[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5223 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 5223

     To reform the intelligence community and the intelligence and 
 intelligence-related activities of the United States Government, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2004

Mr. Shays (for himself and Mrs. Maloney) introduced the following bill; 
 which was referred to the Select Committee on Intelligence (Permanent 
     Select), and in addition to the Committees on Armed Services, 
   International Relations, Government Reform, the Judiciary, Rules, 
Transportation and Infrastructure, Energy and Commerce, 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

_______________________________________________________________________

                                 A BILL


 
     To reform the intelligence community and the intelligence and 
 intelligence-related activities of the United States Government, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Intelligence Reform Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                TITLE I--NATIONAL INTELLIGENCE AUTHORITY

              Subtitle A--National Intelligence Authority

Sec. 101. National Intelligence Authority.
Sec. 102. National Intelligence Director.
 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

Sec. 111. Provision of national intelligence.
Sec. 112. Responsibilities of National Intelligence Director.
Sec. 113. Authorities of National Intelligence Director.
Sec. 114. Enhanced personnel management.
Sec. 115. Security clearances.
Sec. 116. National Intelligence Reserve Corps.
Sec. 117. Appointment and termination of certain officials responsible 
                            for intelligence-related activities.
Sec. 118. Reserve for Contingencies of the National Intelligence 
                            Director.
        Subtitle C--Office of the National Intelligence Director

Sec. 121. Office of the National Intelligence Director.
Sec. 122. Deputy national intelligence directors.
Sec. 123. National Intelligence Council.
Sec. 124. General Counsel of the National Intelligence Authority.
Sec. 125. Intelligence Comptroller.
Sec. 126. Officer for Civil Rights and Civil Liberties of the National 
                            Intelligence Authority.
Sec. 127. Privacy Officer of the National Intelligence Authority.
Sec. 128. Chief Information Officer of the National Intelligence 
                            Authority.
Sec. 129. Chief Human Capital Officer of the National Intelligence 
                            Authority.
Sec. 130. Chief Financial Officer of the National Intelligence 
                            Authority.
Sec. 131. National Counterintelligence Executive.
   Subtitle D--Additional Elements of National Intelligence Authority

Sec. 141. Inspector General of the National Intelligence Authority.
Sec. 142. Ombudsman of the National Intelligence Authority.
Sec. 143. National Counterterrorism Center.
Sec. 144. National intelligence centers.
 Subtitle E--Education and Training of Intelligence Community Personnel

Sec. 151. Framework for cross-disciplinary education and training.
Sec. 152. Intelligence Community Scholarship Program.
 Subtitle F--Additional Authorities of National Intelligence Authority

Sec. 161. Use of appropriated funds.
Sec. 162. Acquisition and fiscal authorities.
Sec. 163. Personnel matters.
Sec. 164. Ethics matters.
                     TITLE II--INFORMATION SHARING

Sec. 201. Information sharing.
                    TITLE III--CONGRESSIONAL REFORM

Sec. 301. Findings.
Sec. 302. Reorganization of congressional jurisdiction.
                   TITLE IV--PRESIDENTIAL TRANSITION

Sec. 401. Presidential transition. 
 TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE 
                            WAR ON TERRORISM

Sec. 501. Report on terrorist sanctuaries.
Sec. 502. Role of Pakistan in countering terrorism.
Sec. 503. Aid to Afghanistan.
Sec. 504. The United States-Saudi Arabia relationship.
Sec. 505. Efforts to combat Islamic terrorism by engaging in the 
                            struggle of ideas in the Islamic world.
Sec. 506. United States policy toward dictatorships.
Sec. 507. Promotion of United States values through broadcast media.
Sec. 508. Use of United States scholarship and exchange programs in the 
                            Islamic world.
Sec. 509. International Youth Opportunity Fund.
Sec. 510. Report on the use of economic policies to combat terrorism.
Sec. 511. Middle East Partnership Initiative.
Sec. 512. Comprehensive coalition strategy for fighting terrorism.
Sec. 513. Detention and humane treatment of captured terrorists. 
Sec. 514. Proliferation of weapons of mass destruction.
Sec. 515. Financing of terrorism.
           TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING

Sec. 601. Counterterrorist travel intelligence.
Sec. 602. Integrated screening system.
Sec. 603. Biometric entry and exit data system.
Sec. 604. Travel documents.
Sec. 605. Exchange of terrorist information.
Sec. 606. Minimum standards for identification-related documents.
                   TITLE VII--TRANSPORTATION SECURITY

Sec. 701. Definitions.
Sec. 702. National Strategy for Transportation Security.
Sec. 703. Use of watchlists for passenger air transportation screening.
Sec. 704. Enhanced passenger and cargo screening.
                   TITLE VIII--NATIONAL PREPAREDNESS

Sec. 801. Homeland security assistance.
Sec. 802. The incident command system.
Sec. 803. National Capital Region Mutual Aid.
Sec. 804. Assignment of spectrum for public safety.
Sec. 805. Urban area communications capabilities.
Sec. 806. Private sector preparedness.
Sec. 807. Critical infrastructure and readiness assessments.
Sec. 808. Report on Northern Command and defense of the United States 
                            homeland.
                TITLE IX--PROTECTION OF CIVIL LIBERTIES

Sec. 901. Privacy and Civil Liberties Oversight Board.
Sec. 902. Privacy and Civil Liberties Officers.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``intelligence'' includes foreign intelligence 
        and counterintelligence.
            (2) The term ``foreign intelligence'' means information 
        relating to the capabilities, intentions, or activities of 
        foreign governments or elements thereof, foreign organizations, 
        foreign persons, or international terrorists.
            (3) The term ``counterintelligence'' means information 
        gathered, and activities conducted, to protect against 
        espionage, other intelligence activities, sabotage, or 
        assassinations conducted by or on behalf of foreign governments 
        or elements thereof, foreign organizations, foreign persons, or 
        international terrorists.
            (4) The term ``intelligence community'' includes the 
        following:
                    (A) The National Intelligence Authority.
                    (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 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.
            (5) The terms ``national intelligence'' and ``intelligence 
        related to the national security''--
                    (A) each refer to intelligence which pertains to 
                the interests of more than one department or agency of 
                the Government; and
                    (B) do not refer to counterintelligence or law 
                enforcement activities conducted by the Federal Bureau 
                of Investigation except to the extent provided for in 
                procedures agreed to by the National Intelligence 
                Director and the Attorney General, or otherwise as 
                expressly provided for in this title.
            (6) The term ``National Intelligence Program''--
                    (A)(i) refers to all national intelligence 
                programs, projects, and activities of the elements of 
                the intelligence community;
                    (ii) includes all programs, projects, and 
                activities (whether or not pertaining to national 
                intelligence) of the National Intelligence Authority, 
                the Central Intelligence Agency, the National Security 
                Agency, the National Geospatial-Intelligence Agency, 
                the National Reconnaissance Office, the Office of 
                Intelligence of the Federal Bureau of Investigation, 
                and the Office of Information Analysis of the 
                Department of Homeland Security; and
                    (iii) includes any other program, project, or 
                activity of a department, agency, or element of the 
                United States Government relating to national 
                intelligence unless the National Intelligence Director 
                and the head of the department, agency, or element 
                concerned determine otherwise; but
                    (B) except as provided in subparagraph (A)(ii), 
                does not refer to any program, project, or activity of 
                the military departments, including any program, 
                project, or activity of the Defense Intelligence Agency 
                that is not part of the National Foreign Intelligence 
                Program as of the date of the enactment of this Act, to 
                acquire intelligence principally for the planning and 
                conduct of joint or tactical military operations by the 
                United States Armed Forces.
            (7) The term ``congressional intelligence committees'' 
        means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.

                TITLE I--NATIONAL INTELLIGENCE AUTHORITY

              Subtitle A--National Intelligence Authority

SEC. 101. NATIONAL INTELLIGENCE AUTHORITY.

    (a) Independent Establishment.--There is hereby established as an 
independent establishment in the executive branch of government the 
National Intelligence Authority.
    (b) Composition.--The National Intelligence Authority is composed 
of the following:
            (1) The Office of the National Intelligence Director.
            (2) The elements specified in subtitle D.
            (3) Such other elements, offices, agencies, and activities 
        as may be established by law or by the President or the 
        National Intelligence Director.
    (c) Primary Missions.--The primary missions of the National 
Intelligence Authority are as follows:
            (1) To unify and strengthen the efforts of the intelligence 
        community of the United States Government.
            (2) To ensure the organization of the efforts of the 
        intelligence community of the United States Government in a 
        joint manner relating to intelligence missions rather than 
        through intelligence collection disciplines.
            (3) To provide for the operation of the National 
        Counterterrorism Center and national intelligence centers under 
        subtitle D.
            (4) To eliminate barriers that impede coordination of the 
        counterterrorism activities of the United States Government 
        between foreign intelligence activities located abroad and 
        foreign intelligence activities located domestically while 
        ensuring the protection of civil liberties.
            (5) To establish clear responsibility and accountability 
        for counterterrorism and other intelligence matters relating to 
        the national security of the United States.
    (d) Seal.--The National Intelligence Director shall have a seal for 
the National Intelligence Authority. The design of the seal is subject 
to the approval of the President. Judicial notice shall be taken of the 
seal.

SEC. 102. NATIONAL INTELLIGENCE DIRECTOR.

    (a) National Intelligence Director.--There is a National 
Intelligence Director who shall be appointed by the President, by and 
with the advice and consent of the Senate.
    (b) Individuals Eligible for Nomination.--Any individual nominated 
for appointment as National Intelligence Director shall have extensive 
national security expertise.
    (c) Prohibition on Simultaneous Service in Other Capacity in 
Intelligence Community.--The individual serving as National 
Intelligence Director may not, while so serving, serve in any capacity 
in any other element of the intelligence community, except to the 
extent that the individual serving as National Intelligence Director 
does so in an acting capacity.
    (d) Principal Duties and Responsibilities.--The National 
Intelligence Director shall--
            (1) serve as head of the intelligence community in 
        accordance with the provisions of this Act, the National 
        Security Act of 1947 (50 U.S.C. 401 et seq.), and other 
        applicable provisions of law;
            (2) act as a principal adviser to the President for 
        intelligence related to the national security;
            (3) serve as the head of the National Intelligence 
        Authority; and
            (4) direct and oversee the National Intelligence Program.
    (e) General Responsibilities and Authorities.--In carrying out the 
duties and responsibilities set forth in subsection (c), the National 
Intelligence Director shall have the responsibilities set forth in 
section 112 and the authorities set forth in section 113 and other 
applicable provisions of law.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

SEC. 111. PROVISION OF NATIONAL INTELLIGENCE.

    (a) In General.--The National Intelligence Director shall be 
responsible for providing national intelligence--
            (1) to the President;
            (2) to the heads of other departments and agencies of the 
        executive branch;
            (3) to the Chairman of the Joint Chiefs of Staff and senior 
        military commanders;
            (4) to the Senate and House of Representatives and the 
        committees thereof; and
            (5) to such other persons or entities as the President 
        shall direct.
    (b) National Intelligence.--Such national intelligence shall be 
timely, objective, independent of political considerations, and based 
upon all sources available to the intelligence community.

SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) In General.--The National Intelligence Director shall--
            (1) determine the annual budget for the intelligence and 
        intelligence-related activities of the United States by--
                    (A) providing to the heads of the departments 
                containing agencies or elements within the intelligence 
                community and that have one or more programs, projects, 
                or activities within the National Intelligence program, 
                and to the heads of such agencies and elements, 
                guidance for development the National Intelligence 
                Program budget pertaining to such agencies or elements;
                    (B) developing and presenting to the President an 
                annual budget for the National Intelligence Program 
                after consultation with the heads of agencies or 
                elements, and the heads of their respective 
                departments, under subparagraph (A);
                    (C) providing budget guidance to each element of 
                the intelligence community that does not have one or 
                more program, project, or activity within the National 
                Intelligence Program regarding the intelligence and 
                intelligence-related activities of such element; and
                    (D) participating in the development by the 
                Secretary of Defense of the annual budgets for the 
                military intelligence programs, projects, and 
                activities not included in the National Intelligence 
                Program;
            (2) manage and oversee the National Intelligence Program, 
        including--
                    (A) the execution of funds within the National 
                Intelligence Program;
                    (B) the reprogramming of funds appropriated or 
                otherwise made available to the National Intelligence 
                Program; and
                    (C) the transfer of funds and personnel under the 
                National Intelligence Program;
            (3) establish the requirements and priorities to govern the 
        collection, analysis, and dissemination of national 
        intelligence by elements of the intelligence community;
            (4) establish collection and analysis requirements for the 
        intelligence community, determine collection and analysis 
        priorities, issue and manage collection and analysis tasking, 
        and resolve conflicts in the tasking of elements of the 
        intelligence community within the National Intelligence 
        Program, except as otherwise agreed with the Secretary of 
        Defense pursuant to the direction of the President;
            (5) provide advisory tasking on the collection of 
        intelligence to elements of the United States Government having 
        information collection capabilities that are not elements of 
        the intelligence community;
            (6) manage and oversee the National Counterterrorism Center 
        under section 143, and establish, manage, and oversee national 
        intelligence centers under section 144;
            (7) establish requirements and priorities for foreign 
        intelligence information to be collected under the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), 
        and provide assistance to the Attorney General to ensure that 
        information derived from electronic surveillance or physical 
        searches under that Act is disseminated so it may be used 
        efficiently and effectively for foreign intelligence purposes, 
        except that the Director shall have no authority to direct, 
        manage, or undertake electronic surveillance or physical search 
        operations pursuant to that Act unless otherwise authorized by 
        statute or Executive order;
            (8) develop and implement, in consultation with the heads 
        of other agencies or elements of the intelligence community, 
        and the heads of their respective departments, personnel 
        policies and programs applicable to the intelligence community 
        that--
                    (A) encourage and facilitate assignments and 
                details of personnel to the National Counterterrorism 
                Center under section 143, to national intelligence 
                centers under section 144, and between elements of the 
                intelligence community;
                    (B) set standards for education, training, and 
                career development of personnel of the intelligence 
                community;
                    (C) encourage and facilitate the recruitment and 
                retention by the intelligence community of highly 
                qualified individuals for the effective conduct of 
                intelligence activities;
                    (D) ensure that the personnel of the intelligence 
                community is sufficiently diverse for purposes of the 
                collection and analysis of intelligence through the 
                recruitment and training of women, minorities, and 
                individuals with diverse ethnic, cultural, and 
                linguistic backgrounds;
                    (E) make service in more than one element of the 
                intelligence community a condition of promotion to such 
                positions within the intelligence community as the 
                Director shall specify;
                    (F) ensure the effective management of intelligence 
                community personnel who are responsible for 
                intelligence community-wide matters;
                    (G) provide for the effective management of human 
                capital within the intelligence community, including--
                            (i) the alignment of human resource 
                        policies and programs of the elements of the 
                        intelligence community with the missions, 
                        goals, and organizational objectives of such 
                        elements and of the intelligence community 
                        overall;
                            (ii) the assessment of workforce 
                        characteristics and future needs and the 
                        establishment of workforce development 
                        strategies to meet those needs based on 
                        relevant organizational missions and strategic 
                        plans;
                            (iii) the sustainment of a culture that 
                        encourages and allows for the development of a 
                        high performing workforce; and
                            (iv) the alignment of expectations for 
                        personnel performance with relevant 
                        organizational missions and strategic plans;
                    (H) are consistent with the public employment 
                principles of merit and fitness set forth under section 
                2301 of title 5, United States Code; and
                    (I) include the enhancements required under section 
                114;
            (9) promote and evaluate the utility of national 
        intelligence to consumers within the United States Government;
            (10) ensure that appropriate officials of the United States 
        Government and other appropriate individuals have access to a 
        variety of intelligence assessments and analytical views;
            (11) protect intelligence sources and methods from 
        unauthorized disclosure;
            (12) establish requirements and procedures for the 
        classification of intelligence information and for access to 
        classified intelligence information;
            (13) establish requirements and procedures for the 
        dissemination of classified information by elements of the 
        intelligence community;
            (14) establish intelligence reporting guidelines that 
        maximize the dissemination of information while protecting 
        intelligence sources and methods;
            (15) develop, in consultation with the heads of appropriate 
        departments and agencies of the United States Government, an 
        integrated communications network that provides interoperable 
        communications capabilities among all elements of the 
        intelligence community and such other entities and persons as 
        the Director considers appropriate;
            (16) establish standards for information technology and 
        communications for the intelligence community;
            (17) ensure that the intelligence community makes efficient 
        and effective use of open-source information and analysis;
            (18) ensure compliance by elements of the intelligence 
        community with the Constitution and all laws, regulations, 
        Executive orders, and implementing guidelines of the United 
        States applicable to the intelligence and intelligence-related 
        activities of the United States Government, including the 
        provisions of the Constitution and all laws, regulations, 
        Executive orders, and implementing guidelines of the United 
        States applicable to the protection of the privacy and civil 
        liberties of United States persons;
            (19) eliminate waste and unnecessary duplication within the 
        intelligence community; and
            (20) perform such other functions as the President may 
        direct.
    (b) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the National Intelligence Director, shall 
establish uniform standards and procedures for the grant to sensitive 
compartmented information in accordance with section 115.
    (c) Performance of Common Services.--(1) The National Intelligence 
Director shall, in consultation with the heads of departments and 
agencies of the United States Government containing elements within the 
intelligence community and with the Director of the Central 
Intelligence Agency, direct and coordinate the performance by the 
elements of the intelligence community within the National Intelligence 
Program of such services as are of common concern to the intelligence 
community, which services the National Intelligence Director determines 
can be more efficiently accomplished in a consolidated manner.
    (2) The services performed under paragraph (1) shall include 
research and development on technology for use in national intelligence 
missions.
    (d) Regulations.--The National Intelligence Director may prescribe 
regulations relating to the discharge and enforcement of the 
responsibilities of the Director under this section.

SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.

    (a) Access to Intelligence.--Unless otherwise directed by the 
President, the National Intelligence Director shall have access to all 
intelligence related to the national security which is collected by any 
department, agency, or other element of the United States Government.
    (b) Determination of Budgets for NIP and Other Intelligence 
Activities.--The National Intelligence Director shall determine the 
annual budget for the intelligence and intelligence-related activities 
of the United States Government under section 112(a)(1) by--
            (1) providing to the heads of the departments containing 
        agencies or elements within the intelligence community and that 
        have one or more programs, projects, or activities within the 
        National Intelligence program, and to the heads of such 
        agencies and elements, guidance for development the National 
        Intelligence Program budget pertaining to such agencies or 
        elements;
            (2) developing and presenting to the President an annual 
        budget for the National Intelligence Program after consultation 
        with the heads of agencies or elements, and the heads of their 
        respective departments, under paragraph (1), including, in 
        furtherance of such budget, the review, modification, and 
        approval of budgets of the agencies or elements of the 
        intelligence community with one or more programs, projects, or 
        activities within the National Intelligence Program utilizing 
        the budget authorities in subsection (c)(1);
            (3) providing guidance on the development of annual budgets 
        for each element of the intelligence community that does not 
        have any program, project, or activity within the National 
        Intelligence Program utilizing the budget authorities in 
        subsection (c)(2);
            (4) participating in the development by the Secretary of 
        Defense of the annual budget for military intelligence programs 
        and activities outside the National Intelligence Program;
            (5) receiving the appropriations for the National 
        Intelligence Program as specified in subsection (d) and 
        allotting and allocating funds to agencies and elements of the 
        intelligence community; and
            (6) managing and overseeing the execution by the agencies 
        or elements of the intelligence community, and, if necessary, 
        the modification of the annual budget for the National 
        Intelligence Program, including directing the reprogramming and 
        transfer of funds, and the transfer of personnel, among and 
        between elements of the intelligence community within the 
        National Intelligence Program utilizing the authorities in 
        subsections (f) and (g).
    (c) Budget Authorities.--(1)(A) In developing and presenting an 
annual budget for the elements of the intelligence community within the 
National Intelligence Program under subsection (b)(1), the National 
Intelligence Director shall coordinate, prepare, and present to the 
President the annual budgets of those elements, in consultation with 
the heads of those elements.
    (B) If any portion of the budget for an element of the intelligence 
community within the National Intelligence Program is prepared outside 
the Office of the National Intelligence Director, the Director--
            (i) shall approve such budget before submission to the 
        President; and
            (ii) may require modifications of such budget to meet the 
        requirements and priorities of the Director before approving 
        such budget under clause (i).
    (C) The budget of an agency or element of the intelligence 
community with one or more programs, projects, or activities within the 
National Intelligence Program may not be provided to the President 
unless the Director has first approved such budget.
    (2)(A) The Director shall provide guidance for the development of 
the annual budgets for each agency or element of the intelligence 
community that does not have any program, project, or activity within 
the National Intelligence Program.
    (B) The heads of the agencies or elements of the intelligence 
community, and the heads of their respective departments, referred to 
in subparagraph (A) shall coordinate closely with the Director in the 
development of the budgets of such agencies or elements, before the 
submission of their recommendations on such budgets to the President.
    (d) Jurisdiction of Funds Under NIP.--(1) Notwithstanding any other 
provision of law and consistent with section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any amounts appropriated or 
otherwise made available for the National Intelligence Program shall be 
appropriated to the National Intelligence Authority and, pursuant to 
subsection (e), under the direct jurisdiction of the National 
Intelligence Director.
    (2) The Director shall manage and oversee the execution by each 
element of the intelligence community of any amounts appropriated or 
otherwise made available to such element under the National 
Intelligence Program.
    (e) Accounts for Administration of NIP Funds.--(1) The Secretary of 
the Treasury shall, in consultation with the National Intelligence 
Director, establish accounts for the funds under the jurisdiction of 
the Director under subsection (d) for purposes of carrying out the 
responsibilities and authorities of the Director under this Act with 
respect to the National Intelligence Program.
    (2) The National Intelligence Director shall--
            (A) control and manage the accounts established under 
        paragraph (1); and
            (B) with the concurrence of the Director of the Office of 
        Management and Budget, establish procedures governing the use 
        (including transfers and reprogrammings) of funds in such 
        accounts.
    (3)(A) To the extent authorized by law, a certifying official shall 
follow the procedures established under paragraph (2)(B) with regard to 
each account established under paragraph (1). Disbursements from any 
such account shall only be made against a valid obligation of such 
account.
    (B) In this paragraph, the term ``certifying official'', with 
respect to an element of the intelligence community, means an employee 
of the element who has responsibilities specified in section 3528(a) of 
title 31, United States Code.
    (4) The National Intelligence Director shall allot funds deposited 
in an account established under paragraph (1) directly to the head of 
the elements of the intelligence community concerned in accordance with 
the procedures established under paragraph (2)(B).
    (5) Each account established under paragraph (1) shall be subject 
to chapters 13 and 15 of title 31, United States Code, other than 
sections 1503 and 1556 of that title.
    (6) Nothing in this subsection shall be construed to impair or 
otherwise affect the authority granted by subsection (g)(3) or by 
section 5 or 8 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f, 403j).
    (f) Role in Reprogramming or Transfer of NIP Funds by Elements of 
Intelligence Community.--(1) No funds made available under the National 
Intelligence Program may be reprogrammed or transferred by any agency 
or element of the intelligence community without the prior approval of 
the National Intelligence Director except in accordance with procedures 
issued by the Director.
    (2) The head of the department concerned shall consult with the 
Director before reprogramming or transferring funds appropriated or 
otherwise made available to an agency or element of the intelligence 
community that does not have any program, project, or activity within 
the National Intelligence Program.
    (3) The Director shall, before reprogramming funds appropriated or 
otherwise made available for an element of the intelligence community 
within the National Intelligence Program, consult with the head of the 
department or agency having jurisdiction over such element regarding 
such reprogramming.
    (4)(A) The Director shall consult with the appropriate committees 
of Congress regarding modifications of existing procedures to expedite 
the reprogramming of funds within the National Intelligence Program.
    (B) Any modification of procedures under subparagraph (A) shall 
include procedures for the notification of the appropriate committees 
of Congress of any objection raised by the head of a department or 
agency to a reprogramming proposed by the Director as a result of 
consultations under paragraph (3).
    (g) Transfer or Reprogramming of Funds and Transfer of Personnel 
Within NIP.--(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 and 
after consultation with the heads of the departments containing 
agencies or elements within the intelligence community to the extent 
their subordinate agencies or elements are affected, with the heads of 
such subordinate agencies or elements, and with the Director of the 
Central Intelligence Agency to the extent the Central Intelligence 
Agency is affected, may--
            (A) transfer or reprogram funds appropriated for a program 
        within the National Intelligence Program to another such 
        program;
            (B) review, and approve or disapprove, any proposal to 
        transfer or reprogram funds from appropriations that are not 
        for the National Intelligence Program to appropriations for the 
        National Intelligence Program;
            (C) in accordance with procedures to be developed by the 
        National Intelligence Director, transfer personnel of the 
        intelligence community funded through the National Intelligence 
        Program from one element of the intelligence community to 
        another element of the intelligence community; and
            (D) in accordance with procedures to be developed by the 
        National Intelligence Director and the heads of the departments 
        and agencies concerned, transfer personnel of the intelligence 
        community not funded through the National Intelligence Program 
        from one element of the intelligence community to another 
        element of the intelligence community.
    (2) 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 transfer does not involve a transfer of funds to 
        the Reserve for Contingencies of the National Intelligence 
        Director; or
            (C) the transfer does not exceed applicable ceilings 
        established in law for such transfers.
    (3) Funds transferred under this subsection shall remain available 
for the same period as the appropriations account to which transferred.
    (4) 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 October 24, 1992.
    (5)(A) The National Intelligence Director shall promptly submit to 
the appropriate committees of Congress a report on any transfer of 
personnel made pursuant to this subsection. 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.
    (B) In this paragraph, the term ``appropriate committees of 
Congress'' means--
            (i)(I) the Committee on Appropriations and the Select 
        Committee on Intelligence of the Senate; and
            (II) the Committee on Appropriations and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives;
            (ii) in the case of a transfer of personnel to or from the 
        Department of Defense--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on Armed Services of the Senate; 
                and
                    (III) the Committee on Armed Services of the House 
                of Representatives;
            (iii) in the case of a transfer of personnel to or from the 
        Federal Bureau of Investigation--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on the Judiciary of the Senate; 
                and
                    (III) the Committee on the Judiciary of the House 
                of Representatives; and
            (iv) in the case of a transfer of personnel to or from the 
        Department of Homeland Security--
                    (I) the committees and select committees referred 
                to in clause (i);
                    (II) the Committee on Governmental Affairs of the 
                Senate; and
                    (III) the Select Committee on Homeland Security of 
                the House of Representatives.
    (h) Information Technology and Communications.--(1) In conforming 
with section 205, in carrying out section 112(a)(16), the National 
Intelligence Director shall--
            (A) establish standards for information technology and 
        communications across the intelligence community;
            (B) develop an integrated information technology network 
        and enterprise architecture for the intelligence community, 
        including interface standards for interoperability to enable 
        automated information-sharing among elements of the 
        intelligence community;
            (C) maintain an inventory of critical information 
        technology and communications systems, and eliminate 
        unnecessary or duplicative systems;
            (D) establish contingency plans for the intelligence 
        community regarding information technology and communications; 
        and
            (E) establish policies, doctrine, training, and other 
        measures necessary to ensure that the intelligence community 
        develops an integrated information technology and 
        communications network that ensures information-sharing.
    (2) Consistent with section 205, the Director shall take any action 
necessary, including the setting of standards for information 
technology and communications across the intelligence community, to 
develop an integrated information technology and communications network 
that ensures information-sharing across the intelligence community.
    (i) Coordination With Foreign Governments.--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 and direct the 
Director of the Central Intelligence Agency in coordinating, under 
section 103(f) of the National Security Act of 1947, 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.
    (j) Open Source Information Collection.--The National Intelligence 
Director shall establish and maintain within the intelligence community 
an effective and efficient open-source information collection 
capability.
    (k) Access to Information.--Except as otherwise directed by the 
President, the head of each element of the intelligence community shall 
promptly provide the National Intelligence Director such information in 
the possession or under the control of such element as the Director may 
request in order to facilitate the exercise of the authorities and 
responsibilities of the Director under this Act.

