serious bodily injury results, be fined 
                under this title or imprisoned not more than 25 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.
    ``(b) Civil Action.--Whoever knowingly engages in any conduct with 
intent to convey false or misleading information under circumstances 
where such information may reasonably be believed and where such 
information indicates that an activity has taken, is taking, or will 
take place that would constitute a violation of chapter 2, 10, 11B, 39, 
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of 
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide 
or attempted homicide is involved, or section 60123(b) of title 49 is 
liable in a civil action to any party incurring expenses incident to 
any emergency or investigative response to that conduct, for those 
expenses.
    ``(c) Reimbursement.--
            ``(1) In general.--The court, in imposing a sentence on a 
        defendant who has been convicted of an offense under subsection 
        (a), shall order the defendant to reimburse any 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. 2023. 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 matter relates to international or 
domestic terrorism (as defined in section 2331), imprisoned not more 
than 10 years, or both''.
    (b) Sentencing Guidelines.--Not later than 30 days 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 a matter relating to international or 
domestic terrorism, as defined in section 2331 of such title.

SEC. 2024. 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 C--Material Support to Terrorism Prohibition Enhancement Act 
                                of 2004

SEC. 2041. SHORT TITLE.

    This subtitle may be cited as the ``Material Support to Terrorism 
Prohibition Enhancement Act of 2004''.

SEC. 2042. 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;
            ``(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. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.

    (a) Additions to Offense of Providing Material Support to 
Terrorists.--Section 2339A(a) of title 18, United States Code, is 
amended--
            (1) by designating the first sentence as paragraph (1);
            (2) by designating the second sentence as paragraph (3);
            (3) by inserting after paragraph (1) as so designated by 
        this subsection the following:
            ``(2)(A) Whoever in a circumstance described in 
        subparagraph (B) provides material support or resources or 
        conceals or disguises the nature, location, source, or 
        ownership of material support or resources, knowing or 
        intending that they are to be used in preparation for, or in 
        carrying out, an act of international or domestic terrorism (as 
        defined in section 2331), or in preparation for, or in carrying 
        out, the concealment or escape from the commission of any such 
        act, or attempts or conspires to do so, shall be punished as 
        provided under paragraph (1) for an offense under that 
        paragraph.
            ``(B) The circumstances referred to in subparagraph (A) are 
        any of the following:
                    ``(i) The offense occurs in or affects interstate 
                or foreign commerce.
                    ``(ii) The act of terrorism is an act of 
                international or domestic terrorism that violates the 
                criminal law of the United States.
                    ``(iii) The act of terrorism is an act of domestic 
                terrorism that appears to be intended to influence the 
                policy, or affect the conduct, of the Government of the 
                United States or a foreign government.
                    ``(iv) An offender, acting within the United States 
                or outside the territorial jurisdiction of the United 
                States, is a national of the United States (as defined 
                in section 101(a)(22) of the Immigration and 
                Nationality Act), an alien lawfully admitted for 
                permanent residence in the United States (as defined in 
                section 101(a)(20) of the Immigration and Nationality 
                Act), or a stateless person whose habitual residence is 
                in the United States, and the act of terrorism is an 
                act of international terrorism that appears to be 
                intended to influence the policy, or affect the 
                conduct, of the Government of the United States or a 
                foreign government.
                    ``(v) An offender, acting within the United States, 
                is an alien, and the act of terrorism is an act of 
                international terrorism that appears to be intended to 
                influence the policy, or affect the conduct, of the 
                Government of the United States or a foreign 
                government.
                    ``(vi) An offender, acting outside the territorial 
                jurisdiction of the United States, is an alien and the 
                act of terrorism is an act of international terrorism 
                that appears to be intended to influence the policy of, 
                or affect the conduct of, the Government of the United 
                States.
                    ``(vii) An offender aids or abets any person over 
                whom jurisdiction exists under this paragraph in 
                committing an offense under this paragraph or conspires 
                with any person over whom jurisdiction exists under 
                this paragraph to commit an offense under this 
                paragraph.''; and
            (4) by inserting ``act or'' after ``underlying''.
    (b) Definitions.--Section 2339A(b) of title 18, United States Code, 
is amended--
            (1) by striking ``In this'' and inserting ``(1) In this'';
            (2) by inserting ``any property, tangible or intangible, or 
        service, including'' after ``means'';
            (3) by inserting ``(one or more individuals who may be or 
        include oneself)'' after ``personnel'';
            (4) by inserting ``and'' before ``transportation'';
            (5) by striking ``and other physical assets''; and
            (6) by adding at the end the following:
    ``(2) As used in this subsection, the term `training' means 
instruction or teaching designed to impart a specific skill, as opposed 
to general knowledge, and 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 inserting ``in a 
        circumstance described in paragraph (2)'' ; 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--
            (1) by inserting ``(1)'' before ``There''; and
            (2) by adding at the end the following:
    ``(2) The circumstances referred to in paragraph (1) are any of the 
following:
            ``(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.
            ``(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.
            ``(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).''.
    (e) Definition.--Paragraph (4) of section 2339B(g) 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;''.
    (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 one 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.''.

SEC. 2044. 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 D--Weapons of Mass Destruction Prohibition Improvement Act of 
                                  2004

SEC. 2051. SHORT TITLE.

    This subtitle may be cited as the ``Weapons of Mass Destruction 
Prohibition Improvement Act of 2004''.

SEC. 2052. 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.

SEC. 2053. 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 or atomic weapon''.
    (b) 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 
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) 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 in nuclear and weapons of mass destruction 
        threats to the United States)''.

          Subtitle E--Money Laundering and Terrorist Financing

   CHAPTER 1--FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST 
                               FINANCING

SEC. 2101. 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 databanks $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. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY 
              REAUTHORIZATION.

    (a) Program.--Section 5341(a)(2) of title 31, United States Code, 
is amended by striking ``and 2003,'' and inserting ``2003, and 2005,''.
    (b) Reauthorization of Appropriations.--Section 5355 of title 31, 
United States Code, is amended by adding at the end the following:


 
 
 
``Fiscal year 2004....................................      $15,000,000
Fiscal year 2005......................................   $15,000,000''.

   CHAPTER 2--ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES INCLUDING 
                          TERRORIST FINANCING

 Subchapter A--Money Laundering Abatement and Financial Antiterrorism 
                         Technical Corrections

SEC. 2111. SHORT TITLE.

    This subtitle may be cited as the ``Money Laundering Abatement and 
Financial Antiterrorism Technical Corrections Act of 2004''.

SEC. 2112. 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 of Public Law 107-56 is amended by 
striking the item relating to title III and inserting the following new 
item:

  ``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 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 inserting a period after ``December 31, 2001'' 
and striking all that follows through the period at the end of each 
such subsection.
    (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) by striking ``.'.'' at the end of such section and 
        inserting ``--'''.
    (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 2nd 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. 2113. 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 2nd 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 new item:

``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. 2114. REPEAL OF REVIEW.

    Title III of Public Law 107-56 is amended by striking section 303 
(31 U.S.C. 5311 note).

SEC. 2115. EFFECTIVE DATE.

    The amendments made by this subtitle 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 the enactment of such 
Public Law, and no amendment made by such Public Law that is 
inconsistent with an amendment made by this subtitle shall be deemed to 
have taken effect.

               Subchapter B--Additional Enforcement Tools

SEC. 2121. 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. 2122. CONDUCT IN AID OF COUNTERFEITING.

    (a) In General.--Section 474(a) of title 18, United States Code, is 
amended by inserting after the paragraph beginning ``Whoever has in his 
control, custody, or possession any plate'' the following:
    ``Whoever, with intent to defraud, has in his custody, control, or 
possession any material that can be used to make, alter, forge or 
counterfeit any obligations and other securities of the United States 
or any part of such securities and obligations, except under the 
authority of the Secretary of the Treasury; or''.
    (b) Foreign Obligations and Securities.--Section 481 of title 18, 
United States Code, is amended by inserting after the paragraph 
beginning ``Whoever, with intent to defraud'' the following:
    ``Whoever, with intent to defraud, has in his custody, control, or 
possession any material that can be used to make, alter, forge or 
counterfeit any obligation or other security of any foreign government, 
bank or corporation; or''.
    (c) Counterfeit Acts.--Section 470 of title 18, United States Code, 
is amended by striking ``or 474'' and inserting ``474, or 474A''.
    (d) Materials Used in Counterfeiting.--Section 474A(b) of title 18, 
United States Code, is amended by striking ``any essentially 
identical'' and inserting ``any thing or material made after or in the 
similitude of any''.

             Subtitle F--Criminal History Background Checks

SEC. 2141. SHORT TITLE.

    This subtitle may be cited as the ``Criminal History Access Means 
Protection of Infrastructures and Our Nation''.

SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS.

    (a) In General.--Section 534 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(f)(1) Under rules prescribed by the Attorney General, the 
Attorney General shall establish and maintain a system for providing to 
an employer criminal history information that--
            ``(A) is in the possession of the Attorney General; and
            ``(B) is requested by an employer as part of an employee 
        criminal history investigation that has been authorized by the 
        State where the employee works or where the employer has their 
        principal place of business;
in order to ensure that a prospective employee is suitable for certain 
employment positions.
    ``(2) The Attorney General shall require that an employer seeking 
criminal history information of an employee request such information 
and submit fingerprints or other biometric identifiers as approved by 
the Attorney General to provide a positive and reliable identification 
of such prospective employee.
    ``(3) The Director of the Federal Bureau of Investigation may 
require an employer to pay a reasonable fee for such information.
    ``(4) Upon receipt of fingerprints or other biometric identifiers, 
the Attorney General shall conduct an Integrated Fingerprint 
Identification System of the Federal Bureau of Investigation (IAFIS) 
check and provide the results of such check to the requester.
    ``(5) As used in this subsection,
            ``(A) the term `criminal history information' and `criminal 
        history records' includes--
                    ``(i) an identifying description of the individual 
                to whom it pertains;
                    ``(ii) notations of arrests, detentions, 
                indictments, or other formal criminal charges 
                pertaining to such individual; and
                    ``(iii) any disposition to a notation revealed in 
                subparagraph (B), including acquittal, sentencing, 
                correctional supervision, or release.
            ``(B) the term `Integrated Automated Fingerprint 
        Identification System of the Federal Bureau of Investigation 
        (IAFIS)' means the national depository for fingerprint, 
        biometric, and criminal history information, through which 
        fingerprints are processed electronically.
    ``(6) Nothing in this subsection shall preclude the Attorney 
General from authorizing or requiring criminal history record checks on 
individuals employed or seeking employment in positions vital to the 
Nation's critical infrastructure or key resources as those terms are 
defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)) 
and section 2(9) of the Homeland Security Act of 2002 (6 U.S.C. 
101(9)).''.
    (b) Report to Congress.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Attorney General shall report to 
        the appropriate committees of Congress 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.
            (2) Identification of information.--The Attorney General 
        shall identify the number of records requested, including the 
        type of information requested, usage of different terms and 
        definitions regarding criminal history information, and the 
        variation in fees charged for such information and who pays 
        such fees.
            (3) Recommendations.--The Attorney General shall make 
        recommendations for consolidating the existing procedures into 
        a unified procedure consistent with that provided in section 
        534(f) of title 28, United States Code, as amended by this 
        subtitle.

Subtitle G--Protection of United States Aviation System From Terrorist 
                                Attacks

SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.

    (a) Use of Biometric 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 120 days after the date 
        of enactment of paragraph (5), 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 biometrics 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 biometrics in airport access control systems 
                (including airport perimeter access control systems) to 
                ensure that the biometric systems are effective, 
                reliable, and secure;
                    ``(B) a list of products and vendors that meet such 
                requirements and standards;
                    ``(C) procedures for implementing biometric 
                systems--
                            ``(i) to ensure that individuals do not use 
                        an assumed identity to enroll in a biometric 
                        system; and
                            ``(ii) to resolve failures to enroll, false 
                        matches, and false non-matches; and
                    ``(D) best practices for incorporating biometric 
                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 shall--
                            ``(i) establish a law enforcement officer 
                        travel credential that incorporates biometrics 
                        and is uniform across all Federal, State, and 
                        local government law enforcement agencies;
                            ``(ii) establish a process by which the 
                        travel credential will be used to verify the 
                        identity of a Federal, State, or local 
                        government 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, and local government law 
                                enforcement officers are issued the 
                                travel credential;
                                    ``(II) to resolve failures to 
                                enroll, false matches, and false non-
                                matches relating to use of the travel 
                                credential; and
                                    ``(III) to invalidate any travel 
                                credential that is lost, stolen, or no 
                                longer authorized for use;
                            ``(iv) begin issuance of the travel 
                        credential to each Federal, State, and local 
                        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 Secretary 
                        considers appropriate.
                    ``(B) Funding.--There are 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 information.--The term `biometric 
                information' means the distinct physical or behavioral 
                characteristics that are used for identification, or 
                verification of the identity, of an individual.
                    ``(B) Biometrics.--The term `biometrics' 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 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 information, or other factors.
                    ``(D) False match.--The term `false match' means 
                the incorrect matching of one individual's biometric 
                information to another individual's biometric 
                information by a biometric system.
                    ``(E) False non-match.--The term `false non-match' 
                means the rejection of a valid identity by a biometric 
                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) Funding for Use of Biometric Technology in Airport Access 
Control Systems.--
            (1) Grant authority.--Section 44923(a)(4) of title 49, 
        United States Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) for projects to implement biometric technologies in 
        accordance with guidance issued under section 44903(h)(4)(E); 
        and''.
            (2) Authorization of appropriations.--Section 44923(i)(1) 
        of such title is amended by striking ``$250,000,000 for each of 
        fiscal years 2004 through 2007'' and inserting ``$250,000,000 
        for fiscal year 2004, $345,000,000 for fiscal year 2005, and 
        $250,000,000 for each of fiscal years 2006 and 2007''.

SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLANNING.

    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) Transportation Security Strategic Planning.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        prepare and update, as needed, a transportation sector specific 
        plan and transportation modal security plans in accordance with 
        this section.
            ``(2) Contents.--At a minimum, the modal security plan for 
        aviation prepared under paragraph (1) shall--
                    ``(A) set risk-based priorities for defending 
                aviation assets;
                    ``(B) select the most practical and cost-effective 
                methods for defending aviation assets;
                    ``(C) assign roles and missions to Federal, State, 
                regional, and local authorities and to stakeholders;
                    ``(D) establish a damage mitigation and recovery 
                plan for the aviation system in the event of a 
                terrorist attack; and
                    ``(E) 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.
            ``(3) Reports.--Not later than 180 days after the date of 
        enactment of the subsection and annually thereafter, the 
        Secretary shall submit 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 containing the plans prepared under paragraph 
        (1), including any updates to the plans. The report may be 
        submitted in a classified format.
    ``(d) Operational Criteria.--Not later than 90 days after the date 
of submission of the report under subsection (c)(3), 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 
subsection (c)(1) and shall approve best practices guidelines for 
airport assets.''.

SEC. 2173. NEXT GENERATION AIRLINE PASSENGER PRESCREENING.

    (a) In General.--Section 44903(j)(2) of title 49, United States 
Code, is amended by adding at the end the following:
                    ``(C) Next generation airline passenger 
                prescreening.--
                            ``(i) Commencement of testing.--Not later 
                        than November 1, 2004, the Assistant Secretary 
                        of Homeland Security (Transportation Security 
                        Administration), or the designee of the 
                        Assistant Secretary, shall commence testing of 
                        a next generation passenger prescreening system 
                        that will allow the Department of Homeland 
                        Security to assume the performance of comparing 
                        passenger name records 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 
                        assume the performance of the passenger 
                        prescreening function of comparing passenger 
                        name records 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 (i), 
                        the Assistant Secretary shall--
                                    ``(I) establish a procedure to 
                                enable airline passengers, who are 
                                delayed or prohibited from boarding a 
                                flight because the next generation 
                                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 name records.--Not later 
                        than 60 days after the completion of the 
                        testing of the next generation passenger 
                        prescreening system, the Assistant Secretary 
                        shall require air carriers to supply to the 
                        Assistant Secretary the passenger name records 
                        needed to begin implementing the next 
                        generation passenger prescreening system.
                    ``(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 issued a credential for access 
                        to the secure area of an airport; or
                            ``(iii) being issued a credential for 
                        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) Appeal procedures.--The Assistant Secretary 
                shall establish a timely and fair process for 
                individuals identified as a threat under subparagraph 
                (D) to appeal the determination and correct any 
                erroneous information.
                    ``(F) 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).''.
    (b) GAO Report.--
            (1) In general.--Not later than 90 days after the date on 
        which the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) assumes performance of 
        the passenger prescreening function under section 
        44903(j)(2)(C)(ii) of title 49, United States Code, the 
        Comptroller General shall submit to the appropriate 
        congressional committees a report on the assumption of such 
        function. The report may be submitted in a classified format.
            (2) Contents.--The report under paragraph (1) shall 
        address--
                    (A) whether a system exists in the next generation 
                passenger prescreening system whereby aviation 
                passengers, determined to pose a threat and either 
                delayed or prohibited from boarding their scheduled 
                flights by the Transportation Security Administration, 
                may appeal such a decision and correct erroneous 
                information;
                    (B) the sufficiency of identifying information 
                contained in passenger name records and any government 
                databases for ensuring that a large number of false 
                positives will not result under the next generation 
                passenger prescreening system in a significant number 
                of passengers being treated as a threat mistakenly or 
                in security resources being diverted;
                    (C) whether the Transportation Security 
                Administration stress tested the next generation 
                passenger prescreening system;
                    (D) whether an internal oversight board has been 
                established in the Department of Homeland Security to 
                monitor the next generation passenger prescreening 
                system;
                    (E) whether sufficient operational safeguards have 
                been established to prevent the opportunities for abuse 
                of the system;
                    (F) whether substantial security measures are in 
                place to protect the passenger prescreening database 
                from unauthorized access;
                    (G) whether policies have been adopted for the 
                effective oversight of the use and operation of the 
                system;
                    (H) whether specific privacy concerns still exist 
                with the system; and
                    (I) whether appropriate life cycle cost estimates 
                have been developed, and a benefit and cost analysis 
                has been performed, for the system.

SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT 
              AIRPORT SCREENING CHECKPOINTS.

    (a) Nonmetallic Weapons and Explosives.--In order to improve 
security, the Assistant Secretary of Homeland Security (Transportation 
Security Administration) shall give priority to developing, testing, 
improving, and deploying technology at screening checkpoints at 
airports that will detect nonmetallic weapons and explosives on the 
person of individuals, in their clothing, or in their carry-on baggage 
or personal property and shall ensure that the equipment alone, or as 
part of an integrated system, can detect under realistic operating 
conditions the types of nonmetallic 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 Act, the Assistant Secretary shall transmit 
        to the appropriate congressional committees a strategic plan to 
        promote the optimal utilization and deployment of explosive 
        detection systems at airports to screen individuals and their 
        carry-on baggage or personal property, including walk-through 
        explosive detection portals, document scanners, shoe scanners, 
        and any other explosive detection equipment for use at a 
        screening checkpoint. The plan may be transmitted in a 
        classified format.
            (2) Contents.--The strategic plan shall include 
        descriptions of the operational applications of explosive 
        detection equipment at airport screening checkpoints, a 
        deployment schedule and quantities of equipment needed to 
        implement the plan, and funding needs for implementation of the 
        plan, including a financing plan that provides for leveraging 
        non-Federal funding.

SEC. 2175. 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 assistance.--Assistance provided by the 
        Assistant Secretary to air carriers that volunteer to 
        participate in the pilot program shall include the use of 
        blast-resistant containers and financial assistance to cover 
        increased costs to the carriers associated with the use and 
        maintenance of the containers, including increased fuel costs.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Assistant Secretary shall submit to appropriate 
congressional committees a report on the results of the pilot program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000. Such sums shall 
remain available until expended.

SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.

    The Transportation Security Administration shall develop technology 
to better identify, track, and screen air cargo.

SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.

    Section 44940 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Checkpoint Screening Security Fund.--
            ``(1) Establishment.--There is established in the 
        Department of Homeland Security a fund to be known as the 
        `Checkpoint Screening Security Fund'.
            ``(2) Deposits.--In each of fiscal years 2005 and 2006, 
        after amounts are made available under section 44923(h), the 
        next $30,000,000 derived from fees received under subsection 
        (a)(1) shall be available to be deposited in the Fund.
            ``(3) Fees.--The Secretary of Homeland Security shall 
        impose the fee authorized by subsection (a)(1) so as to collect 
        at least $30,000,000 in each of fiscal years 2005 and 2006 for 
        deposit into the Fund.
            ``(4) Availability of amounts.--Amounts in the Fund shall 
        be available for the purchase, deployment, and installation of 
        equipment to improve the ability of security screening 
        personnel at screening checkpoints to detect explosives.''.

SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.

    (a) Pilot Program.--The Transportation Security Administration 
shall develop, not later than 120 days after the date of enactment of 
this Act, and conduct a pilot program to test, integrate, and deploy 
next generation security checkpoint screening technology at not less 
than 5 airports in the United States.
    (b) Human Factor Studies.-- The Administration shall conduct human 
factors studies to improve screener performance as part of the pilot 
program under subsection (a).

SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT DOOR.

    (a) Civil Penalty.--Section 46301(a) of title 49, United States 
Code, is amended by adding at the end the following:
            ``(6) Penalty for failure to secure flight deck door.--Any 
        person holding a part 119 certificate under part of title 14, 
        Code of Federal Regulations, is liable to the Government for a 
        civil penalty of not more than $25,000 for each violation, by 
        the pilot in command of an aircraft owned or operated by such 
        person, of any Federal regulation that requires that the flight 
        deck door be closed and locked when the aircraft is being 
        operated.''.
    (b) Technical Corrections.--
            (1) Compromise and setoff for false information.--Section 
        46302(b) of such title is amended by striking ``Secretary of 
        Transportation'' and inserting ``Secretary of the Department of 
        Homeland Security and, for a violation relating to section 
        46504, the Secretary of Transportation,''.
            (2) Carrying a weapon.--Section 46303 of such title is 
        amended--
                    (A) in subsection (b) by striking ``Secretary of 
                Transportation'' and inserting ``Secretary of Homeland 
                Security''; and
                    (B) in subsection (c)(2) by striking ``Under 
                Secretary of Transportation for Security'' and 
                inserting ``Secretary of Homeland Security''.
            (3) Administrative imposition of penalties.--Section 
        46301(d) of such title is amended--
                    (A) in the first sentence of paragraph (2) by 
                striking ``46302, 46303,'' and inserting ``46302 (for a 
                violation relating to section 46504),''; and
                    (B) in the second sentence of paragraph (2)--
                            (i) by striking ``Under Secretary of 
                        Transportation for Security'' and inserting 
                        ``Secretary of Homeland Security''; and
                            (ii) by striking ``44909)'' and inserting 
                        ``44909), 46302 (except for a violation 
                        relating to section 46504), 46303,'';
                    (C) in each of paragraphs (2), (3), and (4) by 
                striking ``Under Secretary or'' and inserting 
                ``Secretary of Homeland Security''; and
                    (D) in paragraph (4)(A) by moving clauses (i), 
                (ii), and (iii) 2 ems to the left.

SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.

    The Director of the Federal Air Marshal Service of the Department 
of Homeland Security shall continue to develop operational initiatives 
to protect the anonymity of Federal air marshals.

SEC. 2181. FEDERAL LAW ENFORCEMENT IN-FLIGHT COUNTERTERRORISM TRAINING.

    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 make 
available appropriate in-flight counterterrorism procedures and tactics 
training to Federal law enforcement officers who fly while on duty.

SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE PILOT PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall implement a pilot 
program to allow pilots participating in the Federal flight deck 
officer program to transport their firearms on their persons. The 
Assistant Secretary may prescribe any training, equipment, or 
procedures that the Assistant Secretary determines necessary to ensure 
safety and maximize weapon retention.
    (b) Review.--Not later than 1 year after the date of initiation of 
the pilot program, the Assistant Secretary shall conduct a review of 
the safety record of the pilot program and transmit a report on the 
results of the review to the appropriate congressional committees.
    (c) Option.--If the Assistant Secretary as part of the review under 
subsection (b) determines that the safety level obtained under the 
pilot program is comparable to the safety level determined under 
existing methods of pilots carrying firearms on aircraft, the Assistant 
Secretary shall allow all pilots participating in the Federal flight 
deck officer program the option of carrying their firearm on their 
person subject to such requirements as the Assistant Secretary 
determines appropriate.

SEC. 2183. REGISTERED TRAVELER PROGRAM.

    The Transportation Security Administration shall expedite 
implementation of the registered traveler program.

SEC. 2184. WIRELESS COMMUNICATION.

    (a) Study.--The Transportation Security Administration, in 
consultation with 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. 2185. SECONDARY FLIGHT DECK BARRIERS.

    Not later than 6 months after the date of enactment of this Act, 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration) shall transmit to the appropriate congressional 
committees a report on the costs and benefits associated with the use 
of secondary flight deck barriers and whether the use of such barriers 
should be mandated for all air carriers. The Assistant Secretary may 
transmit the report in a classified format.

SEC. 2186. EXTENSION.

    Section 48301(a) of title 49, United States Code, is amended by 
striking ``and 2005'' and inserting ``2005, and 2006''.

SEC. 2187. PERIMETER SECURITY.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Assistant Secretary of Homeland Security (Transportation 
Security Administration), in consultation with airport operators and 
law enforcement authorities, shall develop and submit to the 
appropriate congressional committee a report on airport perimeter 
security. The report may be submitted in a classified format.
    (b) Contents.--The report shall include--
            (1) an examination of the feasibility of access control 
        technologies and procedures, including the use of biometrics 
        and other methods of positively identifying individuals prior 
        to entry into secure areas of airports, and provide best 
        practices for enhanced perimeter access control techniques; and
            (2) an assessment of the feasibility of physically 
        screening all individuals prior to entry into secure areas of 
        an airport and additional methods for strengthening the 
        background vetting process for all individuals credentialed to 
        gain access to secure areas of airports.

SEC. 2188. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        such term has under 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 regulation to such section).

                       Subtitle H--Other Matters

SEC. 2191. 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 a threat of actual or potential 
                        attack or other grave hostile acts of a foreign 
                        power or an agent of a foreign power, domestic 
                        or international sabotage, domestic or 
                        international terrorism, or clandestine 
                        intelligence gathering activities by an 
                        intelligence service or network of a foreign 
                        power or by an agent of a foreign power, within 
                        the United States or elsewhere, to any 
                        appropriate Federal, State, state subdivision, 
                        Indian tribal, or foreign government official 
                        for the purpose of preventing or responding to 
                        such a threat.''; and
                            (ii) in clause (i)--
                                    (I) by striking ``federal''; and
                                    (II) by adding at the end the 
                                following: ``Any State, state 
                                subdivision, Indian tribal, or foreign 
                                government official who receives 
                                information under Rule 6(e)(3)(D) may 
                                use the information only consistent 
                                with such guidelines as the Attorney 
                                General and the National Intellience 
                                Director shall jointly issue.''; and
                    (C) in subparagraph (E)--
                            (i) by redesignating clauses (iii) and (iv) 
                        as clauses (iv) and (v), respectively;
                            (ii) by inserting after clause (ii) the 
                        following:
                            ``(iii) at the request of the government, 
                        when sought by a foreign court or prosecutor 
                        for use in an official criminal 
                        investigation;''; and
                            (iii) in clause (iv), as redesignated--
                                    (I) by striking ``state or Indian 
                                tribal'' and inserting ``State, Indian 
                                tribal, or foreign''; and
                                    (II) by striking ``or Indian tribal 
                                official'' and inserting ``Indian 
                                tribal, or foreign government 
                                official''; and
            (2) in paragraph (7), by inserting ``, or of guidelines 
        jointly issued by the Attorney General and Director of Central 
        Intelligence pursuant to Rule 6,'' after ``Rule 6''.
    (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)''.

SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM.

    (a) Findings.--The Congress finds as follows:
            (1) The interoperable electronic data system know as the 
        ``Chimera system'', and required to be developed and 
        implemented by section 202(a)(2) of the Enhanced Border 
        Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
        1722(a)(2)), has not in any way been implemented.
            (2) Little progress has been made since the enactment of 
        such Act with regard to establishing a process to connect 
        existing trusted systems operated independently by the 
        respective intelligence agencies.
            (3) It is advisable, therefore, to assign such 
        responsibility to the National Intelligence Director.
            (4) The National Intelligence Director should, pursuant to 
        the amendments made by subsection (c), begin systems planning 
        immediately upon assuming office to deliver an interim system 
        not later than 1 year after the date of the enactment of this 
        Act, and to deliver the fully functional Chimera system not 
        later than September 11, 2007.
            (5) Both the interim system, and the fully functional 
        Chimera system, should be designed so that intelligence 
        officers, Federal law enforcement agencies (as defined in 
        section 2 of such Act (8 U.S.C. 1701)), operational counter-
        terror support center personnel, consular officers, and 
        Department of Homeland Security enforcement officers have 
        access to them.
    (b) Purposes.--The purposes of this section are as follows:
            (1) To provide the National Intelligence Director with the 
        necessary authority and resources to establish both an interim 
        data system and, subsequently, a fully functional Chimera 
        system, to collect and share intelligence and operational 
        information with the intelligence community (as defined in 
        section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
            (2) To require the National Intelligence Director to 
        establish a state-of-the-art Chimera system with both biometric 
        identification and linguistic capabilities satisfying the best 
        technology standards.
            (3) To ensure that the National Intelligence Center will 
        have a fully functional capability, not later than September 
        11, 2007, for interoperable data and intelligence exchange with 
        the agencies of the intelligence community (as so defined).
    (c) Amendments.--
            (1) In general.--Title II of the Enhanced Border Security 
        and Visa Entry Reform Act of 2002 (8 U.S.C. 1721 et seq.) is 
        amended--
                    (A) in section 202(a)--
                            (i) by amending paragraphs (1) and (2) to 
                        read as follows:
            ``(1) Interim interoperable intelligence data exchange 
        system.--Not later than 1 year after assuming office, the 
        National Intelligence Director shall establish an interim 
        interoperable intelligence data exchange system that will 
        connect the data systems operated independently by the entities 
        in the intelligence community and by the National 
        counterterrorism Center, so as to permit automated data 
        exchange among all of these entities. Immediately upon assuming 
        office, the National Intelligence Director shall begin the 
        plans necessary to establish such interim system.
            ``(2) Chimera system.--Not later than September 11, 2007, 
        the National Intelligence Director shall establish a fully 
        functional interoperable law enforcement and intelligence 
        electronic data system within the National counterterrorism 
        Center to provide immediate access to information in databases 
        of Federal law enforcement agencies and the intelligence 
        community that is necessary to identify terrorists, and 
        organizations and individuals that support terrorism. The 
        system established under this paragraph shall referred to as 
        the `Chimera system'. '';
                            (ii) in paragraph (3)--
                                    (I) by striking ``President'' and 
                                inserting ``National Intelligence 
                                Director''; and
                                    (II) by striking ``the data 
                                system'' and inserting ``the interim 
                                system described in paragraph (1) and 
                                the Chimera system described in 
                                paragraph (2)'';
                            (iii) in paragraph (4)(A), by striking 
                        ``The data system'' and all that follows 
                        through ``(2),'' and inserting ``The interim 
                        system described in paragraph (1) and the 
                        Chimera system described in paragraph (2)'';
                            (iv) in paragraph (5)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``data 
                                system under this subsection'' and 
                                inserting ``Chimera system described in 
                                paragraph (2)'';
                                    (II) in subparagraph (B), by 
                                striking ``and'' at the end;
                                    (III) in subparagraph (C), by 
                                striking the period at the end and 
                                inserting ``; and''; and
                                    (IV) by adding at the end the 
                                following:
                    ``(D) to any Federal law enforcement or 
                intelligence officer authorized to assist in the 
                investigation, identification, or prosecution of 
                terrorists, alleged terrorists, individuals supporting 
                terrorist activities, and individuals alleged to 
                support terrorist activities. ''; and
                            (v) in paragraph (6)--
                                    (I) by striking ``President'' and 
                                inserting ``National Intelligence 
                                Director'';
                                    (II) by striking ``the data 
                                system'' and all that follows through 
                                ``(2),'' and inserting ``the interim 
                                system described in paragraph (1) and 
                                the Chimera system described in 
                                paragraph (2)'';
                    (B) in section 202(b)--
                            (i) in paragraph (1), by striking ``The 
                        interoperable'' and all that follows through 
                        ``subsection (a)'' and inserting ``the Chimera 
                        system described in subsection (a)(2)'';
                            (ii) in paragraph (2), by striking 
                        ``interoperable electronic database'' and 
                        inserting ``Chimera system described in 
                        subsection (a)(2)''; and
                            (iii) by amending paragraph (4) to read as 
                        follows:
            ``(4) Interim reports.--Not later than 6 months after 
        assuming office, the National Intelligence Director shall 
        submit a report to the appropriate committees of Congress on 
        the progress in implementing each requirement of this 
        section.'';
                    (C) in section 204--
                            (i) by striking ``Attorney General'' each 
                        place such term appears and inserting 
                        ``National Intelligence Director'';
                            (ii) in subsection (d)(1), by striking 
                        ``Attorney General's'' and inserting ``National 
                        Intelligence Director's''; and
                    (D) by striking section 203 and redesignating 
                section 204 as section 203.
            (2) Clerical amendment.--The table of contents for the 
        Enhanced Border Security and Visa Entry Reform Act of 2002 (8 
        U.S.C. 1701 et seq.) is amended--
                    (A) by striking the item relating to section 203; 
                and
                    (B) by redesignating the item relating to section 
                204 as relating to section 203.

SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL 
              BUREAU OF INVESTIGATION.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States and to meet the 
intelligence needs of the United States, Congress makes the following 
findings:
            (1) The Federal Bureau of Investigation has made 
        significant progress in improving its intelligence 
        capabilities.
            (2) The Federal Bureau of Investigation must further 
        enhance and fully institutionalize its ability to prevent, 
        preempt, and disrupt terrorist threats to our homeland, our 
        people, our allies, and our interests.
            (3) The Federal Bureau of Investigation must collect, 
        process, share, and disseminate, to the greatest extent 
        permitted by applicable law, to the President, the Vice 
        President, and other officials in the Executive Branch, all 
        terrorism information and other information necessary to 
        safeguard our people and advance our national and homeland 
        security interests.
            (4) The Federal Bureau of Investigation must move towards 
        full and seamless coordination and cooperation with all other 
        elements of the Intelligence Community, including full 
        participation in, and support to, the National counterterrorism 
        Center.
            (5) The Federal Bureau of Investigation must strengthen its 
        pivotal role in coordination and cooperation with Federal, 
        State, tribal, and local law enforcement agencies to ensure the 
        necessary sharing of information for counterterrorism and 
        criminal law enforcement purposes.
            (6) The Federal Bureau of Investigation must perform its 
        vital intelligence functions in a manner consistent with both 
        with national intelligence priorities and respect for privacy 
        and other civil liberties under the Constitution and laws of 
        the United States.
    (b) Improvement of Intelligence Capabilities.--The Director of the 
Federal Bureau of Investigation shall establish a comprehensive 
intelligence program for--
            (1) intelligence analysis, including recruitment and hiring 
        of analysts, analyst training, priorities and status for 
        analysis, and analysis performance measures;
            (2) intelligence production, including product standards, 
        production priorities, information sharing and dissemination, 
        and customer satisfaction measures;
            (3) production of intelligence that is responsive to 
        national intelligence requirements and priorities, including 
        measures of the degree to which each FBI headquarters and field 
        component is collecting and providing such intelligence;
            (4) intelligence sources, including source validation, new 
        source development, and performance measures;
            (5) field intelligence operations, including staffing and 
        infrastructure, management processes, priorities, and 
        performance measures;
            (6) full and seamless coordination and cooperation with the 
        other components of the Intelligence Community, consistent with 
        their responsibilities; and
            (7) sharing of FBI intelligence and information across 
        Federal, state, and local governments, with the private sector, 
        and with foreign partners as provided by law or by guidelines 
        of the Attorney General.
    (c) Intelligence Directorate.--The Director of the Federal Bureau 
of Investigation shall establish an Intelligence Directorate within the 
FBI. The Intelligence Directorate shall have the authority to manage 
and direct the intelligence operations of all FBI headquarters and 
field components. The Intelligence Directorate shall have 
responsibility for all components and functions of the FBI necessary 
for--
            (1) oversight of FBI field intelligence operations;
            (2) FBI human source development and management;
            (3) FBI collection against nationally-determined 
        intelligence requirements;
            (4) language services;
            (5) strategic analysis;
            (6) intelligence program and budget management; and
            (7) the intelligence workforce.
    (d) National Security Workforce.--The Director of the Federal 
Bureau of Investigation shall establish a specialized, integrated 
intelligence cadre composed of Special Agents, analysts, linguists, and 
surveillance specialists in a manner which creates and sustains within 
the FBI a workforce with substantial expertise in, and commitment to, 
the intelligence mission of the FBI. The Director shall--
            (1) ensure that these FBI employees may make their career, 
        including promotion to the most senior positions in the FBI, 
        within this career track;
            (2) establish intelligence cadre requirements for--
                    (A) training;
                    (B) career development and certification;
                    (C) recruitment, hiring, and selection;
                    (D) integrating field intelligence teams; and
                    (E) senior level field management;
            (3) establish intelligence officer certification 
        requirements, including requirements for training courses and 
        assignments to other intelligence, national security, or 
        homeland security components of the Executive branch, in order 
        to advance to senior operational management positions in the 
        FBI;
            (4) ensure that the FBI's recruitment and training program 
        enhances its ability to attract individuals with educational 
        and professional backgrounds in intelligence, international 
        relations, language, technology, and other skills relevant to 
        the intelligence mission of the FBI;
            (5) ensure that all Special Agents and analysts employed by 
        the FBI after the date of the enactment of this Act shall 
        receive basic training in both criminal justice matters and 
        intelligence matters;
            (6) ensure that all Special Agents employed by the FBI 
        after the date of the enactment of this Act, to the maximum 
        extent practicable, be given an opportunity to undergo, during 
        their early service with the FBI, meaningful assignments in 
        criminal justice matters and in intelligence matters;
            (7) ensure that, to the maximum extent practical, Special 
        Agents who specialize in intelligence are afforded the 
        opportunity to work on intelligence matters over the remainder 
        of their career with the FBI; and
            (8) ensure that, to the maximum extent practical, analysts 
        are afforded FBI training and career opportunities commensurate 
        with the training and career opportunities afforded analysts in 
        other elements of the intelligence community.
    (e) Field Office Matters.--The Director of the Federal Bureau of 
Investigation shall take appropriate actions to ensure the integration 
of analysis, Special Agents, linguists, and surveillance personnel in 
FBI field intelligence components and to provide effective leadership 
and infrastructure to support FBI field intelligence components. The 
Director shall--
            (1) ensure that each FBI field office has an official at 
        the level of Assistant Special Agent in Charge or higher with 
        responsibility for the FBI field intelligence component; and
            (2) to the extent practicable, provide for such expansion 
        of special compartmented information facilities in FBI field 
        offices as is necessary to ensure the discharge by the field 
        intelligence components of the national security and criminal 
        intelligence mission of the FBI.
    (f) Budget Matters.--The Director of the Federal Bureau of 
Investigation shall, in consultation with the Director of the Office of 
Management and Budget, modify the budget structure of the FBI in order 
to organize the budget according to its four main programs as follows:
            (1) Intelligence.
            (2) counterterrorism and counterintelligence.
            (3) Criminal enterprise/Federal crimes.
            (4) Criminal justice services.
    (g) Reports.--
            (1)(A) Not later than 180 days after the date of the 
        enactment of this Act, and every twelve months thereafter, 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.
            (B) The Director shall include in the first report required 
        by subparagraph (A) an estimate of the resources required to 
        complete the expansion of special compartmented information 
        facilities to carry out the intelligence mission of FBI field 
        intelligence components.
            (2) In each annual report required by paragraph (1)(A) the 
        director shall include--
                    (A) a report on the progress made by each FBI field 
                office during the period covered by such review in 
                addressing FBI and national intelligence priorities;
                    (B) a report assessing the qualifications, status, 
                and roles of analysts at FBI headquarters and in FBI 
                field offices; and
                    (C) a report on the progress of the FBI in 
                implementing information-sharing principles.
            (3) A report required by this subsection shall be 
        submitted--
                    (A) to each committee of Congress that has 
                jurisdiction over the subject matter of such report; 
                and
                    (B) in unclassified form, but may include a 
                classified annex.

            TITLE III--BORDER SECURITY AND TERRORIST TRAVEL

        Subtitle A--Immigration Reform in the National Interest

                     CHAPTER 1--GENERAL PROVISIONS

SEC. 3001. ELIMINATING THE ``WESTERN HEMISPHERE'' EXCEPTION FOR 
              CITIZENS.

    (a) In General.--
            (1) In general.--Section 215(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1185(b)) is amended to read as 
        follows:
    ``(b)(1) Except as otherwise provided in this subsection, it shall 
be unlawful for any citizen of the United States to depart from or 
enter, or attempt to depart from or enter, the United States unless the 
citizen bears a valid United States passport.
    ``(2) Subject to such limitations and exceptions as the President 
may authorize and prescribe, the President may waive the application of 
paragraph (1) in the case of a citizen departing the United States to, 
or entering the United States from, foreign contiguous territory.
    ``(3) The President, if waiving the application of paragraph (1) 
pursuant to paragraph (2), shall require citizens departing the United 
States to, or entering the United States from, foreign contiguous 
territory to bear a document (or combination of documents) designated 
by the Secretary of Homeland Security under paragraph (4).
    ``(4) The Secretary of Homeland Security--
            ``(A) shall designate documents that are sufficient to 
        denote identity and citizenship in the United States such that 
        they may be used, either individually or in conjunction with 
        another document, to establish that the bearer is a citizen or 
        national of the United States for purposes of lawfully 
        departing from or entering the United States; and
            ``(B) shall publish a list of those documents in the 
        Federal Register.
    ``(5) A document may not be designated under paragraph (4) (whether 
alone or in combination with other documents) unless the Secretary of 
Homeland Security determines that the document--
            ``(A) may be relied upon for the purposes of this 
        subsection; and
            ``(B) may not be issued to an alien unlawfully present in 
        the United States.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 2006.
    (b) Interim Rule.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security--
                    (A) shall designate documents that are sufficient 
                to denote identity and citizenship in the United States 
                such that they may be used, either individually or in 
                conjunction with another document, to establish that 
                the bearer is a citizen or national of the United 
                States for purposes of lawfully departing from or 
                entering the United States; and
                    (B) shall publish a list of those documents in the 
                Federal Register.
            (2) Limitation on presidential authority.--Beginning on the 
        date that is 90 days after the publication described in 
        paragraph (1)(B), the President, notwithstanding section 215(b) 
        of the Immigration and Nationality Act (8 U.S.C. 1185(b)), may 
        not exercise the President's authority under such section so as 
        to permit any citizen of the United States to depart from or 
        enter, or attempt to depart from or enter, the United States 
        from any country other than foreign contiguous territory, 
        unless the citizen bears a document (or combination of 
        documents) designated under paragraph (1)(A).
            (3) Criteria for designation.--A document may not be 
        designated under paragraph (1)(A) (whether alone or in 
        combination with other documents) unless the Secretary of 
        Homeland Security determines that the document--
                    (A) may be relied upon for the purposes of this 
                subsection; and
                    (B) may not be issued to an alien unlawfully 
                present in the United States.
            (4) Effective date.--This subsection shall take effect on 
        the date of the enactment of this Act and shall cease to be 
        effective on September 30, 2006.

SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RESPECT TO 
              DOCUMENTATION REQUIREMENTS FOR NATIONALS OF FOREIGN 
              CONTIGUOUS TERRITORIES AND ADJACENT ISLANDS.

    (a) In General.--Section 212(d)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(4)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'';
            (2) by striking ``on the basis of reciprocity'' and all 
        that follows through ``or (C)''; and
            (3) by adding at the end the following:
        ``Either or both of the requirements of such paragraph may also 
        be waived by the Secretary of Homeland Security and the 
        Secretary of State, acting jointly and on the basis of 
        reciprocity, with respect to nationals of foreign contiguous 
        territory or of adjacent islands, but only if such nationals 
        are required, in order to be admitted into the United States, 
        to be in possession of identification deemed by the Secretary 
        of Homeland Security to be secure.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on December 31, 2006.

SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    The Secretary of Homeland Security, in each of fiscal years 2006 
through 2010, shall 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.

SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT 
              INVESTIGATORS.

    The Secretary of Homeland Security, in each of fiscal years 2006 
through 2010, shall 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 allotted for the preceding fiscal year. At least half of these 
additional investigators shall be designated to investigate potential 
violations of section 274A of the Immigration and Nationality Act (8 
U.S.C 1324a). Each State shall be allotted at least 3 of these 
additional investigators.

SEC. 3005. ALIEN IDENTIFICATION STANDARDS.

    Section 211 of the Immigration and Nationality Act (8 U.S.C. 1181) 
is amended by adding at the end the following:
    ``(d) For purposes of establishing identity to any Federal 
employee, an alien present in the United States may present any 
document issued by the Attorney General or the Secretary of Homeland 
Security under the authority of one of the immigration laws (as defined 
in section 101(a)(17)), or an unexpired lawfully issued foreign 
passport. Subject to the limitations and exceptions in immigration laws 
(as defined in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)), no other document may be presented for 
those purposes.''.

SEC. 3006. EXPEDITED REMOVAL.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) 
and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 5-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime, is in criminal 
                                proceedings, or is serving a criminal 
                                sentence; or
                                    ``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 5-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.

    (a) Conditions for Granting Asylum.--Section 208(b) of the 
Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
            (1) in paragraph (1), by striking ``The Attorney General'' 
        and inserting the following:
                    ``(A) Eligibility.--The Secretary of Homeland 
                Security or the Attorney General''; and
            (2) by adding at the end the following:
                    ``(B) Burden of proof.--The burden of proof is on 
                the applicant to establish that the applicant is a 
                refugee within the meaning of section 101(a)(42)(A). To 
                establish that the applicant is a refugee within the 
                meaning of this Act, the applicant must establish that 
                race, religion, nationality, membership in a particular 
                social group, or political opinion was or will be the 
                central motive for persecuting the applicant. The 
                testimony of the applicant may be sufficient to sustain 
                such burden without corroboration, but only if it is 
                credible, is persuasive, and refers to specific facts 
                that demonstrate that the applicant is a refugee. Where 
                the trier of fact finds that it is reasonable to expect 
                corroborating evidence for certain alleged facts 
                pertaining to the specifics of the applicant's claim, 
                such evidence must be provided unless a reasonable 
                explanation is given as to why such information is not 
                provided. The credibility determination of the trier of 
                fact may be based, in addition to other factors, on the 
                demeanor, candor, or responsiveness of the applicant or 
                witness, the consistency between the applicant's or 
                witness's written and oral statements, whether or not 
                under oath, made at any time to any officer, agent, or 
                employee of the United States, the internal consistency 
                of each such statement, the consistency of such 
                statements with the country conditions in the country 
                from which the applicant claims asylum (as presented by 
                the Department of State) and any inaccuracies or 
                falsehoods in such statements. These factors may be 
                considered individually or cumulatively.''.
    (b) Standard of Review for Orders of Removal.--Section 242(b)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1252(b)(4)) is amended by 
adding after subparagraph (D) the following flush language: ``No court 
shall reverse a determination made by an adjudicator with respect to 
the availability of corroborating evidence as described in section 
208(b)(1)(B), unless the court finds that a reasonable adjudicator is 
compelled to conclude that such corroborating evidence is 
unavailable.''.
    (c) Effective Date.--The amendment made by subsection (b) shall 
take effect upon the date of enactment of this Act and shall apply to 
cases in which the final administrative removal order was issued 
before, on, or after the date of enactment of this Act.

SEC. 3008. 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 administrative or judicial 
review of a revocation under this subsection, and no court or other 
person otherwise shall have jurisdiction to consider any claim 
challenging the validity of such a revocation.''.
    (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 the enactment of this Act and shall apply to 
revocations under sections 205 and 221(i) of the Immigration and 
Nationality Act made before, on, or after such date.

SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraphs (A), (B), and (C), by 
                        inserting ``(statutory and nonstatutory), 
                        including section 2241 of title 28, United 
                        States Code, or any other habeas corpus 
                        provision, and sections 1361 and 1651 of title 
                        28, United States Code'' after 
                        ``Notwithstanding any other provision of law''; 
                        and
                            (ii) by adding at the end the following:
                    ``(D) Judicial review of certain legal claims.--
                Nothing in this paragraph shall be construed as 
                precluding consideration by the circuit courts of 
                appeals of constitutional claims or pure questions of 
                law raised upon petitions for review filed in 
                accordance with this section. Notwithstanding any other 
                provision of law (statutory and nonstatutory), 
                including section 2241 of title 28, United States Code, 
                or, except as provided in subsection (e), any other 
                habeas corpus provision, and sections 1361 and 1651 of 
                title 28, United States Code, such petitions for review 
                shall be the sole and exclusive means of raising any 
                and all claims with respect to orders of removal 
                entered or issued under any provision of this Act.''; 
                and
                    (B) by adding at the end the following:
            ``(4) Claims under the united nations convention.--
        Notwithstanding any other provision of law (statutory and 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of title 28, United States Code, a petition for 
        review by the circuit courts of appeals filed in accordance 
        with this section is the sole and exclusive means of judicial 
        review of claims arising under the United Nations Convention 
        Against Torture and Other Forms of Cruel, Inhuman, or Degrading 
        Treatment or Punishment.
            ``(5) Exclusive means of review.--The judicial review 
        specified in this subsection shall be the sole and exclusive 
        means for review by any court of an order of removal entered or 
        issued under any provision of this Act. For purposes of this 
        title, in every provision that limits or eliminates judicial 
        review or jurisdiction to review, the terms `judicial review' 
        and `jurisdiction to review' include habeas corpus review 
        pursuant to section 2241 of title 28, United States Code, or 
        any other habeas corpus provision, sections 1361 and 1651 of 
        title 28, United States Code, and review pursuant to any other 
        provision of law.'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(B), by inserting ``pursuant to 
                subsection (f)'' after ``unless''; and
                    (B) in paragraph (9), by adding at the end the 
                following: ``Except as otherwise provided in this 
                subsection, no court shall have jurisdiction, by habeas 
                corpus under section 2241 of title 28, United States 
                Code, or any other habeas corpus provision, by section 
                1361 or 1651 of title 28, United States Code, or by any 
                other provision of law (statutory or nonstatutory), to 
                hear any cause or claim subject to these consolidation 
                provisions.'';
            (3) in subsection (f)(2), by inserting ``or stay, by 
        temporary or permanent order, including stays pending judicial 
        review,'' after ``no court shall enjoin''; and
            (4) in subsection (g), by inserting ``(statutory and 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and sections 
        1361 and 1651 of title 28, United States Code'' after 
        ``notwithstanding any other provision of law''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of enactment of this Act and shall apply to 
cases in which the final administrative removal order was issued 
before, on, or after the date of enactment of this Act.

    CHAPTER 2--DEPORTATION OF TERRORISTS AND SUPPORTERS OF TERRORISM

SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION ON REMOVAL.

    (a) In General.--Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is 
amended--
            (1) in the matter preceding clause (i), by striking 
        ``section 237(a)(4)(D)'' and inserting ``paragraph (4)(B) or 
        (4)(D) of section 237(a)''; and
            (2) in clause (iii), by striking ``or'';
            (3) in clause (iv), by striking the period and inserting 
        ``; or'' ;
            (4) by inserting after clause (iv) and following:
                            ``(v) the alien is described in subclause 
                        (I), (II), (III), (IV), or (VI) of section 
                        212(a)(3)(B)(i) or section 237(a)(4)(B), 
                        unless, in the case only of an alien described 
                        in subclause (IV) of section 212(a)(3)(B)(i), 
                        the Secretary of Homeland Security determines, 
                        in the Secretary's discretion, that there are 
                        not reasonable grounds for regarding the alien 
                        as a danger to the security of the United 
                        States.''; and
            (5) by striking the last sentence.
    (b) Exceptions.--Section 208(b)(2)(A)(v) of the Immigration and 
Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
            (1) by striking ``inadmissible under'' each place such term 
        appears and inserting ``described in''; and
            (2) by striking ``removable under''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to--
            (1) removal proceedings instituted before, on, or after the 
        date of the enactment of this Act; and
            (2) acts and conditions constituting a ground for 
        inadmissibility or removal occurring or existing before, on, or 
        after such date.

SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR TERRORISTS AND 
              CRIMINALS.

    (a) Regulations.--
            (1) Revision deadline.--Not later than 120 days after the 
        date of the enactment of this Act, the Secretary of Homeland 
        Security shall revise the regulations prescribed by the 
        Secretary to implement the United Nations Convention Against 
        Torture and Other Forms of Cruel, Inhuman or Degrading 
        Treatment or Punishment, done at New York on December 10, 1984.
            (2) Exclusion of certain aliens.--The revision--
                    (A) shall exclude from the protection of such 
                regulations aliens described in section 241(b)(3)(B) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1231(b)(3)(B)) (as amended by this title), including 
                rendering such aliens ineligible for withholding or 
                deferral of removal under the Convention; and
                    (B) shall ensure that the revised regulations 
                operate so as to--
                            (i) allow for the reopening of 
                        determinations made under the regulations 
                        before the effective date of the revision; and
                            (ii) apply to acts and conditions 
                        constituting a ground for ineligibility for the 
                        protection of such regulations, as revised, 
                        regardless of when such acts or conditions 
                        occurred.
            (3) Burden of proof.--The revision shall also ensure that 
        the burden of proof is on the applicant for withholding or 
        deferral of removal under the Convention to establish by clear 
        and convincing evidence that he or she would be tortured if 
        removed to the proposed country of removal.
    (b) Judicial Review.--Notwithstanding any other provision of law, 
no court shall have jurisdiction to review the regulations adopted to 
implement this section, and nothing in this section shall be construed 
as providing any court jurisdiction to consider or review claims raised 
under the Convention or this section, except as part of the review of a 
final order of removal pursuant to section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252).

SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.

    (a) In General.--Section 241(b) of the Immigration and Nationality 
Act (8 U.S.C. 1231(b)) is amended--
            (1) in paragraph (1)--
                    (A) in each of subparagraphs (A) and (B), by 
                striking the period at the end and inserting ``unless, 
                in the opinion of the Secretary of Homeland Security, 
                removing the alien to such country would be prejudicial 
                to the United States.''; and
                    (B) by amending subparagraph (C) to read as 
                follows:
                    ``(C) Alternative countries.--If the alien is not 
                removed to a country designated in subparagraph (A) or 
                (B), the Secretary of Homeland Security shall remove 
                the alien to--
                            ``(i) the country of which the alien is a 
                        citizen, subject, or national, where the alien 
                        was born, or where the alien has a residence, 
                        unless the country physically prevents the 
                        alien from entering the country upon the 
                        alien's removal there; or
                            ``(ii) any country whose government will 
                        accept the alien into that country.''; and
            (2) in paragraph (2)--
                    (A) by striking ``Attorney General'' each place 
                such term appears and inserting ``Secretary of Homeland 
                Security'';
                    (B) by amending subparagraph (D) to read as 
                follows:
                    ``(D) Alternative countries.--If the alien is not 
                removed to a country designated under subparagraph 
                (A)(i), the Secretary of Homeland Security shall remove 
                the alien to a country of which the alien is a subject, 
                national, or citizen, or where the alien has a 
                residence, unless--
                            ``(i) such country physically prevents the 
                        alien from entering the country upon the 
                        alien's removal there; or
                            ``(ii) in the opinion of the Secretary of 
                        Homeland Security, removing the alien to the 
                        country would be prejudicial to the United 
                        States.''; and
                    (C) by amending subparagraph (E)(vii) to read as 
                follows:
                            ``(vii) Any country whose government will 
                        accept the alien into that country.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
any deportation, exclusion, or removal on or after such date pursuant 
to any deportation, exclusion, or removal order, regardless of whether 
such order is administratively final before, on, or after such date.

                Subtitle B--Identity Management Security

    CHAPTER 1--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL 
                          IDENTIFICATION CARDS

SEC. 3051. DEFINITIONS.

    In this chapter, the following definitions apply:
            (1) Driver's license.--The term ``driver's license'' means 
        a motor vehicle operator's license, as defined in section 30301 
        of title 49, United States Code.
            (2) Identification card.--The term ``identification card'' 
        means a personal identification card, as defined in section 
        1028(d) of title 18, United States Code, issued by a State.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Northern Mariana Islands, 
        the Trust Territory of the Pacific Islands, and any other 
        territory or possession of the United States.

SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR 
              FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) In general.--Beginning 3 years after the date of 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a driver's license or identification card 
        issued by a State to any person unless the State is meeting the 
        requirements of this section.
            (2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Transportation, may prescribe by regulation.
    (b) Minimum Document Requirements.--To meet the requirements of 
this section, a State shall include, at a minimum, the following 
information and features on each driver's license and identification 
card issued to a person by the State:
            (1) The person's full legal name.
            (2) The person's date of birth.
            (3) The person's gender.
            (4) The person's driver license or identification card 
        number.
            (5) A photograph of the person.
            (6) The person's address of principal residence.
            (7) The person's signature.
            (8) Physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the document for 
        fraudulent purposes.
            (9) A common machine-readable technology, with defined 
        minimum data elements.
    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, 
        a State shall require, at a minimum, presentation and 
        verification of the following information before issuing a 
        driver's license or identification card to a person:
                    (A) A photo identity document, except that a non-
                photo identity document is acceptable if it includes 
                both the person's full legal name and date of birth.
                    (B) Documentation showing the person's date of 
                birth.
                    (C) Proof of the person's social security account 
                number or verification that the person is not eligible 
                for a social security account number.
                    (D) Documentation showing the person's name and 
                address of principal residence.
            (2) Verification of documents.--To meet the requirements of 
        this section, a State shall implement the following procedures:
                    (A) Before issuing a driver's license or 
                identification card to a person, the State shall 
                verify, with the issuing agency, the issuance, 
                validity, and completeness of each document required to 
                be presented by the person under paragraph (1).
                    (B) The State shall not accept any foreign 
                document, other than an official passport, to satisfy a 
                requirement of paragraph (1).
    (d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt the following practices in the issuance of drivers' 
licenses and identification cards:
            (1) Employ technology to capture digital images of identity 
        source documents so that the images can be retained in 
        electronic storage in a transferable format.
            (2) Retain paper copies of source documents for a minimum 
        of 7 years or images of source documents presented for a 
        minimum of 10 years.
            (3) Subject each person applying for a driver's license or 
        identification card to mandatory facial image capture.
            (4) Establish an effective procedure to confirm or verify a 
        renewing applicant's information.
            (5) Confirm with the Social Security Administration a 
        social security account number presented by a person using the 
        full social security account number. In the event that a social 
        security account number is already registered to or associated 
        with another person to which any State has issued a driver's 
        license or identification card, the State shall resolve the 
        discrepancy and take appropriate action.
            (6) Refuse to issue a driver's license or identification 
        card to a person holding a driver's license issued by another 
        State without confirmation that the person is terminating or 
        has terminated the driver's license.
            (7) Ensure the physical security of locations where 
        drivers' licenses and identification cards are produced and the 
        security of document materials and papers from which drivers' 
        licenses and identification cards are produced.
            (8) Subject all persons authorized to manufacture or 
        produce drivers' licenses and identification cards to 
        appropriate security clearance requirements.
            (9) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance of 
        drivers' licenses and identification cards.

SEC. 3053. LINKING OF DATABASES.

    (a) In General.--To be eligible to receive any grant or other type 
of financial assistance made available under this subtitle, a State 
shall participate in the interstate compact regarding sharing of driver 
license data, known as the ``Driver License Agreement'', in order to 
provide electronic access by a State to information contained in the 
motor vehicle databases of all other States.
    (b) Requirements for Information.--A State motor vehicle database 
shall contain, at a minimum, the following information:
            (1) All data fields printed on drivers' licenses and 
        identification cards issued by the State.
            (2) Motor vehicle drivers' histories, including motor 
        vehicle violations, suspensions, and points on licenses.

SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE 
              IDENTIFICATION DOCUMENTS.

    Section 1028(a)(8) of title 18, United States Code, is amended by 
striking ``false authentication features'' and inserting ``false or 
actual authentication features''.

SEC. 3055. GRANTS TO STATES.

    (a) In General.--The Secretary may make grants to a State to assist 
the State in conforming to the minimum standards set forth in this 
chapter.
    (b) 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 chapter.

SEC. 3056. AUTHORITY.

    (a) Participation of Secretary of Transportation and States.--All 
authority to issue regulations, certify standards, and issue grants 
under this chapter shall be carried out by the Secretary, in 
consultation with the Secretary of Transportation and the States.
    (b) Extensions of Deadlines.--The Secretary may grant to a State an 
extension of time to meet the requirements of section 3052(a)(1) if the 
State provides adequate justification for noncompliance.

          CHAPTER 2--IMPROVED SECURITY FOR BIRTH CERTIFICATES

SEC. 3061. DEFINITIONS.

    (a) Applicability of Definitions.--Except as otherwise specifically 
provided, the definitions contained in section 3051 apply to this 
chapter.
    (b) Other Definitions.--In this chapter, the following definitions 
apply:
            (1) Birth certificate.--The term ``birth certificate'' 
        means a certificate of birth--
                    (A) for an individual (regardless of where born)--
                            (i) who is a citizen or national of the 
                        United States at birth; and
                            (ii) whose birth is registered in the 
                        United States; and
                    (B) that--
                            (i) 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
                            (ii) 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.
            (2) Registrant.--The term ``registrant'' means, with 
        respect to a birth certificate, the person whose birth is 
        registered on the certificate.
            (3) State.--The term ``State'' shall have the meaning given 
        such term in section 3051; except that New York City shall be 
        treated as a State separate from New York.

SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL GOVERNMENTS.

    The minimum standards in this chapter applicable to birth 
certificates issued by a State shall also apply to birth certificates 
issued by a local government in the State. It shall be the 
responsibility of the State to ensure that local governments in the 
State comply with the minimum standards.

SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.

    (a) Minimum Standards for Federal Use.--
            (1) In general.--Beginning 3 years after the date of 
        enactment of this Act, a Federal agency may not accept, for any 
        official purpose, a birth certificate issued by a State to any 
        person unless the State is meeting the requirements of this 
        section.
            (2) State certifications.--The Secretary shall determine 
        whether a State is meeting the requirements of this section 
        based on certifications made by the State to the Secretary. 
        Such certifications shall be made at such times and in such 
        manner as the Secretary, in consultation with the Secretary of 
        Health and Human Services, may prescribe by regulation.
    (b) Minimum Document Standards.--To meet the requirements of this 
section, a State shall include, on each birth certificate issued to a 
person by the State, the use of safety paper, the seal of the issuing 
custodian of record, and such other features as the Secretary may 
determine necessary to prevent tampering, counterfeiting, and otherwise 
duplicating the birth certificate for fraudulent purposes. The 
Secretary may not require a single design to which birth certificates 
issued by all States must conform.
    (c) Minimum Issuance Standards.--
            (1) In general.--To meet the requirements of this section, 
        a State shall require and verify the following information from 
        the requestor before issuing an authenticated copy of a birth 
        certificate:
                    (A) The name on the birth certificate.
                    (B) The date and location of the birth.
                    (C) The mother's maiden name.
                    (D) Substantial proof of the requestor's identity.
            (2) Issuance to persons not named on birth certificate.--To 
        meet the requirements of this section, in the case of a request 
        by a person who is not named on the birth certificate, a State 
        must require the presentation of legal authorization to request 
        the birth certificate before issuance.
            (3) Issuance to family members.--Not later than one year 
        after the date of enactment of this Act, the Secretary, in 
        consultation with the Secretary of Health and Human Services 
        and the States, shall establish minimum standards for issuance 
        of a birth certificate to specific family members, their 
        authorized representatives, and others who demonstrate that the 
        certificate is needed for the protection of the requestor's 
        personal or property rights.
            (4) Waivers.--A State may waive the requirements set forth 
        in subparagraphs (A) through (C) of subsection (c)(1) in 
        exceptional circumstances, such as the incapacitation of the 
        registrant.
            (5) Applications by electronic means.--To meet the 
        requirements of this section, for applications by electronic 
        means, through the mail or by phone or fax, a State shall 
        employ third party verification, or equivalent verification, of 
        the identity of the requestor.
            (6) Verification of documents.--To meet the requirements of 
        this section, a State shall verify the documents used to 
        provide proof of identity of the requestor.
    (d) Other Requirements.--To meet the requirements of this section, 
a State shall adopt, at a minimum, the following practices in the 
issuance and administration of birth certificates:
            (1) Establish and implement minimum building security 
        standards for State and local vital record offices.
            (2) Restrict public access to birth certificates and 
        information gathered in the issuance process to ensure that 
        access is restricted to entities with which the State has a 
        binding privacy protection agreement.
            (3) Subject all persons with access to vital records to 
        appropriate security clearance requirements.
            (4) Establish fraudulent document recognition training 
        programs for appropriate employees engaged in the issuance 
        process.
            (5) Establish and implement internal operating system 
        standards for paper and for electronic systems.
            (6) Establish a central database that can provide 
        interoperative data exchange with other States and with Federal 
        agencies, subject to privacy restrictions and confirmation of 
        the authority and identity of the requestor.
            (7) Ensure that birth and death records are matched in a 
        comprehensive and timely manner, and that all electronic birth 
        records and paper birth certificates of decedents are marked 
        ``deceased''.
            (8) Cooperate with the Secretary in the implementation of 
        electronic verification of vital events under section 3065.

SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION 
              SYSTEMS.

    In consultation with the Secretary of Health and Human Services and 
the Commissioner of Social Security, the Secretary shall take the 
following actions:
            (1) Work with the States to establish a common data set and 
        common data exchange protocol for electronic birth registration 
        systems and death registration systems.
            (2) Coordinate requirements for such systems to align with 
        a national model.
            (3) Ensure that fraud prevention is built into the design 
        of electronic vital registration systems in the collection of 
        vital event data, the issuance of birth certificates, and the 
        exchange of data among government agencies.
            (4) Ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format of the certified 
        copy, so that those requiring such documents can quickly 
        confirm their validity.
            (5) Establish uniform field requirements for State birth 
        registries.
            (6) Not later than 1 year after the date of enactment of 
        this Act, establish a process with the Department of Defense 
        that will result in the sharing of data, with the States and 
        the Social Security Administration, regarding deaths of United 
        States military personnel and the birth and death of their 
        dependents.
            (7) Not later than 1 year after the date of enactment of 
        this Act, establish a process with the Department of State to 
        improve registration, notification, and the sharing of data 
        with the States and the Social Security Administration, 
        regarding births and deaths of United States citizens abroad.
            (8) Not later than 3 years after the date of establishment 
        of databases provided for under this section, require States to 
        record and retain electronic records of pertinent 
        identification information collected from requestors who are 
        not the registrants.
            (9) Not later than 6 months after the date of enactment of 
        this Act, submit to Congress, a report on whether there is a 
        need for Federal laws to address penalties for fraud and misuse 
        of vital records and whether violations are sufficiently 
        enforced.

SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.

    (a) Lead Agency.--The Secretary shall lead the implementation of 
electronic verification of a person's birth and death.
    (b) Regulations.--In carrying out subsection (a), the Secretary 
shall issue regulations to establish a means by which authorized 
Federal and State agency users with a single interface will be able to 
generate an electronic query to any participating vital records 
jurisdiction throughout the Nation to verify the contents of a paper 
birth certificate. Pursuant to the regulations, an electronic response 
from the participating vital records jurisdiction as to whether there 
is a birth record in their database that matches the paper birth 
certificate will be returned to the user, along with an indication if 
the matching birth record has been flagged ``deceased''. The 
regulations shall take effect not later than 5 years after the date of 
enactment of this Act.

SEC. 3066. GRANTS TO STATES.

    (a) In General.--The Secretary may make grants to a State to assist 
the State in conforming to the minimum standards set forth in this 
chapter.
    (b) 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 chapter.

SEC. 3067. AUTHORITY.

    (a) Participation With Federal Agencies and States.--All authority 
to issue regulations, certify standards, and issue grants under this 
chapter shall be carried out by the Secretary, with the concurrence of 
the Secretary of Health and Human Services and in consultation with 
State vital statistics offices and appropriate Federal agencies.
    (b) Extensions of Deadlines.--The Secretary may grant to a State an 
extension of time to meet the requirements of section 3063(a)(1) if the 
State provides adequate justification for noncompliance.

CHAPTER 3--MEASURES TO ENHANCE PRIVACY AND INTEGRITY OF SOCIAL SECURITY 
                            ACCOUNT NUMBERS

SEC. 3071. 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 or motor vehicle registration 
or any other document issued by such State or political subdivision to 
an individual for purposes of identification of such individual or 
include on any such licence, registration, or other document a magnetic 
strip, bar code, or other means of communication which conveys such 
number (or derivative thereof).''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to licenses, registrations, and other documents 
issued or reissued after 1 year after the date of the enactment of this 
Act.

SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN 
              SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT 
              NUMBERS.

    (a) Applications for Social Security Account Numbers.--Section 
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(ii)) is amended--
            (1) by inserting ``(I)'' after ``(ii)''; and
            (2) by adding at the end the following new subclause:
    ``(II) With respect to an application for a social security account 
number for an individual, other than for purposes of enumeration at 
birth, the Commissioner shall require independent verification of any 
birth record provided by the applicant in support of the application. 
The Commissioner may provide by regulation for reasonable exceptions 
from the requirement for independent verification under this subclause 
in any case in which the Commissioner determines there is minimal 
opportunity for fraud.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to applications filed after 270 days after the date 
of the enactment of this Act.
    (c) Study Regarding Applications for Replacement Social Security 
Cards.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake a study to test the feasibility and cost 
        effectiveness of verifying all identification documents 
        submitted by an applicant for a replacement social security 
        card. As part of such study, the Commissioner shall determine 
        the feasibility of, and the costs associated with, the 
        development of appropriate electronic processes for third party 
        verification of any such identification documents which are 
        issued by agencies and instrumentalities of the Federal 
        Government and of the States (and political subdivisions 
        thereof).
            (2) Report.--Not later than 2 years after the date of the 
        enactment of this Act, the Commissioner shall 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 undertaken under paragraph (1). Such report shall 
        contain such recommendations for legislative changes as the 
        Commissioner considers necessary to implement needed 
        improvements in the process for verifying identification 
        documents submitted by applicants for replacement social 
        security cards.

SEC. 3073. ENUMERATION AT BIRTH.

    (a) Improvement of Application Process.--
            (1) In general.--As soon as practicable after the date of 
        the 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 the congress.--Not later than 1 year after 
        the date of the enactment of this Act, the Commissioner shall 
        transmit to each House of the Congress a report specifying in 
        detail the extent to which the improvements required under 
        paragraph (1) have been made.
    (b) Study Regarding Process for Enumeration at Birth.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Commissioner of Social Security 
        shall undertake a study to determine the most efficient options 
        for ensuring the integrity of the process for enumeration at 
        birth. Such 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.--Not later than 18 months after the date of the 
        enactment of this Act, the Commissioner shall 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 undertaken under paragraph (1). Such report shall 
        contain such recommendations for legislative changes as the 
        Commissioner considers necessary to implement needed 
        improvements in the process for enumeration at birth.

SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC IDENTIFICATION IN 
              CONNECTION WITH APPLICATIONS FOR BENEFITS, SOCIAL 
              SECURITY ACCOUNT NUMBERS, AND SOCIAL SECURITY CARDS.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
undertake a study to--
            (1) determine the best method of requiring and obtaining 
        photographic identification of applicants for old-age, 
        survivors, and disability insurance benefits under title II of 
        the Social Security Act, for a social security account number, 
        or for a replacement social security card, and of providing for 
        reasonable exceptions to any requirement for photographic 
        identification of such applicants that may be necessary to 
        promote efficient and effective administration of such title, 
        and
            (2) evaluate the benefits and costs of instituting such a 
        requirement for photographic identification, including the 
        degree to which the security and integrity of the old-age, 
        survivors, and disability insurance program would be enhanced.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commissioner shall 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 undertaken 
under subsection (a). Such report shall contain such recommendations 
for legislative changes as the Commissioner considers necessary 
relating to requirements for photographic identification of applicants 
described in subsection (a).

SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL 
              SECURITY CARDS.

    (a) In General.--Section 205(c)(2)(G) of the Social Security Act 
(42 U.S.C. 405(c)(2)(G)) is amended by adding at the end the following 
new sentence: ``The Commissioner shall restrict the issuance of 
multiple replacement social security cards to any individual to 3 per 
year and to 10 for the life of the individual, except in any case in 
which the Commissioner determines there is minimal opportunity for 
fraud.''.
    (b) Regulations and Effective Date.--The Commissioner of Social 
Security shall issue regulations under the amendment made by subsection 
(a) not later than 1 year after the date of the enactment of this Act. 
Systems controls developed by the Commissioner pursuant to such 
amendment shall take effect upon the earlier of the issuance of such 
regulations or the end of such 1-year period.

SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY 
              ACCOUNT NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION 
              STATUS.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Commissioner of Social Security, in 
consultation with the Secretary of Homeland Security, shall undertake a 
study to examine the best method of modifying the social security 
account number assigned to individuals who--
            (1) are not citizens of the United States,
            (2) have not been admitted for permanent residence, and
            (3) are not authorized by the Secretary of Homeland 
        Security to work in the United States, or are so authorized 
        subject to one or more restrictions,
so as to include an indication of such lack of authorization to work or 
such restrictions on such an authorization.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Commissioner shall 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 undertaken under this 
section. Such report shall include the Commissioner's recommendations 
of feasible options for modifying the social security account number in 
the manner described in subsection (a).

                 Subtitle C--Targeting Terrorist Travel

SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS AND TRAVEL HISTORY 
              DATABASE.

    (a) In General.--Not later than May 31, 2005, the Comptroller 
General of the United States, the Secretary of State, and the Secretary 
of Homeland Security each shall submit to the Committees on the 
Judiciary of the House of Representatives and of the Senate, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate the results of a 
separate study on the subjects described in subsection (c).
    (b) Study.--The study submitted by the Secretary of State under 
subsection (a) shall be completed by the Office of Visa and Passport 
Control of the Department of State, in coordination with the 
appropriate officials of the Department of Homeland Security.
    (c) Contents.--The studies described 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 each of the following:
            (1) Requiring nationals of all countries to present 
        machine-readable, tamper-resistant passports that incorporate 
        biometric and document authentication identifiers.
            (2) Creation of a database containing information on the 
        lifetime travel history of each foreign national or United 
        States citizen who might seek to enter the United States or 
        another country at any time, in order that border and visa 
        issuance officials may ascertain the travel history of a 
        prospective entrant by means other than a passport.
    (d) Incentives.--The studies described in subsection (a) shall also 
make recommendations on incentives that might be offered to encourage 
foreign nations to participate in the initiatives described in 
paragraphs (1) and (2) of subsection (c).

SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIRPORTS.

    (a) In General.--Section 235A(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1225(a)(4)) is amended--
            (1) by striking ``October 31, 2000,'' and inserting 
        ``January 1, 2008,'';
            (2) by striking ``5 additional'' and inserting ``up to 25 
        additional'';
            (3) by striking ``number of aliens'' and inserting ``number 
        of inadmissible aliens, especially aliens who are potential 
        terrorists,'';
            (4) by striking ``who are inadmissible to the United 
        States.'' and inserting a period; and
            (5) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security''.
    (b) Report.--Not later than June 30, 2006, the Secretary of 
Homeland Security and the Secretary of State shall report to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate, the Committee on International Relations of the House of 
Representatives, and the Committee on Foreign Relations of the Senate 
on the progress being made in implementing the amendments made by 
subsection (a).
    (c) 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) $24,000,000 for fiscal year 2005;
            (2) $48,000,000 for fiscal year 2006; and
            (3) $97,000,000 for fiscal year 2007.

SEC. 3083. IMMIGRATION SECURITY INITIATIVE.

    (a) In General.--Section 235A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1225(b)) is amended--
            (1) in the subsection heading, by inserting ``and 
        Immigration Security Initiative'' after ``Program''; and
            (2) 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. 3084. 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 Nonimmigrant Visa 
Screening.--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: ``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) Placement of specialist.--Not later than July 31, 2005, 
        the Secretary shall, in coordination with the Secretary of 
        Homeland Security, identify 100 of such posts that experience 
        the greatest frequency of presentation of fraudulent documents 
        by visa applicants. The Secretary shall place in each such post 
        at least one full-time anti-fraud specialist employed by the 
        Department of State to assist the consular officers at each 
        such post in the detection of such fraud.

SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.

    Section 1028 of title 18, United States Code, relating to penalties 
for fraud and related activity in connection with identification 
documents and information, is amended--
            (1) in subsection (b)(1)(A)(i), by striking ``issued by or 
        under the authority of the United States'' and inserting the 
        following: ``as described in subsection (d)'';
            (2) in subsection (b)(2), by striking ``three years'' and 
        inserting ``six years'';
            (3) in subsection (b)(3), by striking ``20 years'' and 
        inserting ``25 years'';
            (4) in subsection (b)(4), by striking ``25 years'' and 
        inserting ``30 years''; and
            (5) in subsection (c)(1), by inserting after ``United 
        States'' the following: ``Government, a State, political 
        subdivision of a State, a foreign government, political 
        subdivision of a foreign government, an international 
        governmental or an international quasi-governmental 
        organization,''.

SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.

    Section 1015 of title 18, United States Code, is amended--
            (1) by striking the dash at the end of subsection (f) and 
        inserting ``; or''; and
            (2) by inserting after subsection (f) the following:
    ``(g) Whoever knowingly makes any false statement or claim that he 
is a citizen of the United States in order to enter into, or remain in, 
the United States--''.

SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE DEPARTMENT OF 
              STATE.

    (a) Limitation.--Notwithstanding any other provision of law, the 
Secretary of State shall ensure, subject to subsection (b), that 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) is carried out primarily to provide 
training to host nation security services for the specific purpose of 
ensuring the physical security and safety of United States Government 
facilities and personnel abroad (as well as foreign dignitaries and 
training related to the protection of such dignitaries), including 
security detail training and offenses related to passport or visa 
fraud.
    (b) Exception.--The limitation contained in subsection (a) shall 
not apply, and the Secretary of State may expand the ATA program to 
include other types of antiterrorism assistance training, if the 
Secretary first consults with the Attorney General and provides written 
notification of such proposed expansion to the appropriate 
congressional committees.
    (c) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
            (1) the Committee on International Relations and the 
        Committee on the Judiciary of the House of Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        the Judiciary of the Senate.

SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST 
              TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED 
              DOCUMENTS.

    (a) Findings.--Congress finds the following:
            (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 one passport.
            (6) Two of the September 11, 2001, hijackers were carrying 
        passports that had been manipulated in a fraudulent manner and 
        several other hijackers whose passports did not survive the 
        attacks on the World Trade Center and Pentagon were likely to 
        have carried passports that were similarly manipulated.
            (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 shall lead efforts to track and 
        curtail the travel of terrorists by supporting the drafting, 
        adoption, and implementation of international agreements, and 
        by supporting the expansion of existing international 
        agreements, to track and stop international travel by 
        terrorists and other criminals through the use of lost, stolen, 
        or falsified documents to augment existing United Nations and 
        other international anti-terrorism efforts.
            (2) Contents of international agreement.--The President 
        shall seek, in the appropriate fora, the drafting, adoption, 
        and implementation of an effective international agreement 
        requiring--
                    (A) the establishment of a system to 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) the establishment and implementation of a real-
                time verification system of passports and other travel 
                documents with issuing authorities;
                    (C) the assumption of an obligation by countries 
                that are parties to the agreement to share with 
                officials at ports of entry in any such country 
                information relating to lost, stolen, and fraudulent 
                passports and other travel documents;
                    (D) the assumption of an obligation by countries 
                that are parties to the agreement--
                            (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 above;
                            (ii) to impose significant penalties so as 
                        to appropriately punish violations and 
                        effectively deter these crimes; and
                            (iii) to limit the issuance of citizenship 
                        papers, passports, identification documents, 
                        and the like to persons whose identity is 
                        proven to the issuing authority, who have a 
                        bona fide entitlement to or need for such 
                        documents, and 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) the provision of technical assistance to State 
                Parties to help them meet their obligations under the 
                convention;
                    (F) the establishment and implementation of a 
                system of self-assessments and peer reviews to examine 
                the degree of compliance with the convention; and
                    (G) an agreement that would permit immigration and 
                border officials to confiscate a lost, stolen, or 
                falsified passport at ports of entry and permit the 
                traveler to return to the sending country without being 
                in possession of the lost, stolen, or falsified 
                passport, and for the detention and investigation of 
                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 one year after the date of 
        the 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. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION OF NAMES INTO THE 
              ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND 
              NAME-BASED WATCHLIST SYSTEMS.

    (a) Findings.--Congress finds that--
            (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; and
            (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 translation of names into the 
Roman alphabet in order to ensure one common spelling for such names 
for international travel documents and name-based watchlist systems.

SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

    (a) Findings.--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) 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 required by applicable sections of--
                    (A) the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (Public Law 104-208);
                    (B) the Immigration and Naturalization Service Data 
                Management Improvement Act of 2000 (Public Law 106-
                205);
                    (C) the Visa Waiver Permanent Program Act (Public 
                Law 106-396);
                    (D) the Enhanced Border Security and Visa Entry 
                Reform Act of 2002 (Public Law 107-173); and
                    (E) the Uniting and Strengthening America by 
                Providing Appropriate Tools Required to Intercept and 
                Obstruct Terrorism Act of 2001 (Public Law 107-56).
            (2) Report.--Not later than 180 days after the date of the 
        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 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 with 
                        biometric exit data systems in use;
                            (iii) a listing of databases and data 
                        systems with which the automated 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 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 entry and exit 
                data system; and
                    (D) a description of plans for improved or added 
                interoperability with any other databases or data 
                systems.
    (c) Integration Requirement.--Not later than 2 years after the date 
of the enactment of this Act, the Secretary shall integrate the 
biometric entry and exit data system with all databases and data 
systems maintained by the United States Citizenship and Immigration 
Services that process or contain information on aliens.
    (d) Maintaining Accuracy and Integrity of Entry and Exit Data 
System.--
            (1) In general.--The Secretary, in consultation with other 
        appropriate agencies, 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, and databases 
        and data systems linked to the entry and exit data system, that 
        ensure the accuracy and integrity of the data.
            (2) Requirements.--The rules, guidelines, policies, and 
        procedures established under paragraph (1) shall--
                    (A) incorporate a simple and timely method for--
                            (i) correcting errors; and
                            (ii) clarifying information known to cause 
                        false hits or misidentification errors; and
                    (B) include procedures for individuals to seek 
                corrections of data contained in the data systems.
    (e) Expediting Registered Travelers Across International Borders.--
            (1) Findings.--Consistent with the report of the National 
        Commission on Terrorist Attacks Upon the United States, 
        Congress finds that--
                    (A) expediting the travel of previously screened 
                and known travelers across the borders of the United 
                States should be a high priority; and
                    (B) the process of expediting known travelers 
                across the border can permit inspectors to better focus 
                on identifying terrorists attempting to enter the 
                United States.
            (2) Definition.--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 plan.--
                    (A) In general.--As soon as is practicable, the 
                Secretary shall develop and implement a plan to 
                expedite the processing of registered travelers who 
                enter and exit the United States through a single 
                registered traveler program.
                    (B) Integration.--The registered traveler program 
                developed under this paragraph shall be integrated into 
                the automated biometric entry and exit data system 
                described in this section.
                    (C) Review and evaluation.--In developing the 
                program under this paragraph, 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; and
                            (iii) increase research and development 
                        efforts to accelerate the development and 
                        implementation of a single registered traveler 
                        program.
            (4) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Secretary shall submit to the 
        Congress a report describing the Department's progress on the 
        development and implementation of the plan required by this 
        subsection.
    (f) 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. 3091. ENHANCED RESPONSIBILITIES OF THE COORDINATOR FOR 
              COUNTERTERRORISM.

    (a) Declaration of United States Policy.--Congress declares that it 
shall be the policy of the United States to--
            (1) make combating terrorist travel and those who assist 
        them a priority for the United States counterterrorism policy; 
        and
            (2) ensure that the information relating to individuals who 
        help facilitate terrorist travel by creating false passports, 
        visas, documents used to obtain such travel documents, and 
        other documents are fully shared within the United States 
        Government and, to the extent possible, with and from foreign 
        governments, in order to initiate United States and foreign 
        prosecutions of such individuals.
    (b) Amendment.--Section 1(e)(2) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)) is amended by adding at 
the end the following:
                    ``(C) Additional duties relating to terrorist 
                travel.--In addition to the principal duties of the 
                Coordinator described in subparagraph (B), the 
                Coordinator shall analyze methods used by terrorists to 
                travel internationally, develop policies with respect 
                to curtailing terrorist travel, and coordinate such 
                policies with the appropriate bureaus and other 
                entities of the Department of State, other United 
                States Government agencies, the Human Trafficking and 
                Smuggling Center, and foreign governments.''.

SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASSPORT SECURITY IN THE 
              DEPARTMENT OF STATE.

    (a) Establishment.--There is established within the Bureau of 
Diplomatic Security of the Department of State an Office of Visa and 
Passport Security (in this section referred to as the ``Office'').
    (b) Head of Office.--
            (1) In general.--Notwithstanding any other provision of 
        law, the head of the Office shall be an individual who shall 
        have the rank and status of Deputy Assistant Secretary of State 
        for Diplomatic Security (in this section referred to as the 
        ``Deputy Assistant Secretary'').
            (2) Recruitment.--The Under Secretary of State for 
        Management shall chose the Deputy Assistant Secretary from 
        among individuals who are Diplomatic Security Agents.
            (3) Qualifications.--The Diplomatic Security Agent chosen 
        to serve as the Deputy Assistant Secretary shall have expertise 
        and experience in investigating and prosecuting visa and 
        passport fraud.
    (c) Duties.--
            (1) Preparation of strategic plan.--
                    (A) In general.--The Deputy Assistant Secretary, in 
                coordination with the appropriate officials of the 
                Department of Homeland Security, shall ensure the 
                preparation of a strategic plan to target and disrupt 
                individuals and organizations at home and in foreign 
                countries that are involved in the fraudulent 
                production, distribution, use, or other similar 
                activity--
                            (i) of a United States visa or United 
                        States passport;
                            (ii) 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
                            (iii) of passports and visas issued by 
                        foreign countries intended to gain unlawful 
                        entry into the United States.
                    (B) Emphasis.--Such plan shall--
                            (i) 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));
                            (ii) 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
                            (iii) 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.
            (2) Duties of office.--The Office shall have the following 
        duties:
                    (A) Analysis of methods.--Analyze 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 
                advise the Bureau of Consular Affairs on 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.
            (3) Report.--Not later than 90 days after the date of the 
        enactment of this Act, the Deputy Assistant Secretary shall 
        submit to Congress a report containing--
                    (A) a description of the strategic plan prepared 
                under paragraph (1); and
                    (B) 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.

                      Subtitle D--Terrorist Travel

SEC. 3101. INFORMATION SHARING AND COORDINATION.

    The Secretary of Homeland Security shall establish a mechanism to--
            (1) ensure the coordination and dissemination of terrorist 
        travel intelligence and operational information among the 
        appropriate agencies within the Department of Homeland 
        Security, including the Bureau of Customs and Border 
        Protection, the Bureau of Immigration and Customs Enforcement, 
        the Bureau of Citizenship and Immigration Services, the 
        Transportation Security Administration, the Coast Guard, and 
        other agencies as directed by the Secretary; and
            (2) ensure the sharing of terrorist travel intelligence and 
        operational information with the Department of State, the 
        National counterterrorism Center, and other appropriate Federal 
        agencies.

SEC. 3102. TERRORIST TRAVEL PROGRAM.

    The Secretary of Homeland Security, in consultation with the 
Director of the National counterterrorism Center, shall establish a 
program to--
            (1) analyze and utilize information and intelligence 
        regarding terrorist travel tactics, patterns, trends, and 
        practices; and
            (2) disseminate that information to all front-line 
        Department of Homeland Security personnel who are at ports of 
        entry or between ports of entry, to immigration benefits 
        offices, and, in coordination with the Secretary of State, to 
        appropriate individuals at United States embassies and 
        consulates.

SEC. 3103. TRAINING PROGRAM.

    (a) Review, Evaluation, and Revision of Existing Training 
Programs.--The Secretary of Homeland Security shall--
            (1) review and evaluate the training currently provided to 
        Department of Homeland Security personnel and, in consultation 
        with the Secretary of State, relevant Department of State 
        personnel with respect to travel and identity documents, and 
        techniques, patterns, and trends associated with terrorist 
        travel; and
            (2) develop and implement a revised training program for 
        border, immigration, and consular officials in order to teach 
        such officials how to effectively detect, intercept, and 
        disrupt terrorist travel.
    (b) Required Topics of Revised Programs.--The training program 
developed under subsection (a)(2) shall include training in the 
following areas:
            (1) Methods for identifying fraudulent and genuine travel 
        documents.
            (2) Methods for detecting terrorist indicators on travel 
        documents and other relevant identity documents.
            (3) Recognizing travel patterns, tactics, and behaviors 
        exhibited by terrorists.
            (4) Effectively utilizing information contained in 
        databases and data systems available to the Department of 
        Homeland Security.
            (5) Other topics determined to be appropriate by the 
        Secretary of Homeland Security in consultation with the 
        Secretary of State or the National Intelligence Director.

SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.

    (a) Plan Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of State, shall submit to the Congress 
a plan to ensure that the Department of Homeland Security and the 
Department of State acquire and deploy, 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.
    (b) Interoperability Requirement.--To the extent possible, 
technologies to be acquired and deployed under the plan shall be 
compatible with current systems used by the Department of Homeland 
Security to detect and identify fraudulent documents and genuine 
documents.
    (c) Passport Screening.--The plan shall address the feasibility of 
using such technologies to screen passports submitted for 
identification purposes to a United States consular, border, or 
immigration official.

               Subtitle E--Maritime Security Requirements

SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARITIME SECURITY 
              REQUIREMENTS.

    (a) National Maritime Transportation Security Plan.--Section 
70103(a) of the 46, United States Code, is amended by striking ``The 
Secretary'' and inserting ``Not later than December 31, 2004, the 
Secretary''.
    (b) Facility and Vessel Vulnerability Assessments.--Section 
70102(b)(1) of the 46, United States Code, is amended by striking ``, 
the Secretary'' and inserting ``and by not later than December 31, 
2004, the Secretary''.
    (c) Transportation Security Card Regulations.--Section 70105(a) of 
the 46, United States Code, is amended by striking ``The Secretary'' 
and inserting ``Not later than December 31, 2004, the Secretary''.

          TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION

         Subtitle A--Attack Terrorists and Their Organizations

        CHAPTER 1--PROVISIONS RELATING TO TERRORIST SANCTUARIES

SEC. 4001. 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 and prioritize foreign countries that are 
        or that could be used as terrorist sanctuaries;
            (2) to assess current United States resources being 
        provided to such foreign countries;
            (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 prevent 
        foreign countries from being used as terrorist sanctuaries.

SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.

    (a) Initial Report.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall transmit to 
        Congress a report that describes a strategy for addressing and, 
        where possible, eliminating terrorist sanctuaries.
            (2) Content.--The report required under this subsection 
        shall include the following:
                    (A) A list that prioritizes each actual and 
                potential terrorist sanctuary and a description of 
                activities in the actual and potential sanctuaries.
                    (B) An outline of strategies for preventing the use 
                of, disrupting, or ending the use of such sanctuaries.
                    (C) A detailed description of efforts, including an 
                assessment of successes and setbacks, by the United 
                States to work with other countries in bilateral and 
                multilateral fora to address or eliminate each actual 
                or potential terrorist sanctuary and disrupt or 
                eliminate the security provided to terrorists by each 
                such sanctuary.
                    (D) A description of long-term goals and actions 
                designed to reduce the conditions that allow the 
                formation of terrorist sanctuaries.
    (b) Subsequent Reports.--
            (1) Requirement of reports.--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 or could potentially be 
        used as a sanctuary for terrorists or terrorist 
        organizations;''.
            (2) Provisions to be included in report.--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) by striking the period at the end of paragraph 
                (3) (as redesignated) and inserting a semicolon; and
                    (E) by inserting after paragraph (3) (as 
                redesignated) the following:
            ``(4) a strategy for addressing and, where possible, 
        eliminating terrorist sanctuaries that shall include--
                    ``(A) a description of actual and potential 
                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 actual or 
                potential 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;
            ``(5) an update of the information contained in the report 
        required to be transmitted to Congress pursuant to section 
        4002(a)(2) of the 9/11 Recommendations Implementation Act;
            ``(6) to the extent practicable, complete statistical 
        information on the number of individuals, including United 
        States citizens and dual nationals, killed, injured, or 
        kidnapped by each terrorist group during the preceding calendar 
        year; and
            ``(7) an analysis, as appropriate, relating to trends in 
        international terrorism, including changes in technology used, 
        methods and targets of attacks, demographic information on 
        terrorists, and other appropriate information.''.
            (3) Definitions.--Section 140(d) of such Act (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 term `territory' and `territory of the country' 
        means the land, waters, and airspace of the country; and
            ``(5) the term `terrorist sanctuary' or `sanctuary' means 
        an area in the territory of a country that is used by a 
        terrorist group with the express or implied consent of the 
        government of the country--
                    ``(A) to carry out terrorist activities, including 
                training, fundraising, financing, recruitment, and 
                education activities; or
                    ``(B) to provide transit through the country.''.
            (4) Effective date.--The amendments made by paragraphs (1), 
        (2), and (3) apply with respect to the report required to be 
        transmitted under section 140 of the Foreign Relations 
        Authorization Act, Fiscal Years 1988 and 1989, by April 30, 
        2006, and by April 30 of each subsequent year.

SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST SANCTUARIES.

    (a) Amendments.--Section 6(j) of the Export Administration Act of 
1979 (50 U.S.C. App. 2405(j)) is amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (B) by inserting after subparagraph (A) the 
                following:
            ``(B) Any part of the territory of the country is being 
        used as a sanctuary for terrorists or terrorist 
        organizations.'';
            (2) in paragraph (3), by striking ``paragraph (1)(A)'' and 
        inserting ``subparagraph (A) or (B) of paragraph (1)'';
            (3) by redesignating paragraph (5) as paragraph (6);
            (4) by inserting after paragraph (4) the following:
    ``(5) A determination made by the Secretary of State under 
paragraph (1)(B) may not be rescinded unless the President submits to 
the Speaker of the House of Representatives and the chairman of the 
Committee on Banking, Housing, and Urban Affairs and the chairman of 
the Committee on Foreign Relations of the Senate before the proposed 
rescission would take effect a report certifying that the government of 
the country concerned --
            ``(A) is taking concrete, verifiable steps to eliminate 
        each terrorist sanctuary in the territory of the country;
            ``(B) is cooperating with United States antiterrorism 
        efforts; and
            ``(C) is taking all appropriate actions to prevent the 
        proliferation of and trafficking in weapons of mass destruction 
        in and through the territory of the country.''; and
            (5) by inserting after paragraph (6) (as redesignated) the 
        following:
    ``(7) In this subsection--
            ``(A) the term `territory of the country' means the land, 
        waters, and airspace of the country; and
            ``(B) the term `terrorist sanctuary' or `sanctuary' means 
        an area in the territory of a country that is used by a 
        terrorist group with the express or implied consent of the 
        government of the country--
                    ``(i) to carry out terrorist activities, including 
                training, fundraising, financing, recruitment, and 
                education activities; or
                    ``(ii) to provide transit through the country.''.
    (b) Implementation.--The President shall implement the amendments 
made by subsection (a) by exercising the authorities the President has 
under the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.).

                      CHAPTER 2--OTHER PROVISIONS

SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS CONTROL AND 
              NONPROLIFERATION ADVISORY BOARD.

    (a) Requirement.--Not later than December 31, 2004, the Secretary 
of State shall appoint individuals to the Arms Control and 
Nonproliferation Advisory Board to fill all vacancies in the membership 
of the Board that exist on the date of the enactment of this Act.
    (b) Consultation.--Appointments to the Board under subsection (a) 
shall be made in consultation with the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate.

SEC. 4012. REVIEW OF UNITED STATES POLICY ON PROLIFERATION OF WEAPONS 
              OF MASS DESTRUCTION AND CONTROL OF STRATEGIC WEAPONS.

    (a) Review.--
            (1) In general.--The Undersecretary of State for Arms 
        Control and International Security shall instruct the Arms 
        Control and Nonproliferation Advisory Board (in this section 
        referred to as the ``Advisory Board'') to carry out a review of 
        existing policies of the United States relating to the 
        proliferation of weapons of mass destruction and the control of 
        strategic weapons.
            (2) Components.--The review required under this subsection 
        shall contain at a minimum the following:
                    (A) An identification of all major deficiencies in 
                existing United States policies relating to the 
                proliferation of weapons of mass destruction and the 
                control of strategic weapons.
                    (B) Proposals that contain a range of options that 
                if implemented would adequately address any significant 
                threat deriving from the deficiencies in existing 
                United States policies described in subparagraph (A).
    (b) Reports.--
            (1) Interim report.--Not later than June 15, 2005, the 
        Advisory Board shall prepare and submit to the Undersecretary 
        of State for Arms Control and International Security an interim 
        report that contains the initial results of the review carried 
        out pursuant to subsection (a).
            (2) Final report.--Not later than December 1, 2005, the 
        Advisory Board shall prepare and submit to the Undersecretary 
        of State for Arms Control and International Security, and to 
        the Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate, a final report that contains the comprehensive results 
        of the review carried out pursuant to subsection (a).
    (c) Experts and Consultants.--In carrying out this section, the 
Advisory Board may procure temporary and intermittent services of 
experts and consultants, including experts and consultants from 
nongovernmental organizations, under section 3109(b) of title 5, United 
States Code.
    (d) Funding and Other Resources.--The Secretary of State shall 
provide to the Advisory Board an appropriate amount of funding and 
other resources to enable the Advisory Board to carry out this section.

SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT ACTS OF INTERNATIONAL 
              TERRORISM.

    Section 1(e)(2) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2651a(e)(2)), as amended by section 3091(b), is further 
amended by adding at the end the following:
                    ``(D) Additional duties relating to international 
                agreements to interdict acts of international 
                terrorism.--
                            ``(i) In general.--In addition to the 
                        principal duties of the Coordinator described 
                        in subparagraph (B), the Coordinator, in 
                        consultation with relevant United States 
                        Government agencies, shall seek to negotiate on 
                        a bilateral basis international agreements 
                        under which parties to an agreement work in 
                        partnership to address and interdict acts of 
                        international terrorism.
                            ``(ii) Terms of international agreement.--
                        It is the sense of Congress that--
                                    ``(I) each party to an 
                                international agreement referred to in 
                                clause (i)--
                                            ``(aa) should be in full 
                                        compliance with United Nations 
                                        Security Council Resolution 
                                        1373 (September 28, 2001), 
                                        other appropriate international 
                                        agreements relating to 
                                        antiterrorism measures, and 
                                        such other appropriate criteria 
                                        relating to antiterrorism 
                                        measures;
                                            ``(bb) should sign and 
                                        adhere to a `counterterrorism 
                                        Pledge' and a list of 
                                        `Interdiction Principles', to 
                                        be determined by the parties to 
                                        the agreement;
                                            ``(cc) should identify 
                                        assets and agree to 
                                        multilateral efforts that 
                                        maximizes the country's 
                                        strengths and resources to 
                                        address and interdict acts of 
                                        international terrorism or the 
                                        financing of such acts;
                                            ``(dd) should agree to 
                                        joint training exercises among 
                                        the other parties to the 
                                        agreement; and
                                            ``(ee) should agree to the 
                                        negotiation and implementation 
                                        of other relevant international 
                                        agreements and consensus-based 
                                        international standards; and
                                    ``(II) an international agreement 
                                referred to in clause (i) should 
                                contain provisions that require the 
                                parties to the agreement--
                                            ``(aa) to identify regions 
                                        throughout the world that are 
                                        emerging terrorist threats;
                                            ``(bb) to establish 
                                        terrorism interdiction centers 
                                        in such regions and other 
                                        regions, as appropriate;
                                            ``(cc) to deploy terrorism 
                                        prevention teams to such 
                                        regions, including United 
                                        States-led teams; and
                                            ``(dd) to integrate 
                                        intelligence, military, and law 
                                        enforcement personnel from 
                                        countries that are parties to 
                                        the agreement in order to work 
                                        directly with the regional 
                                        centers described in item (bb) 
                                        and regional teams described in 
                                        item (cc).''.

SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DETENTION AND HUMANE 
              TREATMENT OF CAPTURED TERRORISTS.

    It is the sense of Congress that the President should pursue by all 
appropriate diplomatic means with countries that are participating in 
the Coalition to fight terrorism the development of an effective 
approach toward the detention and humane treatment of captured 
terrorists. The effective approach referred to in this section may, as 
appropriate, draw on Article 3 of the Convention Relative to the 
Treatment of Prisoners of War, done at Geneva on August 12, 1949 (6 UST 
3316).

SEC. 4015. 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 towards 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 
this Act.

         Subtitle B--Prevent the Continued Growth of Terrorism

               CHAPTER 1--UNITED STATES PUBLIC DIPLOMACY

SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC DIPLOMACY STRATEGY.

    (a) In General.--The Secretary of State, in coordination with all 
appropriate Federal agencies, shall submit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate an annual assessment of 
the impact of public diplomacy efforts on target audiences. Each 
assessment shall review the United States public diplomacy strategy 
worldwide and by region, including an examination of the allocation of 
resources and an evaluation and assessment of the progress in, and 
barriers to, achieving the goals set forth under previous plans 
submitted under this section. Not later than March 15 of every year, 
the Secretary shall submit the assessment required by this subsection.
    (b) Further Action.-- On the basis of such review, the Secretary, 
in coordination with all appropriate Federal agencies, shall submit, as 
part of the annual budget submission, a public diplomacy strategy plan 
which specifies goals, agency responsibilities, and necessary resources 
and mechanisms for achieving such goals during the next fiscal year. 
The plan may be submitted in classified form.

SEC. 4022. PUBLIC DIPLOMACY TRAINING.

    (a) Statement of Policy.--It 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 shall emphasize the importance of public diplomacy and 
        applicable skills and techniques. The Secretary shall consider 
        the priority recruitment into the Foreign Service, at middle-
        level entry, of individuals with expertise and professional 
        experience in public diplomacy, mass communications, or 
        journalism. The Secretary 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 predominantly Muslim 
        countries. Such increase shall be accomplished through the 
        recruitment of new officers and incentives for officers in 
        service.

SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM COUNTRIES.

    (a) Declaration of Policy.--Congress declares that 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. 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. 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.
    (b) 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 (a).

SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION IN FOREIGN SERVICE.

    (a) In General.--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 new 
sentences: ``The precepts for such selection boards shall also consider 
whether the member of the Service or the member of the Senior Foreign 
Service, as the case may be, has served in at least one position in 
which the primary responsibility of such member was related to public 
diplomacy. A member may not be promoted into or within the Senior 
Foreign Service if such member has not served in at least one such 
position.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2009.

            CHAPTER 2--UNITED STATES MULTILATERAL DIPLOMACY

SEC. 4031. PURPOSE.

    It is the purpose of this chapter to strengthen United States 
leadership and effectiveness at international organizations and 
multilateral institutions.

SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.

    (a) In General.--The President, acting through the Secretary of 
State and the relevant United States chiefs of mission, shall--
            (1) 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
            (2) seek to establish a democracy caucus at the United 
        Nations Conference on Disarmament and at other broad-based 
        international organizations.
    (b) Purposes of the Caucus.--A democracy caucus at an international 
organization should--
            (1) 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;
            (2) work to revise an increasingly outmoded system of 
        membership selection, regional voting, and decision making; and
            (3) 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.

SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.

    (a) United States Policy.--The President, acting through the 
Secretary of State and the relevant United States chiefs of mission, 
shall 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 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 leadership position in such organizations, or for membership 
        on the United Nations Security Council, if the member country 
        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)).
    (b) Report to Congress.--Not later than 15 days after a country 
subject to a determination under one or more of the provisions of law 
specified in subsection (a)(3) is selected for membership or a 
leadership post in an international organization of which the United 
States is a member or for membership on the United Nations Security 
Council, 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 any steps 
taken pursuant to subsection (a)(3).

SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.

    (a) Training Programs.--Section 708 of the Foreign Service Act of 
1980 (22 U.S.C. 4028) is amended by adding at the end the following new 
subsection:
    ``(c) Training in Multilateral Diplomacy.--
            ``(1) In general.--The Secretary shall establish a series 
        of training courses for officers of the Service, including 
        appropriate chiefs of mission, on the conduct of diplomacy at 
        international organizations and other multilateral institutions 
        and at broad-based multilateral negotiations of international 
        instruments.
            ``(2) Particular programs.--The Secretary shall ensure that 
        the training described in paragraph (1) is provided at various 
        stages of the career of members of the service. In particular, 
        the Secretary shall ensure that after January 1, 2006--
                    ``(A) 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
                    ``(B) 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 towards such organizations and institutions or 
                towards 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.''.
    (b) 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 section 
708(c) of the Foreign Service Act of 1980 (as amended by subsection 
(a)) receive training described in such section.
    (c) Conforming Amendments.--Section 708 of such Act is further 
amended--
            (1) in subsection (a), by striking ``(a) The'' and 
        inserting ``(a) Training on Human Rights.--The''; and
            (2) in subsection (b), by striking ``(b) The'' and 
        inserting ``(b) Training on Refugee Law and Religious 
        Persecution.--The''.

SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL 
              NEGOTIATIONS.

    (a) Establishment of Office.--The Secretary of State is authorized 
to establish, within the Bureau of International Organizational 
Affairs, an Office on Multilateral Negotiations to be headed by a 
Special Representative for Multilateral Negotiations (in this section 
referred to as the ``Special Representative'').
    (b) Appointment.--The Special Representative shall be appointed by 
the President and shall have the rank of Ambassador-at-Large. At the 
discretion of the President another official at the Department may 
serve as the Special Representative.
    (c) Staffing.--The Special Representative shall have a staff of 
Foreign Service and civil service officers skilled in multilateral 
diplomacy.
    (d) Duties.--The Special Representative shall have the following 
responsibilities:
            (1) In general.--The primary responsibility of the Special 
        Representative shall be to assist in the organization of, and 
        preparation for, United States participation in multilateral 
        negotiations, including advocacy efforts undertaken by the 
        Department of State and other United States Government 
        agencies.
            (2) Consultations.--The Special Representative shall 
        consult with Congress, international organizations, 
        nongovernmental organizations, and the private sector on 
        matters affecting multilateral negotiations.
            (3) Advisory role.--The Special Representative shall advise 
        the Assistant Secretary for International Organizational 
        Affairs and, as appropriate, the Secretary of State, regarding 
        advocacy at international organizations, multilateral 
        institutions, and negotiations, and shall make recommendations 
        regarding--
                    (A) effective strategies (and tactics) to achieve 
                United States policy objectives at multilateral 
                negotiations;
                    (B) the need for and timing of high level 
                intervention by the President, the Secretary of State, 
                the Deputy Secretary of State, and other United States 
                officials to secure support from key foreign government 
                officials for United States positions at such 
                organizations, institutions, and negotiations; and
                    (C) the composition of United States delegations to 
                multilateral negotiations.
            (4) Annual diplomatic missions of multilateral issues.--The 
        Special Representative, in coordination with the Assistant 
        Secretary for International Organizational Affairs, shall 
        organize annual diplomatic missions to appropriate foreign 
        countries to conduct consultations between principal officers 
        responsible for advising the Secretary of State on 
        international organizations and high-level representatives of 
        the governments of such foreign countries to promote the United 
        States agenda at the United Nations General Assembly and other 
        key international fora (such as the United Nations Human Rights 
        Commission).
            (5) Leadership and membership of international 
        organizations.--The Special Representative, in coordination 
        with the Assistant Secretary of International Organizational 
        Affairs, shall direct the efforts of the United States to 
        reform the criteria for leadership of and membership in 
        international organizations as described in section 4033.
            (6) Participation in multilateral negotiations.--The 
        Secretary of State may direct the Special Representative to 
        serve as a member of a United States delegation to any 
        multilateral negotiation.

                      CHAPTER 3--OTHER PROVISIONS

SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED 
              SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE 
              SCHOLARSHIPS.

    (a) Findings.--Congress finds the following:
            (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) American-sponsored elementary and secondary schools are 
        located in more than 20 countries with significant Muslim 
        populations in the Near East, Africa, South Asia, Central Asia, 
        and East Asia.
            (3) American-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) Purpose.--The United States has an interest in increasing the 
level of financial support provided to American-sponsored elementary 
and secondary schools in predominantly Muslim countries, 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 Authorized.--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 
American-sponsored elementary and secondary schools in predominantly 
Muslim countries for the purpose of providing full or partial merit-
based scholarships to students from lower- and middle-income families 
of such countries to attend such schools.
    (d) Determination of Eligible Students.--For purposes of expending 
grant funds, an American-sponsored elementary and secondary school that 
receives a grant under subsection (c) is authorized to establish 
criteria to be implemented by such school to determine what constitutes 
lower- 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 an American-
sponsored elementary or secondary school in a predominantly Muslim 
country.
    (g) Report.--Not later than April 15, 2006, the Secretary 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 such sums as may be necessary for each of fiscal 
years 2005, 2006, and 2007 to carry out this section.

SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA.

    (a) Findings.--Congress makes the following findings:
            (1) Freedom of speech and freedom of the press are 
        fundamental human rights.
            (2) 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.
            (3) Free media is undermined, endangered, or nonexistent in 
        many repressive and transitional societies around the world, 
        including in Eurasia, Africa, and the Middle East.
            (4) Individuals lacking access to a plurality of free media 
        are vulnerable to misinformation and propaganda and are 
        potentially more likely to adopt anti-American views.
            (5) Foreign governments have a responsibility to actively 
        and publicly discourage and rebut unprofessional and unethical 
        media while respecting journalistic integrity and editorial 
        independence.
    (b) Statements of Policy.--It shall be the policy of the United 
States, acting through the Secretary of State, to--
            (1) ensure that the promotion of press freedoms and free 
        media worldwide is a priority of United States foreign policy 
        and an integral component of United States public diplomacy;
            (2) respect the journalistic integrity and editorial 
        independence of free media worldwide; and
            (3) ensure that widely accepted standards for professional 
        and ethical journalistic and editorial practices are employed 
        when assessing international media.
    (c) Grants to Private Sector Group to Establish Media Network.--
            (1) In general.--Grants made available to the National 
        Endowment for Democracy (NED) pursuant to paragraph (3) shall 
        be used by NED to provide funding to a private sector group to 
        establish and manage a free and independent media network in 
        accordance with paragraph (2).
            (2) Purpose.--The purpose of the network shall be to 
        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 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.
            (3) Funding.--For grants made by the Department of State to 
        NED as authorized by the National Endowment for Democracy Act 
        (Public Law 98-164, 97 Stat. 1039), there are authorized to be 
        appropriated to the Secretary of State such sums as may be 
        necessary for each of fiscal years 2005, 2006, and 2007 to 
        carry out this section.

SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA COVERAGE OF THE 
              UNITED STATES.

    (a) Findings.--Congress finds the following:
            (1) Biased or false media coverage of the United States and 
        its allies is a significant factor encouraging terrorist acts 
        against the people of the United States.
            (2) Public diplomacy efforts designed to encourage an 
        accurate understanding of the people of the United States and 
        the policies of the United States are unlikely to succeed if 
        foreign publics are subjected to unrelenting biased or false 
        local media coverage of the United States.
            (3) Where freedom of the press exists in foreign countries 
        the United States can combat biased or false media coverage by 
        responding in the foreign media or by communicating directly to 
        foreign publics in such countries.
            (4) Foreign governments which encourage biased or false 
        media coverage of the United States bear a significant degree 
        of responsibility for creating a climate within which terrorism 
        can flourish. Such governments are responsible for encouraging 
        biased or false media coverage if they--
                    (A) issue direct or indirect instructions to the 
                media to publish biased or false information regarding 
                the United States;
                    (B) make deliberately biased or false charges 
                expecting that such charges will be disseminated; or
                    (C) so severely constrain the ability of the media 
                to express criticism of any such government that one of 
                the few means of political expression available is 
                criticism of the United States.
    (b) Statements of Policy.--
            (1) Foreign governments.--It shall be the policy of the 
        United States to regard foreign governments as knowingly 
        engaged in unfriendly acts toward the United States if such 
        governments--
                    (A) instruct their state-owned or influenced media 
                to include content that is anti-American or prejudicial 
                to the foreign and security policies of the United 
                States; or
                    (B) make deliberately false charges regarding the 
                United States or permit false or biased charges against 
                the United States to be made while constraining normal 
                political discourse.
            (2) Seeking media access; responding to false charges.--It 
        shall be the policy of the United States to--
                    (A) seek access to the media in foreign countries 
                on terms no less favorable than those afforded any 
                other foreign entity or on terms available to the 
                foreign country in the United States; and
                    (B) combat biased or false media coverage in 
                foreign countries of the United States and its allies 
                by responding in the foreign media or by communicating 
                directly to foreign publics.
    (c) Responsibilities Regarding Biased or False Media Coverage.--
            (1) Secretary of state.--The Secretary of State shall 
        instruct chiefs of mission to report on and combat biased or 
        false media coverage originating in or received in foreign 
        countries to which such chiefs are posted. Based on such 
        reports and other information available to the Secretary, the 
        Secretary shall prioritize efforts to combat such media 
        coverage, giving special attention to audiences where fostering 
        popular opposition to terrorism is most important and such 
        media coverage is most prevalent.
            (2) Chiefs of mission.--Chiefs of mission shall have the 
        following responsibilities:
                    (A) Chiefs of mission shall give strong priority to 
                combatting biased or false media reports in foreign 
                countries to which such chiefs are posted regarding the 
                United States.
                    (B) Chiefs of mission posted to foreign countries 
                in which freedom of the press exists shall inform the 
                governments of such countries of the policies of the 
                United States regarding biased or false media coverage 
                of the United States, and shall make strong efforts to 
                persuade such governments to change policies that 
                encourage such media coverage.
    (d) Reports.--Not later than 120 days after the date of the 
enactment of this Act and at least annually thereafter until January 1, 
2015, the Secretary shall submit to the Committee on International 
Relations of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report regarding the major themes of biased 
or false media coverage of the United States in foreign countries, the 
actions taken to persuade foreign governments to change policies that 
encourage such media coverage (and the results of such actions), and 
any other actions taken to combat such media coverage in foreign 
countries.

SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the strategy 
of the United States to expand its outreach to foreign Muslim audiences 
through broadcast media.
    (b) Content.--The report required under subsection (a) shall 
contain the following:
            (1) An assessment of the Broadcasting Board of Governors 
        and the public diplomacy activities of the Department of State 
        with respect to outreach to foreign Muslim audiences through 
        broadcast media.
            (2) An outline of recommended actions that the United 
        States should take to more regularly and comprehensively 
        present a United States point of view through indigenous 
        broadcast media in countries with sizeable Muslim populations, 
        including increasing appearances by United States Government 
        officials, experts, and citizens.
            (3) 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 Muslim countries in 
        order to present those programs to a much broader Muslim 
        audience than is currently reached.
            (4) An assessment of providing a training program in media 
        and press affairs for members of the Foreign Service.

SEC. 4045. OFFICE RELOCATION.

    As soon as practicable after the date of the enactment of this Act, 
the Secretary of State shall take such actions as are necessary to 
consolidate within the Harry S. Truman Building all offices of the 
Department of State that are responsible for the conduct of public 
diplomacy, including the Bureau of Educational and Cultural Affairs.

SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOCRACIES FOR MUSLIM 
              COUNTRIES.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States--
            (1) should work with the Community of Democracies to 
        discuss, develop, and refine policies and assistance programs 
        to support and promote political, economic, judicial, 
        educational, and social reforms in Muslim countries;
            (2) should, as part of that effort, secure support to 
        require countries seeking membership in the Community of 
        Democracies to be in full compliance with the Community's 
        criteria for participation, as established by the Community's 
        Convening Group, should work to ensure that the criteria are 
        part of a legally binding document, and should urge other donor 
        countries to use compliance with the criteria as a basis for 
        determining diplomatic and economic relations (including 
        assistance programs) with such participating countries; and
            (3) should seek support for international contributions to 
        the Community of Democracies and should seek authority for the 
        Community's Convening Group to oversee adherence and compliance 
        of participating countries with the criteria.
    (b) Middle East Partnership Initiative and Broader Middle East and 
North Africa Initiative.--Amounts made available to carry out the 
Middle East Partnership Initiative and the Broader Middle East and 
North Africa Initiative may be made available to the Community of 
Democracies in order to strengthen and expand its work with Muslim 
countries.
    (c) Report.--The Secretary of State shall include in the annual 
report entitled ``Supporting Human Rights and Democracy: The U.S. 
Record'' a description of efforts by the Community of Democracies to 
support and promote political, economic, judicial, educational, and 
social reforms in Muslim countries and the extent to which such 
countries meet the criteria for participation in the Community of 
Democracies.

  Subtitle C--Reform of Designation of Foreign Terrorist Organizations

SEC. 4051. 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) have 
                        changed in such a manner as to warrant 
                        revocation with respect to the organization.
                            ``(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 6-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. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON 
              TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK 
              WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN 
              DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.

    (a) Inclusion in Reports.--Section 140 of the Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f) is 
amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``any terrorist group known to 
                have obtained or developed, or to have attempted to 
                obtain or develop, weapons of mass destruction,'' after 
                ``during the preceding five years,''; and
                    (B) by inserting ``any group designated by the 
                Secretary as a foreign terrorist organization under 
                section 219 of the Immigration and Nationality Act (8 
                U.S.C. 1189),'' after ``Export Administration Act of 
                1979,'';
            (2) in subsection (b)(1)(C)(iii), by striking ``and'' at 
        the end;
            (3) in subsection (b)(1)(C)--
                    (A) by redesignating clause (iv) as clause (v); and
                    (B) by inserting after clause (iii) the following 
                new clause:
                            ``(iv) providing weapons of mass 
                        destruction, or assistance in obtaining or 
                        developing such weapons, to terrorists or 
                        terrorist groups; and''; and
            (4) in subsection (b)(3) (as redesignated by section 
        4002(b)(2)(B) of this Act)--
                    (A) by redesignating subparagraphs (C), (D), and 
                (E) as (D), (E), and (F), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following new subparagraph:
                    ``(C) efforts by those groups to obtain or develop 
                weapons of mass destruction;''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply beginning with the first report under section 140 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
2656f), submitted more than one year after the date of the enactment of 
this Act.

     Subtitle D--Afghanistan Freedom Support Act Amendments of 2004

SEC. 4061. SHORT TITLE.

    This subtitle may be cited as the ``Afghanistan Freedom Support Act 
Amendments of 2004''.

SEC. 4062. COORDINATION OF ASSISTANCE FOR AFGHANISTAN.

    (a) Findings.--Congress finds that--
            (1) 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; and
            (2) the Afghanistan Freedom Support Act of 2002 (Public Law 
        107-327; 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.
    (b) 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''.
    (c) Other Matters.--Section 104 of such Act (22 U.S.C. 7514) is 
amended by adding at the end the following:
    ``(c) Program Plan.--The coordinator designated under subsection 
(a) shall annually submit to the Committees on International Relations 
and Appropriations of the House of Representatives and the Committees 
on Foreign Relations and Appropriations of the Senate the 
Administration's plan for assistance to Afghanistan together with a 
description of such assistance in prior years.
    ``(d) Coordination With International Community.--The coordinator 
designated under subsection (a) shall work with the international 
community, including multilateral organizations and international 
financial institutions, 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.''.

SEC. 4063. GENERAL PROVISIONS RELATING TO THE AFGHANISTAN FREEDOM 
              SUPPORT ACT OF 2002.

    (a) Assistance to Promote Economic, Political and Social 
Development.--
            (1) 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).
            (2) 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''.
    (b) Declarations of Policy.--Congress makes the following 
declarations:
            (1) 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.
            (2) 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 by warlords or narcotics 
        traffickers.
            (3)(A) 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.
            (B) The United States should continue to lead in the 
        security domain by, among other things, providing logistical 
        support to facilitate those contributions.
            (C) In coordination with the Government of Afghanistan, the 
        United States should urge others, and act itself, to increase 
        efforts to promote disarmament, demobilization, and 
        reintegration efforts, to enhance counternarcotics activities, 
        to expand deployments of Provincial Reconstruction Teams, and 
        to increase training of Afghanistan's National Army and its 
        police and border security forces.
    (c) Long-Term Strategy.--
            (1) Strategy.--Title III of such Act (22 U.S.C. 7551 et 
        seq.) is amended by adding at the end the following:

``SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

    ``(a) Strategy.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Afghanistan Freedom Support Act 
        Amendments of 2004, the President shall formulate and transmit 
        to the Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate a 5-year strategy for Afghanistan that includes specific 
        and measurable goals, timeframes for accomplishing such goals, 
        and specific resource levels necessary for accomplishing such 
        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.
            ``(2) Additional requirement.--The strategy shall also 
        delineate responsibilities for achieving such goals and 
        identify and address possible external factors that could 
        significantly affect the achievement of such goals.
    ``(b) Implementation.--Not later than 30 days after the date of the 
transmission of the strategy required by subsection (a), the Secretary 
of State, the Administrator of the United States Agency for 
International Development, and the Secretary of Defense shall submit to 
the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
written 5-year action plan to implement the strategy developed pursuant 
to subsection (a). Such action plan shall include a description and 
schedule of the program evaluations that will monitor progress toward 
achieving the goals described in subsection (a).
    ``(c) Review.--The Secretary of State, the Administrator of the 
United States Agency for International Development, and the Secretary 
of Defense shall carry out an annual review of the strategy required by 
subsection (a) and the action plan required by subsection (b).
    ``(d) Monitoring.--The report required by section 206(c)(2) of this 
Act shall include--
            ``(1) a description of progress toward implementation of 
        both the strategy required by subsection (a) and the action 
        plan required by subsection (b); and
            ``(2) a description of any changes to the strategy or 
        action plan since the date of the submission of the last report 
        required by such section.''.
            (2) 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:

``Sec. 304. Formulation of long-term strategy for Afghanistan.''.

SEC. 4064. RULE OF LAW AND RELATED ISSUES.

    Section 103(a)(5)(A) of the Afghanistan Freedom Support Act of 2002 
(22 U.S.C. 7513(a)(5)(A)) is amended--
            (1) in clause (v), to read as follows:
                            ``(v) support for the activities of the 
                        Government of Afghanistan 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;'';
            (2) in clause (xii), to read as follows:
                            ``(xii) 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, to establish a 
                        responsible and community-based police force, 
                        and to rehabilitate or construct courthouses 
                        and detention facilities;''; and
            (3) in clause (xiii), by striking ``and'' at the end;
            (4) in clause (xiv), by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following:
                            ``(xv) assistance for the protection of 
                        Afghanistan's culture, history, and national 
                        identity, including with the rehabilitation of 
                        Afghanistan's museums and sites of cultural 
                        significance.''.

SEC. 4065. MONITORING OF ASSISTANCE.

    Section 108 of the Afghanistan Freedom Support Act of 2002 (22 
U.S.C. 7518) is amended by adding at the end the following:
    ``(c) Monitoring of Assistance for Afghanistan.--
            ``(1) Report.--Not later than January 15, 2005, and every 
        six months thereafter, the Secretary of State, in consultation 
        with the Administrator for the United States Agency for 
        International Development, 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 
        obligations and expenditures of United States assistance for 
        Afghanistan from all United States Government agencies.
            ``(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 
        by such paragraph.''.

SEC. 4066. UNITED STATES POLICY TO SUPPORT DISARMAMENT OF PRIVATE 
              MILITIAS AND TO SUPPORT EXPANSION OF INTERNATIONAL 
              PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.

    (a) Disarmament of Private Militias.--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) United States Policy Relating to Disarmament of Private 
Militias.--
            ``(1) 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.
            ``(2) Report.--The report required by section 206(c)(2) of 
        this Act shall include a description of the progress to 
        implement paragraph (1).''.
    (b) International Peacekeeping and Security Operations.--Section 
103 of such Act (22 U.S.C. 7513(d)), as amended by subsection (a), is 
further 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.''.

SEC. 4067. 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 to the Committee on International Relations of 
                the House of Representatives and the Committee on 
                Foreign Relations of the Senate a report on efforts 
                carried out pursuant to subparagraph (A). 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 six 
                months thereafter and may be included in the report 
                required by section 206(c)(2) of this Act.''.

SEC. 4068. PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN 
              AFGHANISTAN.

    (a) counternarcotics Efforts.--The Afghanistan Freedom Support Act 
of 2002 (22 U.S.C. 7501 et seq.) is amended--
            (1) by redesignating--
                    (A) title III as title IV; and
                    (B) sections 301 through 304 as sections 401 
                through 404, respectively; and
            (2) by inserting after title II the following:

    ``TITLE III--PROVISIONS RELATING TO counternarcotics EFFORTS IN 
                              AFGHANISTAN

``SEC. 301. ASSISTANCE FOR COUNTERNARCOTICS EFFORTS.

    ``In addition to programs established pursuant to section 103(a)(3) 
of this Act or other similar programs, the President is authorized and 
encouraged to implement specific initiatives to assist in the 
eradication of poppy cultivation and the disruption of heroin 
production in Afghanistan, such as--
            ``(1) promoting 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;
            ``(2) enhancing the ability of farmers to bring legitimate 
        agricultural goods to market;
            ``(3) notwithstanding section 660 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2420), assistance, including nonlethal 
        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 2006 
        through 2008, for salaries for special counternarcotics police 
        and supporting units;
            ``(4) training the Afghan National Army in counternarcotics 
        activities; and
            ``(5) creating special counternarcotics courts, 
        prosecutors, and places of incarceration.''.
    (b) Clerical Amendments.--The table of contents for such Act (22 
U.S.C. 7501 note) is amended--
            (1) by redesignating--
                    (A) the item relating to title III as the item 
                relating to title IV; and
                    (B) the items relating to sections 301 through 304 
                as the items relating to sections 401 through 404; and
            (2) by inserting after the items relating to title II the 
        following:

    ``TITLE III--PROVISIONS RELATING TO counternarcotics EFFORTS IN 
                              AFGHANISTAN

``Sec. 301. Assistance for counternarcotics efforts.''.

SEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANISTAN FREEDOM SUPPORT ACT 
              OF 2002.

    (a) Technical Amendment.--Section 103(a)(7)(A)(xii) of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)(A)(xii)) 
is amended by striking ``National'' and inserting ``Afghan 
Independent''.
    (b) Reporting Requirement.--Section 206(c)(2) of such Act (22 
U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A) 
by striking ``2007'' and inserting ``2012''.

SEC. 4070. REPEAL.

    Section 620D of the Foreign Assistance Act of 1961 (22 U.S.C. 2374; 
relating to prohibition on assistance to Afghanistan) is hereby 
repealed.

      Subtitle E--Provisions Relating to Saudi Arabia and Pakistan

SEC. 4081. NEW UNITED STATES STRATEGY FOR RELATIONSHIP WITH SAUDI 
              ARABIA.

    (a) Sense of Congress.--It is the sense of Congress that the 
relationship between the United States and Saudi Arabia should include 
a more robust dialogue between the people and Government of the United 
States and the people and Government of Saudi Arabia in order to 
provide for a reevaluation of, and improvements to, the relationship by 
both sides.
    (b) Report.--
            (1) In general.-- Not later than one year after the date of 
        the enactment of this Act, the President shall transmit to the 
        Committee on International Relations of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate a strategy for collaboration with the people and 
        Government of Saudi Arabia on subjects of mutual interest and 
        importance to the United States.
            (2) Contents.--The strategy required under paragraph (1) 
        shall include the following provisions:
                    (A) A framework for security cooperation in the 
                fight against terrorism, with special reference to 
                combating terrorist financing and an examination of the 
                origins of modern terrorism.
                    (B) A framework for political and economic reform 
                in Saudi Arabia and throughout the Middle East.
                    (C) An examination of steps that should be taken to 
                reverse the trend toward extremism in Saudi Arabia and 
                other Muslim countries and throughout the Middle East.
                    (D) A framework for promoting greater tolerance and 
                respect for cultural and religious diversity in Saudi 
                Arabia and throughout the Middle East.

SEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should, over a long-term period, help to ensure a promising, 
stable, and secure future for Pakistan, and should in particular 
provide assistance to encourage and enable Pakistan--
            (1) to continue and improve upon its commitment to 
        combating extremists;
            (2) to seek to resolve any outstanding difficulties with 
        its neighbors and other countries in its region;
            (3) to continue to make efforts to fully control its 
        territory and borders;
            (4) to progress towards becoming a more effective and 
        participatory democracy;
            (5) to participate more vigorously in the global 
        marketplace and to continue to modernize its economy;
            (6) to take all necessary steps to halt the spread of 
        weapons of mass destruction;
            (7) to continue to reform its education system; and
            (8) to, in other ways, implement a general strategy of 
        moderation.
    (b) Strategy.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to Congress a 
detailed proposed strategy for the future, long-term, engagement of the 
United States with Pakistan.

SEC. 4083. 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''.

                    Subtitle F--Oversight Provisions

SEC. 4091. 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 cause to be published in slip 
form or otherwise made 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 (commonly referred to as the ``Case-Zablocki Act''), is 
amended--
            (1) in the first sentence, by striking ``has entered into 
        force'' and inserting ``has been signed or entered into 
        force''; and
            (2) in the second sentence, 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 submit to Congress on an 
annual basis a report that contains an index of all international 
agreements (including oral 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 ``(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) of this 
section) 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) of this 
section) include, but are not limited to, 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 the enactment of the 9/11 Recommendations 
Implementation Act and shall apply during fiscal years 2005, 2006, and 
2007.''.

  Subtitle G--Additional Protections of United States Aviation System 
                         from Terrorist Attacks

SEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF 
              FEDERAL FLIGHT DECK OFFICERS.

    The President is encouraged to pursue aggressively international 
agreements with foreign governments to allow the maximum deployment of 
Federal air marshals and Federal flight deck officers on international 
flights.

SEC. 4102. FEDERAL 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 appropriate records in 
        the consolidated and integrated terrorist watchlists of 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. 4103. 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 each airworthiness 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 are 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.

Subtitle H--Improving International Standards and Cooperation to Fight 
                          Terrorist Financing

SEC. 4111. SENSE OF THE CONGRESS REGARDING SUCCESS IN MULTILATERAL 
              ORGANIZATIONS.

    (a) Commendation.--The Congress commends the Secretary of the 
Treasury for success and leadership in establishing international 
standards for fighting terrorist finance through multilateral 
organizations, including the Financial Action Task Force (FATF) at the 
Organization for Economic Cooperation and Development, the 
International Monetary Fund, the International Bank for Reconstruction 
and Development, and the regional multilateral development banks.
    (b) Policy Guidance.--The Congress encourages the Secretary of the 
Treasury to direct the United States Executive Director at each 
international financial institution to use the voice and vote of the 
United States to urge the institution, and encourages the Secretary of 
the Treasury to use the voice and vote of the United States in other 
multilateral financial policymaking bodies, to--
            (1) provide funding for the implementation of FATF anti-
        money laundering and anti-terrorist financing standards; and
            (2) promote economic development in the Middle East.

SEC. 4112. EXPANDED REPORTING REQUIREMENT FOR THE SECRETARY OF THE 
              TREASURY.

    (a) In General.--Section 1701(b) of the International Financial 
Institutions Act (22 U.S.C. 262r(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (10); and
            (2) by redesignating paragraph (11) as paragraph (12) and 
        inserting after paragraph (10) the following:
            ``(11) an assessment of--
                    ``(A) the progress made by the International 
                Terrorist Finance Coordinating Council in developing 
                policies to be pursued with the international financial 
                institutions and other multilateral financial 
                policymaking bodies regarding anti-terrorist financing 
                initiatives;
                    ``(B) the progress made by the United States in 
                negotiations with the international financial 
                institutions and other multilateral financial 
                policymaking bodies to set common anti-terrorist 
                financing standards;
                    ``(C) the extent to which the international 
                financial institutions and other multilateral financial 
                policymaking bodies have adopted anti-terrorist 
                financing standards advocated by the United States; and
                    ``(D) whether and how the international financial 
                institutions are contributing to the fight against the 
                financing of terrorist activities; and''.
    (b) Other Multilateral Policymaking Bodies Defined.--Section 
1701(c) of such Act (22 U.S.C. 262r(c)) is amended by adding at the end 
the following:
            ``(5) Other multilateral financial policymaking bodies.--
        The term `other multilateral financial policymaking bodies' 
        means--
                    ``(A) the Financial Action Task Force at the 
                Organization for Economic Cooperation and Development;
                    ``(B) the international network of financial 
                intelligence units known as the `Egmont Group';
                    ``(C) the United States, Canada, the United 
                Kingdom, France, Germany, Italy, Japan, and Russia, 
                when meeting as the Group of Eight; and
                    ``(D) any other multilateral financial policymaking 
                group in which the Secretary of the Treasury represents 
                the United States.''.

