[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5291 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5291

                       To win the war on terror.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

 Mr. Turner of Texas (for himself, Ms. Loretta Sanchez of California, 
 Ms. Norton, Ms. McCarthy of Missouri, Ms. Jackson-Lee of Texas, Mrs. 
Christensen, and Mr. Langevin) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
addition to the Committees on Armed Services, International Relations, 
  Judiciary, Ways and Means, Select Intelligence (Permanent Select), 
 Energy and Commerce, Government Reform, Science, 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 win the war on terror.

    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 ``Winning the War on 
Terror Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--INCREASING SPECIAL FORCES

Sec. 2. Increase in special operations forces assigned to special 
                            operations command.
Sec. 3. Annual report on special operations forces retention.
Sec. 4. Report on active and reserve mix for special operations forces 
                            and special forces transformation.
             TITLE II--STRENGTHENING COUNTER-PROLIFERATION

Sec. 11. Sense of Congress on counterproliferation programs.
Sec. 12. Global Threat Reduction Initiative.
Sec. 13. Cooperative Threat Reduction Initiative.
Sec. 14. Sense of Congress on Proliferation Security Initiative.
Sec. 15. Threat assessments on sources of radiological materials.
Sec. 16. Elimination of United States chemical stockpile.
          TITLE III--IMPROVING THE TERRORIST SCREENING CENTER

Sec. 21. Targeting terrorist travel.
                  TITLE IV--IMPROVING BORDER SECURITY

Sec. 30. Short title.
                    Subtitle A--Securing Our Borders

                 Chapter 1--Infrastructure Enhancements

Sec. 31. Establishment of Land Border Infrastructure Improvement Fund.
Sec. 32. Requiring a vulnerability assessment of land ports of entry.
Sec. 33. Enhancing SENTRI, FAST, and NEXUS preenrollment programs.
           Chapter 2--Enhancing Border Monitoring Technology

Sec. 35. Deployment of surveillance systems along the U.S.-Mexico 
                            border.
Sec. 36. Deployment of surveillance systems along the U.S.-Canadian 
                            border.
Sec. 37. Level of K-9 units.
  Chapter 3--Ensuring Sufficient Well-Trained Personnel at Our Borders

Sec. 41. Double the number of CBP personnel.
Sec. 42. Assessing staffing needs at our borders.
Sec. 43. Additional and continuous training for inspectors.
Sec. 44. Requiring report on the ``One Face at the Border Initiative''.
    Chapter 4--Establishing a Comprehensive Border Security Strategy

Sec. 51. Land border security strategy.
Sec. 52. Improved information sharing.
Sec. 53. Creation of northern and southern border coordinators.
Sec. 54. Smart Border Accord implementation.
Sec. 55. Sense of Congress on the period of admission for border 
                            crossing card holders.
             Chapter 5--Enhancing Border Security Programs

Sec. 61. Creating a more effective entry-exit system.
Sec. 62. Transportation worker identification card.
Sec. 63. Standards and verification procedures for the security of 
                            intermodal cargo containers.
Sec. 64. Sense of Congress on the need for additional staff for the 
                            United States Consulate-General in Mexico.
    Chapter 6--Securing our Tribal and Federal Lands and Territories

Sec. 65. Office of Tribal Security.
Sec. 66. Transfer of ``Shadow Wolves'' from CPB to ICE.
Sec. 67. DHS and DOI coordination on border security; provision of 
                            temporary authority to DHS to transfer 
                            funds.
             Subtitle B--Securing Identification Documents

Sec. 71. State identification document standards.
Sec. 72. Training in fraud detection and prevention for officers in 
                            divisions of motor vehicles.
      Subtitle C--Securing the Interior; Tools for Border Security

                  Chapter 1--Increase in Staff for ICE

Sec. 81. Personnel increase.
Sec. 82. ICE strategy and staffing assessment.
                 Chapter 2--Increase in Detention Space

Sec. 85. Increase in detention space.
Sec. 86. Sense of Congress regarding processing of criminal aliens 
                            while incarcerated.
Sec. 87. Sense of Congress regarding increase in prosecutors and 
                            immigration judges.
       Chapter 3--Enhancing Law Enforcement Access to Informants

Sec. 91. New class of nonimmigrant aliens.
Sec. 92. Adjustment of status of nonimmigrant to that of person 
                            admitted for permanent residence.
              Chapter 4--Increased Penalties for Smuggling

Sec. 95. Combating aggravated alien smuggling.
Sec. 96. Increased criminal sentences and fines for alien smuggling.
Sec. 97. Increased penalty for smuggling.
             Subtitle D--Beyond our Borders (International)

              Chapter 1--Coordinating DHS Mission Overseas

Sec. 101. Office of International Affairs; effective and efficient 
                            management and coordination of 
                            international assignments.
Sec. 102. Creation of an Office of Overseas Service.
     Chapter 2--Implementing a More Effective Visa Security Program

Sec. 105. Implementing a more effective visa security program.
              Chapter 3--Securing the Visa Waiver Program

Sec. 106. Visa waiver program passenger screening; biographical checks.
Sec. 107. Defining security responsibilities of the Visa Waiver Program 
                            Office.
Sec. 108. Additional and continuous training for inspectors in fraud 
                            and imposter detection.
Sec. 109. Authorization of funds.
         Subtitle E--Securing the Immigration Benefits Process

Sec. 111. Immigration ombudsman.
Sec. 112. CIS workflow, technology, and staffing assessment.
Sec. 113. Study on biometrics.
Sec. 114. Digitizing immigration functions.
Sec. 115. Study on digitizing immigration benefit applications.
                  TITLE V--STRENGTHENING RAIL SECURITY

Sec. 121. Public transportation system grants and training.
Sec. 122. Public transportation security plan, best practices, and 
                            awareness.
Sec. 123. Memorandum of Agreement.
                 TITLE VI--STRENGTHENING PORT SECURITY

Sec. 130. Short title.
 Subtitle A--Bureau of Customs and Border Protection security programs

Sec. 131. Amendments to the Homeland Security Act of 2002.
                       Subtitle B--Port Security

Sec. 135. Port security grant funding.
Sec. 136. Funding for collaborative program for development of maritime 
                            information sharing and analysis 
                            capability.
Sec. 137. Appropriate congressional committees defined.
               Subtitle C--Strengthening the Coast Guard

Sec. 141. Acceleration of integrated deepwater program.
Sec. 142. Increase in authorized Coast Guard personnel.
Sec. 143. Sense of the Congress regarding naming new vessels under the 
                            Deepwater Program for cities of the United 
                            States.
               TITLE VII--STRENGTHENING AVIATION SECURITY

Sec. 151. Passenger and baggage screening operations.
Sec. 152. Checked baggage security screening.
Sec. 153. Aviation security capital fund.
Sec. 154. Elimination of bag-match program as acceptable alternative 
                            for checked baggage.
Sec. 155. Aviation security technologies.
Sec. 156. Inspection of cargo carried aboard passenger aircraft.
Sec. 157. Database on known shipping companies.
Sec. 158. Flight crew communication systems.
Sec. 159. National Strategy for Transportation Security.
Sec. 160. Use of watchlists for passenger air transportation screening.
           TITLE VIII--IMPROVING PRIVATE SECTOR PREPAREDNESS

Sec. 161. Short title.
Sec. 162. Findings.
Sec. 163. Private sector emergency preparedness program.
                TITLE IX--INCREASING INFORMATION SHARING

Sec. 165. Information sharing.
              TITLE X--PROTECTING CRITICAL INFRASTRUCTURE

Sec. 171. Critical infrastructure evaluation and prioritization 
                            program.
Sec. 172. Deadline for comprehensive national plan to secure critical 
                            infrastructure and key assets.
Sec. 173. Regulatory authority.
Sec. 174. Best practices.
                TITLE XI--DEFENDING AGAINST BIOTERRORISM

                Subtitle A--National Biodefense Strategy

Sec. 181. National biodefense strategy.
           Subtitle B--Development of Medical Countermeasures

Sec. 184. Short title.
Sec. 185. Findings and policy.
Sec. 186. Rapid biodefense countermeasures development national 
                            strategy.
Sec. 187. Clinical research under emergency conditions.
Sec. 188. Interagency working group.
Sec. 189. Developing the capability for rapid biodefense countermeasure 
                            development.
                TITLE XII--CHEMICAL SECURITY IMPROVEMENT

Sec. 191. Short title.
Sec. 192. Definitions.
Sec. 193. Vulnerability assessments and site security plans.
Sec. 194. Whistleblower protection.
Sec. 195. Enforcement.
Sec. 196. Interagency technical support and cooperation.
Sec. 197. Penalties.
Sec. 198. No effect on requirements under other law.
                  TITLE XIII--IMPROVING CYBERSECURITY

Sec. 201. Cybersecurity training programs and equipment.
Sec. 202. Assistant Secretary for Cybersecurity.
          TITLE XIV--ENABLING COMMUNICATIONS INTEROPERABILITY

Sec. 211. Short title.
Sec. 212. Findings; purposes.
Sec. 213. Establishment of the Office of Wireless Public Safety 
                            Interoperable Communications.
Sec. 214. Interoperable communications technology grant program.
 TITLE XV--STRENGTHENING PRIVACY PROTECTIONS WITHIN THE DEPARTMENT OF 
                           HOMELAND SECURITY

                     Subtitle A--SHIELD Privacy Act

Sec. 221. Short title.
Sec. 222. Findings.
Sec. 223. Chief Privacy Officer.
Sec. 224. Privacy policy of departments and independent agencies.
Sec. 225. Commission on Privacy, Freedom, and Homeland Security.
Sec. 226. Privacy and Civil Liberties Oversight Board.
              Subtitle B--Civil Rights and Civil Liberties

Sec. 231. Short title.
Sec. 232. Mission of Department of Homeland Security.
Sec. 233. Officer for Civil Rights and Civil Liberties.
Sec. 234. Protection of civil rights and civil liberties by Office of 
                            Inspector General.
Sec. 235. Privacy officer.
          TITLE XVI--PREVENTING THE RISE OF FUTURE TERRORISTS

Sec. 241. Role of Pakistan in countering terrorism.
Sec. 242. Aid to Afghanistan.
Sec. 243. The United States-Saudi Arabia relationship.
Sec. 244. Efforts to combat Islamic terrorism by engaging in the 
                            struggle of ideas in the Islamic world.
Sec. 245. United States policy toward dictatorships.
Sec. 246. Promotion of United States values through broadcast media.
Sec. 247. Use of United States scholarship and exchange programs in the 
                            Islamic world.
Sec. 248. International Youth Opportunity Fund.
Sec. 249. Report on the use of economic policies to combat terrorism.
Sec. 250. Middle East Partnership Initiative.
Sec. 251. Comprehensive coalition strategy for fighting terrorism.

                   TITLE I--INCREASING SPECIAL FORCES

SEC. 2. INCREASE IN SPECIAL OPERATIONS FORCES ASSIGNED TO SPECIAL 
              OPERATIONS COMMAND.

    By the end of fiscal year 2014, the number of special operations 
forces in the Armed Forces shall be increased by 50,000, which 
represents a 50-percent increase over the number of special operations 
forces in effect on September 30, 2004. Of the increased number of 
personnel, half shall be active or reserve members who are directly 
assigned to the unified combatant command for special operations 
required by section 167 of title 10, United States Code, and the other 
half shall be members of the Marine Corps who have completed special 
operations training. There are authorized to be appropriated such sums 
as are necessary to carry out this section.

SEC. 3. ANNUAL REPORT ON SPECIAL OPERATIONS FORCES RETENTION.

    Section 167 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l) Annual Report on Special Operations Forces Retention.--Not 
later than March 1 of each year, the Secretary of Defense shall submit 
to Congress a report specifying retention levels for members of the 
armed forces serving as special operations forces and containing the 
strategy of the Department of Defense for improving retention rates, in 
particular among members who have completed between 10 and 14 years of 
service and members with more than 20 years of service.''.

SEC. 4. REPORT ON ACTIVE AND RESERVE MIX FOR SPECIAL OPERATIONS FORCES 
              AND SPECIAL FORCES TRANSFORMATION.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Defense shall submit to Congress a report 
containing the recommendations of the Secretary regarding--
            (1) the appropriate mix of active and reserve forces for 
        special operations forces, including civil affairs forces and 
        psychological operations forces, to reduce the need for long-
        term deployments of reservists; and
            (2) the transformation of the special operations forces to 
        develop a more ethnically diverse intelligence cadre capable of 
        locating and infiltrating sophisticated terrorist networks.

             TITLE II--STRENGTHENING COUNTER-PROLIFERATION

SEC. 11. SENSE OF CONGRESS ON COUNTERPROLIFERATION PROGRAMS.

    (a) In General.--It is the sense of Congress that the United States 
must strengthen the nonproliferation programs of the Department of 
Energy, expand the Proliferation Security Initiative of the Department 
of State, and support Cooperative Threat Reduction programs of the 
Department of Defense.
    (b) Funding.--It is the sense of Congress that the United States 
should increase its spending on the counterproliferation programs 
described in subsection (a) such that, as of fiscal year 2010, the 
aggregate annual spending of the United States on those 
counterproliferation programs is not less than $3,000,000,000.

SEC. 12. GLOBAL THREAT REDUCTION INITIATIVE.

    (a) Initiative Required.--From amounts made available to carry out 
this section, the Secretary of Energy shall carry out a program, to be 
known as the Global Threat Reduction Initiative, under which the 
Secretary provides for the securing, removing, or disposing of nuclear 
and radiological materials outside the United States that are 
vulnerable to theft. In carrying out the program, the Secretary shall 
seek to secure, remove, or dispose of nuclear and radiological 
materials at the 24 most vulnerable reactor sites in foreign countries, 
as determined by the Secretary of State, by 2009.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$4,500,000,000 for each of fiscal years 2005 through 2014.

SEC. 13. COOPERATIVE THREAT REDUCTION INITIATIVE.

    (a) Resolution of Liability and Access Problems.--The President 
shall work to resolve the liability and access problems that continue 
to be roadblocks to the Cooperative Threat Reduction programs.
    (b) Definition.--In this section, the term ``Cooperative Threat 
Reduction programs'' means programs specified in section 1501(b) of the 
National Defense Authorization Act of Fiscal year 1997 (Public Law 104-
201; 110 Stat. 2731; 50 U.S.C. 2362 note).

SEC. 14. SENSE OF CONGRESS ON PROLIFERATION SECURITY INITIATIVE.

    It is the sense of Congress that the People's Republic of China 
should be encouraged to participate in the Proliferation Security 
Initiative of the Department of State in order to assist in efforts to 
prevent the export of weapons of mass destruction by the Government of 
North Korea.

SEC. 15. THREAT ASSESSMENTS ON SOURCES OF RADIOLOGICAL MATERIALS.

    (a) Assessments Required.--The Secretary of Energy shall carry out 
threat assessments on the most likely sources of radiological material 
that could be used in making a ``dirty bomb''.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit to Congress a report 
on the threat assessments carried out under subsection (a).

SEC. 16. ELIMINATION OF UNITED STATES CHEMICAL STOCKPILE.

    The President shall ensure that the chemical stockpile of the 
United States is eliminated not later than the end of 2012.

          TITLE III--IMPROVING THE TERRORIST SCREENING CENTER

SEC. 21. TARGETING TERRORIST TRAVEL.

    (a) Codification of the Establishment of the Terrorist Screening 
Center.--There is established within the Federal Bureau of 
Investigation the Terrorist Screening Center under the direction of the 
Director of the Federal Bureau of Investigation.
    (b) Mission.--The Terrorist Screening Center shall--
            (1) establish and operate a single consolidated terrorist 
        database consisting of terrorist information from all 
        watchlists compiled by the agencies and departments of the 
        United States;
            (2) provide operational support for terrorist screeners 
        throughout the United States and around the world 24 hours of 
        each day;
            (3) ensure that terrorist screeners use the same unified, 
        comprehensive set of anti-terrorist information; and
            (4) ensure that terrorist screeners have access to 
        information and expertise that will permit rapid response when 
        a suspected terrorist is screened or stopped.
    (c) Deadline for Operation of Database.--The Terrorist Screening 
Center shall complete and begin operation of a comprehensive terrorist 
screening database by not later than December 31, 2004.
    (d) Access to Database.--(1) The Terrorist Screening Center shall 
take such steps as are required to provide electronic access to the 
comprehensive terrorist screening database as soon as possible.
    (2) The Director of the Federal Bureau of Investigation shall 
submit to Congress semiannual reports on the progress made to carry out 
paragraph (1).
    (e) Assistance From NCTC.--The head of the National 
Counterterrorism Center shall expand existing programs relating to 
terrorist travel intelligence collection and analysis to assist the 
Terrorist Screening Center.
    (f) Terrorist Screener Defined.--In this section, the term 
``terrorist screener'' means individuals who are investigators, 
screeners, and agents with an official duty related to the 
identification, tracking, or apprehension of suspected terrorists, 
including the following:
            (1) Personnel of the intelligence community.
            (2) Federal personnel who screen individuals entering the 
        United States.
            (3) Federal, State and local law enforcement personnel.
            (4) Federal personnel that consider visa applications.
            (5) Personnel of authorized private sector operators of 
        critical infrastructure.
            (6) Authorized personnel of certain foreign governments 
        that have entered into immigration agreements with the United 
        States or that are engaged in the global war on terrorism as 
        partners of the United States.
            (7) Any other individuals whose duties and responsibilities 
        reasonably require timely access to the terrorist screening 
        database, as determined by the Director of the Federal Bureau 
        of Investigation.

                  TITLE IV--IMPROVING BORDER SECURITY

SEC. 30. SHORT TITLE.

    This title may be cited as the ``Secure Borders Act''.

                    Subtitle A--Securing Our Borders

                 CHAPTER 1--INFRASTRUCTURE ENHANCEMENTS

SEC. 31. ESTABLISHMENT OF LAND BORDER INFRASTRUCTURE IMPROVEMENT FUND.

    (a) In General.--There is established in the general fund of the 
Treasury a separate account which shall be known as the ``Land Border 
Infrastructure Improvement Fund''. Amounts deposited in such fund shall 
remain available to the Secretary of Homeland Security until expended, 
subject to the provisions of appropriations Acts, to carry out 
infrastructure and technology improvement projects at our nation's 
ports of entry, as assessed in section 32, to reduce and prevent the 
nation's land border vulnerability to terrorist attack, and penetration 
by terrorists and criminals, while effectively facilitating the 
movement of goods, services, and legitimate travelers.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000,000 to carry out the projects described in 
subsection (c).
    (c) Projects Described.--The Secretary of Homeland Security may 
carry out infrastructure and technology improvement projects 
recommended in the report submitted under section 32 in order to reduce 
the vulnerability of ports of entry.

SEC. 32. REQUIRING A VULNERABILITY ASSESSMENT OF LAND PORTS OF ENTRY.

    (a) Initial Assessment.--
            (1) In general.--The Secretary of Homeland Security shall 
        conduct an assessment of the vulnerability of each United 
        States land port of entry to penetration by terrorists and 
        criminals or terrorist attack. In carrying out assessments 
        under this paragraph, the Secretary shall categorize the 
        vulnerability of each port of entry as ``high'', ``medium'', or 
        ``low'' and shall prioritize the vulnerability of each port of 
        entry within each such category. In conducting the assessment, 
        the Secretary of Homeland Security shall consult with 
        appropriate State, local, and private sector representatives.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary shall prepare and submit 
        to the appropriate congressional committees (as that term is 
        defined in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101)) a report that contains--
                    (A) the results of the assessment conducted under 
                paragraph (1);
                    (B) with respect to each port of entry categorized 
                under paragraph (1) as either a ``high'' or ``medium'' 
                vulnerability port of entry, descriptions of--
                            (i) infrastructure and technology 
                        improvement projects required for the port of 
                        entry in order to reduce its vulnerability;
                            (ii) the resources required to make such 
                        improvements; and
                    (C) a description of how the funds will be used to 
                implement technology and infrastructure improvement 
                projects.
    (b) Follow-Up Assessments.--The Secretary of Homeland Security 
shall conduct follow-up assessments of land border ports of entry every 
2 years and shall submit such reports to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)).

SEC. 33. ENHANCING SENTRI, FAST, AND NEXUS PREENROLLMENT PROGRAMS.

    (a) Sense of Congress.--It is the sense of the Congress that 
preenrollment programs should be expanded to all major ports of entry 
because these programs assist our frontline officers in the fight 
against terrorism. These programs allow inspectors to focus more 
closely on unknown travelers by subjecting participants to in depth 
background and watch list checks.
    (b) Permanent Authorization.--
            (1) In general.--The Secretary of Homeland Security shall 
        make permanent pre-enrollment programs that subject 
        participants who are aliens, and citizens of the United States, 
        to criminal and watch list screenings and fingerprint checks 
        prior to enrolling in order to gain expedited inspections at 
        ports of entry.
            (2) Specific programs.--The programs described in paragraph 
        (1) shall include, at a minimum, the following:
                    (A) The Free and Secure Trade, or ``FAST'', program 
                authorized under subpart B of title IV of the Tariff 
                Act of 1930 (19 U.S.C 1411 et seq).
                    (B) The Secure Electronic Network for Travelers 
                Rapid Inspection, or ``SENTRI'', program authorized 
                under section 286(q) of the Immigration and Nationality 
                Act (8 U.S.C. 1356(q)).
                    (C) The ``NEXUS'' program authorized under section 
                286(q) of the Immigration and Nationality Act (8 U.S.C. 
                1356(q)).
                    (D) Successor programs to the programs described in 
                subparagraphs (A) through (C).
    (c) Authorization of Funds Necessary to Build Adequate 
Infrastructure to Render Programs Effective.--There are authorized to 
be appropriated such funds as may be necessary to improve 
infrastructure to enhance access to pre-enrollment lanes, and to 
accomplish all the other purposes outlined in this section, in order to 
facilitate inspections and expedite the flow of travel and commerce.
    (d) Reduction of Program Fees.--The Secretary of Homeland Security 
may reduce the enrollment fees for the programs described in subsection 
(a) if necessary to encourage participation.
    (e) Creation of Remote Enrollment Centers.--The Secretary shall 
create a minimum of 4 remote enrollment centers, away from the borders 
of the United States, for such programs in major population centers 
where there is a demand for such a service.
    (f) Creation of Appeals Process.--The Secretary of Homeland 
Security must establish a process to review actions that terminate the 
participation of travelers in pre-enrollment programs.
    (g) Report on Budget, Program Use, and Enforcement.--The Secretary 
of Homeland Security annually shall submit to the appropriate 
congressional committees (as defined in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101)) a report on the programs described 
in subsection (a). The report should include a review of costs 
associated with the programs, including--
            (1) areas of program expansion within a port-of-entry, to 
        other ports-of-entry and to other modes of travel including 
        air, mass transit, bicycle and pedestrians;
            (2) the cost of upgrade and maintenance needs;
            (3) update on status and expansion of enrollment centers;
            (4) infrastructure needs on the US, Canadian, and Mexican 
        sides of the border to enhance the programs;
            (5) universal access through ports;
            (6) technology and database enhancements to link watch 
        lists to the programs;
            (7) the feasibility of incorporating radio frequency 
        enabled travel documents into the programs, such as passports, 
        alien registration cards, and other documents;
            (8) the cost of enabling all inspection lanes with pre-
        enrollment technology;
            (9) public information campaign and relevant associated 
        costs; and
            (10) for each pre-enrollment location--
                    (A) total vehicles processed per month;
                    (B) total pre-enrolled vehicles processed per 
                month;
                    (C) total pre-enrolled vehicles processed per day;
                    (D) total nonenrolled vehicles processed per month;
                    (E) total nonenrolled vehicles processed per day;
                    (F) completed compliance checks performed per 
                month;
                    (G) duration of inspections;
                    (H) number of passengers per vehicle;
                    (I) basis for apprehension of violator;
                    (J) types of violation; and
                    (K) enforcement actions.

           CHAPTER 2--ENHANCING BORDER MONITORING TECHNOLOGY

SEC. 35. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-MEXICO 
              BORDER.

    (a) Plan.--Not later than September 30, 2005, the Secretary of 
Homeland Security shall develop a comprehensive plan to fully deploy 
technological surveillance systems along the U.S.-Mexico border. 
Surveillance systems included in the deployment plan must--
            (1) ensure continuous monitoring of every mile of the U.S.-
        Mexico border;
            (2) to the extent practicable, be fully interoperable with 
        existing surveillance systems, such as the Integrated 
        Surveillance Intelligence Systems already in use by the 
        Department of Homeland Security.
Additionally, the deployment plan should include, but not be limited 
to, the following elements:
            (3) A description of the specific technology to be 
        deployed.
            (4) An assessment of the success of existing technologies 
        to determine if one technology is better than another, or 
        whether there is a way to combine the capabilities of various 
        detection devices into a single device.
            (5) A description of the technological features of 
        surveillance systems allowing for compatibility, if 
        practicable, with existing surveillance technologies.
            (6) A description of how the U.S. Border Patrol is working, 
        or will work, with the Directorate of Science and Technology to 
        analyze high altitude monitoring technologies (such as unmanned 
        aerial vehicles and tethered aerostat radar systems) for use 
        with land-based monitoring technologies.
            (7) A description of how radiation portal monitors will be 
        deployed to ports of entry along the U.S.-Mexico border, and 
        other border locations, consistent with section 39.
            (8) A description of how K-9 detection units will be 
        increased along the U.S.-Mexico border, consistent with section 
        37.
            (9) A description of how surveillance technology will 
        provide for continuous monitoring of the border.
            (10) The identification of any obstacles that may impede 
        full implementation of the deployment plan.
            (11) A detailed estimate of all costs associated with the 
        implementation of the deployment plan.
    (b) Deployment.--Not later than September 30, 2006, the Secretary 
of Homeland Security shall fully implement the plan described in 
subsection (a).
    (c) Report.--Not later than September 30, 2005, the Secretary of 
Homeland Security shall submit the plan described in subsection (a) to 
the appropriate congressional committee (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000,000 for each of fiscal 
years 2005 and 2006, and such sums as may be necessary for each 
succeeding fiscal year.

SEC. 36. DEPLOYMENT OF SURVEILLANCE SYSTEMS ALONG THE U.S.-CANADIAN 
              BORDER.

    Not later than September 30, 2005, the Secretary of Homeland 
Security shall develop a plan to install surveillance systems along the 
U.S.-Canadian border and provide the appropriate congressional 
committees (as defined by section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) with a cost estimate and deployment schedule 
designed to implement such plan.

SEC. 37. LEVEL OF K-9 UNITS.

    (a) In General.--The Secretary of Homeland Security shall increase 
the number of K-9 units working within U.S. Customs and Border 
Protection, including adding infrastructure, officers ,and support 
staff necessary for each unit, by 20 percent above levels in existence 
at the end of fiscal year 2004.
    (b) Use of New Units.--The K-9 units added under subsection (a) 
shall be distributed proportionately to both the U.S.-Mexico border and 
the U.S.-Canadian border, and be used only for bomb, passenger, and 
currency detection purposes.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

  CHAPTER 3--ENSURING SUFFICIENT WELL-TRAINED PERSONNEL AT OUR BORDERS

SEC. 41. DOUBLE THE NUMBER OF CBP PERSONNEL.

    (a) Temporary Increase in Personnel.--Pending congressional 
consideration of the study described in section 42, there are 
authorized to be appropriated to the Secretary of Homeland Security 
such sums as may be necessary--
            (1) to double, as compared to the number of such positions 
        which existed at the end of fiscal year 2004, the number of 
        positions for U.S. Customs and Border Protection personnel 
        (including support personnel) at and between our nation's ports 
        of entry;
            (2) to establish, not later than September 30, 2005, at 
        least one Border Patrol unit for the Virgin Islands of the 
        United States; and
            (3) to establish facilities in which the additional 
        personnel described in paragraph (1) may work.
    (b) Waiver of Limitation.--The Secretary of Homeland Security is 
authorized to waive any limitation on the number of full-time 
equivalent personnel assigned to the Department of Homeland Security to 
fulfill the requirements of subsection (a).

SEC. 42. ASSESSING STAFFING NEEDS AT OUR BORDERS.

    The Secretary of Homeland Security shall contract with an 
independent entity to undertake a study to determine the necessary 
level and allocation of personnel, including support staff, at United 
States ports of entry and border patrol sectors. The study shall take 
into account, at a minimum, the overall mission of U.S. Customs and 
Border Protection, threat and vulnerability information pertaining to 
the nation's borders and ports of entry, the impact of new border 
security programs, policies and technologies, and an analysis of 
traffic volumes and wait times at ports of entry. The study is to be 
provided to the appropriate congressional committees, as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), not 
later than 1 year after the date of the enactment of this Act.