SEC. 114. ENHANCED PERSONNEL MANAGEMENT.

    (a) Rewards for Service in Certain Positions.--(1) The National 
Intelligence Director shall prescribe regulations to provide incentives 
for service on the staff of the national intelligence centers, on the 
staff of the National Counterterrorism Center, and in other positions 
in support of the intelligence community management functions of the 
Director.
    (2) Incentives under paragraph (1) may include financial 
incentives, bonuses, and such other awards and incentives as the 
Director considers appropriate.
    (b) Enhanced Promotion for Service Under NID.--Notwithstanding any 
other provision of law, the National Intelligence Director shall ensure 
that personnel of an element of the intelligence community who are 
assigned or detailed 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.
    (c) Joint Career Matters.--(1) In carrying out section 112(a)(8), 
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, 
and disciplines.
    (2) The mechanisms prescribed under paragraph (1) may include the 
following:
            (A) The establishment of special occupational categories 
        involving service, over the course of a career, in more than 
        one element of the intelligence community.
            (B) The provision of rewards for service in positions 
        undertaking analysis and planning of operations involving two 
        or more elements of the intelligence community.
            (C) The establishment of requirements for education, 
        training, service, and evaluation that involve service in more 
        than one element of the intelligence community.
    (3) It is the sense of Congress that the mechanisms prescribed 
under this subsection should, to the extent practical, seek to 
duplicate within the intelligence community the joint officer 
management policies established by the Goldwater-Nichols Department of 
Defense Reorganization Act of 1986 (Public Law 99-433) and the 
amendments on joint officer management made by that Act.

SEC. 115. SECURITY CLEARANCES.

    (a) In General.--The President, in consultation with the National 
Intelligence Director, the department, agency, or element selected 
under (b), and other appropriate officials shall--
            (1) establish uniform standards and procedures for the 
        grant of access to classified information for employees and 
        contractor personnel of the United States Government who 
        require access to such information;
            (2) ensure the consistent implementation of the standards 
        and procedures established under paragraph (1) throughout the 
        departments, agencies, and elements of the United States 
        Government and under contracts entered into by such 
        departments, agencies, and elements;
            (3) ensure that an individual who is granted or continued 
        eligibility for access to classified information is treated by 
        each department, agency, or element of the executive branch as 
        eligible for access to classified information at that level for 
        all purposes of each such department, agency, or element, 
        regardless of which department, agency, or element of the 
        executive branch granted or continued the eligibility of such 
        individual for access to classified information;
            (4) establish uniform requirements and standards, including 
        for security questionnaires, financial disclosure requirements, 
        and standards for administering polygraph examinations, to be 
        utilized for the performance of security clearance 
        investigations, including by the contractors conducting such 
        investigations; and
            (5) ensure that the database established under subsection 
        (b)(2)(B) meets the needs of the intelligence community.
    (b) Performance of Security Clearance Investigations.--(1) Not 
later than 45 days after the date of the enactment of this Act, the 
President shall select a single department, agency, or element of the 
executive branch to conduct all security clearance investigations of 
employees and contractor personnel of the United States Government who 
require access to classified information and to provide and maintain 
all security clearances of such employees and contractor personnel.
    (2) The department, agency, or element selected under paragraph (1) 
shall--
                    (A) take all necessary actions to carry out the 
                requirements of this section, including entering into a 
                memorandum of understanding with any agency carrying 
                out responsibilities relating to security clearances or 
                security clearance investigations before the date of 
                the enactment of this Act;
                    (B) as soon as practicable, establish and maintain 
                a single database for tracking security clearance 
                applications, security clearance investigations, and 
                determinations of eligibility for security clearances, 
                which database shall incorporate applicable elements of 
                similar databases in existence on the date of the 
                enactment of this Act; and
                    (C) ensure that security clearance investigations 
                are conducted in accordance with uniform standards and 
                requirements established under subsection (a)(4), 
                including uniform security questionnaires and financial 
                disclosure requirements.
    (c) Adjudication and Grant of Security Clearances.--(1) Each agency 
that adjudicates and grants security clearances as of the date of the 
enactment of this Act may continue to adjudicate and grant security 
clearances after that date.
    (2) Each agency that adjudicates and grants security clearances 
shall specify to the department, agency, or element selected under 
subsection (b) the level of security clearance investigation required 
for an individual under its jurisdiction.
    (3) Upon granting or continuing eligibility for access to 
classified information to an individual under its jurisdiction, an 
agency that adjudicates and grants security clearances shall submit to 
the department, agency, or element selected under subsection (b) notice 
of that action, including the level of access to classified information 
granted.
    (d) Utilization of Personnel.--There shall be transferred to the 
department, agency, or element selected under subsection (b) any 
personnel of any executive agency whose sole function as of the date of 
the enactment of this Act is the performance of security clearance 
investigations.
    (e) Transition.--The President shall take appropriate actions to 
ensure that the performance of security clearance investigations under 
this section commences not later than one year after the date of the 
enactment of this Act.

SEC. 116. NATIONAL INTELLIGENCE RESERVE CORPS.

    (a) Establishment.--The National Intelligence Director may provide 
for the establishment and training of a National Intelligence Reserve 
Corps (in this section referred to as ``National Intelligence Reserve 
Corps'') for the temporary reemployment on a voluntary basis of former 
employees of elements of the intelligence community during periods of 
emergency, as determined by the Director.
    (b) Eligible Individuals.--An individual may participate in the 
National Intelligence Reserve Corps only if the individual previously 
served as a full time employee of an element of the intelligence 
community.
    (c) Limitation on Membership.--The total number of individuals who 
are members of the National Intelligence Reserve Corps at any given 
time may not exceed 200 individuals.
    (d) Terms of Participation.--The National Intelligence Director 
shall prescribe the terms and conditions under which eligible 
individuals may participate in the National Intelligence Reserve Corps.
    (e) Expenses.--The National Intelligence Director may provide 
members of the National Intelligence Reserve Corps transportation and 
per diem in lieu of subsistence for purposes of participating in any 
training that relates to service as a member of the Reserve Corps.
    (f) Treatment of Annuitants.--(1) If an annuitant receiving an 
annuity from the Civil Service Retirement and Disability Fund becomes 
temporarily reemployed pursuant to this section, such annuity shall not 
be discontinued thereby.
    (2) An annuitant so reemployed shall not be considered an employee 
for the purposes of chapter 83 or 84 of title 5, United States Code.
    (g) Treatment Under National Intelligence Authority Personnel 
Ceiling.--A member of the National Intelligence Reserve Corps who is 
reemployed on a temporary basis pursuant to this section shall not 
count against any personnel ceiling applicable to the National 
Intelligence Authority.

SEC. 117. APPOINTMENT AND TERMINATION OF CERTAIN OFFICIALS RESPONSIBLE 
              FOR INTELLIGENCE-RELATED ACTIVITIES.

    (a) Recommendation of NID in Certain Appointment.--In the event of 
a vacancy in the position of Director of the Central Intelligence 
Agency, the National Intelligence Director shall recommend to the 
President an individual for nomination to fill the vacancy.
    (b) Concurrence of Secretary of Defense in Certain Appointments 
Recommended by NID.--(1) In the event of a vacancy in a position 
referred to in paragraph (2), the National Intelligence Director shall 
obtain the concurrence of the Secretary of Defense before recommending 
to the President an individual for nomination to fill such vacancy. If 
the Secretary does not concur in the recommendation, the Director may 
make the recommendation to the President without the concurrence of the 
Secretary, but shall include in the recommendation a statement that the 
Secretary does not concur in the recommendation.
    (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) Concurrence of NID in Certain Appointments.--(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 fill the vacancy or make the 
recommendation to the President (as the case may be) without the 
concurrence of the Director, but shall notify the President that the 
Director does not concur in appointment or recommendation (as the case 
may be).
    (2) Paragraph (1) applies to the following positions:
            (A) The Under Secretary of Defense for Intelligence.
            (B) The Assistant Secretary of Homeland Security for 
        Information Analysis.
            (C) The Director of the Defense Intelligence Agency.
            (D) The Executive Assistant Director for Intelligence of 
        the Federal Bureau of Investigation.
    (d) Recommendation of NID on Termination of Service.--(1) The 
National Intelligence Director may recommend to the President or the 
head of the department or agency concerned the termination of service 
of any individual serving in any position covered by this section.
    (2) In the event the Director intends to recommend to the President 
the termination of service of an individual under paragraph (1), the 
Director shall seek the concurrence of the head of the department or 
agency concerned. If the head of the department or agency concerned 
does not concur in the recommendation, the Director may make the 
recommendation to the President without the concurrence of the head of 
the department or agency concerned, but shall notify the President that 
the head of the department or agency concerned does not concur in the 
recommendation.

SEC. 118. RESERVE FOR CONTINGENCIES OF THE NATIONAL INTELLIGENCE 
              DIRECTOR.

    (a) Establishment.--There is hereby established on the books of the 
Treasury an account to be known as the Reserve for Contingencies of the 
National Intelligence Director.
    (b) Elements.--The Reserve shall consist of the following elements:
            (1) Amounts authorized to be appropriated to the Reserve.
            (2) Any amounts authorized to be transferred to or 
        deposited in the Reserve by law.
    (c) Availability.--Amounts in the Reserve shall be available for 
such purposes as are provided by law.
    (d) Transfer of Funds of Reserve for Contingencies of CIA.--There 
shall be transferred to the Reserve for Contingencies of the National 
Intelligence Director all unobligated balances of the Reserve for 
Contingencies of the Central Intelligence Agency as of the date of the 
enactment of this Act.

        Subtitle C--Office of the National Intelligence Director

SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.

    (a) Office of National Intelligence Director.--There is within the 
National Intelligence Authority an Office of the National Intelligence 
Director.
    (b) Function.--The function of the Office of the National 
Intelligence Director is to assist the National Intelligence Director 
in carrying out the duties and responsibilities of the Director under 
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.), 
and other applicable provisions of law, and to carry out such other 
duties as may be prescribed by the President or by law.
    (c) Composition.--The Office of the National Intelligence Director 
is composed of the following:
            (1) The Principal Deputy National Intelligence Director.
            (2) Any Deputy National Intelligence Director appointed 
        under section 122(b).
            (3) The National Intelligence Council.
            (4) The General Counsel of the National Intelligence 
        Authority.
            (5) The Intelligence Comptroller.
            (6) The Officer for Civil Rights and Civil Liberties of the 
        National Intelligence Authority.
            (7) The Privacy Officer of the National Intelligence 
        Authority.
            (8) The Chief Information Officer of the National 
        Intelligence Authority.
            (9) The Chief Human Capital Officer of the National 
        Intelligence Authority.
            (10) The Chief Financial Officer of the National 
        Intelligence Authority.
            (11) The National Counterintelligence Executive (including 
        the Office of the National Counterintelligence Executive).
            (12) Such other offices and officials as may be established 
        by law or the Director may establish or designate in the 
        Office.
    (d) Staff.--(1) 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 professional staff having an expertise in 
matters relating to such duties and responsibilities, and may establish 
permanent positions and appropriate rates of pay with respect to that 
staff.
    (2) The staff of the Office of the National Intelligence Director 
under paragraph (1) shall include the staff of the Office of the Deputy 
Director of Central Intelligence for Community Management that is 
transferred to the Office of the National Intelligence Director under 
section 321.
    (e) Prohibition on Co-Location With Other Elements of Intelligence 
Community.--Commencing as of October 1, 2006, the Office of the 
National Intelligence Director may not be co-located with any other 
element of the intelligence community.

SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.

    (a) Principal Deputy National Intelligence Director.--(1) There is 
a Principal Deputy National Intelligence Director who shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    (2) In the event of a vacancy in the position of Principal Deputy 
National Intelligence Director, the National Intelligence Director 
shall recommend to the President an individual for appointment as 
Principal Deputy National Intelligence Director.
    (3) Any individual nominated for appointment as Principal Deputy 
National Intelligence Director shall have extensive national security 
experience and management expertise.
    (4) The individual serving as Principal Deputy National 
Intelligence Director may not, while so serving, serve in any capacity 
in any other element of the intelligence community, except to the 
extent that the individual serving as Principal Deputy National 
Intelligence Director is doing so in an acting capacity.
    (5) The Principal Deputy National Intelligence Director shall 
assist the National Intelligence Director in carrying out the duties 
and responsibilities of the Director.
    (6) The Principal 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 National Director of 
Intelligence.
    (b) Deputy National Intelligence Directors.--(1) There may be not 
more than four Deputy National Intelligence Directors who shall be 
appointed by the President.
    (2) In the event of a vacancy in any position of Deputy National 
Intelligence Director established under this subsection, the National 
Intelligence Director shall recommend to the President an individual 
for appointment to such position.
    (3) Each Deputy National Intelligence Director appointed under this 
subsection shall have such duties, responsibilities, and authorities as 
the National Intelligence Director may assign or are specified by law.

SEC. 123. NATIONAL INTELLIGENCE COUNCIL.

    (a) National Intelligence Council.--There is a National 
Intelligence Council.
    (b) Composition.--(1) The National Intelligence Council shall be 
composed of senior analysts within the intelligence community and 
substantive experts from the public and private sector, who shall be 
appointed by, report to, and serve at the pleasure of, the National 
Intelligence Director.
    (2) The Director shall prescribe appropriate security requirements 
for personnel appointed from the private sector as a condition of 
service on the Council, or as contractors of the Council or employees 
of such contractors, to ensure the protection of intelligence sources 
and methods while avoiding, wherever possible, unduly intrusive 
requirements which the Director considers to be unnecessary for this 
purpose.
    (c) Duties and Responsibilities.--(1) The National Intelligence 
Council shall--
            (A) produce national intelligence estimates for the United 
        States Government, including alternative views held by elements 
        of the intelligence community and other information as 
        specified in paragraph (2);
            (B) evaluate community-wide collection and production of 
        intelligence by the intelligence community and the requirements 
        and resources of such collection and production; and
            (C) otherwise assist the National Intelligence Director in 
        carrying out the responsibilities of the Director under section 
        111.
    (2) The National Intelligence Director shall ensure that the 
Council satisfies the needs of policymakers and other consumers of 
intelligence by ensuring that each national intelligence estimate under 
paragraph (1)--
            (A) states separately, and distinguishes between, the 
        intelligence underlying such estimate and the assumptions and 
        judgments of analysts with respect to such intelligence and 
        such estimate;
            (B) describes the quality and reliability of the 
        intelligence underlying such estimate;
            (C) presents and explains alternative conclusions, if any, 
        with respect to the intelligence underlying such estimate and 
        such estimate; and
            (D) characterizes the uncertainties, if any, and confidence 
        in such estimate.
    (d) Service as Senior Intelligence Advisers.--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.
    (e) Authority To Contract.--Subject to the direction and control of 
the National Intelligence Director, the National Intelligence Council 
may carry out its responsibilities under this section by contract, 
including contracts for substantive experts necessary to assist the 
Council with particular assessments under this section.
    (f) Staff.--The National Intelligence Director shall make available 
to the National Intelligence Council such staff as may be necessary to 
permit the Council to carry out its responsibilities under this 
section.
    (g) Availability of Council and Staff.--(1) The 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.
    (2) The Council shall be readily accessible to policymaking 
officials and other appropriate individuals not otherwise associated 
with the intelligence community.
    (h) Support.--The heads of the elements of the intelligence 
community shall, as appropriate, furnish such support to the National 
Intelligence Council, including the preparation of intelligence 
analyses, as may be required by the National Intelligence Director.

SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) General Counsel of National Intelligence Authority.--There is a 
General Counsel of the National Intelligence Authority who shall be 
appointed from civilian life by the President, by and with the advice 
and consent of the Senate.
    (b) Prohibition on Dual Service as General Counsel of Another 
Agency.--The individual serving in the position of General Counsel of 
the National Intelligence Authority may not, while so serving, also 
serve as the General Counsel of any other department, agency, or 
element of the United States Government.
    (c) Scope of Position.--The General Counsel of the National 
Intelligence Authority is the chief legal officer of the National 
Intelligence Authority.
    (d) Functions.--The General Counsel of the National Intelligence 
Authority shall perform such functions as the National Intelligence 
Director may prescribe.

SEC. 125. INTELLIGENCE COMPTROLLER.

    (a) Intelligence Comptroller.--There is an Intelligence Comptroller 
who shall be appointed from civilian life by the National Intelligence 
Director.
    (b) Supervision.--The Intelligence Comptroller shall report 
directly to the National Intelligence Director.
    (c) Duties.--The Intelligence Comptroller shall--
            (1) assist the National Intelligence Director in the 
        preparation and execution of the budget of the elements of the 
        intelligence community within the National Intelligence 
        Program;
            (2) assist the Director in participating in the development 
        by the Secretary of Defense of the annual budget for military 
        intelligence programs and activities outside the National 
        Intelligence Program;
            (3) provide unfettered access to the Director to financial 
        information under the National Intelligence Program;
            (4) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 126. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE NATIONAL 
              INTELLIGENCE AUTHORITY.

    (a) Officer for Civil Rights and Civil Liberties of National 
Intelligence Authority.--There is an Officer for Civil Rights and Civil 
Liberties of the National Intelligence Authority who shall be appointed 
by the President.
    (b) Supervision.--The Officer for Civil Rights and Civil Liberties 
of the National Intelligence Authority shall report directly to the 
National Intelligence Director.
    (c) Duties.--The Officer for Civil Rights and Civil Liberties of 
the National Intelligence Authority shall--
            (1) assist the National Intelligence Director in ensuring 
        that the protection of civil rights and civil liberties, as 
        provided in the Constitution, laws, regulations, and Executive 
        orders of the United States, is appropriately incorporated in--
                    (A) the policies and procedures developed for and 
                implemented by the National Intelligence Authority;
                    (B) the policies and procedures regarding the 
                relationships among the elements of the intelligence 
                community within the National Intelligence Program; and
                    (C) the policies and procedures regarding the 
                relationships between the elements of the intelligence 
                community within the National Intelligence Program and 
                the other elements of the intelligence community;
            (2) oversee compliance by the Authority, and in the 
        relationships described in paragraph (1), with requirements 
        under the Constitution and all laws, regulations, Executive 
        orders, and implementing guidelines relating to civil rights 
        and civil liberties;
            (3) review, investigate, and assess complaints and other 
        information indicating possible abuses of civil rights or civil 
        liberties, as provided in the Constitution, laws, regulations, 
        and Executive orders of the United States, in the 
        administration of the programs and operations of the Authority, 
        and in the relationships described in paragraph (1), unless, in 
        the determination of the Inspector General of the National 
        Intelligence Authority, the review, investigation, or 
        assessment of a particular complaint or information can better 
        be conducted by the Inspector General;
            (4) coordinate with the Privacy Officer of the National 
        Intelligence Authority to ensure that programs, policies, and 
        procedures involving civil rights, civil liberties, and privacy 
        considerations are addressed in an integrated and comprehensive 
        manner; and
            (5) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 127. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Privacy Officer of National Intelligence Authority.--There is a 
Privacy Officer of the National Intelligence Authority who shall be 
appointed by the National Intelligence Director.
    (b) Duties.--(1) The Privacy Officer of the National Intelligence 
Authority shall have primary responsibility for the privacy policy of 
the National Intelligence Authority (including in the relationships 
among the elements of the intelligence community within the National 
Intelligence Program and the relationships between the elements of the 
intelligence community within the National Intelligence Program and the 
other elements of the intelligence community).
    (2) In discharging the responsibility under paragraph (1), the 
Privacy Officer shall--
            (A) assure that the use of technologies sustain, and do not 
        erode, privacy protections relating to the use, collection, and 
        disclosure of personal information;
            (B) assure that personal information contained in Privacy 
        Act systems of records is handled in full compliance with fair 
        information practices as set out in the Privacy Act of 1974;
            (C) conduct privacy impact assessments when appropriate or 
        as required by law; and
            (D) coordinate with the Officer for Civil Rights and Civil 
        Liberties of the National Intelligence Authority to ensure that 
        programs, policies, and procedures involving civil rights, 
        civil liberties, and privacy considerations are addressed in an 
        integrated and comprehensive manner.

SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Information Officer of National Intelligence Authority.--
There is a Chief Information Officer of the National Intelligence 
Authority who shall be appointed by the National Intelligence Director.
    (b) Duties.--The Chief Information Officer of the National 
Intelligence Authority shall--
            (1) assist the National Intelligence Director in 
        implementing the responsibilities and executing the authorities 
        related to information technology under paragraphs (15) and 
        (16) of section 112(a) and section 113(h); and
            (2) perform such other duties as may be prescribed by the 
        Director or specified by law.

SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Human Capital Officer of National Intelligence 
Authority.--There is a Chief Human Capital Officer of the National 
Intelligence Authority who shall be appointed by the National 
Intelligence Director.
    (b) Duties.--The Chief Human Capital Officer of the National 
Intelligence Authority shall--
            (1) have the functions and authorities provided for Chief 
        Human Capital Officers under sections 1401 and 1402 of title 5, 
        United States Code, with respect to the National Intelligence 
        Authority; and
            (2) advise and assist the National Intelligence Director in 
        exercising the authorities and responsibilities of the Director 
        with respect to the workforce of the intelligence community as 
        a whole.

SEC. 130. CHIEF FINANCIAL OFFICER OF THE NATIONAL INTELLIGENCE 
              AUTHORITY.

    (a) Chief Financial Officer of National Intelligence Authority.--
There is a Chief Financial Officer of the National Intelligence 
Authority who shall be designated by the President, in consultation 
with the National Intelligence Director.
    (b) Designation Requirements.--The designation of an individual as 
Chief Financial Officer of the National Intelligence Authority shall be 
subject to applicable provisions of section 901(a) of title 31, United 
States Code.
    (c) Authorities and Functions.--The Chief Financial Officer of the 
National Intelligence Authority shall have such authorities, and carry 
out such functions, with respect to the National Intelligence Authority 
as are provided for an agency Chief Financial Officer by section 902 of 
title 31, United States Code, and other applicable provisions of law.
    (d) Coordination With NIA Comptroller.--(1) The Chief Financial 
Officer of the National Intelligence Authority shall coordinate with 
the Comptroller of the National Intelligence Authority in exercising 
the authorities and performing the functions provided for the Chief 
Financial Officer under this section.
    (2) The National Intelligence Director shall take such actions as 
are necessary to prevent duplication of effort by the Chief Financial 
Officer of the National Intelligence Authority and the Comptroller of 
the National Intelligence Authority.
    (e) Integration of Financial Systems.--Subject to the supervision, 
direction, and control of the National Intelligence Director, the Chief 
Financial Officer of the National Intelligence Authority shall take 
appropriate actions to ensure the timely and effective integration of 
the financial systems of the National Intelligence Authority (including 
any elements or components transferred to the Authority by this Act), 
and of the financial systems of the Authority with applicable portions 
of the financial systems of the other elements of the intelligence 
community, as soon as possible after the date of the enactment of this 
Act.
    (f) Protection of Annual Financial Statement From Disclosure.--The 
annual financial statement of the National Intelligence Authority 
required under section 3515 of title 31, United States Code--
            (1) shall be submitted in classified form; and
            (2) notwithstanding any other provision of law, shall be 
        withheld from public disclosure.

SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

    (a) National Counterintelligence Executive.--The National 
Counterintelligence Executive under section 902 of the 
Counterintelligence Enhancement Act of 2002 (title IX of Public Law 
107-306; 50 U.S.C. 402b et seq.), as amended by section 309 of this 
Act, is a component of the Office of the National Intelligence 
Director.
    (b) Duties.--The National Counterintelligence Executive shall 
perform the duties provided in the Counterintelligence Enhancement Act 
of 2002, as so amended, and such other duties as may be prescribed by 
the National Intelligence Director or specified by law.