SEC. 4113. INTERNATIONAL TERRORIST FINANCE COORDINATING COUNCIL.

    (a) Establishment.--The Secretary of the Treasury shall establish 
and convene an interagency council, to be known as the ``International 
Terrorist Finance Coordinating Council'' (in this section referred to 
as the ``Council''), which shall advise the Secretary on policies to be 
pursued by the United States at meetings of the international financial 
institutions and other multilateral financial policymaking bodies, 
regarding the development of international anti-terrorist financing 
standards.
    (b) Meetings.--
            (1) Attendees.--
                    (A) General attendees.--The Secretary of the 
                Treasury (or a representative of the Secretary of the 
                Treasury) and the Secretary of State (or a 
                representative of the Secretary of State) shall attend 
                each Council meeting.
                    (B) Other attendees.--The Secretary of the Treasury 
                shall determine which other officers of the Federal 
                Government shall attend a Council meeting, on the basis 
                of the issues to be raised for consideration at the 
                meeting. The Secretary shall include in the meeting 
                representatives from all relevant Federal agencies with 
                authority to address the issues.
            (2) Schedule.--Not less frequently than annually, the 
        Secretary of the Treasury shall convene Council meetings at 
        such times as the Secretary deems appropriate, based on the 
        notice, schedule, and agenda items of the international 
        financial institutions and other multilateral financial 
        policymaking bodies.

SEC. 4114. DEFINITIONS.

    In this subtitle:
            (1) International financial institutions.--The term 
        ``international financial institutions'' has the meaning given 
        in section 1701(c)(2) of the International Financial 
        Institutions Act.
            (2) Other multilateral financial policymaking bodies.--The 
        term ``other multilateral financial policymaking bodies'' 
        means--
                    (A) the Financial Action Task Force at the 
                Organization for Economic Cooperation and Development;
                    (B) the international network of financial 
                intelligence units known as the ``Egmont Group'';
                    (C) the United States, Canada, the United Kingdom, 
                France, Germany, Italy, Japan, and Russia, when meeting 
                as the Group of Eight; and
                    (D) any other multilateral financial policymaking 
                group in which the Secretary of the Treasury represents 
                the United States.

                   TITLE V--GOVERNMENT RESTRUCTURING

      Subtitle A--Faster and Smarter Funding for First Responders

SEC. 5001. SHORT TITLE.

    This subtitle may be cited as the ``Faster and Smarter Funding for 
First Responders Act of 2004''.

SEC. 5002. FINDINGS.

    The Congress finds the following:
            (1) In order to achieve its objective of minimizing the 
        damage, and assisting in the recovery, from terrorist attacks, 
        the Department of Homeland Security must play a leading role in 
        assisting communities to reach the level of preparedness they 
        need to respond to a terrorist attack.
            (2) First responder funding is not reaching the men and 
        women of our Nation's first response teams quickly enough, and 
        sometimes not at all.
            (3) To reform the current bureaucratic process so that 
        homeland security dollars reach the first responders who need 
        it most, it is necessary to clarify and consolidate the 
        authority and procedures of the Department of Homeland Security 
        that support first responders.
            (4) Ensuring adequate resources for the new national 
        mission of homeland security, without degrading the ability to 
        address effectively other types of major disasters and 
        emergencies, requires a discrete and separate grant making 
        process for homeland security funds for first response to 
        terrorist acts, on the one hand, and for first responder 
        programs designed to meet pre-September 11 priorities, on the 
        other.
            (5) While a discrete homeland security grant making process 
        is necessary to ensure proper focus on the unique aspects of 
        terrorism prevention, preparedness, and response, it is 
        essential that State and local strategies for utilizing such 
        grants be integrated, to the greatest extent practicable, with 
        existing State and local emergency management plans.
            (6) Homeland security grants to first responders must be 
        based on the best intelligence concerning the capabilities and 
        intentions of our terrorist enemies, and that intelligence must 
        be used to target resources to the Nation's greatest threats, 
        vulnerabilities, and consequences.
            (7) The Nation's first response capabilities will be 
        improved by sharing resources, training, planning, personnel, 
        and equipment among neighboring jurisdictions through mutual 
        aid agreements and regional cooperation. Such regional 
        cooperation should be supported, where appropriate, through 
        direct grants from the Department of Homeland Security.
            (8) An essential prerequisite to achieving the Nation's 
        homeland security objectives for first responders is the 
        establishment of well-defined national goals for terrorism 
        preparedness. These goals should delineate the essential 
        capabilities that every jurisdiction in the United States 
        should possess or to which it should have access.
            (9) A national determination of essential capabilities is 
        needed to identify levels of State and local government 
        terrorism preparedness, to determine the nature and extent of 
        State and local first responder needs, to identify the human 
        and financial resources required to fulfill them, and to direct 
        funding to meet those needs and to measure preparedness levels 
        on a national scale.
            (10) To facilitate progress in achieving, maintaining, and 
        enhancing essential capabilities for State and local first 
        responders, the Department of Homeland Security should seek to 
        allocate homeland security funding for first responders to meet 
        nationwide needs.
            (11) Private sector resources and citizen volunteers can 
        perform critical functions in assisting in preventing and 
        responding to terrorist attacks, and should be integrated into 
        State and local planning efforts to ensure that their 
        capabilities and roles are understood, so as to provide 
        enhanced State and local operational capability and surge 
        capacity.
            (12) Public-private partnerships, such as the partnerships 
        between the Business Executives for National Security and the 
        States of New Jersey and Georgia, can be useful to identify and 
        coordinate private sector support for State and local first 
        responders. Such models should be expanded to cover all States 
        and territories.
            (13) An important aspect of essential capabilities is 
        measurability, so that it is possible to determine how prepared 
        a State or local government is now, and what additional steps 
        it needs to take, in order to respond to acts of terrorism.
            (14) The Department of Homeland Security should establish, 
        publish, and regularly update national voluntary consensus 
        standards for both equipment and training, in cooperation with 
        both public and private sector standard setting organizations, 
        to assist State and local governments in obtaining the 
        equipment and training to attain the essential capabilities for 
        first response to acts of terrorism, and to ensure that first 
        responder funds are spent wisely.

SEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is amended--
            (1) in section 1(b) in the table of contents by adding at 
        the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

        ``Sec. 1801. Definitions.
        ``Sec. 1802. Faster and smarter funding for first responders.
        ``Sec. 1803. Essential capabilities for first responders.
        ``Sec. 1804. Task Force on Essential Capabilities for First 
                            Responders.
        ``Sec. 1805. Covered grant eligibility and criteria.
        ``Sec. 1806. Use of funds and accountability requirements.
        ``Sec. 1807. National standards for first responder equipment 
                            and training.'';
        and
            (2) by adding at the end the following:

              ``TITLE XVIII--FUNDING FOR FIRST RESPONDERS

``SEC. 1801. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 1805(f).
            ``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 1802.
            ``(3) Directly eligible tribe.--The term `directly eligible 
        tribe' means any Indian tribe or consortium of Indian tribes 
        that--
                    ``(A) meets the criteria for inclusion in the 
                qualified applicant pool for Self-Governance that are 
                set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));
                    ``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    ``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    ``(ii) is located within 5 miles of a facility 
                within a critical infrastructure sector identified in 
                section 1803(c)(2);
                    ``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas in the 
                United States; or
                    ``(iv) has more than 1,000 square miles of Indian 
                country, as that term is defined in section 1151 of 
                title 18, United States Code.
            ``(4) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(5) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).
            ``(6) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, and respond to acts of terrorism 
        consistent with established practices.
            ``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.
            ``(8) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(9) Region.--The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            ``(i) the State or States in which they are 
                        located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes that they encompass.
            ``(10) Task force.--The term `Task Force' means the Task 
        Force on Essential Capabilities for First Responders 
        established under section 1804.

``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Covered Grants.--This title applies to grants provided by the 
Department to States, regions, or directly eligible tribes for the 
primary purpose of improving the ability of first responders to 
prevent, prepare for, respond to, or mitigate threatened or actual 
terrorist attacks, especially those involving weapons of mass 
destruction, administered under the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            ``(3) Law enforcement terrorism prevention program.--The 
        Law Enforcement Terrorism Prevention Program of the Department, 
        or any successor to such grant program.
            ``(4) Citizen corps program.--The Citizen Corps Program of 
        the Department, or any successor to such grant program.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment of Essential Capabilities.--
            ``(1) In general.--For purposes of covered grants, the 
        Secretary shall establish clearly defined essential 
        capabilities for State and local government preparedness for 
        terrorism, in consultation with--
                    ``(A) the Task Force on Essential Capabilities for 
                First Responders established under section 1804;
                    ``(B) the Under Secretaries for Emergency 
                Preparedness and Response, Border and Transportation 
                Security, Information Analysis and Infrastructure 
                Protection, and Science and Technology, and the 
                Director of the Office for Domestic Preparedness;
                    ``(C) the Secretary of Health and Human Services;
                    ``(D) other appropriate Federal agencies;
                    ``(E) State and local first responder agencies and 
                officials; and
                    ``(F) consensus-based standard making organizations 
                responsible for setting standards relevant to the first 
                responder community.
            ``(2) Deadlines.--The Secretary shall--
                    ``(A) establish essential capabilities under 
                paragraph (1) within 30 days after receipt of the 
                report under section 1804(b); and
                    ``(B) regularly update such essential capabilities 
                as necessary, but not less than every 3 years.
            ``(3) Provision of essential capabilities.--The Secretary 
        shall ensure that a detailed description of the essential 
        capabilities established under paragraph (1) is provided 
        promptly to the States and to the Congress. The States shall 
        make the essential capabilities available as necessary and 
        appropriate to local governments within their jurisdictions.
    ``(b) Objectives.--The Secretary shall ensure that essential 
capabilities established under subsection (a)(1) meet the following 
objectives:
            ``(1) Specificity.--The determination of essential 
        capabilities specifically shall describe the training, 
        planning, personnel, and equipment that different types of 
        communities in the Nation should possess, or to which they 
        should have access, in order to meet the Department's goals for 
        terrorism preparedness based upon--
                    ``(A) the most current risk assessment available by 
                the Directorate for Information Analysis and 
                Infrastructure Protection of the threats of terrorism 
                against the United States;
                    ``(B) the types of threats, vulnerabilities, 
                geography, size, and other factors that the Secretary 
                has determined to be applicable to each different type 
                of community; and
                    ``(C) the principles of regional coordination and 
                mutual aid among State and local governments.
            ``(2) Flexibility.--The establishment of essential 
        capabilities shall be sufficiently flexible to allow State and 
        local government officials to set priorities based on 
        particular needs, while reaching nationally determined 
        terrorism preparedness levels within a specified time period.
            ``(3) Measurability.--The establishment of essential 
        capabilities shall be designed to enable measurement of 
        progress towards specific terrorism preparedness goals.
            ``(4) Comprehensiveness.--The determination of essential 
        capabilities for terrorism preparedness shall be made within 
        the context of a comprehensive State emergency management 
        system.
    ``(c) Factors To Be Considered.--
            ``(1) In general.--In establishing essential capabilities 
        under subsection (a)(1), the Secretary specifically shall 
        consider the variables of threat, vulnerability, and 
        consequences with respect to the Nation's population (including 
        transient commuting and tourist populations) and critical 
        infrastructure. Such consideration shall be based upon the most 
        current risk assessment available by the Directorate for 
        Information Analysis and Infrastructure Protection of the 
        threats of terrorism against the United States.
            ``(2) Critical infrastructure sectors.--The Secretary 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        Nation, urban and rural:
                    ``(A) Agriculture.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Food.
                    ``(H) Government.
                    ``(I) Postal and shipping.
                    ``(J) Public health.
                    ``(K) Information and telecommunications networks.
                    ``(L) Transportation.
                    ``(M) Water.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Types of threat.--The Secretary specifically shall 
        consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the Nation, urban and rural:
                    ``(A) Biological threats.
                    ``(B) Nuclear threats.
                    ``(C) Radiological threats.
                    ``(D) Incendiary threats.
                    ``(E) Chemical threats.
                    ``(F) Explosives.
                    ``(G) Suicide bombers.
                    ``(H) Cyber threats.
                    ``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
        The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            ``(4) Consideration of additional factors.--In establishing 
        essential capabilities under subsection (a)(1), the Secretary 
        shall take into account any other specific threat to a 
        population (including a transient commuting or tourist 
        population) or critical infrastructure sector that the 
        Secretary has determined to exist.

``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

    ``(a) Establishment.--To assist the Secretary in establishing 
essential capabilities under section 1803(a)(1), the Secretary shall 
establish an advisory body pursuant to section 871(a) not later than 60 
days after the date of the enactment of this section, which shall be 
known as the Task Force on Essential Capabilities for First Responders.
    ``(b) Report.--
            ``(1) In general.--The Task Force shall submit to the 
        Secretary, not later than 9 months after its establishment by 
        the Secretary under subsection (a) and every 3 years 
        thereafter, a report on its recommendations for essential 
        capabilities for preparedness for terrorism.
            ``(2) Contents.--The report shall--
                    ``(A) include a priority ranking of essential 
                capabilities in order to provide guidance to the 
                Secretary and to the Congress on determining the 
                appropriate allocation of, and funding levels for, 
                first responder needs;
                    ``(B) set forth a methodology by which any State or 
                local government will be able to determine the extent 
                to which it possesses or has access to the essential 
                capabilities that States and local governments having 
                similar risks should obtain;
                    ``(C) describe the availability of national 
                voluntary consensus standards, and whether there is a 
                need for new national voluntary consensus standards, 
                with respect to first responder training and equipment;
                    ``(D) include such additional matters as the 
                Secretary may specify in order to further the terrorism 
                preparedness capabilities of first responders; and
                    ``(E) include such revisions to the contents of 
                past reports as are necessary to take into account 
                changes in the most current risk assessment available 
                by the Directorate for Information Analysis and 
                Infrastructure Protection or other relevant information 
                as determined by the Secretary.
            ``(3) Consistency with federal working group.--The Task 
        Force shall ensure that its recommendations for essential 
        capabilities are, to the extent feasible, consistent with any 
        preparedness goals or recommendations of the Federal working 
        group established under section 319F(a) of the Public Health 
        Service Act (42 U.S.C. 247d-6(a)).
            ``(4) Comprehensiveness.--The Task Force shall ensure that 
        its recommendations regarding essential capabilities for 
        terrorism preparedness are made within the context of a 
        comprehensive State emergency management system.
            ``(5) Prior measures.--The Task Force shall ensure that its 
        recommendations regarding essential capabilities for terrorism 
        preparedness take into account any capabilities that State or 
        local officials have determined to be essential and have 
        undertaken since September 11, 2001, to prevent or prepare for 
        terrorist attacks.
    ``(c) Membership.--
            ``(1) In general.--The Task Force shall consist of 25 
        members appointed by the Secretary, and shall, to the extent 
        practicable, represent a geographic and substantive cross 
        section of governmental and nongovernmental first responder 
        disciplines from the State and local levels, including as 
        appropriate--
                    ``(A) members selected from the emergency response 
                field, including fire service and law enforcement, 
                hazardous materials response, emergency medical 
                services, and emergency management personnel (including 
                public works personnel routinely engaged in emergency 
                response);
                    ``(B) health scientists, emergency and inpatient 
                medical providers, and public health professionals, 
                including experts in emergency health care response to 
                chemical, biological, radiological, and nuclear 
                terrorism, and experts in providing mental health care 
                during emergency response operations;
                    ``(C) experts from Federal, State, and local 
                governments, and the private sector, representing 
                standards-setting organizations, including 
                representation from the voluntary consensus codes and 
                standards development community, particularly those 
                with expertise in first responder disciplines; and
                    ``(D) State and local officials with expertise in 
                terrorism preparedness, subject to the condition that 
                if any such official is an elected official 
                representing one of the two major political parties, an 
                equal number of elected officials shall be selected 
                from each such party.
            ``(2) Coordination with the department of health and health 
        services.--In the selection of members of the Task Force who 
        are health professionals, including emergency medical 
        professionals, the Secretary shall coordinate the selection 
        with the Secretary of Health and Human Services.
            ``(3) Ex officio members.--The Secretary and the Secretary 
        of Health and Human Services shall each designate one or more 
        officers of their respective Departments to serve as ex officio 
        members of the Task Force. One of the ex officio members from 
        the Department of Homeland Security shall be the designated 
        officer of the Federal Government for purposes of subsection 
        (e) of section 10 of the Federal Advisory Committee Act (5 App. 
        U.S.C.).
    ``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory Committee Act (5 
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of 
such Act, and section 552b(c) of title 5, United States Code, shall 
apply to the Task Force.

``SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe shall be eligible to apply for a covered grant.
    ``(b) Grant Criteria.--In awarding covered grants, the Secretary 
shall assist States and local governments in achieving, maintaining, 
and enhancing the essential capabilities for first responders 
established by the Secretary under section 1803.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    ``(B) demonstrates the needs of the State necessary 
                to achieve, maintain, or enhance the essential 
                capabilities that apply to the State;
                    ``(C) includes a prioritization of such needs based 
                on threat, vulnerability, and consequence assessment 
                factors applicable to the State;
                    ``(D) describes how the State intends--
                            ``(i) to address such needs at the city, 
                        county, regional, tribal, State, and interstate 
                        level, including a precise description of any 
                        regional structure the State has established 
                        for the purpose of organizing homeland security 
                        preparedness activities funded by covered 
                        grants;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, including 
                        the activities of multijurisdictional planning 
                        agencies governed by local officials, both 
                        within its jurisdictional borders and with 
                        neighboring States;
                    ``(E) is developed in consultation with and subject 
                to appropriate comment by local governments within the 
                State; and
                    ``(F) with respect to the emergency preparedness of 
                first responders, addresses the unique aspects of 
                terrorism as part of a comprehensive State emergency 
                management plan.
            ``(2) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, any State, region, or directly eligible tribe may 
        apply for a covered grant by submitting to the Secretary an 
        application at such time, in such manner, and containing such 
        information as is required under this subsection, or as the 
        Secretary may reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe to which the 
                application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through under section 
                1806(g)(1), would assist in fulfilling the essential 
                capabilities specified in such plan or plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(D) if the applicant is a State, a description of 
                how the State plans to allocate the covered grant funds 
                to regions, local governments, and Indian tribes;
                    ``(E) if the applicant is a region--
                            ``(i) a precise geographical description of 
                        the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds;
                    ``(G) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as the tribal liaison; and
                    ``(H) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 1806(g)(2).
            ``(5) Regional applications.--
                    ``(A) Relationship to state applications.--A 
                regional application--
                            ``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;
                            ``(ii) shall supplement and avoid 
                        duplication with such State application; and
                            ``(iii) shall address the unique regional 
                        aspects of such region's terrorism preparedness 
                        needs beyond those provided for in the 
                        application of such State or States.
                    ``(B) State review and submission.--To ensure the 
                consistency required under subsection (d) and the 
                coordination required under subparagraph (A) of this 
                paragraph, an applicant that is a region must submit 
                its application to each State of which any part is 
                included in the region for review and concurrence prior 
                to the submission of such application to the Secretary. 
                The regional application shall be transmitted to the 
                Secretary through each such State within 30 days of its 
                receipt, unless the Governor of such a State notifies 
                the Secretary, in writing, that such regional 
                application is inconsistent with the State's homeland 
                security plan and provides an explanation of the 
                reasons therefor.
                    ``(C) Distribution of regional awards.--If the 
                Secretary approves a regional application, then the 
                Secretary shall distribute a regional award to the 
                State or States submitting the applicable regional 
                application under subparagraph (B), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through to the region all covered grant funds or 
                resources purchased with such funds, except those funds 
                necessary for the State to carry out its 
                responsibilities with respect to such regional 
                application: Provided, That in no such case shall the 
                State or States pass through to the region less than 80 
                percent of the regional award.
                    ``(D) Certifications regarding distribution of 
                grant funds to regions.--Any State that receives a 
                regional award under subparagraph (C) shall certify to 
                the Secretary, by not later than 30 days after the 
                expiration of the period described in subparagraph (C) 
                with respect to the grant, that the State has made 
                available to the region the required funds and 
                resources in accordance with subparagraph (C).
                    ``(E) Direct payments to regions.--If any State 
                fails to pass through a regional award to a region as 
                required by subparagraph (C) within 45 days after 
                receiving such award and does not request or receive an 
                extension of such period under section 1806(h)(2), the 
                region may petition the Secretary to receive directly 
                the portion of the regional award that is required to 
                be passed through to such region under subparagraph 
                (C).
                    ``(F) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(E)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Tribal applications.--
                    ``(A) Submission to the state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a directly eligible tribe must submit 
                its application to each State within the boundaries of 
                which any part of such tribe is located for direct 
                submission to the Department along with the application 
                of such State or States.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                such tribe is located to comment to the Secretary on 
                the consistency of the tribe's application with the 
                State's homeland security plan. Any such comments shall 
                be submitted to the Secretary concurrently with the 
                submission of the State and tribal applications.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State homeland security plan or plans, and 
                to approve any application of such tribe. The Secretary 
                shall notify each State within the boundaries of which 
                any part of such tribe is located of the approval of an 
                application by such tribe.
                    ``(D) Tribal liaison.--A tribal liaison designated 
                under paragraph (4)(G) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials 
                        concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials to assist in the 
                        development of the application of such tribe 
                        and to improve the tribe's access to covered 
                        grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to such tribe.
                    ``(E) Limitation on the number of direct grants.--
                The Secretary may make covered grants directly to not 
                more than 20 directly eligible tribes per fiscal year.
                    ``(F) Tribes not receiving direct grants.--An 
                Indian tribe that does not receive a grant directly 
                under this section is eligible to receive funds under a 
                covered grant from the State or States within the 
                boundaries of which any part of such tribe is located, 
                consistent with the homeland security plan of the State 
                as described in subsection (c). If a State fails to 
                comply with section 1806(g)(1), the tribe may request 
                payment under section 1806(h)(3) in the same manner as 
                a local government.
            ``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards 
        established by the Secretary under section 1807(a), the 
        applicant shall include in the application an explanation of 
        why such equipment or systems will serve the needs of the 
        applicant better than equipment or systems that meet or exceed 
        such standards.
    ``(f) First Responder Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Under Secretary for Emergency 
                Preparedness and Response;
                    ``(C) the Under Secretary for Border and 
                Transportation Security;
                    ``(D) the Under Secretary for Information Analysis 
                and Infrastructure Protection;
                    ``(E) the Under Secretary for Science and 
                Technology; and
                    ``(F) the Director of the Office for Domestic 
                Preparedness.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
            ``(3) Ranking of grant applications.--
                    ``(A) Prioritization of grants.--The Board--
                            ``(i) shall evaluate and annually 
                        prioritize all pending applications for covered 
                        grants based upon the degree to which they 
                        would, by achieving, maintaining, or enhancing 
                        the essential capabilities of the applicants on 
                        a nationwide basis, lessen the threat to, 
                        vulnerability of, and consequences for persons 
                        and critical infrastructure; and
                            ``(ii) in evaluating the threat to persons 
                        and critical infrastructure for purposes of 
                        prioritizing covered grants, shall give greater 
                        weight to threats of terrorism based on their 
                        specificity and credibility, including any 
                        pattern of repetition.
                    ``(B) Minimum amounts.--After evaluating and 
                prioritizing grant applications under subparagraph (A), 
                the Board shall ensure that, for each fiscal year--
                            ``(i) each of the States, other than the 
                        Virgin Islands, American Samoa, Guam, and the 
                        Northern Mariana Islands, that has an approved 
                        State homeland security plan receives no less 
                        than 0.25 percent of the funds available for 
                        covered grants for that fiscal year for 
                        purposes of implementing its homeland security 
                        plan in accordance with the prioritization of 
                        needs under subsection (c)(1)(C);
                            ``(ii) each of the States, other than the 
                        Virgin Islands, American Samoa, Guam, and the 
                        Northern Mariana Islands, that has an approved 
                        State homeland security plan and that meets one 
                        or both of the additional high-risk qualifying 
                        criteria under subparagraph (C) receives no 
                        less than 0.45 percent of the funds available 
                        for covered grants for that fiscal year for 
                        purposes of implementing its homeland security 
                        plan in accordance with the prioritization of 
                        needs under subsection (c)(1)(C);
                            ``(iii) the Virgin Islands, American Samoa, 
                        Guam, and the Northern Mariana Islands each 
                        receives no less than 0.08 percent of the funds 
                        available for covered grants for that fiscal 
                        year for purposes of implementing its approved 
                        State homeland security plan in accordance with 
                        the prioritization of needs under subsection 
                        (c)(1)(C); and
                            ``(iv) directly eligible tribes 
                        collectively receive no less than 0.08 percent 
                        of the funds available for covered grants for 
                        such fiscal year for purposes of addressing the 
                        needs identified in the applications of such 
                        tribes, consistent with the homeland security 
                        plan of each State within the boundaries of 
                        which any part of any such tribe is located, 
                        except that this clause shall not apply with 
                        respect to funds available for a fiscal year if 
                        the Secretary receives less than 5 applications 
                        for such fiscal year from such tribes under 
                        subsection (e)(6)(A) or does not approve at 
                        least one such application.
                    ``(C) Additional high-risk qualifying criteria.--
                For purposes of subparagraph (B)(ii), additional high-
                risk qualifying criteria consist of--
                            ``(i) having a significant international 
                        land border; or
                            ``(ii) adjoining a body of water within 
                        North America through which an international 
                        boundary line extends.
            ``(4) Effect of regional awards on state minimum.--Any 
        regional award, or portion thereof, provided to a State under 
        subsection (e)(5)(C) shall not be considered in calculating the 
        minimum State award under paragraph (3)(B) of this subsection.
            ``(5) Functions of under secretaries.--The Under 
        Secretaries referred to in paragraph (1) shall seek to ensure 
        that the relevant expertise and input of the staff of their 
        directorates are available to and considered by the Board.

``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing or upgrading equipment, including computer 
        software, to enhance terrorism preparedness and response;
            ``(2) exercises to strengthen terrorism preparedness and 
        response;
            ``(3) training for prevention (including detection) of, 
        preparedness for, or response to attacks involving weapons of 
        mass destruction, including training in the use of equipment 
        and computer software;
            ``(4) developing or updating response plans;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness and response purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System by the Secretary, or 
                a similar elevation in threat alert level issued by a 
                State, region, or local government with the approval of 
                the Secretary;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) protecting critical infrastructure against potential 
        attack by the addition of barriers, fences, gates, and other 
        such devices, except that the cost of such measures may not 
        exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the covered grant;
            ``(10) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            ``(11) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(12) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prepare for and respond to an act of terrorism;
            ``(13) paying of administrative expenses directly related 
        to administration of the grant, except that such expenses may 
        not exceed 3 percent of the amount of the grant; and
            ``(14) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds;
            ``(2) to construct buildings or other physical facilities;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(c) Multiple-Purpose Funds.--Nothing in this section shall be 
construed to preclude State and local governments from using covered 
grant funds in a manner that also enhances first responder preparedness 
for emergencies and disasters unrelated to acts of terrorism, if such 
use assists such governments in achieving essential capabilities for 
terrorism preparedness established by the Secretary under section 1803.
    ``(d) Reimbursement of Costs.--In addition to the activities 
described in subsection (a), a covered grant may be used to provide a 
reasonable stipend to paid-on-call or volunteer first responders who 
are not otherwise compensated for travel to or participation in 
training covered by this section. Any such reimbursement shall not be 
considered compensation for purposes of rendering such a first 
responder an employee under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.).
    ``(e) Assistance Requirement.--The Secretary may not request that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(f) Flexibility in Unspent Homeland Security Grant Funds.--Upon 
request by the recipient of a covered grant, the Secretary may 
authorize the grantee to transfer all or part of funds provided as the 
covered grant from uses specified in the grant agreement to other uses 
authorized under this section, if the Secretary determines that such 
transfer is in the interests of homeland security.
    ``(g) State, Regional, and Tribal Responsibilities.--
            ``(1) Pass-through.--The Secretary shall require a 
        recipient of a covered grant that is a State to obligate or 
        otherwise make available to local governments, first 
        responders, and other local groups, to the extent required 
        under the State homeland security plan or plans specified in 
        the application for the grant, not less than 80 percent of the 
        grant funds, resources purchased with the grant funds having a 
        value equal to at least 80 percent of the amount of the grant, 
        or a combination thereof, by not later than the end of the 45-
        day period beginning on the date the grant recipient receives 
        the grant funds.
            ``(2) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a covered grant to a 
                State, region, or directly eligible tribe awarded after 
                the 2-year period beginning on the date of the 
                enactment of this section shall not exceed 75 percent.
                    ``(B) Interim rule.--The Federal share of the costs 
                of an activity carried out with a covered grant awarded 
                before the end of the 2-year period beginning on the 
                date of the enactment of this section shall be 100 
                percent.
                    ``(C) In-kind matching.--Each recipient of a 
                covered grant may meet the matching requirement under 
                subparagraph (A) by making in-kind contributions of 
                goods or services that are directly linked with the 
                purpose for which the grant is made, including, but not 
                limited to, any necessary personnel overtime, 
                contractor services, administrative costs, equipment 
                fuel and maintenance, and rental space.
            ``(3) Certifications regarding distribution of grant funds 
        to local governments.--Any State that receives a covered grant 
        shall certify to the Secretary, by not later than 30 days after 
        the expiration of the period described in paragraph (1) with 
        respect to the grant, that the State has made available for 
        expenditure by local governments, first responders, and other 
        local groups the required amount of grant funds pursuant to 
        paragraph (1).
            ``(4) Quarterly report on homeland security spending.--The 
        Federal share described in paragraph (2)(A) may be increased by 
        up to 2 percent for any State, region, or directly eligible 
        tribe that, not later than 30 days after the end of each fiscal 
        quarter, submits to the Secretary a report on that fiscal 
        quarter. Each such report must include, for each recipient of a 
        covered grant or a pass-through under paragraph (1)--
                    ``(A) the amount obligated to that recipient in 
                that quarter;
                    ``(B) the amount expended by that recipient in that 
                quarter; and
                    ``(C) a summary description of the items purchased 
                by such recipient with such amount.
            ``(5) Annual report on homeland security spending.--Each 
        recipient of a covered grant shall submit an annual report to 
        the Secretary not later than 60 days after the end of each 
        fiscal year. Each recipient of a covered grant that is a region 
        must simultaneously submit its report to each State of which 
        any part is included in the region. Each recipient of a covered 
        grant that is a directly eligible tribe must simultaneously 
        submit its report to each State within the boundaries of which 
        any part of such tribe is located. Each report must include the 
        following:
                    ``(A) The amount, ultimate recipients, and dates of 
                receipt of all funds received under the grant during 
                the previous fiscal year.
                    ``(B) The amount and the dates of disbursements of 
                all such funds expended in compliance with paragraph 
                (1) or pursuant to mutual aid agreements or other 
                sharing arrangements that apply within the State, 
                region, or directly eligible tribe, as applicable, 
                during the previous fiscal year.
                    ``(C) How the funds were utilized by each ultimate 
                recipient or beneficiary during the preceding fiscal 
                year.
                    ``(D) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans were achieved, maintained, or enhanced as 
                the result of the expenditure of grant funds during the 
                preceding fiscal year.
                    ``(E) The extent to which essential capabilities 
                identified in the applicable State homeland security 
                plan or plans remain unmet.
            ``(6) Inclusion of restricted annexes.--A recipient of a 
        covered grant may submit to the Secretary an annex to the 
        annual report under paragraph (5) that is subject to 
        appropriate handling restrictions, if the recipient believes 
        that discussion in the report of unmet needs would reveal 
        sensitive but unclassified information.
            ``(7) Provision of reports.--The Secretary shall ensure 
        that each annual report under paragraph (5) is provided to the 
        Under Secretary for Emergency Preparedness and Response and the 
        Director of the Office for Domestic Preparedness.
    ``(h) Incentives to Efficient Administration of Homeland Security 
Grants.--
            ``(1) Penalties for delay in passing through local share.--
        If a recipient of a covered grant that is a State fails to pass 
        through to local governments, first responders, and other local 
        groups funds or resources required by subsection (g)(1) within 
        45 days after receiving funds under the grant, the Secretary 
        may--
                    ``(A) reduce grant payments to the grant recipient 
                from the portion of grant funds that is not required to 
                be passed through under subsection (g)(1);
                    ``(B) terminate payment of funds under the grant to 
                the recipient, and transfer the appropriate portion of 
                those funds directly to local first responders that 
                were intended to receive funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the recipient's use of funds under the grant, which may 
                include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant recipient's grant-related overtime or 
                        other expenses;
                            ``(ii) requiring the grant recipient to 
                        distribute to local government beneficiaries 
                        all or a portion of grant funds that are not 
                        required to be passed through under subsection 
                        (g)(1); or
                            ``(iii) for each day that the grant 
                        recipient fails to pass through funds or 
                        resources in accordance with subsection (g)(1), 
                        reducing grant payments to the grant recipient 
                        from the portion of grant funds that is not 
                        required to be passed through under subsection 
                        (g)(1), except that the total amount of such 
                        reduction may not exceed 20 percent of the 
                        total amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Secretary extend the 45-day period 
        under section 1805(e)(5)(E) or paragraph (1) for an additional 
        15-day period. The Secretary may approve such a request, and 
        may extend such period for additional 15-day periods, if the 
        Secretary determines that the resulting delay in providing 
        grant funding to the local government entities that will 
        receive funding under the grant will not have a significant 
        detrimental impact on such entities' terrorism preparedness 
        efforts.
            ``(3) Provision of non-local share to local government.--
                    ``(A) In general.--The Secretary may upon request 
                by a local government pay to the local government a 
                portion of the amount of a covered grant awarded to a 
                State in which the local government is located, if--
                            ``(i) the local government will use the 
                        amount paid to expedite planned enhancements to 
                        its terrorism preparedness as described in any 
                        applicable State homeland security plan or 
                        plans;
                            ``(ii) the State has failed to pass through 
                        funds or resources in accordance with 
                        subsection (g)(1); and
                            ``(iii) the local government complies with 
                        subparagraphs (B) and (C).
                    ``(B) Showing required.--To receive a payment under 
                this paragraph, a local government must demonstrate 
                that--
                            ``(i) it is identified explicitly as an 
                        ultimate recipient or intended beneficiary in 
                        the approved grant application;
                            ``(ii) it was intended by the grantee to 
                        receive a severable portion of the overall 
                        grant for a specific purpose that is identified 
                        in the grant application;
                            ``(iii) it petitioned the grantee for the 
                        funds or resources after expiration of the 
                        period within which the funds or resources were 
                        required to be passed through under subsection 
                        (g)(1); and
                            ``(iv) it did not receive the portion of 
                        the overall grant that was earmarked or 
                        designated for its use or benefit.
                    ``(C) Effect of payment.--Payment of grant funds to 
                a local government under this paragraph--
                            ``(i) shall not affect any payment to 
                        another local government under this paragraph; 
                        and
                            ``(ii) shall not prejudice consideration of 
                        a request for payment under this paragraph that 
                        is submitted by another local government.
                    ``(D) Deadline for action by secretary.--The 
                Secretary shall approve or disapprove each request for 
                payment under this paragraph by not later than 15 days 
                after the date the request is received by the 
                Department.
    ``(i) Reports to Congress.--The Secretary shall submit an annual 
report to the Congress by December 31 of each year--
            ``(1) describing in detail the amount of Federal funds 
        provided as covered grants that were directed to each State, 
        region, and directly eligible tribe in the preceding fiscal 
        year;
            ``(2) containing information on the use of such grant funds 
        by grantees; and
            ``(3) describing--
                    ``(A) the Nation's progress in achieving, 
                maintaining, and enhancing the essential capabilities 
                established under section 1803(a) as a result of the 
                expenditure of covered grant funds during the preceding 
                fiscal year; and
                    ``(B) an estimate of the amount of expenditures 
                required to attain across the United States the 
                essential capabilities established under section 
                1803(a).