SEC. 43. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS.

    (a) In General.--The Secretary of Homeland Security shall provide 
appropriate training for inspectors, and associated support staff on an 
ongoing basis to utilize new technologies and to ensure that the 
proficiency levels of such personnel are acceptable to protect the 
borders of the United States.
    (b) Language Training.--The Secretary of Homeland Security ensure 
that inspectors assigned to the southern border are proficient in 
Spanish language, and shall provide training to inspectors in Spanish 
and other languages determined to be necessary in carrying out anti-
terrorism and law enforcement functions. The Secretary of Homeland 
Security shall provide, where necessary, appropriate language training 
to inspectors and border patrol agents on the northern border.
    (c) Retention and Development of Experts.--Not later than 6 months 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall make recommendations to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) on how the current Department of Homeland Security 
personnel system should be modified to allow for the retention and 
development of immigration and customs experts, to include the creation 
of new positions.

SEC. 44. REQUIRING REPORT ON THE ``ONE FACE AT THE BORDER INITIATIVE''.

    (a) In General.--Not later than September 30 of each of the 
calendar years 2005 and 2006, the Commissioner of Customs shall prepare 
and submit to Congress a report--
            (1) describing and analyzing the goals, success, and 
        shortfalls of the One Face at the Border Initiative at 
        enhancing security and facilitating travel;
            (2) providing a breakdown of the number of personnel of 
        U.S. Customs and Border Protection that were personnel of the 
        United States Customs Service prior to the establishment of the 
        Department of Homeland Security, that were personnel of the 
        Immigration and Naturalization Service prior to the 
        establishment of the Department of Homeland Security, and that 
        were hired after the establishment of the Department of 
        Homeland Security;
            (3) describing the training time provided to each employee 
        on an annual basis for the various training components of the 
        One Face at the Border Initiative;
            (4) outlining the steps taken by U.S. Customs and Border 
        Protection to ensure that expertise is retained with respect to 
        customs, immigration, and agriculture inspection functions 
        under the One Face at the Border Initiative; and
            (5) reviewing whether the missions of customs, agriculture, 
        and immigration are equally emphasized.
    (b) Assessment of Report.--The Comptroller General of the United 
States shall the review the reports submitted under subsection (a) and 
shall provide an assessment to the appropriate congressional committees 
(as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) regarding the effectiveness of the One Face at the Border 
Initiative.

    CHAPTER 4--ESTABLISHING A COMPREHENSIVE BORDER SECURITY STRATEGY

SEC. 51. LAND BORDER SECURITY STRATEGY.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the heads of all other Federal agencies with border-
related functions or with facilities or lands on or along the border, 
shall submit to the appropriate congressional committees (as defined in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) 
unclassified and classified versions of a unified, comprehensive 
strategy to secure the land borders of the United States not later than 
6 months after the date of the enactment of this Act. The submission 
should include a description of the actions already taken to implement 
the strategy.
    (b) Contents.--The report shall cover the following areas:
            (1) Personnel.
            (2) Infrastructure.
            (3) Technology.
            (4) Coordination of intelligence among agencies.
            (5) Legal responsibilities.
            (6) Criminal statutes.
            (7) Apprehension goals.
            (8) Prosecutorial guidelines.
            (9) Economic impact.
            (10) Flow of commerce.
    (c) Consultation.--In creating the strategy described in subsection 
(a), the Federal agencies described in such subsection shall consult 
private sector organizations and nongovernmental organizations with 
national security, privacy, agriculture, immigration, customs, 
transportation, technology, legal, and business expertise.
    (d) Implementation.--The Secretary shall implement the strategy not 
later than 12 months after the date of the enactment of this Act.
    (e) Evaluation.--The Comptroller General of the United States shall 
track, monitor, and evaluate such strategy to secure our borders to 
determine its efficacy.
    (f) Report.--Not later than 15 months after the date of the 
enactment of this Act, and every year thereafter for the succeeding 5 
years, the Comptroller General of the United States shall submit a 
report to the Congress on the results of the activities undertaken 
under subsection (a) during the previous year. Each such report shall 
include an analysis of the degree to which the border security strategy 
has been effective in securing our borders. Each such report shall 
include a collection and systematic analysis of data, including 
workload indicators, related to activities to improve and increase 
border security.

SEC. 52. IMPROVED INFORMATION SHARING.

    The Secretary of Homeland Security shall, not later than October 1, 
2005--
            (1) integrate the IDENT and IAFIS databases; and
            (2) make interoperable databases used by inspectors in 
        secondary inspections.

SEC. 53. CREATION OF NORTHERN AND SOUTHERN BORDER COORDINATORS.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 seq.) is amended--
            (1) in section 402, by redesignating paragraph (8) as 
        paragraph (9) and by inserting after paragraph (7) the 
        following:
            ``(8) Increasing the security of the United States at the 
        ports of entry located along the northern and southern borders, 
        and improving the coordination among the agencies responsible 
        for maintaining that security.''; and
            (2) in subtitle C, by adding at the end the following:

``SEC. 431. BORDER COORDINATORS.

    ``(a) In General.--There shall be within the Directorate of Border 
and Transportation Security the positions of Northern Border 
Coordinator and Southern Border Coordinator, who shall be appointed by 
the Secretary and who shall report directly to the Under Secretary for 
Border and Transportation Security.
    ``(b) Responsibilities.--The Northern Border Coordinator and the 
Southern Border Coordinator shall undertake the following 
responsibilities along the northern and southern borders, 
respectively--
            ``(1) serve as the primary official of the Department 
        responsible for coordinating all Federal security activities 
        along the border, especially at land border ports of entry;
            ``(2) provide enhanced communication and data-sharing 
        between Federal, State, local, and tribal agencies on law 
        enforcement, emergency response, or security-related 
        responsibilities for areas on or adjacent to the borders of the 
        United States with Canada or Mexico;
            ``(3) work to improve the communications systems within the 
        Department to facilitate the integration of communications of 
        matters relating to border security;
            ``(4) oversee the implementation of the pertinent bilateral 
        agreement (the United States-Canada `Smart Border' Declaration 
        applicable to the northern border and the United States-Mexico 
        Partnership Agreement applicable to the southern border) to 
        improve border functions, ensure security, and promote trade 
        and tourism;
            ``(5) consistent with section 102, assess all land border 
        ports of entry along the appropriate border and develop a list 
        of infrastructure and technology improvement projects for 
        submission to the Secretary based on the ability of a project 
        to fulfill immediate security requirements and facilitate trade 
        across the borders of the United States; and
            ``(6) serve as a liaison to the foreign agencies with 
        responsibility for the appropriate border with the United 
        States.''.
    (b) Clerical Amendment.--Section 1(b) of such Act is amended in the 
table of contents by inserting after the item relating to section 430 
the following:

``Sec. 431. Border coordinators.''.

SEC. 54. SMART BORDER ACCORD IMPLEMENTATION.

    The President shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) information about the ongoing progress on 
implementation of the Smart Border Accords through quarterly updates on 
meetings of the Smart Border Working Group.

SEC. 55. SENSE OF CONGRESS ON THE PERIOD OF ADMISSION FOR BORDER 
              CROSSING CARD HOLDERS.

    (a) Sense of Congress.--It is the sense of the Congress that 
citizens and nationals of Mexico should be treated with parity in 
relation to citizens and nationals of Canada in establishing the 
periods of time they are lawfully permitted to remain in the United 
States.
    (b) Modification to Documentary Requirements.--Notwithstanding any 
other provision of law, once section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is 
fully implemented, the period of admission for an alien entering the 
United States under a border crossing card shall be 6 months.

             CHAPTER 5--ENHANCING BORDER SECURITY PROGRAMS

SEC. 61. CREATING A MORE EFFECTIVE ENTRY-EXIT SYSTEM.

    (a) Creation of a US-VISIT Outreach Office.--
            (1) In general.--The Secretary of Homeland Security shall 
        create an ``Office of US-VISIT Outreach'' that will inform on a 
        regular basis local border officials, residents, and businesses 
        about developments in the US-VISIT program. Specifically, this 
        office shall provide information to local border officials, 
        residents, and businesses, and seek guidance from such persons 
        and entities about, the practical effects to border communities 
        of the implementation of US-VISIT.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (b) Task Force on Integrated Entry and Exit System.--
            (1) Sense of congress.--It is the sense of the Congress 
        that the work of the task force established under section 3 of 
        the Immigration and Naturalization Service Data Management 
        Improvement Act of 2000 (8 U.S.C. 1365a note) was prematurely 
        terminated, robbing the Department of Homeland Security of the 
        very expertise needed to properly set the requirements for, and 
        validate the work of, contractors on information technology 
        programs, particularly the US-VISIT program.
            (2) Termination.--Section 3(i) of the Immigration and 
        Naturalization Service Data Management Improvement Act of 2000 
        (8 U.S.C. 1365a note) is amended to read as follows:
    ``(i) Termination.--The Task Force shall terminate on a date 
designated by the Secretary of Homeland Security as the date on which 
the work of the Task Force has been completed, except that such 
designated date may not be earlier than December 21, 2008.''.
    (c) Electronic Arrival/Departure Records.--
            (1) Not later than December 31, 2005, the Secretary of 
        Homeland Security--
                    (A) shall ensure that the functions served by 
                Department of Homeland Security paper Form Number I-94 
                (Arrival/Departure Record) and Form Number I-94W (NIV 
                Waiver Arrival/Departure Record) are being carried out 
                by electronic means; and
                    (B) shall eliminate such forms.
            (2) Implementation plan.--Not later than December 31, 2004, 
        the Secretary of Homeland Security shall submit to the 
        appropriate congressional committees (as defined in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C.101)) a plan 
        describing the measures the Secretary is taking to carry out 
        subsection (c) before the deadline described in such 
        subsection.

SEC. 62. TRANSPORTATION WORKER IDENTIFICATION CARD.

    (a) In General.--The Secretary of Homeland Security shall submit a 
report to the Congress not later than December 31, 2004, regarding the 
development and distribution of a transportation worker identification 
card.
    (b) Contents.-- The report described in subsection (a) shall 
include information on--
            (1) the plan for distribution of the card;
            (2) the eligibility of Canadian and Mexican truck drivers 
        who are certified under the Free and Secure Trade (``FAST'') 
        initiative;
            (3) selected biometric feature and other security features 
        of the card; and
            (4) the cost of, and deployment schedule for, card-reading 
        equipment.

SEC. 63. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF 
              INTERMODAL CARGO CONTAINERS.

    (a) Standards and Verification Procedures.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Homeland 
Security, acting through the Under Secretary for Border and 
Transportation Security, shall establish standards and verification 
procedures for the security of intermodal cargo containers moving 
within the intermodal transportation system, including standards for 
sealing and procedures for seal verifications for cargo containers at 
loading.
    (b) Requirements.--The standards and verification procedures 
established pursuant to subsection (a) shall be consistent with the 
cargo container security recommendations of the Interagency Container 
Working Group and the Smart and Secure Trade Lane program and shall 
meet the following additional requirements:
            (1) Seal standards.--Intermodal cargo containers shall at a 
        minimum be affixed with a security seal equivalent to the level 
        ``D'' high security seal (as certified by the International 
        Organization for Standardization (ISO); Certification No. 
        17712) at loading.
            (2) Seal verification.--Procedures shall be established for 
        the verification of security seals described in paragraph (1), 
        including procedures to determine which individuals and 
        entities in the intermodal transportation system are 
        responsible for sealing intermodal cargo containers, recording 
        of seal numbers, changes to such numbers if a container is 
        opened, and anomalies to security seals.

SEC. 64. SENSE OF CONGRESS ON THE NEED FOR ADDITIONAL STAFF FOR THE 
              UNITED STATES CONSULATE-GENERAL IN MEXICO.

    It is the sense of the Congress that--
            (1) the United States Mission to Mexico plays an important 
        part in ensuring the security of our southern border;
            (2) this mission must have sufficient staff in order to 
        adequately fulfill their consular responsibilities, an 
        important part of a comprehensive strategy to secure our 
        border;
            (3) the level of staffing has not kept pace with rising 
        consular workloads; and
            (4) therefore, appropriations should be authorized for a 25 
        percent staff increase for the United States mission to Mexico.

    CHAPTER 6--SECURING OUR TRIBAL AND FEDERAL LANDS AND TERRITORIES

SEC. 65. OFFICE OF TRIBAL SECURITY.

    (a) Establishment.--There is established within the Department of 
Homeland Security the Office of Tribal Security.
    (b) Director.--The Office of Tribal Security shall be administered 
by a Director, who shall be appointed by the President by and with the 
advice and consent of the Senate. The Director shall report directly to 
the Secretary of Homeland Security.
    (c) Duties.--The Director shall be responsible for coordinating 
relations between the Federal Government and federally recognized 
Indian tribes on issues relating to homeland security, which shall 
include the following duties:
            (1) Providing a point of contact within Department of 
        Homeland Security which shall be responsible for--
                    (A) meeting the broad and complex Federal 
                responsibilities owed to federally recognized Indian 
                tribes by the Department of Homeland Security; and
                    (B) soliciting and, where appropriate, addressing 
                the homeland security concerns of federally recognized 
                Indian tribes and other parties interested in Indian 
                affairs.
            (2) Communicating relevant policies of the Department of 
        Homeland Security to federally recognized Indian tribes and the 
        public.
            (3) Promoting internal uniformity of Department of Homeland 
        Security policies relating to Indian country (as defined in 
        section 1151 of title 18, United States Code).
            (4) Coordinating with the Directorate of Border and 
        Transportation Security and tribal governments to develop a 
        comprehensive border security policy that addresses law 
        enforcement, personnel, and funding issues in Indian country 
        (as defined in section 1151 of title 18, United States Code) on 
        the United States borders with Canada and with Mexico.
            (5) Coordinating with the Directorate for Information 
        Analysis and Infrastructure Protection and tribal governments 
        to develop appropriate policies for infrastructure protection 
        on Indian lands, as well as information sharing mechanisms with 
        tribal governments.
            (6) Coordinating with the Directorate of Emergency 
        Preparedness and Response and the Office of State and Local 
        Government Coordination and Preparedness to help ensure that 
        tribal governments are fully informed of, have access to, and 
        may apply for all Department of Homeland Security grant 
        opportunities for emergency response providers, and to develop 
        and achieve preparedness goals for tribal governments that are 
        consistent with national goals for terrorism preparedness, as 
        determined by the Department.
            (7) Coordinating with the Director of Science and 
        Technology to identify opportunities to conduct research and 
        development of homeland security technologies or scientific 
        understanding for tribal universities or private sector 
        entities.
            (8) Coordinating with the Office of Citizenship and 
        Immigration Services and other relevant offices within the 
        Department of Homeland Security with immigration service and 
        enforcement related functions to develop policies on issues 
        related to citizenship and the movement of members of federally 
        recognized Indian tribes across the United States border, 
        taking into consideration the unique characteristics of certain 
        federally recognized Indian tribes with jurisdiction over lands 
        adjacent to the Canadian and Mexican borders.
            (9) Coordinating with other offices within the Department 
        of Homeland Security to develop and implement sound policies 
        regarding Indian country (as defined in section 1151 of title 
        18, United States Code) and tribal governments.

SEC. 66. TRANSFER OF ``SHADOW WOLVES'' FROM CPB TO ICE.

    (a) Transfer of Existing Unit.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall transfer to the Immigration and Customs Enforcement all functions 
(including the personnel, assets, and obligations held by or available 
in connection with such functions) of the Customs Patrol Officers unit 
of U.S. Customs and Border Protection operating on the Tohono O'odham 
Indian reservation (commonly known as the ``Shadow Wolves'' unit).
    (b) Establishment of New Units.--The Secretary is authorized to 
establish within U.S. Immigration and Customs Enforcement additional 
units of Customs Patrol Officers in accordance with this section.
    (c) Duties.--The Customs Patrol Officer unit transferred pursuant 
to subsection (a) and the additional units established pursuant to 
subsection (b) shall enforce the customs laws of the United States on 
Indian lands by preventing the smuggling of narcotics, weapons of mass 
destruction, and other contraband.
    (d) Basic Pay for Journeyman Officers.--The rate of basic pay for a 
journeyman Customs Patrol Officer in a unit described in this section 
shall be not greater than the rate of basic pay for GS-13 of the 
General Schedule.

SEC. 67. DHS AND DOI COORDINATION ON BORDER SECURITY; PROVISION OF 
              TEMPORARY AUTHORITY TO DHS TO TRANSFER FUNDS.

    (a) In General.--Until the completion and implementation of the 
border security strategy described in section 51 of this Act, the 
Secretary of Homeland Security is authorized to transfer appropriated 
funds to the Secretary of Interior in accordance with the memorandum of 
understanding described in subsection (b) to support the security needs 
of the Department of the Interior, its bureaus, and tribal entities, 
including, the protection of border lands, critical infrastructure, and 
key resources.
    (b) Memorandum.--The Secretary of Homeland Security and the 
Secretary of Interior shall enter into a memorandum of understanding 
regarding the funds described in subsection (a). This memorandum 
shall--
            (1) establish criteria for Department of Interior projects 
        to receive such funding;
            (2) establish priorities among such projects; and
            (3) include a description of the scope of activities for 
        such projects, including equipment, recurring maintenance, 
        construction of facilities, recapitalization of facilities, and 
        operations.
    (c) Report.--The appropriate congressional committees (as defined 
in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) shall 
be notified 15 days prior to any transfer of funds. Not later than 
September 30, 2005, the Secretary of Interior shall submit to the 
appropriate congressional committees (as so defined) a copy of the 
memorandum of understanding described in subsection (b).

             Subtitle B--Securing Identification Documents

SEC. 71. STATE IDENTIFICATION DOCUMENT STANDARDS.

    (a) Standards for Acceptance by Federal Agencies.--
            (1) In general.--A Federal agency may not accept for any 
        identification-related purpose a driver's license or other 
        comparable identification document issued by a State or 
        subdivision thereof, including a birth certificate, unless the 
        license or document is in a form that is consistent with 
        requirements set forth in regulations promulgated by the 
        Secretary of Homeland Security after consultation with the 
        Department of Transportation, the chief driver's license 
        officials of each State, and any other organization determined 
        appropriate by the Secretary that represents the States. The 
        form shall contain security features designed to limit 
        tampering, counterfeiting, photocopying, or otherwise 
        duplicating the license or document for fraudulent purposes and 
        to limit use of the license or document by impostors. States or 
        subdivisions thereof may use a biometric identifier in addition 
        to these standards if they already do so, or choose to do so.
            (2) No national identification card.--Nothing in this 
        section shall be construed to authorize, directly or 
        indirectly, the establishment, issuance, or use of a national 
        identification card.
            (3) Deadline.--The Secretary of Homeland Security shall 
        promulgate the regulations referred to in paragraph (1) not 
        later than 6 months after the date of the enactment of this 
        Act.
    (b) Grants to State and Local Governments.--
            (1) Grants to states.--Beginning on the date final 
        regulations are promulgated under subsection (b), the Secretary 
        of Homeland Security shall make grants to States to assist them 
        in issuing driver's licenses and other comparable 
        identification documents that satisfy the requirements under 
        that subsection.
            (2) Grants to local governments.--Beginning on the date 
        final regulations are promulgated under subsection (b), the 
        Secretary of Homeland Security shall make grants to local 
        governments to assist them in issuing birth certificates and 
        other comparable identification documents that satisfy the 
        requirements under that subsection.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this subsection.
    (c) Effective Dates and Application.--
            (1) In general.--Except as otherwise provided in this 
        subsection, this section shall take effect on the date of the 
        enactment of this Act.
            (2) Prohibition on federal agencies.--Subsection (b)(1)--
                    (A) shall take effect beginning on October 1, 2006; 
                and
                    (B) shall apply only to--
                            (i) a license or document issued to an 
                        individual for the first time; and
                            (ii) a replacement or renewal license or 
                        document issued according to State or local 
                        law.

SEC. 72. TRAINING IN FRAUD DETECTION AND PREVENTION FOR OFFICERS IN 
              DIVISIONS OF MOTOR VEHICLES.

    The Federal Law Enforcement Training Center shall create a program 
to train employees of U.S. Immigration and Customs Enforcement to 
provide, in the States, training in fraud detection and prevention to 
State and local law enforcement officers stationed, or intended to be 
stationed, in divisions of motor vehicles.

      Subtitle C--Securing the Interior; Tools for Border Security

                  CHAPTER 1--INCREASE IN STAFF FOR ICE

SEC. 81. PERSONNEL INCREASE.

    (a) Authorization.--There are authorized to be appropriated to the 
Secretary of Homeland Security such sums as may be necessary so as to 
increase by 225 the number of positions for full-time special agents of 
U.S. Immigration and Customs Enforcement carrying out duties related to 
border security above the number of such positions which existed at the 
end of fiscal year 2004.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) since U.S. Immigration and Customs Enforcement plays a 
        key role in the fight against terrorism and in securing the 
        borders, the Secretary of Homeland Security should work 
        expeditiously to ensure all special agents and national 
        security analytical support staff receive a Top Secret security 
        clearance; and
            (2) maintenance of Top Secret security clearance must be a 
        requirement of continued employment as a special agent.

SEC. 82. ICE STRATEGY AND STAFFING ASSESSMENT.

    (a) In General.--Not later than December 31 of each year, the 
Secretary of Homeland Security shall submit to the Government 
Accountability Office and the appropriate congressional committees (as 
defined by section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101)) a written report describing its strategy for deploying human 
resources (including investigators and support personnel) to accomplish 
its border security mission.
    (b) Review.--Not later than 90 days after receiving any report 
under subsection (a), the Government Accountability Office shall submit 
to each appropriate congressional committee (as defined by section 2 of 
the Homeland Security Act of 2002 (6 U.S.C. 101)) a written evaluation 
of such report, including recommendations pertaining to how U.S. 
Immigration and Customs Enforcement could better deploy human resources 
to achieve its border security mission through legislative or 
administrative action.

                 CHAPTER 2--INCREASE IN DETENTION SPACE

SEC. 85. INCREASE IN DETENTION SPACE.

    (a) Funding Increase.--There are authorized to be appropriated to 
the Secretary of Homeland Security such sums as may be necessary to 
ensure an average daily bed occupancy rate of 22,500 for detention and 
removal operations of U.S. Immigration and Customs Enforcement.
    (b) Personnel Increase.--There are authorized to be appropriated to 
the Secretary of Homeland Security such sums as may be necessary so as 
to increase by 541 the number of positions for full-time employees of 
U.S. Immigration and Customs Enforcement carrying out duties in 
detention and removal operations above the number of such positions 
which existed at the end of fiscal year 2004.
    (c) Sense of Congress.--It is the sense of the Congress that the 
Office of Detention and Removal Operation should be placed under the 
operational control of the Commissioner of U.S. Customs and Border 
Protection, since the largest client of such office is the Border 
Patrol. The Secretary of Homeland Security is directed to move the 
Office of Detention and Removal Operations from U.S. Immigration and 
Customs Enforcement to U.S. Customs and Border Protection.
    (d) Report on Homeland Security Detention Needs.--The Secretary of 
Homeland Security shall submit to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) a report on detention and removal operations, 
detailing the amount of additional detention space and resources 
required to detain all persons presenting a possible threat to homeland 
security. This report shall include information on alternatives to 
detention including electronic monitoring, telephone and voice 
recognition programs for those on bond, and conducting deportation 
proceedings prior to prisoners release from Federal, State, and local 
prisons. Additionally the report should provide information on 
countries to which removal is problematic.

SEC. 86. SENSE OF CONGRESS REGARDING PROCESSING OF CRIMINAL ALIENS 
              WHILE INCARCERATED.

    It is the sense of the Congress that immigration cases involving 
incarcerated criminal aliens should be processed while the criminal 
alien is in prison. In order to maximize the use of existing detention 
space, the Department of Homeland Security should work with prisons in 
which criminal aliens are incarcerated to complete their removal or 
deportation proceeding before such aliens are released from prison and 
sent to Federal detention.

SEC. 87. SENSE OF CONGRESS REGARDING INCREASE IN PROSECUTORS AND 
              IMMIGRATION JUDGES.

    It is the sense of the Congress that--
            (1) prosecutors and immigration judges are critical for the 
        prompt and proper enforcement of our immigration laws, and are 
        an important part of a comprehensive strategy;
            (2) an insufficient number of prosecutors and immigration 
        judges currently exists to enforce the immigration laws of the 
        United States; and
            (3) therefore, appropriations should be authorized for 
        appropriate staff increases for judicial and prosecutorial 
        offices, commensurate with other personnel increases directed 
        in this Act.

       CHAPTER 3--ENHANCING LAW ENFORCEMENT ACCESS TO INFORMANTS

SEC. 91. NEW CLASS OF NONIMMIGRANT ALIENS.

    (a) In General.--Section 101(a)(15)(S) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the comma at the end and 
        inserting ``; or'';
            (3) by inserting after clause (ii) the following:
                    ``(iii) who the Secretary of Homeland Security, the 
                Secretary of State, or the Attorney General 
                determines--
                            ``(I) is in possession of critical reliable 
                        information concerning a commercial alien 
                        smuggling organization or enterprise;
                            ``(II) is willing to supply or has supplied 
                        such information to a Federal or State court; 
                        and
                            ``(III) whose presence in the United States 
                        the Secretary of Homeland Security, the 
                        Secretary of State, or the Attorney General 
                        determines is essential to the success of an 
                        authorized criminal investigation, the 
                        successful prosecution of an individual 
                        involved in the commercial alien smuggling 
                        organization or enterprise, or the disruption 
                        of such organization or enterprise,'';
            (4) by inserting ``, or with respect to clause (iii), the 
        Secretary of Homeland Security, the Secretary of State, or the 
        Attorney General'' after ``jointly''; and
            (5) by striking ``(i) or (ii)'' and inserting ``(i), (ii), 
        or (iii)''.
    (b) Admission of Nonimmigrants.--Section 214(k) of the Immigration 
and Nationality Act (8 U.S.C. 1184(k)) is amended--
            (1) by adding at the end of paragraph (1) the following: 
        ``The number of aliens who may be provided a visa as 
        nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal 
        year may not exceed 400.''; and
            (2) by adding at the end the following:
    ``(5) If the Secretary of Homeland Security, the Secretary of 
State, or the Attorney General determines that the identity of a 
nonimmigrant described in clause (iii) of section 101(a)(15)(S), or 
that of any family member of such a nonimmigrant who is provided 
nonimmigrant status pursuant to such section, must be protected, such 
official may take such lawful action as the official considers 
necessary to effect such protection.''.

SEC. 92. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON 
              ADMITTED FOR PERMANENT RESIDENCE.

    Section 245(j) of the Immigration and Nationality Act (8 U.S.C. 
1255(j)) is amended--
            (1) in paragraph (3), by striking ``(1) or (2),'' and 
        inserting ``(1), (2), (3), or (4),'';
            (2) by redesignating paragraph (3) as paragraph (5);
            (3) by inserting after paragraph (2) the following:
    ``(3) If, in the opinion of the Secretary of Homeland Security, the 
Secretary of State, or the Attorney General--
            ``(A) a nonimmigrant admitted into the United States under 
        section 101(a)(15)(S)(iii) has supplied information described 
        in subclause (I) of such section; and
            ``(B) the provision of such information has substantially 
        contributed to the success of a commercial alien smuggling 
        investigation, the disruption of a commercial alien smuggling 
        operation, or the prosecution of an individual described in 
        subclause (III) of that section,
the Secretary of Homeland Security may adjust the status of the alien 
(and the spouse, married and unmarried sons and daughters, and parents 
of the alien if admitted under that section) to that of an alien 
lawfully admitted for permanent residence if the alien is not described 
in section 212(a)(3)(E).
    ``(4) The Secretary of Homeland Security may adjust the status of a 
nonimmigrant admitted into the United States under section 
101(a)(15)(S)(iii) (and the spouse, married and unmarried sons and 
daughters, and parents of the nonimmigrant if admitted under that 
section) to that of an alien lawfully admitted for permanent residence 
on the basis of a recommendation of the Secretary of State or the 
Attorney General.''; and
            (4) by adding at the end the following:
    ``(6) If the Secretary of Homeland Security, the Secretary of 
State, or the Attorney General determines that the identity of a person 
whose status is adjusted under this subsection must be protected, such 
official may take such lawful action as the official considers 
necessary to effect such protection.''.

              CHAPTER 4--INCREASED PENALTIES FOR SMUGGLING

SEC. 95. COMBATING AGGRAVATED ALIEN SMUGGLING.

    (a) Criminal Penalties.--Section 274(a) of the Immigration and 
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the 
following:
    ``(4) In the case of a person who has brought aliens into the 
United States in violation of this subsection, the sentence otherwise 
provided for may be increased by up to 10 years if--
            ``(A) the offense was part of an ongoing commercial 
        organization or enterprise;
            ``(B) aliens were transported in groups of 10 or more;
            ``(C) aliens were transported in a manner that endangered 
        their lives or the aliens presented a life-threatening health 
        risk to people in the United States; or
            ``(D) aliens were transported for purposes of prostitution 
        or involuntary servitude.''.
    (b) Rewards Program.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324) is amended by adding at the end the 
following:
    ``(e) Rewards Program.--
            ``(1) Purpose.--The rewards program shall be designed to 
        assist in the elimination of aggravated alien smuggling.
            ``(2) Definition.--For purposes of this subsection, the 
        term `aggravated alien smuggling' means a violation for which 
        increased penalties are provided under subsection (a)(4).
            ``(3) Administration.--The rewards program shall be 
        administered by the Secretary of Homeland Security, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State.
            ``(4) Rewards authorized.--In the sole discretion of the 
        Secretary of Homeland Security, such Secretary, in 
        consultation, as appropriate, with the Attorney General and the 
        Secretary of State, may pay a reward to any individual who 
        furnishes information or testimony leading to--
                    ``(A) the arrest or conviction of any individual 
                conspiring or attempting to commit an act of aggravated 
                alien smuggling;
                    ``(B) the arrest or conviction of any individual 
                committing such an act;
                    ``(C) the arrest or conviction of any individual 
                aiding or abetting the commission of such an act;
                    ``(D) the prevention, frustration, or favorable 
                resolution of such an act, including the dismantling of 
                an aggravated alien smuggling organization in whole or 
                in significant part; or
                    ``(E) the identification or location of an 
                individual who holds a key leadership position in an 
                aggravated alien smuggling operation.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out this subsection. Amounts appropriated under this 
        paragraph shall remain available until expended.
            ``(6) Ineligibility.--An officer or employee of any 
        Federal, State, local, or foreign government who, while in 
        performance of his or her official duties, furnishes 
        information described in paragraph (4) shall not be eligible 
        for a reward under this subsection for such furnishing.
            ``(7) Protection measures.--If the Secretary of Homeland 
        Security, the Secretary of State, or the Attorney General 
        determines that the identity of an individual who furnishes 
        information or testimony described in paragraph (4), or the 
        identity of any spouse, parent, son, or daughter of such an 
        individual, must be protected, such official may take such 
        lawful action as the official considers necessary to effect 
        such protection.
            ``(8) Limitations and certification.--
                    ``(A) Maximum amount.--No reward under this 
                subsection may exceed $100,000, except as personally 
                authorized by the Secretary of Homeland Security if 
                such Secretary determines, in consultation, as 
                appropriate, with the Attorney General and the 
                Secretary of State, that the offer or payment of an 
                award of a larger amount is necessary to combat a 
                aggravated alien smuggling operation.
                    ``(B) Approval.--Any reward under this subsection 
                exceeding $50,000 shall be personally approved by the 
                Secretary of Homeland Security.
                    ``(C) Certification for payment.--Any reward 
                granted under this subsection shall be certified for 
                payment by the Secretary of Homeland Security.''.
    (c) Outreach Program.--Section 274 of the Immigration and 
Nationality Act (8 U.S.C. 1324), as amended by subsection (b), is 
further amended by adding at the end the following:
    ``(f) Outreach Program.--The Secretary of Homeland Security, in 
consultation, as appropriate, with the Attorney General and the 
Secretary of State, shall develop and implement an outreach program to 
educate the public in the United States and abroad about--
            ``(1) the penalties for bringing in and harboring aliens in 
        violation of this section; and
            ``(2) the financial rewards and other incentives available 
        under subsection (e) for assisting in the investigation, 
        disruption, or prosecution of an aggravated alien smuggling 
        operation.''.

SEC. 96. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.

    (a) In General.--Subject to subsection (b), pursuant to its 
authority under section 994(p) of title 28, United States Code, the 
United States Sentencing Commission shall promulgate sentencing 
guidelines or amend existing sentencing guidelines for smuggling, 
transporting, harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as 
to--
            (1) triple the minimum term of imprisonment under that 
        section for offenses involving the smuggling, transporting, 
        harboring, or inducing of--
                    (A) 1 to 5 aliens from 10 months to 30 months;
                    (B) 6 to 24 aliens from 18 months to 54 months;
                    (C) 25 to 100 aliens from 27 months to 81 months; 
                and
                    (D) 101 aliens or more from 37 months to 111 
                months;
            (2) increase the minimum level of fines for each of the 
        offenses described in subparagraphs (A) through (D) of 
        paragraph (1) to the greater of $25,000 per alien or 3 times 
        the amount the defendant received or expected to receive as 
        compensation for the illegal activity;
            (3) increase by at least 2 offense levels above the 
        applicable enhancement in effect on the date of the enactment 
        of this Act the sentencing enhancements for intentionally or 
        recklessly creating a substantial risk of serious bodily injury 
        or causing bodily injury, serious injury, or permanent or life 
        threatening injury;
            (4) for actions causing death, increase the offense level 
        to be equivalent to that for involuntary manslaughter under 
        section 1112 of title 18, United States Code; and
            (5) for corporations or other business entities that 
        knowingly benefit from such offenses, increase the minimum 
        level of fines for each of the offenses described in 
        subparagraphs (A) through (D) of paragraph (1) to $50,000 per 
        alien employed directly, or indirectly through contract, by the 
        corporation or entity.
    (b) Exception.--Subsection (a) shall not apply to an offense that 
involved the smuggling, transporting, or harboring only of the 
defendant's spouse or child (or both the defendant's spouse and child).
    (c) Deadline.--The United States Sentencing Commission shall carry 
out subsection (a) not later than the date that is 6 months after the 
date of the enactment of this Act.

SEC. 97. INCREASED PENALTY FOR SMUGGLING.

    (a) In General.--The third undesignated paragraph of section 545 of 
title 18, United States Code, is amended by striking ``five years'' and 
inserting ``20 years''.
    (b) Enhanced Penalty for Causing Death.--Pursuant to its authority 
under section 994 of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal sentencing guidelines to 
provide sentencing enhancements for an offense under section 545 of 
title 18, United States Code, as amended by subsection (a), that 
results in the death of a person.
    (c) Consistency With Other Guidelines.--In carrying out this 
section, the United States Sentencing Commission--
            (1) shall ensure that there is reasonable consistency with 
        other Federal sentencing guidelines; and
            (2) shall avoid duplicative punishments for substantially 
        the same offense.

             Subtitle D--Beyond Our Borders (International)

              CHAPTER 1--COORDINATING DHS MISSION OVERSEAS

SEC. 101. OFFICE OF INTERNATIONAL AFFAIRS; EFFECTIVE AND EFFICIENT 
              MANAGEMENT AND COORDINATION OF INTERNATIONAL ASSIGNMENTS.

    Section 879(b) of the Homeland Security Act of 2002 (6 U.S.C. 
459(b)) is amended by adding at the end the following:
            ``(5) To manage all overseas assignments of personnel of 
        the Department, including by coordinating with the Department 
        of State with respect to such assignments and related support 
        matters.''.

SEC. 102. CREATION OF AN OFFICE OF OVERSEAS SERVICE.

    Section 879 of the Homeland Security Act of 2002 (6 U.S.C. 459) is 
amended by adding at the end the following:
    ``(c) Office of Overseas Service.--
            ``(1) In general.--The Secretary shall create an Office of 
        Overseas Service within the Office of International Affairs 
        similar to the Foreign Agricultural Service of the Department 
        of Agriculture and the United States and Foreign Commercial 
        Service of the Department of Commerce. The Director of the 
        Office of International Affairs shall be responsible for 
        administering the Office of Overseas Service.
            ``(2) Functions.--The Office of Overseas Service shall be 
        responsible for the following functions:
                    ``(A) Serving as the contact for the Department of 
                Homeland Security with the State Department to 
                coordinate overseas assignments.
                    ``(B) Recruitment of personnel for overseas 
                service.
                    ``(C) Retention of personnel for overseas service.
                    ``(D) Oversight of training of personnel for 
                overseas service.
            ``(3) Study and report.--
                    ``(A) Study.--Prior to creating the Office of 
                Overseas Service, the Secretary shall direct the 
                Director of the Office of International Affairs to 
                conduct a study on how best to create a foreign service 
                component for the Department for the purpose of 
                adequately recruiting and retaining personnel who are 
                willing and able to serve in the Department in an 
                overseas capacity.
                    ``(B) Report.--Not later than January 1, 2005, the 
                Director of the Office of International Affairs shall 
                prepare and submit to the appropriate congressional 
                committees (as defined by section 2 of the Homeland 
                Security Act of 2002 (6 U.S.C. 101)) a report that 
                contains the results of the study on creating an Office 
                of Overseas Service conducted pursuant to subparagraph 
                (A) and an implementation plan for carrying out such 
                study's recommendations.''.

     CHAPTER 2--IMPLEMENTING A MORE EFFECTIVE VISA SECURITY PROGRAM

SEC. 105. IMPLEMENTING A MORE EFFECTIVE VISA SECURITY PROGRAM.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Congress a report--
            (1) outlining how the Department of Homeland Security will 
        implement the recommendations of the report issued in August 
        2004 by the Office of the Inspector General of the Department 
        of Homeland Security entitled ``An Evaluation of DHS Activities 
        to Implement Section 428 of the Homeland Security Act of 
        2002'';
            (2) detailing such department's progress in implementing 
        each of the recommendations described in paragraph (1); and
            (3) examining the visa security program's effectiveness as 
        a counter-terrorism program.
    (b) Consultation.--In preparing the report described in subsection 
(a), the Secretary of Homeland Security shall consult with the 
Secretary of State.
    (c) Contents.--The report shall also include the following:
            (1) Overseas placement of visa security officers.--The 
        report shall assess the criteria used in deciding where to 
        station or not to station visa security officers
            (2) Qualifications of visa security officers.--The report 
        shall assess the skills required of a visa security officer, 
        including required foreign language skills.
            (3) Duties.--The report shall contain both the model visa 
        security officer position description and the current duties of 
        the visa security officers stationed overseas.
            (4) Placement within department.--The report shall contain 
        a recommendation on the proper location of the program within 
        Department of Homeland Security to maximize its value as a 
        counter-terrorism program.

              CHAPTER 3--SECURING THE VISA WAIVER PROGRAM

SEC. 106. VISA WAIVER PROGRAM PASSENGER SCREENING; BIOGRAPHICAL CHECKS.

    (a) In General.--The Secretary of Homeland Security shall 
establish, as part of the integrated entry and exit data system 
required under section 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), an electronic 
system through which an alien seeking to enter the United States 
without a visa under the visa waiver program described in section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) is required to 
submit biographical information prior to embarkation.
    (b) Elements.--The electronic system required to be established 
under subsection (a) shall satisfy the following requirements:
            (1) Electronic determination of eligibility.--The system 
        shall include a method for an electronic determination to be 
        made, and an electronic response to be provided, in 30 minutes 
        or less, as to whether or not an alien submitting information 
        as described in subsection (a) is eligible to be admitted to 
        the United States as a nonimmigrant visitor described in 
        section 101(a)(15)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1101(a)(15)(B)).
            (2) Carrier obligations.--The system shall include a method 
        for requiring--
                    (A) carriers and other corporations described in 
                section 217(a)(5) of such Act (8 U.S.C. 1187(a)(5)) to 
                inquire electronically, prior to an alien passenger's 
                embarkation without a visa, whether the alien has been 
                determined, using the system described in this section, 
                to be eligible for such an admission; and
                    (B) the electronic response to such inquiry to be 
                provided in 90 seconds or less.
            (3) Deployment.--The system shall be deployed as soon as 
        possible after the date of the enactment of this Act.
            (4) Fee.--The Secretary of Homeland Security shall 
        establish a fee to be charged to aliens described in subsection 
        (a) that is set at a level that will ensure the recovery of the 
        full costs of establishing and operating the system.
    (c) Consultation.--In developing the system, the Secretary of 
Homeland Security shall consult with, and allow for the system's review 
by, a private sector group consisting of individuals with expertise in 
immigration, travel, tourism, privacy, national security, or computer 
security issues.

SEC. 107. DEFINING SECURITY RESPONSIBILITIES OF THE VISA WAIVER PROGRAM 
              OFFICE.

    (a) In General.--The Secretary of Homeland Security shall create a 
Visa Waiver Program Office.
    (b) Functions.-- The functions of the head of the Visa Waiver 
Program Office shall include the following:
            (1) Developing a plan to submit the annual report required 
        under section 110(e) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note).
            (2) Developing protocols and a plan to conduct biennial 
        country reviews.
            (3) Determining funding levels necessary to support the 
        conduct of country reviews and to carry out the other 
        responsibilities of the office.
            (4) Developing a process to comprehensively check all lost 
        and stolen passport data provided countries designated as visa 
        waiver program countries under section 217 of the Immigration 
        and Nationality Act (8 U.S.C. 1187) against entry and exit data 
        in information systems of the United States.
            (5) Developing procedures to collect and analyze data 
        concerning the fraudulent use of visa waiver program passports.
            (6) Including in the country review protocols provisions to 
        review document manufacturing and issuing security practices.
            (7) Coordinating with the Department of State to establish 
        standard operating procedure for systemic and proactive 
        collection of lost and stolen passport information.
            (8) Requiring that inventory control numbers and passport 
        numbers be queried in lookout systems.
            (9) Reviewing policies that allow the return of fraudulent 
        travel documents to those who presented them when they are sent 
        back to their countries of origin.

SEC. 108. ADDITIONAL AND CONTINUOUS TRAINING FOR INSPECTORS IN FRAUD 
              AND IMPOSTER DETECTION.

    (a) Fraud Detection.--The Secretary of Homeland Security shall 
provide inspectors conducting inspections of aliens entering the United 
States pursuant to the visa waiver program described in section 217 of 
the Immigration and Nationality Act (8 U.S.C. 1187) with enhanced and 
continuous training in detecting imposters and in passport and document 
fraud detection. Additional training should be provided when any 
program country designated under such section makes changes in its 
passports. The Secretary shall report to the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)) on the amount and the type of training received 
such inspectors on detecting and handling fraudulent documents.
    (b) Foreign Languages.--The Secretary of Homeland Security shall 
provide inspectors described in subsection (a) with foreign language 
training in languages determined to be necessary to carrying out the 
anti-terrorism and law enforcement functions of such inspectors.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such funds as may be necessary to develop the capability 
to scan fraudulent documents and to transmit a high quality color image 
to the forensic document laboratory. The Secretary of Homeland Security 
shall ensure that staff is available in the Forensic Document 
Laboratory on a 24-hour basis to assist in determining the validity of 
the scanned document.

SEC. 109. AUTHORIZATION OF FUNDS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the functions described in this subchapter.

         Subtitle E--Securing the Immigration Benefits Process

SEC. 111. IMMIGRATION OMBUDSMAN.

    (a) Extension of Authority to All Immigration Functions.--Section 
452 of the Homeland Security Act of 2002 (6 U.S.C. 272) is amended--
            (1) in subsection (a), by striking ``Citizenship and 
        Immigration Services'' and inserting ``Immigration'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``the Bureau of 
                Citizenship and Immigration Services'' and inserting 
                ``U.S. Citizenship and Immigration Services, U.S. 
                Immigration and Customs Enforcement, or U.S. Customs 
                and Border Protection''; and
                    (B) in each of paragraphs (2) and (3), by striking 
                ``the Bureau of Citizenship and Immigration Services'' 
                each place such term appears and inserting ``such 
                entities'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``the Bureau of 
                Citizenship and Immigration Services'' each place such 
                term appears and inserting ``the entities described in 
                subsection (b)''; and
                    (B) in paragraph (2), by striking ``Director of the 
                Bureau of Citizenship and Immigration Services,'' and 
                inserting ``Director of U.S. Citizenship and 
                Immigration Services, Assistant Secretary for U.S. 
                Immigration and Customs Enforcement, U.S. Customs and 
                Border Protection Commissioner'';
            (4) in subsection (d)--
                    (A) in paragraph (2), by striking ``the Bureau of 
                Citizenship and Immigration Services'' and inserting 
                ``the entities described in subsection (b)''; and
                    (B) in paragraph (4), by striking ``Director of the 
                Bureau of Citizenship and Immigration Services,'' and 
                inserting ``Director of U.S. Citizenship and 
                Immigration Services, Assistant Secretary for U.S. 
                Immigration and Customs Enforcement, and U.S. Customs 
                and Border Protection Commissioner'';
            (5) in subsection (e)(2), by striking ``the Bureau of 
        Citizenship and Immigration Services'' and inserting ``the 
        entities described in subsection (b)'';
            (6) in subsection (f)--
                    (A) by amending the subsection heading to read as 
                follows: ``Responsibilities.--'';
                    (B) by striking ``Director of the Bureau of 
                Citizenship and Immigration Services,'' and inserting 
                ``Director of U.S. Citizenship and Immigration 
                Services, Assistant Secretary for U.S. Immigration and 
                Customs Enforcement, and the U.S. Customs and Border 
                Protection Commissioner''; and
                    (C) by striking ``director'' each place such term 
                appears and inserting ``person''; and
            (7) in subsection (g), by striking ``the Bureau of 
        Citizenship and Immigration Services'' each place such term 
        appears and inserting ``the entities described in subsection 
        (b)''.
    (b) Public Information Campaign; Private Sector Input.--
            (1) In general.--Section 452(d) of the Homeland Security 
        Act of 2002 (6 U.S.C. 272(d)) is amended--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(5) shall launch a public information campaign; and
            ``(6) shall establish a group, which shall consist of 
        private individuals, and Federal, State, and local government 
        officials, with expertise in migration, travel, trade, or 
        national security issues, to provide the Ombudsman with private 
        sector input.''.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated for such sums as may be necessary to carry 
        out the amendments made by paragraph (1).
    (c) Additional Reporting Requirements.--Section 452(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 272(c)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) shall state the percentage of complaints that 
                can be traced to delays in benefits processing; and
                    ``(H) shall describe the extent to which delays in 
                benefits processing are attributable to entities 
                outside of the Department, particularly government 
                agencies conducting background checks.''.

SEC. 112. CIS WORKFLOW, TECHNOLOGY, AND STAFFING ASSESSMENT.

    (a) In General.--The Comptroller General of the United States shall 
conduct a comprehensive assessment of U.S. Citizenship and Immigration 
Services within the Department of Homeland Security. Such assessment 
shall include study of personnel, administrative and technical support 
positions, technology, training, and facilities.
    (b) Workflow.--As part of the study, the Comptroller General shall 
examine all elements of such unit's workflow, in order to determine the 
most efficient way to handle its work without compromising security. 
Any obstacles associated with security matters should be identified and 
recommendations should be made on ways to minimize such obstacles 
without compromising security. The Comptroller General should assess 
the division of work, adequacy of infrastructure (particularly 
information technology), as well as personnel needs.
    (c) Interactions With Other Organizations.--As part of the study, 
the Comptroller General shall examine the unit's interactions with 
other government organizations. Specifically, the Comptroller General 
shall determine whether existing memoranda of understanding and 
divisions of responsibility, especially any which pre-date the 
establishment of the Department of Homeland Security, need to be 
revised in order to improve the bureau's service delivery.
    (d) Backlog Cost.--As part of the study, the Comptroller General 
shall assess the current cost of maintaining the backlog (as defined in 
section 203 of the Immigration Services and Infrastructure Improvements 
Act of 2000 (8 U.S.C. 1572)).
    (e) Interviews.--The Comptroller General may interview any front-
line personnel, without supervisors present, to determine priorities 
and needs.
    (f) Information Technology.--Aspects of this study related to 
information technology should be coordinated with the Chief Information 
Officer for the Department of Homeland Security and should build on the 
findings of the task force established by section 3 of the Immigration 
and Naturalization Service Data Management Improvement Act of 2000 
(Public Law 106-215).
    (g) Submission.--The study should be completed not later than 
January 1, 2005, and shall be submitted to the Secretary of Homeland 
Security, the Secretary of State, and the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)). It shall include recommendations for resource 
allocation.

SEC. 113. STUDY ON BIOMETRICS.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of the National Institute of Standards 
and Technology, shall conduct a study of all biometric identifiers that 
might be collected for purposes of processing and adjudicating 
applications and petitions for immigration benefits, and shall 
determine which among these identifiers would be most appropriate for 
the purposes described in subsection (b). The Secretary shall provide 
the resources necessary properly to conduct the study.
    (b) Uses.--In carrying out subsection (a), the Secretary shall 
consider the use of a biometric identifier--
            (1) to register or catalogue a petition or application for 
        an immigration benefit upon submission to the appropriate 
        Federal agency;
            (2) to check the petitioner or applicant against watch 
        lists;
            (3) as part of the integrated entry and exit data system 
        required under section 110 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a); and
            (4) to conduct background checks with Federal intelligence 
        agencies.
    (c) Factors.--The Secretary shall consider the following factors in 
making the determination under subsection (a):
            (1) Accuracy
            (2) The technology available.
            (3) Economic considerations.
            (4) Storage.
            (5) Efficiency.
    (d) Submission.--The study should be completed within one year of 
enactment, and shall be submitted to the Secretary of State and the 
appropriate congressional committees (as defined in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101)).

SEC. 114. DIGITIZING IMMIGRATION FUNCTIONS.

    (a) Digitized Fingerprints.--Not later than January 1, 2005, all 
fingerprints taken for purposes of adjudicating an application or 
petition for an immigration benefit shall be digitized.
    (b) Registering Applications by Biometric.--Not later than January 
1, 2005, all applications and petitions for an immigration benefit 
shall be registered or catalogued by the receiving agency using a 
biometric identifier. Initially, such biometric identifier shall be a 
fingerprint. Subsequently, the Secretary of Homeland Security may 
select one or more alternative biometric identifiers to be used for 
such purposes, taking into account factors such as efficiency, 
accuracy, the technology available, economic considerations, and 
storage requirements.

SEC. 115. STUDY ON DIGITIZING IMMIGRATION BENEFIT APPLICATIONS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a comprehensive study on digitizing all applications and 
petitions for an immigration benefit, including digital storage, 
cataloguing, and the ability to apply for all types of immigration 
benefits through digital means. The study should consider costs for 
both the Federal Government and the applicant or petitioner, as well as 
the feasibility for all types of persons to apply by digital means.
    (b) Submission.--The study should be completed not later than 
January 1, 2005, and shall be submitted to the Secretary of Homeland 
Security, the Secretary of State, and the appropriate congressional 
committees (as defined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101)).

                  TITLE V--STRENGTHENING RAIL SECURITY

SEC. 121. PUBLIC TRANSPORTATION SYSTEM GRANTS AND TRAINING.

    (a) Homeland Security Public Transportation Grants.--
            (1) Authorization.--The Secretary of Homeland Security is 
        authorized to make grants for the purpose of improving the 
        security of public transportation systems against acts of 
        terrorism. The grant program shall be administered by the Under 
        Secretary for Border and Transportation Security--
                    (A) in consultation with the Director of the Office 
                of Domestic Preparedness, to ensure that the program is 
                consistent with other Department of Homeland Security 
                grant programs;
                    (B) with the Assistant Secretary for Infrastructure 
                Protection to ensure that grant awards are consistent 
                with critical infrastructure risk assessments and 
                protective priorities as they relate to public 
                transportation; and
                    (C) with the Under Secretary for Science and 
                Technology to ensure that technology aspects of grant 
                proposals are feasible and generally consistent with 
                existing technologies and standards.
            (2) Considerations.--Among the considerations on which 
        grants shall be awarded are the following:
                    (A) Risk of terrorism, including threat assessment, 
                vulnerabilities of public transportation systems, 
                potential effects of acts of terrorism against public 
                transportation systems, and past acts of terrorism 
                against modes of transportation.
                    (B) Merits of the proposed projects to increase 
                national security, based on a consideration of--
                            (i) threats;
                            (ii) vulnerabilities;
                            (iii) consequences, including human 
                        casualties and economic impacts;
                            (iv) consequence management;
                            (v) the likelihood that such projects would 
                        have been pursued in the normal course of 
                        business and in the absence of national 
                        security considerations; and
                            (vi) feasibility, based on the technical 
                        and operational merits of the projects.
            (3) Allowable use of funds.--Grants made under this 
        subsection shall be used for the purposes of--
                    (A) support for increased capital investments in 
                cameras, close-circuit television, and other 
                surveillance systems;
                    (B) increased capital investment in command, 
                control, and communications systems, including 
                investments for redundancy and interoperability and for 
                improved situational awareness, such as emergency call 
                boxes and vehicle locator systems;
                    (C) increased training, including for carrying out 
                exercises under subsection (b), and technical support 
                for public transportation employees, especially for 
                security awareness, prevention, emergency response, 
                including evacuation, and decontamination;
                    (D) expanded deployment of equipment and other 
                measures, including canine detection teams, for the 
                detection of explosives and chemical, biological, 
                radiological, and nuclear agents;
                    (E) capital improvements and operating activities, 
                including personnel expenditures, to increase the 
                physical security of stations, vehicles, bridges, and 
                tunnels;
                    (F) capital improvements and operating activities 
                to improve passenger survivability in the event of an 
                attack, including improvements in ventilation, 
                drainage, fire safety technology, emergency 
                communications systems, lighting systems, passenger 
                egress, and accessibility by emergency response 
                personnel;
                    (G) acquisition of emergency response and support 
                equipment, including fire suppression and 
                decontamination equipment; and
                    (H) expansion of employee education and public 
                awareness campaigns regarding security on public 
                transportation systems.
            (4) Eligible recipients.--Grants shall be made available 
        under this subsection directly to owners, operators, and 
        providers of public transportation systems. Owners, operators, 
        and providers of infrastructure over which public 
        transportation operates, but which is not primarily used for 
        public transportation, may also be eligible for grants at the 
        discretion of the Secretary.
            (5) Accountability.--The Secretary shall adopt necessary 
        procedures, including audits, to ensure that grants made under 
        this subsection are expended in accordance with the purposes of 
        this section and the priorities and other criteria developed by 
        the Secretary. If the Secretary determines that a recipient has 
        used any portion of the grant funds received under this 
        subsection for a purpose other than the allowable uses 
        specified for that grant under this subsection, the grantee 
        shall return any amount so used to the Treasury of the United 
        States.
            (6) Procedures for grant award.--The Secretary shall 
        prescribe procedures and schedules for the awarding of grants 
        under this subsection, including application and qualification 
        procedures, and a record of decision on applicant eligibility. 
        The Secretary shall issue a final rule establishing the 
        procedures not later than 90 days after the date of enactment 
        of this Act.
            (7) Cost share.--Grants made under this subsection shall 
        account for no more than--
                    (A) 85 percent for fiscal year 2005;
                    (B) 80 percent for fiscal year 2006; and
                    (C) 75 percent for fiscal year 2007,
        of the expense of the purposes for which the grants are used.
            (8) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary to carry out the purposes 
        of this subsection--
                    (A) $1,200,000,000 for fiscal year 2005;
                    (B) $900,000,000 for fiscal year 2006; and
                    (C) $700,000,000 for fiscal year 2007.
        Amounts appropriated pursuant to this paragraph shall remain 
        available until expended.
    (b) Training Exercises.--
            (1) Guidelines.--Not later than 4 months after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        publish guidelines for the conduct by recipients of grants 
        under subsection (a) of appropriate exercises for emergency 
        response and public transportation employee training purposes.
            (2) Plans.--Not later than 6 months after receipt of a 
        grant under subsection (a), the recipient of such grant shall 
        transmit to the Secretary its emergency response plan as well 
        as a plan for conducting exercises for emergency response and 
        public transportation employee training purposes pursuant to 
        the guidelines published under paragraph (1).
            (3) Exercises.--
                    (A) Requirement.--Not later than 1 year after 
                receipt of a grant under subsection (a), the recipient 
                of such grant shall conduct an exercise pursuant to the 
                plan for conducting exercises transmitted under 
                paragraph (2).
                    (B) Exemptions.--The Secretary may exempt a grant 
                recipient from the requirement under subparagraph (A) 
                if the recipient has recently conducted an equivalent 
                exercise.
                    (C) Notice and report.--Not later than 30 days 
                after conducting an exercise under subparagraph (A) or 
                as described in subparagraph (B), the recipient shall 
                notify the Secretary that such exercise has been 
                completed, including a description of the results of 
                the exercise and findings and lessons learned from the 
                exercise, and shall make recommendations for changes, 
                if necessary, to existing emergency response plans. If 
                the recipient revises an emergency response plan as a 
                result of an exercise under this paragraph, the 
                recipient shall transmit the revised plan to the 
                Secretary not later than 6 months after the exercise.
            (4) Technical assistance.--The Secretary shall provide 
        technical assistance in the design, preparation for, and 
        conduct of emergency response exercises.
            (5) Use of plans.--The Secretary shall ensure that 
        information submitted to the Secretary under this subsection is 
        protected from any form of disclosure that might compromise 
        public transportation security or trade secrets. 
        Notwithstanding the preceding sentence, the Secretary may use 
        such information, on a nonattributed basis unless otherwise 
        agreed to by the source of the information, to aid in 
        developing recommendations, best practices, and materials for 
        use by public transportation authorities to improve security 
        practices and emergency response capabilities.
    (c) Definition.--For the purposes of this section--
            (1) the term ``public transportation employees'' means 
        security personnel, dispatchers, vehicle and vessel operators, 
        other onboard employees, maintenance and support personnel, and 
        other appropriate employees of owners, operators, and providers 
        of public transportation systems; and
            (2) the term ``public transportation systems'' means 
        passenger, commuter, and light rail, including Amtrak and 
        subways, buses, commuter ferries, and other modes of public 
        transit.

SEC. 122. PUBLIC TRANSPORTATION SECURITY PLAN, BEST PRACTICES, AND 
              AWARENESS.

    (a) Security Best Practices.--The Secretary of Homeland Security 
shall, not later than 120 days after the date of enactment of this Act, 
develop, disseminate to appropriate owners, operators, and providers of 
public transportation systems, public transportation employees and 
employee representatives, and Federal, State, and local officials, and 
transmit to the Congress a report containing best practices for the 
security of public transportation systems. In developing best 
practices, the Secretary shall be responsible for consulting with and 
collecting input from owners, operators, and providers of public 
transportation systems, public transportation employee representatives, 
first responders, industry associations, private sector experts, 
academic experts, and appropriate Federal, State, and local officials.
    (b) Public Awareness.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall develop 
a national plan for public outreach and awareness. Such plan shall be 
designed to increase awareness of measures that the general public, 
public transportation passengers, and public transportation employees 
can take to increase public transportation system security. Such plan 
shall also provide outreach to owners, operators, providers, and 
employees of public transportation systems to improve their awareness 
of available technologies, ongoing research and development efforts, 
and available Federal funding sources to improve public transportation 
security. Not later than 9 months after the date of enactment of this 
Act, the Secretary shall implement the plan developed under this 
subsection.
    (c) Security Plan.--
            (1) Requirement.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security, in 
        coordination with the Secretary of Transportation, shall 
        develop a strategic plan for the security of the Nation's 
        public transportation systems and transmit to Congress a report 
        containing a summary of that plan. Such plan shall--
                    (A) include a comprehensive assessment of risks to 
                the Nation's public transportation systems, including 
                an assessment of threats of terrorist attack, 
                vulnerabilities against terrorist attack, and human, 
                economic, and national security consequences of 
                terrorist attack;
                    (B) take into account actions taken or planned by 
                both public and private entities to address identified 
                security issues;
                    (C) describe measures for prevention, protection, 
                and preparedness, including recommended actions and 
                best practices (as described in subsection (a));
                    (D) make prioritized recommendations for improving 
                public transportation system security;
                    (E) identify specific actions the Federal 
                Government should take to provide increased security 
                support for public transportation systems, both 
                generally and in periods of high or severe threat 
                levels of alert;
                    (F) identify measures for coordinating initiatives 
                undertaken by the public and private sectors to 
                increase security of public transportation systems;
                    (G) contain an estimate of the cost to implement 
                measures, recommendations, and best practices, and 
                other actions contained within the plan;
                    (H) identify milestones and timeframes for 
                implementing measures, recommendations, and best 
                practices, and other actions contained within the plan; 
                and
                    (I) identify methods for measuring progress against 
                the plan and communicating such progress to owners, 
                operators, and providers of public transportation 
                systems and to Congress.
            (2) Implementation.--The Secretary shall begin 
        implementation of the plan not later than 3 months after its 
        development.
            (3) Consultation; use of existing resources.--In developing 
        the plan under this subsection, the Secretary shall be 
        responsible for consulting with and collecting input from 
        owners, operators, and providers of public transportation 
        systems, public transportation employee representatives, first 
        responders, industry associations, private sector experts, 
        academic experts, and appropriate Federal, State, and local 
        officials.
            (4) Format.--The Secretary may submit the report in both 
        classified and unclassified formats if the Secretary considers 
        that such action is appropriate or necessary.
            (5) 2-year updates.--The Secretary, in consultation with 
        the Secretary of Transportation, shall update the plan every 2 
        years, as necessary, and transmit such updated report to 
        Congress.
    (d) Definition.--For the purposes of this section--
            (1) the term ``public transportation employees'' means 
        security personnel, dispatchers, vehicle and vessel operators, 
        other onboard employees, maintenance and support personnel, and 
        other appropriate employees of owners, operators, and providers 
        of public transportation systems; and
            (2) the term ``public transportation systems'' means 
        passenger, commuter, and light rail, including Amtrak and 
        subways, buses, commuter ferries, and other modes of public 
        transit.

SEC. 123. MEMORANDUM OF AGREEMENT.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Homeland Security and the Secretary of 
Transportation shall execute a Memorandum of Agreement governing the 
roles and responsibilities of the Department of Homeland Security and 
the Department of Transportation, respectively, in addressing security 
matters for public transportation systems, including the process the 
departments will follow to promote communications, efficiency, and 
nonduplication of effort. Such Memorandum of Agreement shall also 
establish a formal mechanism to ensure coordination and the timely 
sharing of expertise and information between the Department of Homeland 
Security and the Department of Transportation, as appropriate, in 
public transportation security.
    (b) Definition.--For the purposes of this section the term ``public 
transportation systems'' means passenger, commuter, and light rail, 
including Amtrak and subways, buses, commuter ferries, and other modes 
of public transit.

                 TITLE VI--STRENGTHENING PORT SECURITY

SEC. 130. SHORT TITLE.

    This title may be cited as the ``Secure Containers from Overseas 
and Seaports from Terrorism Act'' or the ``Secure COAST Act''.

 Subtitle A--Bureau of Customs and Border Protection Security Programs

SEC. 131. AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is amended by adding at the end the following new 
subtitle:

``Subtitle G--Bureau of Customs and Border Protection Security Programs

``SEC. 481. STANDARDS AND VERIFICATION PROCEDURES FOR THE SECURITY OF 
              MARITIME CARGO CONTAINERS.

    ``(a) Standards and Verification Procedures.--Not later than 180 
days after the date of the enactment of the Secure COAST Act, the 
Secretary, acting through the Under Secretary for Border and 
Transportation Security, shall establish standards and verification 
procedures for the security of maritime cargo containers moving within 
the intermodal transportation system, including standards for sealing 
and procedures for seal verifications for cargo containers at loading.
    ``(b) Requirements.--The standards and verification procedures 
established pursuant to subsection (a) shall be consistent with the 
cargo container security recommendations of Operation Safe Commerce, 
the interagency Container Working Group, and the Smart and Secure Trade 
Lane program and shall meet the following additional requirements:
            ``(1) Seal standards.--Maritime cargo containers shall at a 
        minimum be affixed with a security seal equivalent to the level 
        `D' high security seal (as certified by the International 
        Organization for Standardization (ISO); Certification No. 
        17712) at loading.
            ``(2) Seal verification.--Procedures shall be established 
        for the verification of security seals described in paragraph 
        (1), including procedures to determine which individuals and 
        entities in the intermodal transportation system are 
        responsible for sealing maritime cargo containers, recording of 
        seal numbers, changes to such numbers if a container is opened, 
        and anomalies relating to security seals.
    ``(c) Evaluation of Container Tracking Technologies, Container 
Targeting, and Security of Empty Containers.--
            ``(1) Evaluation.--The Secretary, acting through the Under 
        Secretary for Border and Transportation Security, shall carry 
        out the following:
                    ``(A) Container tracking technologies.--The 
                Secretary shall evaluate the security benefits of 
                existing technology for container tracking from the 
                point of loading to its final destination, such as 
                electronic seals or intrusion detection devices that 
                can detect a physical breach of a container. In 
                addition to determining the security benefits, the 
                Secretary shall determine the costs, infrastructure, 
                communication system, required to deploy such 
                technology in the intermodal transportation system, 
                including incentives for investment in such technology.
                    ``(B) Container targeting.--The Secretary shall 
                evaluate trade information, in addition to cargo 
                manifest information, such as purchase orders, port of 
                origin data, and transshipment data, which would 
                improve the ability of the Bureau of Customs and Border 
                Protection to carry out risk analysis of containers.
            ``(2) Report.--Not later than 180 days after the date of 
        the enactment of the Secure COAST Act, the Secretary shall 
        prepare and submit to the appropriate congressional committees 
        a report that contains the results of the evaluations carried 
        out under paragraph (1), including any recommendations thereto.

``SEC. 482. VALIDATION OF SECURITY MEASURES UNDER THE C-TPAT PROGRAM.

    ``(a) General Validation.--Not later than September 30, 2005, and 
on an annual basis thereafter, the Commissioner of the Bureau of 
Customs and Border Protection shall conduct on site validations of each 
individual and entity participating in the C-TPAT program to ensure 
that the individual or entity is implementing appropriate security 
measures under the program. The Commissioner may certify private 
security companies to carry out the validation process described in the 
preceding sentence.
    ``(b) Specific Validation.--The Commissioner shall establish 
inspection teams under the C-TPAT program to evaluate the program's 
security requirements and, as circumstances warrant, to carry out 
unannounced inspections of individuals and entities participating in 
the program to ensure compliance with the security requirements.
    ``(c) Penalties for Non-Compliance.--The Commissioner shall 
establish penalties for non-compliance with the requirements of the C-
TPAT program by individuals and entities participating in the program, 
including probation or expulsion from the program, as appropriate.

``SEC. 483. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT; 
              INTEGRATED CARGO INSPECTION SYSTEM.

    ``(a) Deployment of Radiation Detection Portal Equipment.--
            ``(1) Deployment.--Not later than September 30, 2005, the 
        Commissioner of the Bureau of Customs and Border Protection 
        shall deploy radiation detection portal equipment at all United 
        States seaports, other United States ports of entry, and major 
        facilities as determined by the Secretary.
            ``(2) Report.--Not later than December 31, 2004, the 
        Commissioner shall submit to the appropriate congressional 
        committees a report on the implementation of the requirement 
        under paragraph (1).
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Commissioner $290,000,000 for fiscal 
        year 2005 to carry out this subsection.
    ``(b) Integrated Cargo Inspection System.--
            ``(1) Plan.--The Commissioner of the Bureau of Customs and 
        Border Protection shall develop a plan to integrate radiation 
        detection portal equipment with gamma-ray inspection technology 
        equipment at United States seaports and foreign seaports that 
        are participating the Container Security Initiative in order to 
        facilitate the detection of nuclear weapons in maritime cargo 
        containers. Such plan shall include methods for automatic 
        identification of containers and vehicles for inspection in a 
        timely manner and a data sharing network capable of 
        transmitting gamma-ray images and cargo data among relevant 
        ports and the National Targeting Center of the Bureau of 
        Customs and Border Protection.
            ``(2) Report.--Not later than 180 days after the date of 
        the enactment of the Secure COAST Act, the Commissioner shall 
        prepare and submit to the appropriate congressional committees 
        a report that contains--
                    ``(A) a description of the plan developed under 
                paragraph (1), including any infrastructure 
                improvements required at the seaports involved;
                    ``(B) an estimate of the costs associated with 
                implementation of the plan; and
                    ``(C) an estimate of the timeframe for 
                implementation of the plan.

``SEC. 484. STAFFING ASSESSMENT OF SEAPORT SECURITY MISSIONS.

    ``(a) Study.--The Commissioner of the Bureau of Customs and Border 
Protection shall conduct a study to determine the number of Bureau 
inspectors and other appropriate personnel that should be stationed at 
United States seaports and foreign seaports that are participating in 
the Container Security Initiative (CSI) to support increased 
inspections of low risk cargo, deployment of personnel at foreign 
seaports for a period of at least one year, and the manning of 
radiation portal monitors installed at such seaports. In determining 
such number of Bureau inspectors, the Commissioner shall take into 
account the requirements contained in the other sections of this 
subtitle.
    ``(b) Report.--Not later than 180 days after the date of the 
enactment of the Secure COAST Act, the Commissioner shall prepare and 
submit to the appropriate congressional committees a report that 
contains the results of the study conducted under subsection (a).

``SEC. 485. CSI REPORT.

    ``Not later than 180 days after the date of the enactment of the 
Secure COAST Act, and on an annual basis thereafter, the Secretary, 
acting through the Commissioner of the Bureau of Customs and Border 
Protection, shall prepare and submit to the appropriate congressional 
committees a report that contains all cargo inspection data at foreign 
seaports participating in the Container Security Initiative (CSI) for 
the prior year. The initial report shall include the plan for the 
`strategic port' phase of the CSI.

``SEC. 486. DEFINITIONS.

    ``In this subtitle:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Appropriations, the 
                Committee on Ways and Means, the Select Committee on 
                Homeland Security (or any successor committee), and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives; and
                    ``(B) the Committee on Appropriations, the 
                Committee on Finance, the Committee on Commerce, 
                Science, and Transportation, and the Committee on 
                Governmental Affairs of the Senate.
            ``(2) Bureau of customs and border protection or bureau.--
        The term `Bureau of Customs and Border Protection' or `Bureau' 
        means the Bureau of Customs and Border Protection of the 
        Department.
            ``(3) Commissioner.--The term `Commissioner' means the 
        Commissioner of the Bureau of Customs and Border Protection.
            ``(4) Container security initiative or csi.--The term 
        `Container Security Initiative' or `CSI' means the program 
        carried out by the Bureau of Customs and Border Protection 
        under which Bureau personnel are deployed to major seaports 
        outside the United States to work with their host country 
        counterparts to--
                    ``(A) establish security criteria to identify high-
                risk maritime cargo containers bound for the United 
                States based on advance information;
                    ``(B) identify and pre-screen such maritime cargo 
                containers for chemical, biological, or nuclear weapons 
                through examination or inspection; and
                    ``(C) develop secure or `smart' maritime cargo 
                containers.
            ``(5) C-TPAT program.--The term `C-TPAT program' means the 
        Customs-Trade Partnership Against Terrorism program carried out 
        by the Bureau of Customs and Border Protection under which 
        importers, brokers, air, sea, and land carriers, and other 
        individuals and entities in the intermodal transportation 
        system voluntarily enter into partnerships with the Bureau to 
        establish and carry out a validation process to ensure that 
        participants are implementing appropriate security measures to 
        protect the system from being compromised by individual 
        terrorists and terrorist organizations.
            ``(6) Interagency container working group.--The term 
        `Interagency Container Working Group' means the working group 
        consisting of representatives of the former United States 
        Customs Service and the National Infrastructure Security 
        Committee of the Department of Transportation that provided 
        recommendations relating to the security of intermodal cargo 
        containers to the Office of Homeland Security in the Executive 
        Office of the President.
            ``(7) Operation safe commerce.--The term `Operation Safe 
        Commerce' means the program carried out by the Department of 
        Transportation and the Bureau of Customs and Border Protection 
        to fund business initiatives designed to enhance security for 
        maritime cargo containers moving within the intermodal 
        transportation system.
            ``(8) Smart and secure trade lane program.--The term `Smart 
        and Secure Trade Lane Program' means the program carried out by 
        the intermodal transportation industry to provide security and 
        ensure efficiency throughout the intermodal transportation 
        system, specifically by developing technology to improve the 
        security of intermodal cargo containers and to improve 
        information sharing within the industry relating to such 
        security and efficiency.''
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to subtitle F of title IV the following new items:

``Subtitle G--Bureau of Customs and Border Protection Security Programs

``Sec. 481. Standards for the security of maritime cargo containers.
``Sec. 482. Validation of security measures under the C-TPAT program.
``Sec. 483. Deployment of radiation detection portal equipment; 
                            integrated cargo inspection system.
``Sec. 484. Staffing assessment of seaport security missions.
``Sec. 485. CSI report.
``Sec. 486. Definitions.''.

                       Subtitle B--Port Security

SEC. 135. PORT SECURITY GRANT FUNDING.

    Section 70107(h) of title 46, United States Code, is amended to 
read as follows:
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out subsections (a) through 
(g)--
            ``(1) $537,000,000 for fiscal year 2005; and
            ``(2) such sums as are necessary for each subsequent fiscal 
        year.''.

SEC. 136. FUNDING FOR COLLABORATIVE PROGRAM FOR DEVELOPMENT OF MARITIME 
              INFORMATION SHARING AND ANALYSIS CAPABILITY.

    (a) Fiscal Year 2005.--Of the amounts authorized to be appropriated 
to the Department of Homeland Security, $3,000,000 shall be available 
for a grant to assist the maritime industry to develop and operare a 
colloaborative maritime information sharing and analysis capability.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the President should include in budget requests 
        submitted for fiscal years 2006 and 2007 sufficient funds to 
        ensure that such a maritime information sharing and analysis 
        capability is fully operational before fiscal year 2008; and
            (2) the maritime industry should pay at least half of the 
        operating costs of such capability incurred in fiscal year 2008 
        and thereafter.

SEC. 137. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title the term ``appropriate congressional committees'' 
means the Committee on Transportation and Infrastructure, the Select 
Committee on Homeland Security, and the Committee on Appropriations of 
the House of Representatives and the Committee on Commerce, Science and 
Transportation and the Committee on Appropriations of the Senate.

               Subtitle C--Strengthening the Coast Guard

SEC. 141. ACCELERATION OF INTEGRATED DEEPWATER PROGRAM.

    In addition to any other amounts authorized, there is authorized to 
be appropriated to the Secretary of Homeland Security $1,892,000,000 
for fiscal year 2005 for the acquisition and construction of vessels, 
aircraft, shore and offshore facilities and other components associated 
with the Integrated Deepwater System in accordance with the report 
required by section 888 of the Homeland Security Act of 2002 (116 Stat. 
2250).

SEC. 142. INCREASE IN AUTHORIZED COAST GUARD PERSONNEL.

    The Coast Guard is authorized an end-of-year strength for active 
duty personnel of 50,000 as of September 30 of each of 2005 and 2006.

SEC. 143. SENSE OF THE CONGRESS REGARDING NAMING NEW VESSELS UNDER THE 
              DEEPWATER PROGRAM FOR CITIES OF THE UNITED STATES.

    It is the sense of the Congress that the Coast Guard should 
consider including in its naming protocols for new vessels constructed 
under the Deepwater Program the names of cities of the United States, 
in recognition of their support and friendly relationship to the Coast 
Guard and the challenge to cities in the United States from terrorism.

               TITLE VII--STRENGTHENING AVIATION SECURITY

SEC. 151. PASSENGER AND BAGGAGE SCREENING OPERATIONS.

    (a) Study.--The Secretary of Homeland Security shall conduct a 
study on the workforce size needed to adequately conduct passenger and 
baggage screening operations. The study shall include an analysis of 
the optimal screener workforce for security purposes, taking into 
account the following: passenger demand for air travel, number of 
airports and screening checkpoints, number of screeners required to 
operate each checkpoint, risk assessments, acceptable average peak wait 
times, and use of currently existing and near-term technologies 
(including inline explosive detection systems for baggage screening). 
The study shall cover all screeners, whether employed by the 
Transportation Security Administration or private companies.
    (b) Report.--As soon as practicable, the Secretary shall transmit 
to the Congress a report on the results of the study, including 
assessments of full time versus part time screeners, and 
recommendations on appropriate ratio of supervisors, lead screeners, 
and screeners. The Secretary shall include in the report a description 
of the assumptions used for determining acceptable passenger wait times 
at screening checkpoints and how different lengths of expected wait 
times would influence the analysis.
    (c) Sense of Congress.--It is the sense of the Congress that 
following the receipt of the report under subsection (b), Congress 
should provide the Transportation Security Administration with the 
resources necessary to maintain the workforce size required according 
to the study in subsection (a).

SEC. 152. CHECKED BAGGAGE SECURITY SCREENING.

    (a) In General.--Subchapter I of chapter 449 of title 49 United 
States Code, is amended by adding at the end the following:
``Sec. 44925. Authority to enter into multi-year contracts for the 
              provision of electronic explosive detection system images 
              for checked baggage and related items
    ``(a) General Authority.--Not later than 60 days after the date of 
enactment of this section, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall establish a program to 
enter into multi-year contracts of not more than 10 years with airport 
operators or other non-Federal entities to provide electronic explosive 
detection system images of checked baggage for screening purposes.
    ``(b) Required Findings.--The Assistant Secretary may enter into a 
contract for the provision of images under this section at an airport 
only if the Assistant Secretary finds that the average annual cost of 
the contract is less than the total estimated average annual cost for 
the Transportation Security Administration to acquire such images 
through the operation of stand alone explosive detection systems at 
that airport.
    ``(c) Ending Contract.--A contract made under this section shall be 
contingent on the availability of annual appropriations and shall be 
ended if amounts are not made available to continue the contract in 
subsequent fiscal years. The Assistant Secretary may not terminate a 
contract made under this section to the extent annual appropriations 
are available, except when the Assistant Secretary finds cause for 
termination.
    ``(d) Contract Provisions.--A contract made under this section--
            ``(1) may include any cost associated with providing 
        electronic explosive detection system images, including
                    ``(A) maintenance;
                    ``(B) financing;
                    ``(C) reasonable management fees; and
                    ``(D) other items or services the Assistant 
                Secretary deems necessary;
            ``(2) may specify the manner in which the electronic 
        explosive detection system images may be acquired and any other 
        operational requirements the Assistant Secretary deems 
        necessary;
            ``(3) may specify ownership rights of the electronic 
        explosive detection system images; and
            ``(4) may be made with multiple parties.
    ``(e) System Design.--Prior to entering into a contract under this 
section with respect to an airport, the Assistant Secretary shall 
consult with the operator and users of the airport to ensure that the 
provision of electronic explosive detection system images under this 
section takes into consideration the operational needs of the airport 
and its users.
    ``(f) Priority Consideration.--The Assistant Secretary shall give 
priority under this section to entering into contracts that--
            ``(1) will expedite the installation of integrated in-line 
        explosive detection systems at air carrier airports (as defined 
        in section 47102) that have approved plans on the date of 
        enactment of this section; and
            ``(2) have not met the requirement of section 44901(d) of 
        title 49, United States Code, to screen all checked baggage 
        with explosive detection systems.
    ``(g) Scoring.--Notwithstanding any other provision of law, any 
contract entered into under this section shall be treated and scored as 
an operating lease as defined in the Office of Management and Budget 
Circular A-11.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 44924 the following:

``44925. Authority to enter into multi-year contracts for the provision 
                            of electronic explosive detection system 
                            images for checked baggage and related 
                            items.''.

SEC. 153. AVIATION SECURITY CAPITAL FUND.

    (a) In General.--Section 44923(h)(1) of title 49, United States 
Code, is amended--
            (1) by striking ``in each of fiscal years 2004'' and 
        inserting ``in fiscal year 2004 and the first $500,000,000 
        derived from such fees in each of fiscal years 2005''; and
            (2) by striking ``in each of such fiscal years'' and 
        inserting ``in fiscal year 2004 and at least $500,000,000 in 
        each of fiscal years 2005 through 2007''.
    (b) Discretionary Grants.--Section 44923(h)(3) of such title is 
amended by inserting after ``$125,000,000'' the following: ``for fiscal 
year 2004 and $375,000,000 for each of fiscal years 2005 through 
2007''.

SEC. 154. ELIMINATION OF BAG-MATCH PROGRAM AS ACCEPTABLE ALTERNATIVE 
              FOR CHECKED BAGGAGE.

    (a) In General.--The only approved methods for ensuring that 
checked baggage on passenger aircraft do not contain dangerous 
materials shall be one or more of the use explosive detection 
technology, manual search, and search by canine explosive units.
    (b) Bag-Match Program Phase-out.--The reliance on matching baggage 
to passengers onboard the air-craft shall be phased-out over a 6-month 
period after the date of enactment of this Act. The Secretary of 
Homeland Security shall develop a plan for the phase-out and may 
authorize further use of the bag-match program following the phase-out 
period where necessary in case of an emergency or other extenuating 
circumstance as determined by the Secretary.
    (c) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to prevent the Transportation Security 
Administration from using the bag-match program as a supplemental means 
of securing checked baggage.

SEC. 155. AVIATION SECURITY TECHNOLOGIES.

    (a) Report- Not later than six months after the date of the 
enactment of this section, the Secretary of Homeland Security shall 
transmit to the Congress a report on--
            (1) the status and technical maturity of aviation security 
        technologies (including technologies for detecting explosive, 
        chemical, biological, or radiological materials on or in 
        passengers, carry-on or checked baggage, or air cargo; 
        improving resolution and readability of explosive detection 
        systems; integrating the threat imaging projection system into 
        checked baggage detection systems; site access security for 
        airport facilities; and such other technologies as the 
        Secretary deems appropriate);
            (2) for those technologies where possible, the planned 
        schedule for deployment of such technologies;
            (3) the expected future costs for development, testing, 
        evaluation, procurement, and installation, and projected annual 
        costs for operation and maintenance, of such technologies;
            (4) potential deployment problems in an airport setting; 
        and
            (5) methods of deploying security technologies to airports 
        in a manner that maximizes the number of technologies that 
        Federal and airport security personnel can effectively operate.

SEC. 156. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

    Subtitle A of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201-203) is amended by adding at the end the following:

``SEC. 404. AIR CARGO ON PASSENGER AIRCRAFT.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the Secretary shall establish and begin to 
implement a system to screen or inspect all cargo that is to be 
transported in passenger aircraft operated by an air carrier or foreign 
air carrier in air transportation or intrastate air transportation (as 
such terms are defined in section 40102 of title 49, United States 
Code). The system shall require the use of equipment, technology, and 
personnel to screen and inspect cargo that meet the same standards as 
those established by the Secretary for equipment, technology, and 
personnel used to screen passenger baggage.
    ``(b) Report.--Not later than 210 days after the date of the 
enactment of this section, the Secretary shall transmit to the Congress 
a report describing the system under subsection (a).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 157. DATABASE ON KNOWN SHIPPING COMPANIES.

    (a) In General.--Not later than April 1, 2005, the Secretary of 
Homeland Security shall complete, and make available as appropriate to 
personnel of the Transportation Security Administration, freight 
forwarders, airport authorities, air carriers, and other relevant 
entities a database containing the names and other relevant information 
of all known shipping companies. In making such database available to 
nongovernmental entities, the Secretary shall ensure that sensitive 
security information and company proprietary information is adequately 
protected.
    (b) Report.--Not later than the 30th day following the date of the 
completion of the database under subsection (a), the Secretary shall 
transmit to Congress a report on the number of known shipping companies 
in the database, the number of known shipping companies for whom the 
Administration has conducted physical inspections of facilities and 
paperwork of such companies to determine compliance with security 
regulations that apply to those companies, the number of companies that 
have applied to the Secretary for known shipping company status and 
been denied, and the number of known shipping companies that have been 
removed from the database as a result of findings by the Administration 
that such companies have failed to comply with appropriate security 
regulations.

SEC. 158. FLIGHT CREW COMMUNICATION SYSTEMS.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
require, to the greatest extent technically feasible, air carriers (as 
defined in section 40102 of title 49, United States Code) to provide 
flight attendants with a discreet and wireless method of communicating 
with pilots that meet such standards as the Secretary may establish by 
regulation. Such a system must be accessible by any Federal air marshal 
on a flight of an air carrier and appropriate Government security 
officials and personnel of the air carrier.
    (b) Deadline for Regulations.--The Secretary shall issue 
regulations to carry out this section not later than the 90th day 
following the date of the enactment of this Act.

SEC. 159. 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. 160. 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.

           TITLE VIII--IMPROVING PRIVATE SECTOR PREPAREDNESS

SEC. 161. SHORT TITLE.

    This title may be cited as the ``Private Sector Preparedness Act of 
2004''.

SEC. 162. FINDINGS.

    Congress finds the following:
            (1) Private sector organizations own 85 percent of the 
        Nation``s infrastructure facilities and employ the vast 
        majority of the Nation''s employees. The resources of these 
        organizations, including property and personnel, can be 
        coordinated in an emergency situation more efficiently than the 
        population in general.
            (2) Private sector organizations are often unprepared for 
        emergencies, whether resulting from a natural disaster or a 
        terrorist incident. Although there have been exemplary efforts 
        by select private sector organizations, emergency preparedness 
        is not generally a priority for these organizations.
            (3) The hearings of and testimony before the National 
        Commission on Terrorist Attacks Upon the United States 
        demonstrated that the lack of emergency preparedness and 
        evacuation planning, training, and exercises by private sector 
        organizations may have contributed to additional casualties at 
        the World Trade Center on September 11, 2001.
            (4) Although there may be an interest in promoting 
        emergency preparedness within private sector organizations, 
        there remains uncertainty and confusion as to the definition of 
        appropriate and adequate preparedness and what actions these 
        organizations should take.
            (5) Identifying standards and best practices is necessary 
        to promote emergency preparedness by private sector 
        organizations, in addition to educational activities to 
        effectively communicate such standards and best practices.

SEC. 163. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.

    (a) Establishment of Preparedness Program.--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. PRIVATE SECTOR EMERGENCY PREPAREDNESS PROGRAM.

    ``(a) Preparedness Program.--Not later than 90 days after the date 
of enactment of this section, the Secretary shall develop and implement 
a program to enhance private sector preparedness for emergencies and 
disasters, including emergencies resulting from acts of terrorism.
    ``(b) Program Elements.--In carrying out the program, the Secretary 
shall develop guidance and identify best practices to assist or foster 
action by the private sector in
            ``(1) identifying hazards and assessing risks and impacts;
            ``(2) mitigating the impacts of a wide variety of hazards, 
        including weapons of mass destruction;
            ``(3) managing necessary emergency preparedness and 
        response resources;
            ``(4) developing mutual aid agreements;
            ``(5) developing and maintaining emergency preparedness and 
        response plans, as well as associated operational procedures;
            ``(6) developing and maintaining communications and warning 
        systems;
            ``(7) developing and conducting training and exercises to 
        support and evaluate emergency preparedness and response plans 
        and operational procedures;
            ``(8) developing and conducting training programs for 
        security guards to implement emergency preparedness and 
        response plans and operations procedures; and
            ``(9) developing procedures to respond to external requests 
        for information from the media and the public.
    ``(c) Standards.--
            ``(1) In general.--The Secretary shall support the 
        development of, promulgate, and regularly update as necessary 
        national voluntary consensus standards for private sector 
        emergency preparedness that will enable private sector 
        organizations to achieve optimal levels of emergency 
        preparedness as soon as practicable. Such standards include the 
        National Fire Protection Association 1600 Standard on Disaster/
        Emergency Management and Business Continuity Programs.
            ``(2) Consultation.--The Secretary shall carry out 
        paragraph (1) in consultation with the Under Secretary for 
        Emergency Preparedness and Response, the Under Secretary for 
        Science and Technology, the Under Secretary for Information 
        Analysis and Infrastructure Protection, and the Special 
        Assistant to the Secretary for the Private Sector.
    ``(d) Coordination.--The Secretary shall coordinate the program 
with, and utilize to the maximum extent practicable
            ``(1) the voluntary standards for disaster and emergency 
        management and business continuity programs developed by the 
        American National Standards Institute and the National Fire 
        Protection Association; and
            ``(2) any existing private sector emergency preparedness 
        guidance or best practices developed by private sector industry 
        associations or other organizations.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of such Act (116 Stat. 2135) is amended by inserting after 
the item relating to section 509 the following:

``Sec. 510. Private sector emergency preparedness program.''.

                TITLE IX--INCREASING INFORMATION SHARING

SEC. 165. INFORMATION SHARING.

    (a) Definitions.--In this section:
            (1) Executive council.--The term ``Executive Council'' 
        means the Executive Council on Information Sharing established 
        under subsection (h).
            (2) Homeland security information.--The term ``homeland 
        security information'' means all information, whether 
        collected, produced, or distributed by intelligence, law 
        enforcement, military, homeland security, or other activities 
        relating to--
                    (A) the existence, organization, capabilities, 
                plans, intentions, vulnerabilities, means of finance or 
                material support, or activities of foreign or 
                international terrorist groups or individuals, or of 
                domestic groups or individuals involved in 
                transnational terrorism;
                    (B) threats posed by such groups or individuals to 
                the United States, United States persons, or United 
                States interests, or to those of other nations;
                    (C) communications of or by such groups or 
                individuals; or
                    (D) groups or individuals reasonably believed to be 
                assisting or associated with such groups or 
                individuals.
            (3) Network.--The term ``Network'' means the Information 
        Sharing Network described under subsection (c).
    (b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks upon the United States, Congress makes 
the following findings:
            (1) The effective use of information, from all available 
        sources, is essential to the fight against terror and the 
        protection of our homeland. The biggest impediment to all-
        source analysis, and to a greater likelihood of ``connecting 
        the dots'', is resistance to sharing information.
            (2) The United States Government has access to a vast 
        amount of information, including not only traditional 
        intelligence but also other government databases, such as those 
        containing customs or immigration information. However, the 
        United States Government has a weak system for processing and 
        using the information it has.
            (3) In the period preceding September 11, 2001, there were 
        instances of potentially helpful information that was available 
        but that no person knew to ask for; information that was 
        distributed only in compartmented channels, and information 
        that was requested but could not be shared.
            (4) Current security requirements nurture over-
        classification and excessive compartmentalization of 
        information among agencies. Each agency"s incentive structure 
        opposes sharing, with risks, including criminal, civil, and 
        administrative sanctions, but few rewards for sharing 
        information.
            (5) The current system, in which each intelligence agency 
        has its own security practices, requires a demonstrated ``need 
        to know'' before sharing. This approach assumes that it is 
        possible to know, in advance, who will need to use the 
        information. An outgrowth of the cold war, such a system 
        implicitly assumes that the risk of inadvertent disclosure 
        outweighs the benefits of wider sharing. Such assumptions are 
        no longer appropriate. Although counterintelligence concerns 
        are still real, the costs of not sharing information are also 
        substantial. The current ``need-to-know'' culture of 
        information protection needs to be replaced with a ``need-to-
        share'' culture of integration.
            (6) A new approach to the sharing of intelligence and 
        homeland security information is urgently needed. An important 
        conceptual model for a new ``trusted information network'' is 
        the Systemwide Homeland Analysis and Resource Exchange (SHARE) 
        Network proposed by a task force of leading professionals 
        assembled by the Markle Foundation and described in reports 
        issued in October 2002 and December 2003.
            (7) No single agency can create a meaningful information 
        sharing system on its own. Alone, each agency can only 
        modernize stovepipes, not replace them. Presidential leadership 
        is required to bring about governmentwide change.
    (c) Information Sharing Network.--
            (1) Establishment.--The President shall establish a trusted 
        information network and secure information sharing environment 
        to promote sharing of intelligence and homeland security 
        information in a manner consistent with national security and 
        the protection of privacy and civil liberties, and based on 
        clearly defined and consistently applied policies and 
        procedures, and valid investigative, analytical or operational 
        requirements.
            (2) Attributes.--The Network shall promote coordination, 
        communication and collaboration of people and information among 
        all relevant Federal departments and agencies, State, tribal, 
        and local authorities, and relevant private sector entities, 
        including owners and operators of critical infrastructure, by 
        using policy guidelines and technologies that support--
                    (A) a decentralized, distributed, and coordinated 
                environment that connects existing systems where 
                appropriate and allows users to share information among 
                agencies, between levels of government, and, as 
                appropriate, with the private sector;
                    (B) the sharing of information in a form and manner 
                that facilitates its use in analysis, investigations 
                and operations;
                    (C) building upon existing systems capabilities 
                currently in use across the Government;
                    (D) utilizing industry best practices, including 
                minimizing the centralization of data and seeking to 
                use common tools and capabilities whenever possible;
                    (E) employing an information access management 
                approach that controls access to data rather than to 
                just networks;
                    (F) facilitating the sharing of information at and 
                across all levels of security by using policy 
                guidelines and technologies that support writing 
                information that can be broadly shared;
                    (G) providing directory services for locating 
                people and information;
                    (H) incorporating protections for individuals' 
                privacy and civil liberties;
                    (I) incorporating strong mechanisms for information 
                security and privacy and civil liberties guideline 
                enforcement in order to enhance accountability and 
                facilitate oversight, including--
                            (i) multifactor authentication and access 
                        control;
                            (ii) strong encryption and data protection;
                            (iii) immutable audit capabilities;
                            (iv) automated policy enforcement;
                            (v) perpetual, automated screening for 
                        abuses of network and intrusions; and
                            (vi) uniform classification and handling 
                        procedures;
                    (J) compliance with requirements of applicable law 
                and guidance with regard to the planning, design, 
                acquisition, operation, and management of information 
                systems; and
                    (K) permitting continuous system upgrades to 
                benefit from advances in technology while preserving 
                the integrity of stored data.
    (d) Immediate Actions.--Not later than 90 days after the date of 
the enactment of this Act, the Director of the Office of Management and 
Budget, in consultation with the Executive Council, shall--
            (1) submit to the President and to Congress a description 
        of the technological, legal, and policy issues presented by the 
        creation of the Network described in subsection (c), and the 
        way in which these issues will be addressed;
            (2) establish electronic directory services to assist in 
        locating in the Federal Government intelligence and homeland 
        security information and people with relevant knowledge about 
        intelligence and homeland security information; and
            (3) conduct a review of relevant current Federal agency 
        capabilities, including--
                    (A) a baseline inventory of current Federal systems 
                that contain intelligence or homeland security 
                information;
                    (B) the money currently spent to maintain those 
                systems; and
                    (C) identification of other information that should 
                be included in the Network.
    (e) Guidelines and Requirements.--As soon as possible, but in no 
event later than 180 days after the date of the enactment of this Act, 
the President shall--
            (1) in consultation with the Executive Council, issue 
        guidelines--
                    (A) for acquiring, accessing, sharing, and using 
                information, including guidelines to ensure that 
                information is provided in its most shareable form, 
                such as by separating out data from the sources and 
                methods by which that data are obtained; and
                    (B) on classification policy and handling 
                procedures across Federal agencies, including commonly 
                accepted processing and access controls;
            (2) in consultation with the Privacy and Civil Liberties 
        Oversight Board established under section 226, that--
                    (A) protect privacy and civil liberties in the 
                development and use of the Network; and
                    (B) shall be made public, unless, and only to the 
                extent that, nondisclosure is clearly necessary to 
                protect national security; and
            (3) require the heads of Federal departments and agencies 
        to promote a culture of information sharing by--
                    (A) reducing disincentives to information sharing, 
                including overclassification of information and 
                unnecessary requirements for originator approval; and
                    (B) providing affirmative incentives for 
                information sharing, such as the incorporation of 
                information sharing performance measures into agency 
                and managerial evaluations, and employee awards for 
                promoting innovative information sharing practices.
    (f) Enterprise Architecture and Implementation Plan.--Not later 
than 270 days after the date of the enactment of this Act, the Director 
of Management and Budget shall submit to the President and to Congress 
an enterprise architecture and implementation plan for the Network. The 
enterprise architecture and implementation plan shall be prepared by 
the Director of Management and Budget, in consultation with the 
Executive Council, and shall include--
            (1) a description of the parameters of the proposed 
        Network, including functions, capabilities, and resources;
            (2) a delineation of the roles of the Federal departments 
        and agencies that will participate in the development of the 
        Network, including identification of any agency that will build 
        the infrastructure needed to operate and manage the Network (as 
        distinct from the individual agency components that are to be 
        part of the Network), with the delineation of roles to be 
        consistent with--
                    (A) the authority of the National Intelligence 
                Director under this Act to set standards for 
                information sharing and information technology 
                throughout the intelligence community; and
                    (B) the authority of the Secretary of Homeland 
                Security and the role of the Department of Homeland 
                Security in coordinating with State, tribal, and local 
                officials and the private sector;
            (3) a description of the technological requirements to 
        appropriately link and enhance existing networks and a 
        description of the system design that will meet these 
        requirements;
            (4) an enterprise architecture that--
                    (A) is consistent with applicable laws and guidance 
                with regard to planning, design, acquisition, 
                operation, and management of information systems;
                    (B) will be used to guide and define the 
                development and implementation of the Network; and
                    (C) addresses the existing and planned enterprise 
                architectures of the departments and agencies 
                participating in the Network;
            (5) a description of how privacy and civil liberties will 
        be protected throughout the design and implementation of the 
        Network;
            (6) objective, systemwide performance measures to enable 
        the assessment of progress toward achieving full implementation 
        of the Network;
            (7) a plan, including a time line, for the development and 
        phased implementation of the Network;
            (8) total budget requirements to develop and implement the 
        Network, including the estimated annual cost for each of the 5 
        years following the date of the enactment of this Act; and
            (9) proposals for any legislation that the Director of 
        Management and Budget determines necessary to implement the 
        Network.
    (g) Director of Management and Budget Responsible for Information 
Sharing Across the Federal Government.--
            (1) Additional duties and responsibilities.--
                    (A) In general.--The Director of Management and 
                Budget, in consultation with the Executive Council, 
                shall--
                            (i) implement and manage the Network;
                            (ii) develop and implement policies, 
                        procedures, guidelines, rules, and standards as 
                        appropriate to foster the development and 
                        proper operation of the Network; and
                            (iii) assist, monitor, and assess the 
                        implementation of the Network by Federal 
                        departments and agencies to ensure adequate 
                        progress, technological consistency and policy 
                        compliance; and regularly report the findings 
                        to the President and to Congress.
                    (B) Content of policies, procedures, guidelines, 
                rules, and standards.--The policies, procedures, 
                guidelines, rules, and standards under subparagraph 
                (A)(ii) shall--
                            (i) take into account the varying missions 
                        and security requirements of agencies 
                        participating in the Network;
                            (ii) address development, implementation, 
                        and oversight of technical standards and 
                        requirements;
                            (iii) address and facilitate information 
                        sharing between and among departments and 
                        agencies of the intelligence community, the 
                        Department of Defense, the homeland security 
                        community and the law enforcement community;
                            (iv) address and facilitate information 
                        sharing between Federal departments and 
                        agencies and State, tribal and local 
                        governments;
                            (v) address and facilitate, as appropriate, 
                        information sharing between Federal departments 
                        and agencies and the private sector;
                            (vi) address and facilitate, as 
                        appropriate, information sharing between 
                        Federal departments and agencies with foreign 
                        partners and allies; and
                            (vii) ensure the protection of privacy and 
                        civil liberties.
            (2) Appointment of principal officer.--Not later than 30 
        days after the date of the enactment of this Act, the Director 
        of Management and Budget shall appoint, with approval of the 
        President, a principal officer in the Office of Management and 
        Budget whose primary responsibility shall be to carry out the 
        day-to-day duties of the Director specified in this section. 
        The officer shall report directly to the Director of Management 
        and Budget, have the rank of a Deputy Director and shall be 
        paid at the rate of pay payable for a position at level III of 
        the Executive Schedule under section 5314 of title 5, United 
        States Code.
    (h) Executive Council on Information Sharing.--
            (1) Establishment.--There is established an Executive 
        Council on Information Sharing that shall assist the Director 
        of Management and Budget in the execution of the Director's 
        duties under this Act concerning information sharing.
            (2) Membership.--The members of the Executive Council shall 
        be--
                    (A) the Director of Management and Budget, who 
                shall serve as Chairman of the Executive Council;
                    (B) the Secretary of Homeland Security or his 
                designee;
                    (C) the Secretary of Defense or his designee;
                    (D) the Attorney General or his designee;
                    (E) the Secretary of State or his designee;
                    (F) the Director of the Federal Bureau of 
                Investigation or his designee;
                    (G) the National Intelligence Director or his 
                designee;
                    (H) such other Federal officials as the President 
                shall designate;
                    (I) representatives of State, tribal, and local 
                governments, to be appointed by the President; and
                    (J) individuals who are employed in private 
                businesses or nonprofit organizations that own or 
                operate critical infrastructure, to be appointed by the 
                President.
            (3) Responsibilities.--The Executive Council shall assist 
        the Director of Management and Budget in--
                    (A) implementing and managing the Network;
                    (B) developing policies, procedures, guidelines, 
                rules, and standards necessary to establish and 
                implement the Network;
                    (C) ensuring there is coordination among 
                departments and agencies participating in the Network 
                in the development and implementation of the Network;
                    (D) reviewing, on an ongoing basis, policies, 
                procedures, guidelines, rules, and standards related to 
                the implementation of the Network;
                    (E) establishing a dispute resolution process to 
                resolve disagreements among departments and agencies 
                about whether particular information should be shared 
                and in what manner; and
                    (F) considering such reports as are submitted by 
                the Advisory Board on Information Sharing under 
                subsection (i)(2).
            (4) Reports.--Not later than 1 year after the date of the 
        enactment of this Act, and annually thereafter, the Director of 
        Management and Budget, in the capacity of Chair of the 
        Executive Council, shall submit a report to the President and 
        to Congress that shall include--
                    (A) a description of the activities and 
                accomplishments of the Council in the preceding year; 
                and
                    (B) the number and dates of the meetings held by 
                the Council and a list of attendees at each meeting.
            (5) Informing the public.--The Executive Council shall--
                    (A) make its reports to Congress available to the 
                public to the greatest extent that is consistent with 
                the protection of classified information and applicable 
                law; and
                    (B) otherwise inform the public of its activities, 
                as appropriate and in a manner consistent with the 
                protection of classified information and applicable 
                law.
    (i) Reports.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and semiannually thereafter, the 
        President through the Director of Management and Budget shall 
        submit a report to Congress on the state of the Network and of 
        information sharing across the Federal Government.
            (2) Content.--Each report under this subsection shall 
        include--
                    (A) a progress report on the extent to which the 
                Network has been implemented, including how the Network 
                has fared on the government-wide and agency-specific 
                performance measures and whether the performance goals 
                set in the preceding year have been met;
                    (B) objective systemwide performance goals for the 
                following year;
                    (C) an accounting of how much was spent on the 
                Network in the preceding year;
                    (D) actions taken to ensure that agencies procure 
                new technology that is consistent with the Network and 
                information on whether new systems and technology are 
                consistent with the Network;
                    (E) the extent to which, in appropriate 
                circumstances, all terrorism watch lists are available 
                for combined searching in real time through the Network 
                and whether there are consistent standards for placing 
                individuals on, and removing individuals from, the 
                watch lists, including the availability of processes 
                for correcting errors;
                    (F) the extent to which unnecessary roadblocks, 
                impediments, or disincentives to information sharing, 
                including the inappropriate use of paper-only 
                intelligence products and requirements for originator 
                approval, have been eliminated;
                    (G) the extent to which positive incentives for 
                information sharing have been implemented;
                    (H) the extent to which classified information is 
                also made available through the Network, in whole or in 
                part, in unclassified form;
                    (I) the extent to which State, tribal, and local 
                officials--
                            (i) are participating in the Network;
                            (ii) have systems which have become 
                        integrated into the Network;
                            (iii) are providing as well as receiving 
                        information; and
                            (iv) are using the Network to communicate 
                        with each other;
                    (J) the extent to which--
                            (i) private sector data, including 
                        information from owners and operators of 
                        critical infrastructure, is incorporated in the 
                        Network; and
                            (ii) the private sector is both providing 
                        and receiving information;
                    (K) where private sector data has been used by the 
                Government or has been incorporated into the Network--
                            (i) the measures taken to protect sensitive 
                        business information; and
                            (ii) where the data involves information 
                        about individuals, the measures taken to ensure 
                        the accuracy of such data;
                    (L) the measures taken by the Federal Government to 
                ensure the accuracy of other information on the Network 
                and, in particular, the accuracy of information about 
                individuals;
                    (M) an assessment of the Network``s privacy and 
                civil liberties protections, including actions taken in 
                the preceding year to implement or enforce privacy and 
                civil liberties protections and a report of complaints 
                received about interference with an individual''s 
                privacy or civil liberties; and
                    (N) an assessment of the security protections of 
                the Network.
    (j) Agency Responsibilities.--The head of each department or agency 
possessing or using intelligence or homeland security information or 
otherwise participating in the Network shall--
            (1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, rules, 
        and standards established for the Network under subsections (c) 
        and (g);
            (2) ensure the provision of adequate resources for systems 
        and activities supporting operation of and participation in the 
        Network; and
            (3) ensure full agency or department cooperation in the 
        development of the Network and associated enterprise 
        architecture to implement governmentwide information sharing, 
        and in the management and acquisition of information technology 
        consistent with applicable law.
    (k) Agency Plans and Reports.--Each Federal department or agency 
that possesses or uses intelligence and homeland security information, 
operates a system in the Network or otherwise participates, or expects 
to participate, in the Network, shall submit to the Director of 
Management and Budget--
            (1) not later than 1 year after the date of the enactment 
        of this Act, a report including--
                    (A) a strategic plan for implementation of the 
                Network's requirements within the department or agency;
                    (B) objective performance measures to assess the 
                progress and adequacy of the department or agency's 
                information sharing efforts; and
                    (C) budgetary requirements to integrate the agency 
                into the Network, including projected annual 
                expenditures for each of the following 5 years 
                following the submission of the report; and
            (2) annually thereafter, reports including--
                    (A) an assessment of the progress of the department 
                or agency in complying with the Network's requirements, 
                including how well the agency has performed on the 
                objective measures developed under paragraph (1)(B);
                    (B) the agency's expenditures to implement and 
                comply with the Network's requirements in the preceding 
                year; and
                    (C) the agency's or department's plans for further 
                implementation of the Network in the year following the 
                submission of the report.
    (l) Periodic Assessments.--
            (1) Comptroller general.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, and periodically 
                thereafter, the Comptroller General shall evaluate the 
                implementation of the Network, both generally and, at 
                the discretion of the Comptroller General, within 
                specific departments and agencies, to determine the 
                extent of compliance with the Network's requirements 
                and to assess the effectiveness of the Network in 
                improving information sharing and collaboration and in 
                protecting privacy and civil liberties, and shall 
                report to Congress on the findings of the Comptroller 
                General.
                    (B) Information available to the comptroller 
                general.--Upon request by the Comptroller General, 
                information relevant to an evaluation under subsection 
                (a) shall be made available to the Comptroller General 
                under section 716 of title 31, United States Code.
                    (C) Consultation with congressional committees.--If 
                a record is not made available to the Comptroller 
                General within a reasonable time, before the 
                Comptroller General files a report under section 
                716(b)(1) of title 31, United States Code, the 
                Comptroller General shall consult with the Select 
                Committee on Intelligence of the Senate, the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives, the Committee on Governmental Affairs 
                of the Senate, and the Committee on Government Reform 
                of the House of Representatives concerning the 
                Comptroller's intent to file a report.
            (2) Inspectors general.--The Inspector General in any 
        Federal department or agency that possesses or uses 
        intelligence or homeland security information or that otherwise 
        participates in the Network shall, at the discretion of the 
        Inspector General--
                    (A) conduct audits or investigations to--
                            (i) determine the compliance of that 
                        department or agency with the Network's 
                        requirements; and
                            (ii) assess the effectiveness of that 
                        department or agency in improving information 
                        sharing and collaboration and in protecting 
                        privacy and civil liberties; and
                    (B) issue reports on such audits and 
                investigations.
            (3) Chief privacy officers.--The Chief Privacy Officers 
        established under section 5092 in any Federal department or 
        agency that possesses or uses intelligence or homeland security 
        information or that otherwise participates in the Network 
        shall, at the discretion of the Chief Privacy Officer--
                    (A) conduct audits or investigations to ensure that 
                the network, or the use of the network by that 
                department or agency, does not erode privacy 
                protections; and
                    (B) issue reports on such audits and 
                investigations.
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $50,000,000 to the Director of Management and Budget to 
        carry out this section for fiscal year 2005; and
            (2) such sums as are necessary to carry out this section in 
        each fiscal year thereafter, to be disbursed and allocated in 
        accordance with the Network implementation plan required by 
        subsection (f).
    (n) Section 1017.--Section 1017 of this Act shall have no force or 
effect.

              TITLE X--PROTECTING CRITICAL INFRASTRUCTURE

SEC. 171. CRITICAL INFRASTRUCTURE EVALUATION AND PRIORITIZATION 
              PROGRAM.

    (a) Program.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
develop, in cooperation with other relevant Federal agencies, State and 
local governments, and the private sector, as appropriate, a 
prioritized list of national critical infrastructure and key assets, 
based on the degree to which destruction or significant disruption of 
such infrastructure or assets would result in--
            (1) substantial human casualties;
            (2) a substantial adverse impact on the national economy; 
        or
            (3) a substantial adverse impact on national security.
    (b) Security Plan.--
            (1) Requirement.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary, in coordination with 
        other relevant Federal agencies, State and local governments, 
        and the private sector, as appropriate, shall--
                    (A) review existing plans for securing the critical 
                infrastructure and key assets included in the list 
                under subsection (a);
                    (B) recommend changes to existing plans and develop 
                additional plans for securing such infrastructure and 
                assets that the Secretary determines necessary; and
                    (C) coordinate or contribute to protective efforts 
                of other agencies as directed in Homeland Security 
                Presidential Directive 7.
            (2) Contents of plans.--Recommendations under paragraph (1) 
        shall include--
                    (A) recommendations on necessary protective 
                measures to secure such infrastructure and assets, 
                including suggested milestones and timeframes for 
                implementation; and
                    (B) to the extent practicable, performance measures 
                to evaluate the benefits to national and economic 
                security from the implementation of such protective 
                measures.
    (c) Implementation Report.--
            (1) In general.--Within one year after the date of the 
        enactment of this Act, the Secretary shall submit a report to 
        the appropriate congressional committees (as that term is 
        defined in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101)) on the implementation of subsection (b). Such 
        report shall detail--
                    (A) the Secretary's review, development, and 
                coordination of security plans under such subsection; 
                and
                    (B) the Secretary's oversight of the execution and 
                effectiveness of such security plans
            (2) Update.--The Secretary shall provide an updated report 
        under this subsection to the appropriate congressional 
        committees one year after the submission of the report under 
        paragraph (1).
    (d) Protection of Information.--Information that is generated, 
compiled, or disseminated by the Department of Homeland Security in 
carrying out this section--
            (1) is exempt from disclosure under section 552 of title 5, 
        United States Code; and
            (2) shall not, if provided by the Department to a State or 
        local government or government agency--
                    (A) be made available pursuant to any State or 
                local law requiring disclosure of information or 
                records;
                    (B) otherwise be disclosed or distributed to any 
                person by such State or local government or government 
                agency without the written consent of the Secretary; or
                    (C) be used other than for the purpose of 
                protecting critical infrastructure or protected 
                systems, or in furtherance of an investigation or the 
                prosecution of a criminal act.

SEC. 172. DEADLINE FOR COMPREHENSIVE NATIONAL PLAN TO SECURE CRITICAL 
              INFRASTRUCTURE AND KEY ASSETS.

    Within one year after the date of the enactment of this Act, the 
Secretary of Homeland Security shall develop a comprehensive national 
plan for securing critical infrastructure and key assets and recommend 
protective measures for such infrastructures and assets, as required by 
paragraphs (5) and (6) of subsection 201(d) of the Homeland Security 
Act of 2002 (6 U.S.C. 121(d)).

SEC. 173. REGULATORY AUTHORITY.

    (a) In General.--The Secretary of Homeland Security may promulgate 
such regulations as the Secretary determines to be necessary to enhance 
protection of critical infrastructure in accordance with the plans 
developed under the sections _171 and _172 of this Act and the 
requirements of paragraphs (5) and (6) of section 201(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 121(d)).
    (b) Conforming Amendment.--Section 877(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 457(a)) is amended by inserting ``paragraphs (5) 
and (6) of section 201(d) and'' after ``Except as otherwise provided 
in''.

SEC. 174. BEST PRACTICES.

    Within one year after the date of the enactment of this Act, the 
Secretary of Homeland Security shall--
            (1) develop, in collaboration with the heads of other 
        appropriate Federal agencies and in consultation with the 
        private sector, security-related best practices for each 
        critical infrastructure sector identified by the President;
            (2) ensure the broad dissemination of such best practices 
        to appropriate public and private sector entities and 
        authorities; and
            (3) encourage the adoption of such best practices by such 
        entities and authorities.

                TITLE XI--DEFENDING AGAINST BIOTERRORISM

                Subtitle A--National Biodefense Strategy

SEC. 181. NATIONAL BIODEFENSE STRATEGY.

    (a) Strategy.--
            (1) In general.--Consistent with the provisions of section 
        505 of the Homeland Security Act of 2002 (6 U.S.C. 315) and 
        subsections (a) and (b) of section 304 of such Act (6 U.S.C. 
        184), the Secretary of Homeland Security, in consultation with 
        the heads of other appropriate Federal agencies, shall develop 
        a comprehensive national biodefense strategy (in this section 
        referred to as the ``biodefense strategy'') for meeting the 
        requirements, responsibilities, and authorities of the Homeland 
        Security Act of 2002 (6 U.S.C. 101 et seq.), including sections 
        201(d)(1), 302(2), and 502(3) of such Act, with respect to the 
        biodefense mission of the Department.
            (2) Deadlines.--The Secretary shall
                    (A) develop the biodefense strategy not later than 
                one year after the date of the enactment of this Act; 
                and
                    (B) regularly update such strategy as necessary, 
                but not less than every four years.
    (b) Contents.--The biodefense strategy shall set forth the 
following:
            (1) The objectives, missions, and priorities, including how 
        such objectives, missions, and priorities were established and 
        will be updated.
            (2) A description of the biological threats to and 
        vulnerabilities of the Nation, including a prioritization of 
        such threats in terms of risk.
            (3) A specification of each Federal agency with research 
        and development responsibilities regarding such objectives, 
        missions, and priorities, and a description of such 
        responsibilities.
            (4) A specification of each Federal agency with other 
        responsibilities regarding such objectives, missions, and 
        priorities (including surveillance, threat and risk analysis, 
        and incident response), and a description of such 
        responsibilities.
            (5) The mechanisms by which coordination among the Federal 
        agencies described in paragraphs (3) and (4) will be achieved.
            (6) The role of State and local governments and private 
        sector institutions in the biodefense strategy, as identified 
        by the Federal agencies described in paragraphs (3) and (4) 
        with the responsibility and mission to coordinate and 
        communicate with State and local governments and private sector 
        institutions.
            (7) The mechanisms by which the Federal agencies referred 
        to in paragraph (6) coordinate and communicate with State and 
        local governments and private sector institutions.
            (8) Performance benchmarks to measure progress in achieving 
        the objectives of the biodefense strategy, including a 
        specification of expected timeframes for implementation.
    (c) Other Agency Responsibilities.--The Secretary shall obtain the 
concurrence of the relevant Federal agency head with respect to such 
other agency's responsibilities or activities covered by this section.
    (d) Submission.--Upon its completion, the Secretary shall transmit 
a copy of the biodefense strategy to the Congress in an unclassified 
form with a classified annex as appropriate.

           Subtitle B--Development of Medical Countermeasures

SEC. 184. SHORT TITLE.

    This subtitle may be cited as the ``Rapid Pathogen Identification 
to Delivery of Cures Act''.

SEC. 185. FINDINGS AND POLICY.

    (a) Findings.--The Congress finds as follows:
            (1) The possibility exists today that terrorists or others 
        who intend harm to United States forces deployed abroad or to 
        the homeland will use techniques in biotechnology to enhance 
        the transmissibility, stability, virulence, or host range of a 
        biological agent, or to render existing diagnostic, 
        therapeutic, and vaccine strategies or innate immune responses 
        against a biological agent less effective.
            (2) This possibility will likely grow over time as such 
        techniques develop, improve, and spread as an inevitable result 
        of biotechnology innovation.
            (3) Natural processes can also lead to the emergence of 
        previously unknown and harmful pathogens or render known 
        pathogens resistant to existing diagnostic, therapeutic, or 
        adaptive immune approaches.
            (4) Long delays in developing new and effective responses 
        to pathogens are typical. The discovery, development, and 
        approval process for new drugs and vaccines typically requires 
        10 to 20 years and costs an average of $800 million. These 
        constraints reflect the long, costly research and development 
        process, including the failure of most drug or vaccine 
        candidates to demonstrate favorable characteristics in pre-
        clinical testing, as well as the expensive, time-consuming 
        clinical trials required to prove the safety and effectiveness 
        of new treatments.
            (5) Congress has already authorized the abridgement of the 
        long testing and approval process required to ensure safety and 
        efficacy under the emergency conditions of a severe outbreak of 
        a harmful pathogen. However, it will likely still take years 
        for even an experimental treatment or vaccine to become 
        available.
            (6) There is no coordinated, focused research and 
        development program or overall national strategy to achieve 
        significant and dramatic reductions in the timeframe from the 
        identification of a pathogen to the development and emergency 
        approval for human use of reasonably safe and effective new 
        biodefense medical countermeasures against a previously unknown 
        or engineered pathogen or toxin.
            (7) Even utilizing existing technologies, there is no 
        organized capability in the public or private sector to rapidly 
        screen drug candidates for potential therapeutic activity 
        against pathogens, develop and manufacture drug, biological, or 
        medical device products, or test already approved treatments 
        for efficacy against a previously unknown or engineered 
        biological threat that puts our deployed armed forces or the 
        homeland at risk.
            (8) In the area of infectious disease in particular, 
        private sector firms are abandoning all types of innovation and 
        research and development in favor of investments in more 
        profitable medical markets.
            (9) Tremendous potential exists for benefits to health by 
        concerted, targeted public-private investment to dramatically 
        reduce the timeframe for the development of new 
        countermeasures. The pharmaceutical and biotechnology 
        industries are fundamentally innovative and are quick to 
        integrate new technologies. Useful and important discoveries 
        and technological advances will be rapidly absorbed by the 
        private sector, leading to faster delivery of new medicines and 
        reductions in the costs of drug development.
    (b) Policy.--The Congress hereby declares it to be the national 
policy of the United States to promote technological advancements that 
will dramatically reduce the timeframe for the development of new 
medical countermeasures to treat or prevent disease caused by 
infectious disease agents or toxins that, through natural processes or 
intentional introduction, may pose a significant risk to public health 
now or in the future.

SEC. 186. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL 
              STRATEGY.

    Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et 
seq.) (Public Law 107-296) is amended by inserting after section 304 
the following section:

``SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL 
              STRATEGY.

    ``(a) National Strategy for Shortening the Medical Countermeasure 
Development Timeframe.--Not later than 180 days after the date of the 
enactment of the Rapid Pathogen Identification to Delivery of Cures 
Act, the Secretaries of Homeland Security, Health and Human Services, 
and Defense shall submit to Congress a report setting forth a strategy 
to achieve dramatic reductions in the timeframe from pathogen 
identification to the development and emergency approval for human use 
of reasonably safe and effective priority countermeasure against a 
novel or unknown pathogen or toxin.
    ``(b) Elements.--The report under subsection (a) shall include the 
following:
            ``(1) The identification of the technical impediments to 
        reductions in the timeframe from pathogen identification to 
        priority countermeasure development and approval under 
        emergency conditions.
            ``(2) The identification of the research, development, and 
        technology needs and clinical research needs to address these 
        impediments.
            ``(3) The identification of existing research and 
        development efforts in Federal agencies, academia and industry 
        that are addressing the needs identified in subsection (c)(2).
            ``(4) The identification of facilities, programs and 
        resources that can be utilized to address these research, 
        development, and technology needs and clinical research needs 
        among--
                    ``(A) Federal agencies;
                    ``(B) colleges and universities;
                    ``(C) not-for-profit institutions;
                    ``(D) industry, including information technology, 
                software, robotics, pharmaceutical and biotechnology 
                companies and their consortia; and
                    ``(E) foreign research and technological 
                institutions.
            ``(5) A proposal for the establishment of a coordinated and 
        integrated federal program to address these research, 
        development, and technology needs, including--
                    ``(A) the application of Federal Government 
                resources, including recommendations for the allocation 
                and prioritization of Federal funds;
                    ``(B) interagency management and coordination 
                mechanisms;
                    ``(C) the establishment of partnerships between 
                private corporations and Federal agencies or Federally 
                funded entities;
                    ``(D) information and technology sharing and 
                coordination mechanisms among public, private, 
                academic, not-for-profit, and international 
                institutions;
                    ``(E) the use of incentives to promote private 
                sector participation; and
                    ``(F) the adjustment of Federal regulatory 
                requirements to promote private sector innovation.
            ``(6) The identification of potential liability concerns 
        stemming from distribution of rapidly-developed priority 
        countermeasures under emergency conditions and a proposal for 
        regulatory or legislative approaches to eliminating these 
        concerns.
            ``(7) A proposal for managing the transfer of new 
        technologies and associated intellectual property rights.
    ``(c) Considerations.--In developing the national strategy under 
subsection (a), the Secretaries shall consider--
            ``(1) The research, development, and technology needs and 
        clinical research needs of the entire pathogen identification 
        to priority countermeasures discovery, development, production, 
        and Approval process, including--
                    ``(A) initial identification and characterization 
                of a pathogen or toxin, including the identification of 
                any genetic or other manipulations;
                    ``(B) priority countermeasures discovery;
                    ``(C) pre-clinical testing and evaluation of 
                priority countermeasures;
                    ``(D) safety and efficacy animal testing, including 
                the needs for approval under emergency conditions and 
                accelerated approval of new priority countermeasure 
                under the final rule `New Drug and Biological Drug 
                Products; Evidence Needed to Demonstrate Effectiveness 
                of New Drugs When Human Efficacy Studies Are Not 
                Ethical or Feasible' published in the Federal Register 
                on May 31, 2002 (67 Fed. Reg. 37988);
                    ``(E) safety and efficacy human testing, including 
                mechanisms for the conduct of clinical trials under 
                emergency conditions;
                    ``(F) research-scale and full production-scale 
                manufacturing, including biologics manufacturing 
                sciences; and
                    ``(G) the approval of priority countermeasure under 
                emergency conditions;
            ``(2) the potential importance of advanced technologies 
        such as automation, computer modeling and simulation, 
        bioinformatics, pharmacogenomics, and bioengineering techniques 
        for manufacturing;
            ``(3) the availability of sufficient manufacturing capacity 
        for priority countermeasures production to meet potential 
        public demand under emergency conditions; and
            ``(4) the current state of national and international 
        collaborative research networks and applications to facilitate 
        and encourage the rapid and coordinated development and sharing 
        of laboratory and clinical research planning and results.
    ``(d) Authority to Contract.--The Secretary of Homeland Security, 
after consultation with the Secretaries of Health and Human Services 
and Defense and the working group established under section 319F(a) of 
the Public Health Service Act, may contract with any one or more for-
profit or non-profit firm or institution to conduct the necessary 
research and analysis needed to complete any one or more of the 
elements described in subsection (b) of the report required in this 
section, provided the considerations described in subsection (c) are 
met.
    ``(e) Definitions.--In this section:
            ``(1) The term `emergency conditions' refers to a 
        declaration of emergency under section 564 of the Federal Food, 
        Drug, and Cosmetic Act.
            ``(2) The term `pathogen identification' means the point in 
        time in which a specific agent that can be reasonably assumed 
        to be the cause of (or has the potential to be the cause of) an 
        infectious disease or toxin-induced syndrome has been 
        identified and partially or wholly characterized 
        scientifically.
            ``(3) The term `priority countermeasure' has the same 
        meaning given such term in section 319F(h) of the Public Health 
        Service Act.
    ``(f) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $10,000,000 
for fiscal year 2005.''.

SEC. 187. CLINICAL RESEARCH UNDER EMERGENCY CONDITIONS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
establish a system for the rapid establishment of clinical research 
programs to examine the safety and efficacy of new or existing 
treatments for novel, unknown, or bioengineered pathogens or toxins. 
The Secretary shall also provide the means for rapid dissemination of 
results and recommendations to clinicians nationwide.
    (b) Emergency Fund.--A fund is authorized to be established for 
use, at the discretion of the Secretary, solely for the support of 
clinical research as described in subsection (a).

SEC. 188. INTERAGENCY WORKING GROUP.

    Section 319F(a) of the Public Health Service Act, as amended by 
Public Law 107-188, is amended--
            (1) by inserting ``the Secretary of Homeland Security,'' 
        after ``in coordination with the'';
            (2) by redesignating subparagraphs (D) through (L) as 
        subparagraphs (E) through (M), respectively; and
            (3) by inserting after subparagraph (C) the following 
        subparagraph:
                    ``(D) development of a national strategy to achieve 
                dramatic reductions in the timeframe from the 
                identification of a pathogen to the development and 
                approval for human use under emergency conditions of 
                priority countermeasures against a novel, unknown, or 
                engineered pathogen or toxin;''.

SEC. 189. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE 
              DEVELOPMENT.

    (a) Research.--Section 319F(h)(1) of the Public Health Service Act, 
as amended by Public Law 107-188, is amended
            (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following 
        subparagraph:
                    ``(D) the development of a capability to rapidly 
                identify, develop, produce, and approve for human use 
                under emergency conditions priority countermeasures 
                against a novel, unknown, or engineered pathogen or 
                toxin; and''.
    (b) Research and Development at the Department of Defense.--Section 
1601(a) of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108-136) is amended by adding at the end the following: 
``The program shall also include research, development, and procurement 
to provide the Federal Government with the capability to rapidly 
identify, develop, produce, and approve for human use under emergency 
conditions priority countermeasures against a novel, unknown, or 
engineered pathogen or toxin, and for which no existing countermeasure 
has been determined to be safe or efficacious.''.
    (c) Research and Development at the Department of Homeland 
Security.--Title III of the Homeland Security Act of 2002, as amended 
by section 186 of this Act, is amended by inserting after section 304A 
the following section:

``SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE 
              COUNTERMEASURE DEVELOPMENT.

    ``The Secretary, in collaboration with the Secretaries of Defense 
and Health and Human Services, shall carry out a program for research, 
development, and procurement to provide the Federal Government with the 
capability to rapidly identify, develop, produce, and approve for human 
use under emergency conditions priority countermeasures against a 
novel, unknown, or engineered pathogen or toxin, and for which no 
existing countermeasure has been determined to be safe or 
efficacious.''.

                TITLE XII--CHEMICAL SECURITY IMPROVEMENT

SEC. 191. SHORT TITLE.

    This title may be cited as the ``Chemical Security Improvement Act 
of 2004''.

SEC. 192. DEFINITIONS.

    In this title:
            (1) Alternative approaches.--The term ``alternative 
        approach'' means an approach that significantly reduces or 
        eliminates the threat or consequences of a terrorist release 
        from a chemical source, including an approach that--
                    (A) uses smaller quantities, nonhazardous forms, or 
                less hazardous forms of dangerous substances;
                    (B) replaces a dangerous substance with a 
                nonhazardous or less hazardous substance; or
                    (C) uses nonhazardous or less hazardous conditions 
                or processes.
            (2) Chemical source.--The term ``chemical source'' means a 
        non-Federal facility listed by the Secretary under section 
        193(e) as a chemical source.
            (3) Dangerous substance.--The term ``dangerous substance'' 
        means a substance present at a chemical source that--
                    (A) can cause death, injury, or serious adverse 
                effects to human health or the environment; or
                    (B) could harm critical infrastructure or national 
                security.
            (4) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (5) Environment.--The term ``environment'' means--
                    (A) the navigable waters, the waters of the 
                contiguous zone, and the ocean waters of which the 
                natural resources are under the exclusive management 
                authority of the United States; and
                    (B) any other surface water, ground water, drinking 
                water supply, land surface or subsurface strata, or 
                ambient air within the United States or under the 
                jurisdiction of the United States.
            (6) Full consideration.--The term ``full consideration'' 
        includes an analysis of--
                    (A) alternative approaches, including the benefits 
                and risks of such approaches;
                    (B) the potential of the alternative approaches to 
                prevent or reduce the threat or consequences of a 
                terrorist release;
                    (C) the cost and technical feasibility of 
                alternative approaches; and
                    (D) the effect of alternative approaches on product 
                quality, product cost, and employee safety.
            (7) Owner or operator.--The term ``owner or operator'' 
        means any person who owns, leases, operates, controls, or 
        supervises a chemical source.
            (8) Release.--The term ``release'' means any spilling, 
        leaking, pumping, pouring, emitting, emptying, discharging, 
        injecting, escaping, leaching, dumping, or disposing into the 
        environment (including the abandonment or discarding of 
        barrels, containers, and other closed receptacles containing 
        any hazardous substance or pollutant or contaminant), but 
        excludes--
                    (A) any release which results in exposure to 
                persons solely within a workplace, with respect to a 
                claim which such persons may assert against the 
                employer of such persons;
                    (B) emissions from the engine exhaust of a motor 
                vehicle, rolling stock, aircraft, vessel, or pipeline 
                pumping station engine; or
                    (C) the normal application of fertilizer.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (10) Security measure.--
                    (A) In general.--The term ``security measure'' 
                means an action carried out to ensure or enhance the 
                security of a chemical source.
                    (B) Inclusions.--The term ``security measure'', 
                with respect to a chemical source, includes measures 
                such as--
                            (i) employee training and background 
                        checks;
                            (ii) the limitation and prevention of 
                        access to controls of the chemical source;
                            (iii) the protection of the perimeter of 
                        the chemical source, including the deployment 
                        of armed physical security personnel;
                            (iv) the installation and operation of 
                        intrusion detection sensors;
                            (v) the implementation of measures to 
                        increase computer or computer network security;
                            (vi) the installation of measures to 
                        protect against long-range weapons;
                            (vii) the installation of measures and 
                        controls to protect against or reduce the 
                        consequences of a terrorist attack; and
                            (viii) the implementation of any other 
                        security-related measures or the conduct of any 
                        similar security-related activity, as 
                        determined by the Secretary.
            (11) Terrorism.--The term ``terrorism'' has the meaning 
        given to that term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101).
            (12) Terrorist release.--The term ``terrorist release'' 
        means--
                    (A) a release from a chemical source into the 
                environment of a dangerous substance that is caused by 
                an act of terrorism; and
                    (B) the theft of a dangerous substance by a person 
                for off-site release in furtherance of an act of 
                terrorism.

SEC. 193. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

    (a) Requirement.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this subtitle, the Secretary shall promulgate 
        regulations that--
                    (A) require the owner or operator of each chemical 
                source--
                            (i) to conduct an assessment of the 
                        vulnerability of the chemical source to a 
                        terrorist release; and
                            (ii) to prepare and implement a site 
                        security plan that addresses the results of the 
                        vulnerability assessment; and
                    (B) establish procedures, protocols, and standards 
                for vulnerability assessments and site security plans.
            (2) Contents of vulnerability assessment.--A vulnerability 
        assessment required under the regulations promulgated under 
        paragraph (1) or any assessment determined substantially 
        equivalent by the Secretary under subsection (c) shall include 
        the identification and evaluation of--
                    (A) critical assets and infrastructures;
                    (B) hazards that may result from a terrorist 
                release; and
                    (C) weaknesses in--
                            (i) physical security;
                            (ii) structural integrity of containment, 
                        processing, and other critical infrastructure;
                            (iii) protection systems;
                            (iv) procedural and employment policies;
                            (v) communication systems;
                            (vi) transportation infrastructure in the 
                        proximity of the chemical source;
                            (vii) utilities;
                            (viii) contingency response; and
                            (ix) other areas as determined by the 
                        Secretary.
            (3) Contents of site security plan.--A site security plan 
        required under the regulations promulgated under paragraph (1) 
        or any plan submitted to the Secretary under subsection (c)--
                    (A) shall include security measures to 
                significantly reduce the vulnerability of the chemical 
                source covered by the plan to a terrorist release;
                    (B) shall describe, at a minimum, particular 
                equipment, plans, and procedures that could be 
                implemented or used by or at the chemical source in the 
                event of a terrorist release;
                    (C) shall include full consideration and, where 
                practicable in the judgment of the owner or operator of 
                the chemical source, implementation of options to 
                reduce the threat of a terrorist release through the 
                use of alternative approaches; and
                    (D) shall be developed in consultation with local 
                law enforcement and first responders.
            (4) Security exercises.--Not later than 1 year after the 
        date of the enactment of this subtitle, the Secretary shall 
        promulgate regulations establishing procedures, protocols, and 
        standards for the conduct of security exercises, including--
                    (A) the performance of force-on-force exercises 
                that--
                            (i) involve physical security personnel 
                        employed by the owner or operator of the 
                        chemical source to act as the force designated 
                        to defend the facility;
                            (ii) involve personnel designated by the 
                        Secretary to act as the force designated to 
                        simulate a terrorist attempt to attack the 
                        chemical source to cause a terrorist release;
                            (iii) are designed, overseen, and evaluated 
                        by the Department; and
                            (iv) are conducted at least once every 3 
                        years; and
                    (B) the performance of all other such exercises at 
                periodic intervals necessary to ensure the optimal 
                performance of security measures.
            (5) Guidance to small entities.--Not later than 1 year 
        after the date of the enactment of this Act, the Secretary 
        shall publish guidance to assist small entities in complying 
        with paragraphs (2) and (3).
            (6) Threat information.--To the maximum extent practicable 
        under applicable authority and in the interests of national 
        security, the Secretary shall provide to an owner or operator 
        of a chemical source required to prepare a vulnerability 
        assessment and site security plan threat information that is 
        relevant to the chemical source.
            (7) Coordinated assessments and plans.--The regulations 
        promulgated under paragraph (1) shall permit the development 
        and implementation of coordinated vulnerability assessments and 
        site security plans in any case in which more than 1 chemical 
        source is operating at a single location or at contiguous 
        locations, including cases in which a chemical source is under 
        the control of more than 1 owner or operator.
    (b) Certification and Submission.--
            (1) In general.--Except as provided in subsection (c), each 
        owner or operator of a chemical source shall certify in writing 
        to the Secretary that the owner or operator has completed a 
        vulnerability assessment and has developed and implemented (or 
        is implementing) a site security plan in accordance with this 
        title, including--
                    (A) regulations promulgated under subsection 
                (a)(1); and
                    (B) any existing vulnerability assessment or 
                security plan endorsed by the Secretary under 
                subsection (c)(1).
            (2) Submission.--
                    (A) In general.--Not later than 18 months after the 
                date of the promulgation of regulations under 
                subsection (a)(1), an owner or operator of a chemical 
                source shall provide to the Secretary copies of the 
                vulnerability assessment and site security plan of the 
                chemical source for review.
                    (B) Certification.--
                            (i) In general.--Not later than 2 years 
                        after the date on which the Secretary receives 
                        copies of the vulnerability assessment and site 
                        security plan of a chemical source under 
                        subparagraph (A), the Secretary shall determine 
                        whether the chemical source is in compliance 
                        with the requirements of this title, 
                        including--
                                    (I) paragraph (1);
                                    (II) regulations promulgated under 
                                subsections (a)(1) and (a)(3); and
                                    (III) any existing vulnerability 
                                assessment or site security plan 
                                endorsed by the Secretary under 
                                subsection (c)(1).
                            (ii) Certificate.--If the Secretary 
                        determines that the chemical source is in 
                        compliance with the requirements of this title, 
                        the Secretary shall provide to the chemical 
                        source and make available for public inspection 
                        a certificate of approval that contains the 
                        following statement (in which statement the 
                        bracketed space shall be the name of the 
                        chemical source): ``[____] is in compliance 
                        with the Chemical Security Improvement Act of 
                        2004.''.
                            (iii) Determination of noncompliance.--If 
                        the Secretary determines under clause (i) that 
                        a chemical source is not in compliance with the 
                        requirements of this title, the Secretary shall 
                        exercise the authority provided in section 195.
                            (iv) Report to congress.--Not later than 1 
                        year after the promulgation of regulations in 
                        subsection (a)(1) and for every year 
                        afterwards, the Secretary shall submit to the 
                        Congress a report outlining the number of 
                        facilities that have provided vulnerability 
                        assessments and site security plans to the 
                        Secretary, what portion of these submissions 
                        have been reviewed by the Secretary, and what 
                        portion of these submissions are in compliance 
                        with clause (i).
            (3) Oversight.--
                    (A) In general.--The Secretary shall, at such times 
                and places as the Secretary determines to be 
                appropriate, conduct or require the conduct of 
                vulnerability assessments and other activities 
                (including qualified third-party audits) to ensure and 
                evaluate compliance with this title (including 
                regulations promulgated under subsection (a)(1) and 
                (c)(1)).
                    (B) Right of entry.--In carrying out this title, 
                the Secretary (or a designee), on presentation of 
                credentials, shall have a right of entry to, on, or 
                through any premises of an owner or operator of a 
                chemical source.
                    (C) Requests for records.--In carrying out this 
                title, the Secretary (or a designee) may require the 
                submission of, or, on presentation of credentials, may 
                at reasonable times seek access to and copy any 
                documentation necessary for--
                            (i) review or analysis of a vulnerability 
                        assessment or site security plan; or
                            (ii) implementation of a site security 
                        plan.
                    (D) Compliance.--If the Secretary determines that 
                an owner or operator of a chemical source is not 
                maintaining, producing, or permitting access to the 
                premises of a chemical source or records as required by 
                this paragraph, the Secretary may issue an order 
                requiring compliance with the relevant provisions of 
                this section.
                    (E) Qualified third-party audits.--The Secretary 
                shall establish standards as to the qualifications of 
                third-party auditors. Such standards shall ensure the 
                qualifications of the third-party auditor provide 
                sufficient expertise in--
                            (i) chemical site security vulnerabilities;
                            (ii) chemical site security measures; and
                            (iv) such other areas as the Secretary 
                        determines to be appropriate and necessary.
            (4) Submission of changes.--The owner or operator of a 
        chemical source shall provide to the Secretary a description of 
        any significant change that is made to the vulnerability 
        assessment or site security plan required for the chemical 
        source under this section, not later than 90 days after the 
        date the change is made.
    (c) Existing Vulnerability Assessments and Security Plans.--Upon 
submission of a petition by an owner or operator of a chemical source 
to the Secretary in conjunction with a submission under subsection 
(b)(2)(A), the Secretary--
            (1) may endorse any vulnerability assessment or security 
        plan--
                    (A) that was conducted, developed, or required by--
                            (i) industry;
                            (ii) State or local authorities; or
                            (iii) other applicable law;
                    (B) that was conducted before, on, or after the 
                date of enactment of this title; and
                    (C) the contents of which the Secretary determines 
                meet the standards established under the requirements 
                of subsections (a)(1), (a)(2), and (a)(3); and
            (2) may make an endorsement of an existing vulnerability 
        assessment or security plan under paragraph (1) contingent on 
        modification of the vulnerability assessment or security plan 
        to address--
                    (A) a particular threat or type of threat; or
                    (B) a requirement under (a)(2) or (a)(3).
    (d) Regulatory Criteria.--In exercising the authority under 
subsections (a), (b), (c), or (e) with respect to a chemical source, 
the Secretary shall consider--
            (1) the likelihood that a chemical source will be the 
        target of terrorism;
            (2) the potential extent of death, injury, or serious 
        adverse effects to human health or the environment that would 
        result from a terrorist release;
            (3) the potential harm to critical infrastructure and 
        national security from a terrorist release; and
            (4) such other security-related factors as the Secretary 
        determines to be appropriate and necessary to protect the 
        public health and welfare, critical infrastructure, and 
        national security.
    (e) List of Chemical Sources.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this title, the Secretary shall develop a list 
        of chemical sources in existence as of that date.
            (2) Considerations.--In developing the list under paragraph 
        (1), the Secretary shall take into consideration the criteria 
        specified in subsection (d).
            (3) Prioritization.--In developing the list under paragraph 
        (1), the Secretary shall determine the potential extent of 
        death, injury, or severe adverse effects to human health that 
        would result from a terrorist release of dangerous substances 
        from a chemical source.
            (4) Scope.--In developing the list under paragraph (1), the 
        Secretary shall include at least those facilities that pose a 
        risk of potential death, injury, or severe adverse effects to 
        not fewer than 1000 individuals.
            (5) Future determinations.--Not later than 3 years after 
        the date of the promulgation of regulations under subsection 
        (a)(1), and every 3 years thereafter, the Secretary shall, 
        after considering the criteria described in subsection (d)--
                    (A) determine whether additional facilities 
                (including, as of the date of the determination, 
                facilities that are operational and facilities that 
                will become operational in the future) shall be 
                considered to be a chemical source under this title;
                    (B) determine whether any chemical source 
                identified on the most recent list under paragraph (1) 
                no longer presents a risk sufficient to justify 
                retention of classification as a chemical source under 
                this title; and
                    (C) update the list as appropriate.
    (f) 5-Year Review.--Not later than 5 years after the date of the 
certification of a vulnerability assessment and a site security plan 
under subsection (b)(1), and not less often than every 5 years 
thereafter (or on such a schedule as the Secretary may establish by 
regulation), the owner or operator of the chemical source covered by 
the vulnerability assessment or site security plan shall--
            (1) ensure the vulnerability assessment and site security 
        plan meet the most recent regulatory standards issued under 
        subsection (a)(1); and
            (2)(A) certify to the Secretary that the chemical source 
        has completed the review and implemented any modifications to 
        the site security plan; and
            (B) submit to the Secretary a description of any changes to 
        the vulnerability assessment or site security plan.
    (g) Protection of Information.--
            (1) Critical infrastructure information.--Except with 
        respect to certifications specified in subsections (b)(1), 
        (b)(2), and (f)(2)(A), vulnerability assessments and site 
        security plans obtained in accordance with this title, and all 
        information derived from those vulnerability assessments and 
        site security plans that could pose a risk to a particular 
        chemical source, shall be deemed critical infrastructure 
        information as defined in section 212 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101 et seq.), and subject to all 
        protections under sections 213 and 214 of that Act.
            (2) Exceptions to penalties.--Section 214(f) of the 
        Homeland Security Act of 2002 (6 U.S.C. 133(f)) shall not apply 
        to a person described in that section that discloses 
        information described in paragraph (1)--
                    (A) for use in any administrative or judicial 
                proceeding to impose a penalty for failure to comply 
                with a requirement of this title; or
                    (B) for the purpose of making a disclosure 
                evidencing government, owner or operator, or employee 
                activities that threaten the security of a chemical 
                source or are inconsistent with the requirements of 
                this title.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to authorize the withholding of information from 
        members of Congress acting in their official capacity.

SEC. 194. WHISTLEBLOWER PROTECTION.

    (a) In General.--No person employed at a chemical source may be 
discharged, demoted, suspended, threatened, harassed, or in any other 
manner discriminated against because of any lawful act done by the 
person--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the person reasonably believes constitutes a 
        violation of any law, rule or regulation related to the 
        security of the chemical source, or any other threat to the 
        security of the chemical source, when the information or 
        assistance is provided to or the investigation is conducted 
        by--
                    (A) a Federal regulatory or law enforcement agency;
                    (B) any member or committee of the Congress; or
                    (C) a person with supervisory authority over the 
                person (or such other person who has the authority to 
                investigate, discover, or terminate misconduct); or
            (2) to file, cause to be filed, testify in, participate in, 
        or otherwise assist in a proceeding or action filed or about to 
        be filed relating to a violation of any law, rule, or 
        regulation related to the security of a chemical source or any 
        other threat to the security of a chemical source; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation related to the security of chemical 
        sources.
    (b) Enforcement Action.--
            (1) In general.--A person who alleges discharge or other 
        discrimination by any person in violation of subsection (a) may 
        seek relief under subsection (c) by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary of Labor has not issued a 
                final decision within 180 days of the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49, 
                United States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 90 days 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A person prevailing in any action under 
        subsection (b)(1) shall be entitled to all relief necessary to 
        make the person whole.
            (2) Compensatory damages.--Relief for any action under 
        paragraph (1) shall include--
                    (A) reinstatement with the same seniority status 
                that the person would have had, but for the 
                discrimination;
                    (B) the amount of back pay, with interest; and
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees.
    (d) Rights Retained by Person.--Nothing in this section shall be 
deemed to diminish the rights, privileges, or remedies of any person 
under any Federal or State law, or under any collective bargaining 
agreement.

SEC. 195. ENFORCEMENT.

    (a) Failure to Comply.--If an owner or operator of a chemical 
source fails to certify or submit a vulnerability assessment or site 
security plan in accordance with this title, the Secretary may issue an 
order requiring the certification and submission of a vulnerability 
assessment or site security plan in accordance with section 193(b).
    (b) Disapproval.--The Secretary may disapprove under subsection (a) 
a vulnerability assessment or site security plan submitted under 
section 193(b) or (c) if the Secretary determines that--
            (1) the vulnerability assessment or site security plan does 
        not comply with regulations promulgated under section 
        193(a)(1), or the procedure, protocol, or standard endorsed or 
        recognized under section 193(c); or
            (2) the site security plan, or the implementation of the 
        site security plan, is insufficient to address--
                    (A) the results of a vulnerability assessment of a 
                chemical source; or
                    (B) a threat of a terrorist release.
    (c) Compliance.--If the Secretary disapproves a vulnerability 
assessment or site security plan of a chemical source under subsection 
(b), the Secretary shall--
            (1) provide the owner or operator of the chemical source a 
        written notification of the determination that includes a clear 
        explanation of deficiencies in the vulnerability assessment, 
        site security plan, or implementation of the assessment or 
        plan;
            (2) consult with the owner or operator of the chemical 
        source to identify appropriate steps to achieve compliance; and
            (3) if, following that consultation, the owner or operator 
        of the chemical source does not achieve compliance by such date 
        as the Secretary determines to be appropriate under the 
        circumstances, issue an order requiring the owner or operator 
        to correct specified deficiencies.
    (d) Protection of Information.--Any determination of disapproval or 
order made or issued under this section shall be exempt from 
disclosure--
            (1) under section 552 of title 5, United States Code;
            (2) under any State or local law providing for public 
        access to information; and
            (3) except as provided in section 193(g)(2), in any Federal 
        or State civil or administrative proceeding.

SEC. 196. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

     The Secretary--
            (1) in addition to such consultation as is required in this 
        title, shall consult with Federal agencies with relevant 
        expertise, and may request those Federal agencies to provide 
        technical and analytical support, in implementing this title; 
        and
            (2) may provide reimbursement for such technical and 
        analytical support received as the Secretary determines to be 
        appropriate.

SEC. 197. PENALTIES.

    (a) Judicial Relief.--In a civil action brought in United States 
district court, any owner or operator of a chemical source that 
violates or fails to comply with any order issued by the Secretary 
under this subtitle or a site security plan submitted to the Secretary 
under this subtitle or recognized by the Secretary, for each day on 
which the violation occurs or the failure to comply continues, may be 
subject to--
            (1) an order for injunctive relief; and
            (2) a civil penalty of not more than $50,000.
    (b) Administrative Penalties.--
            (1) Penalty orders.--The Secretary may issue an 
        administrative penalty of not more than $250,000 for failure to 
        comply with an order issued by the Secretary under this 
        subtitle.
            (2) Notice and hearing.--Before issuing an order described 
        in paragraph (1), the Secretary shall provide to the person 
        against whom the penalty is to be assessed--
                    (A) written notice of the proposed order; and
                    (B) the opportunity to request, not later than 30 
                days after the date on which the person receives the 
                notice, a hearing on the proposed order.
            (3) Procedures.--The Secretary may promulgate regulations 
        outlining the procedures for administrative hearings and 
        appropriate review under this subsection, including necessary 
        deadlines.

SEC. 198. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

    Nothing in this subtitle affects any duty or other requirement 
imposed under any other Federal or State law.

                  TITLE XIII--IMPROVING CYBERSECURITY

SEC. 201. CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Assistant Secretary for Cybersecurity, may establish, in 
conjunction with the National Science Foundation, a program to award 
grants to institutions of higher education (and consortia thereof) 
for--
            (1) the establishment or expansion of cybersecurity 
        professional development programs;
            (2) the establishment or expansion of associate degree 
        programs in cybersecurity; and
            (3) the purchase of equipment to provide training in 
        cybersecurity for either professional development programs or 
        degree programs.
    (b) Roles.--
            (1) Department of homeland security.--The Secretary, acting 
        through the Assistant Secretary for Cybersecurity and in 
        consultation with the Director of the National Science 
        Foundation, shall establish the goals for the program under 
        this section and the criteria for awarding grants under the 
        program.
            (2) National science foundation.--The Director of the 
        National Science Foundation shall operate the program 
        established under this section consistent with the goals and 
        criteria established under paragraph (1), including soliciting 
        applicants, reviewing applications, and making and 
        administering grant awards. The Director may consult with the 
        Assistant Secretary for Cybersecurity in selecting awardees.
            (3) Funding.--The Secretary shall transfer to the National 
        Science Foundation the funds necessary to carry out this 
        section.
    (c) Grant Awards.--
            (1) Peer review.--All grant awards under this section shall 
        be made on a competitive, merit reviewed basis.
            (2) Focus.--In making grant awards under this section, the 
        Director shall, to the extent practicable, ensure geographic 
        diversity and the participation of women and underrepresented 
        minorities.
            (3) Preference.--In making grant awards under this section, 
        the Director shall give preference to applications submitted by 
        consortia of institutions to encourage as many students and 
        professionals as possible to benefit from this program.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary for carrying out this section $3,700,000 
for fiscal year 2005.
    (e) Definitions.--In this section, the term institution of higher 
education has the meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)).

SEC. 202. ASSISTANT SECRETARY FOR CYBERSECURITY.

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

``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.

    ``(a) In General.--There shall be in the Directorate for 
Information Analysis and Infrastructure Protection a National 
Cybersecurity Office headed by an Assistant Secretary for Cybersecurity 
(in this section referred to as the `Assistant Secretary'), who shall 
assist the Secretary in promoting cybersecurity for the Nation.
    ``(b) General Authority.--The Assistant Secretary, subject to the 
direction and control of the Secretary, shall have primary authority 
within the Department for all cybersecurity-related critical 
infrastructure protection programs of the Department, including with 
respect to policy formulation and program management.
    ``(c) Responsibilities.--The responsibilities of the Assistant 
Secretary shall include the following:
            ``(1) To establish and manage--
                    ``(A) a national cybersecurity response system that 
                includes the ability to--
                            ``(i) analyze the effect of cybersecurity 
                        threat information on national critical 
                        infrastructure; and
                            ``(ii) aid in the detection and warning of 
                        attacks on, and in the restoration of, 
                        cybersecurity infrastructure in the aftermath 
                        of such attacks;
                    ``(B) a national cybersecurity threat and 
                vulnerability reduction program that identifies 
                cybersecurity vulnerabilities that would have a 
                national effect on critical infrastructure, performs 
                vulnerability assessments on information technologies, 
                and coordinates the mitigation of such vulnerabilities;
                    ``(C) a national cybersecurity awareness and 
                training program that promotes cybersecurity awareness 
                among the public and the private sectors and promotes 
                cybersecurity training and education programs;
                    ``(D) a government cybersecurity program to 
                coordinate and consult with Federal, State, and local 
                governments to enhance their cybersecurity programs; 
                and
                    ``(E) a national security and international 
                cybersecurity cooperation program to help foster 
                Federal efforts to enhance international cybersecurity 
                awareness and cooperation.
            ``(2) To coordinate with the private sector on the program 
        under paragraph (1) as appropriate, and to promote 
        cybersecurity information sharing, vulnerability assessment, 
        and threat warning regarding critical infrastructure.
            ``(3) To coordinate with other directorates and offices 
        within the Department on the cybersecurity aspects of their 
        missions.
            ``(4) To coordinate with the Under Secretary for Emergency 
        Preparedness and Response to ensure that the National Response 
        Plan developed pursuant to section 502(6) of the Homeland 
        Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate 
        measures for the recovery of the cybersecurity elements of 
        critical infrastructure.
            ``(5) To develop processes for information sharing with the 
        private sector, consistent with section 214, that--
                    ``(A) promote voluntary cybersecurity best 
                practices, standards, and benchmarks that are 
                responsive to rapid technology changes and to the 
                security needs of critical infrastructure; and
                    ``(B) consider roles of Federal, State, local, and 
                foreign governments and the private sector, including 
                the insurance industry and auditors.
            ``(6) To coordinate with the Chief Information Officer of 
        the Department in establishing a secure information sharing 
        architecture and information sharing processes, including with 
        respect to the Department's operation centers.
            ``(7) To consult with the Electronic Crimes Task Force of 
        the United States Secret Service on private sector outreach and 
        information activities.
            ``(8) To consult with the Office for Domestic Preparedness 
        to ensure that realistic cybersecurity scenarios are 
        incorporated into tabletop and recovery exercises.
            ``(9) To consult and coordinate, as appropriate, with other 
        Federal agencies on cybersecurity-related programs, policies, 
        and operations.
            ``(10) To consult and coordinate within the Department and, 
        where appropriate, with other relevant Federal agencies, on 
        security of digital control systems, such as Supervisory 
        Control and Data Acquisition (SCADA) systems.
    ``(d) Authority Over the National Communications System.--The 
Assistant Secretary shall have primary authority within the Department 
over the National Communications System.''.
    (b) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle A of title II the following:

``Sec. 203. Assistant Secretary for Cybersecurity.''.
    (c) Cybersecurity Defined.--Section 2 of the Homeland Security Act 
of 2002 (6 U.S.C. 101) is amended by adding at the end the following:
            ``(17)(A) The term `cybersecurity' means the prevention of 
        damage to, the protection of, and the restoration of computers, 
        electronic communications systems, electronic communication 
        services, wire communication, and electronic communication, 
        including information contained therein, to ensure its 
        availability, integrity, authentication, confidentiality, and 
        nonrepudiation.
            ``(B) In this paragraph--
                    ``(i) each of the terms `damage' and `computer' has 
                the meaning that term has in section 1030 of title 18, 
                United States Code; and
                    ``(ii) each of the terms `electronic communications 
                system', `electronic communication', `wire 
                communication', and `electronic communication' has the 
                meaning that term has in section 2510 of title 18, 
                United States Code.''.

          TITLE XIV--ENABLING COMMUNICATIONS INTEROPERABILITY

SEC. 211. SHORT TITLE.

    This subtitle may be cited as ``Connecting the Operations of 
National Networks of Emergency Communications Technologies for First 
Responders Act of 2004''.

SEC. 212. FINDINGS; PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Throughout the United States, public safety agencies--
        law enforcement, firefighters, emergency technicians, public 
        health officials, and others--in the same jurisdictions cannot 
        now communicate effectively with one another, with agencies in 
        neighboring jurisdictions, or with other public safety agencies 
        at the Federal and State level, when responding to emergencies 
        or participating in major deployment.
            (2) The inability of public safety agencies in the United 
        States to communicate with one another within and across 
        jurisdictions and disciplines is a long-recognized and complex 
        problem that threatens the public's safety and security and 
        often results in unnecessary loss of lives and property.
            (3) The lack of interoperability was at least partially 
        responsible for the deaths of 343 firefighters in New York City 
        on September 11, 2001, when police could not communicate 
        effectively with firefighters prior to the collapse of the Twin 
        Towers.
            (4) In the immediate aftermath of the Oklahoma City bombing 
        in 1995, studies showed that emergency responders had to use 
        runners to carry messages from one command center to another 
        because the responding agencies used different emergency radio 
        channels, different frequencies, and different radio systems.
            (5) In Littleton, Colorado, 46 public safety agencies 
        responded to the shooting spree inside Columbine High School in 
        1999. Precious minutes were lost because command personnel were 
        forced to send runners to communicate crucial information. 
        Incompatible radio communication systems were a significant 
        factor, according to the Columbine Review Commission.
            (6) There are more than 50,000 State and local public 
        safety agencies. Many of these agencies are small or volunteer 
        organizations with limited budgets, and little or no 
        engineering expertise. State and local agencies consistently 
        cite lack of funding as a critical obstacle to 
        interoperability.
            (7) State and local budget crises have made funding public 
        safety communications even more difficult, and competition with 
        other critical homeland security needs, such as personnel, 
        physical facilities, protective gear, and other kinds of 
        equipment reduce the available funding for mission-critical 
        communications infrastructures and equipment.
            (8) Funding is needed for all phases of the communications 
        system life cycle: planning, system design and engineering, 
        procurement and installation, operations and maintenance, and 
        testing and technology development. There is clear need for a 
        dedicated and consistent Federal funding source that is 
        sufficient to finance comprehensive interoperable 
        communications solutions. The role of Federal, State, and local 
        governments and agencies in funding interoperable 
        communications must be clear.
            (9) Achieving nationwide interoperability will require a 
        significant financial commitment at all levels of government. 
        In 1998, the Public Safety Wireless Network estimated that 
        developing interoperable communications nationwide could cost 
        $18,000,000,000. According to the Office of Wireless Public 
        Safety Interoperable Communications, the umbrella program in 
        the Department of Homeland Security designed to lead and 
        coordinate interoperability efforts that is commonly known as 
        Project SAFECOM, that estimate is now outdated and includes 
        only part of the total cost of upgrades.
            (10) An Independent Task Force sponsored by the Council on 
        Foreign Relations stated that ``among other things, additional 
        funds are desperately needed . . . to foster interoperable 
        communications systems for emergency responders across the 
        country so that those on the front lines can communicate with 
        each other while at the scene of attack''. The Task Force 
        recommended, ``conservatively'', that $6,800,000,000 over 5 
        years is needed for interoperability as well as public alert 
        and information systems programs.
            (11) Numerous Federal agencies provide information or 
        grants that can be used in the development of interoperable 
        communications systems. However, without common guidance and 
        standards, funding and grants are often used in isolation of 
        broader, regional communications needs and capacities. There is 
        a need to better coordinate these disparate grant programs, and 
        to provide unified and consistent leadership and funding from 
        the Federal Government.
            (12) The partnership between the private and public sectors 
        has developed numerous solutions to significantly improve 
        communications interoperability that can be implemented 
        immediately. These solutions include deployable vehicles that 
        contain crosspatch capabilities that allow radio users on 
        separate frequencies to talk to each other; communications 
        system overlay software and hardware that allow multiple 
        disparate communications networks to act as one network; and 
        the Project 25 standard for the manufacturing of interoperable 
        digital two-way wireless communications products.
            (13) Current approaches to achieving communications 
        interoperability are also hampered by the fact that in many 
        jurisdictions--
                    (A) the existing radio communications 
                infrastructure is old and outdated;
                    (B) planning for interoperability is limited and 
                fragmented among multiple agencies;
                    (C) the necessary coordination and cooperation 
                within and among jurisdictions is difficult to achieve; 
                and
                    (D) there is limited and fragmented amount of radio 
                spectrum available to public safety organizations.
            (14) The lack of universally recognized, fully open, and 
        implementable standards for public safety agency needs has 
        limited the cost efficiencies of interoperability, and has 
        delayed the adoption of new technologies by public safety 
        agencies.
            (15) Solutions can only be achieved through cooperation 
        among all levels of government, and the Federal Government, 
        through the Department of Homeland Security, must provide 
        nationwide leadership, coordination, and a substantial share of 
        resources necessary to purchase appropriate technologies and 
        create seamless communications among United States public 
        safety agencies.
            (16) In April 2004, the General Accounting Office found 
        that in Project SAFECOM's 2 year history, the program has made 
        very little progress in addressing its overall objective of 
        achieving national wireless communications interoperability 
        among first responders and public safety systems at all levels 
        of government, principally due to--
                    (A) a lack of consistent executive commitment and 
                support; and
                    (B) an inadequate level of interagency 
                collaboration.
            (17) Project SAFECOM lacks the statutory authority and 
        dedicated resources necessary to coordinate Federal programs or 
        accomplish other tasks required to make the achievement of 
        interoperability a national priority, and a realistic goal for 
        the Nation.
    (b) Purposes.--The purposes of this subtitle are to--
            (1) require the Department of Homeland Security to provide 
        effective leadership, coordination, and technical assistance 
        for the purposes of enhancing communications interoperability, 
        and to establish and implement a strategy to ensure the 
        achievement of communications interoperability for public 
        safety agencies throughout the United States;
            (2) authorize appropriations for interoperable 
        communications grants to State and local governments and public 
        safety agencies; and
            (3) support the effective acquisition, installation, and 
        maintenance of short-term and long-term interoperable 
        communications equipment for homeland security at all levels of 
        government.

SEC. 213. ESTABLISHMENT OF THE OFFICE OF WIRELESS PUBLIC SAFETY 
              INTEROPERABLE COMMUNICATIONS.

    (a) Amendment.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding after section 313 the following:

``SEC. 314. OFFICE OF WIRELESS PUBLIC SAFETY INTEROPERABLE 
              COMMUNICATIONS.

    ``(a) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Communications interoperability.--The term 
        `communications interoperability' means the ability of public 
        safety service and support providers, including emergency 
        response providers, to communicate with other responding 
        agencies and Federal agencies if necessary, through information 
        technology systems and radio communications systems, and to 
        exchange voice, data, or video with one another on demand, in 
        real time, as necessary.
            ``(2) Director.--The term `Director' means the Director of 
        Wireless Public Safety Interoperable Communications.
            ``(3) Office.--The term `Office' means the Office of 
        Wireless Public Safety Interoperable Communications established 
        under subsection (c).
            ``(4) Public safety agencies.--The term `public safety 
        agencies' includes emergency response providers and any other 
        persons that the Secretary determines must communicate 
        effectively with one another to respond to emergencies.
    ``(b) Sense of Congress Regarding Project SAFECOM.--It is the Sense 
of Congress that--
            ``(1) after more than 2 years, Project SAFECOM has made 
        very limited progress in addressing its overall objective of 
        achieving communications interoperability among entities at all 
        levels of government;
            ``(2) a principal impediment to progress has been the 
        failure to effectively collaborate with, and to obtain 
        consistent funding from, other Federal agencies involved with 
        SAFECOM; and
            ``(3) in order to accelerate progress in achieving 
        communications interoperability among entities at all levels of 
        government, all Federal funding and program management to 
        achieve this goal should reside within the Department of 
        Homeland Security.
    ``(c) Establishment.--
            ``(1) In general.--There is established the Office of 
        Wireless Public Safety Interoperable Communications within the 
        Directorate of Science and Technology, which shall be headed by 
        a Director of Wireless Public Safety Interoperable 
        Communications appointed by the Secretary.
            ``(2) Administration.--The Secretary shall provide the 
        Office with the resources and staff necessary to carry out the 
        purposes of this section, including sufficient staff to provide 
        support to each State. Support under this paragraph shall 
        include outreach, coordination, and technical assistance.
            ``(3) Duties.--
                    ``(A) Technical assistance.--
                            ``(i) Assistance through director.--The 
                        Secretary, acting through the Director, shall--
                                    ``(I) provide leadership and 
                                coordination among all other Federal 
                                agencies that provide funding, 
                                research, technology development, or 
                                other support for communications 
                                interoperability;
                                    ``(II) accelerate, in consultation 
                                with other nationally recognized 
                                standards organizations as appropriate, 
                                the development of national voluntary 
                                consensus standards for communications 
                                interoperability, including the Project 
                                25 standard, and establish a schedule 
                                of milestones to be achieved in 
                                developing such standards;
                                    ``(III) provide technical 
                                assistance to Federal, State, and local 
                                governments and public safety agencies 
                                on planning, interoperability 
                                architectures, acquisition strategies, 
                                and other functions necessary to 
                                achieve communications 
                                interoperability;
                                    ``(IV) participate in the review 
                                and final approval of funding for grant 
                                applications for the purposes of 
                                administering the grant program 
                                established under section 430(e); and
                                    ``(V) provide direct technical 
                                assistance to State and local 
                                governments and public safety agencies 
                                for the purposes of administering the 
                                grant program established under section 
                                430(e).
                            ``(ii) Assistance by director and under 
                        secretary for science and technology.--The 
                        Director, under the direction of the Under 
                        Secretary for Science and Technology, shall--
                                    ``(I) conduct and otherwise provide 
                                for research, development, testing, and 
                                evaluation for public safety 
                                communications technologies and 
                                equipment;
                                    ``(II) evaluate and validate new 
                                technology concepts, including systems 
                                engineering and development, and 
                                promote the deployment of advanced 
                                broadband communications technologies; 
                                and
                                    ``(III) encourage the development 
                                of flexible and open architectures and 
                                standards, with appropriate levels of 
                                security, for short-term and long-term 
                                solutions to interoperability.
                    ``(B) Outreach and coordination.--The Secretary, 
                acting through both the Director and the Office of 
                State and Local Government Coordination established 
                under section 801, shall take such steps as are 
                necessary to enable public safety agencies to achieve 
                more effective and efficient interoperable 
                communications, and shall collaborate with other 
                Federal agencies, the leadership of public safety 
                agencies, and State and local governments to--
                            ``(i) develop and maintain a task force 
                        that represents the broad customer base of 
                        State and local public safety agencies, as well 
                        as Federal agencies, involved in public safety 
                        agency disciplines, in order to receive input 
                        and coordinate efforts to achieve 
                        communications interoperability;
                            ``(ii) develop and implement a national 
                        strategy to achieve communications 
                        interoperability;
                            ``(iii) facilitate collaborative planning 
                        and partnerships among local, State, and 
                        Federal government agencies;
                            ``(iv) coordinate, execute, and align all 
                        Federal public safety wireless communications 
                        activities, to include the development of 
                        common guidance for grant programs, and any 
                        programs conducting demonstration projects, 
                        technical assistance, outreach, testing and 
                        evaluation, or research and development to 
                        enhance public safety wireless communications 
                        and interoperability;
                            ``(v) share best practices, and provide 
                        outreach and coordination to State and local 
                        governments and public safety agencies, to 
                        implement short-term and long-term solutions to 
                        achieve communications interoperability, and to 
                        include commercially available equipment that 
                        facilitates interoperability, coordination, and 
                        integration among existing emergency 
                        communications systems;
                            ``(vi) identify and work to overcome the 
                        political, institutional, and geographic 
                        barriers within the public safety community 
                        that can impede interoperability among public 
                        safety agencies, including among Federal 
                        agencies;
                            ``(vii) develop appropriate performance 
                        measures and systematically measure the 
                        Nation's progress towards interoperability; and
                            ``(viii) monitor the availability of, and 
                        make recommendations to Congress to address 
                        problems associated with the availability and 
                        more efficient use of, radio spectrum for 
                        public safety.
    ``(d) National Strategy.--
            ``(1) In general.--The Secretary, acting through the 
        Director, shall, in cooperation with State and local 
        governments, Federal agencies, public safety agencies, the 
        private sector, and the task force established under subsection 
        (c)(3)(B)(i), develop a national strategy to achieve 
        communications interoperability, which shall--
                    ``(A) provide for the development of national 
                voluntary standards for the purchase and use by public 
                safety agencies of interoperable communications 
                equipment and technologies;
                    ``(B) identify the appropriate interoperable 
                communications capabilities necessary for Federal, 
                State, and local public safety agencies to adequately 
                protect the people of the United States;
                    ``(C) address both short-term and long-term 
                solutions to achieving Federal, State and local 
                communications interoperability, including provision of 
                commercially available equipment that facilitates 
                interoperability, coordination, and integration among 
                existing emergency communications systems;
                    ``(D) identify how the Federal Government can work 
                effectively with State and local governments, public 
                safety agencies in all States, and such other entities 
                as are necessary to implement the strategy;
                    ``(E) include measures to identify and overcome all 
                obstacles to achieving interoperability; and
                    ``(F) set goals and establish time frames for the 
                achievement of communications interoperability across 
                the United States, and develop performance measures to 
                determine whether these goals are being met.
            ``(2) Report.--Not later than 6 months after the date of 
        enactment of the Connecting the Operations of National Networks 
        of Emergency Communications Technologies for First Responders 
        Act of 2004, and each year thereafter, the Secretary shall 
        submit a report to the Congress--
                    ``(A) detailing the progress of the Department in 
                carrying out the purposes of this section;
                    ``(B) detailing the progress in achieving 
                communications interoperability; and
                    ``(C) making any recommendations necessary to 
                expedite the fulfillment of the purposes of this 
                section.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $50,000,000 for fiscal year 2005, and 
such sums as are necessary each fiscal year thereafter, for the 
operations of the Office, and for other entities within the Department 
whose activities facilitate the purposes of the Connecting the 
Operations of National Networks of Emergency Communications 
Technologies for First Responders Act of 2004.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by inserting after the item relating to section 313 the 
following:

``314. Office of Wireless Public Safety Interoperable 
                            Communications.''.

SEC. 214. INTEROPERABLE COMMUNICATIONS TECHNOLOGY GRANT PROGRAM.

    Section 430 of the Homeland Security Act of 2002 (6 U.S.C. 238) is 
amended by adding at the end the following:
    ``(e) Interoperable Communications Grants.--
            ``(1) Definitions.--In this subsection, the following 
        definitions shall apply:
                    ``(A) Communications interoperability.--The term 
                `communications interoperability' means the ability of 
                public safety service and support providers, including 
                emergency response providers, to communicate with other 
                responding agencies and Federal agencies if necessary, 
                through information technology systems and radio 
                communications systems, and to exchange voice, data, or 
                video with one another on demand, in real time, as 
                necessary.
                    ``(B) Eligible state.--The term `eligible State' 
                means a State that--
                            ``(i) has submitted a plan under paragraph 
                        (4); and
                            ``(ii) the Secretary determines has not 
                        achieved adequate statewide communications 
                        interoperability.
                    ``(C) Public safety agencies.--The term `public 
                safety agencies' includes emergency response providers 
                and any other persons that the Secretary determines 
                must communicate effectively with one another to 
                respond to emergencies.
            ``(2) In general.--The Secretary shall--
                    ``(A) make grants on a competitive basis directly 
                to local governments (including a consortium of local 
                governments) and public safety agencies within eligible 
                States, in consultation with the chief executives of 
                the State or States, for the purpose of assisting in 
                the development of interoperable communications systems 
                at any stage, including--
                            ``(i) planning, system design, and 
                        engineering;
                            ``(ii) procurement and installation of 
                        equipment;
                            ``(iii) operations and maintenance of 
                        equipment; and
                            ``(iv) testing and technology development; 
                        and
                    ``(B) make grants to eligible States for 
                initiatives necessary to achieve communications 
                interoperability within each State, including--
                            ``(i) statewide communications planning;
                            ``(ii) system design and engineering;
                            ``(iii) procurement and installation of 
                        equipment;
                            ``(iv) operations and maintenance of 
                        equipment; and
                            ``(v) testing and technology development 
                        initiatives.
            ``(3) Coordination.--
                    ``(A) In general.--The Secretary shall ensure that 
                grants administered under this subsection are 
                coordinated with the activities of other entities of 
                the Department and other Federal entities so that 
                grants awarded under this subsection, and other grant 
                programs related to homeland security, facilitate the 
                achievement of the strategy developed under section 
                314(c), and the purposes of the Connecting the 
                Operations of National Networks of Emergency 
                Communications Technologies for First Responders Act of 
                2004.
                    ``(B) Relationship to existing grant programs.--
                Nothing in this Act shall provide for the combination 
                of grant funds among the grant program established 
                under this subsection and any other grant programs 
                administered by the Department of Homeland Security, 
                including the State Homeland Security Grant Program of 
                the Department, or any successor to such grant program, 
                and the Urban Area Security Initiative of the 
                Department, or any successor to such grant program.
            ``(4) Eligibility.--
                    ``(A) Submission of plan.--To be eligible to 
                receive a grant under this subsection, each eligible 
                State, or local governments or public safety agencies 
                within an eligible State or States, shall submit a 
                communications interoperability plan to the Secretary 
                that--
                            ``(i) addresses any stage of the 
                        development of interoperable communications 
                        systems, including planning, system design and 
                        engineering, procurement and installation, 
                        operations and maintenance, and testing and 
                        technology development;
                            ``(ii) if the applicant is not a State, 
                        includes a description of how the applicant 
                        addresses the goals specified in any applicable 
                        State plan or plans submitted under this 
                        section; and
                            ``(iii) is approved by the Secretary.
                    ``(B) Incorporation and consistency.--A plan 
                submitted under subparagraph (A) may be part of, and 
                shall be consistent with, any other homeland security 
                plans required of the submitting party by the 
                Department.
            ``(5) Award of grants.--
                    ``(A) Considerations.--In approving plans and 
                awarding grants under this subsection, the Secretary 
                shall consider--
                            ``(i) the nature of the threat to the 
                        eligible State or local jurisdiction;
                            ``(ii) the location, risk, or vulnerability 
                        of critical infrastructure and key national 
                        assets;
                            ``(iii) the number, as well as the density, 
                        of persons who will be served by interoperable 
                        communications systems;
                            ``(iv) the extent of the partnerships, 
                        existing or planned, established between local 
                        jurisdictions and agencies participating in the 
                        development of interoperable communications 
                        systems, and their coordination with Federal 
                        and State agencies;
                            ``(v) the level of communications 
                        interoperability already achieved by the 
                        jurisdictions;
                            ``(vi) the extent to which the 
                        communications interoperability plan submitted 
                        under paragraph (4) adequately addresses steps 
                        necessary to implement short-term or long-term 
                        solutions to communications interoperability;
                            ``(vii) the extent to which eligible States 
                        and local governments, in light of their 
                        financial capability, demonstrate their 
                        commitment to expeditiously achieving 
                        communications interoperability by 
                        supplementing Federal funds with non-Federal 
                        funds;
                            ``(viii) the extent to which grants will 
                        expedite the achievement of interoperability in 
                        the relevant jurisdiction with Federal, State, 
                        and local agencies; and
                            ``(ix) the extent to which grants will be 
                        utilized to implement advanced communications 
                        technologies to promote interoperability.
                    ``(B) Cost sharing.--
                            ``(i) In general.--The Federal share of the 
                        costs of an activity carried out with a grant 
                        to an applicant awarded under this section 
                        shall not exceed 75 percent.
                            ``(ii) In-kind matching.--Each recipient of 
                        a covered grant may meet the matching 
                        requirement under clause (i) by making in-kind 
                        contributions of goods or services that are 
                        directly linked with the purpose for which the 
                        grant is made, including personnel overtime, 
                        contractor services, administrative costs, 
                        equipment fuel and maintenance, and rental 
                        space.
            ``(6) Reimbursement.--
                    ``(A) In general.--Unless otherwise requested by 
                the recipient of a grant under this subsection, grants 
                shall not be awarded to reimburse the recipient for 
                prior expenditures related to achieving communications 
                interoperability.
                    ``(B) Exception.--The Secretary shall reimburse 
                public safety agencies directly for costs incurred for 
                expenditures related to achieving communications 
                interoperability, if--
                            ``(i) the public safety agency expended 
                        funds after September 11, 2001, and before the 
                        date of enactment of this subsection; and
                            ``(ii) such expenditures are consistent 
                        with and supportive of the communications 
                        interoperability plan approved by the Secretary 
                        under paragraph (4)(A)(iii).
                    ``(C) Termination of authority.--The authority of 
                the Secretary under subparagraph (B) shall terminate 
                one year after the date on which the Department of 
                Homeland Security first allocates grant funds for this 
                program.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary $500,000,000 for 
        fiscal year 2005, $750,000,000 for fiscal year 2006, 
        $1,000,000,000 for fiscal year 2007, $1,250,000,000 for fiscal 
        year 2008, $1,500,000,000 for fiscal year 2009, and such sums 
        as are necessary each fiscal year thereafter, to carry out the 
        purposes of this subsection.''.

 TITLE XV--STRENGTHENING PRIVACY PROTECTIONS WITHIN THE DEPARTMENT OF 
                           HOMELAND SECURITY

                     Subtitle A--SHIELD Privacy Act

SEC. 221. SHORT TITLE.

    This subtitle may be cited as the ``Strengthening Homeland 
Innovation to Emphasize Liberty, Democracy, and Privacy Act'' or the 
``SHIELD Privacy Act''.

SEC. 222. FINDINGS.

    The Congress finds the following:
            (1) The protection of our Nation's civil liberties and 
        privacy is fundamental to the American way of life.
            (2) Strengthening our homeland security ensures that our 
        way of life and the rights protected by the Constitution remain 
        intact.
            (3) In developing homeland security initiatives, our 
        Government must take care to protect fundamental constitutional 
        rights and strive to minimize unnecessary impositions on the 
        freedoms and privileges enjoyed in the United States.
            (4) As governments develop and employ new technologies and 
        gather information from the private sector for homeland 
        security efforts, they must ensure that our society's 
        constitutional guarantees relating to privacy, due process, and 
        civil liberties are protected.

SEC. 223. CHIEF PRIVACY OFFICER.

    (a) Designation.--The President shall designate a senior official 
within the Office of Management and Budget as the Chief Privacy 
Officer, who shall have primary responsibility for privacy policy 
throughout the Federal Government.
    (b) Specific Responsibilities.--The responsibilities of the Chief 
Privacy Officer shall include the following:
            (1) Assuring that the technologies procured and use of 
        technologies by the Federal Government sustain, and do not 
        erode, privacy protections relating to the use, collection, and 
        disclosure of personally identifiable information.
            (2) Assuring that personally identifiable information 
        contained in systems of records (as that term is defined in 
        section 552a of title 5, United States Code, popularly known as 
        the ``Privacy Act of 1974'') is handled in full compliance with 
        fair information practices required under that section.
            (3) Evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personally 
        identifiable information by the Federal Government.
            (4) Exercising responsibility currently vested in the 
        Director of the Office of Management and Budget with respect to 
        privacy impact assessment rules, regulations, and oversight 
        under section 208 of the E-Gov Act of 2002 (44 U.S.C. 3501 
        note).
            (5) Preparing an annual report to the Congress containing 
        an agency-by-agency analysis of Federal activities that affect 
        privacy, including complaints of privacy violations, 
        implementation of section 552a of title 5, United States Code, 
        internal controls, and other matters.
    (c) Agency Information.--The head of each Federal agency shall 
provide to the Chief Privacy Officer such information as the Chief 
Privacy Officer considers necessary for the completion of the annual 
reports under subsection (b)(5).
    (d) Report by Secretary of Homeland Security.--Section 222(5) of 
the Homeland Security Act of 2002 (6 U.S.C. 142(5)) is amended by 
striking ``Congress'' and inserting ``the chief Privacy Officer of the 
Office of Management and Budget''.

SEC. 224. PRIVACY POLICY OF DEPARTMENTS AND INDEPENDENT AGENCIES.

    (a) Officials Responsible for Privacy Policy.--The head of each 
department and each independent agency in the executive branch shall 
appoint a senior official of the department or independent agency, 
respectively, to assure primary responsibility for privacy policy, 
including the following:
            (1) Assuring that technologies procured and use of 
        technologies sustain, and do not erode, privacy protections 
        relating to the use, collection, and disclosure of personally 
        identifiable information.
            (2) Assuring that personally identifiable information 
        contained in systems of records (as that term is defined in 
        section 552a of title 5, United States Code, popularly known as 
        the ``Privacy Act of 1974'') is handled in full compliance with 
        fair information practices required under that section.
            (3) Evaluating legislative and regulatory proposals 
        involving collection, use, and disclosure of personally 
        identifiable information by the Federal Government.
            (4) Conducting privacy impact assessments under subsection 
        (b).
            (5) Ensuring that the department or agency protects 
        personally identifiable information and information systems 
        from unauthorized access, use, disclosure, disruption, 
        modification, or destruction in order to provide--
                    (A) integrity, by--
                            (i) guarding against improper information 
                        modification or destruction; and
                            (ii) ensuring information nonrepudiation 
                        and authenticity;
                    (B) confidentiality, by preserving authorized 
                restrictions on access and disclosure, including means 
                for protecting personal privacy and proprietary 
                information;
                    (C) availability, by ensuring timely and reliable 
                access to and use of that information; and
                    (D) authentication, by utilizing digital 
                credentials to assure the identity of users and 
                validate their access.
            (6) Submitting an annual report to the Director of the 
        Office of Management and Budget on activities of their agencies 
        that affect privacy, including complaints of privacy 
        violations, implementation of section 552a of title 5, United 
        States Code, internal controls, and other matters.
    (b) Privacy Impact Assessments.--
            (1) Requirement.--The official appointed under subsection 
        (a) for a department or independent agency shall--
                    (A) assess the impact on privacy of each proposed 
                action of the Department or agency that will require 
                collecting, using, or accessing personally identifiable 
                information from 10 or more persons; and
                    (B) make the results of such assessments publicly 
                available through the World Wide Web site of the 
                Department.
            (2) Matters considered.--Each assessment under this 
        subsection regarding a proposed action shall consider the 
        following:
                    (A) The type of any personally identifiable 
                information to be collected, used, or accessed by the 
                Department.
                    (B) Why such information will be collected, used, 
                or accessed.
                    (C) The intended use of such information.
                    (D) The persons with whom such information will be 
                shared.
                    (E) What notice or consent will be provided to 
                individuals regarding such information to be collected 
                or accessed, and how that information will be shared.
                    (F) How such information will be secured.
                    (G) Whether a system of records will be created for 
                purposes of section 552a of title 5, United States 
                Code.
                    (H) The method by which, extent to which, and rate 
                at which such collected information will be destroyed 
                or returned.

SEC. 225. COMMISSION ON PRIVACY, FREEDOM, AND HOMELAND SECURITY.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on Privacy, Freedom, and Homeland Security''.
    (b) Duties of Commission.--
            (1) In general.--The Commission shall conduct a 
        comprehensive legal and factual study relating to United States 
        efforts to further homeland security in a manner that protects 
        privacy, civil liberties, and individual freedoms.
            (2) Matters to be studied.--The matters studied by the 
        Commission under paragraph (1) shall at a minimum include the 
        following:
                    (A) A review of whether Federal agencies are 
                properly assessing the privacy implications of new 
                homeland security technologies before implementing and 
                deploying such technologies.
                    (B) The impact of existing Federal and State 
                privacy statutes and regulations, legislation pending 
                before the Congress, and privacy protection efforts 
                undertaken by the Federal Government, State 
                governments, foreign governments, and international 
                governing bodies on homeland security.
                    (C) The impact of Federal legislation enacted since 
                September 11, 2001, or pending before the Congress, on 
                civil liberties.
                    (D) The likely effectiveness of existing 
                technologies for analyzing public and private sources 
                of data and information to identify terrorists and 
                prevent terrorist acts.
    (c) Field Hearings.--
            (1) In general.--The Commission shall conduct at least 2 
        field hearings in each of the 5 geographical regions of the 
        United States.
            (2) Determination of regions.--For purposes of this 
        subsection, the Commission may determine the boundaries of the 
        5 geographical regions of the United States.
    (d) Report.--
            (1) In general.--No later than 24 months after the date on 
        which the Commission first meets, the Commission shall submit 
        to the President and the Congress a comprehensive report of the 
        Commission's findings, recommendations, and conclusions. Such 
        report shall include a summary of the report submitted to the 
        Commission by the National Research Council under subsection 
        (g)(9), and a summary of any other material relied on by the 
        Commission in the preparation of its report.
            (2) Recommendations.--The report under paragraph (1) shall 
        include recommendations regarding the following:
                    (A) Steps Federal agencies should take when 
                considering new homeland security technologies to 
                ensure that privacy implications are adequately 
                considered before such technologies are implemented.
                    (B) Whether additional legislation is necessary to 
                reform or augment current laws and regulations relating 
                to privacy and homeland security, including specific 
                reform proposals and an analysis of the financial costs 
                of any proposed changes.
                    (C) Safeguards and protection that should be in 
                place when the Federal Government uses an individual's 
                personally identifiable information obtained from a 
                commercial database or a list for counterterrorism and 
                homeland security purposes.
            (3) Additional report.--The Commission shall submit to the 
        Congress and the President, with the report under paragraph 
        (1), any additional report of dissenting opinions or minority 
        views by any member of the Commission.
            (4) Interim report.--The Commission may submit to the 
        Congress and the President interim reports approved by a 
        majority of the members of the Commission.
    (e) Structure of Commission.--
            (1) Member and appointment.--The Commission shall be 
        composed of 10 members appointed as follows:
                    (A) 1 member appointed by the President, who shall 
                be the chairperson of the Commission.
                    (B) 1 member appointed jointly by the minority 
                leader of the House of Representatives and the minority 
                leader of the Senate, who shall be the vice chairperson 
                of the Commission.
                    (C) 2 members appointed by the majority leader of 
                the House of Representatives.
                    (D) 2 members appointed by the minority leader of 
                the House of Representatives.
                    (E) 2 members appointed by the majority leader of 
                the Senate.
                    (F) 2 members appointed by the minority leader of 
                the Senate.
            (2) Qualifications of members.--The appointing authorities 
        under subsection (1) shall seek to ensure that the membership 
        of the Commission has a diversity of views and experiences on 
        the matters to be studied by the Commission, including views 
        and knowledge of law, civil rights and liberties, privacy 
        matters, homeland security, information technology, security, 
        database integration, and law enforcement.
            (3) Date of appointment.--The appointment of the members of 
        the Commission shall be made not later than 30 days after the 
        date of the enactment of this Act.
            (4) Terms.--Each member of the Commission shall be 
        appointed for the life of the Commission.
            (5) Vacancies.--Any vacancy in the Commission shall be 
        filled in the same manner in which the original appointment was 
        made.
            (6) Compensation; travel expenses.--Members of the 
        Commission shall serve without pay, but shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            (7) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum for purposes of conducting business, 
        except that 2 members of the Commission shall constitute a 
        quorum for purposes of conducting a hearing.
            (8) Meetings.--
                    (A) In general.--The Commission shall meet at the 
                call of the Chairperson or a majority of its members.
                    (B) Initial meeting.--Not later than 45 days after 
                the date of the enactment of this Act, the Commission 
                shall hold its initial meeting.
    (f) Director; Staff; Experts and Consultants.--
            (1) Director.--
                    (A) Appointment.--Not later than 60 days after the 
                date of the enactment of this Act, the Commission shall 
                appoint a Director, without regard to the provisions of 
                title 5, United States Code, governing appointments to 
                the competitive service.
                    (B) Pay.--The Director shall be paid at the rate 
                payable for level III of the Executive Schedule 
                established under section 5314 of such title.
            (2) Staff.--
                    (A) Appointment.--The Director may appoint such 
                staff as the Director determines appropriate, without 
                regard to the provisions of title 5, United States 
                Code, governing appointments in the competitive 
                service.
                    (B) Pay.--The staff of the Commission shall be paid 
                in accordance with the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification and General Schedule 
                pay rates, but at rates not in excess of the maximum 
                rate for grade GS-15 of the General Schedule under 
                section 5332 of that title.
            (3) Experts and consultants.--The Director may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (4) Detailees.--
                    (A) In general.--Upon request of the Director, the 
                head of any Federal department or agency may detail, on 
                a reimbursable basis, any of the personnel of that 
                department or agency to the Commission to assist it in 
                carrying out this Act.
                    (B) Notice.--Before making a request under this 
                paragraph, the Director shall give notice of the 
                request to each member of the Commission.
    (g) Powers of Commission.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this subtitle, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        to carry out its duties under subsection (b). The Commission 
        may administer oaths or affirmations to witnesses appearing 
        before it.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        section.
            (3) Obtaining official information.--
                    (A) Requirement to furnish.--Except as provided in 
                subparagraph (B), if the Commission submits a request 
                to a Federal department or agency for information 
                necessary to enable the Commission to carry out this 
                subtitle, the head of that department or agency shall 
                furnish that information to the Commission.
                    (B) Exception for national security.--If the head 
                of a Federal department or agency determines that it is 
                necessary to withhold requested information from 
                disclosure to protect the national security interests 
                of the United States, the department or agency head 
                shall not furnish that information to the Commission.
            (4) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as other 
        departments and agencies of the United States.
            (5) Administrative support services.--Upon the request of 
        the Director, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out this section.
            (6) Gifts and donations.--The Commission may accept, use, 
        and dispose of gifts or donations of services or property to 
        carry out this Act, but only to the extent or in the amounts 
        provided in advance in appropriation Acts.
            (7) Contracts.--The Commission may contract with and 
        compensate persons and government agencies for supplies and 
        services, without regard to section 3709 of the Revised 
        Statutes (41 U.S.C. 5).
            (8) Subpoena power.--
                    (A) In general.--If a Federal department or agency 
                or any other person fails to supply information 
                requested by the Commission, the Commission may require 
                by subpoena the production of the information. The 
                Commission shall transmit to the Attorney General a 
                written notice at least 10 days in advance of the 
                issuance of any such subpoena. A subpoena under this 
                paragraph may require the production of materials from 
                any place within the United States.
                    (B) Interrogatories.--The Commission may, with 
                respect only to information necessary to understand any 
                materials obtained through a subpoena under paragraph 
                (A), issue a subpoena requiring the person producing 
                such materials to answer, either through a sworn 
                deposition or through written answers provided under 
                oath (at the election of the person upon whom the 
                subpoena is served), interrogatories from the 
                Commission regarding such information. A complete 
                recording or transcription shall be made of any 
                deposition made under this paragraph.
                    (C) Certification.--Each person who submits 
                materials or information to the Commission pursuant to 
                a subpoena issued under subparagraph (A) or (B) shall 
                certify to the Commission the authenticity and 
                completeness of all materials or information submitted.
                    (D) Treatment of subpoenas.--Any subpoena issued by 
                the Commission under subparagraph (A) or (B) shall 
                comply with requirements for subpoenas issued by a 
                United States district court under the Federal Rules of 
                Civil Procedure.
                    (E) Failure to obey a subpoena.--If a person 
                refuses to obey a subpoena issued by the Commission 
                under subparagraph (A) or (B), the Commission may apply 
                to a United States district court for an order 
                requiring that person to comply with such subpoena. The 
                application may be made within the judicial district in 
                which that person is found, resides, or transacts 
                business. Any failure to obey the order of the court 
                may be punished by the court as civil contempt.
            (9) Arrangements with national research council.--
                    (A) In general.--In carrying out its duties under 
                subsection (b), the Commission shall arrange with the 
                National Research Council of the National Academy of 
                Sciences for assistance in conducting the studies 
                required by the Commission under subsection (b)(2), 
                including performance of the analysis required under 
                subsection (b)(2)(C).
                    (B) Report.--The arrangements entered into under 
                (A) shall require that the National Research Council 
                submit a report to the Commission detailing the results 
                of its efforts no later than 15 months after the date 
                on which the Commission first meets.
                    (C) Use of funds.--Of amounts appropriated to carry 
                out this section, up to $750,000 shall be available to 
                the Commission to carry out this paragraph.
    (h) Budget Act Compliance.--Any new contract authority authorized 
by this section shall be effective only to the extent or in the amounts 
provided in advance in appropriation Acts.
    (i) Privacy Protections.--
            (1) Destruction or return of information required.--Upon 
        the conclusion of the matter or need for which individually 
        identifiable information was disclosed to the Commission, the 
        Commission shall either destroy the individually identifiable 
        information or return it to the person or entity from which it 
        was obtained, unless the individual that is the subject of the 
        individually identifiable information has authorized its 
        disclosure.
            (2) Disclosure of information prohibited.--Any individual 
        employed by an individual, entity, or organization under 
        contract to the Commission shall be considered an employee of 
        the Commission for the purposes of section 1905 of title 18, 
        United States Code.
            (3) Proprietary business information and financial 
        information.--The Commission shall protect from improper use, 
        and may not disclose to any person, proprietary business 
        information and proprietary financial information that may be 
        viewed or obtained by the Commission in the course of carrying 
        out its duties under this section.
            (4) Individually identifiable information defined.--For the 
        purposes of this section, the term ``individually identifiable 
        information'' means any information, whether oral or recorded 
        in any form or medium, that identifies an individual, or with 
        respect to which there is a reasonable basis to believe that 
        the information can be used to identify an individual.
    (j) Termination of Commission.--The Commission shall terminate 30 
days after submitting a report under subsection (d)(1).
    (k) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Commission $4,750,000 to carry out this Act.
            (2) Availability.--Any sums appropriated pursuant to the 
        authorization in subsection (a) shall remain available until 
        expended.

SEC. 226. 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 165;
                    (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 165;
                    (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 165 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 officers described in section 224 and, where 
        appropriate, shall coordinate their activities.
    (e) Reports.--
            (1) In general.--The Board shall--
                    (A) receive and review reports from privacy 
                officers described in section 224; 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.

              Subtitle B--Civil Rights and Civil Liberties

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Homeland Security Civil Rights 
and Civil Liberties Protection Act of 2004''.

SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.

    Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
111(b)(1)) is amended--
            (1) in subparagraph (F), by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) ensure that the civil rights and civil 
                liberties of persons are not diminished by efforts, 
                activities, and programs aimed at securing the 
                homeland; and''.

SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.

    Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 
345(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``report directly to the Secretary and shall'' after ``who 
        shall'';
            (2) in paragraph (1)-
                    (A) by striking ``alleging'' and inserting 
                ``concerning'';
                    (B) by striking ``racial and ethnic'';
                    (C) by inserting ``on the basis of race, ethnicity, 
                or religion,'' after ``profiling''; and
                    (D) by striking ``and'' after the semicolon at the 
                end;
            (3) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) assist the Secretary, directorates, and offices of 
        the Department to develop, implement, and periodically review 
        Department policies and procedures to ensure that the 
        protection of civil rights and civil liberties is appropriately 
        incorporated into Department programs and activities;
            ``(4) oversee compliance with constitutional, statutory, 
        regulatory, policy, and other requirements relating to the 
        civil rights and civil liberties of individuals affected by the 
        programs and activities of the Department;
            ``(5) coordinate with the official appointed under section 
        222 to ensure that--
                    ``(A) programs, policies, and procedures involving 
                civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and
                    ``(B) the Congress receives appropriate reports 
                regarding such programs, policies, and procedures; and
            ``(6) investigate complaints and information indicating 
        possible abuses of civil rights or civil liberties, unless the 
        Inspector General of the Department determines that any such 
        complaint or information should be investigated by the 
        Inspector General.''.

SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF 
              INSPECTOR GENERAL.

    (a) Designation and Functions of Senior Official.--The Homeland 
Security Act of 2002 (Public Law 107-296) is amended by inserting after 
section 812 the following:

``SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF 
              INSPECTOR GENERAL.

    ``(a) Designation of Senior Official.--The Inspector General of the 
Department of Homeland Security shall designate a senior official 
within the Office of Inspector General who is a career member of the 
civil service at the equivalent to the GS-15 level or a career member 
of the Senior Executive Service, to perform the functions described in 
subsection (b).
    ``(b) Functions.--The senior official designated under subsection 
(a) shall---
            ``(1) coordinate the activities of the Office of Inspector 
        General with respect to investigations of abuses of civil 
        rights or civil liberties;
            ``(2) receive and review complaints and information from 
        any source alleging abuses of civil rights and civil liberties 
        by employees or officials of the Department of Homeland 
        Security or by employees or officials of independent 
        contractors or grantees of the Department;
            ``(3) initiate investigations of alleged abuses of civil 
        rights or civil liberties by employees or officials of the 
        Department of Homeland Security or by employees or officials of 
        independent contractors or grantees of the Department;
            ``(4) ensure that personnel within the Office of Inspector 
        General receive sufficient training to conduct effective civil 
        rights and civil liberties investigations;
            ``(5) consult with the Officer for Civil Rights and Civil 
        Liberties of the Department of Homeland Security regarding--
                    ``(A) alleged abuses of civil rights or civil 
                liberties; and
                    ``(B) any policy recommendations regarding civil 
                rights and civil liberties that may be founded upon an 
                investigation by the Office of Inspector General;
            ``(6) provide the Officer for Civil Rights and Civil 
        Liberties with information regarding the outcome of 
        investigations of alleged abuses of civil rights and civil 
        liberties;
            ``(7) refer civil rights and civil liberties matters that 
        the Inspector General decides not to investigate to the Officer 
        for Civil Rights and Civil Liberties;
            ``(8) ensure that the Office of the Inspector General 
        publicizes and provides convenient public access to information 
        regarding--
                    ``(A) the procedure to file complaints or comments 
                concerning civil rights and civil liberties matters; 
                and
                    ``(B) the status of investigations initiated in 
                response to public complaints; and
            ``(9) inform the Officer for Civil Rights and Civil 
        Liberties of any weaknesses, problems, and deficiencies within 
        the Department relating to civil rights or civil liberties.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 812 
the following:

``Sec. 813. Protection of civil rights and civil liberties by Office of 
                            Inspector General.''.

SEC. 235. PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) in the matter preceding paragraph (1), by inserting ``, 
        who shall report directly to the Secretary,'' after ``in the 
        Department'';
            (2) in paragraph (4), by striking ``and'' after the 
        semicolon at the end;
            (3) by redesignating paragraph (5) as paragraph (6); and
            (4) by inserting after paragraph (4) the following:
            ``(5) coordinating with the Officer for Civil Rights and 
        Civil Liberties to ensure that--
                    ``(A) programs, policies, and procedures involving 
                civil rights, civil liberties, and privacy 
                considerations are addressed in an integrated and 
                comprehensive manner; and
                    ``(B) the Congress receives appropriate reports on 
                such programs, policies, and procedures; and''.

          TITLE XVI--PREVENTING THE RISE OF FUTURE TERRORISTS

SEC. 241. 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. 242. 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. 243. 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. 244. 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. 245. 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. 246. 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. 247. 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. 248. 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. 249. 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. 250. 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. 251. 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.
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