   Subtitle D--Additional Elements of National Intelligence Authority

SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Office of Inspector General of National Intelligence 
Authority.--There is within the National Intelligence Authority an 
Office of the Inspector General of the National Intelligence Authority.
    (b) Purpose.--The purpose of the Office of the Inspector General of 
the National Intelligence Authority is to--
            (1) create an objective and effective office, appropriately 
        accountable to Congress, to initiate and conduct independently 
        investigations, inspections, and audits relating to--
                    (A) the programs and operations of the National 
                Intelligence Authority;
                    (B) the relationships among the elements of the 
                intelligence community within the National Intelligence 
                Program; and
                    (C) the relationships between the elements of the 
                intelligence community within the National Intelligence 
                Program and the other elements of the intelligence 
                community;
            (2) recommend policies designed--
                    (A) to promote economy, efficiency, and 
                effectiveness in the administration of such programs 
                and operations, and in such relationships; and
                    (B) to prevent and detect fraud and abuse in such 
                programs, operations, and relationships;
            (3) provide a means for keeping the National Intelligence 
        Director fully and currently informed about--
                    (A) problems and deficiencies relating to the 
                administration of such programs and operations, and to 
                such relationships; and
                    (C) the necessity for, and the progress of, 
                corrective actions; and
            (4) in the manner prescribed by this section, ensure that 
        the congressional intelligence committees are kept similarly 
        informed of--
                    (A) significant problems and deficiencies relating 
                to the administration of such programs and operations, 
                and to such relationships; and
                    (B) the necessity for, and the progress of, 
                corrective actions.
    (c) Inspector General of National Intelligence Authority.--(1) 
There is an Inspector General of the National Intelligence Authority, 
who shall be the head of the Office of the Inspector General of the 
National Intelligence Authority, who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    (2) The nomination of an individual for appointment as Inspector 
General shall be made--
            (A) without regard to political affiliation;
            (B) solely on the basis of integrity, compliance with the 
        security standards of the National Intelligence Authority, and 
        prior experience in the field of intelligence or national 
        security; and
            (C) on the basis of demonstrated ability in accounting, 
        financial analysis, law, management analysis, public 
        administration, or auditing.
    (3) The Inspector General shall report directly to and be under the 
general supervision of the National Intelligence Director.
    (4) The Inspector General may be removed from office only by the 
President. The President shall immediately communicate in writing to 
the congressional intelligence committees the reasons for the removal 
of any individual from the position of Inspector General.
    (d) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the National Intelligence 
Authority--
            (1) to provide policy direction for, and to plan, conduct, 
        supervise, and coordinate independently, the investigations, 
        inspections, and audits relating to the programs and operations 
        of the National Intelligence Authority, the relationships among 
        the elements of the intelligence community within the National 
        Intelligence Program, and the relationships between the 
        elements of the intelligence community within the National 
        Intelligence Program and the other elements of the intelligence 
        community to ensure they are conducted efficiently and in 
        accordance with applicable law and regulations;
            (2) to keep the National Intelligence Director fully and 
        currently informed concerning violations of law and 
        regulations, violations of civil liberties and privacy, and 
        fraud and other serious problems, abuses, and deficiencies that 
        may occur in such programs and operations, and in such 
        relationships, and to report the progress made in implementing 
        corrective action;
            (3) to take due regard for the protection of intelligence 
        sources and methods in the preparation of all reports issued by 
        the Inspector General, and, to the extent consistent with the 
        purpose and objective of such reports, take such measures as 
        may be appropriate to minimize the disclosure of intelligence 
        sources and methods described in such reports; and
            (4) in the execution of the duties and responsibilities 
        under this section, to comply with generally accepted 
        government auditing standards.
    (e) Limitations on Activities.--(1) The National Intelligence 
Director may prohibit the Inspector General of the National 
Intelligence Authority from initiating, carrying out, or completing any 
investigation, inspection, or audit if the Director determines that 
such prohibition is necessary to protect vital national security 
interests of the United States.
    (2) If the Director exercises the authority under paragraph (1), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such authority within seven days to the 
congressional intelligence committees.
    (3) The Director shall advise the Inspector General at the time a 
report under paragraph (1) is submitted, and, to the extent consistent 
with the protection of intelligence sources and methods, provide the 
Inspector General with a copy of such report.
    (4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the Inspector 
General has notice under paragraph (3) that the Inspector General 
considers appropriate.
    (f) Authorities.--(1) The Inspector General of the National 
Intelligence Authority shall have direct and prompt access to the 
National Intelligence Director when necessary for any purpose 
pertaining to the performance of the duties of the Inspector General.
    (2)(A) The Inspector General shall have access to any employee, or 
any employee of a contractor, of the National Intelligence Authority, 
and of any other element of the intelligence community within the 
National Intelligence Program, whose testimony is needed for the 
performance of the duties of the Inspector General.
    (B) The Inspector General shall have direct access to all records, 
reports, audits, reviews, documents, papers, recommendations, or other 
material which relate to the programs and operations with respect to 
which the Inspector General has responsibilities under this section.
    (C) The level of classification or compartmentation of information 
shall not, in and of itself, provide a sufficient rationale for denying 
the Inspector General access to any materials under subparagraph (B).
    (D) Failure on the part of any employee or contractor of the 
National Intelligence Authority to cooperate with the Inspector General 
shall be grounds for appropriate administrative actions by the 
Director, including loss of employment or the termination of an 
existing contractual relationship.
    (3) The Inspector General is authorized to receive and investigate 
complaints or information from any person concerning the existence of 
an activity constituting a violation of laws, rules, or regulations, or 
mismanagement, gross waste of funds, abuse of authority, or a 
substantial and specific danger to the public health and safety. Once 
such complaint or information has been received from an employee of the 
Federal government--
            (A) the Inspector General shall not disclose the identity 
        of the employee without the consent of the employee, unless the 
        Inspector General determines that such disclosure is 
        unavoidable during the course of the investigation or the 
        disclosure is made to an official of the Department of Justice 
        responsible for determining whether a prosecution should be 
        undertaken; and
            (B) no action constituting a reprisal, or threat of 
        reprisal, for making such complaint may be taken by any 
        employee in a position to take such actions, unless the 
        complaint was made or the information was disclosed with the 
        knowledge that it was false or with willful disregard for its 
        truth or falsity.
    (4) The Inspector General shall have authority to administer to or 
take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath, affirmation, or affidavit when administered or taken by or 
before an employee of the Office of the Inspector General of the 
National Intelligence Authority designated by the Inspector General 
shall have the same force and effect as if administered or taken by or 
before an officer having a seal.
    (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of all 
information, documents, reports, answers, records, accounts, papers, 
and other data and documentary evidence necessary in the performance of 
the duties and responsibilities of the Inspector General.
    (B) In the case of departments, agencies, and other elements of the 
United States Government, the Inspector General shall obtain 
information, documents, reports, answers, records, accounts, papers, 
and other data and evidence for the purpose specified in subparagraph 
(A) using procedures other than by subpoenas.
    (C) The Inspector General may not issue a subpoena for or on behalf 
of any other element or component of the Authority.
    (D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    (g) Staff and Other Support.--(1) The Inspector General of the 
National Intelligence Authority shall be provided with appropriate and 
adequate office space at central and field office locations, together 
with such equipment, office supplies, maintenance services, and 
communications facilities and services as may be necessary for the 
operation of such offices.
    (2)(A) Subject to applicable law and the policies of the National 
Intelligence Director, the Inspector General shall select, appoint and 
employ such officers and employees as may be necessary to carry out the 
functions of the Inspector General.
    (B) In making selections under subparagraph (A), the Inspector 
General shall ensure that such officers and employees have the 
requisite training and experience to enable the Inspector General to 
carry out the duties of the Inspector General effectively.
    (C) In meeting the requirements of this paragraph, the Inspector 
General shall create within the Office of the Inspector General of the 
National Intelligence Authority a career cadre of sufficient size to 
provide appropriate continuity and objectivity needed for the effective 
performance of the duties of the Inspector General.
    (3)(A) Subject to the concurrence of the Director, the Inspector 
General may request such information or assistance as may be necessary 
for carrying out the duties and responsibilities of the Inspector 
General from any department, agency, or other element of the United 
States Government.
    (B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, agency, 
or element concerned shall, insofar as is practicable and not in 
contravention of any existing statutory restriction or regulation of 
the department, agency, or element, furnish to the Inspector General, 
or to an authorized designee, such information or assistance.
    (h) Reports.--(1)(A) The Inspector General of the National 
Intelligence Authority shall, not later than January 31 and July 31 of 
each year, prepare and submit to the National Intelligence Director a 
classified semiannual report summarizing the activities of the Office 
of the Inspector General of the National Intelligence Authority during 
the immediately preceding six-month periods ending December 31 (of the 
preceding year) and June 30, respectively.
    (B) Each report under this paragraph shall include, at a minimum, 
the following:
            (i) A list of the title or subject of each investigation, 
        inspection, or audit conducted during the period covered by 
        such report.
            (ii) A description of significant problems, abuses, and 
        deficiencies relating to the administration of programs and 
        operations of the National Intelligence Authority identified by 
        the Inspector General during the period covered by such report.
            (iii) A description of the recommendations for corrective 
        action made by the Inspector General during the period covered 
        by such report with respect to significant problems, abuses, or 
        deficiencies identified in clause (ii).
            (iv) A statement whether or not corrective action has been 
        completed on each significant recommendation described in 
        previous semiannual reports, and, in a case where corrective 
        action has been completed, a description of such corrective 
        action.
            (v) An assessment of the effectiveness of all measures in 
        place in the Authority for the protection of civil liberties 
        and privacy of United States persons.
            (vi) A certification whether or not the Inspector General 
        has had full and direct access to all information relevant to 
        the performance of the functions of the Inspector General.
            (vii) A description of the exercise of the subpoena 
        authority under subsection (f)(5) by the Inspector General 
        during the period covered by such report.
            (viii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote economy and 
        efficiency in the administration of programs and operations 
        undertaken by the Authority, and to detect and eliminate fraud 
        and abuse in such programs and operations.
    (C) Not later than the 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the report 
to the congressional intelligence committees together with any comments 
the Director considers appropriate.
    (2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of particularly 
serious or flagrant problems, abuses, or deficiencies relating to the 
administration of programs or operations of the Authority, a 
relationship between the elements of the intelligence community within 
the National Intelligence Program, or a relationship between an element 
of the intelligence community within the National Intelligence Program 
and another element of the intelligence community.
    (B) The Director shall transmit to the congressional intelligence 
committees each report under subparagraph (A) within seven calendar 
days of receipt of such report, together with such comments as the 
Director considers appropriate.
    (3) In the event that--
            (A) the Inspector General is unable to resolve any 
        differences with the Director affecting the execution of the 
        duties or responsibilities of the Inspector General;
            (B) an investigation, inspection, or audit carried out by 
        the Inspector General should focus on any current or former 
        Authority official who holds or held a position in the 
        Authority that is subject to appointment by the President, by 
        and with the advice and consent of the Senate, including such a 
        position held on an acting basis;
            (C) a matter requires a report by the Inspector General to 
        the Department of Justice on possible criminal conduct by a 
        current or former official described in subparagraph (B);
            (D) the Inspector General receives notice from the 
        Department of Justice declining or approving prosecution of 
        possible criminal conduct of any current or former official 
        described in subparagraph (B); or
            (E) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately notify and submit a report on 
such matter to the congressional intelligence committees.
    (4) Pursuant to title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.), the Director shall submit to the congressional 
intelligence committees any report or findings and recommendations of 
an investigation, inspection, or audit conducted by the office which 
has been requested by the Chairman or Ranking Minority Member of either 
committee.
    (5)(A) An employee of the Authority, an employee of an entity other 
than the Authority who is assigned or detailed to the Authority, or an 
employee of a contractor to the Authority who intends to report to 
Congress a complaint or information with respect to an urgent concern 
may report such complaint or information to the Inspector General.
    (B) Not later than the end of the 14-calendar day period beginning 
on the date of receipt from an employee of a complaint or information 
under subparagraph (A), the Inspector General shall determine whether 
the complaint or information appears credible. Upon making such a 
determination, the Inspector General shall transmit to the Director a 
notice of that determination, together with the complaint or 
information.
    (C) Upon receipt of a transmittal from the Inspector General under 
subparagraph (B), the Director shall, within seven calendar days of 
such receipt, forward such transmittal to the congressional 
intelligence committees, together with any comments the Director 
considers appropriate.
    (D)(i) If the Inspector General does not find credible under 
subparagraph (B) a complaint or information submitted under 
subparagraph (A), or does not transmit the complaint or information to 
the Director in accurate form under subparagraph (B), the employee 
(subject to clause (ii)) may submit the complaint or information to 
Congress by contacting either or both of the congressional intelligence 
committees directly.
    (ii) An employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            (I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the 
        employee's intent to contact the congressional intelligence 
        committees directly; and
            (II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the intelligence 
        committees in accordance with appropriate security practices.
    (iii) A member or employee of one of the congressional intelligence 
committees who receives a complaint or information under clause (i) 
does so in that member or employee's official capacity as a member or 
employee of such committee.
    (E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than three days 
after any such action is taken.
    (F) An action taken by the Director or the Inspector General under 
this paragraph shall not be subject to judicial review.
    (G) In this paragraph, the term ``urgent concern'' means any of the 
following:
            (i) A serious or flagrant problem, abuse, violation of law 
        or Executive order, or deficiency relating to the funding, 
        administration, or operations of an intelligence activity 
        involving classified information, but does not include 
differences of opinions concerning public policy matters.
            (ii) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            (iii) An action, including a personnel action described in 
        section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        subsection (f)(3)(B) of this section in response to an 
        employee's reporting an urgent concern in accordance with this 
        paragraph.
    (H) In support of this paragraph, Congress makes the findings set 
forth in paragraphs (1) through (6) of section 701(b) of the 
Intelligence Community Whistleblower Protection Act of 1998 (title VII 
of Public Law 105-272; 5 U.S.C. App. 8H note).
    (6) In accordance with section 535 of title 28, United States Code, 
the Inspector General shall report to the Attorney General any 
information, allegation, or complaint received by the Inspector General 
relating to violations of Federal criminal law that involve a program 
or operation of the Authority, consistent with such guidelines as may 
be issued by the Attorney General pursuant to subsection (b)(2) of such 
section. A copy of each such report shall be furnished to the Director.
    (i) Separate Budget Account.--The National Intelligence Director 
shall, in accordance with procedures to be issued by the Director in 
consultation with the congressional intelligence committees, include in 
the National Intelligence Program budget a separate account for the 
Office of Inspector General of the National Intelligence Authority.

SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE AUTHORITY.

    (a) Ombudsman of National Intelligence Authority.--There is within 
the National Intelligence Authority an Ombudsman of the National 
Intelligence Authority who shall be appointed by the National 
Intelligence Director.
    (b) Duties.--The Ombudsman of the National Intelligence Authority 
shall--
            (1) counsel, arbitrate, or offer recommendations on, and 
        have the authority to initiate inquiries into, real or 
        perceived problems of politicization, biased reporting, or lack 
        of objective analysis within the National Intelligence 
        Authority, or any element of the intelligence community within 
        the National Intelligence Program, or regarding any analysis of 
        national intelligence by any element of the intelligence 
        community;
            (2) monitor the effectiveness of measures taken to deal 
        with real or perceived politicization, biased reporting, or 
        lack of objective analysis within the Authority, or any element 
        of the intelligence community within the National Intelligence 
        Program, or regarding any analysis of national intelligence by 
        any element of the intelligence community; and
            (3) conduct reviews of the analytic product or products of 
        the Authority, or any element of the intelligence community 
        within the National Intelligence Program, or of any analysis of 
        national intelligence by any element of the intelligence 
        community, with such reviews to be conducted so as to ensure 
        that analysis is timely, objective, independent of political 
        considerations, and based upon all sources available to the 
        intelligence community.
    (c) Analytic Review Unit.--(1) There is within the Office of the 
Ombudsman of the National Intelligence Authority an Analytic Review 
Unit.
    (2) The Analytic Review Unit shall assist the Ombudsman of the 
National Intelligence Authority in performing the duties and 
responsibilities of the Ombudsman set forth in subsection (b)(3).
    (3) The Ombudsman shall provide the Analytic Review Unit a staff 
who possess expertise in intelligence analysis that is appropriate for 
the function of the Unit.
    (4) In assisting the Ombudsman, the Analytic Review Unit shall, 
subject to the direction and control of the Ombudsman, conduct detailed 
evaluations of intelligence analysis by the following:
            (A) The National Intelligence Council.
            (B) The elements of the intelligence community within the 
        National Intelligence Program.
            (C) To the extent involving the analysis of national 
        intelligence, other elements of the intelligence community.
            (D) The divisions, offices, programs, officers, and 
        employees of the elements specified in subparagraphs (B) and 
        (C).
    (5) The results of the evaluations under paragraph (4) shall be 
provided to the congressional intelligence committees and, upon 
request, to appropriate heads of other departments, agencies, and 
elements of the executive branch.
    (d) Access to Information.--In order to carry out the duties 
specified in subsection (c), the Ombudsman of the National Intelligence 
Authority shall, unless otherwise directed by the President, have 
access to all analytic products, field reports, and raw intelligence of 
any element of the intelligence community, and to any reports or other 
material of an Inspector General, that might be pertinent to a matter 
under consideration by the Ombudsman.
    (e) Annual Reports.--The Ombudsman of the National Intelligence 
Authority shall submit to the National Intelligence Director and the 
congressional intelligence committees on an annual basis a report that 
includes--
            (1) the assessment of the Ombudsman of the current level of 
        politicization, biased reporting, or lack of objective analysis 
        within the National Intelligence Authority, or any element of 
        the intelligence community within the National Intelligence 
        Program, or regarding any analysis of national intelligence by 
        any element of the intelligence community;
            (2) such recommendations for remedial measures as the 
        Ombudsman considers appropriate; and
            (3) an assessment of the effectiveness of remedial measures 
        previously taken within the intelligence community on matters 
        addressed by the Ombudsman.
    (f) Referral of Certain Matters for Investigation.--In addition to 
carrying out activities under this section, the Ombudsman of the 
National Intelligence Authority may refer serious cases of misconduct 
related to politicization of intelligence information, biased 
reporting, or lack of objective analysis within the intelligence 
community to the Inspector General of the National Intelligence 
Authority for investigation.

SEC. 143. NATIONAL COUNTERTERRORISM CENTER.

    (a) National Counterterrorism Center.--There is within the National 
Intelligence Authority a National Counterterrorism Center.
    (b) Director of National Counterterrorism Center.--(1) There is a 
Director of the National Counterterrorism Center, who shall be the head 
of the National Counterterrorism Center, and who shall be appointed by 
the President, by and with the advice and consent of the Senate.
    (2) Any individual nominated for appointment as the Director of the 
National Counterterrorism Center shall have significant expertise in 
matters relating to the national security of the United States and 
matters relating to terrorism that threatens the national security of 
the United States.
    (3) The individual serving as the Director of the National 
Counterterrorism Center may not, while so serving, serve in any 
capacity in any other element of the intelligence community, except to 
the extent that the individual serving as Director of the National 
Counterterrorism Center is doing so in an acting capacity.
    (c) Supervision.--(1) The Director of the National Counterterrorism 
Center shall report to the National Intelligence Director on--
            (A) the budget and programs of the National 
        Counterterrorism Center; and
            (B) the activities of the Directorate of Intelligence of 
        the National Counterterrorism Center under subsection (g).
    (2) The Director of the National Counterterrorism Center shall 
report to the President and the National Intelligence Director on the 
planning and progress of joint counterterrorism operations.
    (d) Primary Missions.--The primary missions of the National 
Counterterrorism Center shall be as follows:
            (1) To develop and unify strategy for the civilian and 
        military counterterrorism efforts of the United States 
        Government.
            (2) To integrate counterterrorism intelligence activities 
        of the United States Government, both inside and outside the 
        United States.
            (3) To develop interagency counterterrorism plans, which 
        plans shall--
                    (A) involve more than one department, agency, or 
                element of the executive branch (unless otherwise 
                directed by the President); and
                    (B) include the mission, objectives to be achieved, 
                courses of action, parameters for such courses of 
                action, coordination of agency operational activities, 
                recommendations for operational plans, and assignment 
                of departmental or agency responsibilities.
            (4) To ensure that the collection of counterterrorism 
        intelligence, and the conduct of counterterrorism operations, 
        by the United States Government are informed by the analysis of 
        all-source intelligence.
    (e) Duties and Responsibilities of Director of National 
Counterterrorism Center.--Notwithstanding any other provision of law, 
at the direction of the President, the National Security Council, and 
the National Intelligence Director, the Director of the National 
Counterterrorism Center shall--
            (1) serve as the principal adviser to the President and the 
        National Intelligence Director on joint operations relating to 
        counterterrorism;
            (2) provide unified strategic direction for the civilian 
        and military counterterrorism efforts of the United States 
        Government and for the effective integration and deconfliction 
        of counterterrorism intelligence and operations across agency 
        boundaries, both inside and outside the United States;
            (3) advise the President and 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 and the National 
        Security Council;
            (4) in accordance with subsection (f), concur in, or advise 
        the President on, the selections of personnel to head the 
        operating entities of the United States Government with 
        principal missions relating to counterterrorism; and
            (5) perform such other duties as the National Intelligence 
        Director may prescribe or are prescribed by law.
    (f) Role of Director of National Counterterrorism Center in Certain 
Appointments.--(1) In the event of a vacancy in a position referred to 
in paragraph (2), the head of the department or agency having 
jurisdiction over the position shall obtain the concurrence of the 
Director of the National Counterterrorism Center before appointing an 
individual to fill the vacancy or recommending to the President an 
individual for nomination to fill the vacancy. If the Director does not 
concur in the recommendation, the head of the department or agency 
concerned may fill the vacancy or make the recommendation to the 
President (as the case may be) without the concurrence of the Director, 
but shall notify the President that the Director does not concur in the 
appointment or recommendation (as the case may be).
    (2) Paragraph (1) applies to the following positions:
            (A) The Director of the Central Intelligence Agency's 
        Counterterrorist Center.
            (B) The Assistant Director of the Federal Bureau of 
        Investigation in charge of the Counterterrorism Division.
            (C) The Coordinator for Counterterrorism of the Department 
        of State.
            (D) The head of such other operating entities of the United 
        States Government having principal missions relating to 
        counterterrorism as the President may designate for purposes of 
        this subsection.
    (3) The President shall notify Congress of the designation of an 
operating entity of the United States Government under paragraph (2)(D) 
not later than 30 days after the date of such designation.
    (g) Directorate of Intelligence.--(1) The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Intelligence.
    (2) The Directorate shall utilize the capabilities of the Terrorist 
Threat Integration Center (TTIC) transferred to the Directorate by 
section 323 and such other capabilities as the Director of the National 
Counterterrorism Center considers appropriate.
    (3) The Directorate shall have primary responsibility within the 
United States Government for analysis of terrorism and terrorist 
organizations from all sources of intelligence, whether collected 
inside or outside the United States.
    (4) The Directorate shall--
            (A) be the principal repository within the United States 
        Government for all-source information on suspected terrorists, 
        their organizations, and their capabilities;
            (B) propose intelligence collection requirements for action 
        by elements of the intelligence community inside and outside 
        the United States;
            (C) have primary responsibility within the United States 
        Government for net assessments and warnings about terrorist 
        threats, which assessments and warnings shall be based on a 
        comparison of terrorist intentions and capabilities with 
        assessed national vulnerabilities and countermeasures; and
            (D) perform such other duties and functions as the Director 
        of the National Counterterrorism Center may prescribe.
    (h) Directorate of Planning.--(1) The Director of the National 
Counterterrorism Center shall establish and maintain within the 
National Counterterrorism Center a Directorate of Planning.
    (2) The Directorate shall have primary responsibility for 
developing interagency counterterrorism plans, as described in 
subsection (d)(3).
    (3) The Directorate shall--
            (A) provide guidance, and develop strategy and interagency 
        plans, to counter terrorist activities based on policy 
        objectives and priorities established by the National Security 
        Council;
            (B) develop interagency plans under subparagraph (A) 
        utilizing input from personnel in other departments, agencies, 
        and elements of the United States Government who have expertise 
        in the priorities, functions, assets, programs, capabilities, 
        and operations of such departments, agencies, and elements with 
        respect to counterterrorism;
            (C) assign responsibilities for counterterrorism operations 
        to the departments and agencies of the United States Government 
        (including the Department of Defense, the Central Intelligence 
        Agency, the Federal Bureau of Investigation, the Department of 
        Homeland Security, and other departments and agencies of the 
        United States Government), consistent with the authorities of 
        such departments and agencies;
            (D) monitor the implementation of operations assigned under 
        subparagraph (C) and update interagency plans for such 
        operations as necessary;
            (E) report to the President and the National Intelligence 
        Director on the compliance of the departments, agencies, and 
        elements of the United States with the plans developed under 
        subparagraph (A); and
            (F) perform such other duties and functions as the Director 
        of the National Counterterrorism Center may prescribe.
    (4) The Directorate may not direct the execution of operations 
assigned under paragraph (3).
    (i) Staff.--(1) The National Intelligence Director may appoint 
deputy directors of the National Counterterrorism Center to oversee 
such portions of the operations of the Center as the National 
Intelligence Director considers appropriate.
    (2) To assist the Director of the National Counterterrorism Center 
in fulfilling the duties and responsibilities of the Director of the 
National Counterterrorism Center under this section, the National 
Intelligence Director shall employ in the National Counterterrorism 
Center a professional staff having an expertise in matters relating to 
such duties and responsibilities.
    (3) In providing for a professional staff for the National 
Counterterrorism Center under paragraph (2), the National Intelligence 
Director may establish as positions in the excepted service such 
positions in the Center as the National Intelligence Director considers 
appropriate.
    (4) The National Intelligence Director shall ensure that the 
analytical staff of the National Counterterrorism Center is comprised 
primarily of experts from elements in the intelligence community and 
from such other personnel in the United States Government as the 
National Intelligence Director considers appropriate.
    (5)(A) In order to meet the requirements in paragraph (4), the 
National Intelligence Director shall, from time to time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to 
        the National Counterterrorism Center from any other element of 
        the intelligence community that the National Intelligence 
        Director considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government and not funded within 
        the National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (6) Personnel employed in or assigned or detailed to the National 
Counterterrorism Center under this subsection shall be under the 
authority, direction, and control of the Director of the National 
Counterterrorism Center on all matters for which the Center has been 
assigned responsibility and for all matters related to the 
accomplishment of the missions of the Center.
    (7) Performance evaluations of personnel assigned or detailed to 
the National Counterterrorism Center under this subsection shall be 
undertaken by the supervisors of such personnel at the Center.
    (8) The supervisors of the staff of the National Counterterrorism 
Center may, with the approval of the National Intelligence Director, 
reward the staff of the Center for meritorious performance by the 
provision of such performance awards as the National Intelligence 
Director shall prescribe.
    (9) The National Intelligence Director may delegate to the Director 
of the National Counterterrorism Center any responsibility, power, or 
authority of the National Intelligence Director under paragraphs (1) 
through (8).
    (10) The National Intelligence Director shall ensure that the staff 
of the National Counterterrorism Center has access to all databases 
maintained by the elements of the intelligence community that are 
relevant to the duties of the Center.
    (j) Support and Cooperation of Other Agencies.--(1) The elements of 
the intelligence community and the other departments, agencies, and 
elements of the United States Government shall support, assist, and 
cooperate with the National Counterterrorism Center in carrying out its 
missions under this section.
    (2) The support, assistance, and cooperation of a department, 
agency, or element of the United States Government under this 
subsection shall include, but not be limited to--
            (A) the implementation of interagency plans for operations, 
        whether foreign or domestic, that are developed by the National 
        Counterterrorism Center in a manner consistent with the laws 
        and regulations of the United States and consistent with the 
        limitation in subsection (h)(4);
            (B) cooperative work with the Director of the National 
        Counterterrorism Center to ensure that ongoing operations of 
        such department, agency, or element do not conflict with joint 
        operations planned by the Center;
            (C) reports, upon request, to the Director of the National 
        Counterterrorism Center on the progress of such department, 
        agency, or element in implementing responsibilities assigned to 
        such department, agency, or element through joint operations 
        plans; and
            (D) the provision to the analysts of the National 
        Counterterrorism Center electronic access in real time to 
        information and intelligence collected by such department, 
        agency, or element that is relevant to the missions of the 
        Center.
    (3) In the event of a disagreement between the National 
Intelligence Director and the head of a department, agency, or element 
of the United States Government on a plan developed or responsibility 
assigned by the National Counterterrorism Center under this subsection, 
the National Intelligence Director may either accede to the head of the 
department, agency, or element concerned or notify the President of the 
necessity of resolving the disagreement.

SEC. 144. NATIONAL INTELLIGENCE CENTERS.

    (a) National Intelligence Centers.--(1) The National Intelligence 
Director may establish within the National Intelligence Authority one 
or more centers (to be known as ``national intelligence centers'') to 
address intelligence priorities established by the National Security 
Council.
    (2) Each national intelligence center established under this 
section shall be assigned an area of intelligence responsibility.
    (3) National intelligence centers shall be established at the 
direction of the President, as prescribed by law, or upon the 
initiative of the National Intelligence Director.
    (b) Establishment of Centers.--(1) In establishing a national 
intelligence center, the National Intelligence Director shall assign 
lead responsibility for administrative support for such center to an 
element of the intelligence community selected by the Director for that 
purpose.
    (2) The Director shall determine the structure and size of each 
national intelligence center.
    (3) The Director shall notify Congress of the establishment of each 
national intelligence center before the date of the establishment of 
such center.
    (c) Directors of Centers.--(1) Each national intelligence center 
shall have as its head a Director who shall be appointed by the 
National Intelligence Director for that purpose.
    (2) The Director of a national intelligence center shall serve as 
the principal adviser to the National Intelligence Director on 
intelligence matters with respect to the area of intelligence 
responsibility assigned to the center.
    (3) In carrying out duties under paragraph (2), the Director of a 
national intelligence center shall--
            (A) manage the operations of the center;
            (B) coordinate the provision of administration and support 
        by the element of the intelligence community with lead 
        responsibility for the center under subsection (b)(1);
            (C) submit budget and personnel requests for the center to 
        the National Intelligence Director;
            (D) seek such assistance from other departments, agencies, 
        and elements of the United States Government as is needed to 
        fulfill the mission of the center; and
            (E) advise the National Intelligence Director of the 
        information technology, personnel, and other requirements of 
        the center for the performance of its mission.
    (4) The National Intelligence Director shall ensure that the 
Director of a national intelligence center has sufficient authority, 
direction, and control to effectively accomplish the mission of the 
center.
    (d) Mission of Centers.--Pursuant to the direction of the National 
Intelligence Director, each national intelligence center shall, in the 
area of intelligence responsibility assigned to the center by the 
Director pursuant to intelligence priorities established by the 
National Security Council--
            (1) have primary responsibility for providing all-source 
        analysis of intelligence based upon foreign intelligence 
        gathered both abroad and domestically;
            (2) have primary responsibility for identifying and 
        proposing to the National Intelligence Director intelligence 
        collection and analysis requirements;
            (3) have primary responsibility for net assessments and 
        warnings;
            (4) ensure that appropriate officials of the United States 
        Government and other appropriate officials have access to a 
        variety of intelligence assessments and analytical views; and
            (5) perform such other duties as the National Intelligence 
        Director shall specify.
    (e) Information Sharing.--(1) The National Intelligence Director 
shall ensure that the Directors of the national intelligence centers 
and the other elements of the intelligence community undertake 
appropriate sharing of intelligence analysis and plans for operations 
in order to facilitate the activities of the centers.
    (2) In order to facilitate information sharing under paragraph (1), 
the Directors of the national intelligence centers shall--
            (A) report directly to the National Intelligence Director 
        regarding their activities under this section; and
            (B) coordinate with the Principal Deputy National 
        Intelligence Director regarding such activities.
    (f) Staff.--(1) In providing for a professional staff for a 
national intelligence center, the National Intelligence Director may 
establish as positions in the excepted service such positions in the 
center as the National Intelligence Director considers appropriate.
    (2)(A) The National Intelligence Director shall, from time to 
time--
            (i) specify the transfers, assignments, and details of 
        personnel funded within the National Intelligence Program to a 
        national intelligence center from any other element of the 
        intelligence community that the National Intelligence Director 
        considers appropriate; and
            (ii) in the case of personnel from a department, agency, or 
        element of the United States Government not funded within the 
        National Intelligence Program, request the transfer, 
        assignment, or detail of such personnel from the department, 
        agency, or other element concerned.
    (B)(i) The head of an element of the intelligence community shall 
promptly effect any transfer, assignment, or detail of personnel 
specified by the National Intelligence Director under subparagraph 
(A)(i).
    (ii) The head of a department, agency, or element of the United 
States Government receiving a request for transfer, assignment, or 
detail of personnel under subparagraph (A)(ii) shall, to the extent 
practicable, approve the request.
    (3) Personnel employed in or assigned or detailed to a national 
intelligence center under this subsection shall be under the authority, 
direction, and control of the Director of the center on all matters for 
which the center has been assigned responsibility and for all matters 
related to the accomplishment of the mission of the center.
    (4) Performance evaluations of personnel assigned or detailed to a 
national intelligence center under this subsection shall be undertaken 
by the supervisors of such personnel at the center.
    (5) The supervisors of the staff of a national center may, with the 
approval of the National Intelligence Director, reward the staff of the 
center for meritorious performance by the provision of such performance 
awards as the National Intelligence Director shall prescribe.
    (6) The National Intelligence Director may delegate to the Director 
of a national intelligence center any responsibility, power, or 
authority of the National Intelligence Director under paragraphs (1) 
through (6).
    (7) The Director of a national intelligence center may recommend to 
the National Intelligence Director the reassignment to the home element 
concerned of any personnel previously assigned or detailed to the 
center from another element of the intelligence community.
    (g) Termination.--(1) The National Intelligence Director may 
terminate a national intelligence center if the National Intelligence 
Director determines that the center is no longer required to meet an 
intelligence priority established by the National Security Council.
    (2) The National Intelligence Director shall notify Congress of any 
determination made under paragraph (1) before carrying out such 
determination.