``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND 
              TRAINING.

    ``(a) Equipment Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall, not later than 6 months after the 
        date of enactment of this section, support the development of, 
        promulgate, and update as necessary national voluntary 
        consensus standards for the performance, use, and validation of 
        first responder equipment for purposes of section 1805(e)(7). 
        Such standards--
                    ``(A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    ``(B) shall take into account, as appropriate, new 
                types of terrorism threats that may not have been 
                contemplated when such existing standards were 
                developed;
                    ``(C) shall be focused on maximizing 
                interoperability, interchangeability, durability, 
                flexibility, efficiency, efficacy, portability, 
                sustainability, and safety; and
                    ``(D) shall cover all appropriate uses of the 
                equipment.
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary shall specifically consider the following 
        categories of first responder equipment:
                    ``(A) Thermal imaging equipment.
                    ``(B) Radiation detection and analysis equipment.
                    ``(C) Biological detection and analysis equipment.
                    ``(D) Chemical detection and analysis equipment.
                    ``(E) Decontamination and sterilization equipment.
                    ``(F) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    ``(G) Respiratory protection equipment.
                    ``(H) Interoperable communications, including 
                wireless and wireline voice, video, and data networks.
                    ``(I) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    ``(J) Containment vessels.
                    ``(K) Contaminant-resistant vehicles.
                    ``(L) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate.
    ``(b) Training Standards.--
            ``(1) In general.--The Secretary, in consultation with the 
        Under Secretaries for Emergency Preparedness and Response and 
        Science and Technology and the Director of the Office for 
        Domestic Preparedness, shall support the development of, 
        promulgate, and regularly update as necessary national 
        voluntary consensus standards for first responder training 
        carried out with amounts provided under covered grant programs, 
        that will enable State and local government first responders to 
        achieve optimal levels of terrorism preparedness as quickly as 
        practicable. Such standards shall give priority to providing 
        training to--
                    ``(A) enable first responders to prevent, prepare 
                for, respond to, and mitigate terrorist threats, 
                including threats from chemical, biological, nuclear, 
                and radiological weapons and explosive devices capable 
                of inflicting significant human casualties; and
                    ``(B) familiarize first responders with the proper 
                use of equipment, including software, developed 
                pursuant to the standards established under subsection 
                (a).
            ``(2) Required categories.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of first responder activities:
                    ``(A) Regional planning.
                    ``(B) Joint exercises.
                    ``(C) Intelligence collection, analysis, and 
                sharing.
                    ``(D) Emergency notification of affected 
                populations.
                    ``(E) Detection of biological, nuclear, 
                radiological, and chemical weapons of mass destruction.
                    ``(F) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            ``(3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that such training standards are 
        consistent with the principles of emergency preparedness for 
        all hazards.
    ``(c) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for first responder equipment 
and training under this section, the Secretary shall consult with 
relevant public and private sector groups, including--
            ``(1) the National Institute of Standards and Technology;
            ``(2) the National Fire Protection Association;
            ``(3) the National Association of County and City Health 
        Officials;
            ``(4) the Association of State and Territorial Health 
        Officials;
            ``(5) the American National Standards Institute;
            ``(6) the National Institute of Justice;
            ``(7) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            ``(8) the National Public Health Performance Standards 
        Program;
            ``(9) the National Institute for Occupational Safety and 
        Health;
            ``(10) ASTM International;
            ``(11) the International Safety Equipment Association;
            ``(12) the Emergency Management Accreditation Program; and
            ``(13) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    ``(d) Coordination With Secretary of HHS.--In establishing any 
national voluntary consensus standards under this section for first 
responder equipment or training that involve or relate to health 
professionals, including emergency medical professionals, the Secretary 
shall coordinate activities under this section with the Secretary of 
Health and Human Services.''.
    (b) Definition of Emergency Response Providers.--Paragraph (6) of 
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.
    (c) Temporary Limitations on Application.--
            (1) 1-year delay in application.--The following provisions 
        of title XVIII of the Homeland Security Act of 2002, as amended 
        by subsection (a), shall not apply during the 1-year period 
        beginning on the date of the enactment of this Act:
                    (A) Subsections (b), (c), and (e)(4)(A) and (B) of 
                section 1805.
                    (B) In section 1805(f)(3)(A), the phrase ``, by 
                enhancing the essential capabilities of the 
                applicants,''.
            (2) 2-year delay in application.--The following provisions 
        of title XVIII of the Homeland Security Act of 2002, as amended 
        by subsection (a), shall not apply during the 2-year period 
        beginning on the date of the enactment of this Act:
            (A) Subparagraphs (D) and (E) of section 1806(g)(5).
            (B) Section 1806(i)(3).

SEC. 5004. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is amended by 
adding at the end the following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) In General.--The Secretary shall revise the Homeland Security 
Advisory System referred to in section 201(d)(7) to require that any 
designation of a threat level or other warning shall be accompanied by 
a designation of the geographic regions or economic sectors to which 
the designation applies.
    ``(b) Reports.--The Secretary shall report to the Congress annually 
by not later than December 31 each year regarding the geographic 
region-specific warnings and economic sector-specific warnings issued 
during the preceding fiscal year under the Homeland Security Advisory 
System referred to in section 201(d)(7), and the bases for such 
warnings. The report shall be submitted in unclassified form and may, 
as necessary, include a classified annex.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 202 the following:

``203. Homeland Security Advisory System.''.

SEC. 5005. 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 by striking ``and'' after the 
semicolon at the end of paragraph (6), by striking the period at the 
end of paragraph (7) and inserting ``; and'', and 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.''.

SEC. 5006. SUPERSEDED PROVISION.

    This subtitle supersedes section 1014 of Public Law 107-56.

SEC. 5007. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.

    (a) Finding.--The Congress finds that--
            (1) many first responders working in the same jurisdiction 
        or in different jurisdictions cannot effectively and 
        efficiently communicate with one another; and
            (2) their inability to do so threatens the public's safety 
        and may result in unnecessary loss of lives and property.
    (b) Sense of Congress.--It is the sense of the 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. 5008. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.

    (a) Finding.--The Congress finds that Citizen Corps councils help 
to enhance local citizen participation in terrorism preparedness by 
coordinating multiple Citizen Corps programs, developing community 
action plans, assessing possible threats, and identifying local 
resources.
    (b) Sense of Congress.--It is the sense of the Congress that 
individual Citizen Corps councils should seek to enhance the 
preparedness and response capabilities of all organizations 
participating in the councils, including by providing funding to as 
many of their participating organizations as practicable to promote 
local terrorism preparedness programs.

SEC. 5009. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.

    (a) Study.--The Secretary of Homeland Security, 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 the 
enactment of this Act, the Secretary shall submit to the Congress a 
report regarding the conclusions of the study.

SEC. 5010. 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.

   Subtitle B--Restructuring Relating to the Department of Homeland 
                  Security and Congressional Oversight

SEC. 5021. 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 shall be 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) The Secretary shall assign to 
the Office permanent staff and other appropriate personnel detailed 
from other subdivisions of the Department to carry out responsibilities 
under this section.
    ``(2) 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) 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) 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 Amendment.--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 new 
        paragraph (8):
            ``(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 (as amended by this section).

SEC. 5022. 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 and following) 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.''.

SEC. 5023. SENSE OF THE HOUSE OF REPRESENTATIVES ON ADDRESSING HOMELAND 
              SECURITY FOR THE AMERICAN PEOPLE.

    (a) Findings.--The House of Representatives finds that--
            (1) the House of Representatives created a Select Committee 
        on Homeland Security at the start of the 108th Congress to 
        provide for vigorous congressional oversight for the 
        implementation and operation of the Department of Homeland 
        Security;
            (2) the House of Representatives also charged the Select 
        Committee on Homeland Security, including its Subcommittee on 
        Rules, with undertaking a thorough and complete study of the 
        operation and implementation of the rules of the House, 
        including the rule governing committee jurisdiction, with 
        respect to the issue of homeland security and to make their 
        recommendations to the Committee on Rules;
            (3) on February 11, 2003, the Committee on Appropriations 
        of the House of Representatives created a new Subcommittee on 
        Homeland Security with jurisdiction over the Transportation 
        Security Administration, the Coast Guard, and other entities 
        within the Department of Homeland Security to help address the 
        integration of the Department of Homeland Security's 22 legacy 
        agencies; and
            (4) during the 108th Congress, the House of Representatives 
        has taken several steps to help ensure its continuity in the 
        event of a terrorist attack, including--
                    (A) adopting H.R. 2844, the Continuity of 
                Representation Act, a bill to require States to hold 
                expedited special elections to fill vacancies in the 
                House of Representatives not later than 45 days after 
                the vacancy is announced by the Speaker in 
                extraordinary circumstances;
                    (B) granting authority for joint-leadership recalls 
                from a period of adjournment to an alternate place;
                    (C) allowing for anticipatory consent with the 
                Senate to assemble in an alternate place;
                    (D) establishing the requirement that the Speaker 
                submit to the Clerk a list of Members in the order in 
                which each shall act as Speaker pro tempore in the case 
                of a vacancy in the Office of Speaker (including 
                physical inability of the Speaker to discharge his 
                duties) until the election of a Speaker or a Speaker 
                pro tempore, exercising such authorities of the Speaker 
                as may be necessary and appropriate to that end;
                    (E) granting authority for the Speaker to declare 
                an emergency recess of the House subject to the call of 
                the Chair when notified of an imminent threat to the 
                safety of the House;
                    (F) granting authority for the Speaker, during any 
                recess or adjournment of not more than three days, in 
                consultation with the Minority Leader, to postpone the 
                time for reconvening or to reconvene before the time 
                previously appointed solely to declare the House in 
                recess, in each case within the constitutional three-
                day limit;
                    (G) establishing the authority for the Speaker to 
                convene the House in an alternate place within the seat 
                of Government; and
                    (H) codifying the long-standing practice that the 
                death, resignation, expulsion, disqualification, or 
                removal of a Member results in an adjustment of the 
                quorum of the House, which the Speaker shall announce 
                to the House and which shall not be subject to appeal.
    (b) Sense of the House.--It is the sense of the House of 
Representatives that the Committee on Rules should act upon the 
recommendations provided by the Select Committee on Homeland Security, 
and other committees of existing jurisdiction, regarding the 
jurisdiction over proposed legislation, messages, petitions, memorials 
and other matters relating to homeland security prior to or at the 
start of the 109th Congress.

            Subtitle C--Improvements to Information Security

SEC. 5031. AMENDMENTS TO CLINGER-COHEN 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''.

             Subtitle D--Personnel Management Improvements

                 CHAPTER 1--APPOINTMENTS PROCESS REFORM

SEC. 5041. APPOINTMENTS TO NATIONAL SECURITY POSITIONS.

    (a) Definition of National Security Position.--For purposes of this 
section, the term ``national security position'' shall include--
            (1) those positions that involve activities of the United 
        States Government that are concerned with the protection of the 
        Nation from foreign aggression, terrorism, or espionage, 
        including development of defense plans or policies, 
        intelligence or counterintelligence activities, and related 
        activities concerned with the preservation of military strength 
        of the United States and protection of the homeland; and
            (2) positions that require regular use of, or access to, 
        classified information.
    (b) Publication in the Federal Register.--Not later than 60 days 
after the effective date of this section, the Director of the Office of 
Personnel Management shall publish in the Federal Register a list of 
offices that constitute national security positions under section (a) 
for which Senate confirmation is required by law, and the Director 
shall revise such list from time to time as appropriate.
    (c) Presidential Appointments.--(1) With respect to appointment of 
individuals to offices identified under section (b) and listed in 
sections 5315 or 5316 of title 5, United States Code, which shall arise 
after the publication of the list required by section (b), and 
notwithstanding any other provision of law, the advice and consent of 
the Senate shall not be required, but rather such appointment shall be 
made by the President alone.
    (2) With respect to appointment of individuals to offices 
identified under section (b) and listed in sections 5313 or 5314 of 
title 5, United States Code, which shall arise after the publication of 
the list required by section (b), and notwithstanding any other 
provision of law, the advice and consent of the Senate shall be 
required, except that if 30 legislative days shall have expired from 
the date on which a nomination is submitted to the Senate without a 
confirmation vote occurring in the Senate, such appointment shall be 
made by the President alone.
    (3) For the purposes of this subsection, the term ``legislative 
day'' means a day on which the Senate is in session.

SEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS.

    Subsections (a) and (b) of section 3349a of title 5, United States 
Code, are amended to read as follows:
    ``(a) As used in this section--
            ``(1) the term `inauguration day' means the date on which 
        any person swears or affirms the oath of office as President; 
        and
            ``(2) the term `specified national security position' shall 
        mean not more than 20 positions requiring Senate confirmation, 
        not to include more than 3 heads of Executive Departments, 
        which are designated by the President on or after an 
        inauguration day as positions for which the duties involve 
        substantial responsibility for national security.
    ``(b) With respect to any vacancy that exists during the 60-day 
period beginning on an inauguration day, except where the person 
swearing or affirming the oath of office was the President on the date 
preceding the date of swearing or affirming such oath of office, the 
210-day period under section 3346 or 3348 shall be deemed to begin on 
the later of the date occurring--
            ``(1) 90 days after such transitional inauguration day; or
            ``(2) 90 days after the date on which the vacancy occurs.
    ``(c) With respect to any vacancy in any specified national 
security position that exists during the 60-day period beginning on an 
inauguration day, the requirements of subparagraphs (A) and (B) of 
section 3345(a)(3) shall not apply.''.

SEC. 5043. PUBLIC FINANCIAL DISCLOSURE FOR THE INTELLIGENCE COMMUNITY.

    (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by inserting before title IV the following:

 ``TITLE III--INTELLIGENCE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS

``SEC. 301. PERSONS REQUIRED TO FILE.

    ``(a) Within 30 days of assuming the position of an officer or 
employee described in subsection (e), an individual shall file a report 
containing the information described in section 302(b) unless the 
individual has left another position described in subsection (e) within 
30 days prior to assuming such new position or has already filed a 
report under this title with respect to nomination for the new position 
or as a candidate for the position.
    ``(b)(1) Within 5 days of the transmittal by the President to the 
Senate of the nomination of an individual to a position in the 
executive branch, appointment to which requires the advice and consent 
of the Senate, such individual shall file a report containing the 
information described in section 302(b). Such individual shall, not 
later than the date of the first hearing to consider the nomination of 
such individual, make current the report filed pursuant to this 
paragraph by filing the information required by section 302(a)(1)(A) 
with respect to income and honoraria received as of the date which 
occurs 5 days before the date of such hearing. Nothing in this Act 
shall prevent any congressional committee from requesting, as a 
condition of confirmation, any additional financial information from 
any Presidential nominee whose nomination has been referred to that 
committee.
    ``(2) An individual whom the President or the President-elect has 
publicly announced he intends to nominate to a position may file the 
report required by paragraph (1) at any time after that public 
announcement, but not later than is required under the first sentence 
of such paragraph.
    ``(c) Any individual who is an officer or employee described in 
subsection (e) during any calendar year and performs the duties of his 
position or office for a period in excess of 60 days in that calendar 
year shall file on or before May 15 of the succeeding year a report 
containing the information described in section 302(a).
    ``(d) Any individual who occupies a position described in 
subsection (e) shall, on or before the 30th day after termination of 
employment in such position, file a report containing the information 
described in section 302(a) covering the preceding calendar year if the 
report required by subsection (c) has not been filed and covering the 
portion of the calendar year in which such termination occurs up to the 
date the individual left such office or position, unless such 
individual has accepted employment in or takes the oath of office for 
another position described in subsection (e) or section 101(f).
    ``(e) The officers and employees referred to in subsections (a), 
(c), and (d) are those employed in or under--
            ``(1) the Office of the National Intelligence Director; or
            ``(2) an element of the intelligence community, as defined 
        in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
        401a(4)).
    ``(f)(1) Reasonable extensions of time for filing any report may be 
granted under procedures prescribed by the Office of Government Ethics, 
but the total of such extensions shall not exceed 90 days.
    ``(2)(A) In the case of an individual who is serving in the Armed 
Forces, or serving in support of the Armed Forces, in an area while 
that area is designated by the President by Executive order as a combat 
zone for purposes of section 112 of the Internal Revenue Code of 1986, 
the date for the filing of any report shall be extended so that the 
date is 180 days after the later of--
            ``(i) the last day of the individual's service in such area 
        during such designated period; or
            ``(ii) the last day of the individual's hospitalization as 
        a result of injury received or disease contracted while serving 
        in such area.
    ``(B) The Office of Government Ethics, in consultation with the 
Secretary of Defense, may prescribe procedures under this paragraph.
    ``(g) The Director of the Office of Government Ethics may grant a 
publicly available request for a waiver of any reporting requirement 
under this title with respect to an individual if the Director 
determines that--
            ``(1) such individual is not a full-time employee of the 
        Government;
            ``(2) such individual is able to provide special services 
        needed by the Government;
            ``(3) it is unlikely that such individual's outside 
        employment or financial interests will create a conflict of 
        interest; and
            ``(4) public financial disclosure by such individual is not 
        necessary in the circumstances.
    ``(h)(1) The Director of the Office of Government Ethics may 
establish procedures under which an incoming individual can take 
actions to avoid conflicts of interest while in office if the 
individual has holdings or other financial interests that raise 
conflict concerns.
    ``(2) The actions referenced in paragraph (1) may include, but are 
not limited to, signed agreements with the individual's employing 
agency, the establishment of blind trusts, or requirements for 
divesting interests or holdings while in office.

``SEC. 302. CONTENTS OF REPORTS.

    ``(a) Each report filed pursuant to section 301 (c) and (d) shall 
include a full and complete statement with respect to the following:
            ``(1)(A) The source, description, and category of value of 
        income (other than income referred to in subparagraph (B)) from 
        any source (other than from current employment by the United 
        States Government), received during the preceding calendar 
        year, aggregating more than $500 in value, except that 
        honoraria received during Government service by an officer or 
        employee shall include, in addition to the source, the exact 
        amount and the date it was received.
            ``(B) The source and description of investment income which 
        may include but is not limited to dividends, rents, interest, 
        and capital gains, received during the preceding calendar year 
        which exceeds $500 in amount or value.
            ``(C) The categories for reporting the amount for income 
        covered in subparagraphs (A) and (B) are--
                    ``(i) greater than $500 but not more than $20,000;
                    ``(ii) greater than $20,000 but not more than 
                $100,000;
                    ``(iii) greater than $100,000 but not more than 
                $1,000,000;
                    ``(iv) greater than $1,000,000 but not more than 
                $2,500,000; and
                    ``(v) greater than $2,500,000.
            ``(2)(A) The identity of the source, a brief description, 
        and the value of all gifts aggregating more than the minimal 
        value as established by section 7342(a)(5) of title 5, United 
        States Code, or $250, whichever is greater, received from any 
        source other than a relative of the reporting individual during 
        the preceding calendar year, except that any food, lodging, or 
        entertainment received as personal hospitality of an individual 
        need not be reported, and any gift with a fair market value of 
        $100 or less, as adjusted at the same time and by the same 
        percentage as the minimal value is adjusted, need not be 
        aggregated for purposes of this subparagraph.
            ``(B) The identity of the source and a brief description 
        (including dates of travel and nature of expenses provided) of 
        reimbursements received from any source aggregating more than 
        the minimal value as established by section 7342(a)(5) of title 
        5, United States Code, or $250, whichever is greater and 
        received during the preceding calendar year.
            ``(3) The identity and category of value of any interest in 
        property held during the preceding calendar year in a trade or 
        business, or for investment or the production of income, which 
        has a fair market value which exceeds $5,000 as of the close of 
        the preceding calendar year, excluding any personal liability 
        owed to the reporting individual by a spouse, or by a parent, 
        brother, sister, or child of the reporting individual or of the 
        reporting individual's spouse, or any deposit accounts 
        aggregating $100,000 or less in a financial institution, or any 
        Federal Government securities aggregating $100,000 or less.
            ``(4) The identity and category of value of the total 
        liabilities owed to any creditor other than a spouse, or a 
        parent, brother, sister, or child of the reporting individual 
        or of the reporting individual's spouse which exceed $20,000 at 
        any time during the preceding calendar year, excluding--
                    ``(A) any mortgage secured by real property which 
                is a personal residence of the reporting individual or 
                his spouse; and
                    ``(B) any loan secured by a personal motor vehicle, 
                household furniture, or appliances, which loan does not 
                exceed the purchase price of the item which secures it.
        With respect to revolving charge accounts, only those with an 
        outstanding liability which exceeds $20,000 as of the close of 
        the preceding calendar year need be reported under this 
        paragraph. Notwithstanding the preceding sentence, individuals 
        required to file pursuant to section 301(b) shall also report 
        the aggregate sum of the outstanding balances of all revolving 
        charge accounts as of any date that is within 30 days of the 
        date of filing if the aggregate sum of those balances exceeds 
        $20,000.
            ``(5) Except as provided in this paragraph, a brief 
        description of any real property, other than property used 
        solely as a personal residence of the reporting individual or 
        his spouse, or stocks, bonds, commodities futures, and other 
        forms of securities, if--
                    ``(A) purchased, sold, or exchanged during the 
                preceding calendar year;
                    ``(B) the value of the transaction exceeded $5,000; 
                and
                    ``(C) the property or security is not already 
                required to be reported as a source of income pursuant 
                to paragraph (1)(B) or as an asset pursuant to 
                paragraph (3).
            ``(6)(A) The identity of all positions held on or before 
        the date of filing during the current calendar year (and, for 
        the first report filed by an individual, during the 1-year 
        period preceding such calendar year) as an officer, director, 
        trustee, partner, proprietor, representative, employee, or 
        consultant of any corporation, company, firm, partnership, or 
        other business enterprise, any nonprofit organization, any 
        labor organization, or any educational or other institution 
        other than the United States Government. This subparagraph 
        shall not require the reporting of positions held in any 
        religious, social, fraternal, or political entity and positions 
        solely of an honorary nature.
            ``(B) If any person, other than a person reported as a 
        source of income under paragraph (1)(A) or the United States 
        Government, paid a nonelected reporting individual compensation 
        in excess of $25,000 in the calendar year in which, or the 
        calendar year prior to the calendar year in which, the 
        individual files his first report under this title, the 
        individual shall include in the report--
                    ``(i) the identity of each source of such 
                compensation; and
                    ``(ii) a brief description of the nature of the 
                duties performed or services rendered by the reporting 
                individual for each such source.
        The preceding sentence shall not require any individual to 
        include in such report any information which is considered 
        confidential as a result of a privileged relationship, 
        established by law, between such individual and any person or 
        any information which the person for whom the services are 
        provided has a reasonable expectation of privacy, nor shall it 
        require an individual to report any information with respect to 
        any person for whom services were provided by any firm or 
        association of which such individual was a member, partner, or 
        employee unless such individual was directly involved in the 
        provision of such services.
            ``(7) A description of parties to and terms of any 
        agreement or arrangement with respect to (A) future employment; 
        (B) a leave of absence during the period of the reporting 
        individual's Government service; (C) continuation of payments 
        by a former employer other than the United States Government; 
        and (D) continuing participation in an employee welfare or 
        benefit plan maintained by a former employer. The description 
        of any formal agreement for future employment shall include the 
        date on which that agreement was entered into.
            ``(8) The category of the total cash value of any interest 
        of the reporting individual in a qualified blind trust.
    ``(b)(1) Each report filed pursuant to subsections (a) and (b) of 
section 301 shall include a full and complete statement with respect to 
the information required by--
            ``(A) paragraphs (1) and (6) of subsection (a) for the year 
        of filing and the preceding calendar year,
            ``(B) paragraphs (3) and (4) of subsection (a) as of the 
        date specified in the report but which is less than 31 days 
        before the filing date, and
            ``(C) paragraph (7) of subsection (a) as of the filing date 
        but for periods described in such paragraph.
    ``(2)(A) In lieu of filling out 1 or more schedules of a financial 
disclosure form, an individual may supply the required information in 
an alternative format, pursuant to either rules adopted by the Office 
of Government Ethics or pursuant to a specific written determination by 
the Director of the Office of Government Ethics for a reporting 
individual.
    ``(B) In lieu of indicating the category of amount or value of any 
item contained in any report filed under this title, a reporting 
individual may indicate the exact dollar amount of such item.
    ``(c)(1) In the case of any individual referred to in section 
301(c), the Office of Government Ethics may by regulation require a 
reporting period to include any period in which the individual served 
as an officer or employee described in section 301(e) and the period 
would not otherwise be covered by any public report filed pursuant to 
this title.
    ``(2) In the case of any individual referred to in section 301(d), 
any reference to the preceding calendar year shall be considered also 
to include that part of the calendar year of filing up to the date of 
the termination of employment.
    ``(d)(1) The categories for reporting the amount or value of the 
items covered in subsection (a)(3) are--
            ``(A) greater than $5,000 but not more than $15,000;
            ``(B) greater than $15,000 but not more than $100,000;
            ``(C) greater than $100,000 but not more than $1,000,000;
            ``(D) greater than $1,000,000 but not more than $2,500,000; 
        and
            ``(E) greater than $2,500,000.
    ``(2) For the purposes of subsection (a)(3) if the current value of 
an interest in real property (or an interest in a real estate 
partnership) is not ascertainable without an appraisal, an individual 
may list (A) the date of purchase and the purchase price of the 
interest in the real property, or (B) the assessed value of the real 
property for tax purposes, adjusted to reflect the market value of the 
property used for the assessment if the assessed value is computed at 
less than 100 percent of such market value, but such individual shall 
include in his report a full and complete description of the method 
used to determine such assessed value, instead of specifying a category 
of value pursuant to paragraph (1). If the current value of any other 
item required to be reported under subsection (a)(3) is not 
ascertainable without an appraisal, such individual may list the book 
value of a corporation whose stock is not publicly traded, the net 
worth of a business partnership, the equity value of an individually 
owned business, or with respect to other holdings, any recognized 
indication of value, but such individual shall include in his report a 
full and complete description of the method used in determining such 
value. In lieu of any value referred to in the preceding sentence, an 
individual may list the assessed value of the item for tax purposes, 
adjusted to reflect the market value of the item used for the 
assessment if the assessed value is computed at less than 100 percent 
of such market value, but a full and complete description of the method 
used in determining such assessed value shall be included in the 
report.
    ``(3) The categories for reporting the amount or value of the items 
covered in paragraphs (4) and (8) of subsection (a) are--
            ``(A) greater than $20,000 but not more than $100,000;
            ``(B) greater than $100,000 but not more than $500,000;
            ``(C) greater than $500,000 but not more than $1,000,000; 
        and
            ``(D) greater than $1,000,000.
    ``(e)(1) Except as provided in subparagraph (F), each report 
required by section 301 shall also contain information listed in 
paragraphs (1) through (5) of subsection (a) respecting the spouse or 
dependent child of the reporting individual as follows:
            ``(A) The sources of earned income earned by a spouse 
        including honoraria which exceed $500 except that, with respect 
        to earned income if the spouse is self-employed in business or 
        a profession, only the nature of such business or profession 
        need be reported.
            ``(B) All information required to be reported in subsection 
        (a)(1)(B) with respect to investment income derived by a spouse 
        or dependent child.
            ``(C) In the case of any gifts received by a spouse or 
        dependent child which are not received totally independent of 
        the relationship of the spouse or dependent child to the 
        reporting individual, the identity of the source and a brief 
        description of gifts of transportation, lodging, food, or 
        entertainment and a brief description and the value of other 
        gifts.
            ``(D) In the case of any reimbursements received by a 
        spouse or dependent child which are not received totally 
        independent of the relationship of the spouse or dependent 
        child to the reporting individual, the identity of the source 
        and a brief description of each such reimbursement.
            ``(E) In the case of items described in paragraphs (3) 
        through (5) of subsection (a), all information required to be 
        reported under these paragraphs other than items which the 
        reporting individual certifies (i) represent the spouse's or 
        dependent child's sole financial interest or responsibility and 
        which the reporting individual has no knowledge of, (ii) are 
        not in any way, past or present, derived from the income, 
        assets, or activities of the reporting individual, and (iii) 
        that he neither derives, nor expects to derive, any financial 
        or economic benefit.
            ``(F) Reports required by subsections (a), (b), and (c) of 
        section 301 shall, with respect to the spouse and dependent 
        child of the reporting individual, only contain information 
        listed in paragraphs (1), (3), and (4) of subsection (a).
    ``(2) No report shall be required with respect to a spouse living 
separate and apart from the reporting individual with the intention of 
terminating the marriage or providing for permanent separation, or with 
respect to any income or obligations of an individual arising from the 
dissolution of his marriage or the permanent separation from his 
spouse.
    ``(f)(1) Except as provided in paragraph (2), each reporting 
individual shall report the information required to be reported 
pursuant to subsections (a), (b), and (c) with respect to the holdings 
of and the income from a trust or other financial arrangement from 
which income is received by, or with respect to which a beneficial 
interest in principal or income is held by, such individual, his 
spouse, or any dependent child.
    ``(2) A reporting individual need not report the holdings of or the 
source of income from any of the holdings of--
            ``(A) any qualified blind trust (as defined in paragraph 
        (3));
            ``(B) a trust--
                    ``(i) which was not created directly by such 
                individual, his spouse, or any dependent child, and
                    ``(ii) the holdings or sources of income of which 
                such individual, his spouse, and any dependent child 
                have no knowledge; or
            ``(C) an entity described under the provisions of paragraph 
        (8), but such individual shall report the category of the 
        amount of income received by him, his spouse, or any dependent 
        child from the entity under subsection (a)(1)(B).
    ``(3) For purposes of this subsection, the term `qualified blind 
trust' includes any trust in which a reporting individual, his spouse, 
or any minor or dependent child has a beneficial interest in the 
principal or income, and which meets the following requirements:
            ``(A)(i) The trustee of the trust and any other entity 
        designated in the trust instrument to perform fiduciary duties 
        is a financial institution, an attorney, a certified public 
        accountant, a broker, or an investment advisor who--
                    ``(I) is independent of and not associated with any 
                interested party so that the trustee or other person 
                cannot be controlled or influenced in the 
                administration of the trust by any interested party;
                    ``(II) is not and has not been an employee of or 
                affiliated with any interested party and is not a 
                partner of, or involved in any joint venture or other 
                investment with, any interested party; and
                    ``(III) is not a relative of any interested party.
            ``(ii) Any officer or employee of a trustee or other entity 
        who is involved in the management or control of the trust--
                    ``(I) is independent of and not associated with any 
                interested party so that such officer or employee 
                cannot be controlled or influenced in the 
                administration of the trust by any interested party;
                    ``(II) is not a partner of, or involved in any 
                joint venture or other investment with, any interested 
                party; and
                    ``(III) is not a relative of any interested party.
            ``(B) Any asset transferred to the trust by an interested 
        party is free of any restriction with respect to its transfer 
        or sale unless such restriction is expressly approved by the 
        Office of Government Ethics.
            ``(C) The trust instrument which establishes the trust 
        provides that--
                    ``(i) except to the extent provided in subparagraph 
                (B), the trustee in the exercise of his authority and 
                discretion to manage and control the assets of the 
                trust shall not consult or notify any interested party;
                    ``(ii) the trust shall not contain any asset the 
                holding of which by an interested party is prohibited 
                by any law or regulation;
                    ``(iii) the trustee shall promptly notify the 
                reporting individual and the Office of Government 
                Ethics when the holdings of any particular asset 
                transferred to the trust by any interested party are 
                disposed of or when the value of such holding is less 
                than $1,000;
                    ``(iv) the trust tax return shall be prepared by 
                the trustee or his designee, and such return and any 
                information relating thereto (other than the trust 
                income summarized in appropriate categories necessary 
                to complete an interested party's tax return), shall 
                not be disclosed to any interested party;
                    ``(v) an interested party shall not receive any 
                report on the holdings and sources of income of the 
                trust, except a report at the end of each calendar 
                quarter with respect to the total cash value of the 
                interest of the interested party in the trust or the 
                net income or loss of the trust or any reports 
                necessary to enable the interested party to complete an 
                individual tax return required by law or to provide the 
                information required by subsection (a)(1) of this 
                section, but such report shall not identify any asset 
                or holding;
                    ``(vi) except for communications which solely 
                consist of requests for distributions of cash or other 
                unspecified assets of the trust, there shall be no 
                direct or indirect communication between the trustee 
                and an interested party with respect to the trust 
                unless such communication is in writing and unless it 
                relates only (I) to the general financial interest and 
                needs of the interested party (including, but not 
                limited to, an interest in maximizing income or long-
                term capital gain), (II) to the notification of the 
                trustee of a law or regulation subsequently applicable 
                to the reporting individual which prohibits the 
                interested party from holding an asset, which 
                notification directs that the asset not be held by the 
                trust, or (III) to directions to the trustee to sell 
                all of an asset initially placed in the trust by an 
                interested party which in the determination of the 
                reporting individual creates a conflict of interest or 
                the appearance thereof due to the subsequent assumption 
                of duties by the reporting individual (but nothing 
                herein shall require any such direction); and
                    ``(vii) the interested parties shall make no effort 
                to obtain information with respect to the holdings of 
                the trust, including obtaining a copy of any trust tax 
                return filed or any information relating thereto except 
                as otherwise provided in this subsection.
            ``(D) The proposed trust instrument and the proposed 
        trustee is approved by the Office of Government Ethics.
            ``(E) For purposes of this subsection, `interested party' 
        means a reporting individual, his spouse, and any minor or 
        dependent child; `broker' has the meaning set forth in section 
        3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C. 
        78c(a)(4)); and `investment adviser' includes any investment 
        adviser who, as determined under regulations prescribed by the 
        supervising ethics office, is generally involved in his role as 
        such an adviser in the management or control of trusts.
    ``(4)(A) An asset placed in a trust by an interested party shall be 
considered a financial interest of the reporting individual, for the 
purposes of any applicable conflict of interest statutes, regulations, 
or rules of the Federal Government (including section 208 of title 18, 
United States Code), until such time as the reporting individual is 
notified by the trustee that such asset has been disposed of, or has a 
value of less than $1,000.
    ``(B)(i) The provisions of subparagraph (A) shall not apply with 
respect to a trust created for the benefit of a reporting individual, 
or the spouse, dependent child, or minor child of such a person, if the 
Office of Government Ethics finds that--
            ``(I) the assets placed in the trust consist of a well-
        diversified portfolio of readily marketable securities;
            ``(II) none of the assets consist of securities of entities 
        having substantial activities in the area of the reporting 
        individual's primary area of responsibility;
            ``(III) the trust instrument prohibits the trustee, 
        notwithstanding the provisions of paragraph (3)(C) (iii) and 
        (iv), from making public or informing any interested party of 
        the sale of any securities;
            ``(IV) the trustee is given power of attorney, 
        notwithstanding the provisions of paragraph (3)(C)(v), to 
        prepare on behalf of any interested party the personal income 
        tax returns and similar returns which may contain information 
        relating to the trust; and
            ``(V) except as otherwise provided in this paragraph, the 
        trust instrument provides (or in the case of a trust which by 
        its terms does not permit amendment, the trustee, the reporting 
        individual, and any other interested party agree in writing) 
        that the trust shall be administered in accordance with the 
        requirements of this subsection and the trustee of such trust 
        meets the requirements of paragraph (3)(A).
    ``(ii) In any instance covered by subparagraph (B) in which the 
reporting individual is an individual whose nomination is being 
considered by a congressional committee, the reporting individual shall 
inform the congressional committee considering his nomination before or 
during the period of such individual's confirmation hearing of his 
intention to comply with this paragraph.
    ``(5)(A) The reporting individual shall, within 30 days after a 
qualified blind trust is approved by the Office of Government Ethics, 
file with such office a copy of--
            ``(i) the executed trust instrument of such trust (other 
        than those provisions which relate to the testamentary 
        disposition of the trust assets), and
            ``(ii) a list of the assets which were transferred to such 
        trust, including the category of value of each asset as 
        determined under subsection (d).
This subparagraph shall not apply with respect to a trust meeting the 
requirements for being considered a qualified blind trust under 
paragraph (7).
    ``(B) The reporting individual shall, within 30 days of 
transferring an asset (other than cash) to a previously established 
qualified blind trust, notify the Office of Government Ethics of the 
identity of each such asset and the category of value of each asset as 
determined under subsection (d) of this section.
    ``(C) Within 30 days of the dissolution of a qualified blind trust, 
a reporting individual shall notify the Office of Government Ethics of 
such dissolution.
    ``(D) Documents filed under subparagraphs (A), (B), and (C) and the 
lists provided by the trustee of assets placed in the trust by an 
interested party which have been sold shall be made available to the 
public in the same manner as a report is made available under section 
305 and the provisions of that section shall apply with respect to such 
documents and lists.
    ``(E) A copy of each written communication with respect to the 
trust under paragraph (3)(C)(vi) shall be filed by the person 
initiating the communication with the Office of Government Ethics 
within 5 days of the date of the communication.
    ``(6)(A) A trustee of a qualified blind trust shall not knowingly 
and willfully, or negligently, (i) disclose any information to an 
interested party with respect to such trust that may not be disclosed 
under paragraph (3); (ii) acquire any holding the ownership of which is 
prohibited by the trust instrument; (iii) solicit advice from any 
interested party with respect to such trust, which solicitation is 
prohibited by paragraph (3) or the trust agreement; or (iv) fail to 
file any document required by this subsection.
    ``(B) A reporting individual shall not knowingly and willfully, or 
negligently, (i) solicit or receive any information with respect to a 
qualified blind trust of which he is an interested party that may not 
be disclosed under paragraph (3)(C) or (ii) fail to file any document 
required by this subsection.
    ``(C)(i) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
knowingly and willfully violates the provisions of subparagraph (A) or 
(B). The court in which such action is brought may assess against such 
individual a civil penalty in any amount not to exceed $10,000.
    ``(ii) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
negligently violates the provisions of subparagraph (A) or (B). The 
court in which such action is brought may assess against such 
individual a civil penalty in any amount not to exceed $5,000.
    ``(7) Any trust may be considered to be a qualified blind trust 
if--
            ``(A) the trust instrument is amended to comply with the 
        requirements of paragraph (3) or, in the case of a trust 
        instrument which does not by its terms permit amendment, the 
        trustee, the reporting individual, and any other interested 
        party agree in writing that the trust shall be administered in 
        accordance with the requirements of this subsection and the 
        trustee of such trust meets the requirements of paragraph 
        (3)(A); except that in the case of any interested party who is 
        a dependent child, a parent or guardian of such child may 
        execute the agreement referred to in this subparagraph;
            ``(B) a copy of the trust instrument (except testamentary 
        provisions) and a copy of the agreement referred to in 
        subparagraph (A), and a list of the assets held by the trust at 
        the time of approval by the Office of Government Ethics, 
        including the category of value of each asset as determined 
        under subsection (d), are filed with such office and made 
        available to the public as provided under paragraph (5)(D); and
            ``(C) the Director of the Office of Government Ethics 
        determines that approval of the trust arrangement as a 
        qualified blind trust is in the particular case appropriate to 
        assure compliance with applicable laws and regulations.
    ``(8) A reporting individual shall not be required to report the 
financial interests held by a widely held investment fund (whether such 
fund is a mutual fund, regulated investment company, pension or 
deferred compensation plan, or other investment fund), if--
            ``(A)(i) the fund is publicly traded; or
            ``(ii) the assets of the fund are widely diversified; and
            ``(B) the reporting individual neither exercises control 
        over nor has the ability to exercise control over the financial 
        interests held by the fund.
    ``(9)(A)(i) A reporting individual described in subsection (a) or 
(b) of section 301 shall not be required to report the holdings or 
sources of income of any trust or investment fund where--
            ``(I) reporting would result in the disclosure of assets or 
        sources of income of another person whose interests are not 
        required to be reported by the reporting individual under this 
        title;
            ``(II) the disclosure of such assets and sources of income 
        is prohibited by contract or the assets and sources of income 
        are not otherwise publicly available; and
            ``(III) the reporting individual has executed a written 
        ethics agreement which contains a general description of the 
        trust or investment fund and a commitment to divest the 
        interest in the trust or investment fund not later than 90 days 
        after the date of the agreement.
    ``(ii) An agreement described under clause (i)(III) shall be 
attached to the public financial disclosure which would otherwise 
include a listing of the holdings or sources of income from this trust 
or investment fund.
    ``(B)(i) The provisions of subparagraph (A) shall apply to an 
individual described in subsection (c) or (d) of section 301 if--
            ``(I) the interest in the trust or investment fund is 
        acquired involuntarily during the period to be covered by the 
        report, such as through marriage or inheritance, and
            ``(II) for an individual described in subsection (c), the 
        individual executes a written ethics agreement containing a 
        commitment to divest the interest no later than 90 days after 
        the date on which the report is due.
    ``(ii) An agreement described under clause (i)(II) shall be 
attached to the public financial disclosure which would otherwise 
include a listing of the holdings or sources of income from this trust 
or investment fund.
    ``(iii) Failure to divest within the time specified or after an 
extension granted by the Director of the Office of Government Ethics 
for good cause shown shall result in an immediate requirement to report 
as specified in paragraph (1).
    ``(g) Political campaign funds, including campaign receipts and 
expenditures, need not be included in any report filed pursuant to this 
title.
    ``(h) A report filed pursuant to subsection (a), (c), or (d) of 
section 301 need not contain the information described in subparagraphs 
(A), (B), and (C) of subsection (a)(2) with respect to gifts and 
reimbursements received in a period when the reporting individual was 
not an officer or employee of the Federal Government.
    ``(i) A reporting individual shall not be required under this title 
to report--
            ``(1) financial interests in or income derived from--
                    ``(A) any retirement system under title 5, United 
                States Code (including the Thrift Savings Plan under 
                subchapter III of chapter 84 of such title); or
                    ``(B) any other retirement system maintained by the 
                United States for officers or employees of the United 
                States, including the President, or for members of the 
                uniformed services; or
            ``(2) benefits received under the Social Security Act (42 
        U.S.C. 301 et seq.).
    ``(j)(1) Every month, each designated agency ethics officer shall 
submit to the Office of Government Ethics notification of any waiver of 
criminal conflict of interest laws granted to any individual in the 
preceding month with respect to a filing under this title that is not 
confidential.
    ``(2) Every month, the Office of Government Ethics shall make 
publicly available on the Internet--
            ``(A) all notifications of waivers submitted under 
        paragraph (1) in the preceding month; and
            ``(B) notification of all waivers granted by the Office of 
        Government Ethics in the preceding month.
    ``(k) A full copy of any waiver of criminal conflict of interest 
laws granted shall be included with any filing required under this 
title with respect to the year in which the waiver is granted.
    ``(l) The Office of Government Ethics shall provide upon request 
any waiver on file for which notice has been published.