 Subtitle E--Education and Training of Intelligence Community Personnel

SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING.

    The National Intelligence Director shall establish an integrated 
framework that brings together the educational components of the 
intelligence community in order to promote a more effective and 
productive intelligence community through cross-disciplinary education 
and joint training.

SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means each element of the 
        intelligence community as determined by the National 
        Intelligence Director.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term under section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (3) Program.--The term ``Program'' means the Intelligence 
        Community Scholarship Program established under subsection (b).
    (b) Establishment.--
            (1) In general.--The National Intelligence Director, in 
        consultation with the head of each agency, shall establish a 
        scholarship program (to be known as the ``Intelligence 
        Community Scholarship Program'') to award scholarships to 
        individuals that is designed to recruit and prepare students 
        for civilian careers in the intelligence community to meet the 
critical needs of the intelligence community agencies.
            (2) Selection of recipients.--
                    (A) Merit and agency needs.--Individuals shall be 
                selected to receive scholarships under this section 
                through a competitive process primarily on the basis of 
                academic merit and the needs of the agency.
                    (B) Demonstrated commitment.--Individuals selected 
                under this section shall have a demonstrated commitment 
                to the field of study for which the scholarship is 
                awarded.
            (3) Contractual agreements.--To carry out the Program the 
        head of each agency shall enter into contractual agreements 
        with individuals selected under paragraph (2) under which the 
        individuals agree to serve as full-time employees of the 
        agency, for the period described in subsection (h)(1), in 
        positions needed by the agency and for which the individuals 
        are qualified, in exchange for receiving a scholarship.
    (c) Eligibility.--In order to be eligible to participate in the 
Program, an individual shall--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education and be pursuing 
        or intend to pursue undergraduate or graduate education in an 
        academic field or discipline described in the list made 
        available under subsection (e);
            (2) be a United States citizen; and
            (3) at the time of the initial scholarship award, not be an 
        employee (as defined under section 2105 of title 5, United 
        States Code).
    (d) Application.-- An individual seeking a scholarship under this 
section shall submit an application to the National Intelligence 
Director at such time, in such manner, and containing such information, 
agreements, or assurances as the Director may require.
    (e) Programs and Fields of Study.--The National Intelligence 
Director shall--
            (1) make publicly available a list of academic programs and 
        fields of study for which scholarships under the Program may be 
        used; and
            (2) update the list as necessary.
    (f) Scholarships.--
            (1) In general.--The National Intelligence Director may 
        provide a scholarship under the Program for an academic year if 
        the individual applying for the scholarship has submitted to 
        the Director, as part of the application required under 
        subsection (d), a proposed academic program leading to a degree 
        in a program or field of study on the list made available under 
        subsection (e).
            (2) Limitation on years.--An individual may not receive a 
        scholarship under this section for more than 4 academic years, 
        unless the National Intelligence Director grants a waiver.
            (3) Student responsibilities.--Scholarship recipients shall 
        maintain satisfactory academic progress.
            (4) Amount.--The dollar amount of a scholarship under this 
        section for an academic year shall be determined under 
        regulations issued by the National Intelligence Director, but 
        shall in no case exceed the cost of tuition, fees, and other 
        authorized expenses as established by the Director.
            (5) Use of scholarships.--A scholarship provided under this 
        section may be expended for tuition, fees, and other authorized 
        expenses as established by the National Intelligence Director 
        by regulation.
            (6) Payment to institution of higher education.--The 
        National Intelligence Director may enter into a contractual 
        agreement with an institution of higher education under which 
        the amounts provided for a scholarship under this section for 
        tuition, fees, and other authorized expenses are paid directly 
        to the institution with respect to which the scholarship is 
        provided.
    (g) Special Consideration for Current Employees.--
            (1) Set aside of scholarships.--Notwithstanding paragraphs 
        (1) and (3) of subsection (c), 10 percent of the scholarships 
        awarded under this section shall be set aside for individuals 
        who are employees of agencies on the date of enactment of this 
        section to enhance the education of such employees in areas of 
        critical needs of agencies.
            (2) Full- or part-time education.--Employees who are 
        awarded scholarships under paragraph (1) shall be permitted to 
        pursue undergraduate or graduate education under the 
        scholarship on a full-time or part-time basis.
    (h) Employee Service.--
            (1) Period of service.--Except as provided in subsection 
        (j)(2), the period of service for which an individual shall be 
        obligated to serve as an employee of the agency is 24 months 
        for each academic year for which a scholarship under this 
        section is provided. Under no circumstances shall the total 
period of obligated service be more than 8 years.
            (2) Beginning of service.--
                    (A) In general.--Except as provided in subparagraph 
                (B), obligated service under paragraph (1) shall begin 
                not later than 60 days after the individual obtains the 
                educational degree for which the scholarship was 
                provided.
                    (B) Deferral.--In accordance with regulations 
                established by the National Intelligence Director, the 
                Director or designee may defer the obligation of an 
                individual to provide a period of service under 
                paragraph (1) if the Director or designee determines 
                that such a deferral is appropriate.
    (i) Repayment.--
            (1) In general.--Scholarship recipients who fail to 
        maintain a high level of academic standing, as defined by the 
        National Intelligence Director, who are dismissed from their 
        educational institutions for disciplinary reasons, or who 
        voluntarily terminate academic training before graduation from 
        the educational program for which the scholarship was awarded, 
        shall be in breach of their contractual agreement and, in lieu 
        of any service obligation arising under such agreement, shall 
        be liable to the United States for repayment within 1 year 
        after the date of default of all scholarship funds paid to them 
        and to the institution of higher education on their behalf 
        under the agreement, except as provided in subsection (j)(2). 
        The repayment period may be extended by the Director when 
        determined to be necessary, as established by regulation.
            (2) Liability.--Scholarship recipients who, for any reason, 
        fail to begin or complete their service obligation after 
        completion of academic training, or fail to comply with the 
        terms and conditions of deferment established by the National 
        Intelligence Director under subsection (h)(2)(B), shall be in 
        breach of their contractual agreement. When recipients breach 
        their agreements for the reasons stated in the preceding 
        sentence, the recipient shall be liable to the United States 
        for an amount equal to--
                    (A) the total amount of scholarships received by 
                such individual under this section; and
                    (B) the interest on the amounts of such awards 
                which would be payable if at the time the awards were 
                received they were loans bearing interest at the 
                maximum legal prevailing rate, as determined by the 
                Treasurer of the United States, multiplied by 3.
    (j) Cancellation, Waiver, or Suspension of Obligation.--
            (1) Cancellation.--Any obligation of an individual incurred 
        under the Program (or a contractual agreement thereunder) for 
        service or payment shall be canceled upon the death of the 
        individual.
            (2) Waiver or suspension.--The National Intelligence 
        Director shall prescribe regulations to provide for the partial 
        or total waiver or suspension of any obligation of service or 
        payment incurred by an individual under the Program (or a 
        contractual agreement thereunder) whenever compliance by the 
        individual is impossible or would involve extreme hardship to 
        the individual, or if enforcement of such obligation with 
        respect to the individual would be contrary to the best 
        interests of the Government.
    (k) Regulations.--The National Intelligence Director shall 
prescribe regulations necessary to carry out this section.

 Subtitle F--Additional Authorities of National Intelligence Authority

SEC. 161. USE OF APPROPRIATED FUNDS.

    (a) Disposal of Property.--(1) If specifically authorized to 
dispose of real property of the National Intelligence Authority under 
any law enacted after the date of the enactment of this Act, the 
National Intelligence Director shall, subject to paragraph (2), 
exercise such authority in strict compliance with subchapter IV of 
chapter 5 of title 40, United States Code.
    (2) The Director shall deposit the proceeds of any disposal of 
property of the National Intelligence Authority into the miscellaneous 
receipts of the Treasury in accordance with section 3302(b) of title 
31, United States Code.
    (b) Gifts.--Gifts or donations of services or property of or for 
the National Intelligence Authority may not be accepted, used, or 
disposed of unless specifically permitted in advance in an 
appropriations Act and only under the conditions and for the purposes 
specified in such appropriations Act.

SEC. 162. ACQUISITION AND FISCAL AUTHORITIES.

    (a) Acquisitions of Major Systems.--(1) For each intelligence 
program for the acquisition of a major system, the National 
Intelligence Director shall--
            (A) require the development and implementation of a program 
        management plan that includes cost, schedule, and performance 
        goals and program milestone criteria;
            (B) subject to paragraph (4), serve as the exclusive 
        milestone decision authority; and
            (C) periodically--
                    (i) review and assess the progress made toward the 
                achievement of the goals and milestones established in 
                such plan; and
                    (ii) submit to Congress a report on the results of 
                such review and assessment.
    (2) The National Intelligence Director shall prescribe guidance for 
the development and implementation of program management plans under 
this subsection. In prescribing such guidance, the Director shall 
review Department of Defense guidance on program management plans for 
Department of Defense programs for the acquisition of major systems 
and, to the extent feasible, incorporate the principles of the 
Department of Defense guidance into the Director's guidance under this 
subsection.
    (3) Nothing in this subsection may be construed to limit the 
authority of the National Intelligence Director to delegate to any 
other official any authority to perform the responsibilities of the 
Director under this subsection.
    (4)(A) The authority conferred by paragraph (1)(B) shall not apply 
to Department of Defense programs until the National Intelligence 
Director, in consultation with the Secretary of Defense, determines 
that the National Intelligence Authority has the personnel and 
capability to fully and effectively carry out such authority.
    (B) The National Intelligence Director may assign any authority 
under this subsection to the Secretary of Defense. The assignment of 
such authority shall be made pursuant to a memorandum of understanding 
between the Director and the Secretary.
    (5) In this subsection:
            (A) The term ``intelligence program'', with respect to the 
        acquisition of a major system, means a program that--
                    (i) is carried out to acquire such major system for 
                an element of the intelligence community; and
                    (ii) is funded in whole out of amounts available 
                for the National Intelligence Program.
            (B) The term ``major system'' has the meaning given such 
        term in section 4(9) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 403(9)).
    (b) Availability of Funds.--Notwithstanding any other provision of 
law (other than the provisions of this Act), sums appropriated or 
otherwise made available to the National Intelligence Authority may be 
expended for purposes necessary to carry out its functions, including 
any function performed by the National Intelligence Authority that is 
described in section 8(a) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403j(a)).
    (c) Relationship of Director's Authority to Other Laws on 
Acquisition and Management of Property and Services.--Section 113(e) of 
title 40, United States Code, is amended--
            (A) by striking ``or'' at the end of paragraph (18);
            (B) by striking the period at the end of paragraph (19) and 
        inserting ``; or''; and
            (C) by adding at the end the following new paragraph:
            ``(20) the National Intelligence Director.''.
    (d) National Intelligence Director Report on Enhancement of NSA and 
NGIA Acquisition Authorities.--Not later than one year after the date 
of the enactment of this Act, the National Intelligence Director 
shall--
            (1) review--
                    (A) the acquisition authority of the Director of 
                the National Security Agency; and
                    (B) the acquisition authority of the Director of 
                the National Geospatial-Intelligence Agency; and
            (2) submit to the Committee on Governmental Affairs of the 
        Senate and the Committee on Government Reform of the House of 
        Representatives a report setting forth any recommended 
        enhancements of the acquisition authorities of the Director of 
        the National Security Agency and the Director of the National 
        Geospatial-Intelligence Agency that the National Intelligence 
        Director considers necessary.
    (e) Comptroller General Report on Acquisition Policies and 
Procedures.--Not later than two years after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report on the extent to which the policies and procedures 
adopted for managing the acquisition of major systems for national 
intelligence purposes, as identified by the National Intelligence 
Director, are likely to result in successful cost, schedule, and 
performance outcomes.

SEC. 163. PERSONNEL MATTERS.

    (a) In General.--In addition to the authorities provided in section 
114, the National Intelligence Director may exercise with respect to 
the personnel of the National Intelligence Authority 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 
Act 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.
    (b) Rights and Protections of Employees and Applicants.--Employees 
and applicants for employment of the National Intelligence Authority 
shall have the same rights and protections under the Authority 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 Act.

SEC. 164. ETHICS MATTERS.

    (a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of 
title 5, United States Code, is amended--
            (1) in subclause (XII), by striking ``or'' at the end; and
            (2) by inserting after subclause (XIII) the following new 
        subclause:
                    ``(XIV) the National Intelligence Authority; 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 National Intelligence 
Authority, 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 
National Intelligence Authority,'' before ``the Central Intelligence 
Agency''.

                     TITLE II--INFORMATION SHARING

SEC. 201. INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Network.--The term ``Network'' means the Information 
        Sharing Network described in subsection (c).
            (2) Terrorism information.--The term ``terrorism 
        information'' means all information, whether collected, 
        produced, or distributed by intelligence, law enforcement, 
        military, homeland security, or other activities, relating to--
                    (A) the existence, organization, capabilities, 
                plans, intentions, vulnerabilities, means of finance or 
                material support, or activities of foreign or 
                international terrorist groups or individuals, or of 
                domestic groups or individuals involved in 
                transnational terrorism;
                    (B) threats posed by such groups or individuals to 
                the United States, United States persons, or United 
                States interests, or to those of other nations;
                    (C) communications of or by such groups or 
                individuals; or
                    (D) information relating to groups or individuals 
                reasonably believed to be assisting or associated with 
                such groups or individuals.
    (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. But the United 
        States Government has a weak system for processing and using 
        the information it has.
            (3) In the period leading up to 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 
        overclassification 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 terrorism 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 an 
        information sharing network to promote the sharing of terrorism 
        information, in a manner consistent with national security and 
        the protection of privacy and civil liberties.
            (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 
                horizontally across agencies, vertically between levels 
                of government, and, as appropriate, with the private 
                sector;
                    (B) building on existing systems capabilities at 
                relevant agencies;
                    (C) utilizing industry best practices, including 
                minimizing the centralization of data and seeking to 
                use common tools and capabilities whenever possible;
                    (D) employing an information rights management 
                approach that controls access to data rather than to 
                whole networks;
                    (E) 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;
                    (F) providing directory services for locating 
                people and information;
                    (G) incorporating protections for individuals' 
                privacy and civil liberties;
                    (H) incorporating mechanisms for information 
                security; and
                    (I) access controls, authentication and 
                authorization, audits, and other strong mechanisms for 
                information security and privacy guideline enforcement 
                across all levels of security, in order to enhance 
                accountability and facilitate oversight.
    (d) Immediate Steps.--Not later than 90 days after the date of 
enactment of this Act, the President, through the Director of 
Management and Budget and in consultation with the National 
Intelligence Director, the Attorney General, the Secretary of Homeland 
Security, the Secretary of Defense, the Secretary of State, the 
Director of the Federal Bureau of Investigation, the Director of the 
Central Intelligence Agency, and such other Federal officials as the 
President shall designate, shall--
            (1) establish electronic directory services to assist in 
        locating in the Federal Government terrorism information and 
        people with relevant knowledge about terrorism information; and
            (2) conduct a review of relevant current Federal agency 
        capabilities, including a baseline inventory of current Federal 
        systems that contain terrorism information, the money currently 
        spent to maintain those systems, and identification of other 
        information that should be included in the Network.
    (e) Guidelines.--As soon as possible, but in no event later than 
180 days after the date of enactment of this Act, the President shall--
            (1) in consultation with the National Intelligence Director 
        and the Advisory Council on Information Sharing established in 
        subsection (g), issue guidelines for acquiring, accessing, 
        sharing, and using terrorism information, including guidelines 
        to ensure such information is provided in its most shareable 
        form, such as by separating out data from the sources and 
        methods by which they are obtained;
            (2) in consultation with the Privacy and Civil Liberties 
        Oversight Board established under section 901, 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;
            (3) establish objective, systemwide performance measures to 
        enable the assessment of progress toward achieving full 
        implementation of the Network; and
            (4) require 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) System Design and Implementation Plan.--Not later than 270 days 
after the date of enactment of this Act, the President shall submit to 
Congress a system design and implementation plan for the Network. The 
plan shall be prepared by the President through the Director of 
Management and Budget and in consultation with the National 
Intelligence Director, the Attorney General, the Secretary of Homeland 
Security, the Secretary of Defense, the Secretary of State, the 
Director of the Federal Bureau of Investigation, the Director of the 
Central Intelligence Agency, and such other Federal officials as the 
President shall designate, and shall include--
            (1) a description of the parameters of the proposed 
        Network, including functions, capabilities, and resources;
            (2) a description of the technological, legal, and policy 
        issues presented by the creation of the Network described in 
        subsection (c), and the ways in which these issues will be 
        addressed;
            (3)(A) a delineation of the roles of the Federal 
        departments and agencies that will participate in the 
        development of the Network, including--
                    (i) 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); and
                    (ii) identification of any agency that will operate 
                and manage the Network (as distinct from the individual 
                agency components that are to be part of the Network);
            (B) a provision that the delineation of roles under 
        subparagraph (A) shall--
                    (i) be consistent with the authority of the 
                National Intelligence Director, under this Act, to set 
                standards for information sharing and information 
                technology throughout the intelligence community; and
                    (ii) recognize the role of the Department of 
                Homeland Security in coordinating with State, tribal, 
                and local officials and the private sector;
            (4) 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;
            (5) a plan, including a time line, for the development and 
        phased implementation of the Network;
            (6) total budget requirements to develop and implement the 
        Network, including the estimated annual cost for each of the 5 
        years following the date of enactment of this Act; and
            (7) proposals for any legislation that the President 
        believes necessary to implement the Network.
    (g) Advisory Council on Information Sharing.--
            (1) Establishment.--There is established an Advisory 
        Council on Information Sharing (in this subsection referred to 
        as the ``Council'').
            (2) Membership.--No more than 25 individuals may serve as 
        members of the Council, which shall include--
                    (A) the National Intelligence Director, who shall 
                serve as Chairman of the Council;
                    (B) the Secretary of Homeland Security;
                    (C) the Secretary of Defense;
                    (D) the Attorney General;
                    (E) the Secretary of State;
                    (F) the Director of the Central Intelligence 
                Agency;
                    (G) the Director of the Federal Bureau of 
                Investigation;
                    (H) the Director of Management and Budget;
                    (I) such other Federal officials as the President 
                shall designate;
                    (J) representatives of State, tribal, and local 
                governments, to be appointed by the President;
                    (K) individuals from outside government with 
                expertise in relevant technology, security and privacy 
                concepts, to be appointed by the President; and
                    (L) 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 Council shall--
                    (A) advise the President and the heads of relevant 
                Federal departments and agencies on the implementation 
                of the Network;
                    (B) ensure that there is coordination among 
                participants in the Network in the development and 
                implementation of the Network;
                    (C) review, on an ongoing basis, policy, legal and 
                technology issues related to the implementation of the 
                Network; and
                    (D) establish a dispute resolution process to 
                resolve disagreements among departments and agencies 
                about whether particular terrorism information should 
                be shared and in what manner.
            (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) Informing the public.--The Council shall hold public 
        hearings and otherwise inform the public of its activities, as 
        appropriate and in a manner consistent with the protection of 
        classified information and applicable law.
            (6) Council reports.--Not later than 1 year after the date 
        of enactment of this Act and annually thereafter, the National 
        Intelligence Director, in the capacity of Chairman of the 
        Council, shall submit a report 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.
    (h) Presidential Reports.--Not later than 1 year after the date of 
enactment of this Act, and semiannually thereafter, the President shall 
submit a report to Congress on the state of the Network. The report 
shall include--
            (1) a progress report on the extent to which the Network 
        has been implemented, including how the Network has fared on 
        the governmentwide and agency-specific performance measures and 
        whether the performance goals set in the preceding year have 
        been met;
            (2) objective systemwide performance goals for the 
        following year;
            (3) an accounting of how much was spent on the Network in 
        the preceding year;
            (4) 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;
            (5) 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;
            (6) the extent to which unnecessary roadblocks or 
        disincentives to information sharing, including the 
        inappropriate use of paper-only intelligence products and 
        requirements for originator approval, have been eliminated;
            (7) the extent to which positive incentives for information 
        sharing have been implemented;
            (8) the extent to which classified information is also made 
        available through the Network, in whole or in part, in 
        unclassified form;
            (9) the extent to which State, tribal, and local 
        officials--
                    (A) are participating in the Network;
                    (B) have systems which have become integrated into 
                the Network;
                    (C) are providing as well as receiving information; 
                and
                    (D) are using the Network to communicate with each 
                other;
            (10) the extent to which--
                    (A) private sector data, including information from 
                owners and operators of critical infrastructure, is 
                incorporated in the Network; and
                    (B) the private sector is both providing and 
                receiving information;
            (11) where private sector data has been used by the 
        Government or has been incorporated into the Network--
                    (A) the measures taken to protect sensitive 
                business information; and
                    (B) where the data involves information about 
                individuals, the measures taken to ensure the accuracy 
                of such data;
            (12) 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;
            (13) an assessment of the Network's privacy protections, 
        including actions taken in the preceding year to implement or 
        enforce privacy protections and a report of complaints received 
        about interference with an individual's privacy or civil 
        liberties; and
            (14) an assessment of the security protections of the 
        Network.
    (i) Agency Plans and Reports.--Each Federal department or agency 
that possesses or uses terrorism information or that otherwise 
participates, or expects to participate, in the Network, shall submit 
to the Director of Management and Budget and to Congress--
            (1) not later than 1 year after 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's or agency's 
                information sharing efforts; and
                    (C) budgetary requirements to integrate the 
                department or agency into the Network, including 
                projected annual expenditures for each of the following 
                5 years following the submission of the reports; and
            (2) annually thereafter, reports including--
                    (A) an assessment of the department's or agency's 
                progress in complying with the Network's requirements, 
                including how well the department or agency has 
                performed on the objective measures developed under 
                paragraph (1);
                    (B) the department's or agency's expenditures to 
                implement and comply with the Network's requirements in 
                the preceding year; and
                    (C) the department's or agency's plans for further 
                implementation of the Network in the year following the 
                submission of the report.
    (j) Periodic Assessments.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and periodically thereafter, the 
        Government Accountability Office shall review and evaluate the 
        implementation of the Network, both generally and, at its 
        discretion, 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 its findings.
            (2) Inspectors general.--The Inspector General in any 
        Federal department or agency that possesses or uses terrorism 
        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.
    (k) 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 system design and implementation 
        plan required by subsection (f).

                    TITLE III--CONGRESSIONAL REFORM

SEC. 301. FINDINGS.

    Consistent with the report of the National Commission on Terrorist 
Attacks Upon the United States, Congress makes the following findings:
            (1) The American people are not served well by current 
        congressional rules and resolutions governing intelligence and 
        homeland security oversight.
            (2) A unified Executive Branch effort on fighting terrorism 
        will not be effective unless it is matched by a unified effort 
        in Congress, specifically a strong, stable, and capable 
        congressional committee structure to give the intelligence 
        agencies and Department of Homeland Security sound oversight, 
        support, and leadership.
            (3) The intelligence committees of the Senate and the House 
        of Representatives are not organized to provide strong 
        leadership and oversight for intelligence and counterterrorism.
            (4) Jurisdiction over the Department of Homeland Security, 
        which is scattered among many committees in each chamber, does 
        not allow for the clear authority and responsibility needed for 
        effective congressional oversight.
            (5) Congress should either create a new, joint Senate-House 
        intelligence authorizing committee modeled on the former Joint 
        Committee on Atomic Energy, or establish new intelligence 
        committees in each chamber with combined authorization and 
        appropriations authority.
            (6) Congress should establish a single, principal point of 
        oversight and review in each chamber for the Department of 
        Homeland Security and the report of the National Commission on 
        Terrorist Attacks Upon the United States stated that 
        ``Congressional leaders are best able to judge what committee 
        should have jurisdiction over this department and its 
        duties.''.
            (7) In August 2004, the joint Senate leadership created a 
        bipartisan working group to examine how best to implement the 
        Commission's recommendations with respect to reform of the 
        Senate's oversight of intelligence and homeland security, and 
        directed the working group to begin its work immediately and to 
        present its findings and recommendations to Senate leadership 
        as expeditiously as possible.

SEC. 302. REORGANIZATION OF CONGRESSIONAL JURISDICTION.

    The 108th Congress shall not adjourn until each House of Congress 
has adopted the necessary changes to its rules such that, effective the 
start of the 109th Congress--
            (1) jurisdiction over proposed legislation, messages, 
        petitions, memorials, and other matters relating to the 
        Department of Homeland Security shall be consolidated in a 
        single committee in each House and such committee shall have a 
        nonpartisan staff; and
            (2) jurisdiction over proposed legislation, messages, 
        petitions, memorials, and other matters related to intelligence 
        shall reside in--
                    (A) either a joint Senate-House authorizing 
                committee modeled on the former Joint Committee on 
                Atomic Energy, or a committee in each chamber with 
                combined authorization and appropriations authority; 
                and
                    (B) regardless of which committee structure is 
                selected, the intelligence committee or committees 
                shall have--
                            (i) not more than 9 members in each House, 
                        who shall serve without term limits and of 
                        which at least 1 each shall also serve on a 
                        committee on Armed Services, Judiciary, and 
                        Foreign Affairs and at least 1 on a Defense 
                        Appropriations subcommittee;
                            (ii) authority to issue subpoenas;
                            (iii) majority party representation that 
                        does not exceed minority party representation 
                        by more than 1 member in each House, and a 
                        nonpartisan staff; and
                            (iv) a subcommittee devoted solely to 
                        oversight.

                   TITLE IV--PRESIDENTIAL TRANSITION

SEC. 401. PRESIDENTIAL TRANSITION.

    (a) Services Provided President-Elect.--Section 3 of the 
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
            (1) by adding after subsection (a)(8)(A)(iv) the following:
                            ``(v) Activities under this paragraph shall 
                        include the preparation of a detailed 
                        classified, compartmented summary by the 
                        relevant outgoing executive branch officials of 
                        specific operational threats to national 
                        security; major military or covert operations; 
                        and pending decisions on possible uses of 
                        military force. This summary shall be provided 
                        to the President-elect as soon as possible 
                        after the date of the general elections held to 
                        determine the electors of President and Vice 
                        President under section 1 or 2 of title 3, 
                        United States Code.'';
            (2) by redesignating subsection (f) as subsection (g); and
            (3) by adding after subsection (e) the following:
    ``(f)(1) The President-elect should submit to the agency designated 
by the President under section 401(d) of the 9/11 Commission Report 
Implementation Act of 2004 the names of candidates for high level 
national security positions through the level of undersecretary of 
cabinet departments as soon as possible after the date of the general 
elections held to determine the electors of President and Vice 
President under section 1 or 2 of title 3, United States Code.
    ``(2) The Federal Bureau of Investigation, and any other 
appropriate agency, shall undertake and complete as expeditiously as 
possible the background investigations necessary to provide appropriate 
security clearances to the individuals who are candidates described 
under paragraph (1) before the date of the inauguration of the 
President-elect as President and the inauguration of the Vice-
President-elect as Vice President.''.
    (b) Sense of the Senate Regarding Expedited Consideration of 
National Security Nominees.--It is the sense of the Senate that--
            (1) the President-elect should submit the nominations of 
        candidates for high-level national security positions, through 
        the level of undersecretary of cabinet departments, to the 
        Senate by the date of the inauguration of the President-elect 
        as President; and
            (2) for all national security nominees received by the date 
        of inauguration, the Senate committees to which these 
        nominations are referred should, to the fullest extent 
        possible, complete their consideration of these nominations, 
        and, if such nominations are reported by the committees, the 
        full Senate should vote to confirm or reject these nominations, 
        within 30 days of their submission.
    (c) Security Clearances for Transition Team Members.--
            (1) Definition.--In this section, the term ``major party'' 
        shall have the meaning given under section 9002(6) of the 
        Internal Revenue Code of 1986.
            (2) In general.--Each major party candidate for President, 
        except a candidate who is the incumbent President, may submit, 
        before the date of the general election, requests for security 
        clearances for prospective transition team members who will 
        have a need for access to classified information to carry out 
        their responsibilities as members of the President-elect's 
        transition team.
            (3) Completion date.--Necessary background investigations 
        and eligibility determinations to permit appropriate 
        prospective transition team members to have access to 
        classified information shall be completed, to the fullest 
        extent practicable, by the day after the date of the general 
        election.
    (d) Consolidation of Responsibility for Personnel Security 
Investigations.--
            (1) Consolidation.--
                    (A) In general.--Not later than 45 days after the 
                date of enactment of this Act, the President shall 
                select a single Federal agency to provide and maintain 
                all security clearances for Federal employees and 
                Federal contractor personnel who require access to 
                classified information, including conducting all 
                investigation functions.
                    (B) Considerations.--In selecting an agency under 
                this paragraph, the President shall fully consider 
                requiring the transfer of investigation functions to 
                the Office of Personnel Management as described under 
                section 906 of the National Defense Authorization Act 
                for Fiscal Year 2004 (5 U.S.C. 1101 note).
                    (C) Coordination and consolidation of 
                responsibilities.--The Federal agency selected under 
                this paragraph shall--
                            (i) take all necessary actions to carry out 
                        the responsibilities under this subsection, 
                        including entering into a memorandum of 
                        understanding with any agency carrying out such 
                        responsibilities before the date of enactment 
                        of this Act; and
                            (ii) identify any legislative actions 
                        necessary to further implement this subsection.
                    (D) Database.--The agency selected shall, as soon 
                as practicable, establish and maintain a single 
                database for tracking security clearance applications, 
                investigations and eligibility determinations and 
                ensure that security clearance investigations are 
                conducted according to uniform standards, including 
                uniform security questionnaires and financial 
                disclosure requirements.
                    (E) Polygraphs.--The President shall direct the 
                agency selected under this paragraph to administer any 
                polygraph examinations on behalf of agencies that 
                require them.
            (2) Access.--The President, acting through the National 
        Intelligence Director, shall--
                    (A) establish uniform standards and procedures for 
                the grant of access to classified information to any 
                officer or employee of any agency or department of the 
                United States and to employees of contractors of those 
                agencies and departments;
                    (B) ensure the consistent implementation of those 
                standards and procedures throughout such agencies and 
                departments; and
                    (C) 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 such 
                elements.

 TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE 
                            WAR ON TERRORISM

SEC. 501. REPORT ON TERRORIST SANCTUARIES.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Complex terrorist operations require locations that 
        provide such operations sanctuary from interference by 
        government or law enforcement personnel.
            (2) A terrorist sanctuary existed in Afghanistan before 
        September 11, 2001.
            (3) The terrorist sanctuary in Afghanistan provided direct 
        and indirect value to members of al Qaeda who participated in 
        the terrorist attacks on the United States on September 11, 
        2001 and in other terrorist operations.
            (4) Terrorist organizations have fled to some of the least 
        governed and most lawless places in the world to find 
        sanctuary.
            (5) During the twenty-first century, terrorists are 
        focusing on remote regions and failing states as locations to 
        seek sanctuary.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government should identify and 
        prioritize locations that are or that could be used as 
        terrorist sanctuaries;
            (2) the United States Government should have a realistic 
        strategy that includes the use of all elements of national 
        power to keep possible terrorists from using a location as a 
        sanctuary; and
            (3) the United States Government should reach out, listen 
        to, and work with countries in bilateral and multilateral fora 
        to prevent locations from becoming sanctuaries and to prevent 
        terrorists from using locations as sanctuaries.
    (c) Strategy on Terrorist Sanctuaries.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to Congress a report that describes a strategy for addressing 
        and, where possible, eliminating terrorist sanctuaries.
            (2) Content.--The report required under this section shall 
        include the following:
                    (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 
                Government 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.
                    (D) A description of long-term goals and actions 
                designed to reduce the conditions that allow the 
                formation of terrorist sanctuaries, such as supporting 
                and strengthening host governments, reducing poverty, 
                increasing economic development, strengthening civil 
                society, securing borders, strengthening internal 
                security forces, and disrupting logistics and 
                communications networks of terrorist groups.

SEC. 502. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The Government of Pakistan has a critical role to 
        perform in the struggle against Islamist terrorism.
            (2) The endemic poverty, widespread corruption, and 
        frequent ineffectiveness of government in Pakistan create 
        opportunities for Islamist recruitment.
            (3) The poor quality of education in Pakistan is 
        particularly worrying, as millions of families send their 
        children to madrassahs, some of which have been used as 
        incubators for violent extremism.
            (4) The vast unpoliced regions in Pakistan make the country 
        attractive to extremists seeking refuge and recruits and also 
        provide a base for operations against coalition forces in 
        Afghanistan.
            (5) A stable Pakistan, with a government advocating 
        ``enlightened moderation'' in the Muslim world, is critical to 
        stability in the region.
            (6) There is a widespread belief among the people of 
        Pakistan that the United States has long treated them as allies 
        of convenience.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should make a long-term commitment to 
        assisting in ensuring a promising, stable, and secure future in 
        Pakistan, as long as its leaders remain committed to combatting 
        extremists and implementing a strategy of ``enlightened 
        moderation'';
            (2) the United States aid to Pakistan should be fulsome 
        and, at a minimum, sustained at the fiscal year 2004 levels;
            (3) the United States should support the Government of 
        Pakistan with a comprehensive effort that extends from military 
        aid to support for better education; and
            (4) the United States Government should devote particular 
        attention and resources to assisting in the improvement of the 
        quality of education in Pakistan.
    (c) Report on Support for Pakistan.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to Congress a report on the efforts of the United States 
        Government to support Pakistan and encourage moderation in that 
        country.
            (2) Content.--The report required under this section shall 
        include the following:
                    (A) An examination of the desirability of 
                establishing a Pakistan Education Fund to direct 
                resources toward improving the quality of secondary 
                schools in Pakistan.
                    (B) Recommendations on the funding necessary to 
                provide various levels of educational support.
                    (C) An examination of the current composition and 
                levels of United States military aid to Pakistan, 
                together with any recommendations for changes in such 
                levels and composition that the President considers 
                appropriate.
                    (D) An examination of other major types of United 
                States financial support to Pakistan, together with any 
                recommendations for changes in the levels and 
                composition of such support that the President 
                considers appropriate.

SEC. 503. AID TO AFGHANISTAN.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The United States and its allies in the international 
        community have made progress in promoting economic and 
        political reform within Afghanistan, including the 
        establishment of a central government with a democratic 
        constitution, a new currency, and a new army, the increase of 
        personal freedom, and the elevation of the standard of living 
        of many Afghans.
            (2) A number of significant obstacles must be overcome if 
        Afghanistan is to become a secure and prosperous democracy, and 
        such a transition depends in particular upon--
                    (A) improving security throughout the country;
                    (B) disarming and demobilizing militias;
                    (C) curtailing the rule of the warlords;
                    (D) promoting equitable economic development;
                    (E) protecting the human rights of the people of 
                Afghanistan;
                    (F) holding elections for public office; and
                    (G) ending the cultivation and trafficking of 
                narcotics.
            (3) The United States and the international community must 
        make a long-term commitment to addressing the deteriorating 
        security situation in Afghanistan and the burgeoning narcotics 
        trade, endemic poverty, and other serious problems in 
        Afghanistan in order to prevent that country from relapsing 
        into a sanctuary for international terrorism.
    (b) Policy.--It shall be the policy of the United States to take 
the following actions with respect to Afghanistan:
            (1) Working with other nations to obtain long-term 
        security, political, and financial commitments and fulfillment 
        of pledges to the Government of Afghanistan to accomplish the 
        objectives of the Afghanistan Freedom Support Act of 2002 (22 
        U.S.C. 7501 et seq.), especially to ensure a secure, 
        democratic, and prosperous Afghanistan that respects the rights 
        of its citizens and is free of international terrorist 
        organizations.
            (2) Using the voice and vote of the United States in 
        relevant international organizations, including the North 
        Atlantic Treaty Organization and the United Nations Security 
        Council, to strengthen international commitments to assist the 
        Government of Afghanistan in enhancing security, building 
        national police and military forces, increasing counter-
        narcotics efforts, and expanding infrastructure and public 
        services throughout the country.
            (3) Taking appropriate steps to increase the assistance 
        provided under programs of the Department of State and the 
        United States Agency for International Development throughout 
        Afghanistan and to increase the number of personnel of those 
        agencies in Afghanistan as necessary to support the increased 
        assistance.
    (c) Authorization of Appropriations.--
            (1) Fiscal year 2005.--There are authorized to be 
        appropriated to the President for fiscal year 2005 for 
        assistance for Afghanistan, in addition to any amounts 
        otherwise available for the following purposes, the following 
        amounts:
                    (A) For Development Assistance to carry out the 
                provisions of sections 103, 105, and 106 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and 
                2151d), $400,000,000.
                    (B) For the Child Survival and Health Program Fund 
                to carry out the provisions of section 104 of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2151b), 
                $100,000,000.
                    (C) For the Economic Support Fund to carry out the 
                provisions of chapter 4 of part II of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2346 et seq.), 
                $550,000,000.
                    (D) For International Narcotics and Law Enforcement 
                to carry out the provisions of section 481 of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2291), 
                $360,000,000.
                    (E) For Nonproliferation, Anti-Terrorism, Demining, 
                and Related Programs, $50,000,000.
                    (F) For International Military Education and 
                Training to carry out the provisions of section 541 of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2347), 
                $2,000,000.
                    (G) For Foreign Military Financing Program grants 
                to carry of the provision of section 23 of the Arms 
                Export Control Act (22 U.S.C. 2763), $880,000,000.
                    (H) For Peacekeeping Operations to carry out the 
                provisions of section 551 of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2348), $60,000,000.
            (2) Fiscal years 2006 through 2009.--There are authorized 
        to be appropriated to the President for each of fiscal years 
        2006 through 2009 such sums as may be necessary for financial 
        and other assistance to Afghanistan.
            (3) Conditions for assistance.--Assistance provided by the 
        President under this subsection--
                    (A) shall be consistent with the Afghanistan 
                Freedom Support Act of 2002; and
                    (B) shall be provided with reference to the 
                ``Securing Afghanistan's Future'' document published by 
                the Government of Afghanistan.
    (d) Sense of Congress.--It is the sense of Congress that Congress 
should, in consultation with the President, update and revise, as 
appropriate, the Afghanistan Freedom Support Act of 2002.
    (e) Strategy and Support Regarding United States Aid to 
Afghanistan.--
            (1) Requirement for strategy.--Not later than 180 days 
        after the date of the enactment of this Act, the President 
        shall submit to Congress a 5-year strategy for providing aid to 
        Afghanistan.
            (2) Content.--The strategy required under paragraph (1) 
        shall describe the resources that will be needed during the 
        next 5 years to achieve specific objectives in Afghanistan, 
        including in the following areas:
                    (A) Fostering economic development.
                    (B) Curtailing the cultivation of opium.
                    (C) Achieving internal security and stability.
                    (D) Eliminating terrorist sanctuaries.
                    (E) Increasing governmental capabilities.
                    (F) Improving essential infrastructure and public 
                services.
                    (G) Improving public health services.
                    (H) Establishing a broad-based educational system.
                    (I) Promoting democracy and the rule of law.
                    (J) Building national police and military forces.
            (3) Updates.--Beginning not later than 1 year after the 
        strategy is submitted to Congress under paragraph (1), the 
        President shall submit to Congress an annual report--
                    (A) updating the progress made toward achieving the 
                goals outlined in the strategy under this subsection; 
                and
                    (B) identifying shortfalls in meeting those goals 
                and the resources needed to fully achieve them.

SEC. 504. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Despite a long history of friendly relations with the 
        United States, Saudi Arabia has been a problematic ally in 
        combating Islamic extremism.
            (2) Cooperation between the Governments of the United 
        States and Saudi Arabia has traditionally been carried out in 
        private.
            (3) The Government of Saudi Arabia has not always responded 
        promptly and fully to United States requests for assistance in 
        the global war on Islamist terrorism.
            (4) Counterterrorism cooperation between the Governments of 
        the United States and Saudi Arabia has improved significantly 
        since the terrorist bombing attacks in Riyadh, Saudi Arabia, on 
        May 12, 2003.
            (5) The Government of Saudi Arabia is now aggressively 
        pursuing al Qaeda and appears to be acting to build a domestic 
        consensus for some internal reforms.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the problems in the relationship between the United 
        States and Saudi Arabia must be confronted openly, and the 
        opportunities for cooperation between the countries must be 
        pursued openly by those governments;
            (2) both governments must build a relationship that they 
        can publicly defend and that is based on other national 
        interests in addition to their national interests in oil;
            (3) this relationship should include a shared commitment to 
        political and economic reform in Saudi Arabia; and
            (4) this relationship should also include a shared interest 
        in greater tolerance and respect for other cultures in Saudi 
        Arabia and a commitment to fight the violent extremists who 
        foment hatred in the Middle East.
    (c) Report.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to Congress a strategy for expanding collaboration with the 
        Government of Saudi Arabia on subjects of mutual interest and 
        of importance to the United States.
            (2) Scope.--As part of this strategy, the President shall 
        consider the utility of undertaking a periodic, formal, and 
        visible high-level dialogue between senior United States 
        Government officials of cabinet level or higher rank and their 
        counterparts in the Government of Saudi Arabia to address 
        challenges in the relationship between the 2 governments and to 
        identify areas and mechanisms for cooperation.
            (3) Content.--The strategy under this subsection shall 
        encompass--
                    (A) intelligence and security cooperation in the 
                fight against Islamist terrorism;
                    (B) ways to advance the Middle East peace process;
                    (C) political and economic reform in Saudi Arabia 
                and throughout the Middle East; and
                    (D) the promotion of greater tolerance and respect 
                for cultural and religious diversity in Saudi Arabia 
                and throughout the Middle East.

SEC. 505. EFFORTS TO COMBAT ISLAMIC TERRORISM BY ENGAGING IN THE 
              STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) While support for the United States has plummeted in 
        the Islamic world, many negative views are uninformed, at best, 
        and, at worst, are informed by coarse stereotypes and 
        caricatures.
            (2) Local newspapers in Islamic countries and influential 
        broadcasters who reach Islamic audiences through satellite 
        television often reinforce the idea that the people and 
        Government of the United States are anti-Muslim.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Government of the United States should offer an 
        example of moral leadership in the world that includes a 
        commitment to treat all people humanely, abide by the rule of 
        law, and be generous and caring to the people and governments 
        of other countries;
            (2) the United States should cooperate with governments of 
        Islamic countries to foster agreement on respect for human 
        dignity and opportunity, and to offer a vision of a better 
        future that includes stressing life over death, individual 
        educational and economic opportunity, widespread political 
        participation, contempt for indiscriminate violence, respect 
        for the rule of law, openness in discussing differences, and 
        tolerance for opposing points of view;
            (3) the United States should encourage reform, freedom, 
        democracy, and opportunity for Arabs and Muslims and promote 
        moderation in the Islamic world; and
            (4) the United States should work to defeat extremist 
        ideology in the Islamic world by providing assistance to 
        moderate Arabs and Muslims to combat extremist ideas.
    (c) Report on the Struggle of Ideas in the Islamic World.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to Congress a report that contains a cohesive long-term 
        strategy for the United States Government to help win the 
        struggle of ideas in the Islamic world.
            (2) Content.--The report required under this section shall 
        include the following:
                    (A) A description of specific goals related to 
                winning this struggle of ideas.
                    (B) A description of the range of tools available 
                to the United States Government to accomplish these 
                goals and the manner in which such tools will be 
                employed.
                    (C) A list of benchmarks for measuring success and 
                a plan for linking resources to the accomplishment of 
                these goals.
                    (D) A description of any additional resources that 
                may be necessary to help win this struggle of ideas.
                    (E) Any recommendations for the creation of, and 
                United States participation in, international 
                institutions for the promotion of democracy and 
                economic diversification in the Islamic world, and 
                intra-regional trade in the Middle East.
                    (F) An estimate of the level of United States 
                financial assistance that would be sufficient to 
                convince United States allies and people in the Islamic 
                world that engaging in the struggle of ideas in the 
                Islamic world is a top priority of the United States 
                and that the United States intends to make a 
                substantial and sustained commitment toward winning 
                this struggle.

SEC. 506. UNITED STATES POLICY TOWARD DICTATORSHIPS.

    (a) Finding.--Consistent with the report of the National Commission 
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with the 
world's most repressive and brutal governments are too often outweighed 
by long-term setbacks for the stature and interests of the United 
States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) United States foreign policy should promote the value 
        of life and the importance of individual educational and 
        economic opportunity, encourage widespread political 
        participation, condemn indiscriminate violence, and promote 
        respect for the rule of law, openness in discussing differences 
        among people, and tolerance for opposing points of view; and
            (2) the United States Government must prevail upon the 
        governments of all predominantly Muslim countries, including 
        those that are friends and allies of the United States, to 
        condemn indiscriminate violence, promote the value of life, 
        respect and promote the principles of individual education and 
        economic opportunity, encourage widespread political 
        participation, and promote the rule of law, openness in 
        discussing differences among people, and tolerance for opposing 
        points of view.

SEC. 507. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Although the United States has demonstrated and 
        promoted its values in defending Muslims against tyrants and 
        criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, 
        this message is not always clearly presented in the Islamic 
        world.
            (2) If the United States does not act to vigorously define 
        its message in the Islamic world, the image of the United 
        States will be defined by Islamic extremists who seek to 
        demonize the United States.
            (3) Recognizing that many Arab and Muslim audiences rely on 
        satellite television and radio, the United States Government 
        has launched promising initiatives in television and radio 
        broadcasting to the Arab world, Iran, and Afghanistan.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States must do more to defend and promote 
        its values and ideals to the broadest possible audience in the 
        Islamic world;
            (2) United States efforts to defend and promote these 
        values and ideals are beginning to ensure that accurate 
        expressions of these values reach large audiences in the 
        Islamic world and should be robustly supported;
            (3) the United States Government could and should do more 
        to engage the Muslim world in the struggle of ideas; and
            (4) the United States Government should more intensively 
        employ existing broadcast media in the Islamic world as part of 
        this engagement.
    (c) Report on Outreach Strategy.--
            (1) Report required.--Not later than 180 days after the 
        date of the enactment of this Act, the President shall submit 
        to Congress a report on the strategy of the United States 
        Government for expanding its outreach to foreign Muslim 
        audiences through broadcast media.
            (2) Content.--The report shall include the following:
                    (A) The initiatives of the Broadcasting Board of 
                Governors and the public diplomacy activities of the 
                Department of State with respect to outreach to foreign 
                Muslim audiences.
                    (B) An outline of recommended actions that the 
                United States Government should take to more regularly 
                and comprehensively present a United States point of 
                view through indigenous broadcast media in countries 
                with sizable Muslim populations, including increasing 
                appearances by United States Government officials, 
                experts, and citizens.
                    (C) An assessment of potential incentives for, and 
                costs associated with, encouraging United States 
                broadcasters to dub or subtitle into Arabic and other 
                relevant languages their news and public affairs 
                programs broadcast in the Muslim world in order to 
                present those programs to a much broader Muslim 
                audience than is currently reached.
                    (D) Any recommendations the President may have for 
                additional funding and legislation necessary to achieve 
                the objectives of the strategy.
    (d) Authorizations of Appropriations.--There are authorized to be 
appropriated to the President to carry out United States Government 
broadcasting activities under the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United 
States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), 
and the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 
6501 et seq.), and to carry out other activities under this section 
consistent with the purposes of such Acts, the following amounts:
            (1) International broadcasting operations.--For 
        International Broadcasting Operations--
                    (A) $717,160,000 for fiscal year 2005; and
                    (B) such sums as may be necessary for each of the 
                fiscal years 2006 through 2009.
            (2) Broadcasting capital improvements.--For Broadcasting 
        Capital Improvements--
                    (A) $11,040,000 for fiscal year 2005; and
                    (B) such sums as may be necessary for each of the 
                fiscal years 2006 through 2009.

SEC. 508. USE OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE 
              ISLAMIC WORLD.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Exchange, scholarship, and library programs are 
        effective ways for the United States Government to promote 
        internationally the values and ideals of the United States.
            (2) Exchange, scholarship, and library programs can expose 
        young people from other countries to United States values and 
        offer them knowledge and hope.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States should expand its exchange, scholarship, and library programs, 
especially those that benefit people in the Arab and Muslim worlds.
    (c) Definitions.--In this section:
            (1) Eligible country.--The term ``eligible country'' means 
        a country or entity in Africa, the Middle East, Central Asia, 
        South Asia, or Southeast Asia that--
                    (A) has a sizable Muslim population; and
                    (B) is designated by the Secretary of State as 
                eligible to participate in programs under this section.
            (2) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of State.
            (3) United states entity.--The term ``United States 
        entity'' means an entity that is organized under the laws of 
        the United States, any State, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, the United States Virgin 
        Islands, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, or any other territory or possession of the 
        United States.
            (4) United states sponsoring organization.--The term 
        ``United States sponsoring organization'' means a 
        nongovernmental organization that is--
                    (A) based in the United States; and
                    (B) controlled by a citizen of the United States or 
                a United States entity that is designated by the 
                Secretary, pursuant to regulations, to carry out a 
                program authorized by subsection (e).
    (d) Expansion of Educational and Cultural Exchanges.--
            (1) Purpose.--The purpose of this subsection is to provide 
        for the expansion of international educational and cultural 
        exchange programs between the United States and eligible 
        countries.
            (2) Specific programs.--In carrying out this subsection, 
        the Secretary is authorized to conduct or initiate programs in 
        eligible countries as follows:
                    (A) Fulbright exchange program.--
                            (i) Increased number of awards.--The 
                        Secretary is authorized to substantially 
                        increase the number of awards under the J. 
                        William Fulbright Educational Exchange Program.
                            (ii) International support for fulbright 
                        program.--The Secretary shall work to increase 
                        support for the J. William Fulbright 
                        Educational Exchange Program in eligible 
                        countries in order to enhance academic and 
                        scholarly exchanges with those countries.
                    (B) Hubert h. humphrey fellowships.--The Secretary 
                is authorized to substantially increase the number of 
                Hubert H. Humphrey Fellowships awarded to candidates 
                from eligible countries.
                    (C) Sister institutions programs.--The Secretary is 
                authorized to facilitate the establishment of sister 
                institution programs between cities and municipalities 
                and other institutions in the United States and in 
                eligible countries in order to enhance mutual 
                understanding at the community level.
                    (D) Library training exchanges.--The Secretary is 
                authorized to develop a demonstration program, 
                including training in the library sciences, to assist 
                governments in eligible countries to establish or 
                upgrade the public library systems of such countries 
                for the purpose of improving literacy.
                    (E) International visitors program.--The Secretary 
                is authorized to expand the number of participants from 
                eligible countries in the International Visitors 
                Program.
                    (F) Youth ambassadors.--
                            (i) In general.--The Secretary is 
                        authorized to establish a youth ambassadors 
                        program for visits by middle and secondary 
                        school students from eligible countries to the 
                        United States to participate in activities, 
                        including cultural and educational activities, 
                        that are designed to familiarize participating 
                        students with United States society and values.
                            (ii) Visits.--The visits of students who 
                        are participating in the youth ambassador 
                        program under clause (i) shall be scheduled 
                        during the school holidays in the home 
                        countries of the students and may not exceed 4 
                        weeks.
                            (iii) Criteria.--Students selected to 
                        participate in the youth ambassador program 
                        shall reflect the economic and geographic 
                        diversity of eligible countries.
                    (G) Education reform.--The Secretary is 
                authorized--
                            (i) to expand programs that seek to improve 
                        the quality of primary and secondary school 
                        systems in eligible countries; and
                            (ii) in order to foster understanding of 
                        the United States, to promote civic education 
                        through teacher exchanges, teacher training, 
                        textbook modernization, and other efforts.
                    (H) Promotion of religious freedom.--The Secretary 
                is authorized to establish a program to promote 
                dialogue and exchange among leaders and scholars of all 
                faiths from the United States and eligible countries.
                    (I) Bridging the digital divide.--The Secretary is 
                authorized to establish a program to help foster access 
                to information technology among underserved populations 
                and by civil society groups in eligible countries.
                    (J) People-to-people diplomacy.--The Secretary is 
                authorized to expand efforts to promote United States 
                public diplomacy interests in eligible countries 
                through cultural, arts, entertainment, sports and other 
                exchanges.
                    (K) College scholarships.--
                            (i) In general.--The Secretary is 
                        authorized to establish a program to offer 
                        scholarships to permit individuals to attend 
                        eligible colleges and universities.
                            (ii) Eligibility for program.--To be 
                        eligible for the scholarship program, an 
                        individual shall be a citizen or resident of an 
                        eligible country who has graduated from a 
                        secondary school in an eligible country.
                            (iii) Eligible college or university 
                        defined.--In this subparagraph, the term 
                        ``eligible college or university'' means a 
                        college or university that is organized under 
                        the laws of the United States, a State, or the 
                        District of Columbia, accredited by an 
                        accrediting agency recognized by the Secretary 
                        of Education, and primarily located in, but not 
                        controlled by, an eligible country.
                    (L) Language training program.--The Secretary is 
                authorized to provide travel and subsistence funding 
                for students who are United States citizens to travel 
                to eligible countries to participate in immersion 
                training programs in languages used in such countries 
                and to develop regulations governing the provision of 
                such funding.
    (e) Secondary School Exchange Program.--
            (1) In general.--The Secretary is authorized to establish 
        an international exchange visitor program, modeled on the 
        Future Leaders Exchange Program established under the FREEDOM 
        Support Act (22 U.S.C. 5801 et seq.), for eligible students 
        to--
                    (A) attend public secondary school in the United 
                States;
                    (B) live with a host family in the United States; 
                and
                    (C) participate in activities designed to promote a 
                greater understanding of United States and Islamic 
                values and culture.
            (2) Eligible student defined.--In this subsection, the term 
        ``eligible student'' means an individual who--
                    (A) is a national of an eligible country;
                    (B) is at least 15 years of age but not more than 
                18 years and 6 months of age at the time of enrollment 
                in the program;
                    (C) is enrolled in a secondary school in an 
                eligible country;
                    (D) has completed not more than 11 years of primary 
                and secondary education, exclusive of kindergarten;
                    (E) demonstrates maturity, good character, and 
                scholastic aptitude, and has the proficiency in the 
                English language necessary to participate in the 
                program;
                    (F) has not previously participated in an exchange 
                program in the United States sponsored by the 
                Government of the United States; and
                    (G) is not prohibited from entering the United 
                States under any provision of the Immigration and 
                Nationality Act (8 U.S.C. 1101 et seq.) or any other 
                provision of law related to immigration and 
                nationality.
            (3) Compliance with visa requirements.--An eligible student 
        may not participate in the exchange visitor program authorized 
        by paragraph (1) unless the eligible student has the status of 
        nonimmigrant under section 101(a)(15)(J) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)(J)).
            (4) Broad participation.--Whenever appropriate, the 
        Secretary shall make special provisions to ensure the broadest 
        possible participation in the exchange visitor program 
        authorized by paragraph (1), particularly among females and 
        less advantaged citizens of eligible countries.
            (5) Designated exchange visitor program.--The exchange 
        visitor program authorized by paragraph (1) shall be a 
        designated exchange visitor program for the purposes of section 
        641 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1372).
            (6) Regular reporting to the secretary.--If the Secretary 
        utilizes a United States sponsoring organization to carry out 
        the exchange visitor program authorized by paragraph (1), such 
        United States sponsoring organization shall report regularly to 
        the Secretary on the progress it has made to implement such 
        program.
    (f) Report on Expediting Visas for Participants in Exchange, 
Scholarship, and Visitors Programs.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary and the Secretary of 
        Homeland Security shall submit to Congress a report on 
        expediting the issuance of visas to individuals who are 
        entering the United States for the purpose of participating in 
        a scholarship, exchange, or visitor program authorized in 
        subsection (d) or (e) without compromising the security of the 
        United States.
            (2) Recommendations.--The report required by paragraph (1) 
        shall include--
                    (A) the recommendations of the Secretary and the 
                Secretary of Homeland Security, if any, for methods to 
                expedite the processing of requests for such visas; and
                    (B) a proposed schedule for implementing any 
                recommendations described in subparagraph (A).
    (g) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated for educational and cultural exchange programs for 
fiscal year 2005, there is authorized to be appropriated to the 
Department of State $60,000,000 to carry out programs under this 
section.

SEC. 509. INTERNATIONAL YOUTH OPPORTUNITY FUND.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Education that teaches tolerance, the dignity and value 
        of each individual, and respect for different beliefs is a key 
        element in any global strategy to eliminate Islamist terrorism.
            (2) Education in the Middle East about the world outside 
        that region is weak.
            (3) The United Nations has rightly equated literacy with 
        freedom.
            (4) The international community is moving toward setting a 
        concrete goal of reducing by half the illiteracy rate in the 
        Middle East by 2010, through the implementation of education 
        programs targeting women and girls and programs for adult 
        literacy, and by other means.
            (5) To be effective, the effort to improve education in the 
        Middle East must also include--
                    (A) support for the provision of basic education 
                tools, such as textbooks that translate more of the 
                world's knowledge into local languages and local 
                libraries to house such materials; and
                    (B) more vocational education in trades and 
                business skills.
            (6) The Middle East can benefit from some of the same 
        programs to bridge the digital divide that already have been 
        developed for other regions of the world.
    (b) International Youth Opportunity Fund.--
            (1) Establishment.--
                    (A) In general.--The President shall establish an 
                International Youth Opportunity Fund (hereafter in this 
                section referred to as the ``Fund'').
                    (B) International participation.--The President 
                shall seek the cooperation of the international 
                community in establishing and generously supporting the 
                Fund.
            (2) Purpose.--The purpose of the Fund shall be to provide 
        financial assistance for the improvement of public education in 
        the Middle East, including assistance for the construction and 
        operation of primary and secondary schools in countries that 
        have a sizable Muslim population and that commit to sensibly 
        investing their own financial resources in public education.
            (3) Eligibility for assistance.--
                    (A) Determination.--The Secretary of State, in 
                coordination with the Administrator of the United 
                States Agency for International Development, shall 
                determine which countries are eligible for assistance 
                through the Fund.
                    (B) Criteria.--In determining whether a country is 
                eligible for assistance, the Secretary shall consider 
                whether the government of that country is sensibly 
                investing financial resources in public education and 
                is committed to promoting a system of education that 
                teaches tolerance, the dignity and value of each 
                individual, and respect for different beliefs.
            (4) Use of funds.--Financial assistance provided through 
        the Fund shall be used for expanding literacy programs, 
        providing textbooks, reducing the digital divide, expanding 
        vocational and business education, constructing and operating 
        public schools, establishing local libraries, training teachers 
        in modern education techniques, and promoting public education 
        that teaches tolerance, the dignity and value of each 
        individual, and respect for different beliefs.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State and the Administrator of the United States 
        Agency for International Development shall jointly prepare and 
        submit to Congress a report on the improvement of education in 
        the Middle East.
            (2) Content.--Reports submitted under this subsection shall 
        include the following:
                    (A) A general strategy for working with eligible 
                host governments in the Middle East toward establishing 
                the International Youth Opportunity Fund and related 
                programs.
                    (B) A listing of countries that are eligible for 
                assistance under such programs.
                    (C) A description of the specific programs 
                initiated in each eligible country and the amount 
                expended in support of such programs.
                    (D) A description of activities undertaken to close 
                the digital divide and expand vocational and business 
                skills in eligible countries.
                    (E) A listing of activities that could be 
                undertaken if additional funding were provided and the 
                amount of funding that would be necessary to carry out 
                such activities.
                    (F) A strategy for garnering programmatic and 
                financial support from international organizations and 
                other countries in support of the Fund and activities 
                related to the improvement of public education in 
                eligible countries.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the President for the establishment of the 
International Youth Opportunity Fund, in addition to any amounts 
otherwise available for such purpose, $40,000,000 for fiscal year 2005 
and such sums as may be necessary for fiscal years 2006 through 2009.

SEC. 510. REPORT ON THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) While terrorism is not caused by poverty, breeding 
        grounds for terrorism are created by backward economic policies 
        and repressive political regimes.
            (2) Policies that support economic development and reform 
        also have political implications, as economic and political 
        liberties are often linked.
            (3) The United States is working toward creating a Middle 
        East Free Trade Area by 2013 and implementing a free trade 
        agreement with Bahrain, and free trade agreements exist between 
        the United States and Israel and the United States and Jordan.
            (4) Existing and proposed free trade agreements between the 
        United States and Islamic countries are drawing interest from 
        other countries in the Middle East region, and Islamic 
        countries can become full participants in the rules-based 
        global trading system, as the United States considers lowering 
        its barriers to trade with the poorest Arab countries.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) a comprehensive United States strategy to counter 
        terrorism should include economic policies that encourage 
        development, open societies, and opportunities for people to 
        improve the lives of their families and to enhance prospects 
        for their children's future;
            (2) 1 element of such a strategy should encompass the 
        lowering of trade barriers with the poorest countries that have 
        a significant population of Arab or Muslim individuals;
            (3) another element of such a strategy should encompass 
        United States efforts to promote economic reform in countries 
        that have a significant population of Arab or Muslim 
        individuals, including efforts to integrate such countries into 
        the global trading system; and
            (4) given the importance of the rule of law in promoting 
        economic development and attracting investment, the United 
        States should devote an increased proportion of its assistance 
        to countries in the Middle East to the promotion of the rule of 
        law.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report on the efforts of the United States 
        Government to encourage development and promote economic reform 
        in countries that have a significant population of Arab or 
        Muslim individuals.
            (2) Content.--The report required under this subsection 
        shall describe--
                    (A) efforts to integrate countries with significant 
                populations of Arab or Muslim individuals into the 
                global trading system; and
                    (B) actions that the United States Government, 
                acting alone and in partnership with other governments 
                in the Middle East, can take to promote intra-regional 
                trade and the rule of law in the region.

SEC. 511. MIDDLE EAST PARTNERSHIP INITIATIVE.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 2005 $200,000,000 for the Middle East 
Partnership Initiative.
    (b) Sense of Congress.--It is the sense of Congress that, given the 
importance of the rule of law and economic reform to development in the 
Middle East, a significant portion of the funds authorized to be 
appropriated under subsection (a) should be made available to promote 
the rule of law in the Middle East.

SEC. 512. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Almost every aspect of the counterterrorism strategy of 
        the United States relies on international cooperation.
            (2) Since September 11, 2001, the number and scope of 
        United States Government contacts with foreign governments 
        concerning counterterrorism have expanded significantly, but 
        such contacts have often been ad hoc and not integrated as a 
        comprehensive and unified approach.
    (b) International Contact Group on Counterterrorism.--
            (1) Sense of congress.--It is the sense of Congress that 
        the President--
                    (A) should seek to engage the leaders of the 
                governments of other countries in a process of 
                advancing beyond separate and uncoordinated national 
                counterterrorism strategies to develop with those other 
                governments a comprehensive coalition strategy to fight 
                Islamist terrorism; and
                    (B) to that end, should seek to establish an 
                international counterterrorism policy contact group 
                with the leaders of governments providing leadership in 
                global counterterrorism efforts and governments of 
                countries with sizable Muslim populations, to be used 
                as a ready and flexible international means for 
                discussing and coordinating the development of 
                important counterterrorism policies by the 
                participating governments.
            (2) Authority.--The President is authorized to establish an 
        international counterterrorism policy contact group with the 
        leaders of governments referred to in paragraph (1) for 
        purposes as follows:
                    (A) To develop in common with such other countries 
                important policies and a strategy that address the 
                various components of international prosecution of the 
                war on terrorism, including policies and a strategy 
                that address military issues, law enforcement, the 
                collection, analysis, and dissemination of 
                intelligence, issues relating to interdiction of travel 
                by terrorists, counterterrorism-related customs issues, 
                financial issues, and issues relating to terrorist 
                sanctuaries.
                    (B) To address, to the extent (if any) that the 
                President and leaders of other participating 
                governments determine appropriate, such long-term 
                issues as economic and political reforms that can 
                contribute to strengthening stability and security in 
                the Middle East.

SEC. 513. DETENTION AND HUMANE TREATMENT OF CAPTURED TERRORISTS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Carrying out the global war on terrorism requires the 
        development of policies with respect to the detention and 
        treatment of captured international terrorists that is adhered 
        to by all coalition forces.
            (2) Article 3 of the Convention Relative to the Treatment 
        of Prisoners of War, done at Geneva August 12, 1949 (6 UST 
        3316) was specifically designed for cases in which the usual 
        rules of war do not apply, and the minimum standards of 
        treatment pursuant to such Article are generally accepted 
        throughout the world as customary international law.
    (b) Definitions.--In this section:
            (1) Cruel, inhuman, or degrading treatment or punishment.--
        The term ``cruel, inhuman, or degrading treatment or 
        punishment'' means the cruel, unusual, and inhumane treatment 
        or punishment prohibited by the 5th amendment, 8th amendment, 
        or 14th amendment to the Constitution.
            (2) Geneva conventions.--The term ``Geneva Conventions'' 
        means--
                    (A) the Convention for the Amelioration of the 
                Condition of the Wounded and Sick in Armed Forces in 
                the Field, done at Geneva August 12, 1949 (6 UST 3114);
                    (B) the Convention for the Amelioration of the 
                Condition of the Wounded, Sick, and Shipwrecked Members 
                of Armed Forces at Sea, done at Geneva August 12, 1949 
                (6 UST 3217);
                    (C) the Convention Relative to the Treatment of 
                Prisoners of War, done at Geneva August 12, 1949 (6 UST 
                3316); and
                    (D) the Convention Relative to the Protection of 
                Civilian Persons in Time of War, done at Geneva August 
                12, 1949 (6 UST 3516).
            (3) Prisoner.--The term ``prisoner'' means a foreign 
        individual captured, detained, interned, or otherwise held in 
        the custody of the United States.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (5) Torture.--The term ``torture'' has the meaning given 
        that term in section 2340 of title 18, United States Code.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should engage countries that are 
        participating in the coalition to fight terrorism to develop a 
        common approach toward the detention and humane treatment of 
        captured international terrorists; and
            (2) an approach toward the detention and humane treatment 
        of captured international terrorists developed by the countries 
        participating in the coalition to fight terrorism could draw 
        upon Article 3 of the Convention Relative to the Treatment of 
        Prisoners of War, the principles of which are commonly accepted 
        as minimum basic standards for humane treatment of captured 
        individuals.
    (d) Policy.--It is the policy of the United States--
            (1) to treat any prisoner humanely and in accordance with 
        standards that the Government of the United States would 
        determine to be consistent with international law if such 
        standards were applied to personnel of the United States 
        captured by an enemy in the war on terrorism;
            (2) if there is any doubt as to whether a prisoner is 
        entitled to the protections afforded by the Geneva Conventions, 
        to provide the prisoner such protections until the status of 
        the prisoner is determined under the procedures authorized by 
        paragraph 1-6 of Army Regulation 190-8 (1997); and
            (3) to expeditiously prosecute cases of terrorism or other 
        criminal acts alleged to have been committed by prisoners in 
        the custody of the United States Armed Forces at Guantanamo 
        Bay, Cuba, in order to avoid the indefinite detention of such 
        prisoners.
    (e) Prohibition on Torture or Cruel, Inhuman, or Degrading 
Treatment or Punishment.--
            (1) In general.--No prisoner shall be subject to torture or 
        cruel, inhuman, or degrading treatment or punishment that is 
        prohibited by the Constitution, laws, or treaties of the United 
        States.
            (2) Relationship to geneva conventions.--Nothing in this 
        section shall affect the status of any person under the Geneva 
        Conventions or whether any person is entitled to the 
        protections of the Geneva Conventions.
    (f) Rules, Regulations, and Guidelines.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall prescribe the 
        rules, regulations, or guidelines necessary to ensure 
        compliance with the prohibition in subsection (e)(1) by the 
        members of the Armed Forces of the United States and by any 
        person providing services to the Department of Defense on a 
        contract basis.
            (2) Report to congress.--The Secretary shall submit to 
        Congress the rules, regulations, or guidelines prescribed under 
        paragraph (1), and any modifications to such rules, 
        regulations, or guidelines--
                    (A) not later than 30 days after the effective date 
                of such rules, regulations, guidelines, or 
                modifications; and
                    (B) in a manner and form that will protect the 
                national security interests of the United States.
    (g) Report on Possible Violations.--
            (1) Requirement.--The Secretary shall submit, on a timely 
        basis and not less than twice each year, a report to Congress 
        on the circumstances surrounding any investigation of a 
        possible violation of the prohibition in subsection (e)(1) by a 
        member of the Armed Forces of the United States or by a person 
        providing services to the Department of Defense on a contract 
        basis.
            (2) Form of report.--A report required under paragraph (1) 
        shall be submitted in a manner and form that--
                    (A) will protect the national security interests of 
                the United States; and
                    (B) will not prejudice any prosecution of an 
                individual involved in, or responsible for, a violation 
                of the prohibition in subsection (e)(1).
    (h) Report on a Coalition Approach Toward the Detention and Humane 
Treatment of Captured Terrorists.--Not later than 180 days after the 
date of the enactment of this Act, the President shall submit to 
Congress a report describing the efforts of the United States 
Government to develop an approach toward the detention and humane 
treatment of captured international terrorists that will be adhered to 
by all countries that are members of the coalition against terrorism.

SEC. 514. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Al Qaeda has tried to acquire or make weapons of mass 
        destruction since 1994 or earlier.
            (2) The United States doubtless would be a prime target for 
        use of any such weapon by al Qaeda.
            (3) Although the United States Government has redoubled its 
        international commitments to supporting the programs for 
        Cooperative Threat Reduction and other nonproliferation 
        assistance programs, nonproliferation experts continue to 
        express deep concern about the United States Government's 
        commitment and approach to securing the weapons of mass 
        destruction and related highly dangerous materials that are 
        still scattered among Russia and other countries of the former 
        Soviet Union.
            (4) The cost of increased investment in the prevention of 
        proliferation of weapons of mass destruction and related 
        dangerous materials is greatly outweighed by the potentially 
        catastrophic cost to the United States of use of weapons of 
        mass destruction or related dangerous materials by the 
        terrorists who are so eager to acquire them.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) maximum effort to prevent the proliferation of weapons 
        of mass destruction, wherever such proliferation may occur, is 
        warranted; and
            (2) the programs of the United States Government to prevent 
        or counter the proliferation of weapons of mass destruction, 
        including the Proliferation Security Initiative, the programs 
        for Cooperative Threat Reduction, and other nonproliferation 
        assistance programs, should be expanded, improved, and better 
        funded to address the global dimensions of the proliferation 
        threat.
    (c) Requirement for Strategy.--Not later than 180 days after the 
date of the enactment of this Act, the President shall submit to 
Congress--
            (1) a strategy for expanding and strengthening the 
        Proliferation Security Initiative, the programs for Cooperative 
        Threat Reduction, and other nonproliferation assistance 
        programs; and
            (2) an estimate of the funding necessary to execute that 
        strategy.
    (d) Report on Reforming the Cooperative Threat Reduction Program 
and Other Non-Proliferation Assistance Programs.--Not later than 180 
days after the date of the enactment of this Act, the President shall 
submit to Congress a report evaluating whether the United States could 
more effectively address the global threat of nuclear proliferation 
by--
            (1) establishing a central coordinator for the programs for 
        Cooperative Threat Reduction;
            (2) eliminating the requirement that the President spend no 
        more than $50,000,000 annually on programs for Cooperative 
        Threat Reduction and other non-proliferation assistance 
        programs carried out outside the former Soviet Union; or
            (3) repealing the provisions of the Soviet Nuclear Threat 
        Reduction Act of 1991 (22 U.S.C. 2551 note) that place 
        conditions on assistance to the former Soviet Union unrelated 
        to bilateral cooperation on weapons dismantlement.

SEC. 515. FINANCING OF TERRORISM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) While efforts to designate and freeze the assets of 
        terrorist financiers have been relatively unsuccessful, efforts 
        to target the relatively small number of al Qaeda financial 
        facilitators have been valuable and successful.
            (2) The death or capture of several important financial 
        facilitators has decreased the amount of money available to al 
        Qaeda, and has made it more difficult for al Qaeda to raise and 
        move money.
            (3) The capture of al Qaeda financial facilitators has 
        provided a windfall of intelligence that can be used to 
        continue the cycle of disruption.
            (4) The United States Government has rightly recognized 
        that information about terrorist money helps in understanding 
        terror networks, searching them out, and disrupting their 
        operations.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the primary weapon in the effort to stop terrorist 
        financing should be the targeting of terrorist financial 
        facilitators by intelligence and law enforcement agencies; and
            (2) efforts to track terrorist financing must be paramount 
        in United States counter-terrorism efforts.
    (c) Report on Terrorist Financing.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report evaluating the effectiveness of United States 
        efforts to curtail the international financing of terrorism.
            (2) Contents.--The report required by paragraph (1) shall 
        evaluate and make recommendations on--
                    (A) the effectiveness of efforts and methods to 
                track terrorist financing;
                    (B) ways to improve international governmental 
                cooperation in this effort;
                    (C) ways to improve performance of financial 
                institutions in this effort;
                    (D) the adequacy of agency coordination in this 
                effort and ways to improve that coordination; and
                    (E) recommendations for changes in law and 
                additional resources required to improve this effort.

           TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING

SEC. 601. COUNTERTERRORIST TRAVEL INTELLIGENCE.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Travel documents are as important to terrorists as 
        weapons since terrorists must travel clandestinely to meet, 
        train, plan, case targets, and gain access to attack sites.
            (2) International travel is dangerous for terrorists 
        because they must surface to pass through regulated channels, 
        present themselves to border security officials, or attempt to 
        circumvent inspection points.
            (3) Terrorists use evasive, but detectable, methods to 
        travel, such as altered and counterfeit passports and visas, 
        specific travel methods and routes, liaisons with corrupt 
        government officials, human smuggling networks, supportive 
        travel agencies, and immigration and identity fraud.
            (4) Before September 11, 2001, no Federal agency 
        systematically analyzed terrorist travel strategies. If an 
        agency had done so, the agency could have discovered the ways 
        in which the terrorist predecessors to al Qaeda had been 
        systematically, but detectably, exploiting weaknesses in our 
        border security since the early 1990s.
            (5) Many of the hijackers were potentially vulnerable to 
        interception by border authorities. Analyzing their 
        characteristic travel documents and travel patterns could have 
        allowed authorities to intercept some of the hijackers and a 
        more effective use of information available in Government 
        databases could have identified some of the hijackers.
            (6) The routine operations of our immigration laws and the 
        aspects of those laws not specifically aimed at protecting 
        against terrorism inevitably shaped al Qaeda's planning and 
        opportunities.
            (7) New insights into terrorist travel gained since 
        September 11, 2001, have not been adequately integrated into 
        the front lines of border security.
            (8) The small classified terrorist travel intelligence 
        collection and analysis program currently in place has produced 
        useful results and should be expanded.
    (b) Strategy.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        submit to Congress unclassified and classified versions of a 
        strategy for combining terrorist travel intelligence, 
        operations, and law enforcement into a cohesive effort to 
        intercept terrorists, find terrorist travel facilitators, and 
        constrain terrorist mobility domestically and internationally. 
        The report to Congress should include a description of the 
        actions taken to implement the strategy.
            (2) Accountability.--The strategy submitted under paragraph 
        (1) shall--
                    (A) describe a program for collecting, analyzing, 
                disseminating, and utilizing information and 
                intelligence regarding terrorist travel tactics and 
                methods; and
                    (B) outline which Federal intelligence, diplomatic, 
                and law enforcement agencies will be held accountable 
                for implementing each element of the strategy.
            (3) Coordination.--The strategy shall be developed in 
        coordination with all relevant Federal agencies, including--
                    (A) the National Counterterrorism Center;
                    (B) the Department of Transportation;
                    (C) the Department of State;
                    (D) the Department of the Treasury;
                    (E) the Department of Justice;
                    (F) the Department of Defense;
                    (G) the Federal Bureau of Investigation;
                    (H) the Drug Enforcement Agency; and
                    (I) the agencies that comprise the intelligence 
                community.
            (4) Contents.--The strategy shall address--
                    (A) the intelligence and law enforcement 
                collection, analysis, operations, and reporting 
                required to identify and disrupt terrorist travel 
                practices and trends, and the terrorist travel 
                facilitators, document forgers, human smugglers, travel 
                agencies, and corrupt border and transportation 
                officials who assist terrorists;
                    (B) the initial and ongoing training and training 
                materials required by consular, border, and immigration 
                officials to effectively detect and disrupt terrorist 
                travel described under subsection (c)(3);
                    (C) the new procedures required and actions to be 
                taken to integrate existing counterterrorist travel and 
                mobility intelligence into border security processes, 
                including consular, port of entry, border patrol, 
                maritime, immigration benefits, and related law 
                enforcement activities;
                    (D) the actions required to integrate current 
                terrorist mobility intelligence into military force 
                protection measures;
                    (E) the additional assistance to be given to the 
                interagency Human Smuggling and Trafficking Center for 
                purposes of combatting terrorist travel, including 
                further developing and expanding enforcement and 
                operational capabilities that address terrorist travel;
                    (F) the additional resources to be given to the 
                Directorate of Information and Analysis and 
                Infrastructure Protection to aid in the sharing of 
                information between the frontline border agencies of 
                the Department of Homeland Security and classified and 
                unclassified sources of counterterrorist travel 
                intelligence and information elsewhere in the Federal 
                Government, including the Human Smuggling and 
                Trafficking Center;
                    (G) the development and implementation of 
                procedures to enable the Human Smuggling and 
                Trafficking Center to timely receive terrorist travel 
                intelligence and documentation obtained at consulates 
                and ports of entry, and by law enforcement officers and 
                military personnel;
                    (H) the use of foreign and technical assistance to 
                advance border security measures and law enforcement 
                operations against terrorist travel facilitators;
                    (I) the development of a program to provide each 
                consular, port of entry, and immigration benefits 
                office with a counterterrorist travel expert trained 
                and authorized to use the relevant authentication 
                technologies and cleared to access all appropriate 
                immigration, law enforcement, and intelligence 
                databases;
                    (J) the feasibility of digitally transmitting 
                passport information to a central cadre of specialists 
                until such time as experts described under subparagraph 
                (I) are available at consular, port of entry, and 
                immigration benefits offices; and
                    (K) granting consular officers the security 
                clearances necessary to access law enforcement 
                sensitive databases.
    (c) Frontline Counterterrorist Travel Technology and Training.--
            (1) Technology acquisition and dissemination plan.--Not 
        later than 180 days after the date of enactment of this Act, 
        the Secretary of Homeland Security, in conjunction with the 
        Secretary of State, shall submit to Congress a plan describing 
        how the Department of Homeland Security and the Department of 
        State can acquire and deploy, to all consulates, ports of 
        entry, and immigration benefits offices, technologies that 
        facilitate document authentication and the detection of 
        potential terrorist indicators on travel documents.
            (2) Contents of plan.--The plan submitted under paragraph 
        (1) shall--
                    (A) outline the timetable needed to acquire and 
                deploy the authentication technologies;
                    (B) identify the resources required to--
                            (i) fully disseminate these technologies; 
                        and
                            (ii) train personnel on use of these 
                        technologies; and
                    (C) address the feasibility of using these 
                technologies to screen every passport submitted for 
                identification purposes to a United States consular, 
                border, or immigration official.
            (3) Training program.--
                    (A) In general.--The Secretary of Homeland Security 
                and the Secretary of State shall develop and implement 
                an initial and annual training program for consular, 
                border, and immigration officials to teach such 
                officials how to effectively detect and disrupt 
                terrorist travel. The Secretary may assist State, 
                local, and tribal governments, and private industry, in 
                establishing training programs related to terrorist 
                travel intelligence.
                    (B) Training topics.--The training developed under 
                this paragraph shall include training in--
                            (i) methods for identifying fraudulent 
                        documents;
                            (ii) detecting terrorist indicators on 
                        travel documents;
                            (iii) recognizing travel patterns, tactics, 
                        and behaviors exhibited by terrorists;
                            (iv) the use of information contained in 
                        available databases and data systems and 
                        procedures to maintain the accuracy and 
                        integrity of such systems; and
                            (v) other topics determined necessary by 
                        the Secretary of Homeland Security and the 
                        Secretary of State.
                    (C) Certification.--Not later than 1 year after the 
                date of enactment of this Act--
                            (i) the Secretary of Homeland Security 
                        shall certify to Congress that all border and 
                        immigration officials have received training 
                        under this paragraph; and
                            (ii) the Secretary of State shall certify 
                        to Congress that all consular officers have 
                        received training under this paragraph.
            (4) 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 subsection.
    (d) Enhancing Classified Counterterrorist Travel Efforts.--
            (1) In general.--The National Intelligence Director shall 
        significantly increase resources and personnel to the small 
        classified program that collects and analyzes intelligence on 
        terrorist travel.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for each of the fiscal years 2005 through 
        2009 such sums as may be necessary to carry out this 
        subsection.

SEC. 602. INTEGRATED SCREENING SYSTEM.

    (a) In General.--The Secretary of Homeland Security shall develop a 
plan for a comprehensive integrated screening system.
    (b) Design.--The system planned under subsection (a) shall be 
designed to--
            (1) encompass an integrated network of screening points 
        that includes the Nation's border security system, 
        transportation system, and critical infrastructure or 
        facilities that the Secretary determines need to be protected 
        against terrorist attack;
            (2) build upon existing border enforcement and security 
        activities, and to the extent practicable, private sector 
        security initiatives, in a manner that will enable the 
        utilization of a range of security check points in a continuous 
        and consistent manner throughout the Nation's screening system;
            (3) allow access to government databases to detect 
        terrorists; and
            (4) utilize biometric identifiers that the Secretary 
        determines to be appropriate and feasible.
    (c) Standards for Screening Procedures.--
            (1) Authorization.--The Secretary may promulgate standards 
        for screening procedures for--
                    (A) entering and leaving the United States;
                    (B) accessing Federal facilities that the Secretary 
                determines need to be protected against terrorist 
                attack;
                    (C) accessing critical infrastructure that the 
                Secretary determines need to be protected against 
                terrorist attack; and
                    (D) accessing modes of transportation that the 
                Secretary determines need to be protected against 
                terrorist attack.
            (2) Scope.--Standards prescribed under this subsection may 
        address a range of factors, including technologies required to 
        be used in screening and requirements for secure 
        identification.
            (3) Requirements.--In promulgating standards for screening 
        procedures, the Secretary shall--
                    (A) consider and incorporate appropriate civil 
                liberties and privacy protections;
                    (B) comply with the Administrative Procedure Act; 
                and
                    (C) consult with other Federal, State, local, and 
                tribal governments, and other interested parties, as 
                appropriate.
            (4) Limitation.--This section does not confer to the 
        Secretary new statutory authority, or alter existing 
        authorities, over systems, critical infrastructure, and 
        facilities.
            (5) Notification.--If the Secretary determines that 
        additional regulatory authority is needed to fully implement 
        the plan for an integrated screening system, the Secretary 
        shall immediately notify Congress.
    (d) Compliance.--The Secretary may issue regulations to ensure 
compliance with the standards promulgated under this section.
    (e) Consultation.--For those systems, critical infrastructure, and 
facilities that the Secretary determines need to be protected against 
terrorist attack, the Secretary shall consult with other Federal 
agencies, State, local, and tribal governments, and the private sector 
to ensure the development of consistent standards and consistent 
implementation of the integrated screening system.
    (f) Biometric Identifiers.--In carrying out this section, the 
Secretary shall continue to review biometric technologies and existing 
Federal and State programs using biometric identifiers. Such review 
shall consider the accuracy rate of available technologies.
    (g) Implementation.--
            (1) Phase i.--The Secretary shall--
                    (A) issue standards for driver's licenses, personal 
                identification cards, and birth certificates, as 
                required under section 606;
                    (B) develop plans for, and begin implementation of, 
                a single program for registered travelers to expedite 
                travel across the border, as required under section 
                603(e);
                    (C) continue the implementation of a biometric exit 
                and entry data system that links to relevant databases 
                and data systems, as required by subsections (b) and 
                (c) of section 603 and other existing authorities;
                    (D) centralize the ``no-fly'' and ``automatic-
                selectee'' lists, making use of improved terrorists 
                watch lists, as required by section 703;
                    (E) develop plans, in consultation with other 
                relevant agencies, for the sharing of terrorist 
                information with trusted governments, as required by 
                section 605;
                    (F) initiate any other action determined 
                appropriate by the Secretary to facilitate the 
                implementation of this paragraph; and
                    (G) report to Congress on the implementation of 
                phase I, including--
                            (i) the effectiveness of actions taken, the 
                        efficacy of resources expended, compliance with 
                        statutory provisions, and safeguards for 
                        privacy and civil liberties; and
                            (ii) plans for the development and 
                        implementation of phases II and III.
            (2) Phase ii.--The Secretary shall--
                    (A) complete the implementation of a single program 
                for registered travelers to expedite travel across the 
                border, as required by section 603(e);
                    (B) complete the implementation of a biometric 
                entry and exit data system that links to relevant 
                databases and data systems, as required by subsections 
                (b) and (c) of section 603, and other existing 
                authorities;
                    (C) in cooperation with other relevant agencies, 
                engage in dialogue with foreign governments to develop 
                plans for the use of common screening standards;
                    (D) initiate any other action determined 
                appropriate by the Secretary to facilitate the 
                implementation of this paragraph; and
                    (E) report to Congress on the implementation of 
                phase II, including--
                            (i) the effectiveness of actions taken, the 
                        efficacy of resources expended, compliance with 
                        statutory provisions, and safeguards for 
                        privacy and civil liberties; and
                            (ii) the plans for the development and 
                        implementation of phase III.
            (3) Phase iii.--The Secretary shall--
                    (A) finalize and deploy the integrated screening 
                system required by subsection (a);
                    (B) in cooperation with other relevant agencies, 
                promote the implementation of common screening 
                standards by foreign governments; and
                    (C) report to Congress on the implementation of 
                Phase III, including--
                            (i) the effectiveness of actions taken, the 
                        efficacy of resources expended, compliance with 
                        statutory provisions, and safeguards for 
                        privacy and civil liberties; and
                            (ii) the plans for the ongoing operation of 
                        the integrated screening system.
    (h) Report.--After phase III has been implemented, the Secretary 
shall submit a report to Congress every 3 years that describes the 
ongoing operation of the integrated screening system, including its 
effectiveness, efficient use of resources, compliance with statutory 
provisions, and safeguards for privacy and civil liberties.
    (i) Authorizations.--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. 603. 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 (USA PATRIOT ACT) Act of 2001 
                (Public Law 107-56).
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress on the plan developed under paragraph (1), which shall 
        contain--
                    (A) a description of the current functionality of 
                the entry and exit data system, including--
                            (i) a listing of ports of entry 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 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 
        enactment of this Act, the Secretary shall submit to 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. 604. TRAVEL DOCUMENTS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress finds 
that--
            (1) existing procedures allow many individuals to enter the 
        United States by showing minimal identification or without 
        showing any identification;
            (2) the planning for the terrorist attacks of September 11, 
        2001, demonstrates that terrorists study and exploit United 
        States vulnerabilities; and
            (3) additional safeguards are needed to ensure that 
        terrorists cannot enter the United States.
    (b) Biometric Passports.--
            (1) Development of plan.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, shall 
        develop and implement a plan as expeditiously as possible to 
        require biometric passports or other identification deemed by 
        the Secretary to be at least as secure as a biometric passport, 
        for all travel into the United States by United States citizens 
        and by categories of individuals for whom documentation 
        requirements have previously been waived under section 
        212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)(4)(B)).
            (2) Requirement to produce documentation.--The plan 
        developed under paragraph (1) shall require all United States 
        citizens, and categories of individuals for whom documentation 
        requirements have previously been waived under section 
        212(d)(4)(B) of such Act, to carry and produce the 
        documentation described in paragraph (1) when traveling from 
        foreign countries into the United States.
    (c) Technical and Conforming Amendments.--After the complete 
implementation of the plan described in subsection (b)--
            (1) the Secretary of State and the Attorney General may no 
        longer exercise discretion under section 212(d)(4)(B) of such 
        Act to waive documentary requirements for travel into the 
        United States; and
            (2) the President may no longer exercise discretion under 
        section 215(b) of such Act to waive documentary requirements 
        for United States citizens departing from or entering, or 
        attempting to depart from or enter, the United States, unless 
        the Secretary of State determines that the alternative 
        documentation that is the basis for the waiver of the 
        documentary requirement is at least as secure as a biometric 
        passport.
    (d) Transit Without Visa Program.--The Secretary of State shall not 
use any authorities granted under section 212(d)(4)(C) of such Act 
until the Secretary, in conjunction with the Secretary of Homeland 
Security, completely implements a security plan to fully ensure secure 
transit passage areas to prevent aliens proceeding in immediate and 
continuous transit through the United States from illegally entering 
the United States.

SEC. 605. EXCHANGE OF TERRORIST INFORMATION.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress finds 
that--
            (1) the exchange of terrorist information with other 
        countries, consistent with privacy requirements, along with 
        listings of lost and stolen passports, will have immediate 
        security benefits; and
            (2) the further away from the borders of the United States 
        that screening occurs, the more security benefits the United 
        States will gain.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States Government should exchange terrorist 
        information with trusted allies;
            (2) the United States Government should move toward real-
        time verification of passports with issuing authorities;
            (3) where practicable the United States Government should 
        conduct screening before a passenger departs on a flight 
        destined for the United States;
            (4) the United States Government should work with other 
        countries to ensure effective inspection regimes at all 
        airports;
            (5) the United States Government should work with other 
        countries to improve passport standards and provide foreign 
        assistance to countries that need help making the transition to 
        the global standard for identification; and
            (6) the Department of Homeland Security, in coordination 
        with the Department of State and other agencies, should 
        implement the initiatives called for in this subsection.
    (c) Report Regarding the Exchange of Terrorist Information.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of State and the Secretary 
        of Homeland Security, working with other agencies, shall submit 
        to the appropriate committees of Congress a report on Federal 
        efforts to collaborate with allies of the United States in the 
        exchange of terrorist information.
            (2) Contents.--The report shall outline--
                    (A) strategies for increasing such collaboration 
                and cooperation;
                    (B) progress made in screening passengers before 
                their departure to the United States; and
                    (C) efforts to work with other countries to 
                accomplish the goals described under this section.

SEC. 606. MINIMUM STANDARDS FOR IDENTIFICATION-RELATED DOCUMENTS.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following:

``SEC. 890A. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.

    ``(a) Definition.--In this section, the term `birth certificate' 
means a certificate of birth--
            ``(1) for an individual (regardless of where born)--
                    ``(A) who is a citizen or national of the United 
                States at birth; and
                    ``(B) whose birth is registered in the United 
                States; and
            ``(2) that--
                    ``(A) is issued by a Federal, State, or local 
                government agency or authorized custodian of record and 
                produced from birth records maintained by such agency 
                or custodian of record; or
                    ``(B) is an authenticated copy, issued by a 
                Federal, State, or local government agency or 
                authorized custodian of record, of an original 
                certificate of birth issued by such agency or custodian 
                of record.
    ``(b) Standards for Acceptance by Federal Agencies.--
            ``(1) In general.--Beginning 2 years after the promulgation 
        of minimum standards under paragraph (2), no Federal agency may 
        accept a birth certificate for any official purpose unless the 
        certificate conforms to such standards.
            ``(2) Minimum standards.--Within 1 year after the date of 
        enactment of this section, the Secretary shall by regulation 
        establish minimum standards for birth certificates for use by 
        Federal agencies for official purposes that--
                    ``(A) at a minimum, shall require certification of 
                the birth certificate by the State or local government 
                custodian of record that issued the certificate, and 
                shall require the use of safety paper, the seal of the 
                issuing custodian of record, and other features 
                designed to prevent tampering, counterfeiting, or 
                otherwise duplicating the birth certificate for 
                fraudulent purposes;
                    ``(B) shall establish requirements for proof and 
                verification of identity as a condition of issuance of 
                a birth certificate, with additional security measures 
                for the issuance of a birth certificate for a person 
                who is not the applicant;
                    ``(C) may not require a single design to which 
                birth certificates issued by all States must conform; 
                and
                    ``(D) shall accommodate the differences between the 
                States in the manner and form in which birth records 
                are stored and birth certificates are produced from 
                such records.
            ``(3) Consultation with government agencies.--In 
        promulgating the standards required by paragraph (2), the 
        Secretary shall consult with State vital statistics offices and 
        appropriate Federal agencies.
            ``(4) Extension of effective date.--The Secretary may 
        extend the 2-year date under paragraph (1) by up to 2 
        additional years for birth certificates issued before that 2-
        year date if the Secretary determines that the States are 
        unable to comply with such date after making reasonable efforts 
        to do so.
    ``(c) Grants to States.--
            ``(1) Assistance in meeting federal standards.--
                    ``(A) In general.--Beginning on the date a final 
                regulation is promulgated under subsection (b)(2), the 
                Secretary shall make grants to States to assist them in 
                conforming to the minimum standards for birth 
                certificates set forth in the regulation.
                    ``(B) Allocation of grants.--The Secretary shall 
                make grants to States under this paragraph based on the 
                proportion that the estimated average annual number of 
                birth certificates issued by a State applying for a 
                grant bears to the estimated average annual number of 
                birth certificates issued by all States.
            ``(2) Assistance in matching birth and death records.--
                    ``(A) In general.--The Secretary, in coordination 
                with other appropriate Federal agencies, shall make 
                grants to States to assist them in--
                            ``(i) computerizing their birth and death 
                        records;
                            ``(ii) developing the capability to match 
                        birth and death records within each State and 
                        among the States; and
                            ``(iii) noting the fact of death on the 
                        birth certificates of deceased persons.
                    ``(B) Allocation of grants.--The Secretary shall 
                make grants to States under this paragraph based on the 
                proportion that the estimated annual average number of 
                birth and death records created by a State applying for 
                a grant bears to the estimated annual average number of 
                birth and death records originated by all States.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009 such sums as may be necessary to carry out this section.

``SEC. 890B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.

    ``(a) Definitions.--In this section:
            ``(1) Driver's license.--The term `driver's license' means 
        a motor vehicle operator's license as defined in section 
        30301(5) of title 49, United States Code.
            ``(2) Personal identification card.--The term `personal 
        identification card' means an identification document (as 
        defined in section 1028(d)(3) of title 18, United States Code) 
        issued by a State.
    ``(b) Standards for Acceptance by Federal Agencies.--
            ``(1) In general.--
                    ``(A) Limitation on acceptance.--No Federal agency 
                may accept, for any official purpose, a driver's 
                license or personal identification card issued by a 
                State more than 2 years after the promulgation of the 
                minimum standards under paragraph (2) unless the 
                driver's license or personal identification card 
                conforms to such minimum standards.
                    ``(B) Date for conformance.--The Secretary shall 
                establish a date after which no driver's license or 
                personal identification card shall be accepted by a 
                Federal agency for any official purpose unless such 
                driver's license or personal identification card 
                conforms to the minimum standards established under 
                paragraph (2). The date shall be as early as the 
                Secretary determines it is practicable for the States 
                to comply with such date with reasonable efforts.
            ``(2) Minimum standards.--Within 1 year after the date of 
        enactment of this section, the Secretary shall by regulation 
        establish minimum standards for driver's licenses or personal 
        identification cards issued by a State for use by Federal 
        agencies for identification purposes that shall include--
                    ``(A) standards for documentation required as proof 
                of identity of an applicant for a driver's license or 
                identification card;
                    ``(B) standards for third-party verification of the 
                authenticity of documents used to obtain a driver's 
                license or identification card;
                    ``(C) standards for the processing of applications 
                for driver's licenses and identification cards to 
                prevent fraud;
                    ``(D) security standards to ensure that driver's 
                licenses and identification cards are--
                            ``(i) resistant to tampering, alteration, 
                        or counterfeiting; and
                            ``(ii) capable of accommodating a digital 
                        photograph or other unique identifier; and
                    ``(E) a requirement that a State confiscate a 
                driver's license or identification card if any 
                component or security feature of the license or 
                identification card is compromised.
            ``(3) Content of regulations.--The regulations required by 
        paragraph (2)--
                    ``(A) shall facilitate communication between the 
                chief driver licensing official of a State and an 
                appropriate official of a Federal agency to verify the 
                authenticity of documents issued by such Federal agency 
                and presented to prove the identity of an individual;
                    ``(B) may not directly or indirectly infringe on a 
                State's power to set eligibility criteria for obtaining 
                a driver's license or identification card from that 
                State; and
                    ``(C) may not require a State to comply with any 
                such regulation that conflicts with or otherwise 
                interferes with the full enforcement of such 
                eligibility criteria by the State.
            ``(4) Consultation with government agencies.--In 
        promulgating the standards required by paragraph (2), the 
        Secretary shall consult with the Department of Transportation, 
        the chief driver licensing official of each State, any other 
        State organization that issues personal identification cards, 
        and any organization, determined appropriate by the Secretary, 
        that represents the interests of the States.
    ``(c) Grants to States.--
            ``(1) Assistance in meeting federal standards.--Beginning 
        on the date a final regulation is promulgated under subsection 
        (b)(2), the Secretary shall make grants to States to assist 
        them in conforming to the minimum standards for driver's 
        licenses and personal identification cards set forth in the 
        regulation.
            ``(2) Allocation of grants.--The Secretary shall make 
        grants to States under this subsection based on the proportion 
        that the estimated average annual number of driver's licenses 
        and personal identification cards issued by a State applying 
        for a grant bears to the average annual number of such 
        documents issued by all States.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary for each of the fiscal years 2005 through 
2009, such sums as may be necessary to carry out this section.

``SEC. 890C. SOCIAL SECURITY CARDS.

    ``(a) Security Enhancements.--The Commissioner of Social Security 
shall--
            ``(1) within 180 days after the date of enactment of this 
        section, issue regulations to restrict the issuance of multiple 
        replacement social security cards to any individual to minimize 
        fraud;
            ``(2) within 1 year after the date of enactment of this 
        section, require independent verification of all records 
        provided by an applicant for an original social security card, 
        other than for purposes of enumeration at birth; and
            ``(3) within 18 months after the date of enactment of this 
        section, add death, fraud, and work authorization indicators to 
        the social security number verification system.
    ``(b) Interagency Security Task Force.--The Secretary and the 
Commissioner of Social Security shall form an interagency task force 
for the purpose of further improving the security of social security 
cards and numbers. Within 1 year after the date of enactment of this 
section, the task force shall establish security requirements, 
including--
            ``(1) standards for safeguarding social security cards from 
        counterfeiting, tampering, alteration, and theft;
            ``(2) requirements for verifying documents submitted for 
        the issuance of replacement cards; and
            ``(3) actions to increase enforcement against the 
        fraudulent use or issuance of social security numbers and 
        cards.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commissioner of Social Security for each of the 
fiscal years 2005 through 2009, such sums as may be necessary to carry 
out this section.''.
    (b) Technical and Conforming Amendments.--
            (1) Section 656 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is 
        repealed.
            (2) Section 1(b) of the Homeland Security Act of 2002 
        (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
        after the item relating to section 890 the following:

``Sec. 890A. Minimum standards for birth certificates.
``Sec. 890B. Driver's licenses and personal identification cards.
``Sec. 890C. Social security cards.''.

                   TITLE VII--TRANSPORTATION SECURITY

SEC. 701. DEFINITIONS.

    In this title, the terms ``air carrier'', ``air transportation'', 
``aircraft'', ``airport'', ``cargo'', ``foreign air carrier'', and 
``intrastate air transportation'' have the meanings given such terms in 
section 40102 of title 49, United States Code.

SEC. 702. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

    (a) Requirement for Strategy.--
            (1) Responsibilities of secretary of homeland security.--
        The Secretary of Homeland Security shall--
                    (A) develop and implement a National Strategy for 
                Transportation Security; and
                    (B) revise such strategy whenever necessary to 
                improve or to maintain the currency of the strategy or 
                whenever the Secretary otherwise considers it 
                appropriate to do so.
            (2) Consultation with secretary of transportation.--The 
        Secretary of Homeland Security shall consult with the Secretary 
        of Transportation in developing and revising the National 
        Strategy for Transportation Security under this section.
    (b) Content.--The National Strategy for Transportation Security 
shall include the following matters:
            (1) An identification and evaluation of the transportation 
        assets within the United States that, in the interests of 
        national security, must be protected from attack or disruption 
        by terrorist or other hostile forces, including aviation, 
        bridge and tunnel, commuter rail and ferry, highway, maritime, 
        pipeline, rail, urban mass transit, and other public 
        transportation infrastructure assets that could be at risk of 
        such an attack or disruption.
            (2) The development of the risk-based priorities, and 
        realistic deadlines, for addressing security needs associated 
        with those assets.
            (3) The most practical and cost-effective means of 
        defending those assets against threats to their security.
            (4) A forward-looking strategic plan that assigns 
        transportation security roles and missions to departments and 
        agencies of the Federal Government (including the Armed 
        Forces), State governments (including the Army National Guard 
        and Air National Guard), local governments, and public 
        utilities, and establishes mechanisms for encouraging private 
        sector cooperation and participation in the implementation of 
        such plan.
            (5) A comprehensive delineation of response and recovery 
        responsibilities and issues regarding threatened and executed 
        acts of terrorism within the United States.
            (6) A prioritization of research and development objectives 
        that support transportation security needs, giving a higher 
        priority to research and development directed toward protecting 
        vital assets.
            (7) A budget and recommendations for appropriate levels and 
        sources of funding to meet the objectives set forth in the 
        strategy.
    (c) Submissions to Congress.--
            (1) The national strategy.--
                    (A) Initial strategy.--The Secretary of Homeland 
                Security shall submit the National Strategy for 
                Transportation Security developed under this section to 
                Congress not later than April 1, 2005.
                    (B) Subsequent versions.--After 2005, the Secretary 
                of Homeland Security shall submit the National Strategy 
                for Transportation Security, including any revisions, 
                to Congress not less frequently than April 1 of each 
                even-numbered year.
            (2) Periodic progress report.--
                    (A) Requirement for report.--Each year, in 
                conjunction with the submission of the budget to 
                Congress under section 1105(a) of title 31, United 
                States Code, the Secretary of Homeland Security shall 
                submit to Congress an assessment of the progress made 
                on implementing the National Strategy for 
                Transportation Security.
                    (B) Content.--Each progress report under this 
                paragraph shall include, at a minimum, the following 
                matters:
                            (i) An assessment of the adequacy of the 
                        resources committed to meeting the objectives 
                        of the National Strategy for Transportation 
                        Security.
                            (ii) Any recommendations for improving and 
                        implementing that strategy that the Secretary, 
                        in consultation with the Secretary of 
                        Transportation, considers appropriate.
            (3) Classified material.--Any part of the National Strategy 
        for Transportation Security that involves information that is 
        properly classified under criteria established by Executive 
        order shall be submitted to Congress separately in classified 
        form.
    (d) Priority Status.--
            (1) In general.--The National Strategy for Transportation 
        Security shall be the governing document for Federal 
        transportation security efforts.
            (2) Other plans and reports.--The National Strategy for 
        Transportation Security shall include, as an integral part or 
        as an appendix--
                    (A) the current National Maritime Transportation 
                Security Plan under section 70103 of title 46, United 
                States Code;
                    (B) the report of the Secretary of Transportation 
                under section 44938 of title 49, United States Code; 
                and
                    (C) any other transportation security plan or 
                report that the Secretary of Homeland Security 
                determines appropriate for inclusion.

SEC. 703. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION SCREENING.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Transportation Security Administration, as soon as practicable 
after the date of the enactment of this Act but in no event later than 
90 days after that date, shall--
            (1) implement a procedure under which the Transportation 
        Security Administration compares information about passengers 
        who are to be carried aboard a passenger aircraft operated by 
        an air carrier or foreign air carrier in air transportation or 
        intrastate air transportation for flights and flight segments 
        originating in the United States with a comprehensive, 
        consolidated database containing information about known or 
        suspected terrorists and their associates; and
            (2) use the information obtained by comparing the passenger 
        information with the information in the database to prevent 
        known or suspected terrorists and their associates from 
        boarding such flights or flight segments or to subject them to 
        specific additional security scrutiny, through the use of ``no 
        fly'' and ``automatic selectee'' lists or other means.
    (b) Air Carrier Cooperation.--The Secretary of Homeland Security, 
in coordination with the Secretary of Transportation, shall by order 
require air carriers to provide the passenger information necessary to 
implement the procedure required by subsection (a).
    (c) Maintaining the Accuracy and Integrity of the ``No Fly'' and 
``Automatic Selectee'' Lists.--
            (1) Watchlist database.--The Secretary of Homeland 
        Security, in consultation with the Director of the Federal 
        Bureau of Investigation, shall design guidelines, policies, and 
        operating procedures for the collection, removal, and updating 
        of data maintained, or to be maintained, in the watchlist 
        database described in subsection (a)(1) that are designed to 
        ensure the accuracy and integrity of the database.
            (2) Accuracy of entries.--In developing the ``no fly'' and 
        ``automatic selectee'' lists under subsection (a)(2), the 
        Secretary of Homeland Security shall establish a simple and 
        timely method for correcting erroneous entries, for clarifying 
        information known to cause false hits or misidentification 
        errors, and for updating relevant information that is 
        dispositive in the passenger screening process. The Secretary 
        shall also establish a process to provide individuals whose 
        names are confused with, or similar to, names in the database 
        with a means of demonstrating that they are not a person named 
        in the database.

SEC. 704. ENHANCED PASSENGER AND CARGO SCREENING.

    (a) Aircraft Passenger Screening at Checkpoints.--
            (1) Detection of explosives.--
                    (A) Improvement of capabilities.--As soon as 
                practicable after the date of the enactment of this 
                Act, the Secretary of Homeland Security shall take such 
                action as is necessary to improve the capabilities at 
                passenger screening checkpoints, especially at 
                commercial airports, to detect explosives carried 
                aboard aircraft by passengers or placed aboard aircraft 
                by passengers.
                    (B) Interim action.--Until measures are implemented 
                that enable the screening of all passengers for 
                explosives, the Secretary shall take immediate measures 
                to require Transportation Security Administration or 
                other screeners to screen for explosives any individual 
                identified for additional screening before that 
                individual may board an aircraft.
            (2) Implementation report.--
                    (A) Requirement for report.--Within 90 days after 
                the date of the enactment of this Act, the Secretary of 
                Homeland Security shall transmit to the Senate and the 
                House of Representatives a report on how the Secretary 
                intends to achieve the objectives of the actions 
                required under paragraph (1). The report shall include 
                an implementation schedule.
                    (B) Classified information.--The Secretary may 
                submit separately in classified form any information in 
                the report under subparagraph (A) that involves 
                information that is properly classified under criteria 
                established by Executive order.
    (b) Acceleration of Research and Development on, and Deployment of, 
Detection of Explosives.--
            (1) Required action.--The Secretary of Homeland Security, 
        in consultation with the Secretary of Transportation, shall 
        take such action as may be necessary to accelerate research and 
        development and deployment of technology for screening aircraft 
        passengers for explosives during or before the aircraft 
        boarding process.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary such sums as are necessary 
        to carry out this subsection for each of fiscal years 2005 
        through 2009.
    (c) Improvement of Screener Job Performance.--
            (1) Required action.--The Secretary of Homeland Security 
        shall take such action as may be necessary to improve the job 
        performance of airport screening personnel.
            (2) Human factors study.--In carrying out this subsection, 
        the Secretary shall, not later than 180 days after the date of 
        the enactment of this Act, conduct a human factors study in 
        order better to understand problems in screener performance and 
        to set attainable objectives for individual screeners and 
        screening checkpoints.
    (d) Checked Baggage and Cargo.--
            (1) In-line baggage screening.--The Secretary of Homeland 
        Security shall take such action as may be necessary to expedite 
        the installation and use of advanced in-line baggage-screening 
        equipment at commercial airports.
            (2) Cargo security.--The Secretary shall take such action 
        as may be necessary to ensure that the Transportation Security 
        Administration increases and improves its efforts to screen 
        potentially dangerous cargo.
            (3) Hardened containers.--The Secretary, in consultation 
        with the Secretary of Transportation, shall require air 
        carriers to deploy at least 1 hardened container for containing 
        baggage or cargo items in each passenger aircraft that also 
        carries cargo.
    (e) Cost-Sharing.--Not later than 45 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with representatives of air carriers, airport operators, 
and other interested parties, shall submit to the Senate and the House 
of Representatives--
            (1) a proposed formula for cost-sharing, for the advanced 
        in-line baggage screening equipment required by this title, 
        between and among the Federal Government, State and local 
        governments, and the private sector that reflects proportionate 
        national security benefits and private sector benefits for such 
        enhancement; and
            (2) recommendations, including recommended legislation, for 
        an equitable, feasible, and expeditious system for defraying 
        the costs of the advanced in-line baggage screening equipment 
        required by this title, which may be based on the formula 
        proposed under paragraph (1).

                   TITLE VIII--NATIONAL PREPAREDNESS

SEC. 801. HOMELAND SECURITY ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Community.--The term ``community'' means a State, local 
        government, or region.
            (2) Homeland security assistance.--The term ``homeland 
        security assistance'' means grants or other financial 
        assistance provided by the Department of Homeland Security 
        under the State Homeland Security Grants Program, the Urban 
        Areas Security Initiative, or the Law Enforcement Terrorism 
        Prevention Program.
            (3) Local government.--The term ``local government'' has 
        the meaning given that term in section 2(10) of the Homeland 
        Security Act of 2002 (6 U.S.C. 101(10)).
            (4) Region.--The term ``region'' means any intrastate or 
        interstate consortium of local governments.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) State.--The term ``State'' has the meaning given that 
        term in section 2(14) of the Homeland Security Act of 2002 (6 
        U.S.C. 101(14)).
            (7) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Homeland Security for Information 
        Analysis and Infrastructure Protection.
    (b) In General.--The Secretary shall allocate homeland security 
assistance to communities based on--
            (1) the level of threat faced by a community, as determined 
        by the Secretary through the Under Secretary, in consultation 
        with the National Intelligence Director;
            (2) the critical infrastructure in the community, and the 
        risks to and vulnerability of that infrastructure, as 
        identified and assessed by the Secretary through the Under 
        Secretary;
            (3) the community's population and population density;
            (4) such other indicia of a community's risk and 
        vulnerability as the Secretary determines is appropriate;
            (5) the benchmarks developed under subsection (d)(4)(A); 
        and
            (6) the goal of achieving and enhancing essential emergency 
        preparedness and response capabilities throughout the Nation.
    (c) Reallocation of Assistance.--A State receiving homeland 
security assistance may reallocate such assistance, in whole or in 
part, among local governments or other entities, only if such 
reallocation is made on the basis of an assessment of threats, risks, 
and vulnerabilities of the local governments or other entities that is 
consistent with the criteria set forth in subsection (b).
    (d) Advisory Panel.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall establish an 
        advisory panel to assist the Secretary in determining how to 
        allocate homeland security assistance funds most effectively 
        among communities, consistent with the criteria set out in 
        subsection (b).
            (2) Selection of members.--The Secretary shall appoint no 
        fewer than 10 individuals to serve on the advisory panel. The 
        individuals shall--
                    (A) be chosen on the basis of their knowledge, 
                achievements, and experience;
                    (B) be from diverse geographic and professional 
                backgrounds; and
                    (C) have demonstrated expertise in homeland 
                security or emergency preparedness and response.
            (3) Term.--Each member of the advisory panel appointed by 
        the Secretary shall serve a term the length of which is to be 
        determined by the Secretary, but which shall not exceed 5 
        years.
            (4) Responsibilities.--The advisory panel shall--
                    (A) develop benchmarks by which the needs and 
                capabilities of diverse communities throughout the 
                Nation with respect to potential terrorist attacks may 
                be assessed, and review and revise those benchmarks as 
                appropriate; and
                    (B) advise the Secretary on means of establishing 
                appropriate priorities for the allocation of funding 
                among applicants for homeland security assistance.
            (5) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the advisory 
        panel shall provide the Secretary and Congress with a report on 
        the benchmarks it has developed under paragraph (4)(A), 
        including any revisions or modifications to such benchmarks.
            (6) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
        the advisory panel.
            (7) Administrative support services.--The Secretary shall 
        provide administrative support services to the advisory panel.
    (e) Technical and Conforming Amendment.--Section 1014(c) of the USA 
PATRIOT Act of 2001 (42 U.S.C. 3714(c)) is amended by striking 
paragraph (3).

SEC. 802. THE INCIDENT COMMAND SYSTEM.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The attacks on September 11, 2001, demonstrated that 
        even the most robust emergency response capabilities can be 
        overwhelmed if an attack is large enough.
            (2) Teamwork, collaboration, and cooperation at an incident 
        site are critical to a successful response to a terrorist 
        attack.
            (3) Key decision makers who are represented at the incident 
        command level help to ensure an effective response, the 
        efficient use of resources, and responder safety.
            (4) Regular joint training at all levels is essential to 
        ensuring close coordination during an actual incident.
            (5) Beginning with fiscal year 2005, the Department of 
        Homeland Security is requiring that entities adopt the Incident 
        Command System and other concepts of the National Incident 
        Management System in order to qualify for funds distributed by 
        the Office of State and Local Government Coordination and 
        Preparedness.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) emergency response agencies nationwide should adopt the 
        Incident Command System;
            (2) when multiple agencies or multiple jurisdictions are 
        involved, they should follow a unified command system; and
            (3) the Secretary of Homeland Security should require, as a 
        further condition of receiving homeland security preparedness 
        funds from the Office of State and Local Government 
        Coordination and Preparedness, that grant applicants document 
        measures taken to fully and aggressively implement the Incident 
        Command System and unified command procedures.

SEC. 803. NATIONAL CAPITAL REGION MUTUAL AID.

    (a) Definitions.--In this section:
            (1) Authorized representative of the federal government.--
        The term ``authorized representative of the Federal 
        Government'' means any individual or individuals designated by 
        the President with respect to the executive branch, the Chief 
        Justice with respect to the Federal judiciary, or the President 
        of the Senate and Speaker of the House of Representatives with 
        respect to Congress, or their designees, to request assistance 
        under a Mutual Aid Agreement for an emergency or public service 
        event.
            (2) Chief operating officer.--The term ``chief operating 
        officer'' means the official designated by law to declare an 
        emergency in and for the locality of that chief operating 
        officer.
            (3) Emergency.--The term ``emergency'' means a major 
        disaster or emergency declared by the President, or a state of 
        emergency declared by the Mayor of the District of Columbia, 
        the Governor of the State of Maryland or the Commonwealth of 
        Virginia, or the declaration of a local emergency by the chief 
        operating officer of a locality, or their designees, that 
        triggers mutual aid under the terms of a Mutual Aid Agreement.
            (4) Employee.--The term ``employee'' means the employees of 
        the party, including its agents or authorized volunteers, who 
        are committed in a Mutual Aid Agreement to prepare for or who 
        respond to an emergency or public service event.
            (5) Locality.--The term ``locality'' means a county, city, 
        or town within the State of Maryland or the Commonwealth of 
        Virginia and within the National Capital Region.
            (6) Mutual aid agreement.--The term ``Mutual Aid 
        Agreement'' means an agreement, authorized under subsection (b) 
        for the provision of police, fire, rescue and other public 
        safety and health or medical services to any party to the 
        agreement during a public service event, an emergency, or pre-
        planned training event.
            (7) National capital region or region.--The term ``National 
        Capital Region'' or ``Region'' means the area defined under 
        section 2674(f)(2) of title 10, United States Code, and those 
        counties with a border abutting that area and any 
        municipalities therein.
            (8) Party.--The term ``party'' means the State of Maryland, 
        the Commonwealth of Virginia, the District of Columbia, and any 
        of the localities duly executing a Mutual Aid Agreement under 
        this section.
            (9) Public service event.--The term ``public service 
        event''--
                    (A) means any undeclared emergency, incident or 
                situation in preparation for or response to which the 
                Mayor of the District of Columbia, an authorized 
                representative of the Federal Government, the Governor 
                of the State of Maryland, the Governor of the 
                Commonwealth of Virginia, or the chief operating 
                officer of a locality in the National Capital Region, 
                or their designees, requests or provides assistance 
                under a Mutual Aid Agreement within the National 
                Capital Region; and
                    (B) includes Presidential inaugurations, public 
                gatherings, demonstrations and protests, and law 
                enforcement, fire, rescue, emergency health and medical 
                services, transportation, communications, public works 
                and engineering, mass care, and other support that 
                require human resources, equipment, facilities or 
                services supplemental to or greater than the requesting 
                jurisdiction can provide.
            (10) State.--The term ``State'' means the State of 
        Maryland, the Commonwealth of Virginia, and the District of 
        Columbia.
            (11) Training.--The term ``training'' means emergency and 
        public service event-related exercises, testing, or other 
        activities using equipment and personnel to simulate 
        performance of any aspect of the giving or receiving of aid by 
        National Capital Region jurisdictions during emergencies or 
        public service events, such actions occurring outside actual 
        emergency or public service event periods.
    (b) Mutual Aid Authorized.--
            (1) In general.--The Mayor of the District of Columbia, any 
        authorized representative of the Federal Government, the 
        Governor of the State of Maryland, the Governor of the 
        Commonwealth of Virginia, or the chief operating officer of a 
        locality, or their designees, acting within his or her 
        jurisdictional purview, may, subject to State law, enter into, 
        request or provide assistance under Mutual Aid Agreements with 
        localities, the Washington Metropolitan Area Transit Authority, 
        the Metropolitan Washington Airports Authority, and any other 
        governmental agency or authority for--
                    (A) law enforcement, fire, rescue, emergency health 
                and medical services, transportation, communications, 
                public works and engineering, mass care, and resource 
                support in an emergency or public service event;
                    (B) preparing for, mitigating, managing, responding 
                to or recovering from any emergency or public service 
                event; and
                    (C) training for any of the activities described 
                under subparagraphs (A) and (B).
            (2) Facilitating localities.--The State of Maryland and the 
        Commonwealth of Virginia are encouraged to facilitate the 
        ability of localities to enter into interstate Mutual Aid 
        Agreements in the National Capital Region under this section.
            (3) Application and effect.--This section--
                    (A) does not apply to law enforcement security 
                operations at special events of national significance 
                under section 3056(e) of title 18, United States Code, 
                or other law enforcement functions of the United States 
                Secret Service;
                    (B) does not diminish any authorities, express or 
                implied, of Federal agencies to enter into Mutual Aid 
                Agreements in furtherance of their Federal missions; 
                and
                    (C) does not--
                            (i) preclude any party from entering into 
                        supplementary Mutual Aid Agreements with fewer 
                        than all the parties, or with another party; or
                            (ii) affect any other agreement in effect 
                        before the date of enactment of this Act among 
                        the States and localities, including the 
                        Emergency Management Assistance Compact.
            (4) Rights described.--Other than as described in this 
        section, the rights and responsibilities of the parties to a 
        Mutual Aid Agreement entered into under this section shall be 
        as described in the Mutual Aid Agreement.
    (c) District of Columbia.--
            (1) In general.--The District of Columbia may purchase 
        liability and indemnification insurance or become self insured 
        against claims arising under a Mutual Aid Agreement authorized 
        under this section.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        paragraph (1).
    (d) Liability and Actions at Law.--
            (1) In general.--Any responding party or its officers or 
        employees rendering aid or failing to render aid to the 
        District of Columbia, the Federal Government, the State of 
        Maryland, the Commonwealth of Virginia, or a locality, under a 
        Mutual Aid Agreement authorized under this section, and any 
        party or its officers or employees engaged in training 
        activities with another party under such a Mutual Aid 
        Agreement, shall be liable on account of any act or omission of 
        its officers or employees while so engaged or on account of the 
        maintenance or use of any related equipment, facilities, or 
        supplies, but only to the extent permitted under the laws and 
        procedures of the State of the party rendering aid.
            (2) Actions.--Any action brought against a party or its 
        officers or employees on account of an act or omission in the 
        rendering of aid to the District of Columbia, the Federal 
        Government, the State of Maryland, the Commonwealth of 
        Virginia, or a locality, or failure to render such aid or on 
        account of the maintenance or use of any related equipment, 
        facilities, or supplies may be brought only under the laws and 
        procedures of the State of the party rendering aid and only in 
        the Federal or State courts located therein. Actions against 
        the United States under this section may be brought only in 
        Federal courts.
            (3) Good faith exception.--
                    (A) Definition.--In this paragraph, the term ``good 
                faith'' shall not include willful misconduct, gross 
                negligence, or recklessness.
                    (B) Exception.--No State or locality, or its 
                officers or employees, rendering aid to another party, 
                or engaging in training, under a Mutual Aid Agreement 
                shall be liable under Federal law on account of any act 
                or omission performed in good faith while so engaged, 
                or on account of the maintenance or use of any related 
                equipment, facilities, or supplies performed in good 
                faith.
            (4) Immunities.--This section shall not abrogate any other 
        immunities from liability that any party has under any other 
        Federal or State law.
    (d) Workers Compensation.--
            (1) Compensation.--Each party shall provide for the payment 
        of compensation and death benefits to injured members of the 
        emergency forces of that party and representatives of deceased 
        members of such forces if such members sustain injuries or are 
        killed while rendering aid to the District of Columbia, the 
        Federal Government, the State of Maryland, the Commonwealth of 
        Virginia, or a locality, under a Mutual Aid Agreement, or 
        engaged in training activities under a Mutual Aid Agreement, in 
        the same manner and on the same terms as if the injury or death 
        were sustained within their own jurisdiction.
            (2) Other state law.--No party shall be liable under the 
        law of any State other than its own for providing for the 
        payment of compensation and death benefits to injured members 
        of the emergency forces of that party and representatives of 
        deceased members of such forces if such members sustain 
        injuries or are killed while rendering aid to the District of 
        Columbia, the Federal Government, the State of Maryland, the 
        Commonwealth of Virginia, or a locality, under a Mutual Aid 
        Agreement or engaged in training activities under a Mutual Aid 
        Agreement.
    (e) Licenses and Permits.--If any person holds a license, 
certificate, or other permit issued by any responding party evidencing 
the meeting of qualifications for professional, mechanical, or other 
skills and assistance is requested by a receiving jurisdiction, such 
person will be deemed licensed, certified, or permitted by the 
receiving jurisdiction to render aid involving such skill to meet a 
public service event, emergency or training for any such events.

SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY.

    Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 
309(j)(14)) is amended by adding at the end the following:
                    ``(E) Extensions not permitted for channels (63, 
                64, 68 and 69) reassigned for public safety services.--
                Notwithstanding subparagraph (B), the Commission shall 
                not grant any extension under such subparagraph from 
                the limitation of subparagraph (A) with respect to the 
                frequencies assigned, under section 337(a)(1), for 
                public safety services. The Commission shall take all 
                actions necessary to complete assignment of the 
                electromagnetic spectrum between 764 and 776 megahertz, 
                inclusive, and between 794 and 806 megahertz, 
                inclusive, for public safety services and to permit 
                operations by public safety services on those 
                frequencies commencing not later than January 1, 
                2007.''.

SEC. 805. URBAN AREA COMMUNICATIONS CAPABILITIES.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.

    ``The Secretary, in consultation with the Federal Communications 
Commission and the Secretary of Defense, and with appropriate 
governors, mayors, and other State and local government officials, 
shall encourage and support the establishment of consistent and 
effective communications capabilities in the event of an emergency in 
urban areas determined by the Secretary to be at consistently high 
levels of risk from terrorist attack. Such communications capabilities 
shall ensure the ability of all levels of government agencies, 
including military authorities, and of first responders, hospitals, and 
other organizations with emergency response capabilities to communicate 
with each other in the event of an emergency. Additionally, the 
Secretary, in conjunction with the Secretary of Defense, shall develop 
plans to provide back-up and additional communications support in the 
event of an emergency.''.
    (b) Technical and Conforming Amendment.--Section 1(b) of that Act 
is amended by inserting after the item relating to section 509 the 
following:

``Sec. 510. High risk urban area communications capabilities.''.

SEC. 806. PRIVATE SECTOR PREPAREDNESS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) Private sector organizations own 85 percent of the 
        Nation's critical infrastructure and employ the vast majority 
        of the Nation's workers.
            (2) Unless a terrorist attack targets a military or other 
        secure government facility, the first people called upon to 
        respond will likely be civilians.
            (3) Despite the exemplary efforts of some private entities, 
        the private sector remains largely unprepared for a terrorist 
        attack, due in part to the lack of a widely accepted standard 
        for private sector preparedness.
            (4) Preparedness in the private sector and public sector 
        for rescue, restart and recovery of operations should include--
                    (A) a plan for evacuation;
                    (B) adequate communications capabilities; and
                    (C) a plan for continuity of operations.
            (5) The American National Standards Institute recommends a 
        voluntary national preparedness standard for the private sector 
        based on the existing American National Standard on Disaster/
        Emergency Management and Business Continuity Programs (NFPA 
        1600), with appropriate modifications. This standard would 
        establish a common set of criteria and terminology for 
        preparedness, disaster management, emergency management, and 
        business continuity programs.
            (6) The mandate of the Department of Homeland Security 
        extends to working with the private sector, as well as 
        government entities.
    (b) Private Sector Preparedness Program.--
            (1) In general.--Title V of the Homeland Security Act of 
        2002 (6 U.S.C. 311 et seq.), as amended by section 805, is 
        amended by adding at the end the following:

``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.

    ``The Secretary shall establish a program to promote private sector 
preparedness for terrorism and other emergencies, including promoting 
the adoption of a voluntary national preparedness standard such as the 
private sector preparedness standard developed by the American National 
Standards Institute and based on the National Fire Protection 
Association 1600 Standard on Disaster/Emergency Management and Business 
Continuity Programs.''.
            (2) Technical and conforming amendment.--Section 1(b) of 
        that Act, as amended by section 805, is amended by inserting 
        after the item relating to section 510 the following:

``Sec. 511. Private sector preparedness program.''.
    (c) Sense of Congress.--It is the sense of Congress that insurance 
and credit-rating industries should consider compliance with the 
voluntary national preparedness standard, the adoption of which is 
promoted by the Secretary of Homeland Security under section 511 of the 
Homeland Security Act of 2002, as added by subsection (b), in assessing 
insurability and credit worthiness.

SEC. 807. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.

    (a) Findings.--Congress finds the following:
            (1) Under section 201 of the Homeland Security Act of 2002 
        (6 U.S.C 121), the Department of Homeland Security, through the 
        Under Secretary for Information Analysis and Infrastructure 
        Protection, has the responsibility--
                    (A) to carry out comprehensive assessments of the 
                vulnerabilities of the key resources and critical 
                infrastructure of the United States, including the 
                performance of risk assessments to determine the risks 
                posed by particular types of terrorist attacks within 
                the United States;
                    (B) to identify priorities for protective and 
                supportive measures; and
                    (C) to develop a comprehensive national plan for 
                securing the key resources and critical infrastructure 
                of the United States.
            (2) Under Homeland Security Presidential Directive 7, 
        issued on December 17, 2003, the Secretary of Homeland Security 
        was given 1 year to develop a comprehensive plan to identify, 
        prioritize, and coordinate the protection of critical 
        infrastructure and key resources.
            (3) Consistent with the report of the National Commission 
        on Terrorist Attacks Upon the United States, the Secretary of 
        Homeland Security should--
                    (A) identify those elements of the United States' 
                transportation, energy, communications, financial, and 
                other institutions that need to be protected;
                    (B) develop plans to protect that infrastructure; 
                and
                    (C) exercise mechanisms to enhance preparedness.
    (b) Reports on Risk Assessment and Readiness.--Not later than 180 
days after the date of enactment of this Act and annually thereafter, 
the Secretary of Homeland Security shall submit a report to Congress 
on--
            (1) the Department of Homeland Security's progress in 
        completing vulnerability and risk assessments of the Nation's 
        critical infrastructure;
            (2) the adequacy of the Government's plans to protect such 
        infrastructure; and
            (3) the readiness of the Government to respond to threats 
        against the United States.

SEC. 808. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES 
              HOMELAND.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) The primary responsibility for national defense is with 
        the Department of Defense and the secondary responsibility for 
        national defense is with the Department of Homeland Security, 
        and the 2 departments must have clear delineations of 
        responsibility.
            (2) Before September 11, 2001, the North American Aerospace 
        Defense Command (hereafter in this section referred to as 
        ``NORAD''), which had responsibility for defending United 
        States airspace on September 11, 2001--
                    (A) focused on threats coming from outside the 
                borders of the United States; and
                    (B) had not increased its focus on terrorism within 
                the United States, even though the intelligence 
                community had gathered intelligence on the possibility 
                that terrorists might turn to hijacking and even the 
                use of airplanes as missiles within the United States.
            (3) The United States Northern Command has been established 
        to assume responsibility for defense within the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) 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; and
            (2) the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives 
        should periodically review and assess the adequacy of such 
        plans and strategies.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, and every 180 days thereafter, the Secretary of 
Defense shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representatives a 
report describing the United States Northern Command's plans and 
strategies to defend the United States against military and 
paramilitary threats within the United States.

                TITLE IX--PROTECTION OF CIVIL LIBERTIES

SEC. 901. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    (a) In General.--There is established within the Executive Office 
of the President a Privacy and Civil Liberties Oversight Board 
(referred to in this title as the ``Board'').
    (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            (1) In conducting the war on terrorism, the Government may 
        need additional powers and may need to enhance the use of its 
        existing powers.
            (2) This shift of power and authority to the Government 
        calls for an enhanced system of checks and balances to protect 
        the precious liberties that are vital to our way of life and to 
        ensure that the Government uses its powers for the purposes for 
        which the powers were given.
    (c) Purpose.--The Board shall--
            (1) analyze and review actions the Executive Branch takes 
        to protect the Nation from terrorism; and
            (2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of laws, 
        regulations, and policies related to efforts to protect the 
        Nation against terrorism.
    (d) Functions.--
            (1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    (A) review proposed legislation, regulations, and 
                policies related to efforts to protect the Nation from 
                terrorism, including the development and adoption of 
                information sharing guidelines under section 201(e);
                    (B) review the implementation of new and existing 
                legislation, regulations, and policies related to 
                efforts to protect the Nation from terrorism, including 
                the implementation of information sharing guidelines 
                under section 201(e);
                    (C) advise the President and 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
                    (D) in providing advice on proposals to retain or 
                enhance a particular governmental power, consider 
                whether the executive department or agency has 
                explained--
                            (i) that the power actually materially 
                        enhances security; and
                            (ii) that there is adequate supervision of 
                        the executive's use of the power to ensure 
                        protection of civil liberties.
            (2) Oversight.--The Board shall continually review--
                    (A) the regulations, policies, and procedures and 
                the implementation of the regulations, policies, 
                procedures, and related laws of Federal executive 
                departments and agencies to ensure that privacy and 
                civil liberties are protected;
                    (B) the information sharing practices of Federal 
                executive departments and agencies to determine whether 
                they appropriately protect privacy and civil liberties 
                and adhere to the information sharing guidelines 
                promulgated under section 201(e) and to other governing 
                laws, regulations, and policies regarding privacy and 
                civil liberties; and
                    (C) other actions by the Executive Branch related 
                to efforts to protect the Nation from terrorism to 
                determine whether such actions--
                            (i) appropriately protect privacy and civil 
                        liberties; and
                            (ii) are consistent with governing laws, 
                        regulations, and policies regarding privacy and 
                        civil liberties.
            (3) Relationship with privacy and civil liberties 
        officers.--The Board shall review and assess the activities of 
        privacy and civil liberties officers described in section 902 
        and, where appropriate, shall coordinate their activities.
    (e) Reports.--
            (1) In general.--The Board shall--
                    (A) receive and review reports from privacy and 
                civil liberties officers described in section 902; and
                    (B) periodically submit, not less than 
                semiannually, reports to Congress and the President.
            (2) Contents.--Not less than 2 reports submitted each year 
        under paragraph (1)(B) shall include--
                    (A) a description of the major activities of the 
                Board during the relevant period; and
                    (B) information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (d).
            (f) Informing the Public.--The Board shall hold public 
        hearings, release 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.
    (g) Access to Information.--
            (1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this section, 
        the Board may--
                    (A) secure directly from any Federal executive 
                department or agency, or any Federal officer or 
                employee, all relevant records, reports, audits, 
                reviews, documents, papers, or recommendations, 
                including classified information consistent with 
                applicable law;
                    (B) interview, take statements from, or take public 
                testimony from personnel of any Federal executive 
                department or agency or any Federal officer or 
                employee;
                    (C) request information or assistance from any 
                State, tribal, or local government; and
                    (D) require, by subpoena, persons other than 
                Federal executive departments and agencies to produce 
                any relevant information, documents, reports, answers, 
                records, accounts, papers, and other documentary or 
                testimonial evidence.
            (2) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued under paragraph (1)(D), the 
        United States district court for the judicial district in which 
        the subpoenaed person resides, is served, or may be found may 
        issue an order requiring such person to produce the evidence 
        required by such subpoena.
    (h) Membership.--
            (1) Members.--The Board shall be composed of a chairman and 
        4 additional members, who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            (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.
    (i) 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.
    (j) 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.--Any Federal employee may be detailed to the 
        Board without reimbursement from the Board, and such detailee 
        shall retain the rights, status, and privileges of the 
        detailee's regular employment without interruption.
            (3) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code, 
        at rates that do not exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule 
        under section 5315 of such title.
    (k) Security Clearances.--The appropriate Federal executive 
departments and 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.
    (l) Treatment as Agency, Not as Advisory Committee.--The Board--
            (1) is an agency (as defined in section 551(1) of title 5, 
        United States Code); and
            (2) is not an advisory committee (as defined in section 
        3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) Designation and Functions.--The Attorney General, Secretary of 
Defense, Secretary of Homeland Security, Secretary of State, Secretary 
of the Treasury, Secretary of Health and Human Services, National 
Intelligence Director, Director of the Central Intelligence Agency, and 
the head of any other executive department or agency designated by the 
Privacy and Civil Liberties Oversight Board to be appropriate for 
coverage under this section shall designate not less than 1 senior 
officer to--
            (1) assist the department or agency head and other 
        department or agency officials in appropriately considering 
        privacy and civil liberties concerns when such officials are 
        proposing, developing, or implementing laws, regulations, 
        policies, procedures, or guidelines related to efforts to 
        protect the Nation against terrorism;
            (2) periodically investigate and review department or 
        agency actions, policies, procedures, guidelines, and related 
        laws and their implementation to ensure that the department or 
        agency is adequately considering privacy and civil liberties in 
        its actions;
            (3) ensure that the department or agency has adequate 
        procedures to receive, investigate, and respond to complaints 
        from individuals who allege the department or agency has 
        violated their privacy or civil liberties; and
            (4) in providing advice on proposals to retain or enhance a 
        particular governmental power the officer shall consider 
        whether the department or agency has explained--
                            (i) that the power actually materially 
                        enhances security; and
                            (ii) that there is adequate supervision of 
                        the department's or agency's use of the power 
                        to ensure protection of civil liberties.
    (b) Exception to Designation Authority.--
            (1) Privacy officers.--In any department or agency 
        referenced in subsection (a) or designated by the Board, which 
        has a statutorily created privacy officer, such officer shall 
        perform the functions specified in subsection (a) with respect 
        to privacy.
            (2) Civil liberties officers.--In any department or agency 
        referenced in subsection (a) or designated by the Board, which 
        has a statutorily created civil liberties officer, such officer 
        shall perform the functions specified in subsection (a) with 
        respect to civil liberties.
    (c) Supervision and Coordination.--Each privacy or civil liberties 
officer described in subsection (a) or (b) shall--
            (1) report directly to the department or agency head; and
            (2) coordinate their activities with the Inspector General 
        of the agency to avoid duplication of effort.
    (d) Agency Cooperation.--Each department or agency head shall 
ensure that each privacy and civil liberties officer--
            (1) has the information and material necessary to fulfill 
        the officer's functions;
            (2) is advised of proposed policy changes;
            (3) is consulted by decision makers; and
            (4) is given access to material and personnel the officer 
        determines to be necessary to carry out the officer's 
        functions.
    (e) Periodic Reports.--
            (1) In general.--The privacy and civil liberties officers 
        of each department or agency referenced or designated under 
        subsection (a) shall periodically, but not less than quarterly, 
        submit a report on the officers' activities to Congress, the 
        department or agency head, and the Privacy and Civil Liberties 
        Oversight Board.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        officer's functions, including--
                    (A) information on the number and types of reviews 
                undertaken;
                    (B) the type of advice provided and the response 
                given to such advice;
                    (C) the number and nature of the complaints 
                received by the agency for alleged violations; and
                    (D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and 
                the impact of the officer's activities.
                                 <all>