``SEC. 303. FILING OF REPORTS.

    ``(a) Except as otherwise provided in this section, the reports 
required under this title shall be filed by the reporting individual 
with the designated agency ethics official at the agency by which he is 
employed (or in the case of an individual described in section 301(d), 
was employed) or in which he will serve. The date any report is 
received (and the date of receipt of any supplemental report) shall be 
noted on such report by such official.
    ``(b) Reports required to be filed under this title by the Director 
of the Office of Government Ethics shall be filed in the Office of 
Government Ethics and, immediately after being filed, shall be made 
available to the public in accordance with this title.
    ``(c) Reports required of members of the uniformed services shall 
be filed with the Secretary concerned.
    ``(d) The Office of Government Ethics shall develop and make 
available forms for reporting the information required by this title.

``SEC. 304. FAILURE TO FILE OR FILING FALSE REPORTS.

    ``(a) The Attorney General may bring a civil action in any 
appropriate United States district court against any individual who 
knowingly and willfully falsifies or who knowingly and willfully fails 
to file or report any information that such individual is required to 
report pursuant to section 302. The court in which such action is 
brought may assess against such individual a civil penalty in any 
amount, not to exceed $10,000.
    ``(b) The head of each agency, each Secretary concerned, or the 
Director of the Office of Government Ethics, as the case may be, shall 
refer to the Attorney General the name of any individual which such 
official has reasonable cause to believe has willfully failed to file a 
report or has willfully falsified or willfully failed to file 
information required to be reported.
    ``(c) The President, the Vice President, the Secretary concerned, 
or the head of each agency may take any appropriate personnel or other 
action in accordance with applicable law or regulation against any 
individual failing to file a report or falsifying or failing to report 
information required to be reported.
    ``(d)(1) Any individual who files a report required to be filed 
under this title more than 30 days after the later of--
            ``(A) the date such report is required to be filed pursuant 
        to the provisions of this title and the rules and regulations 
        promulgated thereunder; or
            ``(B) if a filing extension is granted to such individual 
        under section 301(g), the last day of the filing extension 
        period, shall, at the direction of and pursuant to regulations 
        issued by the Office of Government Ethics, pay a filing fee of 
        $500. All such fees shall be deposited in the miscellaneous 
        receipts of the Treasury. The authority under this paragraph to 
        direct the payment of a filing fee may be delegated by the 
        Office of Government Ethics to other agencies in the executive 
        branch.
    ``(2) The Office of Government Ethics may waive the filing fee 
under this subsection for good cause shown.

``SEC. 305. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.

    ``Any report filed with or transmitted to an agency or the Office 
of Government Ethics pursuant to this title shall be retained by such 
agency or Office, as the case may be, for a period of 6 years after 
receipt of the report. After such 6-year period the report shall be 
destroyed unless needed in an ongoing investigation, except that in the 
case of an individual who filed the report pursuant to section 301(b) 
and was not subsequently confirmed by the Senate, such reports shall be 
destroyed 1 year after the individual is no longer under consideration 
by the Senate, unless needed in an ongoing investigation.

``SEC. 306. REVIEW OF REPORTS.

    ``(a) Each designated agency ethics official or Secretary concerned 
shall make provisions to ensure that each report filed with him under 
this title is reviewed within 60 days after the date of such filing, 
except that the Director of the Office of Government Ethics shall 
review only those reports required to be transmitted to him under this 
title within 60 days after the date of transmittal.
    ``(b)(1) If after reviewing any report under subsection (a), the 
Director of the Office of Government Ethics, the Secretary concerned, 
or the designated agency ethics official, as the case may be, is of the 
opinion that on the basis of information contained in such report the 
individual submitting such report is in compliance with applicable laws 
and regulations, he shall state such opinion on the report, and shall 
sign such report.
    ``(2) If the Director of the Office of Government Ethics, the 
Secretary concerned, or the designated agency ethics official after 
reviewing any report under subsection (a)--
            ``(A) believes additional information is required to be 
        submitted to complete the form or to perform a conflict of 
        interest analysis, he shall notify the individual submitting 
        such report what additional information is required and the 
        time by which it must be submitted, or
            ``(B) is of the opinion, on the basis of information 
        submitted, that the individual is not in compliance with 
        applicable laws and regulations, he shall notify the 
        individual, afford a reasonable opportunity for a written or 
        oral response, and after consideration of such response, reach 
        an opinion as to whether or not, on the basis of information 
        submitted, the individual is in compliance with such laws and 
        regulations.
    ``(3) If the Director of the Office of Government Ethics, the 
Secretary concerned, or the designated agency ethics official reaches 
an opinion under paragraph (2)(B) that an individual is not in 
compliance with applicable laws and regulations, the official shall 
notify the individual of that opinion and, after an opportunity for 
personal consultation (if practicable), determine and notify the 
individual of which steps, if any, would in the opinion of such 
official be appropriate for assuring compliance with such laws and 
regulations and the date by which such steps should be taken. Such 
steps may include, as appropriate--
            ``(A) divestiture,
            ``(B) restitution,
            ``(C) the establishment of a blind trust,
            ``(D) request for an exemption under section 208(b) of 
        title 18, United States Code, or
            ``(E) voluntary request for transfer, reassignment, 
        limitation of duties, or resignation.
The use of any such steps shall be in accordance with such rules or 
regulations as the Office of Government Ethics may prescribe.
    ``(4) If steps for assuring compliance with applicable laws and 
regulations are not taken by the date set under paragraph (3) by a 
member of the Foreign Service or the uniformed services, the Secretary 
concerned shall take appropriate action.
    ``(5) If steps for assuring compliance with applicable laws and 
regulations are not taken by the date set under paragraph (3) by any 
other officer or employee, the matter shall be referred to the head of 
the appropriate agency for appropriate action.
    ``(6) The Office of Government Ethics may render advisory opinions 
interpreting this title. Notwithstanding any other provision of law, 
the individual to whom a public advisory opinion is rendered in 
accordance with this paragraph, and any other individual covered by 
this title who is involved in a fact situation which is 
indistinguishable in all material aspects, and who acts in good faith 
in accordance with the provisions and findings of such advisory opinion 
shall not, as a result of such act, be subject to any penalty or 
sanction provided by this title.

``SEC. 307. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL REQUIREMENTS.

    ``(a)(1) The Office of Government Ethics may require officers and 
employees of the executive branch (including special Government 
employees as defined in section 202 of title 18, United States Code) to 
file confidential financial disclosure reports, in such form as it may 
prescribe. The information required to be reported under this 
subsection by the officers and employees of any department or agency 
listed in section 301(e) shall be set forth in rules or regulations 
prescribed by the Office of Government Ethics, and may be less 
extensive than otherwise required by this title, or more extensive when 
determined by the Office of Government Ethics to be necessary and 
appropriate in light of sections 202 through 209 of title 18, United 
States Code, regulations promulgated thereunder, or the authorized 
activities of such officers or employees. Any individual required to 
file a report pursuant to section 301 shall not be required to file a 
confidential report pursuant to this subsection, except with respect to 
information which is more extensive than information otherwise required 
by this title. Section 305 shall not apply with respect to any such 
report.
    ``(2) Any information required to be provided by an individual 
under this subsection shall be confidential and shall not be disclosed 
to the public.
    ``(3) Nothing in this subsection exempts any individual otherwise 
covered by the requirement to file a public financial disclosure report 
under this title from such requirement.
    ``(b) The provisions of this title requiring the reporting of 
information shall supersede any general requirement under any other 
provision of law or regulation with respect to the reporting of 
information required for purposes of preventing conflicts of interest 
or apparent conflicts of interest. Such provisions of this title shall 
not supersede the requirements of section 7342 of title 5, United 
States Code.
    ``(c) Nothing in this Act requiring reporting of information shall 
be deemed to authorize the receipt of income, gifts, or reimbursements; 
the holding of assets, liabilities, or positions; or the participation 
in transactions that are prohibited by law, Executive order, rule, or 
regulation.

``SEC. 308. AUTHORITY OF COMPTROLLER GENERAL.

    ``The Comptroller General shall have access to financial disclosure 
reports filed under this title for the purposes of carrying out his 
statutory responsibilities.

``SEC. 309. DEFINITIONS.

    ``For the purposes of this title--
            ``(1) the term `dependent child' means, when used with 
        respect to any reporting individual, any individual who is a 
        son, daughter, stepson, or stepdaughter and who--
                    ``(A) is unmarried and under age 21 and is living 
                in the household of such reporting individual; or
                    ``(B) is a dependent of such reporting individual 
                within the meaning of section 152 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 152);
            ``(2) the term `designated agency ethics official' means an 
        officer or employee who is designated to administer the 
        provisions of this title within an agency;
            ``(3) the term `executive branch' includes--
                    ``(A) each Executive agency (as defined in section 
                105 of title 5, United States Code), other than the 
                General Accounting Office; and
                    ``(B) any other entity or administrative unit in 
                the executive branch;
            ``(4) the term `gift' means a payment, advance, 
        forbearance, rendering, or deposit of money, or any thing of 
        value, unless consideration of equal or greater value is 
        received by the donor, but does not include--
                    ``(A) bequests and other forms of inheritance;
                    ``(B) suitable mementos of a function honoring the 
                reporting individual;
                    ``(C) food, lodging, transportation, and 
                entertainment provided by a foreign government within a 
                foreign country or by the United States Government, the 
                District of Columbia, or a State or local government or 
                political subdivision thereof;
                    ``(D) food and beverages which are not consumed in 
                connection with a gift of overnight lodging;
                    ``(E) communications to the offices of a reporting 
                individual, including subscriptions to newspapers and 
                periodicals; or
                    ``(F) items that are accepted pursuant to or are 
                required to be reported by the reporting individual 
                under section 7342 of title 5, United States Code.
            ``(5) the term `honorarium' means a payment of money or 
        anything of value for an appearance, speech, or article;
            ``(6) the term `income' means all income from whatever 
        source derived, including but not limited to the following 
        items: compensation for services, including fees, commissions, 
        and similar items; gross income derived from business (and net 
        income if the individual elects to include it); gains derived 
        from dealings in property; interest; rents; royalties; prizes 
        and awards; dividends; annuities; income from life insurance 
        and endowment contracts; pensions; income from discharge of 
        indebtedness; distributive share of partnership income; and 
        income from an interest in an estate or trust;
            ``(7) the term `personal hospitality of any individual' 
        means hospitality extended for a nonbusiness purpose by an 
        individual, not a corporation or organization, at the personal 
        residence of that individual or his family or on property or 
        facilities owned by that individual or his family;
            ``(8) the term `reimbursement' means any payment or other 
        thing of value received by the reporting individual, other than 
        gifts, to cover travel-related expenses of such individual 
        other than those which are--
                    ``(A) provided by the United States Government, the 
                District of Columbia, or a State or local government or 
                political subdivision thereof;
                    ``(B) required to be reported by the reporting 
                individual under section 7342 of title 5, United States 
                Code; or
                    ``(C) required to be reported under section 304 of 
                the Federal Election Campaign Act of 1971 (2 U.S.C. 
                434);
            ``(9) the term `relative' means an individual who is 
        related to the reporting individual, as father, mother, son, 
        daughter, brother, sister, uncle, aunt, great aunt, great 
        uncle, first cousin, nephew, niece, husband, wife, grandfather, 
        grandmother, grandson, granddaughter, father-in-law, mother-in-
        law, son-in-law, daughter-in-law, brother-in-law, sister-in-
        law, stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother, half sister, or who is 
        the grandfather or grandmother of the spouse of the reporting 
        individual, and shall be deemed to include the fiance or 
        fiancee of the reporting individual;
            ``(10) the term `Secretary concerned' has the meaning set 
        forth in section 101(a)(9) of title 10, United States Code; and
            ``(11) the term `value' means a good faith estimate of the 
        dollar value if the exact value is neither known nor easily 
        obtainable by the reporting individual.

``SEC. 310. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS AGREEMENTS.

    ``(a) In any case in which an individual agrees with that 
individual's designated agency ethics official, the Office of 
Government Ethics, or a Senate confirmation committee, to take any 
action to comply with this Act or any other law or regulation governing 
conflicts of interest of, or establishing standards of conduct 
applicable with respect to, officers or employees of the Government, 
that individual shall notify in writing the designated agency ethics 
official, the Office of Government Ethics, or the appropriate committee 
of the Senate, as the case may be, of any action taken by the 
individual pursuant to that agreement. Such notification shall be made 
not later than the date specified in the agreement by which action by 
the individual must be taken, or not later than 3 months after the date 
of the agreement, if no date for action is so specified. If all actions 
agreed to have not been completed by the date of this notification, 
such notification shall continue on a monthly basis thereafter until 
the individual has met the terms of the agreement.
    ``(b) If an agreement described in subsection (a) requires that the 
individual recuse himself or herself from particular categories of 
agency or other official action, the individual shall reduce to writing 
those subjects regarding which the recusal agreement will apply and the 
process by which it will be determined whether the individual must 
recuse himself or herself in a specific instance. An individual shall 
be considered to have complied with the requirements of subsection (a) 
with respect to such recusal agreement if such individual files a copy 
of the document setting forth the information described in the 
preceding sentence with such individual's designated agency ethics 
official or the Office of Government Ethics within the time prescribed 
in the penultimate sentence of subsection (a).

``SEC. 311. ADMINISTRATION OF PROVISIONS.

    ``The Office of Government Ethics shall issue regulations, develop 
forms, and provide such guidance as is necessary to implement and 
interpret this title.''.
    (b) Exemption From Public Access to Financial Disclosures.--Section 
105(a)(1) of such Act is amended by inserting ``the Office of the 
National Intelligence Director,'' before ``the Central Intelligence 
Agency''.
    (c) Conforming Amendment.--Section 101(f) of such Act is amended--
            (1) in paragraph (12), by striking the period at the end 
        and inserting a semicolon; and
            (2) by adding at the end the following:
``but do not include any officer or employee of any department or 
agency listed in section 301(e).''.

SEC. 5044. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE 
              CONFIRMATION.

    (a) Definition.--In this section, the term ``agency'' means an 
Executive agency, as defined under section 105 of title 5, United 
States Code.
    (b) Reduction Plan.--
            (1) 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--
                    (A) the President;
                    (B) the Committee on Governmental Affairs of the 
                Senate; and
                    (C) the Committee on Government Reform of the House 
                of Representatives.
            (2) Content.--The plan under this subsection shall provide 
        for the reduction of--
                    (A) 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
                    (B) the number of levels of such positions within 
                that agency.

SEC. 5045. EFFECTIVE DATES.

    (a) Section 5043.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by section 5043 shall take effect on January 1 of the year 
        following the year in which occurs the date of enactment of 
        this Act.
            (2) Later date.--If this Act is enacted on or after July 1 
        of a year, the amendments made by section 301 shall take effect 
        on July 1 of the following year.
    (b) Section 5044.--Section 5044 shall take effect on the date of 
enactment of this Act.

       CHAPTER 2--FEDERAL BUREAU OF INVESTIGATION REVITALIZATION

SEC. 5051. 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 authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.
    (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 authority to 
grant exemptions in accordance with the preceding sentence shall cease 
to be available after December 31, 2009.''.

SEC. 5052. RETENTION AND RELOCATION BONUSES.

    (a) In General.--Subchapter IV of chapter 57 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of 
              Investigation
    ``(a) Authority.--The Director of the Federal Bureau of 
Investigation, after consultation with the Director of the Office of 
Personnel Management, may pay, on a case-by-case basis, a bonus under 
this section to an employee of the Bureau if--
            ``(1)(A) the unusually high or unique qualifications of the 
        employee or a special need of the Bureau for the employee's 
        services makes it essential to retain the employee; and
            ``(B) the Director of the Federal Bureau of Investigation 
        determines that, in the absence of such a bonus, the employee 
        would be likely to leave--
                    ``(i) the Federal service; or
                    ``(ii) for a different position in the Federal 
                service; or
            ``(2) the individual is transferred to a different 
        geographic area with a higher cost of living (as determined by 
        the Director of the Federal Bureau of Investigation).
    ``(b) Service Agreement.--Payment of a bonus under this section is 
contingent upon the employee entering into a written service agreement 
with the Bureau to complete a period of service with the Bureau. Such 
agreement shall include--
            ``(1) the period of service the individual shall be 
        required to complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be 
        terminated before the agreed-upon service period has been 
        completed, and the effect of the termination.
    ``(c) Limitation on Authority.--A bonus paid under this section may 
not exceed 50 percent of the employee's basic pay.
    ``(d) Impact on Basic Pay.--A retention bonus is not part of the 
basic pay of an employee for any purpose.
    ``(e) Termination of Authority.--The authority to grant bonuses 
under this section shall cease to be available after December 31, 
2009.''.
    (b) Clerical Amendment.--The analysis for chapter 57 of title 5, 
United States Code, is amended by adding at the end the following:

``5759. Retention and relocation bonuses for the Federal Bureau of 
                            Investigation.''.

SEC. 5053. 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.''.
    (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. 5054. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF INVESTIGATION 
              INTELLIGENCE DIRECTORATE.

    Section 5377(a)(2) of title 5, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) a position at the Federal Bureau of 
                Investigation, the primary duties and responsibilities 
                of which relate to intelligence functions (as 
                determined by the Director of the Federal Bureau of 
                Investigation).''.

                    CHAPTER 3--MANAGEMENT AUTHORITY

SEC. 5061. MANAGEMENT AUTHORITY.

    (a) Management Authority.--Section 7103(b)(1)(A) of title 5, United 
States Code, is amended by adding ``homeland security,'' after 
``investigative,''.
    (b) Exclusionary Authority.--Section 842 of the Homeland Security 
Act (Public Law 107-296; 6 U.S.C. 412) is repealed.

              Subtitle E--Security Clearance Modernization

SEC. 5071. DEFINITIONS.

    In this subtitle:
            (1) The term ``Director'' means the National Intelligence 
        Director.
            (2) The term ``agency'' means--
                    (A) an executive agency, as defined in section 105 
                of title 5, United States Code;
                    (B) a military department, as defined in section 
                102 of title 5, United States Code; and
                    (C) elements of the intelligence community, as 
                defined in section 3(4) of the National Security Act of 
                1947 (50 U.S.C. 401a(4)).
            (3) The term ``authorized investigative agency'' means an 
        agency authorized by law, regulation or direction of the 
        Director 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.
            (4) The term ``authorized adjudicative agency'' means an 
        agency authorized by law, regulation or direction of the 
        Director to determine eligibility for access to classified 
        information in accordance with Executive Order 12968.
            (5) The term ``highly sensitive program'' means--
                    (A) a government program designated as a Special 
                Access Program (as defined by section 4.1(h) of 
                Executive Order 12958); and
                    (B) a government program that applies restrictions 
                required for--
                            (i) Restricted Data (as defined by 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''.
            (6) 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.
            (7) 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.
            (8) The term ``periodic reinvestigations'' means--
                    (A) investigations conducted for the purpose of 
                updating a previously completed background 
                investigation--
                            (i) every five years in the case of a Top 
                        Secret Clearance or access to a highly 
                        sensitive program;
                            (ii) every 10 years in the case of a Secret 
                        Clearance; and
                            (iii) every 15 years in the case of a 
                        Confidential Clearance;
                    (B) on-going investigations to identify personnel 
                security risks as they develop, pursuant to section 
                105(c).
            (9) The term ``appropriate committees of Congress'' means--
                    (A) the Permanent Select Committee on Intelligence 
                and the Committees on Armed Services, Judiciary, and 
                Government Reform of the House of Representatives; and
                    (B) the Select Committee on Intelligence and the 
                Committees on Armed Services, Judiciary, and 
                Governmental Affairs of the Senate.

SEC. 5072. SECURITY CLEARANCE AND INVESTIGATIVE PROGRAMS OVERSIGHT AND 
              ADMINISTRATION.

    The Deputy National Intelligence Director for Community Management 
and Resources shall have responsibility for the following:
            (1) Directing day-to-day oversight of investigations and 
        adjudications for personnel security clearances to highly 
        sensitive programs throughout the Federal 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 pursuant to section 5074(d).
            (4) Ensuring reciprocal recognition of access to classified 
        information among agencies, including acting as the final 
        authority to arbitrate and resolve disputes involving the 
        reciprocity of security clearances and access to highly 
        sensitive programs.
            (5) Ensuring, to the maximum extent practicable, that 
        sufficient resources are available in each agency to achieve 
        clearance and investigative program goals.
            (6) Reviewing and coordinating the development of tools and 
        techniques for enhancing the conduct of investigations and 
        granting of clearances.

SEC. 5073. RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETERMINATIONS.

    (a) Requirement for Reciprocity.--(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.
    (b) Prohibition on Establishing Additional Requirements.--(1) An 
authorized investigative agency or authorized adjudicative agency may 
not establish additional investigative or adjudicative requirements 
(other than requirements for the conduct of a polygraph examination) 
that exceed requirements specified in Executive Orders establishing 
security requirements for access to classified information.
    (2) Notwithstanding the paragraph (1), the Director may establish 
additional requirements as needed for national security purposes.
    (c) Prohibition on Duplicative Investigations.--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.

SEC. 5074. ESTABLISHMENT OF NATIONAL DATABASE .

    (a) Establishment.--Not later than 12 months after the date of the 
enactment of this Act, the Director of the Office of Personnel 
Management, in cooperation with the Director, shall establish, and 
begin operating and maintaining, an integrated, secure, national 
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.
    (b) Integration.--The national database established under 
subsection (a) shall function to integrate information from existing 
Federal clearance tracking systems from other authorized investigative 
and adjudicative agencies into a single consolidated database.
    (c) Requirement to Check Database.--Each authorized investigative 
or adjudicative agency shall check the national database established 
under subsection (a) 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.
    (d) Certification of Authorized Investigative Agencies or 
Authorized Adjudicative Agencies.--The Director shall evaluate the 
extent to which an agency is submitting information to, and requesting 
information from, the national database established under subsection 
(a) as part of a determination of whether to certify the agency as an 
authorized investigative agency or authorized adjudicative agency.
    (e) Exclusion of Certain Intelligence Operatives.--The Director may 
authorize an agency to withhold information about certain individuals 
from the database established under subsection (a) if the Director 
determines it is necessary for national security purposes.
    (f) Compliance.--The Director shall establish a review procedure by 
which agencies can seek review of actions required under section 5073.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for fiscal year 2005 and 
each subsequent fiscal year for the implementation, maintenance and 
operation of the database established in subsection (a).

SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEARANCE INVESTIGATIONS.

    (a) Investigations.--Not later than 12 months after the date of the 
enactment of this Act, each authorized investigative agency that 
conducts personnel security clearance investigations shall use, to the 
maximum extent practicable, available information technology and 
databases to expedite investigative processes and to verify standard 
information submitted as part of an application for a security 
clearance.
    (b) Interim Clearance.--If the application of an applicant for an 
interim clearance has been processed using the technology under 
subsection (a), the interim clearances for the applicant at the secret, 
top secret, and special access program levels may be granted before the 
completion of the appropriate investigation. Any request to process an 
interim clearance shall be given priority, and the authority granting 
the interim clearance shall ensure that final adjudication on the 
application is made within 90 days after the initial clearance is 
granted.
    (c) On-Going Monitoring of Individuals With Security Clearances.--
(1) Authorized investigative agencies and authorized adjudicative 
agencies shall establish procedures for the regular, ongoing 
verification of personnel with security clearances in effect for 
continued access to classified information. Such procedures shall 
include the use of available technology to detect, on a regularly 
recurring basis, any issues of concern that may arise involving such 
personnel and such access.
    (2) Such regularly recurring verification may be used as a basis 
for terminating a security clearance or access and shall be used in 
periodic reinvestigations to address emerging threats and adverse 
events associated with individuals with security clearances in effect 
to the maximum extent practicable.
    (3) If the Director certifies that the national security of the 
United States is not harmed by the discontinuation of periodic 
reinvestigations, the regularly recurring verification under this 
section may replace periodic reinvestigations.

SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS.

    (a) 60-Day Period for Determination on Clearances.--Each authorized 
adjudicative agency shall make a determination on an application for a 
personnel security clearance within 60 days after the date of receipt 
of the completed application for a security clearance by an authorized 
investigative agency. The 60-day period shall include--
            (1) a period of not longer than 40 days to complete the 
        investigative phase of the clearance review; and
            (2) a period of not longer than 20 days to complete the 
        adjudicative phase of the clearance review.
    (b) Effective Date and Phase-in.--
            (1) Effective date.--Subsection (a) shall take effect 5 
        years after the date of the enactment of this Act.
            (2) Phase-in.--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 subsection (a) takes effect 
        as specified in paragraph (1), each authorized adjudicative 
        agency shall make a determination on an application for a 
        personnel security clearance pursuant to this title within 120 
        days after the date of receipt of the application for a 
        security clearance by an authorized investigative agency. The 
        120-day period shall include--
                    (A) a period of not longer than 90 days to complete 
                the investigative phase of the clearance review; and
                    (B) a period of not longer than 30 days to complete 
                the adjudicative phase of the clearance review.

SEC. 5077. SECURITY CLEARANCES FOR PRESIDENTIAL TRANSITION.

    (a) Candidates for National Security Positions.--(1) The President-
elect shall submit to the Director the names of candidates for high-
level national security positions, for positions at the level of under 
secretary of executive departments and above, 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 Director shall be responsible for the expeditious 
completion of 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) Security Clearances for Transition Team Members.--(1) In this 
section, the term ``major party'' has the meaning provided under 
section 9002(6) of the Internal Revenue Code of 1986.
    (2) Each major party candidate for President, except a candidate 
who is the incumbent President, shall submit, before the date of the 
general presidential 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) 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 presidential election.

SEC. 5078. REPORTS.

    Not later than February 15, 2006, and annually thereafter through 
2016, the Director shall submit to the appropriate committees of 
Congress a report on the progress made during the preceding year toward 
meeting the requirements specified in this Act. The report shall 
include--
            (1) the periods of time required by the authorized 
        investigative agencies and authorized adjudicative agencies 
        during the year covered by the report 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;
            (2) a discussion of any impediments to the smooth and 
        timely functioning of the implementation of this title; and
            (3) such other information or recommendations as the Deputy 
        Director deems appropriate.

              Subtitle F--Emergency Financial Preparedness

SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.

    Subsection (d) of section 306 of title 31, United States Code, is 
amended by inserting ``or employee'' after ``another officer''.

SEC. 5082. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES AND 
              EXCHANGE COMMISSION.

    (a) Extension of Authority.--Paragraph (2) of section 12(k) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to 
read as follows:
            ``(2) Emergency orders.--(A) 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) An order of the Commission under this paragraph (2) 
        shall continue in effect for the period specified by the 
        Commission, and may be extended. Except as provided in 
        subparagraph (C), the Commission's action may not continue in 
        effect for more than 30 business days, including extensions.
            ``(C) An order of the Commission under this paragraph (2) 
        may be extended to continue in effect for more than 30 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 30 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 (2) continue in effect for more than 90 
        calendar days.
            ``(D) 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. In exercising its authority under this paragraph, 
        the Commission shall not be required to comply with the 
        provisions of section 553 of title 5, United States Code, or 
        with the provisions of section 19(c) of this title.
            ``(E) Notwithstanding the exclusion of exempted securities 
        (and markets therein) from the Commission's authority under 
        subparagraph (A), the Commission may use such authority to take 
        action to alter, supplement, suspend, or impose requirements or 
        restrictions with respect to clearing agencies for transactions 
        in such exempted securities. In taking any action under this 
        subparagraph, the Commission shall consult with and consider 
        the views of the Secretary of the Treasury.''.
    (b) Consultation; Definition of Emergency.--Section 12(k) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is further amended 
by striking paragraph (6) and inserting the following:
            ``(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, 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.--
                    ``(A) Emergency.--For purposes of this subsection, 
                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.
                    ``(B) Securities laws.--Notwithstanding section 
                3(a)(47), for purposes of this subsection, the term 
                `securities laws' does not include the Public Utility 
                Holding Company Act of 1935 (15 U.S.C. 79a et seq.).''.

SEC. 5083. 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 new subsection:
    ``(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 thereunder, 
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) of this title with respect to transactions in 
securities (other than exempted securities) or a market therein (or 
significant portion or segment of that market).''.

                       Subtitle G--Other Matters

                       CHAPTER 1--PRIVACY MATTERS

SEC. 5091. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION 
              IMPACTS ON INDIVIDUAL PRIVACY.

    (a) Short Title.--This section may be cited as the ``Federal Agency 
Protection of Privacy Act of 2004''.
    (b) In General.--Title 5, United States Code, is amended by adding 
after section 553 the following new section:
``Sec. 553a. Privacy impact assessment in rulemaking
    ``(a) Initial Privacy Impact Assessment.--
            ``(1) In general.--Whenever an agency is required by 
        section 553 of this title, or any other law, to publish a 
        general notice of proposed rulemaking for a proposed rule, or 
        publishes a notice of proposed rulemaking for an interpretative 
        rule involving the internal revenue laws of the United States, 
        and such rule or proposed rulemaking pertains to the 
        collection, maintenance, use, or disclosure of personally 
        identifiable information from 10 or more individuals, other 
        than agencies, instrumentalities, or employees of the Federal 
        government, the agency shall prepare and make available for 
        public comment an initial privacy impact assessment that 
        describes the impact of the proposed rule on the privacy of 
        individuals. Such assessment or a summary thereof shall be 
        signed by the senior agency official with primary 
        responsibility for privacy policy and be published in the 
        Federal Register at the time of the publication of a general 
        notice of proposed rulemaking for the rule.
            ``(2) Contents.--Each initial privacy impact assessment 
        required under this subsection shall contain the following:
                    ``(A) A description and analysis of the extent to 
                which the proposed rule will impact the privacy 
                interests of individuals, including the extent to which 
                the proposed rule--
                            ``(i) provides notice of the collection of 
                        personally identifiable information, and 
                        specifies what personally identifiable 
                        information is to be collected and how it is to 
                        be collected, maintained, used, and disclosed;
                            ``(ii) allows access to such information by 
                        the person to whom the personally identifiable 
                        information pertains and provides an 
                        opportunity to correct inaccuracies;
                            ``(iii) prevents such information, which is 
                        collected for one purpose, from being used for 
                        another purpose; and
                            ``(iv) provides security for such 
                        information.
                    ``(B) A description of any significant alternatives 
                to the proposed rule which accomplish the stated 
                objectives of applicable statutes and which minimize 
                any significant privacy impact of the proposed rule on 
                individuals.
    ``(b) Final Privacy Impact Assessment.--
            ``(1) In general.--Whenever an agency promulgates a final 
        rule under section 553 of this title, after being required by 
        that section or any other law to publish a general notice of 
        proposed rulemaking, or promulgates a final interpretative rule 
        involving the internal revenue laws of the United States, and 
        such rule or proposed rulemaking pertains to the collection, 
        maintenance, use, or disclosure of personally identifiable 
        information from 10 or more individuals, other than agencies, 
        instrumentalities, or employees of the Federal government, the 
        agency shall prepare a final privacy impact assessment, signed 
        by the senior agency official with primary responsibility for 
        privacy policy.
            ``(2) Contents.--Each final privacy impact assessment 
        required under this subsection shall contain the following:
                    ``(A) A description and analysis of the extent to 
                which the final rule will impact the privacy interests 
                of individuals, including the extent to which such 
                rule--
                            ``(i) provides notice of the collection of 
                        personally identifiable information, and 
                        specifies what personally identifiable 
                        information is to be collected and how it is to 
                        be collected, maintained, used, and disclosed;
                            ``(ii) allows access to such information by 
                        the person to whom the personally identifiable 
                        information pertains and provides an 
                        opportunity to correct inaccuracies;
                            ``(iii) prevents such information, which is 
                        collected for one purpose, from being used for 
                        another purpose; and
                            ``(iv) provides security for such 
                        information.
                    ``(B) A summary of any significant issues raised by 
                the public comments in response to the initial privacy 
                impact assessment, a summary of the analysis of the 
                agency of such issues, and a statement of any changes 
                made in such rule as a result of such issues.
                    ``(C) A description of the steps the agency has 
                taken to minimize the significant privacy impact on 
                individuals consistent with the stated objectives of 
                applicable statutes, including a statement of the 
                factual, policy, and legal reasons for selecting the 
                alternative adopted in the final rule and why each one 
                of the other significant alternatives to the rule 
                considered by the agency which affect the privacy 
                interests of individuals was rejected.
            ``(3) Availability to public.--The agency shall make copies 
        of the final privacy impact assessment available to members of 
        the public and shall publish in the Federal Register such 
        assessment or a summary thereof.
    ``(c) Waivers.--
            ``(1) Emergencies.--An agency head may waive or delay the 
        completion of some or all of the requirements of subsections 
        (a) and (b) to the same extent as the agency head may, under 
        section 608, waive or delay the completion of some or all of 
        the requirements of sections 603 and 604, respectively.
            ``(2) National security.--An agency head may, for national 
        security reasons, or to protect from disclosure classified 
        information, confidential commercial information, or 
        information the disclosure of which may adversely affect a law 
        enforcement effort, waive or delay the completion of some or 
        all of the following requirements:
                    ``(A) The requirement of subsection (a)(1) to make 
                an assessment available for public comment.
                    ``(B) The requirement of subsection (a)(1) to have 
                an assessment or summary thereof published in the 
                Federal Register.
                    ``(C) The requirements of subsection (b)(3).
    ``(d) Procedures for Gathering Comments.--When any rule is 
promulgated which may have a significant privacy impact on individuals, 
or a privacy impact on a substantial number of individuals, the head of 
the agency promulgating the rule or the official of the agency with 
statutory responsibility for the promulgation of the rule shall assure 
that individuals have been given an opportunity to participate in the 
rulemaking for the rule through techniques such as--
            ``(1) the inclusion in an advance notice of proposed 
        rulemaking, if issued, of a statement that the proposed rule 
        may have a significant privacy impact on individuals, or a 
        privacy impact on a substantial number of individuals;
            ``(2) the publication of a general notice of proposed 
        rulemaking in publications of national circulation likely to be 
        obtained by individuals;
            ``(3) the direct notification of interested individuals;
            ``(4) the conduct of open conferences or public hearings 
        concerning the rule for individuals, including soliciting and 
        receiving comments over computer networks; and
            ``(5) the adoption or modification of agency procedural 
        rules to reduce the cost or complexity of participation in the 
        rulemaking by individuals.
    ``(e) Periodic Review of Rules.--
            ``(1) In general.--Each agency shall carry out a periodic 
        review of the rules promulgated by the agency that have a 
        significant privacy impact on individuals, or a privacy impact 
        on a substantial number of individuals. Under such periodic 
        review, the agency shall determine, for each such rule, whether 
        the rule can be amended or rescinded in a manner that minimizes 
        any such impact while remaining in accordance with applicable 
        statutes. For each such determination, the agency shall 
        consider the following factors:
                    ``(A) The continued need for the rule.
                    ``(B) The nature of complaints or comments received 
                from the public concerning the rule.
                    ``(C) The complexity of the rule.
                    ``(D) The extent to which the rule overlaps, 
                duplicates, or conflicts with other Federal rules, and, 
                to the extent feasible, with State and local 
                governmental rules.
                    ``(E) The length of time since the rule was last 
                reviewed under this subsection.
                    ``(F) The degree to which technology, economic 
                conditions, or other factors have changed in the area 
                affected by the rule since the rule was last reviewed 
                under this subsection.
            ``(2) Plan required.--Each agency shall carry out the 
        periodic review required by paragraph (1) in accordance with a 
        plan published by such agency in the Federal Register. Each 
        such plan shall provide for the review under this subsection of 
        each rule promulgated by the agency not later than 10 years 
        after the date on which such rule was published as the final 
        rule and, thereafter, not later than 10 years after the date on 
        which such rule was last reviewed under this subsection. The 
        agency may amend such plan at any time by publishing the 
        revision in the Federal Register.
            ``(3) Annual publication.--Each year, each agency shall 
        publish in the Federal Register a list of the rules to be 
        reviewed by such agency under this subsection during the 
        following year. The list shall include a brief description of 
        each such rule and the need for and legal basis of such rule 
        and shall invite public comment upon the determination to be 
        made under this subsection with respect to such rule.
    ``(f) Judicial Review.--
            ``(1) In general.--For any rule subject to this section, an 
        individual who is adversely affected or aggrieved by final 
        agency action is entitled to judicial review of agency 
        compliance with the requirements of subsections (b) and (c) in 
        accordance with chapter 7. Agency compliance with subsection 
        (d) shall be judicially reviewable in connection with judicial 
        review of subsection (b).
            ``(2) Jurisdiction.--Each court having jurisdiction to 
        review such rule for compliance with section 553, or under any 
        other provision of law, shall have jurisdiction to review any 
        claims of noncompliance with subsections (b) and (c) in 
        accordance with chapter 7. Agency compliance with subsection 
        (d) shall be judicially reviewable in connection with judicial 
        review of subsection (b).
            ``(3) Limitations.--
                    ``(A) An individual may seek such review during the 
                period beginning on the date of final agency action and 
                ending 1 year later, except that where a provision of 
                law requires that an action challenging a final agency 
                action be commenced before the expiration of 1 year, 
                such lesser period shall apply to an action for 
                judicial review under this subsection.
                    ``(B) In the case where an agency delays the 
                issuance of a final privacy impact assessment pursuant 
                to subsection (c), an action for judicial review under 
                this section shall be filed not later than--
                            ``(i) 1 year after the date the assessment 
                        is made available to the public; or
                            ``(ii) where a provision of law requires 
                        that an action challenging a final agency 
                        regulation be commenced before the expiration 
                        of the 1-year period, the number of days 
                        specified in such provision of law that is 
                        after the date the assessment is made available 
                        to the public.
            ``(4) Relief.--In granting any relief in an action under 
        this subsection, the court shall order the agency to take 
        corrective action consistent with this section and chapter 7, 
        including, but not limited to--
                    ``(A) remanding the rule to the agency; and
                    ``(B) deferring the enforcement of the rule against 
                individuals, unless the court finds that continued 
                enforcement of the rule is in the public interest.
            ``(5) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of any court to stay 
        the effective date of any rule or provision thereof under any 
        other provision of law or to grant any other relief in addition 
        to the requirements of this subsection.
            ``(6) Record of agency action.--In an action for the 
        judicial review of a rule, the privacy impact assessment for 
        such rule, including an assessment prepared or corrected 
        pursuant to paragraph (4), shall constitute part of the entire 
        record of agency action in connection with such review.
            ``(7) Exclusivity.--Compliance or noncompliance by an 
        agency with the provisions of this section shall be subject to 
        judicial review only in accordance with this subsection.
            ``(8) Savings clause.--Nothing in this subsection bars 
        judicial review of any other impact statement or similar 
        assessment required by any other law if judicial review of such 
        statement or assessment is otherwise permitted by law.
    ``(g) Definition.--For purposes of this section, the term 
`personally identifiable information' means information that can be 
used to identify an individual, including such individual's name, 
address, telephone number, photograph, social security number or other 
identifying information. It includes information about such 
individual's medical or financial condition.''.
    (c) Periodic Review Transition Provisions.--
            (1) Initial plan.--For each agency, the plan required by 
        subsection (e) of section 553a of title 5, United States Code 
        (as added by subsection (a)), shall be published not later than 
        180 days after the date of the enactment of this Act.
            (2) In the case of a rule promulgated by an agency before 
        the date of the enactment of this Act, such plan shall provide 
        for the periodic review of such rule before the expiration of 
        the 10-year period beginning on the date of the enactment of 
        this Act. For any such rule, the head of the agency may provide 
        for a 1-year extension of such period if the head of the 
        agency, before the expiration of the period, certifies in a 
        statement published in the Federal Register that reviewing such 
        rule before the expiration of the period is not feasible. The 
        head of the agency may provide for additional 1-year extensions 
        of the period pursuant to the preceding sentence, but in no 
        event may the period exceed 15 years.
    (d) Congressional Review.--Section 801(a)(1)(B) of title 5, United 
States Code, is amended--
            (1) by redesignating clauses (iii) and (iv) as clauses (iv) 
        and (v), respectively; and
            (2) by inserting after clause (ii) the following new 
        clause:
            ``(iii) the agency's actions relevant to section 553a;''.
    (e) Clerical Amendment.--The table of sections at the beginning of 
chapter 5 of title 5, United States Code, is amended by adding after 
the item relating to section 553 the following new item:

``553a. Privacy impact assessment in rulemaking.''.

SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH LAW ENFORCEMENT OR 
              ANTI-TERRORISM FUNCTIONS.

    (a) In General.--There shall be within each Federal agency with law 
enforcement or anti-terrorism functions a chief privacy officer, who 
shall have primary responsibility within that agency for privacy 
policy. The agency chief privacy officer shall be designated by the 
head of the agency.
    (b) Responsibilities.--The responsibilities of each agency chief 
privacy officer shall include--
            (1) ensuring that the use of technologies sustains, and 
        does not erode, privacy protections relating to the use, 
        collection, and disclosure of personally identifiable 
        information;
            (2) ensuring that personally identifiable information 
        contained in systems of records is handled in full compliance 
        with fair information practices as set out in section 552a of 
        title 5, United States Code;
            (3) evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personally 
        identifiable information by the Federal Government;
            (4) conducting a privacy impact assessment of proposed 
        rules of the agency on the privacy of personally identifiable 
        information, including the type of personally identifiable 
        information collected and the number of people affected;
            (5) preparing and submitting a report to Congress on an 
        annual basis on activities of the agency that affect privacy, 
        including complaints of privacy violations, implementation of 
        section 552a of title 5, United States Code, internal controls, 
        and other relevant matters;
            (6) ensuring that the agency protects personally 
        identifiable information and information systems from 
        unauthorized access, use, disclosure, disruption, modification, 
        or destruction in order to provide--
                    (A) integrity, which means guarding against 
                improper information modification or destruction, and 
                includes ensuring information nonrepudiation and 
                authenticity;
                    (B) confidentially, which means preserving 
                authorized restrictions on access and disclosure, 
                including means for protecting personal privacy and 
                proprietary information;
                    (C) availability, which means ensuring timely and 
                reliable access to and use of that information; and
                    (D) authentication, which means utilizing digital 
                credentials to assure the identity of users and 
                validate their access; and
            (7) advising the head of the agency and the Director of the 
        Office of Management and Budget on information security and 
        privacy issues pertaining to Federal Government information 
        systems.

            CHAPTER 2--MUTUAL AID AND LITIGATION MANAGEMENT

SEC. 5101. SHORT TITLE.

    This chapter may be cited as the ``Mutual Aid and Litigation 
Management Authorization Act of 2004''.

SEC. 5102. MUTUAL AID AUTHORIZED.

    (a) Authorization to Enter Into Agreements.--
            (1) In general.--The authorized representative of a State, 
        locality, or the Federal Government may enter into an 
        interstate mutual aid agreement or a mutual aid agreement with 
        the Federal Government on behalf of the State, locality, or 
        Federal Government under which, at the request of any party to 
        the agreement, the other party to the agreement may--
                    (A) provide 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 occurring in the jurisdiction of the 
                requesting party;
                    (B) provide other services to prepare for, 
                mitigate, manage, respond to, or recover from an 
                emergency or public service event occurring in the 
                jurisdiction of the requesting party; and
                    (C) participate in training events occurring in the 
                jurisdiction of the requesting party.
    (b) Liability and Actions at Law.--
            (1) Liability.--A responding party or its officers or 
        employees shall be liable on account of any act or omission 
        occurring while providing assistance or participating in a 
        training event in the jurisdiction of a requesting party under 
        a mutual aid agreement (including any act or omission arising 
        from the maintenance or use of any equipment, facilities, or 
        supplies in connection therewith), but only to the extent 
        permitted under and in accordance with the laws and procedures 
        of the State of the responding party and subject to this 
        chapter.
            (2) Jurisdiction of courts.--
                    (A) In general.--Subject to subparagraph (B) and 
                section 3, any action brought against a responding 
                party or its officers or employees on account of an act 
                or omission described in subsection (b)(1) may be 
                brought only under the laws and procedures of the State 
                of the responding party and only in the State courts or 
                United States District Courts located therein.
                    (B) United states as party.--If the United States 
                is the party against whom an action described in 
                paragraph (1) is brought, the action may be brought 
                only in a United States District Court.
    (c) Workers' Compensation and Death Benefits.--
            (1) Payment of benefits.--A responding party shall provide 
        for the payment of workers' compensation and death benefits 
        with respect to officers or employees of the party who sustain 
        injuries or are killed while providing assistance or 
        participating in a training event under a mutual aid agreement 
        in the same manner and on the same terms as if the injury or 
        death were sustained within the jurisdiction of the responding 
        party.
            (2) Liability for benefits.--No party shall be liable under 
        the law of any State other than its own (or, in the case of the 
        Federal Government, under any law other than Federal law) for 
        the payment of workers' compensation and death benefits with 
        respect to injured officers or employees of the party who 
        sustain injuries or are killed while providing assistance or 
        participating in a training event under a mutual aid agreement.
    (d) Licenses and Permits.--Whenever 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, such person will be deemed licensed, certified, or permitted by 
the requesting party to provide assistance involving such skill under a 
mutual aid agreement.
    (e) Scope.--Except to the extent provided in this section, the 
rights and responsibilities of the parties to a mutual aid agreement 
shall be as described in the mutual aid agreement.
    (f) Effect on Other Agreements.--Nothing in this section precludes 
any party from entering into supplementary mutual aid agreements with 
fewer than all the parties, or with another, or affects any other 
agreements already in force among any parties to such an agreement, 
including the Emergency Management Assistance Compact (EMAC) under 
Public Law 104-321.
    (g) Federal Government.--Nothing in this section may be construed 
to limit any other expressed or implied authority of any entity of the 
Federal Government to enter into mutual aid agreements.
    (h) Consistency With State Law.--A party may enter into a mutual 
aid agreement under this chapter only insofar as the agreement is in 
accord with State law.

SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS.

    (a) Authorization to Enter Into Litigation Management Agreements.--
The authorized representative of a State or locality may enter into a 
litigation management agreement on behalf of the State or locality. 
Such litigation management agreements may provide that all claims 
against such Emergency Response Providers arising out of, relating to, 
or resulting from an act of terrorism when Emergency Response Providers 
from more than 1 State have acted in defense against, in response to, 
or recovery from such act shall be governed by the following 
provisions.
    (b) Federal Cause of Action.--
            (1) In general.--There shall exist a Federal cause of 
        action for claims against Emergency Response Providers arising 
        out of, relating to, or resulting from an act of terrorism when 
        Emergency Response Providers from more than 1 State have acted 
        in defense against, in response to, or recovery from such act. 
        As determined by the parties to a litigation management 
        agreement, the substantive law for decision in any such action 
        shall be--
                    (A) derived from the law, including choice of law 
                principles, of the State in which such acts of 
                terrorism occurred, unless such law is inconsistent 
                with or preempted by Federal law; or
                    (B) derived from the choice of law principles 
                agreed to by the parties to a litigation management 
                agreement as described in the litigation management 
                agreement, unless such principles are inconsistent with 
                or preempted by Federal law.
            (2) Jurisdiction.--Such appropriate district court of the 
        United States shall have original and exclusive jurisdiction 
        over all actions for any claim against Emergency Response 
        Providers for loss of property, personal injury, or death 
        arising out of, relating to, or resulting from an act of 
        terrorism when Emergency Response Providers from more than 1 
        State have acted in defense against, in response to, or 
        recovery from an act of terrorism.
            (3) Special rules.--In an action brought for damages that 
        is governed by a litigation management agreement, the following 
        provisions apply:
                    (A) Punitive damages.--No punitive damages intended 
                to punish or deter, exemplary damages, or other damages 
                not intended to compensate a plaintiff for actual 
                losses may be awarded, nor shall any party be liable 
                for interest prior to the judgment.
                    (B) Collateral sources.--Any recovery by a 
                plaintiff in an action governed by a litigation 
                management agreement shall be reduced by the amount of 
                collateral source compensation, if any, that the 
                plaintiff has received or is entitled to receive as a 
                result of such acts of terrorism.
            (4) Exclusions.--Nothing in this section shall in any way 
        limit the ability of any person to seek any form of recovery 
        from any person, government, or other entity that--
                    (A) attempts to commit, knowingly participates in, 
                aids and abets, or commits any act of terrorism, or any 
                criminal act related to or resulting from such act of 
                terrorism; or
                    (B) participates in a conspiracy to commit any such 
                act of terrorism or any such criminal act.

SEC. 5104. ADDITIONAL PROVISIONS.

    (a) No Abrogation of Other Immunities.--Nothing in this chapter 
shall abrogate any other immunities from liability that any party may 
have under any other State or Federal law.
    (b) Exception for Certain Federal Law Enforcement Activities.--A 
mutual aid agreement or a litigation management agreement may not apply 
to law enforcement security operations at special events of national 
significance under section 3056(e) of title 18, United States Code, or 
to other law enforcement functions of the United States Secret Service.
    (c) Secret Service.--Section 3056 of title 18, United States Code, 
is amended by adding at the end the following new subsection:
    ``(g) The Secret Service shall be maintained as a distinct entity 
within the Department of Homeland Security and shall not be merged with 
any other department function. All personnel and operational elements 
of the United States Secret Service shall report to the Director of the 
Secret Service, who shall report directly to the Secretary of Homeland 
Security without being required to report through any other official of 
the Department.''.

SEC. 5105. DEFINITIONS.

    For purposes of this chapter, the following definitions apply:
            (1) Authorized representative.--The term ``authorized 
        representative'' means--
                    (A) in the case of the Federal Government, any 
                individual designated by the President with respect to 
                the executive branch, the Chief Justice of the United 
                States with respect to the judicial branch, or the 
                President pro Tempore of the Senate and Speaker of the 
                House of Representatives with respect to the Congress, 
                or their designees, to enter into a mutual aid 
                agreement;
                    (B) in the case of a locality, the official 
                designated by law to declare an emergency in and for 
                the locality, or the official's designee;
                    (C) in the case of a State, the Governor or the 
                Governor's designee.
            (2) Emergency.--The term ``emergency'' means a major 
        disaster or emergency declared by the President, or a State of 
        Emergency declared by an authorized representative of a State 
        or locality, in response to which assistance may be provided 
        under a mutual aid agreement.
            (3) Emergency response provider.--The term ``Emergency 
        Response Provider'' means State or local emergency public 
        safety, law enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities that are a party to a 
        litigation management agreement.
            (4) Employee.--The term ``employee'' means, with respect to 
        a party to a mutual aid agreement, the employees of the party, 
        including its agents or authorized volunteers, who are 
        committed to provide assistance under the agreement.
            (5) Litigation management agreement.--The term ``litigation 
        management agreement'' means an agreement entered into pursuant 
        to the authority granted under section 5103.
            (6) Locality.--The term ``locality'' means a county, city, 
        or town.
            (7) Mutual aid agreement.--The term ``mutual aid 
        agreement'' means an agreement entered into pursuant to the 
        authority granted under section 5102.
            (8) Public service event.--The term ``public service 
        event'' means any undeclared emergency, incident, or situation 
        in preparation for or response to which assistance may be 
        provided under a mutual aid agreement.
            (9) Requesting party.--The term ``requesting party'' means, 
        with respect to a mutual aid agreement, the party in whose 
        jurisdiction assistance is provided, or a training event is 
        held, under the agreement.
            (10) Responding party.--The term ``responding party'' 
        means, with respect to a mutual aid agreement, the party 
        providing assistance, or participating in a training event, 
        under the agreement, but does not include the requesting party.
            (11) State.--The term ``State'' includes each of the 
        several States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
        American Samoa, and the Commonwealth of the Northern Mariana 
        Islands, and any other territory or possession of the United 
        States, and any political subdivision of any such place.
            (12) Training event.--The term ``training event'' means an 
        emergency and public service event-related exercise, test, or 
        other activity using equipment and personnel to prepare for or 
        simulate performance of any aspect of the giving or receiving 
        of assistance during emergencies or public service events, but 
        does not include an actual emergency or public service event.

                    CHAPTER 3--MISCELLANEOUS MATTERS

SEC. 5131. 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;
                    (E) encourage the development and implementation of 
                flexible and open architectures, 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 towards 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 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 subsection (c) (relating to 
                        rapid interoperable communications capabilities 
                        for high risk jurisdictions).
            (3) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to advisory groups established and maintained by the Secretary 
        for purposes of carrying out this subsection.
    (b) Report.--Not later than 120 days after the date of the 
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) Rapid Interoperable Communications Capabilities for High Risk 
Jurisdictions.--The Secretary, in consultation with other relevant 
Federal, State, and local government agencies, shall provide technical, 
training, and other assistance as appropriate to support the rapid 
establishment of consistent, secure, and effective interoperable 
communications capabilities for emergency response providers in 
jurisdictions determined by the Secretary to be at consistently high 
levels of risk of terrorist attack.
    (d) 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)
    (e) 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.''.

SEC. 5132. SENSE OF CONGRESS REGARDING THE INCIDENT COMMAND SYSTEM.

    (a) Findings.--The Congress finds that--
            (1) 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;
            (2) in March 2004, the Secretary of Homeland Security 
        established NIMS, which provides a unified structural framework 
        for Federal, State, territorial, tribal, and local governments 
        to ensure coordination of command, operations, planning, 
        logistics, finance, and administration during emergencies 
        involving multiple jurisdictions or agencies; and
            (3) the National Commission on Terrorist Attacks Upon the 
        United States strongly supports the adoption of NIMS by 
        emergency response agencies nationwide, and the decision by the 
        President to condition Federal emergency preparedness 
        assistance upon the adoption of NIMS.
    (b) Sense of Congress.--It is the sense of the Congress that all 
levels of government should adopt NIMS, and that the regular use of and 
training in NIMS by States, territories, tribes, and local governments 
should be a condition for receiving Federal preparedness assistance.

SEC. 5133. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND 
              PLANS AND STRATEGIES.

    It is the sense of Congress that the Secretary of Defense should 
regularly assess the adequacy of United States Northern Command's plans 
and strategies 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.




                                                 Union Calendar No. 453

108th CONGRESS

  2d Session

                                H. R. 10

           [Report No. 108-724, Parts I, II, III, IV, and V]

_______________________________________________________________________

                                 A BILL

    To provide for reform of the intelligence community, terrorism 
    prevention and prosecution, border security, and international 
         cooperation and coordination, and for other purposes.

_______________________________________________________________________

                            October 4, 2004

 Reported from the Permanent Select Committee on Intelligence with an 
     amendment; Reported from the Committee on Armed Services with 
 amendments; Reported from the Committee on Financial Services with an 
 amendment; Referral to the Committees on Education and the Workforce, 
 Energy and Commerce, Government Reform, International Relations, the 
Judiciary, Rules, Science, Transportation and Infrastructure, Ways and 
  Means, and the Select Committee on Homeland Security extended for a 
              period ending not later than October 5, 2004

                            October 5, 2004

  Reported from the Committee on Government Reform with an amendment; 
    Reported from the Committee on the Judiciary with an amendment; 
    Committees on Education and the Workforce, Energy and Commerce, 
      International Relations, Rules, Science, Transportation and 
 Infrastructure, Ways and Means, and the Select Committee on Homeland 
 Security discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed