[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2845 Enrolled Bill (ENR)]
S.2845
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Reform and Terrorism Prevention Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A--Establishment of Director of National Intelligence
Sec. 1011. Reorganization and improvement of management of intelligence
community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between
Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of
certain officials responsible for intelligence-related
activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence
community.
Sec. 1018. Presidential guidelines on implementation and preservation of
authorities.
Sec. 1019. Assignment of responsibilities relating to analytic
integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.
Subtitle B--National Counterterrorism Center, National Counter
Proliferation Center, and National Intelligence Centers
Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Education for the Intelligence Community
Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.
Subtitle E--Additional Improvements of Intelligence Activities
Sec. 1051. Service and national laboratories and the intelligence
community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.
Subtitle F--Privacy and Civil Liberties
Sec. 1061. Privacy and Civil Liberties Oversight Board.
Sec. 1062. Sense of Congress on designation of privacy and civil
liberties officers.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of Director of
National Intelligence and Director of the Central Intelligence
Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security
Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of
the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of
the Director of National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National
Intelligence to acquire and manage property and services.
Sec. 1081. General references.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.
Sec. 1093. Termination of positions of Assistant Directors of Central
Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Director of National Intelligence report on implementation of
intelligence community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education school
selection rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest
Declassification Board.
Sec. 1103. Severability.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
Sec. 2001. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of
Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.
TITLE III--SECURITY CLEARANCES
Sec. 3001. Security clearances.
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
Sec. 4001. National Strategy for Transportation Security.
Subtitle B--Aviation Security
Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport
screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of
Federal air marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.
Sec. 4026. Man-Portable Air Defense Systems (MANPADs).
Sec. 4027. Technical corrections.
Sec. 4028. Report on secondary flight deck barriers.
Sec. 4029. Extension of authorization of aviation security funding.
Subtitle C--Air Cargo Security
Sec. 4051. Pilot program to evaluate use of blast resistant cargo and
baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.
Subtitle D--Maritime Security
Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and
assessments.
Subtitle E--General Provisions
Sec. 4081. Definitions.
Sec. 4082. Effective date.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
Sec. 5101. Establishment.
Sec. 5102. Program requirements.
Sec. 5103. Administrative provisions.
Sec. 5104. Report.
Sec. 5105. Authorization of appropriations.
Subtitle B--Border and Immigration Enforcement
Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement
investigators.
Sec. 5204. Increase in detention bed space.
Subtitle C--Visa Requirements
Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.
Sec. 5303. Effective date.
Sec. 5304. Revocation of visas and other travel documentation.
Subtitle D--Immigration Reform
Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type
training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
Sec. 5501. Inadmissibility and deportability of aliens who have
committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government
officials who have committed particularly severe violations of
religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who have committed
acts of torture, extrajudicial killings, or severe violations
of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the
Foreign Intelligence Surveillance Act of 1978.
Subtitle B--Money Laundering and Terrorist Financing
Sec. 6101. Additional authorization for finCEN.
Sec. 6102. Money laundering and financial crimes strategy
reauthorization.
Subtitle C--Money Laundering Abatement and Financial Antiterrorism
Technical Corrections
Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107-56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.
Subtitle D--Additional Enforcement Tools
Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.
Subtitle E--Criminal History Background Checks
Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private
security officer employment.
Sec. 6403. Criminal history background checks.
Subtitle F--Grand Jury Information Sharing
Sec. 6501. Grand jury information sharing.
Subtitle G--Providing Material Support to Terrorism
Sec. 6601. Short title.
Sec. 6602. Receiving military-type training from a foreign terrorist
organization.
Sec. 6603. Additions to offense of providing material support to
terrorism.
Sec. 6604. Financing of terrorism.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 6701. Short title.
Sec. 6702. Hoaxes and recovery costs.
Sec. 6703. Obstruction of justice and false statements in terrorism
cases.
Sec. 6704. Clarification of definition.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of
2004
Sec. 6801. Short title.
Sec. 6802. Weapons of mass destruction.
Sec. 6803. Participation in nuclear and weapons of mass destruction
threats to the United States.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of
2004
Sec. 6901. Short title.
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United
States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United
States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.
Subtitle K--Pretrial Detention of Terrorists
Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving
terrorism.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 7001. Short title.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
Sec. 7101. Findings.
Sec. 7102. Terrorist sanctuaries.
Sec. 7103. United States commitment to the future of Pakistan.
Sec. 7104. Assistance for Afghanistan.
Sec. 7105. The relationship between the United States and Saudi Arabia.
Sec. 7106. Efforts to combat Islamist terrorism.
Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.
Sec. 7109. Public diplomacy responsibilities of the Department of State.
Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international
organizations.
Sec. 7112. Expansion of United States scholarship and exchange programs
in the Islamic world.
Sec. 7113. Pilot program to provide grants to American-sponsored schools
in predominantly Muslim countries to provide scholarships.
Sec. 7114. International Youth Opportunity Fund.
Sec. 7115. The use of economic policies to combat terrorism.
Sec. 7116. Middle East partnership initiative.
Sec. 7117. Comprehensive coalition strategy for fighting terrorism.
Sec. 7118. Financing of terrorism.
Sec. 7119. Designation of foreign terrorist organizations.
Sec. 7120. Report to Congress.
Sec. 7121. Case-Zablocki Act requirements.
Sec. 7122. Effective date.
Subtitle B--Terrorist Travel and Effective Screening
Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.
Sec. 7203. Responsibilities and functions of consular officers.
Sec. 7204. International agreements to track and curtail terrorist
travel through the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration of names into the
Roman alphabet for international travel documents and name-
based watchlist systems.
Sec. 7206. Immigration security initiative.
Sec. 7207. Certification regarding technology for visa waiver
participants.
Sec. 7208. Biometric entry and exit data system.
Sec. 7209. Travel documents.
Sec. 7210. Exchange of terrorist information and increased preinspection
at foreign airports.
Sec. 7211. Minimum standards for birth certificates.
Sec. 7212. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers
on driver's licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.
Sec. 7216. Increase in penalties for fraud and related activity.
Sec. 7217. Study on allegedly lost or stolen passports.
Sec. 7218. Establishment of visa and passport security program in the
Department of State.
Sec. 7219. Effective date.
Sec. 7220. Identification standards.
Subtitle C--National Preparedness
Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.
Sec. 7303. Enhancement of public safety communications interoperability.
Sec. 7304. Regional model strategic plan pilot projects.
Sec. 7305. Private sector preparedness.
Sec. 7306. Critical infrastructure and readiness assessments.
Sec. 7307. Northern command and defense of the United States homeland.
Sec. 7308. Effective date.
Subtitle D--Homeland Security
Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.
Sec. 7403. Study regarding nationwide emergency notification system.
Sec. 7404. Pilot study to move warning systems into the modern digital
age.
Sec. 7405. Required coordination.
Sec. 7406. Emergency preparedness compacts.
Sec. 7407. Responsibilities of counternarcotics office.
Sec. 7408. Use of counternarcotics enforcement activities in certain
employee performance appraisals.
Subtitle E--Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.
Subtitle F--Presidential Transition
Sec. 7601. Presidential transition.
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
Sec. 7701. Improving international standards and cooperation to fight
terrorist financing.
Sec. 7702. Definitions.
Sec. 7703. Expanded reporting and testimony requirements for the
Secretary of the Treasury.
Sec. 7704. Coordination of United States Government efforts.
Subtitle H--Emergency Financial Preparedness
Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness
and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
Sec. 8101. Intelligence community use of National Infrastructure
Simulation and Analysis Center.
Subtitle B--Department of Homeland Security Matters
Sec. 8201. Homeland security geospatial information.
Subtitle C--Homeland Security Civil Rights and Civil Liberties
Protection
Sec. 8301. Short title.
Sec. 8302. Mission of Department of Homeland Security.
Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of
Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of
Homeland Security.
Subtitle D--Other Matters
Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency
planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets
for suspended air passenger service.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``National Security Intelligence
Reform Act of 2004''.
Subtitle A--Establishment of Director of National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE
COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by striking sections 102 through 104 and
inserting the following new sections:
``director of national intelligence
``Sec. 102. (a) Director of National Intelligence.--(1) There is a
Director of National Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate. Any
individual nominated for appointment as Director of National
Intelligence shall have extensive national security expertise.
``(2) The Director of National Intelligence shall not be located
within the Executive Office of the President.
``(b) Principal Responsibility.--Subject to the authority,
direction, and control of the President, the Director of National
Intelligence shall--
``(1) serve as head of the intelligence community;
``(2) act as the principal adviser to the President, to the
National Security Council, and the Homeland Security Council for
intelligence matters related to the national security; and
``(3) consistent with section 1018 of the National Security
Intelligence Reform Act of 2004, oversee and direct the
implementation of the National Intelligence Program.
``(c) Prohibition on Dual Service.--The individual serving in the
position of Director of National Intelligence shall not, while so
serving, also serve as the Director of the Central Intelligence Agency
or as the head of any other element of the intelligence community.
``responsibilities and authorities of the director of national
intelligence
``Sec. 102A. (a) Provision of Intelligence.--(1) The Director of
National Intelligence shall be responsible for ensuring that national
intelligence is provided--
``(A) to the President;
``(B) to the heads of departments and agencies of the executive
branch;
``(C) to the Chairman of the Joint Chiefs of Staff and senior
military commanders;
``(D) to the Senate and House of Representatives and the
committees thereof; and
``(E) to such other persons as the Director of National
Intelligence determines to be appropriate.
``(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all sources
available to the intelligence community and other appropriate entities.
``(b) Access to Intelligence.--Unless otherwise directed by the
President, the Director of National Intelligence shall have access to
all national intelligence and intelligence related to the national
security which is collected by any Federal department, agency, or other
entity, except as otherwise provided by law or, as appropriate, under
guidelines agreed upon by the Attorney General and the Director of
National Intelligence.
``(c) Budget Authorities.--(1) With respect to budget requests and
appropriations for the National Intelligence Program, the Director of
National Intelligence shall--
``(A) based on intelligence priorities set by the President,
provide to the heads of departments containing agencies or
organizations within the intelligence community, and to the heads
of such agencies and organizations, guidance for developing the
National Intelligence Program budget pertaining to such agencies
and organizations;
``(B) based on budget proposals provided to the Director of
National Intelligence by the heads of agencies and organizations
within the intelligence community and the heads of their respective
departments and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and determine an
annual consolidated National Intelligence Program budget; and
``(C) present such consolidated National Intelligence Program
budget, together with any comments from the heads of departments
containing agencies or organizations within the intelligence
community, to the President for approval.
``(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the intelligence
community shall provide the Director of National Intelligence such
other information as the Director shall request for the purpose of
determining the annual consolidated National Intelligence Program
budget under that paragraph.
``(3)(A) The Director of National Intelligence shall participate in
the development by the Secretary of Defense of the annual budgets for
the Joint Military Intelligence Program and for Tactical Intelligence
and Related Activities.
``(B) The Director of National Intelligence shall provide guidance
for the development of the annual budget for each element of the
intelligence community that is not within the National Intelligence
Program.
``(4) The Director of National Intelligence shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
``(5)(A) The Director of National Intelligence shall be responsible
for managing appropriations for the National Intelligence Program by
directing the allotment or allocation of such appropriations through
the heads of the departments containing agencies or organizations
within the intelligence community and the Director of the Central
Intelligence Agency, with prior notice (including the provision of
appropriate supporting information) to the head of the department
containing an agency or organization receiving any such allocation or
allotment or the Director of the Central Intelligence Agency.
``(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence Program, the
Director of the Office of Management and Budget shall exercise the
authority of the Director of the Office of Management and Budget to
apportion funds, at the exclusive direction of the Director of National
Intelligence, for allocation to the elements of the intelligence
community through the relevant host executive departments and the
Central Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or transfer
funds appropriated for the National Intelligence Program in an
expeditious manner.
``(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence Program by
the heads of the elements of the intelligence community that manage
programs and activities that are part of the National Intelligence
Program, which may include audits and evaluations.
``(6) Apportionment and allotment of funds under this subsection
shall be subject to chapter 13 and section 1517 of title 31, United
States Code, and the Congressional Budget and Impoundment Control Act
of 1974 (2 U.S.C. 621 et seq.).
``(7)(A) The Director of National Intelligence shall provide a
semi-annual report, beginning April 1, 2005, and ending April 1, 2007,
to the President and the Congress regarding implementation of this
section.
``(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after learning of any
instance in which a departmental comptroller acts in a manner
inconsistent with the law (including permanent statutes, authorization
Acts, and appropriations Acts), or the direction of the Director of
National Intelligence, in carrying out the National Intelligence
Program.
``(d) Role of Director of National Intelligence in Transfer and
Reprogramming of Funds.--(1)(A) No funds made available under the
National Intelligence Program may be transferred or reprogrammed
without the prior approval of the Director of National Intelligence,
except in accordance with procedures prescribed by the Director of
National Intelligence.
``(B) The Secretary of Defense shall consult with the Director of
National Intelligence before transferring or reprogramming funds made
available under the Joint Military Intelligence Program.
``(2) Subject to the succeeding provisions of this subsection, the
Director of National Intelligence may transfer or reprogram funds
appropriated for a program within the National Intelligence Program to
another such program.
``(3) The Director of National Intelligence may only transfer or
reprogram funds referred to in subparagraph (A)--
``(A) with the approval of the Director of the Office of
Management and Budget; and
``(B) after consultation with the heads of departments
containing agencies or organizations within the intelligence
community to the extent such agencies or organizations are
affected, and, in the case of the Central Intelligence Agency,
after consultation with the Director of the Central Intelligence
Agency.
``(4) The amounts available for transfer or reprogramming in the
National Intelligence Program in any given fiscal year, and the terms
and conditions governing such transfers and reprogrammings, are subject
to the provisions of annual appropriations Acts and this subsection.
``(5)(A) A transfer or reprogramming of funds or personnel may be
made under this subsection only if--
``(i) the funds are being transferred to an activity that is a
higher priority intelligence activity;
``(ii) the transfer or reprogramming supports an emergent need,
improves program effectiveness, or increases efficiency;
``(iii) the transfer or reprogramming does not involve a
transfer or reprogramming of funds to a Reserve for Contingencies
of the Director of National Intelligence or the Reserve for
Contingencies of the Central Intelligence Agency;
``(iv) the transfer or reprogramming results in a cumulative
transfer or reprogramming of funds out of any department or agency,
as appropriate, funded in the National Intelligence Program in a
single fiscal year--
``(I) that is less than $150,000,000, and
``(II) that is less than 5 percent of amounts available to
a department or agency under the National Intelligence Program;
and
``(v) the transfer or reprogramming does not terminate an
acquisition program.
``(B) A transfer or reprogramming may be made without regard to a
limitation set forth in clause (iv) or (v) of subparagraph (A) if the
transfer has the concurrence of the head of the department involved or
the Director of the Central Intelligence Agency (in the case of the
Central Intelligence Agency). The authority to provide such concurrence
may only be delegated by the head of the department or agency involved
to the deputy of such officer.
``(6) Funds transferred or reprogrammed under this subsection shall
remain available for the same period as the appropriations account to
which transferred or reprogrammed.
``(7) Any transfer or reprogramming of funds under this subsection
shall be carried out in accordance with existing procedures applicable
to reprogramming notifications for the appropriate congressional
committees. Any proposed transfer or reprogramming for which notice is
given to the appropriate congressional committees shall be accompanied
by a report explaining the nature of the proposed transfer or
reprogramming and how it satisfies the requirements of this subsection.
In addition, the congressional intelligence committees shall be
promptly notified of any transfer or reprogramming of funds made
pursuant to this subsection in any case in which the transfer or
reprogramming would not have otherwise required reprogramming
notification under procedures in effect as of the date of the enactment
of this subsection.
``(e) Transfer of Personnel.--(1)(A) In addition to any other
authorities available under law for such purposes, in the first twelve
months after establishment of a new national intelligence center, the
Director of National Intelligence, with the approval of the Director of
the Office of Management and Budget and in consultation with the
congressional committees of jurisdiction referred to in subparagraph
(B), may transfer not more than 100 personnel authorized for elements
of the intelligence community to such center.
``(B) The Director of National Intelligence shall promptly provide
notice of any transfer of personnel made pursuant to this paragraph
to--
``(i) the congressional intelligence committees;
``(ii) the Committees on Appropriations of the Senate and the
House of Representatives;
``(iii) in the case of the transfer of personnel to or from the
Department of Defense, the Committees on Armed Services of the
Senate and the House of Representatives; and
``(iv) in the case of the transfer of personnel to or from the
Department of Justice, to the Committees on the Judiciary of the
Senate and the House of Representatives.
``(C) The Director shall include in any notice under subparagraph
(B) an explanation of the nature of the transfer and how it satisfies
the requirements of this subsection.
``(2)(A) The Director of National Intelligence, with the approval
of the Director of the Office of Management and Budget and in
accordance with procedures to be developed by the Director of National
Intelligence and the heads of the departments and agencies concerned,
may transfer personnel authorized for an element of the intelligence
community to another such element for a period of not more than 2
years.
``(B) A transfer of personnel may be made under this paragraph only
if--
``(i) the personnel are being transferred to an activity that
is a higher priority intelligence activity; and
``(ii) the transfer supports an emergent need, improves program
effectiveness, or increases efficiency.
``(C) The Director of National Intelligence shall promptly provide
notice of any transfer of personnel made pursuant to this paragraph
to--
``(i) the congressional intelligence committees;
``(ii) in the case of the transfer of personnel to or from the
Department of Defense, the Committees on Armed Services of the
Senate and the House of Representatives; and
``(iii) in the case of the transfer of personnel to or from the
Department of Justice, to the Committees on the Judiciary of the
Senate and the House of Representatives.
``(D) The Director shall include in any notice under subparagraph
(C) an explanation of the nature of the transfer and how it satisfies
the requirements of this paragraph.
``(3) It is the sense of Congress that--
``(A) the nature of the national security threats facing the
United States will continue to challenge the intelligence community
to respond rapidly and flexibly to bring analytic resources to bear
against emerging and unforeseen requirements;
``(B) both the Office of the Director of National Intelligence
and any analytic centers determined to be necessary should be fully
and properly supported with appropriate levels of personnel
resources and that the President's yearly budget requests
adequately support those needs; and
``(C) the President should utilize all legal and administrative
discretion to ensure that the Director of National Intelligence and
all other elements of the intelligence community have the necessary
resources and procedures to respond promptly and effectively to
emerging and unforeseen national security challenges.
``(f) Tasking and Other Authorities.--(1)(A) The Director of
National Intelligence shall--
``(i) establish objectives, priorities, and guidance for the
intelligence community to ensure timely and effective collection,
processing, analysis, and dissemination (including access by users
to collected data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection (b) and
analytic products generated by or within the intelligence
community) of national intelligence;
``(ii) determine requirements and priorities for, and manage
and direct the tasking of, collection, analysis, production, and
dissemination of national intelligence by elements of the
intelligence community, including--
``(I) approving requirements (including those requirements
responding to needs provided by consumers) for collection and
analysis; and
``(II) resolving conflicts in collection requirements and
in the tasking of national collection assets of the elements of
the intelligence community; and
``(iii) provide advisory tasking to intelligence elements of
those agencies and departments not within the National Intelligence
Program.
``(B) The authority of the Director of National Intelligence under
subparagraph (A) shall not apply--
``(i) insofar as the President so directs;
``(ii) with respect to clause (ii) of subparagraph (A), insofar
as the Secretary of Defense exercises tasking authority under plans
or arrangements agreed upon by the Secretary of Defense and the
Director of National Intelligence; or
``(iii) to the direct dissemination of information to State
government and local government officials and private sector
entities pursuant to sections 201 and 892 of the Homeland Security
Act of 2002 (6 U.S.C. 121, 482).
``(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center and may establish such other national
intelligence centers as the Director determines necessary.
``(3)(A) The Director of National Intelligence shall prescribe, in
consultation with the heads of other agencies or elements of the
intelligence community, and the heads of their respective departments,
personnel policies and programs applicable to the intelligence
community that--
``(i) encourage and facilitate assignments and details of
personnel to national intelligence centers, and between elements of
the intelligence community;
``(ii) set standards for education, training, and career
development of personnel of the intelligence community;
``(iii) encourage and facilitate the recruitment and retention
by the intelligence community of highly qualified individuals for
the effective conduct of intelligence activities;
``(iv) ensure that the personnel of the intelligence community
are sufficiently diverse for purposes of the collection and
analysis of intelligence through the recruitment and training of
women, minorities, and individuals with diverse ethnic, cultural,
and linguistic backgrounds;
``(v) make service in more than one element of the intelligence
community a condition of promotion to such positions within the
intelligence community as the Director shall specify; and
``(vi) ensure the effective management of intelligence
community personnel who are responsible for intelligence community-
wide matters.
``(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable to
members of the uniformed services.
``(4) The Director of National Intelligence shall ensure compliance
with the Constitution and laws of the United States by the Central
Intelligence Agency and shall ensure such compliance by other elements
of the intelligence community through the host executive departments
that manage the programs and activities that are part of the National
Intelligence Program.
``(5) The Director of National Intelligence shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
``(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence information to be
collected under the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), and provide assistance to the Attorney General to
ensure that information derived from electronic surveillance or
physical searches under that Act is disseminated so it may be used
efficiently and effectively for national intelligence purposes, except
that the Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant to that
Act unless authorized by statute or Executive order.
``(7) The Director of National Intelligence shall perform such
other functions as the President may direct.
``(8) Nothing in this title shall be construed as affecting the
role of the Department of Justice or the Attorney General under the
Foreign Intelligence Surveillance Act of 1978.
``(g) Intelligence Information Sharing.--(1) The Director of
National Intelligence shall have principal authority to ensure maximum
availability of and access to intelligence information within the
intelligence community consistent with national security requirements.
The Director of National Intelligence shall--
``(A) establish uniform security standards and procedures;
``(B) establish common information technology standards,
protocols, and interfaces;
``(C) ensure development of information technology systems that
include multi-level security and intelligence integration
capabilities;
``(D) establish policies and procedures to resolve conflicts
between the need to share intelligence information and the need to
protect intelligence sources and methods;
``(E) develop an enterprise architecture for the intelligence
community and ensure that elements of the intelligence community
comply with such architecture; and
``(F) have procurement approval authority over all enterprise
architecture-related information technology items funded in the
National Intelligence Program.
``(2) The President shall ensure that the Director of National
Intelligence has all necessary support and authorities to fully and
effectively implement paragraph (1).
``(3) Except as otherwise directed by the President or with the
specific written agreement of the head of the department or agency in
question, a Federal agency or official shall not be considered to have
met any obligation to provide any information, report, assessment, or
other material (including unevaluated intelligence information) to that
department or agency solely by virtue of having provided that
information, report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
``(4) Not later than February 1 of each year, the Director of
National Intelligence shall submit to the President and to the Congress
an annual report that identifies any statute, regulation, policy, or
practice that the Director believes impedes the ability of the Director
to fully and effectively implement paragraph (1).
``(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national security
needs, the Director of National Intelligence shall--
``(1) implement policies and procedures--
``(A) to encourage sound analytic methods and tradecraft
throughout the elements of the intelligence community;
``(B) to ensure that analysis is based upon all sources
available; and
``(C) to ensure that the elements of the intelligence
community regularly conduct competitive analysis of analytic
products, whether such products are produced by or disseminated
to such elements;
``(2) ensure that resource allocation for intelligence analysis
is appropriately proportional to resource allocation for
intelligence collection systems and operations in order to maximize
analysis of all collected data;
``(3) ensure that differences in analytic judgment are fully
considered and brought to the attention of policymakers; and
``(4) ensure that sufficient relationships are established
between intelligence collectors and analysts to facilitate greater
understanding of the needs of analysts.
``(i) Protection of Intelligence Sources and Methods.--(1) The
Director of National Intelligence shall protect intelligence sources
and methods from unauthorized disclosure.
``(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National Intelligence
shall establish and implement guidelines for the intelligence community
for the following purposes:
``(A) Classification of information under applicable law,
Executive orders, or other Presidential directives.
``(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
``(C) Preparation of intelligence products in such a way that
source information is removed to allow for dissemination at the
lowest level of classification possible or in unclassified form to
the extent practicable.
``(3) The Director may only delegate a duty or authority given the
Director under this subsection to the Principal Deputy Director of
National Intelligence.
``(j) Uniform Procedures for Sensitive Compartmented Information.--
The Director of National Intelligence, subject to the direction of the
President, shall--
``(1) establish uniform standards and procedures for the grant
of access to sensitive compartmented information to any officer or
employee of any agency or department of the United States and to
employees of contractors of those agencies or departments;
``(2) ensure the consistent implementation of those standards
and procedures throughout such agencies and departments;
``(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts entered
into by those agencies; and
``(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most expeditious
manner possible consistent with applicable standards for national
security.
``(k) Coordination With Foreign Governments.--Under the direction
of the President and in a manner consistent with section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of National
Intelligence shall oversee the coordination of the relationships
between elements of the intelligence community and the intelligence or
security services of foreign governments or international organizations
on all matters involving intelligence related to the national security
or involving intelligence acquired through clandestine means.
``(l) Enhanced Personnel Management.--(1)(A) The Director of
National Intelligence shall, under regulations prescribed by the
Director, provide incentives for personnel of elements of the
intelligence community to serve--
``(i) on the staff of the Director of National Intelligence;
``(ii) on the staff of the national intelligence centers;
``(iii) on the staff of the National Counterterrorism Center;
and
``(iv) in other positions in support of the intelligence
community management functions of the Director.
``(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as the
Director considers appropriate.
``(2)(A) Notwithstanding any other provision of law, the personnel
of an element of the intelligence community who are assigned or
detailed under paragraph (1)(A) to service under the Director of
National Intelligence shall be promoted at rates equivalent to or
better than personnel of such element who are not so assigned or
detailed.
``(B) The Director may prescribe regulations to carry out this
section.
``(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the intelligence
community through various elements of the intelligence community in the
course of their careers in order to facilitate the widest possible
understanding by such personnel of the variety of intelligence
requirements, methods, users, and capabilities.
``(B) The mechanisms prescribed under subparagraph (A) may include
the following:
``(i) The establishment of special occupational categories
involving service, over the course of a career, in more than one
element of the intelligence community.
``(ii) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two or
more elements of the intelligence community.
``(iii) The establishment of requirements for education,
training, service, and evaluation for service involving more than
one element of the intelligence community.
``(C) It is the sense of Congress that the mechanisms prescribed
under this subsection should, to the extent practical, seek to
duplicate for civilian personnel within the intelligence community the
joint officer management policies established by chapter 38 of title
10, United States Code, and the other amendments made by title IV of
the Goldwater-Nichols Department of Defense Reorganization Act of 1986
(Public Law 99-433).
``(4)(A) Except as provided in subparagraph (B) and subparagraph
(D), this subsection shall not apply with respect to personnel of the
elements of the intelligence community who are members of the uniformed
services.
``(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with respect to
members of the uniformed services who are assigned to an element of the
intelligence community funded through the National Intelligence
Program, but such mechanisms shall not be inconsistent with personnel
policies and education and training requirements otherwise applicable
to members of the uniformed services.
``(C) The personnel policies and programs developed and implemented
under this subsection with respect to law enforcement officers (as that
term is defined in section 5541(3) of title 5, United States Code)
shall not affect the ability of law enforcement entities to conduct
operations or, through the applicable chain of command, to control the
activities of such law enforcement officers.
``(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall be
considered a joint-duty assignment for purposes of the joint officer
management policies prescribed by chapter 38 of title 10, United States
Code, and other provisions of that title.
``(m) Additional Authority With Respect to Personnel.--(1) In
addition to the authorities under subsection (f)(3), the Director of
National Intelligence may exercise with respect to the personnel of the
Office of the Director of National Intelligence any authority of the
Director of the Central Intelligence Agency with respect to the
personnel of the Central Intelligence Agency under the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment of this
subsection to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
``(2) Employees and applicants for employment of the Office of the
Director of National Intelligence shall have the same rights and
protections under the Office of the Director of National Intelligence
as employees of the Central Intelligence Agency have under the Central
Intelligence Agency Act of 1949, and other applicable provisions of
law, as of the date of the enactment of this subsection.
``(n) Acquisition Authorities.--(1) In carrying out the
responsibilities and authorities under this section, the Director of
National Intelligence may exercise the acquisition and appropriations
authorities referred to in the Central Intelligence Agency Act of 1949
(50 U.S.C. 403a et seq.) other than the authorities referred to in
section 8(b) of that Act (50 U.S.C. 403j(b)).
``(2) For the purpose of the exercise of any authority referred to
in paragraph (1), a reference to the head of an agency shall be deemed
to be a reference to the Director of National Intelligence or the
Principal Deputy Director of National Intelligence.
``(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency may be
made with respect to individual purchases and contracts or with respect
to classes of purchases or contracts, and shall be final.
``(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of National
Intelligence may, in such official's discretion, delegate to any
officer or other official of the Office of the Director of National
Intelligence any authority to make a determination or decision as the
head of the agency under an authority referred to in paragraph (1).
``(C) The limitations and conditions set forth in section 3(d) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall
apply to the exercise by the Director of National Intelligence of an
authority referred to in paragraph (1).
``(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the Central
Intelligence Agency Act of 1949 shall be based upon written findings
made by the official making such determination or decision, which
findings shall be final and shall be available within the Office of the
Director of National Intelligence for a period of at least six years
following the date of such determination or decision.
``(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities under this
section, the Director of National Intelligence shall take into account
the views of a head of a department containing an element of the
intelligence community and of the Director of the Central Intelligence
Agency.
``(p) Responsibility of Director of National Intelligence Regarding
National Intelligence Program Budget Concerning the Department of
Defense.--Subject to the direction of the President, the Director of
National Intelligence shall, after consultation with the Secretary of
Defense, ensure that the National Intelligence Program budgets for the
elements of the intelligence community that are within the Department
of Defense are adequate to satisfy the national intelligence needs of
the Department of Defense, including the needs of the Chairman of the
Joint Chiefs of Staff and the commanders of the unified and specified
commands, and wherever such elements are performing Government-wide
functions, the needs of other Federal departments and agencies.
``(q) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the acquisition of
a major system, the Director of National Intelligence shall--
``(A) require the development and implementation of a program
management plan that includes cost, schedule, and performance goals
and program milestone criteria, except that with respect to
Department of Defense programs the Director shall consult with the
Secretary of Defense;
``(B) serve as exclusive milestone decision authority, except
that with respect to Department of Defense programs the Director
shall serve as milestone decision authority jointly with the
Secretary of Defense or the designee of the Secretary; and
``(C) periodically--
``(i) review and assess the progress made toward the
achievement of the goals and milestones established in such
plan; and
``(ii) submit to Congress a report on the results of such
review and assessment.
``(2) If the Director of National Intelligence and the Secretary of
Defense are unable to reach an agreement on a milestone decision under
paragraph (1)(B), the President shall resolve the conflict.
``(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate to any
other official any authority to perform the responsibilities of the
Director under this subsection.
``(4) In this subsection:
``(A) The term `intelligence program', with respect to the
acquisition of a major system, means a program that--
``(i) is carried out to acquire such major system for an
element of the intelligence community; and
``(ii) is funded in whole out of amounts available for the
National Intelligence Program.
``(B) The term `major system' has the meaning given such term
in section 4(9) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 403(9)).
``(r) Performance of Common Services.--The Director of National
Intelligence shall, in consultation with the heads of departments and
agencies of the United States Government containing elements within the
intelligence community and with the Director of the Central
Intelligence Agency, coordinate the performance by the elements of the
intelligence community within the National Intelligence Program of such
services as are of common concern to the intelligence community, which
services the Director of National Intelligence determines can be more
efficiently accomplished in a consolidated manner.
``office of the director of national intelligence
``Sec. 103. (a) Office of Director of National Intelligence.--There
is an Office of the Director of National Intelligence.
``(b) Function.--The function of the Office of the Director of
National Intelligence is to assist the Director of National
Intelligence in carrying out the duties and responsibilities of the
Director under this Act, the National Security Act of 1947 (50 U.S.C.
401 et seq.), and other applicable provisions of law, and to carry out
such other duties as may be prescribed by the President or by law.
``(c) Composition.--The Office of the Director of National
Intelligence is composed of the following:
``(1) The Director of National Intelligence.
``(2) The Principal Deputy Director of National Intelligence.
``(3) Any Deputy Director of National Intelligence appointed
under section 103A.
``(4) The National Intelligence Council.
``(5) The General Counsel.
``(6) The Civil Liberties Protection Officer.
``(7) The Director of Science and Technology.
``(8) The National Counterintelligence Executive (including the
Office of the National Counterintelligence Executive).
``(9) Such other offices and officials as may be established by
law or the Director may establish or designate in the Office,
including national intelligence centers.
``(d) Staff.--(1) To assist the Director of National Intelligence
in fulfilling the duties and responsibilities of the Director, the
Director shall employ and utilize in the Office of the Director of
National Intelligence a professional staff having an expertise in
matters relating to such duties and responsibilities, and may establish
permanent positions and appropriate rates of pay with respect to that
staff.
``(2) The staff of the Office of the Director of National
Intelligence under paragraph (1) shall include the staff of the Office
of the Deputy Director of Central Intelligence for Community Management
that is transferred to the Office of the Director of National
Intelligence under section 1091 of the National Security Intelligence
Reform Act of 2004.
``(e) Limitation on Co-Location With Other Elements of Intelligence
Community.--Commencing as of October 1, 2008, the Office of the
Director of National Intelligence may not be co-located with any other
element of the intelligence community.
``deputy directors of national intelligence
``Sec. 103A. (a) Principal Deputy Director of National
Intelligence.--(1) There is a Principal Deputy Director of National
Intelligence who shall be appointed by the President, by and with the
advice and consent of the Senate.
``(2) In the event of a vacancy in the position of Principal Deputy
Director of National Intelligence, the Director of National
Intelligence shall recommend to the President an individual for
appointment as Principal Deputy Director of National Intelligence.
``(3) Any individual nominated for appointment as Principal Deputy
Director of National Intelligence shall have extensive national
security experience and management expertise.
``(4) The individual serving as Principal Deputy Director of
National Intelligence shall not, while so serving, serve in any
capacity in any other element of the intelligence community.
``(5) The Principal Deputy Director of National Intelligence shall
assist the Director of National Intelligence in carrying out the duties
and responsibilities of the Director.
``(6) The Principal Deputy Director of National Intelligence shall
act for, and exercise the powers of, the Director of National
Intelligence during the absence or disability of the Director of
National Intelligence or during a vacancy in the position of Director
of National Intelligence.
``(b) Deputy Directors of National Intelligence.--(1) There may be
not more than four Deputy Directors of National Intelligence who shall
be appointed by the Director of National Intelligence.
``(2) Each Deputy Director of National Intelligence appointed under
this subsection shall have such duties, responsibilities, and
authorities as the Director of National Intelligence may assign or are
specified by law.
``(c) Military Status of Director of National Intelligence and
Principal Deputy Director of National Intelligence.--(1) Not more than
one of the individuals serving in the positions specified in paragraph
(2) may be a commissioned officer of the Armed Forces in active status.
``(2) The positions referred to in this paragraph are the
following:
``(A) The Director of National Intelligence.
``(B) The Principal Deputy Director of National Intelligence.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed Forces, in active
status; or
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(4) A commissioned officer of the Armed Forces, while serving in
a position specified in paragraph (2)--
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) shall not exercise, by reason of the officer's status as
a commissioned officer, any supervision or control with respect to
any of the military or civilian personnel of the Department of
Defense except as otherwise authorized by law; and
``(C) shall not be counted against the numbers and percentages
of commissioned officers of the rank and grade of such officer
authorized for the military department of that officer.
``(5) Except as provided in subparagraph (A) or (B) of paragraph
(4), the appointment of an officer of the Armed Forces to a position
specified in paragraph (2) shall not affect the status, position, rank,
or grade of such officer in the Armed Forces, or any emolument,
perquisite, right, privilege, or benefit incident to or arising out of
such status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active duty who
is appointed to a position specified in paragraph (2), while serving in
such position and while remaining on active duty, shall continue to
receive military pay and allowances and shall not receive the pay
prescribed for such position. Funds from which such pay and allowances
are paid shall be reimbursed from funds available to the Director of
National Intelligence.
``national intelligence council
``Sec. 103B. (a) National Intelligence Council.--There is a
National Intelligence Council.
``(b) Composition.--(1) The National Intelligence Council shall be
composed of senior analysts within the intelligence community and
substantive experts from the public and private sector, who shall be
appointed by, report to, and serve at the pleasure of, the Director of
National Intelligence.
``(2) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as a
condition of service on the Council, or as contractors of the Council
or employees of such contractors, to ensure the protection of
intelligence sources and methods while avoiding, wherever possible,
unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
``(c) Duties and Responsibilities.--(1) The National Intelligence
Council shall--
``(A) produce national intelligence estimates for the United
States Government, including alternative views held by elements of
the intelligence community and other information as specified in
paragraph (2);
``(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements and
resources of such collection and production; and
``(C) otherwise assist the Director of National Intelligence in
carrying out the responsibilities of the Director under section
102A.
``(2) The Director of National Intelligence shall ensure that the
Council satisfies the needs of policymakers and other consumers of
intelligence.
``(d) Service as Senior Intelligence Advisers.--Within their
respective areas of expertise and under the direction of the Director
of National Intelligence, the members of the National Intelligence
Council shall constitute the senior intelligence advisers of the
intelligence community for purposes of representing the views of the
intelligence community within the United States Government.
``(e) Authority To Contract.--Subject to the direction and control
of the Director of National Intelligence, the National Intelligence
Council may carry out its responsibilities under this section by
contract, including contracts for substantive experts necessary to
assist the Council with particular assessments under this section.
``(f) Staff.--The Director of National Intelligence shall make
available to the National Intelligence Council such staff as may be
necessary to permit the Council to carry out its responsibilities under
this section.
``(g) Availability of Council and Staff.--(1) The Director of
National Intelligence shall take appropriate measures to ensure that
the National Intelligence Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
``(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
``(h) Support.--The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the National
Intelligence Council, including the preparation of intelligence
analyses, as may be required by the Director of National Intelligence.
``(i) National Intelligence Council Product.--For purposes of this
section, the term `National Intelligence Council product' includes a
National Intelligence Estimate and any other intelligence community
assessment that sets forth the judgment of the intelligence community
as a whole on a matter covered by such product.
``general counsel
``Sec. 103C. (a) General Counsel.--There is a General Counsel of
the Office of the Director of National Intelligence who shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(b) Prohibition on Dual Service as General Counsel of Another
Agency.--The individual serving in the position of General Counsel may
not, while so serving, also serve as the General Counsel of any other
department, agency, or element of the United States Government.
``(c) Scope of Position.--The General Counsel is the chief legal
officer of the Office of the Director of National Intelligence.
``(d) Functions.--The General Counsel shall perform such functions
as the Director of National Intelligence may prescribe.
``civil liberties protection officer
``Sec. 103D. (a) Civil Liberties Protection Officer.--(1) Within
the Office of the Director of National Intelligence, there is a Civil
Liberties Protection Officer who shall be appointed by the Director of
National Intelligence.
``(2) The Civil Liberties Protection Officer shall report directly
to the Director of National Intelligence.
``(b) Duties.--The Civil Liberties Protection Officer shall--
``(1) ensure that the protection of civil liberties and privacy
is appropriately incorporated in the policies and procedures
developed for and implemented by the Office of the Director of
National Intelligence and the elements of the intelligence
community within the National Intelligence Program;
``(2) oversee compliance by the Office and the Director of
National Intelligence with requirements under the Constitution and
all laws, regulations, Executive orders, and implementing
guidelines relating to civil liberties and privacy;
``(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in the
administration of the programs and operations of the Office and the
Director of National Intelligence and, as appropriate, investigate
any such complaint or information;
``(4) ensure that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection, and
disclosure of personal information;
``(5) ensure that personal information contained in a system of
records subject to section 552a of title 5, United States Code
(popularly referred to as the `Privacy Act'), is handled in full
compliance with fair information practices as set out in that
section;
``(6) conduct privacy impact assessments when appropriate or as
required by law; and
``(7) perform such other duties as may be prescribed by the
Director of National Intelligence or specified by law.
``(c) Use of Agency Inspectors General.--When appropriate, the
Civil Liberties Protection Officer may refer complaints to the Office
of Inspector General having responsibility for the affected element of
the department or agency of the intelligence community to conduct an
investigation under paragraph (3) of subsection (b).
``Director of Science and Technology
``Sec. 103E. (a) Director of Science and Technology.--There is a
Director of Science and Technology within the Office of the Director of
National Intelligence who shall be appointed by the Director of
National Intelligence.
``(b) Requirement Relating to Appointment.--An individual appointed
as Director of Science and Technology shall have a professional
background and experience appropriate for the duties of the Director of
Science and Technology.
``(c) Duties.--The Director of Science and Technology shall--
``(1) act as the chief representative of the Director of
National Intelligence for science and technology;
``(2) chair the Director of National Intelligence Science and
Technology Committee under subsection (d);
``(3) assist the Director in formulating a long-term strategy
for scientific advances in the field of intelligence;
``(4) assist the Director on the science and technology
elements of the budget of the Office of the Director of National
Intelligence; and
``(5) perform other such duties as may be prescribed by the
Director of National Intelligence or specified by law.
``(d) Director of National Intelligence Science and Technology
Committee.--(1) There is within the Office of the Director of Science
and Technology a Director of National Intelligence Science and
Technology Committee.
``(2) The Committee shall be composed of the principal science
officers of the National Intelligence Program.
``(3) The Committee shall--
``(A) coordinate advances in research and development related
to intelligence; and
``(B) perform such other functions as the Director of Science
and Technology shall prescribe.
``national counterintelligence executive
``Sec. 103F. (a) National Counterintelligence Executive.--The
National Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402b et seq.) is a component of the Office of the
Director of National Intelligence.
``(b) Duties.--The National Counterintelligence Executive shall
perform the duties provided in the Counterintelligence Enhancement Act
of 2002 and such other duties as may be prescribed by the Director of
National Intelligence or specified by law.
``central intelligence agency
``Sec. 104. (a) Central Intelligence Agency.--There is a Central
Intelligence Agency.
``(b) Function.--The function of the Central Intelligence Agency is
to assist the Director of the Central Intelligence Agency in carrying
out the responsibilities specified in section 104A(c).
``director of the central intelligence agency
``Sec. 104A. (a) Director of Central Intelligence Agency.--There is
a Director of the Central Intelligence Agency who shall be appointed by
the President, by and with the advice and consent of the Senate.
``(b) Supervision.--The Director of the Central Intelligence Agency
shall report to the Director of National Intelligence regarding the
activities of the Central Intelligence Agency.
``(c) Duties.--The Director of the Central Intelligence Agency
shall--
``(1) serve as the head of the Central Intelligence Agency; and
``(2) carry out the responsibilities specified in subsection
(d).
``(d) Responsibilities.--The Director of the Central Intelligence
Agency shall--
``(1) collect intelligence through human sources and by other
appropriate means, except that the Director of the Central
Intelligence Agency shall have no police, subpoena, or law
enforcement powers or internal security functions;
``(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
``(3) provide overall direction for and coordination of the
collection of national intelligence outside the United States
through human sources by elements of the intelligence community
authorized to undertake such collection and, in coordination with
other departments, agencies, or elements of the United States
Government which are authorized to undertake such collection,
ensure that the most effective use is made of resources and that
appropriate account is taken of the risks to the United States and
those involved in such collection; and
``(4) perform such other functions and duties related to
intelligence affecting the national security as the President or
the Director of National Intelligence may direct.
``(e) Termination of Employment of CIA Employees.--(1)
Notwithstanding the provisions of any other law, the Director of the
Central Intelligence Agency may, in the discretion of the Director,
terminate the employment of any officer or employee of the Central
Intelligence Agency whenever the Director deems the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
``(2) Any termination of employment of an officer or employee under
paragraph (1) shall not affect the right of the officer or employee to
seek or accept employment in any other department, agency, or element
of the United States Government if declared eligible for such
employment by the Office of Personnel Management.
``(f) Coordination With Foreign Governments.--Under the direction
of the Director of National Intelligence and in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927),
the Director of the Central Intelligence Agency shall coordinate the
relationships between elements of the intelligence community and the
intelligence or security services of foreign governments or
international organizations on all matters involving intelligence
related to the national security or involving intelligence acquired
through clandestine means.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in the face of
great personal dangers;
(2) during an extended period of unprecedented investment and
improvements in technical collection means, the human intelligence
capabilities of the United States have not received the necessary
and commensurate priorities;
(3) human intelligence is becoming an increasingly important
capability to provide information on the asymmetric threats to the
national security of the United States;
(4) the continued development and improvement of a robust and
empowered and flexible human intelligence work force is critical to
identifying, understanding, and countering the plans and intentions
of the adversaries of the United States; and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligence capabilities
of the United States intelligence community must be among the top
priorities of the Director of National Intelligence.
(c) Transformation of Central Intelligence Agency.--The Director of
the Central Intelligence Agency shall, in accordance with standards
developed by the Director in consultation with the Director of National
Intelligence--
(1) enhance the analytic, human intelligence, and other
capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program within
the Agency;
(3) emphasize the hiring of personnel of diverse backgrounds
for purposes of improving the capabilities of the Agency;
(4) establish and maintain effective relationships between
human intelligence and signals intelligence within the Agency at
the operational level; and
(5) achieve a more effective balance within the Agency with
respect to unilateral operations and liaison operations.
(d) Report.--(1) Not later than 180 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the Director of National Intelligence and the
congressional intelligence committees a report setting forth the
following:
(A) A strategy for improving the conduct of analysis (including
strategic analysis) by the Central Intelligence Agency, and the
progress of the Agency in implementing that strategy.
(B) A strategy for improving the human intelligence and other
capabilities of the Agency, and the progress of the Agency in
implementing that strategy.
(2)(A) The information in the report under paragraph (1) on the
strategy referred to in paragraph (1)(B) shall--
(i) identify the number and types of personnel required to
implement that strategy;
(ii) include a plan for the recruitment, training, equipping,
and deployment of such personnel; and
(iii) set forth an estimate of the costs of such activities.
(B) If as of the date of the report under paragraph (1), a proper
balance does not exist between unilateral operations and liaison
operations, such report shall set forth the steps to be taken to
achieve such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended to read as follows:
``(5) The terms `national intelligence' and `intelligence
related to national security' refer to all intelligence, regardless
of the source from which derived and including information gathered
within or outside the United States, that--
``(A) pertains, as determined consistent with any guidance
issued by the President, to more than one United States
Government agency; and
``(B) that involves--
``(i) threats to the United States, its people,
property, or interests;
``(ii) the development, proliferation, or use of
weapons of mass destruction; or
``(iii) any other matter bearing on United States
national or homeland security.''.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN
DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
(a) Development of Procedures.--The Director of National
Intelligence, in consultation with the Secretary of Defense and the
Director of the Central Intelligence Agency, shall develop joint
procedures to be used by the Department of Defense and the Central
Intelligence Agency to improve the coordination and deconfliction of
operations that involve elements of both the Armed Forces and the
Central Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those procedures
shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central Intelligence
Agency and the Secretary of Defense can improve communication and
coordination in the planning, execution, and sustainment of
operations, including, as a minimum--
(A) information exchange between senior officials of the
Central Intelligence Agency and senior officers and officials
of the Department of Defense when planning for such an
operation commences by either organization; and
(B) exchange of information between the Secretary and the
Director of the Central Intelligence Agency to ensure that
senior operational officials in both the Department of Defense
and the Central Intelligence Agency have knowledge of the
existence of the ongoing operations of the other.
(2) When appropriate, in cases where the Department of Defense
and the Central Intelligence Agency are conducting separate
missions in the same geographical area, a mutual agreement on the
tactical and strategic objectives for the region and a clear
delineation of operational responsibilities to prevent conflict and
duplication of effort.
(b) Implementation Report.--Not later than 180 days after the date
of the enactment of the Act, the Director of National Intelligence
shall submit to the congressional defense committees (as defined in
section 101 of title 10, United States Code) and the congressional
intelligence committees (as defined in section 3(7) of the National
Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the
procedures established pursuant to subsection (a) and the status of the
implementation of those procedures.
SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF
CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C. 403-6)
is amended by striking all after the heading and inserting the
following:
``(a) Recommendation of DNI in Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph (2), the
Director of National Intelligence shall recommend to the President an
individual for nomination to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Principal Deputy Director of National Intelligence.
``(B) The Director of the Central Intelligence Agency.
``(b) Concurrence of DNI in Appointments to Positions in the
Intelligence Community.--(1) In the event of a vacancy in a position
referred to in paragraph (2), the head of the department or agency
having jurisdiction over the position shall obtain the concurrence of
the Director of National Intelligence before appointing an individual
to fill the vacancy or recommending to the President an individual to
be nominated to fill the vacancy. If the Director does not concur in
the recommendation, the head of the department or agency concerned may
not fill the vacancy or make the recommendation to the President (as
the case may be). In the case in which the Director does not concur in
such a recommendation, the Director and the head of the department or
agency concerned may advise the President directly of the intention to
withhold concurrence or to make a recommendation, as the case may be.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the National Security Agency.
``(B) The Director of the National Reconnaissance Office.
``(C) The Director of the National Geospatial-Intelligence
Agency.
``(D) The Assistant Secretary of State for Intelligence and
Research.
``(E) The Director of the Office of Intelligence of the
Department of Energy.
``(F) The Director of the Office of Counterintelligence of the
Department of Energy.
``(G) The Assistant Secretary for Intelligence and Analysis of
the Department of the Treasury.
``(H) The Executive Assistant Director for Intelligence of the
Federal Bureau of Investigation or any successor to that position.
``(I) The Assistant Secretary of Homeland Security for
Information Analysis.
``(c) Consultation With DNI in Certain Positions.--(1) In the event
of a vacancy in a position referred to in paragraph (2), the head of
the department or agency having jurisdiction over the position shall
consult with the Director of National Intelligence before appointing an
individual to fill the vacancy or recommending to the President an
individual to be nominated to fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Commandant of the Coast Guard for
Intelligence.''.
SEC. 1015. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5, United
States Code, is amended by adding at the end the following new item:
``Director of National Intelligence.''.
(b) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following new items:
``Principal Deputy Director of National Intelligence.
``Director of the National Counterterrorism Center.
``Director of the National Counter Proliferation Center.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended--
(1) by striking the item relating to the Assistant Directors of
Central Intelligence; and
(2) by adding at the end the following new item:
``General Counsel of the Office of the National Intelligence
Director.''.
SEC. 1016. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Information sharing council.--The term ``Information
Sharing Council'' means the Information Systems Council established
by Executive Order 13356, or any successor body designated by the
President, and referred to under subsection (g).
(2) Information sharing environment; ise.--The terms
``information sharing environment'' and ``ISE'' mean an approach
that facilitates the sharing of terrorism information, which
approach may include any methods determined necessary and
appropriate for carrying out this section.
(3) Program manager.--The term ``program manager'' means the
program manager designated under subsection (f).
(4) Terrorism information.--The term ``terrorism information''
means all information, whether collected, produced, or distributed
by intelligence, law enforcement, military, homeland security, or
other activities relating to--
(A) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals
involved in transnational terrorism;
(B) threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to those of other nations;
(C) communications of or by such groups or individuals; or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals.
(b) Information Sharing Environment.--
(1) Establishment.--The President shall--
(A) create an information sharing environment for the
sharing of terrorism information in a manner consistent with
national security and with applicable legal standards relating
to privacy and civil liberties;
(B) designate the organizational and management structures
that will be used to operate and manage the ISE; and
(C) determine and enforce the policies, directives, and
rules that will govern the content and usage of the ISE.
(2) Attributes.--The President shall, through the structures
described in subparagraphs (B) and (C) of paragraph (1), ensure
that the ISE provides and facilitates the means for sharing
terrorism information among all appropriate Federal, State, local,
and tribal entities, and the private sector through the use of
policy guidelines and technologies. The President shall, to the
greatest extent practicable, ensure that the ISE provides the
functional equivalent of, or otherwise supports, a decentralized,
distributed, and coordinated environment that--
(A) connects existing systems, where appropriate, provides
no single points of failure, and allows users to share
information among agencies, between levels of government, and,
as appropriate, with the private sector;
(B) ensures direct and continuous online electronic access
to information;
(C) facilitates the availability of information in a form
and manner that facilitates its use in analysis, investigations
and operations;
(D) builds upon existing systems capabilities currently in
use across the Government;
(E) employs an information access management approach that
controls access to data rather than just systems and networks,
without sacrificing security;
(F) facilitates the sharing of information at and across
all levels of security;
(G) provides directory services, or the functional
equivalent, for locating people and information;
(H) incorporates protections for individuals' privacy and
civil liberties; and
(I) incorporates strong mechanisms to enhance
accountability and facilitate oversight, including audits,
authentication, and access controls.
(c) Preliminary Report.--Not later than 180 days after the date of
the enactment of this Act, the program manager shall, in consultation
with the Information Sharing Council--
(1) submit to the President and Congress a description of the
technological, legal, and policy issues presented by the creation
of the ISE, and the way in which these issues will be addressed;
(2) establish an initial capability to provide electronic
directory services, or the functional equivalent, to assist in
locating in the Federal Government intelligence and terrorism
information and people with relevant knowledge about intelligence
and terrorism information; and
(3) conduct a review of relevant current Federal agency
capabilities, databases, and systems for sharing information.
(d) Guidelines and Requirements.--As soon as possible, but in no
event later than 270 days after the date of the enactment of this Act,
the President shall--
(1) leverage all ongoing efforts consistent with establishing
the ISE and issue guidelines for acquiring, accessing, sharing, and
using information, including guidelines to ensure that information
is provided in its most shareable form, such as by using tearlines
to separate out data from the sources and methods by which the data
are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 1061, issue guidelines
that--
(A) protect privacy and civil liberties in the development
and use of the ISE; and
(B) shall be made public, unless nondisclosure is clearly
necessary to protect national security; and
(3) require the heads of Federal departments and agencies to
promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including over-classification of information and unnecessary
requirements for originator approval, consistent with
applicable laws and regulations; and
(B) providing affirmative incentives for information
sharing.
(e) Implementation Plan Report.--Not later than one year after the
date of the enactment of this Act, the President shall, with the
assistance of the program manager, submit to Congress a report
containing an implementation plan for the ISE. The report shall include
the following:
(1) A description of the functions, capabilities, resources,
and conceptual design of the ISE, including standards.
(2) A description of the impact on enterprise architectures of
participating agencies.
(3) A budget estimate that identifies the incremental costs
associated with designing, testing, integrating, deploying, and
operating the ISE.
(4) A project plan for designing, testing, integrating,
deploying, and operating the ISE.
(5) The policies and directives referred to in subsection
(b)(1)(C), as well as the metrics and enforcement mechanisms that
will be utilized.
(6) Objective, systemwide performance measures to enable the
assessment of progress toward achieving the full implementation of
the ISE.
(7) A description of the training requirements needed to ensure
that the ISE will be adequately implemented and properly utilized.
(8) A description of the means by which privacy and civil
liberties will be protected in the design and operation of the ISE.
(9) The recommendations of the program manager, in consultation
with the Information Sharing Council, regarding whether, and under
what conditions, the ISE should be expanded to include other
intelligence information.
(10) A delineation of the roles of the Federal departments and
agencies that will participate in the ISE, including an
identification of the agencies that will deliver the infrastructure
needed to operate and manage the ISE (as distinct from individual
department or agency components that are part of the ISE), with
such delineation of roles to be consistent with--
(A) the authority of the Director of National Intelligence
under this title, and the amendments made by this title, to set
standards for information sharing throughout the intelligence
community; and
(B) the authority of the Secretary of Homeland Security and
the Attorney General, and the role of the Department of
Homeland Security and the Attorney General, in coordinating
with State, local, and tribal officials and the private sector.
(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for a future
management structure for the ISE, including whether the position of
program manager should continue to remain in existence.
(f) Program Manager.--
(1) Designation.--Not later than 120 days after the date of the
enactment of this Act, with notification to Congress, the President
shall designate an individual as the program manager responsible
for information sharing across the Federal Government. The
individual designated as the program manager shall serve as program
manager during the two-year period beginning on the date of
designation under this paragraph unless sooner removed from service
and replaced by the President (at the President's sole discretion).
The program manager shall have and exercise governmentwide
authority.
(2) Duties and responsibilities.--
(A) In general.--The program manager shall, in consultation
with the Information Sharing Council--
(i) plan for and oversee the implementation of, and
manage, the ISE;
(ii) assist in the development of policies, procedures,
guidelines, rules, and standards as appropriate to foster
the development and proper operation of the ISE; and
(iii) assist, monitor, and assess the implementation of
the ISE by Federal departments and agencies to ensure
adequate progress, technological consistency and policy
compliance; and regularly report the findings to Congress.
(B) Content of policies, procedures, guidelines, rules, and
standards.--The policies, procedures, guidelines, rules, and
standards under subparagraph (A)(ii) shall--
(i) take into account the varying missions and security
requirements of agencies participating in the ISE;
(ii) address development, implementation, and oversight
of technical standards and requirements;
(iii) take into account ongoing and planned efforts
that support development, implementation and management of
the ISE;
(iv) address and facilitate information sharing between
and among departments and agencies of the intelligence
community, the Department of Defense, the homeland security
community and the law enforcement community;
(v) address and facilitate information sharing between
Federal departments and agencies and State, tribal, and
local governments;
(vi) address and facilitate, as appropriate,
information sharing between Federal departments and
agencies and the private sector;
(vii) address and facilitate, as appropriate,
information sharing between Federal departments and
agencies with foreign partners and allies; and
(viii) ensure the protection of privacy and civil
liberties.
(g) Information Sharing Council.--
(1) Establishment.--There is established an Information Sharing
Council that shall assist the President and the program manager in
their duties under this section. The Information Sharing Council
shall serve during the two-year period beginning on the date of the
initial designation of the program manager by the President under
subsection (f)(1), unless sooner removed from service and replaced
by the President (at the sole discretion of the President) with a
successor body.
(2) Specific duties.--In assisting the President and the
program manager in their duties under this section, the Information
Sharing Council shall--
(A) advise the President and the program manager in
developing policies, procedures, guidelines, roles, and
standards necessary to establish, implement, and maintain the
ISE;
(B) work to ensure coordination among the Federal
departments and agencies participating in the ISE in the
establishment, implementation, and maintenance of the ISE;
(C) identify and, as appropriate, recommend the
consolidation and elimination of current programs, systems, and
processes used by Federal departments and agencies to share
information, and recommend, as appropriate, the redirection of
existing resources to support the ISE;
(D) identify gaps, if any, between existing technologies,
programs and systems used by Federal departments and agencies
to share information and the parameters of the proposed
information sharing environment;
(E) recommend solutions to address any gaps identified
under subparagraph (D);
(F) recommend means by which the ISE can be extended to
allow interchange of information between Federal departments
and agencies and appropriate authorities of State and local
governments; and
(G) recommend whether or not, and by which means, the ISE
should be expanded so as to allow future expansion encompassing
other relevant categories of information.
(3) Consultation.--In performing its duties, the Information
Sharing Council shall consider input from persons and entities
outside the Federal Government having significant experience and
expertise in policy, technical matters, and operational matters
relating to the ISE.
(4) Inapplicability of federal advisory committee act.--The
Information Sharing Council shall not be subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
(h) Performance Management Reports.--
(1) In general.--Not later than two years after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to Congress a report on the state of the ISE and of
information sharing across the Federal Government.
(2) Content.--Each report under this subsection shall include--
(A) a progress report on the extent to which the ISE has
been implemented, including how the ISE has fared on the
performance measures and whether the performance goals set in
the preceding year have been met;
(B) objective system-wide performance goals for the
following year;
(C) an accounting of how much was spent on the ISE in the
preceding year;
(D) actions taken to ensure that procurement of and
investments in systems and technology are consistent with the
implementation plan for the ISE;
(E) the extent to which all terrorism watch lists are
available for combined searching in real time through the ISE
and whether there are consistent standards for placing
individuals on, and removing individuals from, the watch lists,
including the availability of processes for correcting errors;
(F) the extent to which State, tribal, and local officials
are participating in the ISE;
(G) the extent to which private sector data, including
information from owners and operators of critical
infrastructure, is incorporated in the ISE, and the extent to
which individuals and entities outside the government are
receiving information through the ISE;
(H) the measures taken by the Federal government to ensure
the accuracy of information in the ISE, in particular the
accuracy of information about individuals;
(I) an assessment of the privacy and civil liberties
protections of the ISE, including actions taken in the
preceding year to implement or enforce privacy and civil
liberties protections; and
(J) an assessment of the security protections used in the
ISE.
(i) Agency Responsibilities.--The head of each department or agency
that possesses or uses intelligence or terrorism information, operates
a system in the ISE, or otherwise participates (or expects to
participate) in the ISE shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules, and
standards established under subsections (b) and (f);
(2) ensure the provision of adequate resources for systems and
activities supporting operation of and participation in the ISE;
(3) ensure full department or agency cooperation in the
development of the ISE to implement governmentwide information
sharing; and
(4) submit, at the request of the President or the program
manager, any reports on the implementation of the requirements of
the ISE within such department or agency.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2005 and 2006.
SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE
COMMUNITY.
(a) In General.--Not later than 180 days after the effective date
of this Act, the Director of National Intelligence shall establish a
process and assign an individual or entity the responsibility for
ensuring that, as appropriate, elements of the intelligence community
conduct alternative analysis (commonly referred to as ``red-team
analysis'') of the information and conclusions in intelligence
products.
(b) Report.--Not later than 270 days after the effective date of
this Act, the Director of National Intelligence shall provide a report
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee of the House of Representatives on the implementation
of subsection (a).
SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION
OF AUTHORITIES.
The President shall issue guidelines to ensure the effective
implementation and execution within the executive branch of the
authorities granted to the Director of National Intelligence by this
title and the amendments made by this title, in a manner that respects
and does not abrogate the statutory responsibilities of the heads of
the departments of the United States Government concerning such
departments, including, but not limited to:
(1) the authority of the Director of the Office of Management
and Budget; and
(2) the authority of the principal officers of the executive
departments as heads of their respective departments, including,
but not limited to, under--
(A) section 199 of the Revised Statutes (22 U.S.C. 2651);
(B) title II of the Department of Energy Organization Act
(42 U.S.C. 7131 et seq.);
(C) the State Department Basic Authorities Act of 1956;
(D) section 102(a) of the Homeland Security Act of 2002 (6
U.S.C. 112(a)); and
(E) sections 301 of title 5, 113(b) and 162(b) of title 10,
503 of title 28, and 301(b) of title 31, United States Code.
SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC
INTEGRITY.
(a) Assignment of Responsibilities.--For purposes of carrying out
section 102A(h) of the National Security Act of 1947 (as added by
section 1011(a)), the Director of National Intelligence shall, not
later than 180 days after the date of the enactment of this Act, assign
an individual or entity to be responsible for ensuring that finished
intelligence products produced by any element or elements of the
intelligence community are timely, objective, independent of political
considerations, based upon all sources of available intelligence, and
employ the standards of proper analytic tradecraft.
(b) Responsibilities.--(1) The individual or entity assigned
responsibility under subsection (a)--
(A) may be responsible for general oversight and management of
analysis and production, but may not be directly responsible for,
or involved in, the specific production of any finished
intelligence product;
(B) shall perform, on a regular basis, detailed reviews of
finished intelligence product or other analytic products by an
element or elements of the intelligence community covering a
particular topic or subject matter;
(C) shall be responsible for identifying on an annual basis
functional or topical areas of analysis for specific review under
subparagraph (B); and
(D) upon completion of any review under subparagraph (B), may
draft lessons learned, identify best practices, or make
recommendations for improvement to the analytic tradecraft employed
in the production of the reviewed product or products.
(2) Each review under paragraph (1)(B) should--
(A) include whether the product or products concerned were
based on all sources of available intelligence, properly describe
the quality and reliability of underlying sources, properly caveat
and express uncertainties or confidence in analytic judgments,
properly distinguish between underlying intelligence and the
assumptions and judgments of analysts, and incorporate, where
appropriate, alternative analyses; and
(B) ensure that the analytic methodologies, tradecraft, and
practices used by the element or elements concerned in the
production of the product or products concerned meet the standards
set forth in subsection (a).
(3) Information drafted under paragraph (1)(D) should, as
appropriate, be included in analysis teaching modules and case studies
for use throughout the intelligence community.
(c) Annual Reports.--Not later than December 1 each year, the
Director of National Intelligence shall submit to the congressional
intelligence committees, the heads of the relevant elements of the
intelligence community, and the heads of analytic training departments
a report containing a description, and the associated findings, of each
review under subsection (b)(1)(B) during such year.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a) In General.--Not later than 180 days after the effective date
of this Act, the Director of National Intelligence shall identify an
individual within the Office of the Director of National Intelligence
who shall be available to analysts within the Office of the Director of
National Intelligence to counsel, conduct arbitration, offer
recommendations, and, as appropriate, initiate inquiries into real or
perceived problems of analytic tradecraft or politicization, biased
reporting, or lack of objectivity in intelligence analysis.
(b) Report.--Not later than 270 days after the effective date of
this Act, the Director of National Intelligence shall provide a report
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives on the
implementation of subsection (a).
Subtitle B--National Counterterrorism Center, National Counter
Proliferation Center, and National Intelligence Centers
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et
seq.) is amended by adding at the end the following new section:
``national counterterrorism center
``Sec. 119. (a) Establishment of Center.--There is within the
Office of the Director of National Intelligence a National
Counterterrorism Center.
``(b) Director of National Counterterrorism Center.--(1) There is a
Director of the National Counterterrorism Center, who shall be the head
of the National Counterterrorism Center, and who shall be appointed by
the President, by and with the advice and consent of the Senate.
``(2) The Director of the National Counterterrorism Center may not
simultaneously serve in any other capacity in the executive branch.
``(c) Reporting.--(1) The Director of the National Counterterrorism
Center shall report to the Director of National Intelligence with
respect to matters described in paragraph (2) and the President with
respect to matters described in paragraph (3).
``(2) The matters described in this paragraph are as follows:
``(A) The budget and programs of the National Counterterrorism
Center.
``(B) The activities of the Directorate of Intelligence of the
National Counterterrorism Center under subsection (h).
``(C) The conduct of intelligence operations implemented by
other elements of the intelligence community; and
``(3) The matters described in this paragraph are the planning and
progress of joint counterterrorism operations (other than intelligence
operations).''.
``(d) Primary Missions.--The primary missions of the National
Counterterrorism Center shall be as follows:
``(1) To serve as the primary organization in the United States
Government for analyzing and integrating all intelligence possessed
or acquired by the United States Government pertaining to terrorism
and counterterrorism, excepting intelligence pertaining exclusively
to domestic terrorists and domestic counterterrorism.
``(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments of
national power, including diplomatic, financial, military,
intelligence, homeland security, and law enforcement activities
within and among agencies.
``(3) To assign roles and responsibilities as part of its
strategic operational planning duties to lead Departments or
agencies, as appropriate, for counterterrorism activities that are
consistent with applicable law and that support counterterrorism
strategic operational plans, but shall not direct the execution of
any resulting operations.
``(4) To ensure that agencies, as appropriate, have access to
and receive all-source intelligence support needed to execute their
counterterrorism plans or perform independent, alternative
analysis.
``(5) To ensure that such agencies have access to and receive
intelligence needed to accomplish their assigned activities.
``(6) To serve as the central and shared knowledge bank on
known and suspected terrorists and international terror groups, as
well as their goals, strategies, capabilities, and networks of
contacts and support.
``(e) Domestic Counterterrorism Intelligence.--(1) The Center may,
consistent with applicable law, the direction of the President, and the
guidelines referred to in section 102A(b), receive intelligence
pertaining exclusively to domestic counterterrorism from any Federal,
State, or local government or other source necessary to fulfill its
responsibilities and retain and disseminate such intelligence.
``(2) Any agency authorized to conduct counterterrorism activities
may request information from the Center to assist it in its
responsibilities, consistent with applicable law and the guidelines
referred to in section 102A(b).
``(f) Duties and Responsibilities of Director.--(1) The Director of
the National Counterterrorism Center shall--
``(A) serve as the principal adviser to the Director of
National Intelligence on intelligence operations relating to
counterterrorism;
``(B) provide strategic operational plans for the civilian and
military counterterrorism efforts of the United States Government
and for the effective integration of counterterrorism intelligence
and operations across agency boundaries, both inside and outside
the United States;
``(C) advise the Director of National Intelligence on the
extent to which the counterterrorism program recommendations and
budget proposals of the departments, agencies, and elements of the
United States Government conform to the priorities established by
the President;
``(D) disseminate terrorism information, including current
terrorism threat analysis, to the President, the Vice President,
the Secretaries of State, Defense, and Homeland Security, the
Attorney General, the Director of the Central Intelligence Agency,
and other officials of the executive branch as appropriate, and to
the appropriate committees of Congress;
``(E) support the Department of Justice and the Department of
Homeland Security, and other appropriate agencies, in fulfillment
of their responsibilities to disseminate terrorism information,
consistent with applicable law, guidelines referred to in section
102A(b), Executive orders and other Presidential guidance, to State
and local government officials, and other entities, and coordinate
dissemination of terrorism information to foreign governments as
approved by the Director of National Intelligence;
``(F) develop a strategy for combining terrorist travel
intelligence operations and law enforcement planning and operations
into a cohesive effort to intercept terrorists, find terrorist
travel facilitators, and constrain terrorist mobility;
``(G) have primary responsibility within the United States
Government for conducting net assessments of terrorist threats;
``(H) consistent with priorities approved by the President,
assist the Director of National Intelligence in establishing
requirements for the intelligence community for the collection of
terrorism information; and
``(I) perform such other duties as the Director of National
Intelligence may prescribe or are prescribed by law.
``(2) Nothing in paragraph (1)(G) shall limit the authority of the
departments and agencies of the United States to conduct net
assessments.
``(g) Limitation.--The Director of the National Counterterrorism
Center may not direct the execution of counterterrorism operations.
``(h) Resolution of Disputes.--The Director of National
Intelligence shall resolve disagreements between the National
Counterterrorism Center and the head of a department, agency, or
element of the United States Government on designations, assignments,
plans, or responsibilities under this section. The head of such a
department, agency, or element may appeal the resolution of the
disagreement by the Director of National Intelligence to the President.
``(i) Directorate of Intelligence.--The Director of the National
Counterterrorism Center shall establish and maintain within the
National Counterterrorism Center a Directorate of Intelligence which
shall have primary responsibility within the United States Government
for analysis of terrorism and terrorist organizations (except for
purely domestic terrorism and domestic terrorist organizations) from
all sources of intelligence, whether collected inside or outside the
United States.
``(j) Directorate of Strategic Operational Planning.--(1) The
Director of the National Counterterrorism Center shall establish and
maintain within the National Counterterrorism Center a Directorate of
Strategic Operational Planning which shall provide strategic
operational plans for counterterrorism operations conducted by the
United States Government.
``(2) Strategic operational planning shall include the mission,
objectives to be achieved, tasks to be performed, interagency
coordination of operational activities, and the assignment of roles and
responsibilities.
``(3) The Director of the National Counterterrorism Center shall
monitor the implementation of strategic operational plans, and shall
obtain information from each element of the intelligence community, and
from each other department, agency, or element of the United States
Government relevant for monitoring the progress of such entity in
implementing such plans.''.
SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
Title I of the National Security Act of 1947, as amended by section
1021 of this Act, is further amended by adding at the end the following
new section:
``national counter proliferation center
``Sec. 119A. (a) Establishment.--Not later than 18 months after the
date of the enactment of the National Security Intelligence Reform Act
of 2004, the President shall establish a National Counter Proliferation
Center, taking into account all appropriate government tools to prevent
and halt the proliferation of weapons of mass destruction, their
delivery systems, and related materials and technologies.
``(b) Missions and Objectives.--In establishing the National
Counter Proliferation Center, the President shall address the following
missions and objectives to prevent and halt the proliferation of
weapons of mass destruction, their delivery systems, and related
materials and technologies:
``(1) Establishing a primary organization within the United
States Government for analyzing and integrating all intelligence
possessed or acquired by the United States pertaining to
proliferation.
``(2) Ensuring that appropriate agencies have full access to
and receive all-source intelligence support needed to execute their
counter proliferation plans or activities, and perform independent,
alternative analyses.
``(3) Establishing a central repository on known and suspected
proliferation activities, including the goals, strategies,
capabilities, networks, and any individuals, groups, or entities
engaged in proliferation.
``(4) Disseminating proliferation information, including
proliferation threats and analyses, to the President, to the
appropriate departments and agencies, and to the appropriate
committees of Congress.
``(5) Conducting net assessments and warnings about the
proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
``(6) Coordinating counter proliferation plans and activities
of the various departments and agencies of the United States
Government to prevent and halt the proliferation of weapons of mass
destruction, their delivery systems, and related materials and
technologies.
``(7) Conducting strategic operational counter proliferation
planning for the United States Government to prevent and halt the
proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
``(c) National Security Waiver.--The President may waive the
requirements of this section, and any parts thereof, if the President
determines that such requirements do not materially improve the ability
of the United States Government to prevent and halt the proliferation
of weapons of mass destruction, their delivery systems, and related
materials and technologies. Such waiver shall be made in writing to
Congress and shall include a description of how the missions and
objectives in subsection (b) are being met.
``(d) Report to Congress.--(1) Not later than nine months after the
implementation of this Act, the President shall submit to Congress, in
classified form if necessary, the findings and recommendations of the
President's Commission on Weapons of Mass Destruction established by
Executive Order in February 2004, together with the views of the
President regarding the establishment of a National Counter
Proliferation Center.
``(2) If the President decides not to exercise the waiver authority
granted by subsection (c), the President shall submit to Congress from
time to time updates and plans regarding the establishment of a
National Counter Proliferation Center.
``(e) Sense of Congress.--It is the sense of Congress that a
central feature of counter proliferation activities, consistent with
the President's Proliferation Security Initiative, should include the
physical interdiction, by air, sea, or land, of weapons of mass
destruction, their delivery systems, and related materials and
technologies, and enhanced law enforcement activities to identify and
disrupt proliferation networks, activities, organizations, and
persons.''.
SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
Title I of the National Security Act of 1947, as amended by section
1022 of this Act, is further amended by adding at the end the following
new section:
``national intelligence centers
``Sec. 119B. (a) Authority To Establish.--The Director of National
Intelligence may establish one or more national intelligence centers to
address intelligence priorities, including, but not limited to,
regional issues.
``(b) Resources of Directors of Centers.--(1) The Director of
National Intelligence shall ensure that the head of each national
intelligence center under subsection (a) has appropriate authority,
direction, and control of such center, and of the personnel assigned to
such center, to carry out the assigned mission of such center.
``(2) The Director of National Intelligence shall ensure that each
national intelligence center has appropriate personnel to accomplish
effectively the mission of such center.
``(c) Information Sharing.--The Director of National Intelligence
shall, to the extent appropriate and practicable, ensure that each
national intelligence center under subsection (a) and the other
elements of the intelligence community share information in order to
facilitate the mission of such center.
``(d) Mission of Centers.--Pursuant to the direction of the
Director of National Intelligence, each national intelligence center
under subsection (a) may, in the area of intelligence responsibility
assigned to such center--
``(1) have primary responsibility for providing all-source
analysis of intelligence based upon intelligence gathered both
domestically and abroad;
``(2) have primary responsibility for identifying and proposing
to the Director of National Intelligence intelligence collection
and analysis and production requirements; and
``(3) perform such other duties as the Director of National
Intelligence shall specify.
``(e) Review and Modification of Centers.--The Director of National
Intelligence shall determine on a regular basis whether--
``(1) the area of intelligence responsibility assigned to each
national intelligence center under subsection (a) continues to meet
appropriate intelligence priorities; and
``(2) the staffing and management of such center remains
appropriate for the accomplishment of the mission of such center.
``(f) Termination.--The Director of National Intelligence may
terminate any national intelligence center under subsection (a).
``(g) Separate Budget Account.--The Director of National
Intelligence shall, as appropriate, include in the National
Intelligence Program budget a separate line item for each national
intelligence center under subsection (a).''.
Subtitle C--Joint Intelligence Community Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et
seq.) is amended by inserting after section 101 the following new
section:
``joint intelligence community council
``Sec. 101A. (a) Joint Intelligence Community Council.--There is a
Joint Intelligence Community Council.
``(b) Membership.--The Joint Intelligence Community Council shall
consist of the following:
``(1) The Director of National Intelligence, who shall chair
the Council.
``(2) The Secretary of State.
``(3) The Secretary of the Treasury.
``(4) The Secretary of Defense.
``(5) The Attorney General.
``(6) The Secretary of Energy.
``(7) The Secretary of Homeland Security.
``(8) Such other officers of the United States Government as
the President may designate from time to time.
``(c) Functions.--The Joint Intelligence Community Council shall
assist the Director of National Intelligence in developing and
implementing a joint, unified national intelligence effort to protect
national security by--
``(1) advising the Director on establishing requirements,
developing budgets, financial management, and monitoring and
evaluating the performance of the intelligence community, and on
such other matters as the Director may request; and
``(2) ensuring the timely execution of programs, policies, and
directives established or developed by the Director.
``(d) Meetings.--The Director of National Intelligence shall
convene regular meetings of the Joint Intelligence Community Council.
``(e) Advice and Opinions of Members Other Than Chairman.--(1) A
member of the Joint Intelligence Community Council (other than the
Chairman) may submit to the Chairman advice or an opinion in
disagreement with, or advice or an opinion in addition to, the advice
presented by the Director of National Intelligence to the President or
the National Security Council, in the role of the Chairman as Chairman
of the Joint Intelligence Community Council. If a member submits such
advice or opinion, the Chairman shall present the advice or opinion of
such member at the same time the Chairman presents the advice of the
Chairman to the President or the National Security Council, as the case
may be.
``(2) The Chairman shall establish procedures to ensure that the
presentation of the advice of the Chairman to the President or the
National Security Council is not unduly delayed by reason of the
submission of the individual advice or opinion of another member of the
Council.
``(f) Recommendations to Congress.--Any member of the Joint
Intelligence Community Council may make such recommendations to
Congress relating to the intelligence community as such member
considers appropriate.''.
Subtitle D--Improvement of Education for the Intelligence Community
SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a) Findings.--Congress makes the following findings:
(1) Foreign language education is essential for the development
of a highly-skilled workforce for the intelligence community.
(2) Since September 11, 2001, the need for language proficiency
levels to meet required national security functions has been
raised, and the ability to comprehend and articulate technical and
scientific information in foreign languages has become critical.
(b) Linguistic Requirements.--(1) The Director of National
Intelligence shall--
(A) identify the linguistic requirements for the Office of the
Director of National Intelligence;
(B) identify specific requirements for the range of linguistic
skills necessary for the intelligence community, including
proficiency in scientific and technical vocabularies of critical
foreign languages; and
(C) develop a comprehensive plan for the Office to meet such
requirements through the education, recruitment, and training of
linguists.
(2) In carrying out activities under paragraph (1), the Director
shall take into account education grant programs of the Department of
Defense and the Department of Education that are in existence as of the
date of the enactment of this Act.
(3) Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Director shall submit to Congress a
report on the requirements identified under paragraph (1), including
the success of the Office of the Director of National Intelligence in
meeting such requirements. Each report shall notify Congress of any
additional resources determined by the Director to be required to meet
such requirements.
(4) Each report under paragraph (3) shall be in unclassified form,
but may include a classified annex.
(c) Professional Intelligence Training.--The Director of National
Intelligence shall require the head of each element and component
within the Office of the Director of National Intelligence who has
responsibility for professional intelligence training to periodically
review and revise the curriculum for the professional intelligence
training of the senior and intermediate level personnel of such element
or component in order to--
(1) strengthen the focus of such curriculum on the integration
of intelligence collection and analysis throughout the Office; and
(2) prepare such personnel for duty with other departments,
agencies, and elements of the intelligence community.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
Title X of the National Security Act of 1947 (50 U.S.C. 441g) is
amended by adding at the end the following new section:
``framework for cross-disciplinary education and training
``Sec. 1002. The Director of National Intelligence shall establish
an integrated framework that brings together the educational components
of the intelligence community in order to promote a more effective and
productive intelligence community through cross-disciplinary education
and joint training.''.
SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
Title X of the National Security Act of 1947, as amended by section
1042 of this Act, is further amended by adding at the end the following
new section:
``intelligence community scholarship program
``Sec. 1003. (a) Establishment.--
``(1) In general.--The Director of National Intelligence, in
consultation with the head of each agency of the intelligence
community, shall establish a scholarship program (to be known as
the `Intelligence Community Scholarship Program') to award
scholarships to individuals that is designed to recruit and prepare
students for civilian careers in the intelligence community to meet
the critical needs of the intelligence community agencies.
``(2) Selection of recipients.--
``(A) Merit and agency needs.--Individuals shall be
selected to receive scholarships under this section through a
competitive process primarily on the basis of academic merit
and the needs of the agency.
``(B) Demonstrated commitment.--Individuals selected under
this section shall have a demonstrated commitment to the field
of study for which the scholarship is awarded.
``(3) Contractual agreements.--To carry out the Program the
head of each agency shall enter into contractual agreements with
individuals selected under paragraph (2) under which the
individuals agree to serve as full-time employees of the agency,
for the period described in subsection (g)(1), in positions needed
by the agency and for which the individuals are qualified, in
exchange for receiving a scholarship.
``(b) Eligibility.--In order to be eligible to participate in the
Program, an individual shall--
``(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education and be pursuing or
intend to pursue undergraduate or graduate education in an academic
field or discipline described in the list made available under
subsection (d);
``(2) be a United States citizen; and
``(3) at the time of the initial scholarship award, not be an
employee (as defined under section 2105 of title 5, United States
Code).
``(c) Application.-- An individual seeking a scholarship under this
section shall submit an application to the Director of National
Intelligence at such time, in such manner, and containing such
information, agreements, or assurances as the Director may require.
``(d) Programs and Fields of Study.--The Director of National
Intelligence shall--
``(1) make publicly available a list of academic programs and
fields of study for which scholarships under the Program may be
used; and
``(2) update the list as necessary.
``(e) Scholarships.--
``(1) In general.--The Director of National Intelligence may
provide a scholarship under the Program for an academic year if the
individual applying for the scholarship has submitted to the
Director, as part of the application required under subsection (c),
a proposed academic program leading to a degree in a program or
field of study on the list made available under subsection (d).
``(2) Limitation on years.--An individual may not receive a
scholarship under this section for more than 4 academic years,
unless the Director of National Intelligence grants a waiver.
``(3) Student responsibilities.--Scholarship recipients shall
maintain satisfactory academic progress.
``(4) Amount.--The dollar amount of a scholarship under this
section for an academic year shall be determined under regulations
issued by the Director of National Intelligence, but shall in no
case exceed the cost of tuition, fees, and other authorized
expenses as established by the Director.
``(5) Use of scholarships.--A scholarship provided under this
section may be expended for tuition, fees, and other authorized
expenses as established by the Director of National Intelligence by
regulation.
``(6) Payment to institution of higher education.--The Director
of National Intelligence may enter into a contractual agreement
with an institution of higher education under which the amounts
provided for a scholarship under this section for tuition, fees,
and other authorized expenses are paid directly to the institution
with respect to which the scholarship is provided.
``(f) Special Consideration for Current Employees.--
``(1) Set aside of scholarships.--Notwithstanding paragraphs
(1) and (3) of subsection (b), 10 percent of the scholarships
awarded under this section shall be set aside for individuals who
are employees of agencies on the date of enactment of this section
to enhance the education of such employees in areas of critical
needs of agencies.
``(2) Full- or part-time education.--Employees who are awarded
scholarships under paragraph (1) shall be permitted to pursue
undergraduate or graduate education under the scholarship on a
full-time or part-time basis.
``(g) Employee Service.--
``(1) Period of service.--Except as provided in subsection
(i)(2), the period of service for which an individual shall be
obligated to serve as an employee of the agency is 24 months for
each academic year for which a scholarship under this section is
provided. Under no circumstances shall the total period of
obligated service be more than 8 years.
``(2) Beginning of service.--
``(A) In general.--Except as provided in subparagraph (B),
obligated service under paragraph (1) shall begin not later
than 60 days after the individual obtains the educational
degree for which the scholarship was provided.
``(B) Deferral.--In accordance with regulations established
by the Director of National Intelligence, the Director or
designee may defer the obligation of an individual to provide a
period of service under paragraph (1) if the Director or
designee determines that such a deferral is appropriate.
``(h) Repayment.--
``(1) In general.--Scholarship recipients who fail to maintain
a high level of academic standing, as defined by the Director of
National Intelligence, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily terminate
academic training before graduation from the educational program
for which the scholarship was awarded, shall be in breach of their
contractual agreement and, in lieu of any service obligation
arising under such agreement, shall be liable to the United States
for repayment within 1 year after the date of default of all
scholarship funds paid to them and to the institution of higher
education on their behalf under the agreement, except as provided
in subsection (i)(2). The repayment period may be extended by the
Director when determined to be necessary, as established by
regulation.
``(2) Liability.--Scholarship recipients who, for any reason,
fail to begin or complete their service obligation after completion
of academic training, or fail to comply with the terms and
conditions of deferment established by the Director of National
Intelligence under subsection (i)(2)(B), shall be in breach of
their contractual agreement. When recipients breach their
agreements for the reasons stated in the preceding sentence, the
recipient shall be liable to the United States for an amount equal
to--
``(A) the total amount of scholarships received by such
individual under this section; and
``(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received they
were loans bearing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the United States,
multiplied by 3.
``(i) Cancellation, Waiver, or Suspension of Obligation.--
``(1) Cancellation.--Any obligation of an individual incurred
under the Program (or a contractual agreement thereunder) for
service or payment shall be canceled upon the death of the
individual.
``(2) Waiver or suspension.--The Director of National
Intelligence shall prescribe regulations to provide for the partial
or total waiver or suspension of any obligation of service or
payment incurred by an individual under the Program (or a
contractual agreement thereunder) whenever compliance by the
individual is impossible or would involve extreme hardship to the
individual, or if enforcement of such obligation with respect to
the individual would be contrary to the best interests of the
Government.
``(j) Regulations.--The Director of National Intelligence shall
prescribe regulations necessary to carry out this section.
``(k) Definitions.--In this section:
``(1) Agency.--The term `agency' means each element of the
intelligence community as determined by the Director of National
Intelligence.
``(2) Institution of higher education.--The term `institution
of higher education' has the meaning given that term under section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
``(3) Program.--The term `Program' means the Intelligence
Community Scholarship Program established under subsection (a).''.
Subtitle E--Additional Improvements of Intelligence Activities
SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE
COMMUNITY.
The Director of National Intelligence, in cooperation with the
Secretary of Defense and the Secretary of Energy, should seek to ensure
that each service laboratory of the Department of Defense and each
national laboratory of the Department of Energy may, acting through the
relevant Secretary and in a manner consistent with the missions and
commitments of the laboratory--
(1) assist the Director of National Intelligence in all aspects
of technical intelligence, including research, applied sciences,
analysis, technology evaluation and assessment, and any other
aspect that the relevant Secretary considers appropriate; and
(2) make available to the intelligence community, on a
community-wide basis--
(A) the analysis and production services of the service and
national laboratories, in a manner that maximizes the capacity
and services of such laboratories; and
(B) the facilities and human resources of the service and
national laboratories, in a manner that improves the
technological capabilities of the intelligence community.
SEC. 1052. OPEN-SOURCE INTELLIGENCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Director of National Intelligence should establish an
intelligence center for the purpose of coordinating the collection,
analysis, production, and dissemination of open-source intelligence
to elements of the intelligence community;
(2) open-source intelligence is a valuable source that must be
integrated into the intelligence cycle to ensure that United States
policymakers are fully and completely informed; and
(3) the intelligence center should ensure that each element of
the intelligence community uses open-source intelligence consistent
with the mission of such element.
(b) Requirement for Efficient Use by Intelligence Community of
Open-source Intelligence.--The Director of National Intelligence shall
ensure that the intelligence community makes efficient and effective
use of open-source information and analysis.
(c) Report.--Not later than June 30, 2005, the Director of National
Intelligence shall submit to the congressional intelligence committees
a report containing the decision of the Director as to whether an open-
source intelligence center will be established. If the Director decides
not to establish an open-source intelligence center, such report shall
also contain a description of how the intelligence community will use
open-source intelligence and effectively integrate open-source
intelligence into the national intelligence cycle.
(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) Establishment.--The Director of National Intelligence may
provide for the establishment and training of a National Intelligence
Reserve Corps (in this section referred to as ``National Intelligence
Reserve Corps'') for the temporary reemployment on a voluntary basis of
former employees of elements of the intelligence community during
periods of emergency, as determined by the Director.
(b) Eligible Individuals.--An individual may participate in the
National Intelligence Reserve Corps only if the individual previously
served as a full time employee of an element of the intelligence
community.
(c) Terms of Participation.--The Director of National Intelligence
shall prescribe the terms and conditions under which eligible
individuals may participate in the National Intelligence Reserve Corps.
(d) Expenses.--The Director of National Intelligence may
provide members of the National Intelligence Reserve Corps
transportation and per diem in lieu of subsistence for purposes of
participating in any training that relates to service as a member of
the Reserve Corps.
(e) Treatment of Annuitants.--(1) If an annuitant receiving an
annuity from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity shall not
be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an employee
for the purposes of chapter 83 or 84 of title 5, United States Code.
(f) Treatment Under Office of Director of National Intelligence
Personnel Ceiling.--A member of the National Intelligence Reserve Corps
who is reemployed on a temporary basis pursuant to this section shall
not count against any personnel ceiling applicable to the Office of the
Director of National Intelligence.
Subtitle F--Privacy and Civil Liberties
SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) In conducting the war on terrorism, the Federal Government
may need additional powers and may need to enhance the use of its
existing powers.
(2) This potential shift of power and authority to the Federal
Government calls for an enhanced system of checks and balances to
protect the precious liberties that are vital to our way of life.
(b) Establishment of Board.--There is established within the
Executive Office of the President a Privacy and Civil Liberties
Oversight Board (referred to in this section as the ``Board'').
(c) Functions.--
(1) Advice and counsel on development and implementation of
policy.--For the purpose of providing advice to the President or to
the head of any department or agency of the executive branch, the
Board shall--
(A) review proposed regulations and executive branch
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under subsections (d) and (f) of
section 1016;
(B) review the implementation of laws, regulations, and
executive branch policies related to efforts to protect the
Nation from terrorism, including the implementation of
information sharing guidelines under subsections (d) and (f) of
section 1016;
(C) advise the President and the head of any department or
agency of the executive branch to ensure that privacy and civil
liberties are appropriately considered in the development and
implementation of such regulations and executive branch
policies; and
(D) in providing advice on proposals to retain or enhance a
particular governmental power, consider whether the department,
agency, or element of the executive branch concerned has
explained--
(i) that there is adequate supervision of the use by
the executive branch of the power to ensure protection of
privacy and civil liberties;
(ii) that there are adequate guidelines and oversight
to properly confine the use of the power; and
(iii) that the need for the power, including the risk
presented to the national security if the Federal
Government does not take certain actions, is balanced with
the need to protect privacy and civil liberties.
(2) Oversight.--The Board shall continually review--
(A) regulations, executive branch policies, and procedures
(including the implementation of such regulations, policies,
and procedures), related laws pertaining to efforts to protect
the Nation from terrorism, and other actions by the executive
branch related to efforts to protect the Nation from terrorism
to ensure that privacy and civil liberties are protected; and
(B) the information sharing practices of the departments,
agencies, and elements of the executive branch to determine
whether or not such practices appropriately protect privacy and
civil liberties and adhere to the information sharing
guidelines under subsections (d) and (f) of section 1016 and to
other applicable laws, regulations, and executive branch
policies regarding the protection of privacy and civil
liberties.
(3) Scope.--The Board shall ensure that concerns with respect
to privacy and civil liberties are appropriately considered in the
implementation of laws, regulations, and executive branch policies
related to efforts to protect the Nation against terrorism.
(4) Reports to congress.--Not less frequently than annually,
the Board shall prepare a report to Congress, unclassified to the
greatest extent possible (with a classified annex, if necessary),
on the Board's major activities during the preceding period.
(d) Access to Information.--
(1) Authorization.--If determined by the Board to be necessary
to carry out its responsibilities under this section, the Board is
authorized, to the extent permitted by law, to--
(A) have access from any department or agency of the
executive branch, or any Federal officer or employee of any
such department or agency, to all relevant records, reports,
audits, reviews, documents, papers, recommendations, or other
relevant material, including classified information consistent
with applicable law;
(B) interview or take statements from officers of any
department or agency of the executive branch;
(C) request information or assistance from any State,
tribal, or local government; and
(D)(i) request that persons (other than departments,
agencies, and elements of the executive branch) produce for the
Board relevant information, documents, reports, answers,
records, accounts, papers, and other documentary and
testimonial evidence; and
(ii) if the person to whom such a request is directed does
not comply with the request within 45 days of receipt of such
request, notify the Attorney General of such person's failure
to comply with such request, which notice shall include all
relevant information.
(2) Production of information and evidence.--
(A) Explanation of noncompliance.--Upon receiving
notification under paragraph (1)(D)(ii) regarding a request,
the Attorney General shall provide an opportunity for the
person subject to the request to explain the reasons for not
complying with the request.
(B) Action by attorney general.--Upon receiving
notification under paragraph (1)(D)(ii) regarding a request,
the Attorney General shall review the request and may take such
steps as appropriate to ensure compliance with the request for
the information, documents, reports, answers, records,
accounts, papers, and other documentary and testimonial
evidence covered by the request.
(3) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is, in the
judgment of the Board, unreasonably refused or not provided, the
Board shall report the circumstances to the head of the department
or agency concerned without delay. If the requested information or
assistance may be provided to the Board in accordance with
applicable law, the head of the department or agency concerned
shall ensure compliance with such request.
(4) Exceptions for national security.--
(A) In general.--If the National Intelligence Director, in
consultation with the Attorney General, determines that it is
necessary to withhold information requested under paragraph (3)
to protect the national security interests of the United
States, the head of the department or agency concerned shall
not furnish such information to the Board.
(B) Certain information.--If the Attorney General
determines that it is necessary to withhold information
requested under paragraph (3) from disclosure to protect
sensitive law enforcement or counterterrorism information or
ongoing operations, the head of the department or agency
concerned shall not furnish such information to the Board.
(e) Membership.--
(1) Members.--
(A) In general.--The Board shall be composed of a chairman,
a vice chairman, and three additional members appointed by the
President.
(B) Chairman and vice chairman.--The chairman and vice
chairman shall each be appointed by the President, by and with
the advice and consent of the Senate.
(C) Appointment requirements.--Any individual appointed to
the Board shall be appointed from among trustworthy and
distinguished citizens outside the Federal Government who are
qualified on the basis of achievement, experience, and
independence.
(D) Full-time service of chairman.--The chairman may serve
on a full-time basis.
(E) Service at pleasure of president.--The chairman, vice
chairman, and other members of the Board shall each serve at
the pleasure of the President.
(2) Incompatible office.--An individual appointed to the Board
may not, while serving on the Board, be an elected official,
officer, or employee of the Federal Government, other than in the
capacity as a member of the Board.
(3) Quorum and meetings.--The Board shall meet upon the call of
the chairman or a majority of its members. Three members of the
Board shall constitute a quorum.
(f) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman on full-time basis.--If the chairman serves on
a full-time basis, the rate of pay for the chairman shall be
the annual rate of basic pay in effect for a position at level
III of the Executive Schedule under section 5314 of title 5,
United States Code.
(B) Chairman and vice chairman on part-time basis.--The
chairman, if serving on a part-time basis, and the vice
chairman shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay in effect for a
position at level III of the Executive Schedule under section
5314 of title 5, United States Code, for each day during which
such official is engaged in the actual performance of the
duties of the Board.
(C) Members.--Each member of the Board shall be compensated
at a rate equal to the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day during which that member is engaged in the actual
performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the Federal
Government under section 5703(b) of title 5, United States Code,
while away from their homes or regular places of business in the
performance of services for the Board.
(g) Staff.--
(1) Appointment and compensation.--The chairman, in accordance
with rules agreed upon by the Board, shall appoint and fix the
compensation of an executive director and such other personnel as
may be necessary to enable the Board to carry out its functions,
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a position
at level V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Detailees.--Federal employees may be detailed to the Board
without reimbursement from the Board, and such detailee shall
retain the rights, status, and privileges of the detailee's regular
employment without interruption.
(3) Consultant services.--The Board may procure the temporary
or intermittent services of experts and consultants in accordance
with section 3109 of title 5, United States Code, at rates that do
not exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such
title.
(h) Security Clearances.--The appropriate departments and agencies
of the executive branch shall cooperate with the Board to expeditiously
provide Board members and staff with appropriate security clearances to
the extent possible under applicable procedures and requirements.
Promptly upon commencing its work, the Board shall adopt, after
consultation with the Secretary of Defense, the Attorney General, and
the National Intelligence Director, rules and procedures of the Board
for physical, communications, computer, document, personnel, and other
security in relation to the work of the Board.
(i) Applicability of Certain Laws.--
(1) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to the
Board and its activities.
(2) Freedom of information act.--For purposes of the Freedom of
Information Act, the Board shall be treated as an agency (as that
term is defined in section 551(1) of title 5, United States Code).
(j) Construction.--Except as otherwise provided in this section,
nothing in this section shall be construed to require any consultation
with the Board by any department or agency of the executive branch or
any Federal officer or employee, or any waiting period that must be
observed by any department or agency of the executive branch or any
Federal officer or employee, before developing, proposing, or
implementing any legislation, law, regulation, policy, or guideline
related to efforts to protect the Nation from terrorism.
(k) Presidential Responsibility.--The Board shall perform its
functions within the executive branch and under the general supervision
of the President.
(l) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL
LIBERTIES OFFICERS.
It is the sense of Congress that each executive department or
agency with law enforcement or antiterrorism functions should designate
a privacy and civil liberties officer.
Subtitle G--Conforming and Other Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF
NATIONAL INTELLIGENCE AND DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National Security Act
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(D) Section 101(j) (50 U.S.C. 402(j)).
(E) Section 105(a) (50 U.S.C. 403-5(a)).
(F) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(H) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place it
appears.
(I) Section 110(b) (50 U.S.C. 404e(b)).
(J) Section 110(c) (50 U.S.C. 404e(c)).
(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(Q) Section 115(b) (50 U.S.C. 404j(b)).
(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(S) Section 116(a) (50 U.S.C. 404k(a)).
(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
(V) Section 501(d) (50 U.S.C. 413(d)).
(W) Section 502(a) (50 U.S.C. 413a(a)).
(X) Section 502(c) (50 U.S.C. 413a(c)).
(Y) Section 503(b) (50 U.S.C. 413b(b)).
(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(CC) Section 603(a) (50 U.S.C. 423(a)).
(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).
(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it
appears.
(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(HH) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it
appears.
(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places it
appears.
(MM) Section 1001(a) (50 U.S.C. 441g(a)).
(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place it
appears.
(3) That Act is further amended by striking ``Director'' each place
it appears in the following provisions and inserting ``Director of
National Intelligence'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by
striking ``Director of Central Intelligence'' and inserting ``Director
of National Intelligence, the Director of the Central Intelligence
Agency''
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended
by striking ``Director of Central Intelligence'' and inserting
``Director of the Central Intelligence Agency''.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational files of the
Central Intelligence Agency may be exempted by the Director of
Central Intelligence'' and inserting ``The Director of the Central
Intelligence Agency, with the coordination of the Director of
National Intelligence, may exempt operational files of the Central
Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central Intelligence
Agency and the Director of National Intelligence''.
(7) The heading for section 114 of that Act (50 U.S.C. 404i) is
amended to read as follows:
``additional annual reports from the director of national
intelligence''.
(b) Central Intelligence Agency Act of 1949.--(1) The Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by
striking ``Director of Central Intelligence'' each place it appears in
the following provisions and inserting ``Director of National
Intelligence'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
(2) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ``Director of Central
Intelligence'' each place it appears in the following provisions and
inserting ``Director of the Central Intelligence Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section 101 of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended
by striking paragraph (2) and inserting the following new paragraph
(2):
``(2) Director.--The term `Director' means the Director of the
Central Intelligence Agency.''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of section
2 of the Central Intelligence Agency Voluntary Separation Pay Act (50
U.S.C. 2001 note) is amended to read as follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by striking ``Director of Central Intelligence'' each place it
appears and inserting ``Director of National Intelligence''.
(f) Classified Information Procedures Act.--Section 9(a) of the
Classified Information Procedures Act (5 U.S.C. App.) is amended by
striking ``Director of Central Intelligence'' and inserting ``Director
of National Intelligence''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994 (title
VIII of Public Law 103-359) is amended by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence''.
(2) Public law 107-306.--(A) The Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306) is amended by striking
``Director of Central Intelligence, acting as the head of the
intelligence community,'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of National Intelligence'':
(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iii) Section 904(h) (50 U.S.C. 402c(h)), each place it
appears.
(iv) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is amended by
striking ``Director of Central Intelligence, acting as the head of
the intelligence community, shall establish in the Central
Intelligence Agency'' and inserting ``Director of National
Intelligence shall establish within the Central Intelligence
Agency''.
(D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is
amended by striking ``Director'' and inserting ``Director of
National Intelligence''.
(3) Public law 108-177.--(A) The Intelligence Authorization Act
for Fiscal Year 2004 (Public Law 108-177) is amended by striking
``Director of Central Intelligence'' each place it appears in the
following provisions and inserting ``Director of National
Intelligence'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it
appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ``Director'' the first place it appears and
inserting ``Director of National Intelligence''.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is amended by
striking ``Director of Central Intelligence'' and inserting
``Director of the Central Intelligence Agency''.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) National Security Act of 1947.--(1) Section 101(j) of the
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking
``Deputy Director of Central Intelligence'' and inserting ``Principal
Deputy Director of National Intelligence''.
(2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) is amended by
striking ``The Secretary'' in the matter preceding paragraph (1) and
inserting ``Consistent with sections 102 and 102A, the Secretary''.
(3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is amended by
striking ``103 and 104'' in the matter preceding paragraph (1) and
inserting ``102 and 102A''.
(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended
by striking ``section 103(c)(6) of this Act'' and inserting ``section
102A(i) of this Act''.
(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by
striking ``to the Deputy Director of Central Intelligence, or with
respect to employees of the Central Intelligence Agency, the Director
may delegate such authority to the Deputy Director for Operations'' and
inserting ``to the Principal Deputy Director of National Intelligence,
or with respect to employees of the Central Intelligence Agency, to the
Director of the Central Intelligence Agency''.
(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is
amended by striking ``Office of the Deputy Director of Central
Intelligence'' and inserting ``Office of the Director of National
Intelligence''.
(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ``Office of the Director of Central Intelligence'' and
inserting ``Office of the Director of National Intelligence''.
(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by
striking ``Assistant Director of Central Intelligence for
Administration'' and inserting ``Office of the Director of National
Intelligence''.
(b) Central Intelligence Act of 1949.--Section 6 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by striking
``section 103(c)(7) of the National Security Act of 1947 (50 U.S.C.
403-3(c)(7))'' and inserting ``section 102A(i) of the National Security
Act of 1947''.
(c) Central Intelligence Agency Retirement Act.--Section 201(c) of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is
amended by striking ``paragraph (6) of section 103(c) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central
Intelligence'' and inserting ``section 102A(i) of the National Security
Act of 1947 (50 U.S.C. 403-3(c)(1)) that the Director of National
Intelligence''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--(A) Section 343(c) of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 50
U.S.C. 404n-2(c)) is amended by striking ``section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403-3((c)(6))'' and
inserting ``section 102A(i) of the National Security Act of 1947
(50 U.S.C. 403-3(c)(1))''.
(B)(i) Section 902 of that Act (also known as the
Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b) is
amended by striking ``President'' each place it appears and
inserting ``Director of National Intelligence''.
(ii) Section 902(a)(2) of that Act is amended by striking
``Director of Central Intelligence'' and inserting ``Director of
the Central Intelligence Agency''.
(C) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking ``Office of the Director
of Central Intelligence'' and inserting ``Office of the
Director of National Intelligence''; and
(ii) in subsection (l), by striking ``Office of the
Director of Central Intelligence'' and inserting ``Office of
the Director of National Intelligence''.
(2) Public law 108-177.--(A) Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403-3 note) is amended--
(i) in subsection (g), by striking ``Assistant Director of
Central Intelligence for Analysis and Production'' and
inserting ``Deputy Director of National Intelligence''; and
(ii) in subsection (h)(2)(C), by striking ``Assistant
Director'' and inserting ``Deputy Director of National
Intelligence''.
(B) Section 318(e) of that Act (50 U.S.C. 441g note) is amended
by striking ``Assistant Director of Central Intelligence for
Analysis and Production'' and inserting ``Deputy Director of
National Intelligence''.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY
ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended to read as follows:
``(4) The term `intelligence community' includes the following:
``(A) The Office of the Director of National Intelligence.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The National Reconnaissance Office.
``(G) Other offices within the Department of Defense for
the collection of specialized national intelligence through
reconnaissance programs.
``(H) The intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
``(I) The Bureau of Intelligence and Research of the
Department of State.
``(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
``(K) The elements of the Department of Homeland Security
concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
``(L) Such other elements of any other department or agency
as may be designated by the President, or designated jointly by
the Director of National Intelligence and the head of the
department or agency concerned, as an element of the
intelligence community.''.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS
NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Paragraph (6) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended by striking
``Foreign''.
(b) Conforming Amendments.--(1)(A) Section 506 of the National
Security Act of 1947 (50 U.S.C. 415a) is amended--
(i) in subsection (a), by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence
Program''; and
(ii) in the section heading, by striking ``foreign''.
(B) Section 105 of that Act (50 U.S.C. 403-5) is amended--
(i) in paragraphs (2) and (3) of subsection (a), by striking
``National Foreign Intelligence Program'' and inserting ``National
Intelligence Program''; and
(ii) in the section heading, by striking ``foreign''.
(2) Section 17(f) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(f)) is amended by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence Program''.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C. 404f)
is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents in the first section of the National Security
Act of 1947 is amended--
(1) by striking the items relating to sections 102 through 105
and inserting the following new items:
``Sec. 101A. Joint Intelligence Community Council.
``Sec. 102. Director of National Intelligence.
``Sec. 102A. Responsibilities and authorities of the Director of
National Intelligence.
``Sec. 103. Office of the Director of National Intelligence.
``Sec. 103A. Deputy Directors of National Intelligence.
``Sec. 103B. National Intelligence Council.
``Sec. 103C. General Counsel.
``Sec. 103D. Civil Liberties Protection Officer.
``Sec. 103E. Director of Science and Technology.
``Sec. 103F. National Counterintelligence Executive.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.
``Sec. 105. Responsibilities of the Secretary of Defense pertaining to
the National Intelligence Program.'';
(2) by striking the item relating to section 111;
(3) by striking the item relating to section 114 and inserting
the following new item:
``Sec. 114. Additional annual reports from the Director of National
Intelligence.'';
(4) by inserting after the item relating to section 118 the
following new items:
``Sec. 119. National Counterterrorism Center.
``Sec. 119A. National Counter Proliferation Center.
``Sec. 119B. National intelligence centers.
(5) by striking the item relating to section 506 and inserting
the following new item:
``Sec. 506. Specificity of National Intelligence Program budget amounts
for counterterrorism, counterproliferation, counternarcotics,
and counterintelligence.'';
and
(6) by inserting after the item relating to section 1001 the
following new items:
``Sec. 1002. Framework for cross-disciplinary education and training.
``Sec. 1003. Intelligence Community Scholarship Program.''.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE
OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c) as paragraphs
(1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and
inserting the following new paragraph (2):
``(2) `Director' means the Director of the Central Intelligence
Agency; and''.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by
inserting after section 8J the following new section:
``authority to establish inspector general of the office of the
director of national intelligence
Sec. 8K. If the Director of National Intelligence determines that
an Office of Inspector General would be beneficial to improving the
operations and effectiveness of the Office of the Director of National
Intelligence, the Director of National Intelligence is authorized to
establish, with any of the duties, responsibilities, and authorities
set forth in this Act, an Office of Inspector General.''.
SEC. 1079. ETHICS MATTERS.
(a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of
title 5, United States Code, is amended--
(1) in subclause (XII), by striking ``or'' at the end; and
(2) by inserting after subclause (XIII) the following new
subclause:
``(XIV) the Office of the Director of National
Intelligence; or''.
(b) Deletion of Information About Foreign Gifts.--Section
7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by striking ``the
Director of Central Intelligence'' and inserting ``the Director of
the Central Intelligence Agency''; and
(3) by adding at the end the following new subparagraph:
``(B) In transmitting such listings for the Office of the Director
of National Intelligence, the Director of National Intelligence may
delete the information described in subparagraphs (A) and (C) of
paragraphs (2) and (3) if the Director certifies in writing to the
Secretary of State that the publication of such information could
adversely affect United States intelligence sources.''.
(c) Exemption From Financial Disclosures.--Section 105(a)(1) of the
Ethics in Government Act (5 U.S.C. App.) is amended by inserting ``the
Office of the Director of National Intelligence,'' before ``the Central
Intelligence Agency''.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL
INTELLIGENCE TO ACQUIRE AND MANAGE PROPERTY AND SERVICES.
Section 113(e) of title 40, United States Code, is amended--
(1) in paragraph (18), by striking ``or'' at the end;
(2) in paragraph (19), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(20) the Office of the Director of National Intelligence.''.
SEC. 1081. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of Intelligence
Community.--Any reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community in any law,
regulation, document, paper, or other record of the United States shall
be deemed to be a reference to the Director of National Intelligence.
(b) Director of Central Intelligence as Head of CIA.--Any reference
to the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Director of the Central Intelligence Agency.
(c) Community Management Staff.--Any reference to the Community
Management Staff in any law, regulation, document, paper, or other
record of the United States shall be deemed to be a reference to the
staff of the Office of the Director of National Intelligence.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) Transfer.--There shall be transferred to the Office of the
Director of National Intelligence such staff of the Community
Management Staff as of the date of the enactment of this Act as the
Director of National Intelligence determines to be appropriate,
including all functions and activities discharged by the Community
Management Staff as of that date.
(b) Administration.--The Director of National Intelligence shall
administer the Community Management Staff after the date of the
enactment of this Act as a component of the Office of the Director of
National Intelligence under section 103 of the National Security Act of
1947, as amended by section 1011(a) of this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) Transfer.--There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center (TTIC)
or its successor entity, including all functions and activities
discharged by the Terrorist Threat Integration Center or its successor
entity as of the date of the enactment of this Act.
(b) Administration.--The Director of the National Counterterrorism
Center shall administer the Terrorist Threat Integration Center after
the date of the enactment of this Act as a component of the Directorate
of Intelligence of the National Counterterrorism Center under section
119(i) of the National Security Act of 1947, as added by section
1021(a) of this Act.
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL
INTELLIGENCE.
(a) Termination.--The positions referred to in subsection (b) are
hereby abolished.
(b) Covered Positions.--The positions referred to in this
subsection are as follows:
(1) The Assistant Director of Central Intelligence for
Collection.
(2) The Assistant Director of Central Intelligence for Analysis
and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 1094. IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the
implementation of this title and the amendments made by this title. The
plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to the
Director of National Intelligence pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of
activities transferred to the Director of National Intelligence
pursuant to this title.
(3) The establishment of offices within the Office of the
Director of National Intelligence to implement the duties and
responsibilities of the Director of National Intelligence as
described in this title.
(4) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations to
be transferred to the Director of National Intelligence.
(5) Recommendations for additional legislative or
administrative action as the President considers appropriate.
SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION
OF INTELLIGENCE COMMUNITY REFORM.
(a) Report.--Not later than one year after the effective date of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the progress made in
the implementation of this title, including the amendments made by this
title. The report shall include a comprehensive description of the
progress made, and may include such recommendations for additional
legislative or administrative action as the Director considers
appropriate.
(b) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1096. TRANSITIONAL AUTHORITIES.
(a) In General.--Upon the request of the Director of National
Intelligence, the head of any executive agency may, on a reimbursable
basis, provide services or detail personnel to the Director of National
Intelligence.
(b) Transfer of Personnel.--In addition to any other authorities
available under law for such purposes, in the fiscal year after the
effective date of this Act, the Director of National Intelligence--
(1) is authorized within the Office of the Director of National
Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office of
Management and Budget, may detail not more than 150 personnel
funded within the National Intelligence Program to the Office of
the Director of National Intelligence for a period of not more than
2 years.
SEC. 1097. EFFECTIVE DATES.
(a) In General.--Except as otherwise expressly provided in this
Act, this title and the amendments made by this title shall take effect
not later than six months after the date of the enactment of this Act.
(b) Specific Effective Dates.--(1)(A) Not later than 60 days after
the date of the appointment of the first Director of National
Intelligence, the Director of National Intelligence shall first appoint
individuals to positions within the Office of the Director of National
Intelligence.
(B) Subparagraph (A) shall not apply with respect to the Principal
Deputy Director of National Intelligence.
(2) Not later than 180 days after the effective date of this Act,
the President shall transmit to Congress the implementation plan
required by section 1094.
(3) Not later than one year after the date of the enactment of this
Act, the Director of National Intelligence shall prescribe regulations,
policies, procedures, standards, and guidelines required under section
102A of the National Security Act of 1947, as amended by section
1011(a) of this Act.
Subtitle I--Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION
SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS.
(a) Study.--The Secretary of Defense shall conduct a study of the
promotion selection rates, and the selection rates for attendance at
professional military education schools, of intelligence officers of
the Armed Forces, particularly in comparison to the rates for other
officers of the same Armed Force who are in the same grade and
competitive category.
(b) Report.--The Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report providing
the Secretary's findings resulting from the study under subsection (a)
and the Secretary's recommendations (if any) for such changes in law as
the Secretary considers needed to ensure that intelligence officers, as
a group, are selected for promotion, and for attendance at professional
military education schools, at rates not less than the rates for all
line (or the equivalent) officers of the same Armed Force (both in the
zone and below the zone) in the same grade. The report shall be
submitted not later than April 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST
DECLASSIFICATION BOARD.
(a) Direction.--Section 703(a) of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-567; 114
Stat. 2856; 50 U.S.C. 435 note) is amended--
(1) by inserting ``(1)'' after ``Establishment.--''; and
(2) by adding at the end the following new paragraph:
``(2) The Board shall report directly to the President or, upon
designation by the President, the Vice President, the Attorney General,
or other designee of the President. The other designee of the President
under this paragraph may not be an agency head or official authorized
to classify information under Executive Order 12958, or any successor
order.''.
(b) Purposes.--Section 703(b) of that Act (114 Stat. 2856) is
amended by adding at the end the following new paragraph:
``(5) To review and make recommendations to the President in a
timely manner with respect to any congressional request, made by
the committee of jurisdiction, to declassify certain records or to
reconsider a declination to declassify specific records.''.
(c) Recommendations on Special Searches.--Section 704(c)(2)(A) of
that Act (114 Stat. 2860) is amended by inserting before the period the
following: ``, and also including specific requests for the
declassification of certain records or for the reconsideration of
declinations to declassify specific records''.
(d) Declassification Reviews.--Section 704 of that Act (114 Stat.
2859) is further amended by adding at the end the following new
subsection:
``(e) Declassification Reviews.--If requested by the President, the
Board shall review in a timely manner certain records or declinations
to declassify specific records, the declassification of which has been
the subject of specific congressional request described in section
703(b)(5).''.
(e) Notification of Review.--Section 706 of that Act (114 Stat.
2861) is amended by adding at the end the following new subsection:
``(f) Notification of Review.--In response to a specific
congressional request for declassification review described in section
703(b)(5), the Board shall advise the originators of the request in a
timely manner whether the Board intends to conduct such review.''.
(f) Extension.--Section 710(b) of that Act (114 Stat. 2864) is
amended by striking ``4 years'' and inserting ``8 years''.
SEC. 1103. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance is held
invalid, the remainder of this Act, or the application of such
provision to persons or circumstances other those to which such
provision is held invalid shall not be affected thereby.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States in its final report stated that, under Director
Robert Mueller, the Federal Bureau of Investigation has made
significant progress in improving its intelligence capabilities.
(2) In the report, the members of the Commission also urged
that the Federal Bureau of Investigation fully institutionalize the
shift of the Bureau to a preventive counterterrorism posture.
(b) Improvement of Intelligence Capabilities.--The Director of the
Federal Bureau of Investigation shall continue efforts to improve the
intelligence capabilities of the Federal Bureau of Investigation and to
develop and maintain within the Bureau a national intelligence
workforce.
(c) National Intelligence Workforce.--(1) In developing and
maintaining a national intelligence workforce under subsection (b), the
Director of the Federal Bureau of Investigation shall, develop and
maintain a specialized and integrated national intelligence workforce
consisting of agents, analysts, linguists, and surveillance specialists
who are recruited, trained, and rewarded in a manner which ensures the
existence within the Federal Bureau of Investigation an institutional
culture with substantial expertise in, and commitment to, the
intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both criminal
justice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable, be
given the opportunity to undergo, during such agent's early service
with the Bureau, meaningful assignments in criminal justice matters and
in national intelligence matters.
(4) The Director shall--
(A) establish career positions in national intelligence matters
for agents, analysts, and related personnel of the Bureau; and
(B) in furtherance of the requirement under subparagraph (A)
and to the maximum extent practicable, afford agents, analysts, and
related personnel of the Bureau the opportunity to work in the
career specialty selected by such agents, analysts, and related
personnel over their entire career with the Bureau.
(5) The Director shall carry out a program to enhance the capacity
of the Bureau to recruit and retain individuals with backgrounds in
intelligence, international relations, language, technology, and other
skills relevant to the intelligence mission of the Bureau.
(6) The Director shall, to the maximum extent practicable, afford
the analysts of the Bureau training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field Intelligence
Group, and each Bureau Operational Manager at the Section Chief and
Assistant Special Agent in Charge (ASAC) level and above, shall be a
certified intelligence officer.
(8) The Director shall, to the maximum extent practicable, ensure
that the successful discharge of advanced training courses, and of one
or more assignments to another element of the intelligence community,
is a precondition to advancement to higher level intelligence
assignments within the Bureau.
(d) Field Office Matters.--(1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under subsection
(b), the Director of the Federal Bureau of Investigation shall ensure
that each Field Intelligence Group reports directly to a field office
senior manager responsible for intelligence matters.
(2) The Director shall provide for such expansion of the secure
facilities in the field offices of the Bureau as is necessary to ensure
the discharge by the field offices of the intelligence mission of the
Bureau.
(3) The Director shall require that each Field Intelligence Group
manager ensures the integration of analysts, agents, linguists, and
surveillance personnel in the field.
(e) Discharge of Improvements.--(1) The Director of the Federal
Bureau of Investigation shall carry out subsections (b) through (d)
through the head of the Directorate of Intelligence of the Federal
Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation shall carry
out subsections (b) through (d) under the joint guidance of the
Attorney General and the National Intelligence Director in a manner
consistent with section 112(e).
(f) Budget Matters.--The Director of the Federal Bureau of
Investigation shall, establish a budget structure of the Federal Bureau
of Investigation to reflect the four principal missions of the Bureau
as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) Reports.--(1) Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report on the progress made as
of the date of such report in carrying out the requirements of this
section.
(2) The Director shall include in each annual program review of the
Federal Bureau of Investigation that is submitted to Congress a report
on the progress made by each field office of the Bureau during the
period covered by such review in addressing Bureau and national program
priorities.
(3) Not later than 180 days after the date of the enactment of this
Act, and every 12 months thereafter, the Director shall submit to
Congress a report assessing the qualifications, status, and roles of
analysts at Bureau headquarters and in the field offices of the Bureau.
(4) Not later than 180 days after the date of the enactment of this
Act, and every 12 months thereafter, the Director shall submit to
Congress a report on the progress of the Bureau in implementing
information-sharing principles.
SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Directorate of Intelligence of Federal Bureau of
Investigation.--The element of the Federal Bureau of Investigation
known as of the date of the enactment of this Act as the Office of
Intelligence is hereby redesignated as the Directorate of Intelligence
of the Federal Bureau of Investigation.
(b) Head of Directorate.--The head of the Directorate of
Intelligence shall be the Executive Assistant Director for Intelligence
of the Federal Bureau of Investigation.
(c) Responsibilities.--The Directorate of Intelligence shall be
responsible for the following:
(1) Supervision of all national intelligence programs,
projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements in section
105B of the National Security Act of 1947 (50 U.S.C. 403-5b).
(3) The oversight of Bureau field intelligence operations.
(4) Coordinating human source development and management by the
Bureau.
(5) Coordinating collection by the Bureau against nationally-
determined intelligence requirements.
(6) Strategic analysis.
(7) Intelligence program and budget management.
(8) The intelligence workforce.
(9) Any other responsibilities specified by the Director of the
Federal Bureau of Investigation or specified by law.
(d) Staff.--The Directorate of Intelligence shall consist of such
staff as the Director of the Federal Bureau of Investigation considers
appropriate for the activities of the Directorate.
SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
(a) Establishment of Federal Bureau of Investigation Intelligence
Career Service.--The Director of the Federal Bureau of Investigation
may--
(1) in consultation with the Director of the Office of
Personnel Management--
(A) establish positions for intelligence analysts, and
prescribe standards and procedures for establishing and
classifying such positions, without regard to chapter 51 of
title 5, United States Code; and
(B) fix the rate of basic pay for such positions, without
regard to subchapter III of chapter 53 of title 5, United
States Code, if the rate of pay is not greater than the rate of
basic pay payable for level IV of the Executive Schedule;
(2) appoint individuals to such positions; and
(3) establish a performance management system for such
individuals with at least one level of performance above a
retention standard.
(b) Reporting Requirement.--Not less than 60 days before the date
of the implementation of authorities authorized under this section, the
Director of the Federal Bureau of Investigation shall submit an
operating plan describing the Director's intended use of the
authorities under this section to the appropriate committees of
Congress.
(c) Annual Report.--Not later than December 31, 2005, and annually
thereafter for 4 years, the Director of the Federal Bureau of
Investigation shall submit an annual report of the use of the permanent
authorities provided under this section during the preceding fiscal
year to the appropriate committees of Congress.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress means''--
(1) the Committees on Appropriations, Homeland Security and
Governmental Affairs, and the Judiciary and the Select Committee on
Intelligence of the Senate; and
(2) the Committees on Appropriations, Government Reform, and
the Judiciary and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General.--Chapter 35 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training of a
Federal Bureau of Investigation Reserve Service (hereinafter in this
section referred to as the `FBI Reserve Service') for temporary
reemployment of employees in the Bureau during periods of emergency, as
determined by the Director.
``(b) Membership.--Membership in the FBI Reserve Service shall be
limited to individuals who previously served as full-time employees of
the Bureau.
``(c) Annuitants.--If an individual receiving an annuity from the
Civil Service Retirement and Disability Fund on the basis of such
individual's service becomes temporarily reemployed pursuant to this
section, such annuity shall not be discontinued thereby. An individual
so reemployed shall not be considered an employee for the purposes of
chapter 83 or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service
members reemployed on a temporary basis pursuant to this section shall
not count against any personnel ceiling applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence, in
accordance with applicable provisions of this title, for the purpose of
participating in any training that relates to service as a member of
the FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI Reserve
Service is not to exceed 500 members at any given time.
``(g) Limitation on Duration of Service.--An individual may not be
reemployed under this section for more than 180 days in connection with
any particular emergency unless, in the judgment of the Director, the
public interest so requires.''.
(b) Clerical Amendment.--The analysis for chapter 35 of title 5,
United States Code, is amended by adding at the end the following:
``SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``3598. Federal Bureau of Investigation Reserve Service.''.
SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE.
(a) Civil Service Retirement System.--Section 8335(b) of title 5,
United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of age'.
The Federal Bureau of Investigation may not grant more than 50
exemptions in any fiscal year in accordance with the preceding
sentence, and the authority to grant such exemptions shall cease to
be available after September 30, 2007.''.
(b) Federal Employees' Retirement System.--Section 8425(b) of title
5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of age'.
The Federal Bureau of Investigation may not grant more than 50
exemptions in any fiscal year in accordance with the preceding
sentence, and the authority to grant such exemptions shall cease to
be available after September 30, 2007.''.
SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS.
Not later than 30 days after the date of the enactment of this Act,
and annually thereafter, the Attorney General of the United States
shall submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
that contains, with respect to each preceding 12-month period--
(1) the number of translators employed, or contracted for, by
the Federal Bureau of Investigation or other components of the
Department of Justice;
(2) any legal or practical impediments to using translators
employed by the Federal, State, or local agencies on a full-time,
part-time, or shared basis;
(3) the needs of the Federal Bureau of Investigation for the
specific translation services in certain languages, and
recommendations for meeting those needs;
(4) the status of any automated statistical reporting system,
including implementation and future viability;
(5) the storage capabilities of the digital collection system
or systems utilized;
(6) a description of the establishment and compliance with
audio retention policies that satisfy the investigative and
intelligence goals of the Federal Bureau of Investigation; and
(7) a description of the implementation of quality control
procedures and mechanisms for monitoring compliance with quality
control procedures.
TITLE III--SECURITY CLEARANCES
SEC. 3001. SECURITY CLEARANCES.
(a) Definitions.--In this section:
(1) The term ``agency'' means--
(A) an executive agency (as that term is defined in section
105 of title 5, United States Code);
(B) a military department (as that term is defined in
section 102 of title 5, United States Code); and
(C) an element of the intelligence community.
(2) The term ``authorized investigative agency'' means an
agency designated by the head of the agency selected pursuant to
subsection (b) to conduct a counterintelligence investigation or
investigation of persons who are proposed for access to classified
information to ascertain whether such persons satisfy the criteria
for obtaining and retaining access to such information.
(3) The term ``authorized adjudicative agency'' means an agency
authorized by law, regulation, or direction of the Director of
National Intelligence to determine eligibility for access to
classified information in accordance with Executive Order 12968.
(4) The term ``highly sensitive program'' means--
(A) a government program designated as a Special Access
Program (as that term is defined in section 4.1(h) of Executive
Order 12958 or any successor Executive order); or
(B) a government program that applies restrictions required
for--
(i) restricted data (as that term is defined in section
11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
or
(ii) other information commonly referred to as
``sensitive compartmented information''.
(5) The term ``current investigation file'' means, with respect
to a security clearance, a file on an investigation or adjudication
that has been conducted during--
(A) the 5-year period beginning on the date the security
clearance was granted, in the case of a Top Secret Clearance,
or the date access was granted to a highly sensitive program;
(B) the 10-year period beginning on the date the security
clearance was granted in the case of a Secret Clearance; and
(C) the 15-year period beginning on the date the security
clearance was granted in the case of a Confidential Clearance.
(6) The term ``personnel security investigation'' means any
investigation required for the purpose of determining the
eligibility of any military, civilian, or government contractor
personnel to access classified information.
(7) The term ``periodic reinvestigations'' means investigations
conducted for the purpose of updating a previously completed
background investigation--
(A) every 5 years in the case of a top secret clearance or
access to a highly sensitive program;
(B) every 10 years in the case of a secret clearance; or
(C) every 15 years in the case of a Confidential Clearance.
(8) The term ``appropriate committees of Congress'' means--
(A) the Permanent Select Committee on Intelligence and the
Committees on Armed Services, Homeland Security, Government
Reform, and the Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence and the Committees
on Armed Services, Homeland Security and Governmental Affairs,
and the Judiciary of the Senate.
(b) Selection of Entity.--Not later than 90 days after the date of
the enactment of this Act, the President shall select a single
department, agency, or element of the executive branch to be
responsible for--
(1) directing day-to-day oversight of investigations and
adjudications for personnel security clearances, including for
highly sensitive programs, throughout the United States Government;
(2) developing and implementing uniform and consistent policies
and procedures to ensure the effective, efficient, and timely
completion of security clearances and determinations for access to
highly sensitive programs, including the standardization of
security questionnaires, financial disclosure requirements for
security clearance applicants, and polygraph policies and
procedures;
(3) serving as the final authority to designate an authorized
investigative agency or authorized adjudicative agency;
(4) ensuring reciprocal recognition of access to classified
information among the agencies of the United States Government,
including acting as the final authority to arbitrate and resolve
disputes involving the reciprocity of security clearances and
access to highly sensitive programs pursuant to subsection (d);
(5) ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to achieve
clearance and investigative program goals; and
(6) reviewing and coordinating the development of tools and
techniques for enhancing the conduct of investigations and granting
of clearances.
(c) Performance of Security Clearance Investigations.--(1)
Notwithstanding any other provision of law, not later than 180 days
after the date of the enactment of this Act, the President shall, in
consultation with the head of the entity selected pursuant to
subsection (b), select a single agency of the executive branch to
conduct, to the maximum extent practicable, security clearance
investigations of employees and contractor personnel of the United
States Government who require access to classified information and to
provide and maintain all security clearances of such employees and
contractor personnel. The head of the entity selected pursuant to
subsection (b) may designate other agencies to conduct such
investigations if the head of the entity selected pursuant to
subsection (b) considers it appropriate for national security and
efficiency purposes.
(2) The agency selected under paragraph (1) shall--
(A) take all necessary actions to carry out the requirements of
this section, including entering into a memorandum of understanding
with any agency carrying out responsibilities relating to security
clearances or security clearance investigations before the date of
the enactment of this Act;
(B) as soon as practicable, integrate reporting of security
clearance applications, security clearance investigations, and
determinations of eligibility for security clearances, with the
database required by subsection (e); and
(C) ensure that security clearance investigations are conducted
in accordance with uniform standards and requirements established
under subsection (b), including uniform security questionnaires and
financial disclosure requirements.
(d) Reciprocity of Security Clearance and Access Determinations.--
(1) All security clearance background investigations and determinations
completed by an authorized investigative agency or authorized
adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations initiated by
an authorized investigative agency shall be transferable to any other
authorized investigative agency.
(3)(A) An authorized investigative agency or authorized
adjudicative agency may not establish additional investigative or
adjudicative requirements (other than requirements for the conduct of a
polygraph examination) that exceed requirements specified in Executive
Orders establishing security requirements for access to classified
information without the approval of the head of the entity selected
pursuant to subsection (b).
(B) Notwithstanding subparagraph (A), the head of the entity
selected pursuant to subsection (b) may establish such additional
requirements as the head of such entity considers necessary for
national security purposes.
(4) An authorized investigative agency or authorized adjudicative
agency may not conduct an investigation for purposes of determining
whether to grant a security clearance to an individual where a current
investigation or clearance of equal level already exists or has been
granted by another authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection (b) may
disallow the reciprocal recognition of an individual security clearance
by an agency under this section on a case-by-case basis if the head of
the entity selected pursuant to subsection (b) determines that such
action is necessary for national security purposes.
(6) The head of the entity selected pursuant to subsection (b)
shall establish a review procedure by which agencies can seek review of
actions required under this section.
(e) Database on Security Clearances.--(1) Not later than 12 months
after the date of the enactment of this Act, the Director of the Office
of Personnel Management shall, in cooperation with the heads of the
entities selected pursuant to subsections (b) and (c), establish and
commence operating and maintaining an integrated, secure, database into
which appropriate data relevant to the granting, denial, or revocation
of a security clearance or access pertaining to military, civilian, or
government contractor personnel shall be entered from all authorized
investigative and adjudicative agencies.
(2) The database under this subsection shall function to integrate
information from existing Federal clearance tracking systems from other
authorized investigative and adjudicative agencies into a single
consolidated database.
(3) Each authorized investigative or adjudicative agency shall
check the database under this subsection to determine whether an
individual the agency has identified as requiring a security clearance
has already been granted or denied a security clearance, or has had a
security clearance revoked, by any other authorized investigative or
adjudicative agency.
(4) The head of the entity selected pursuant to subsection (b)
shall evaluate the extent to which an agency is submitting information
to, and requesting information from, the database under this subsection
as part of a determination of whether to certify the agency as an
authorized investigative agency or authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection (b) may
authorize an agency to withhold information about certain individuals
from the database under this subsection if the head of the entity
considers it necessary for national security purposes.
(f) Evaluation of Use of Available Technology in Clearance
Investigations and Adjudications.--(1) The head of the entity selected
pursuant to subsection (b) shall evaluate the use of available
information technology and databases to expedite investigative and
adjudicative processes for all and to verify standard information
submitted as part of an application for a security clearance.
(2) The evaluation shall assess the application of the technologies
described in paragraph (1) for--
(A) granting interim clearances to applicants at the secret,
top secret, and special access program levels before the completion
of the appropriate full investigation;
(B) expediting investigations and adjudications of security
clearances, including verification of information submitted by the
applicant;
(C) ongoing verification of suitability of personnel with
security clearances in effect for continued access to classified
information;
(D) use of such technologies to augment periodic
reinvestigations;
(E) assessing the impact of the use of such technologies on the
rights of applicants to verify, correct, or challenge information
obtained through such technologies; and
(F) such other purposes as the head of the entity selected
pursuant to subsection (b) considers appropriate.
(3) An individual subject to verification utilizing the technology
described in paragraph (1) shall be notified of such verification,
shall provide consent to such use, and shall have access to data being
verified in order to correct errors or challenge information the
individual believes is incorrect.
(4) Not later than one year after the date of the enactment of this
Act, the head of the entity selected pursuant to subsection (b) shall
submit to the President and the appropriate committees of Congress a
report on the results of the evaluation, including recommendations on
the use of technologies described in paragraph (1).
(g) Reduction in Length of Personnel Security Clearance Process.--
(1) The head of the entity selected pursuant to subsection (b) shall,
within 90 days of selection under that subsection, develop, in
consultation with the appropriate committees of Congress and each
authorized adjudicative agency, a plan to reduce the length of the
personnel security clearance process.
(2)(A) To the extent practical the plan under paragraph (1) shall
require that each authorized adjudicative agency make a determination
on at least 90 percent of all applications for a personnel security
clearance within an average of 60 days after the date of receipt of the
completed application for a security clearance by an authorized
investigative agency. Such 60-day average period shall include--
(i) a period of not longer than 40 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete the
adjudicative phase of the clearance review.
(B) Determinations on clearances not made within 60 days shall be
made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years after
the date of the enactment of this Act.
(B) During the period beginning on a date not later than 2 years
after the date after the enactment of this Act and ending on the date
on which the plan under paragraph (1) takes effect, each authorized
adjudicative agency shall make a determination on at least 80 percent
of all applications for a personnel security clearance pursuant to this
section within an average of 120 days after the date of receipt of the
application for a security clearance by an authorized investigative
agency. Such 120-day average period shall include--
(i) a period of not longer than 90 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete the
adjudicative phase of the clearance review.
(h) Reports.--(1) Not later than February 15, 2006, and annually
thereafter through 2011, the head of the entity selected pursuant to
subsection (b) shall submit to the appropriate committees of Congress a
report on the progress made during the preceding year toward meeting
the requirements of this section.
(2) Each report shall include, for the period covered by such
report--
(A) the periods of time required by the authorized
investigative agencies and authorized adjudicative agencies for
conducting investigations, adjudicating cases, and granting
clearances, from date of submission to ultimate disposition and
notification to the subject and the subject's employer;
(B) a discussion of any impediments to the smooth and timely
functioning of the requirements of this section; and
(C) such other information or recommendations as the head of
the entity selected pursuant to subsection (b) considers
appropriate.
(i) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for fiscal year 2005 and
each fiscal year thereafter for the implementation, maintenance, and
operation of the database required by subsection (e).
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) In General.--Section 114 of title 49, United States Code, is
amended by adding at the end the following:
``(t) Transportation Security Strategic Planning.--
``(1) In general.--The Secretary of Homeland Security shall
develop, prepare, implement, and update, as needed--
``(A) a National Strategy for Transportation Security; and
``(B) transportation modal security plans.
``(2) Role of secretary of transportation.--The Secretary of
Homeland Security shall work jointly with the Secretary of
Transportation in developing, revising, and updating the documents
required by paragraph (1).
``(3) Contents of national strategy for transportation
security.--The National Strategy for Transportation Security shall
include the following:
``(A) An identification and evaluation of the
transportation assets in the United States that, in the
interests of national security and commerce, must be protected
from attack or disruption by terrorist or other hostile forces,
including modal security plans for aviation, bridge and tunnel,
commuter rail and ferry, highway, maritime, pipeline, rail,
mass transit, over-the-road bus, and other public
transportation infrastructure assets that could be at risk of
such an attack or disruption.
``(B) The development of risk-based priorities across all
transportation modes and realistic deadlines for addressing
security needs associated with those assets referred to in
subparagraph (A).
``(C) The most appropriate, practical, and cost-effective
means of defending those assets against threats to their
security.
``(D) A forward-looking strategic plan that sets forth the
agreed upon roles and missions of Federal, State, regional, and
local authorities and establishes mechanisms for encouraging
private sector cooperation and participation in the
implementation of such plan.
``(E) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
``(F) A prioritization of research and development
objectives that support transportation security needs, giving a
higher priority to research and development directed toward
protecting vital transportation assets.
``(4) Submissions of plans to congress.--
``(A) Initial strategy.--The Secretary of Homeland Security
shall submit the National Strategy for Transportation Security,
including the transportation modal security plans, developed
under this subsection to the appropriate congressional
committees not later than April 1, 2005.
``(B) Subsequent versions.--After December 31, 2005, the
Secretary of Homeland Security shall submit the National
Strategy for Transportation Security, including the
transportation modal security plans and any revisions to the
National Strategy for Transportation Security and the
transportation modal security plans, to appropriate
congressional committees not less frequently than April 1 of
each even-numbered year.
``(C) Periodic progress report.--
``(i) Requirement for report.--Each year, in
conjunction with the submission of the budget to Congress
under section 1105(a) of title 31, United States Code, the
Secretary of Homeland Security shall submit to the
appropriate congressional committees an assessment of the
progress made on implementing the National Strategy for
Transportation Security.
``(ii) Content.--Each progress report under this
subparagraph shall include, at a minimum, recommendations
for improving and implementing the National Strategy for
Transportation Security and the transportation modal
security plans that the Secretary, in consultation with the
Secretary of Transportation, considers appropriate.
``(D) Classified material.--Any part of the National
Strategy for Transportation Security or the transportation
modal security plans that involve information that is properly
classified under criteria established by Executive order shall
be submitted to the appropriate congressional committees
separately in a classified format.
``(E) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means the Committee on Transportation and
Infrastructure and the Select Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate.
``(5) Priority Status.--
``(A) In general.--The National Strategy for Transportation
Security shall be the governing document for Federal
transportation security efforts.
``(B) Other plans and reports.--The National Strategy for
Transportation Security shall include, as an integral part or
as an appendix--
``(i) the current National Maritime Transportation
Security Plan under section 70103 of title 46;
``(ii) the report required by section 44938 of this
title;
``(iii) transportation modal security plans required
under this section; and
``(iv) any other transportation security plan or report
that the Secretary of Homeland Security determines
appropriate for inclusion.''.
(b) Aviation Security Planning; Operational Criteria.--Section
44904 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Modal Security Plan for Aviation.--In addition to the
requirements set forth in subparagraphs (B) through (F) of section
114(t)(3), the modal security plan for aviation prepared under section
114(t) shall--
``(1) establish a damage mitigation and recovery plan for the
aviation system in the event of a terrorist attack; and
``(2) include a threat matrix document that outlines each
threat to the United States civil aviation system and the
corresponding layers of security in place to address such threat.
``(d) Operational Criteria.--Not later than 90 days after the date
of the submission of the National Strategy for Transportation Security
under section 114(t)(4)(A), the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall issue
operational criteria to protect airport infrastructure and operations
against the threats identified in the plans prepared under section
114(t)(1) and shall approve best practices guidelines for airport
assets.''.
Subtitle B--Aviation Security
SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) Use of Biometric Identifier Technology.--Section 44903(h) of
title 49, United States Code, is amended--
(1) in paragraph (4)(E) by striking ``may provide for'' and
inserting ``shall issue, not later than March 31, 2005, guidance
for''; and
(2) by adding at the end the following:
``(5) Use of biometric technology in airport access control
systems.--In issuing guidance under paragraph (4)(E), the Assistant
Secretary of Homeland Security (Transportation Security
Administration) in consultation with representatives of the
aviation industry, the biometric identifier industry, and the
National Institute of Standards and Technology, shall establish, at
a minimum--
``(A) comprehensive technical and operational system
requirements and performance standards for the use of biometric
identifier technology in airport access control systems
(including airport perimeter access control systems) to ensure
that the biometric identifier systems are effective, reliable,
and secure;
``(B) a list of products and vendors that meet the
requirements and standards set forth in subparagraph (A);
``(C) procedures for implementing biometric identifier
systems--
``(i) to ensure that individuals do not use an assumed
identity to enroll in a biometric identifier system; and
``(ii) to resolve failures to enroll, false matches,
and false non-matches; and
``(D) best practices for incorporating biometric identifier
technology into airport access control systems in the most
effective manner, including a process to best utilize existing
airport access control systems, facilities, and equipment and
existing data networks connecting airports.
``(6) Use of biometric technology for law enforcement officer
travel.--
``(A) In general.--Not later than 120 days after the date
of enactment of this paragraph, the Assistant Secretary, in
consultation with the Attorney General, shall--
``(i) establish a law enforcement officer travel
credential that incorporates biometric identifier
technology and is uniform across all Federal, State, local,
tribal, and territorial government law enforcement
agencies;
``(ii) establish a process by which the travel
credential will be used to verify the identity of a
Federal, State, local, tribal, or territorial law
enforcement officer seeking to carry a weapon on board an
aircraft, without unnecessarily disclosing to the public
that the individual is a law enforcement officer;
``(iii) establish procedures--
``(I) to ensure that only Federal, State, local,
tribal, and territorial government law enforcement
officers are issued a law enforcement travel
credential;
``(II) to resolve failures to enroll, false
matches, and false non-matches relating to use of the
law enforcement travel credential; and
``(III) to invalidate any law enforcement travel
credential that is lost, stolen, or no longer
authorized for use;
``(iv) begin issuance of the travel credential to each
Federal, State, local, tribal, or territorial government
law enforcement officer authorized by the Assistant
Secretary to carry a weapon on board an aircraft; and
``(v) take such other actions with respect to the
travel credential as the Assistant Secretary considers
appropriate.
``(B) Funding.--There is authorized to be appropriated such
sums as may be necessary to carry out this paragraph.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Biometric identifier information.--The term
`biometric identifier information' means the distinct physical
or behavioral characteristics of an individual that are used
for unique identification, or verification of the identity, of
an individual.
``(B) Biometric identifier.--The term `biometric
identifier' means a technology that enables the automated
identification, or verification of the identity, of an
individual based on biometric information.
``(C) Failure to enroll.--The term `failure to enroll'
means the inability of an individual to enroll in a biometric
identifier system due to an insufficiently distinctive
biometric sample, the lack of a body part necessary to provide
the biometric sample, a system design that makes it difficult
to provide consistent biometric identifier information, or
other factors.
``(D) False match.--The term `false match' means the
incorrect matching of one individual's biometric identifier
information to another individual's biometric identifier
information by a biometric identifier system.
``(E) False non-match.--The term `false non-match' means
the rejection of a valid identity by a biometric identifier
system.
``(F) Secure area of an airport.--The term `secure area of
an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).''.
(b) Aviation Security Research and Development.--There is
authorized to be appropriated to the Secretary of Homeland Security for
the use of the Transportation Security Administration $20,000,000, in
addition to any amounts otherwise authorized by law, for research and
development of advanced biometric technology applications to aviation
security, including mass identification technology.
(c) Sense of Congress on Transfer of Technology.--It is the sense
of Congress that the national intelligence community and the Department
of Homeland Security should share information on and technological
advancements to biometric systems, biometric technology, and biometric
identifier systems obtained through research and development programs
conducted by various Federal agencies.
(d) Biometric Center of Excellence.--There is authorized to be
appropriated $1,000,000, in addition to any amounts otherwise
authorized by law, for the establishment of a competitive center of
excellence that will develop and expedite the Federal Government's use
of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) In General.--
(1) Domestic flights.--Section 44903(j)(2) of title 49, United
States Code, is amended by adding at the end the following:
``(C) Advanced airline passenger prescreening.--
``(i) Commencement of testing.--Not later than January
1, 2005, the Assistant Secretary of Homeland Security
(Transportation Security Administration), or the designee
of the Assistant Secretary, shall commence testing of an
advanced passenger prescreening system that will allow the
Department of Homeland Security to assume the performance
of comparing passenger information, as defined by the
Assistant Secretary, to the automatic selectee and no fly
lists, utilizing all appropriate records in the
consolidated and integrated terrorist watchlist maintained
by the Federal Government.
``(ii) Assumption of function.--Not later than 180 days
after completion of testing under clause (i), the Assistant
Secretary, or the designee of the Assistant Secretary,
shall begin to assume the performance of the passenger
prescreening function of comparing passenger information to
the automatic selectee and no fly lists and utilize all
appropriate records in the consolidated and integrated
terrorist watchlist maintained by the Federal Government in
performing that function.
``(iii) Requirements.--In assuming performance of the
function under clause (ii), the Assistant Secretary shall--
``(I) establish a procedure to enable airline
passengers, who are delayed or prohibited from boarding
a flight because the advanced passenger prescreening
system determined that they might pose a security
threat, to appeal such determination and correct
information contained in the system;
``(II) ensure that Federal Government databases
that will be used to establish the identity of a
passenger under the system will not produce a large
number of false positives;
``(III) establish an internal oversight board to
oversee and monitor the manner in which the system is
being implemented;
``(IV) establish sufficient operational safeguards
to reduce the opportunities for abuse;
``(V) implement substantial security measures to
protect the system from unauthorized access;
``(VI) adopt policies establishing effective
oversight of the use and operation of the system; and
``(VII) ensure that there are no specific privacy
concerns with the technological architecture of the
system.
``(iv) Passenger information.--Not later than 180 days
after the completion of the testing of the advanced
passenger prescreening system, the Assistant Secretary, by
order or interim final rule--
``(I) shall require air carriers to supply to the
Assistant Secretary the passenger information needed to
begin implementing the advanced passenger prescreening
system; and
``(II) shall require entities that provide systems
and services to air carriers in the operation of air
carrier reservations systems to provide to air carriers
passenger information in possession of such entities,
but only to the extent necessary to comply with
subclause (I).
``(D) Screening of employees against watchlist.--The
Assistant Secretary of Homeland Security (Transportation
Security Administration), in coordination with the Secretary of
Transportation and the Administrator of the Federal Aviation
Administration, shall ensure that individuals are screened
against all appropriate records in the consolidated and
integrated terrorist watchlist maintained by the Federal
Government before--
``(i) being certificated by the Federal Aviation
Administration;
``(ii) being granted unescorted access to the secure
area of an airport; or
``(iii) being granted unescorted access to the air
operations area (as defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulation to
such section) of an airport.
``(E) Aircraft charter customer and lessee prescreening.--
``(i) In general.--Not later than 90 days after the
date on which the Assistant Secretary assumes the
performance of the advanced passenger prescreening function
under subparagraph (C)(ii), the Assistant Secretary shall
establish a process by which operators of aircraft to be
used in charter air transportation with a maximum takeoff
weight greater than 12,500 pounds and lessors of aircraft
with a maximum takeoff weight greater than 12,500 pounds
may--
``(I) request the Department of Homeland Security
to use the advanced passenger prescreening system to
compare information about any individual seeking to
charter an aircraft with a maximum takeoff weight
greater than 12,500 pounds, any passenger proposed to
be transported aboard such aircraft, and any individual
seeking to lease an aircraft with a maximum takeoff
weight greater than 12,500 pounds to the automatic
selectee and no fly lists, utilizing all appropriate
records in the consolidated and integrated terrorist
watchlist maintained by the Federal Government; and
``(II) refuse to charter or lease an aircraft with
a maximum takeoff weight greater than 12,500 pounds to
or transport aboard such aircraft any persons
identified on such watch list.
``(ii) Requirements.--The requirements of subparagraph
(C)(iii) shall apply to this subparagraph.
``(iii) No fly and automatic selectee lists.--The
Secretary of Homeland Security, in consultation with the
Terrorist Screening Center, shall design and review, as
necessary, guidelines, policies, and operating procedures
for the collection, removal, and updating of data
maintained, or to be maintained, in the no fly and
automatic selectee lists.
``(F) Applicability.--Section 607 of the Vision 100--
Century of Aviation Reauthorization Act (49 U.S.C. 44903 note;
117 Stat. 2568) shall not apply to the advanced passenger
prescreening system established under subparagraph (C).
``(G) Appeal procedures.--
``(i) In general.--The Assistant Secretary shall
establish a timely and fair process for individuals
identified as a threat under one or more of subparagraphs
(C), (D), and (E) to appeal to the Transportation Security
Administration the determination and correct any erroneous
information.
``(ii) Records.--The process shall include the
establishment of a method by which the Assistant Secretary
will be able to maintain a record of air passengers and
other individuals who have been misidentified and have
corrected erroneous information. To prevent repeated delays
of misidentified passengers and other individuals, the
Transportation Security Administration record shall contain
information determined by the Assistant Secretary to
authenticate the identity of such a passenger or
individual.
``(H) Definition.--In this paragraph, the term `secure area
of an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).''.
(2) International flights.--Section 44909(c) of title 49,
United States Code, is amended--
(A) by striking ``paragraph (5),'' in paragraph (4) and
inserting ``paragraphs (5) and (6),''; and
(B) by adding at the end the following:
``(6) Prescreening international passengers.--
``(A) In general.--Not later than 60 days after date of
enactment of this paragraph, the Secretary of Homeland
Security, or the designee of the Secretary, shall issue a
notice of proposed rulemaking that will allow the Department of
Homeland Security to compare passenger information for any
international flight to or from the United States against the
consolidated and integrated terrorist watchlist maintained by
the Federal Government before departure of the flight.
``(B) Appeal procedures.--
``(i) In general.--The Secretary of Homeland Security
shall establish a timely and fair process for individuals
identified as a threat under subparagraph (A) to appeal to
the Department of Homeland Security the determination and
correct any erroneous information.
``(ii) Records.--The process shall include the
establishment of a method by which the Secretary will be
able to maintain a record of air passengers and other
individuals who have been misidentified and have corrected
erroneous information. To prevent repeated delays of
misidentified passengers and other individuals, the
Department of Homeland Security record shall contain
information determined by the Secretary to authenticate the
identity of such a passenger or individual.''.
(b) Report on Effects on Privacy and Civil Liberties.--
(1) Requirement for report.--Not later than 180 days after the
date of the enactment of this Act, the Security Privacy Officer of
the Department of Homeland Security shall submit a report assessing
the impact of the automatic selectee and no fly lists on privacy
and civil liberties to the Committee on the Judiciary, the
Committee on Homeland Security and Governmental Affairs, and the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on the Judiciary, the Committee on Government
Reform, the Committee on Transportation and Infrastructure, and the
Select Committee on Homeland Security of the House of
Representatives.
(2) Content.--The report submitted under paragraph (1) shall
include--
(A) any recommendations for practices, procedures,
regulations, or legislation that the Security Privacy Officer
considers necessary to minimize adverse effects of automatic
selectee and no fly lists on privacy, discrimination, due
process, and other civil liberties;
(B) a discussion of the implications of applying those
lists to other modes of transportation; and
(C) the effect that implementation of the recommendations
would have on the effectiveness of the use of such lists to
protect the United States against terrorist attacks.
(3) Form.--To the greatest extent consistent with the
protection of law enforcement-sensitive information and classified
information, and the administration of applicable law, the report
shall be submitted in unclassified form and shall be available to
the public. The report may contain a classified annex if necessary.
(c) Report on Criteria for Consolidated Terrorist Watch List.--
(1) In general.--Within 180 days after the date of enactment of
this Act, the Director of National Intelligence, in consultation
with the Secretary of Homeland Security, the
Secretary of State, and the Attorney General, shall submit to
Congress a report on the Terrorist Screening Center consolidated
screening watch list.
(2) Contents.--The report shall include--
(A) the criteria for placing the name of an individual on
the watch list;
(B) the minimum standards for reliability and accuracy of
identifying information;
(C) the degree of information certainty and the range of
threat levels that are to be identified for an individual; and
(D) the range of applicable consequences that are to apply
to an individual, if located.
(3) Form.--To the greatest extent consistent with the
protection of law enforcement-sensitive information and classified
information and the administration of applicable law, the report
shall be submitted in unclassified form and shall be available to
the public. The report may contain a classified annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT
SCREENING CHECKPOINTS.
(a) In General.--Subchapter I of chapter 449, of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44925. Deployment and use of detection equipment at airport
screening checkpoints
``(a) Weapons and Explosives.--The Secretary of Homeland Security
shall give a high priority to developing, testing, improving, and
deploying, at airport screening checkpoints, equipment that detects
nonmetallic, chemical, biological, and radiological weapons, and
explosives, in all forms, on individuals and in their personal
property. The Secretary shall ensure that the equipment alone, or as
part of an integrated system, can detect under realistic operating
conditions the types of weapons and explosives that terrorists would
likely try to smuggle aboard an air carrier aircraft.
``(b) Strategic Plan for Deployment and Use of Explosive Detection
Equipment at Airport Screening Checkpoints.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall submit to
the appropriate congressional committees a strategic plan to
promote the optimal utilization and deployment of explosive
detection equipment at airports to screen individuals and their
personal property. Such equipment includes walk-through explosive
detection portals, document scanners, shoe scanners, and
backscatter x-ray scanners. The plan may be submitted in a
classified format.
``(2) Content.--The strategic plan shall include, at minimum--
``(A) a description of current efforts to detect explosives
in all forms on individuals and in their personal property;
``(B) a description of the operational applications of
explosive detection equipment at airport screening checkpoints;
``(C) a deployment schedule and a description of the
quantities of equipment needed to implement the plan;
``(D) a description of funding needs to implement the plan,
including a financing plan that provides for leveraging of non-
Federal funding;
``(E) a description of the measures taken and anticipated
to be taken in carrying out subsection (d); and
``(F) a description of any recommended legislative actions.
``(c) Portal Detection Systems.--There is authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $250,000,000, in addition to any
amounts otherwise authorized by law, for research, development, and
installation of detection systems and other devices for the detection
of biological, chemical, radiological, and explosive materials.
``(d) Interim Action.--Until measures are implemented that enable
the screening of all passengers for explosives, the Assistant Secretary
shall provide, by such means as the Assistant Secretary considers
appropriate, explosives detection screening for all passengers
identified for additional screening and their personal property that
will be carried aboard a passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation.''.
(b) Conforming Amendment.--The analysis for chapter 449 of title
49, United States Code, is amended by inserting after the item relating
to section 44924 the following:
``44925. Deployment and use of detection equipment at airport screening
checkpoints.''.
SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
(a) Advanced Integrated Airport Checkpoint Screening System Pilot
Program.--Not later than March 31, 2005, the Assistant Secretary of
Homeland Security (Transportation Security Administration) shall
develop and initiate a pilot program to deploy and test advanced
airport checkpoint screening devices and technology as an integrated
system at not less than 5 airports in the United States.
(b) Funding.--Of the amounts appropriated pursuant to section
48301(a) of title 49, United States Code, for each of fiscal years 2005
and 2006, not more than $150,000,000 shall be available to carry out
subsection (a).
SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
(a) Required Action.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall take such action as may
be necessary to improve the job performance of airport screening
personnel.
(b) Human Factors Study.--In carrying out this section, the
Assistant Secretary shall provide, not later than 180 days after the
date of the enactment of this Act, to the appropriate congressional
committees a report on the results of any human factors study conducted
by the Department of Homeland Security to better understand problems in
screener performance and to improve screener performance.
SEC. 4016. FEDERAL AIR MARSHALS.
(a) Federal Air Marshal Anonymity.--The Director of the Federal Air
Marshal Service of the Department of Homeland Security shall continue
operational initiatives to protect the anonymity of Federal air
marshals.
(b) Authorization of Additional Appropriations.--There is
authorized to be appropriated to the Secretary of Homeland Security for
the use of the Bureau of Immigration and Customs Enforcement, in
addition to any amounts otherwise authorized by law, for the deployment
of Federal air marshals under section 44917 of title 49, United States
Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal
year 2005. Such sums shall remain available until expended.
(c) Federal Law Enforcement Counterterrorism Training.--
(1) Availability of information.--The Assistant Secretary for
Immigration and Customs Enforcement and the Director of Federal Air
Marshal Service of the Department of Homeland Security, shall make
available, as practicable, appropriate information on in-flight
counterterrorism and weapons handling procedures and tactics
training to Federal law enforcement officers who fly while in
possession of a firearm.
(2) Identification of fraudulent documents.--The Assistant
Secretary for Immigration and Customs Enforcement and the Director
of Federal Air Marshal Service of the Department of Homeland
Security, in coordination with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall ensure
that Transportation Security Administration screeners and Federal
air marshals receive training in identifying fraudulent
identification documents, including fraudulent or expired visas and
passports. Such training shall also be made available to other
Federal law enforcement agencies and local law enforcement agencies
located in a State that borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF
FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively international
agreements with foreign governments to allow the maximum deployment of
Federal air marshals on international flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Training for Foreign Law Enforcement Personnel.--
``(1) In general.--The Assistant Secretary for Immigration and
Customs Enforcement of the Department of Homeland Security, after
consultation with the Secretary of State, may direct the Federal
Air Marshal Service to provide appropriate air marshal training to
law enforcement personnel of foreign countries.
``(2) Watchlist screening.--The Federal Air Marshal Service may
only provide appropriate air marshal training to law enforcement
personnel of foreign countries after comparing the identifying
information and records of law enforcement personnel of foreign
countries against all appropriate records in the consolidated and
integrated terrorist watchlists maintained by the Federal
Government.
``(3) Fees.--The Assistant Secretary shall establish reasonable
fees and charges to pay expenses incurred in carrying out this
subsection. Funds collected under this subsection shall be credited
to the account in the Treasury from which the expenses were
incurred and shall be available to the Assistant Secretary for
purposes for which amounts in such account are available.''.
SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING.
(a) In-Line Baggage Screening Equipment.--The Assistant Secretary
of Homeland Security (Transportation Security Administration) shall
take such action as may be necessary to expedite the installation and
use of in-line baggage screening equipment at airports at which
screening is required by section 44901 of title 49, United States Code.
(b) Schedule.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit to the
appropriate congressional committees a schedule to expedite the
installation and use of in-line baggage screening equipment at such
airports, with an estimate of the impact that such equipment, facility
modification, and baggage conveyor placement will have on staffing
needs and levels related to aviation security.
(c) Replacement of Trace-Detection Equipment.--Not later than 180
days after the date of enactment of this Act, the Assistant Secretary
shall establish and submit to the appropriate congressional committees
a schedule for replacing trace-detection equipment, as soon as
practicable and where appropriate, with explosive detection system
equipment.
(d) Cost-Sharing Study.--The Secretary of Homeland Security, in
consultation with representatives of air carriers, airport operators,
and other interested parties, shall submit to the appropriate
congressional committees, in conjunction with the submission of the
budget for fiscal year 2006 to Congress under section 1105(a) of title
31, United States Code--
(1) a proposed formula for cost-sharing among the Federal
Government, State and local governments, and the private sector for
projects to install in-line baggage screening equipment that
reflects the benefits that each of such entities derive from such
projects, including national security benefits and labor and other
cost savings;
(2) recommendations, including recommended legislation, for an
equitable, feasible, and expeditious system for defraying the costs
of the in-line baggage screening equipment authorized by this
title; and
(3) the results of a review of innovative financing approaches
and possible cost savings associated with the installation of in-
line baggage screening equipment at airports.
(e) Authorization for Expiring and New LOIs.--
(1) In general.--Section 44923(i) of title 49, United States
Code, is amended by striking ``$250,000,000 for each of fiscal
years 2004 through 2007.'' and inserting ``$400,000,000 for each of
fiscal years 2005, 2006, and 2007.''.
(2) Period of reimbursement.--Notwithstanding any other
provision of law, the Secretary may provide that the period of
reimbursement under any letter of intent may extend for a period
not to exceed 10 years after the date that the Secretary issues
such letter, subject to the availability of appropriations. This
paragraph applies to letters of intent issued under section 44923
of title 49, United States Code, and letters of intent issued under
section 367 of the Department of Transportation and Related
Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING.
(a) In General.--The Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall provide, subject
to the availability of funds, assistance to airports at which screening
is required by section 44901 of title 49, United States Code, and that
have checked baggage screening areas that are not open to public view
in the acquisition and installation of security monitoring cameras for
surveillance of such areas in order to deter theft from checked baggage
and to aid in the speedy resolution of liability claims against the
Transportation Security Administration.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security for fiscal year 2005
such sums as may be necessary to carry out this section. Such sums
shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
(a) Study.--The Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Administrator of the Federal Aviation Administration, shall conduct a
study to determine the viability of providing devices or methods,
including wireless methods, to enable a flight crew to discreetly
notify the pilot in the case of a security breach or safety issue
occurring in the cabin.
(b) Matters To Be Considered.--In conducting the study, the
Transportation Security Administration and the Federal Aviation
Administration shall consider technology that is readily available and
can be quickly integrated and customized for use aboard aircraft for
flight crew communication.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Transportation Security Administration shall submit to
the appropriate congressional committees a report on the results of the
study.
SEC. 4022. IMPROVED PILOT LICENSES.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall begin to issue improved pilot licenses consistent
with the requirements of title 49, United States Code, and title 14,
Code of Federal Regulations.
(b) Requirements.--Improved pilots licenses issued under subsection
(a) shall--
(1) be resistant to tampering, alteration, and counterfeiting;
(2) include a photograph of the individual to whom the license
is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier that the
Administrator considers necessary.
(c) Tampering.--To the extent practical, the Administrator shall
develop methods to determine or reveal whether any component or
security feature of a license issued under subsection (a) has been
tampered, altered, or counterfeited.
(d) Use of Designees.--The Administrator may use designees to carry
out subsection (a) to the extent feasible in order to minimize the
burdens on pilots.
SEC. 4023. AVIATION SECURITY STAFFING.
(a) Aviation Security Staffing.--Not later than 90 days after the
date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall develop and
submit to the appropriate congressional committees standards for
determining the aviation security staffing for all airports at which
screening is required under section 44901 of title 49, United States
Code, necessary to--
(1) provide necessary levels of aviation security; and
(2) ensure that the average aviation security-related delay
experienced by airline passengers is minimized.
(b) GAO Analysis.--As soon as practicable after the date on which
the Assistant Secretary has developed standards under subsection (a),
the Comptroller General shall conduct an expedited analysis of, and
submit a report to the appropriate congressional committees on, the
standards for effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(c) Integration of Federal Airport Workforce and Aviation
Security.--The Secretary of Homeland Security shall conduct a study of
the feasibility of combining operations of Federal employees involved
in screening at commercial airports and aviation security-related
functions under the authority of the Department of Homeland Security in
order to coordinate security-related activities, increase the
efficiency and effectiveness of those activities, and increase
commercial air transportation security.
SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
(a) Plan and Guidelines.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall develop a plan
and guidelines for implementing improved explosive detection system
equipment.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $100,000,000, in addition to any
amounts otherwise authorized by law, for the purpose of research and
development of improved explosive detection systems for aviation
security under section 44913 of title 49, United States Code.
SEC. 4025. PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this Act, the
Assistant Secretary for Homeland Security (Transportation Security
Administration) shall complete a review of the list of items prohibited
from being carried aboard a passenger aircraft operated by an air
carrier or foreign air carrier in air transportation or intrastate air
transportation set forth in section 1540 of title 49, Code of Federal
Regulations, and shall release a revised list that includes--
(1) butane lighters; and
(2) any other modification that the Assistant Secretary
considers appropriate.
SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export Control.--
(1) To limit availability and transfer of manpads.--The
President shall pursue, on an urgent basis, further strong
international diplomatic and cooperative efforts, including
bilateral and multilateral treaties, in the appropriate forum to
limit the availability, transfer, and proliferation of MANPADSs
worldwide.
(2) To limit the proliferation of manpads.--The President is
encouraged to seek to enter into agreements with the governments of
foreign countries that, at a minimum, would--
(A) prohibit the entry into force of a MANPADS
manufacturing license agreement and MANPADS co-production
agreement, other than the entry into force of a manufacturing
license or co-production agreement with a country that is party
to such an agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any component,
part, accessory, or attachment thereof, without an individual
validated license; and
(C) prohibit the reexport or retransfer of a MANPADS,
including any component, part, accessory, or attachment
thereof, to a third person, organization, or government unless
the written consent of the government that approved the
original export or transfer is first obtained.
(3) To achieve destruction of manpads.--The President should
continue to pursue further strong international diplomatic and
cooperative efforts, including bilateral and multilateral treaties,
in the appropriate forum to assure the destruction of excess,
obsolete, and illicit stocks of MANPADSs worldwide.
(4) Reporting and briefing requirement.--
(A) President's report.--Not later than 180 days after the
date of enactment of this Act, the President shall transmit to
the appropriate congressional committees a report that contains
a detailed description of the status of diplomatic efforts
under paragraphs (1), (2), and (3) and of efforts by the
appropriate United States agencies to comply with the
recommendations of the General Accounting Office set forth in
its report GAO-04-519, entitled ``Nonproliferation: Further
Improvements Needed in U.S. Efforts to Counter Threats from
Man-Portable Air Defense Systems''.
(B) Annual briefings.--Annually after the date of
submission of the report under subparagraph (A) and until
completion of the diplomatic and compliance efforts referred to
in subparagraph (A), the Secretary of State shall brief the
appropriate congressional committees on the status of such
efforts.
(b) FAA Airworthiness Certification of Missile Defense Systems for
Commercial Aircraft.--
(1) In general.--As soon as practicable, but not later than the
date of completion of Phase II of the Department of Homeland
Security's counter-man-portable air defense system (MANPADS)
development and demonstration program, the Administrator of the
Federal Aviation Administration shall establish a process for
conducting airworthiness and safety certification of missile
defense systems for commercial aircraft certified as effective and
functional by the Department of Homeland Security. The process
shall require a certification by the Administrator that such
systems can be safely integrated into aircraft systems and ensure
airworthiness and aircraft system integrity.
(2) Certification acceptance.--Under the process, the
Administrator shall accept the certification of the Department of
Homeland Security that a missile defense system is effective and
functional to defend commercial aircraft against MANPADSs.
(3) Expeditious certification.--Under the process, the
Administrator shall expedite the airworthiness and safety
certification of missile defense systems for commercial aircraft
certified by the Department of Homeland Security.
(4) Reports.--Not later than 90 days after the first
airworthiness and safety certification for a missile defense system
for commercial aircraft is issued by the Administrator, and
annually thereafter until December 31, 2008, the Federal Aviation
Administration shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report that contains a detailed description of each airworthiness
and safety certification issued for a missile defense system for
commercial aircraft.
(c) Programs to Reduce MANPADS.--
(1) In general.--The President is encouraged to pursue strong
programs to reduce the number of MANPADSs worldwide so that fewer
MANPADSs will be available for trade, proliferation, and sale.
(2) Reporting and briefing requirements.--Not later than 180
days after the date of enactment of this Act, the President shall
transmit to the appropriate congressional committees a report that
contains a detailed description of the status of the programs being
pursued under subsection (a). Annually thereafter until the
programs are no longer needed, the Secretary of State shall brief
the appropriate congressional committees on the status of programs.
(3) Funding.--There is authorized to be appropriated such sums
as may be necessary to carry out this section.
(d) MANPADS Vulnerability Assessments Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report describing the
Department of Homeland Security's plans to secure airports and the
aircraft arriving and departing from airports against MANPADSs
attacks.
(2) Matters to be addressed.--The Secretary's report shall
address, at a minimum, the following:
(A) The status of the Department's efforts to conduct
MANPADSs vulnerability assessments at United States airports at
which the Department is conducting assessments.
(B) How intelligence is shared between the United States
intelligence agencies and Federal, State, and local law
enforcement to address the MANPADS threat and potential ways to
improve such intelligence sharing.
(C) Contingency plans that the Department has developed in
the event that it receives intelligence indicating a high
threat of a MANPADS attack on aircraft at or near United States
airports.
(D) The feasibility and effectiveness of implementing
public education and neighborhood watch programs in areas
surrounding United States airports in cases in which
intelligence reports indicate there is a high risk of MANPADS
attacks on aircraft.
(E) Any other issues that the Secretary deems relevant.
(3) Format.--The report required by this subsection may be
submitted in a classified format.
(e) Definitions.--In this section, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
International Relations, and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; and
(B) any other surface-to-air missile system designed to be
operated and fired by more than one individual acting as a crew
and portable by several individuals.
SEC. 4027. TECHNICAL CORRECTIONS.
(a) Administrative Imposition of Penalties.--Section 46301(d) of
title 49, United States Code, is amended--
(1) in the first sentence of paragraph (2) by striking ``46302,
46303,'' and inserting ``46302 (for a violation relating to section
46504),'';
(2) in the second sentence of paragraph (2)--
(A) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Secretary of Homeland Security'';
and
(B) by striking ``44909)'' and inserting ``44909), 46302
(except for a violation relating to section 46504), 46303,'';
(3) in paragraphs (2), (3), and (4) by striking ``Under
Secretary or'' each place it occurs and inserting ``Secretary of
Homeland Security or''; and
(4) in paragraph (4)(A) by moving clauses (i), (ii), and (iii)
2 ems to the left.
(b) Compromise and Setoff for False Information.--Section
46302(b)(1) of title 49, United States Code, is amended by striking
``Secretary of Transportation'' and inserting ``Secretary of Homeland
Security and, for a violation relating to section 46504, the Secretary
of Transportation,''.
(c) Carrying a Weapon.--Section 46303 of title 49, United States
Code, is amended--
(1) in subsection (b)(1) by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland Security'';
and
(2) in subsection (c)(2) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Secretary of Homeland
Security''.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment of this
Act, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall submit to the appropriate congressional
committees a report on the costs and benefits associated with the use
of secondary flight deck barriers, including the recommendation of the
Assistant Secretary whether or not the use of such barriers should be
mandated for all air carriers. The report may be submitted in a
classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by
striking ``and 2005'' and inserting ``2005, and 2006''.
Subtitle C--Air Cargo Security
SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND
BAGGAGE CONTAINERS.
(a) In General.--Beginning not later than 180 days after the date
of enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall carry out a pilot
program to evaluate the use of blast-resistant containers for cargo and
baggage on passenger aircraft to minimize the potential effects of
detonation of an explosive device.
(b) Incentives for Participation in Pilot Program.--
(1) In general.--As part of the pilot program, the Assistant
Secretary shall provide incentives to air carriers to volunteer to
test the use of blast-resistant containers for cargo and baggage on
passenger aircraft.
(2) Applications.--To volunteer to participate in the incentive
program, an air carrier shall submit to the Assistant Secretary an
application that is in such form and contains such information as
the Assistant Secretary requires.
(3) Types of incentives.--Incentives provided by the Assistant
Secretary to air carriers that volunteer to participate in the
pilot program shall include the use of, and financial assistance to
cover increased costs to the carriers associated with the use and
maintenance of, blast-resistant containers, including increased
fuel costs.
(c) Technological Improvements.--The Secretary of Homeland
Security, in cooperation with the Secretary of Transportation, shall
support efforts to explore alternative technologies for minimizing the
potential effects of detonation of an explosive device on cargo and
passenger aircraft.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsections (a) and (b) $2,000,000. Such sum
shall remain available until expended.
SEC. 4052. AIR CARGO SECURITY.
(a) Air Cargo Screening Technology.--The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall
develop technology to better identify, track, and screen air cargo.
(b) Improved Air Cargo and Airport Security.--There is authorized
to be appropriated to the Secretary of Homeland Security for the use of
the Transportation Security Administration, in addition to any amounts
otherwise authorized by law, for the purpose of improving aviation
security related to the transportation of cargo on both passenger
aircraft and all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(c) Research, Development, and Deployment.--To carry out subsection
(a), there is authorized to be appropriated to the Secretary, in
addition to any amounts otherwise authorized by law, for research and
development related to enhanced air cargo security technology as well
as for deployment and installation of enhanced air cargo security
technology--
(1) $100,000,000 for fiscal year 2005;
(2) $100,000,000 for fiscal year 2006; and
(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d) Advanced Cargo Security Grants.--
(1) In general.--The Secretary shall establish and carry out a
program to issue competitive grants to encourage the development of
advanced air cargo security technology, including use of innovative
financing or other means of funding such activities. The Secretary
may make available funding for this purpose from amounts
appropriated pursuant to subsection (c).
(2) Eligibility criteria, etc.--The Secretary shall establish
such eligibility criteria, establish such application and
administrative procedures, and provide for such matching funding
requirements, if any, as may be necessary and appropriate to ensure
that the technology is deployed as fully and rapidly as possible.
SEC. 4053. AIR CARGO SECURITY REGULATIONS.
Not later than 240 days after the date of enactment of this Act,
the Assistant Secretary of Homeland Security (Transportation Security
Administration) shall issue a final rule in Docket Number TSA-2004-
19515 to amend transportation security regulations to enhance and
improve the security of air cargo transported in both passenger and
all-cargo aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in coordination with the
Secretary of Defense and the Administrator of the Federal Aviation
Administration, shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that contains
the following:
(1) A description of the current procedures in place to address
the threat of an inbound all-cargo aircraft from outside the United
States that intelligence sources indicate could carry explosive,
incendiary, chemical, biological, or nuclear devices.
(2) An analysis of the potential for establishing secure
facilities along established international aviation routes for the
purposes of diverting and securing aircraft described in paragraph
(1).
(b) Report Format.--The Secretary may submit all, or part, of the
report required by this section in such a classified and redacted
format as the Secretary determines appropriate or necessary.
Subtitle D--Maritime Security
SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
(a) Watch Lists.--
(1) In general.--As soon as practicable but not later than 180
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall--
(A) implement a procedure under which the Department of
Homeland Security compares information about passengers and
crew who are to be carried aboard a cruise ship with a
comprehensive, consolidated database containing information
about known or suspected terrorists and their associates;
(B) use the information obtained by comparing the passenger
and crew information with the information in the database to
prevent known or suspected terrorists and their associates from
boarding such ships or to subject them to specific additional
security scrutiny, through the use of ``no transport'' and
``automatic selectee'' lists or other means.
(2) Waiver.--The Secretary may waive the requirement in
paragraph (1)(B) with respect to cruise ships embarking at foreign
ports if the Secretary determines that the application of such
requirement to such cruise ships is impracticable.
(b) Cooperation From Operators of Cruise Ships.--The Secretary of
Homeland Security shall by rulemaking require operators of cruise ships
to provide the passenger and crew information necessary to implement
the procedure required by subsection (a).
(c) Maintenance of Accuracy and Integrity of ``No Transport'' and
``Automatic Selectee'' Lists.--
(1) Watch list database.--The Secretary of Homeland Security,
in consultation with the Terrorist Screening Center, shall develop
guidelines, policies, and operating procedures for the collection,
removal, and updating of data maintained, or to be maintained, in
the ``no transport'' and ``automatic selectee'' lists described in
subsection (a)(1) that are designed to ensure the accuracy and
integrity of the lists.
(2) Accuracy of entries.--In developing the ``no transport''
and ``automatic selectee'' lists under subsection (a)(1)(B), the
Secretary shall establish a simple and timely method for correcting
erroneous entries, for clarifying information known to cause false
hits or misidentification errors, and for updating relevant
information that is dispositive in the passenger and crew screening
process. The Secretary shall also establish a process to provide an
individual whose name is confused with, or similar to, a name in
the watch list database with a means of demonstrating that such
individual is not the person named in the database.
(d) Cruise Ship Defined.--In this section, the term ``cruise ship''
means a vessel on an international voyage that embarks or disembarks
passengers at a port of United States jurisdiction to which subpart C
of part 160 of title 33, Code of Federal Regulations, applies and that
provides overnight accommodations.
SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND
ASSESSMENTS.
(a) National Maritime Transportation Security Plan.--Section
70103(a)(1) of title 46, United States Code, is amended by striking
``The Secretary'' and inserting ``Not later than April 1, 2005, the
Secretary''.
(b) Facility and Vessel Vulnerability Assessments.--Section
70102(b)(1) of title 46, United States Code, is amended by striking ``,
the Secretary'' and inserting ``and by not later than December 31,
2004, the Secretary''.
(c) Strategic Plan Reports.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives--
(1) a comprehensive program management plan that identifies
specific tasks to be completed, and deadlines for completion, for
the transportation security card program under section 70105 of
title 46, United States Code, that incorporates best practices for
communicating, coordinating, and collaborating with the relevant
stakeholders to resolve relevant issues, such as background checks;
(2) a report on the status of negotiations under section 103(a)
of the Maritime Transportation Security Act of 2002 (46 U.S.C.
70111);
(3) the report required by section 107(b) of the Maritime
Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
(4) a report on the status of the development of the system and
standards required by section 111 of the Maritime Transportation
Security Act of 2002 (46 U.S.C. 70116 note).
(d) Other Reports.--Not later than 90 days after the date of the
enactment of this Act--
(1) the Secretary of Homeland Security shall submit to the
appropriate congressional committees--
(A) a report on the establishment of the National Maritime
Security Advisory Committee under section 70112 of title 46,
United States Code; and
(B) a report on the status of the program required by
section 70116 of title 46, United States Code, to evaluate and
certify secure systems of international intermodal
transportation;
(2) the Secretary of Transportation shall submit to the
appropriate congressional committees the annual report required by
section 905 of the International Maritime and Port Security Act (46
U.S.C. App. 1802) that includes information that should have been
included in the last preceding annual report that was due under
that section; and
(3) the Commandant of the United States Coast Guard shall
submit to the appropriate congressional committees the report
required by section 110(b) of the Maritime Transportation Security
Act of 2002 (46 U.S.C. 70101 note).
Subtitle E--General Provisions
SEC. 4081. DEFINITIONS.
In this title (other than in sections 4001 and 4026), the following
definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(2) Aviation definitions.--The terms ``air carrier'', ``air
transportation'', ``aircraft'', ``airport'', ``cargo'', ``foreign
air carrier'', and ``intrastate air transportation'' have the
meanings given such terms in section 40102 of title 49, United
States Code.
(3) Secure area of an airport.--The term ``secure area of an
airport'' means the sterile area and the Secure Identification
Display Area of an airport (as such terms are defined in section
1540.5 of title 49, Code of Federal Regulations, or any successor
regulations).
SEC. 4082. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
SEC. 5101. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot program to
test various advanced technologies that will improve border security
between ports of entry along the northern border of the United States.
SEC. 5102. PROGRAM REQUIREMENTS.
(a) Required Features.--The Secretary of Homeland Security shall
design the pilot program under this subtitle to have the following
features:
(1) Use of advanced technological systems, including sensors,
video, and unmanned aerial vehicles, for border surveillance.
(2) Use of advanced computing and decision integration software
for--
(A) evaluation of data indicating border incursions;
(B) assessment of threat potential; and
(C) rapid real-time communication, monitoring, intelligence
gathering, deployment, and response.
(3) Testing of advanced technology systems and software to
determine best and most cost-effective uses of advanced technology
to improve border security.
(4) Operation of the program in remote stretches of border
lands with long distances between 24-hour ports of entry with a
relatively small presence of United States border patrol officers.
(5) Capability to expand the program upon a determination by
the Secretary that expansion would be an appropriate and cost-
effective means of improving border security.
(b) Coordination With Other Agencies.--The Secretary of Homeland
Security shall ensure that the operation of the pilot program under
this subtitle--
(1) is coordinated among United States, State, local, and
Canadian law enforcement and border security agencies; and
(2) includes ongoing communication among such agencies.
SEC. 5103. ADMINISTRATIVE PROVISIONS.
(a) Procurement of Advanced Technology.--The Secretary of Homeland
Security may enter into contracts for the procurement or use of such
advanced technologies as the Secretary determines appropriate for the
pilot program under this subtitle.
(b) Program Partnerships.--In carrying out the pilot program under
this subtitle, the Secretary of Homeland Security may provide for the
establishment of cooperative arrangements for participation in the
pilot program by such participants as law enforcement and border
security agencies referred to in section 5102(b), institutions of
higher education, and private sector entities.
SEC. 5104. REPORT.
(a) Requirement for Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security shall
submit to Congress a report on the pilot program under this subtitle.
(b) Content.--The report under subsection (a) shall include the
following matters:
(1) A discussion of the implementation of the pilot program,
including the experience under the pilot program.
(2) A recommendation regarding whether to expand the pilot
program along the entire northern border of the United States and a
timeline for the implementation of the expansion.
SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the pilot program under this subtitle.
Subtitle B--Border and Immigration Enforcement
SEC. 5201. BORDER SURVEILLANCE.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the President and the appropriate committees of Congress a
comprehensive plan for the systematic surveillance of the southwest
border of the United States by remotely piloted aircraft.
(b) Contents.--The plan submitted under subsection (a) shall
include--
(1) recommendations for establishing command and control
centers, operations sites, infrastructure, maintenance, and
procurement;
(2) cost estimates for the implementation of the plan and
ongoing operations;
(3) recommendations for the appropriate agent within the
Department of Homeland Security to be the executive agency for
remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for the
plan;
(5) the types of missions the plan would undertake, including--
(A) protecting the lives of people seeking illegal entry
into the United States;
(B) interdicting illegal movement of people, weapons, and
other contraband across the border;
(C) providing investigative support to assist in the
dismantling of smuggling and criminal networks along the
border;
(D) using remotely piloted aircraft to serve as platforms
for the collection of intelligence against smugglers and
criminal networks along the border; and
(E) further validating and testing of remotely piloted
aircraft for airspace security missions;
(6) the equipment necessary to carry out the plan; and
(7) a recommendation regarding whether to expand the pilot
program along the entire southwest border.
(c) Implementation.--The Secretary of Homeland Security shall
implement the plan submitted under subsection (a) as a pilot program as
soon as sufficient funds are appropriated and available for this
purpose.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section.
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of the fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, increase by not less than 2,000 the number of
positions for full-time active-duty border patrol agents within the
Department of Homeland Security above the number of such positions for
which funds were allotted for the preceding fiscal year. In each of the
fiscal years 2006 through 2010, in addition to the border patrol agents
assigned along the northern border of the United States during the
previous fiscal year, the Secretary shall assign a number of border
patrol agents equal to not less than 20 percent of the net increase in
border patrol agents during each such fiscal year.
SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT
INVESTIGATORS.
In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, increase by not less than 800 the number of positions
for full-time active duty investigators within the Department of
Homeland Security investigating violations of immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)) above the number of such positions for which funds
were made available during the preceding fiscal year.
SEC. 5204. INCREASE IN DETENTION BED SPACE.
(a) In General.--Subject to the availability of appropriated funds,
the Secretary of Homeland Security shall increase by not less than
8,000, in each of the fiscal years 2006 through 2010, the number of
beds available for immigration detention and removal operations of the
Department of Homeland Security above the number for which funds were
allotted for the preceding fiscal year.
(b) Priority.--The Secretary shall give priority for the use of
these additional beds to the detention of individuals charged with
removability under section 237(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section 212(a)(3) of
that Act (8 U.S.C. 1182(a)(3)).
Subtitle C--Visa Requirements
SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) Requirement for Interviews.--Section 222 of the Immigration and
Nationality Act (8 U.S.C. 1202) is amended by adding at the end the
following new subsection:
``(h) Notwithstanding any other provision of this Act, the
Secretary of State shall require every alien applying for a
nonimmigrant visa--
``(1) who is at least 14 years of age and not more than 79
years of age to submit to an in person interview with a consular
officer unless the requirement for such interview is waived--
``(A) by a consular official and such alien is--
``(i) within that class of nonimmigrants enumerated in
subparagraph (A) or (G) of section 101(a)(15);
``(ii) within the NATO visa category;
``(iii) within that class of nonimmigrants enumerated
in section 101(a)(15)(C)(iii) (referred to as the `C-3
visa' category); or
``(iv) granted a diplomatic or official visa on a
diplomatic or official passport or on the equivalent
thereof;
``(B) by a consular official and such alien is applying for
a visa--
``(i) not more than 12 months after the date on which
such alien's prior visa expired;
``(ii) for the visa classification for which such prior
visa was issued;
``(iii) from the consular post located in the country
of such alien's usual residence, unless otherwise
prescribed in regulations that require an applicant to
apply for a visa in the country of which such applicant is
a national; and
``(iv) the consular officer has no indication that such
alien has not complied with the immigration laws and
regulations of the United States; or
``(C) by the Secretary of State if the Secretary determines
that such waiver is--
``(i) in the national interest of the United States; or
``(ii) necessary as a result of unusual or emergent
circumstances; and
``(2) notwithstanding paragraph (1), to submit to an in person
interview with a consular officer if such alien--
``(A) is not a national or resident of the country in which
such alien is applying for a visa;
``(B) was previously refused a visa, unless such refusal
was overcome or a waiver of ineligibility has been obtained;
``(C) is listed in the Consular Lookout and Support System
(or successor system at the Department of State);
``(D) is a national of a country officially designated by
the Secretary of State as a state sponsor of terrorism, except
such nationals who possess nationalities of countries that are
not designated as state sponsors of terrorism;
``(E) requires a security advisory opinion or other
Department of State clearance, unless such alien is--
``(i) within that class of nonimmigrants enumerated in
subparagraph (A) or (G) of section 101(a)(15);
``(ii) within the NATO visa category;
``(iii) within that class of nonimmigrants enumerated
in section 101(a)(15)(C)(iii) (referred to as the `C-3
visa' category); or
``(iv) an alien who qualifies for a diplomatic or
official visa, or its equivalent; or
``(F) is identified as a member of a group or sector that
the Secretary of State determines--
``(i) poses a substantial risk of submitting inaccurate
information in order to obtain a visa;
``(ii) has historically had visa applications denied at
a rate that is higher than the average rate of such
denials; or
``(iii) poses a security threat to the United
States.''.
SEC. 5302. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8 U.S.C.
1202(c)) is amended by inserting ``The alien shall provide complete and
accurate information in response to any request for information
contained in the application.'' after the second sentence.
SEC. 5303. EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this Act,
sections 5301 and 5302 shall take effect 90 days after the date of
enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) Limitation on Review.--Section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end the
following: ``There shall be no means of judicial review (including
review pursuant to section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such
title) of a revocation under this subsection, except in the context of
a removal proceeding if such revocation provides the sole ground for
removal under section 237(a)(1)(B).''.
(b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended by
striking ``United States is'' and inserting the following: ``United
States, or whose nonimmigrant visa (or other documentation authorizing
admission into the United States as a nonimmigrant) has been revoked
under section 221(i), is''.
(c) Revocation of Petitions.--Section 205 of the Immigration and
Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking ``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(2) by striking the final two sentences.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply to
revocations under sections 205 and 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such
date.
Subtitle D--Immigration Reform
SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended by adding at the end the
following:
``(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwise
provided for may be increased by up to 10 years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more; and
``(C)(i) aliens were transported in a manner that endangered
their lives; or
``(ii) the aliens presented a life-threatening health risk to
people in the United States.''.
(b) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is
further amended by adding at the end the following:
``(e) Outreach Program.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of State, as
appropriate, shall develop and implement an outreach program to educate
the public in the United States and abroad about the penalties for
bringing in and harboring aliens in violation of this section.''.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE
TRAINING FROM TERRORIST ORGANIZATIONS.
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1227(a)(4)) is amended by adding at the end the following:
``(E) Recipient of military-type training.--
``(i) In general.--Any alien who has received military-
type training from or on behalf of any organization that,
at the time the training was received, was a terrorist
organization (as defined in subclause (I) or (II) of
section 212(a)(3)(B)(vi)), is deportable.
``(ii) Definition.--As used in this subparagraph, the
term `military-type training' includes training in means or
methods that can cause death or serious bodily injury,
destroy or damage property, or disrupt services to critical
infrastructure, or training on the use, storage,
production, or assembly of any explosive, firearm, or other
weapon, including any weapon of mass destruction (as
defined in section 2332a(c)(2) of title 18, United States
Code).''.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
(a) Study.--Commencing not later than 30 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study to evaluate the extent to which weaknesses in the
United States asylum system and withholding of removal system have been
or could be exploited by aliens connected to, charged in connection
with, or tied to terrorist activity.
(b) Elements.--The study under subsection (a) shall address, but
not be limited to, the following:
(1) The number of aliens connected to, tied to, charged in
connection with, or who claim to have been accused of or charged in
connection with terrorist activity who have applied for, been
granted, or been denied asylum.
(2) The number of aliens connected to, tied to, charged in
connection with, or who claim to have been accused of or charged in
connection with terrorist activity who have applied for, been
granted, or been denied release from detention.
(3) The number of aliens connected to, tied to, charged in
connection with, or who claim to have been accused of or charged in
connection with terrorist activity who have been denied asylum but
who remain at large in the United States.
(4) The effect of the confidentiality provisions of section
208.6 of title 8, Code of Federal Regulations, on the ability of
the United States Government to establish that an alien is
connected to or tied to terrorist activity, such that the alien is
barred from asylum or withholding of removal, is removable from the
United States, or both.
(5) The effect that precedential decisions, if any, holding
that the extrajudicial punishment of an individual connected to
terrorism, or guerrilla or militant activity abroad, or threats of
such punishment, constitute persecution on account of political
opinion as defined in section 101(a)(42) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(42)), have had on the ability of
the United States Government to remove aliens whom the United
States Government believes are connected to or have ties to
terrorism.
(6) The extent to which court precedents have affected the
ability of the United States Government to determine or prove that
an alien the United States Government believes to be connected to
or tied to terrorism is in fact so connected or tied, including--
(A) so-called ``imputed political opinion'';
(B) judicial review, reversal, or both of the credibility
determinations of immigration judges; and
(C) the need to use classified information in removal
proceedings against aliens suspected of connections or ties to
terrorism.
(7) The likelihood that an alien connected to or with ties to
terrorism has been granted asylum or withholding of removal.
(8) The likelihood that an alien connected to or with ties to
terrorism has used the United States asylum system to enter or
remain in the United States in order to plan, conspire, or carry
out, or attempt to plan, conspire, or carry out, an act of
terrorism.
(c) Consideration and Assessment.--Solely for purposes of
conducting the study under subsection (a), the Comptroller General
shall consider the possibility, and assess the likelihood, that an
alien whom the United States Government accuses or has accused of
having a connection to or ties to terrorism is in fact connected to or
tied to terrorism, notwithstanding any administrative or judicial
determination to the contrary.
(d) Scope.--In conducting the study under subsection (a), the
Comptroller General shall seek information from the Department of
Homeland Security, the Federal Bureau of Investigation, the Central
Intelligence Agency, the Department of Justice, foreign governments,
experts in the field of alien terrorists, and any other appropriate
source.
(e) Privacy.--
(1) In general.--Notwithstanding section 208.6 of title 8, Code
of Federal Regulations, the Comptroller General shall, for purposes
of the study under subsection (a), have access to the applications
and administrative and judicial records of alien applicants for
asylum and withholding of removal. Except for purposes of preparing
the reports under subsection (f), such information shall not be
further disclosed or disseminated, nor shall the names or personal
identifying information of any applicant be released.
(2) Security of records.--The Comptroller General shall ensure
that records received pursuant to this section are appropriately
secured to prevent their inadvertent disclosure.
(f) Report to Congress.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
appropriate committees of Congress and the Secretary of Homeland
Security a report on the findings and recommendations of the
Comptroller General under the study under subsection (a).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) The assessment of the Comptroller General on each
matter specified in subsection (b).
(B) Any recommendations of the Comptroller General for such
administrative action on any matter specified in subsection (a)
as the Comptroller General considers necessary to better
protect the national security of the United States.
(C) Any recommendations of the Comptroller General for such
legislative action on any matter specified in subsection (a) as
the Comptroller General considers necessary to better protect
the national security of the United States.
(3) Form.--If necessary, the Comptroller General may submit a
classified and unclassified version of the report under paragraph
(1).
(g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad
SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE
COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
(a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(1) in clause (ii), by striking ``has engaged in conduct that
is defined as genocide for purposes of the International Convention
on the Prevention and Punishment of Genocide is inadmissible'' and
inserting ``ordered, incited, assisted, or otherwise participated
in conduct outside the United States that would, if committed in
the United States or by a United States national, be genocide, as
defined in section 1091(a) of title 18, United States Code, is
inadmissible'';
(2) by adding at the end the following:
``(iii) Commission of acts of torture or extrajudicial
killings.--Any alien who, outside the United States, has
committed, ordered, incited, assisted, or otherwise
participated in the commission of--
``(I) any act of torture, as defined in section
2340 of title 18, United States Code; or
``(II) under color of law of any foreign nation,
any extrajudicial killing, as defined in section 3(a)
of the Torture Victim Protection Act of 1991 (28 U.S.C.
1350 note),
is inadmissible.''; and
(3) in the subparagraph heading, by striking ``Participants in
nazi persecution or genocide'' and inserting ``Participants in nazi
persecution, genocide, or the commission of any act of torture or
extrajudicial killing''.
(b) Deportability.--Section 237(a)(4)(D) of such Act (8 U.S.C.
1227(a)(4)(D)) is amended--
(1) by striking ``clause (i) or (ii)'' and inserting ``clause
(i), (ii), or (iii)''; and
(2) in the subparagraph heading, by striking ``Assisted in nazi
persecution or engaged in genocide'' and inserting ``Participated
in nazi persecution, genocide, or the commission of any act of
torture or extrajudicial killing''.
(c) Effective Date.--The amendments made by this section shall
apply to offenses committed before, on, or after the date of enactment
of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT
OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
(a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended to
read as follows:
``(G) Foreign government officials who have committed
particularly severe violations of religious freedom.--Any alien
who, while serving as a foreign government official, was
responsible for or directly carried out, at any time,
particularly severe violations of religious freedom, as defined
in section 3 of the International Religious Freedom Act of 1998
(22 U.S.C. 6402), is inadmissible.''.
(b) Ground of Deportability.--Section 237(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the
end the following:
``(E) Participated in the commission of severe violations
of religious freedom.--Any alien described in section
212(a)(2)(G) is deportable.''.
SEC. 5503. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(3)) is amended--
(1) in subparagraph (A), by striking ``and 3(E)'' and inserting
``and clauses (i) and (ii) of paragraph (3)(E)''; and
(2) in subparagraph (B), by striking ``and 3(E)'' and inserting
``and clauses (i) and (ii) of paragraph (3)(E)''.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED
ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)) is amended--
(1) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(2) by adding at the end the following:
``(9) one who at any time has engaged in conduct described in
section 212(a)(3)(E) (relating to assistance in Nazi persecution,
participation in genocide, or commission of acts of torture or
extrajudicial killings) or 212(a)(2)(G) (relating to severe
violations of religious freedom).''.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) Amendment of the Immigration and Nationality Act.--Section 103
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by
adding at the end the following:
``(h)(1) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special
Investigations with the authority to detect and investigate, and, where
appropriate, to take legal action to denaturalize any alien described
in section 212(a)(3)(E).
``(2) The Attorney General shall consult with the Secretary of
Homeland Security in making determinations concerning the criminal
prosecution or extradition of aliens described in section 212(a)(3)(E).
``(3) In determining the appropriate legal action to take against
an alien described in section 212(a)(3)(E), consideration shall be
given to--
``(A) the availability of criminal prosecution under the laws
of the United States for any conduct that may form the basis for
removal and denaturalization; or
``(B) the availability of extradition of the alien to a foreign
jurisdiction that is prepared to undertake a prosecution for such
conduct.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the
Department of Justice such sums as may be necessary to carry out
the additional duties established under section 103(h) of the
Immigration and Nationality Act (as added by this subtitle) in
order to ensure that the Office of Special Investigations fulfills
its continuing obligations regarding Nazi war criminals.
(2) Availability of funds.--Amounts appropriated pursuant to
paragraph (1) are authorized to remain available until expended.
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this Act,
the Attorney General, in consultation with the Secretary of Homeland
Security, shall submit to the Committees on the Judiciary of the Senate
and the House of Representatives a report on implementation of this
subtitle that includes a description of--
(1) the procedures used to refer matters to the Office of
Special Investigations and other components within the Department
of Justice and the Department of Homeland Security in a manner
consistent with the amendments made by this subtitle;
(2) the revisions, if any, made to immigration forms to reflect
changes in the Immigration and Nationality Act made by the
amendments contained in this subtitle; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whether an
alien may be inadmissible under the terms of the amendments made by
this subtitle.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a) In General.--Section 101(b)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at
the end the following new subparagraph:
``(C) engages in international terrorism or activities in
preparation therefore; or''.
(b) Sunset.--The amendment made by subsection (a) shall be subject
to the sunset provision in section 224 of Public Law 107-56 (115 Stat.
295), including the exception provided in subsection (b) of such
section 224.
SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Additional Reporting Requirements.--The Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(1) by redesignating--
(A) title VI as title VII; and
(B) section 601 as section 701; and
(2) by inserting after title V the following new title:
``TITLE VI--REPORTING REQUIREMENT
``SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
``(a) Report.--On a semiannual basis, the Attorney General shall
submit to the Permanent Select Committee on Intelligence of the House
of Representatives, the Select Committee on Intelligence of the Senate,
and the Committees on the Judiciary of the House of Representatives and
the Senate, in a manner consistent with the protection of the national
security, a report setting forth with respect to the preceding 6-month
period--
``(1) the aggregate number of persons targeted for orders
issued under this Act, including a breakdown of those targeted
for--
``(A) electronic surveillance under section 105;
``(B) physical searches under section 304;
``(C) pen registers under section 402; and
``(D) access to records under section 501;
``(2) the number of individuals covered by an order issued
pursuant to section 101(b)(1)(C);
``(3) the number of times that the Attorney General has
authorized that information obtained under this Act may be used in
a criminal proceeding or any information derived therefrom may be
used in a criminal proceeding;
``(4) a summary of significant legal interpretations of this
Act involving matters before the Foreign Intelligence Surveillance
Court or the Foreign Intelligence Surveillance Court of Review,
including interpretations presented in applications or pleadings
filed with the Foreign Intelligence Surveillance Court or the
Foreign Intelligence Surveillance Court of Review by the Department
of Justice; and
``(5) copies of all decisions (not including orders) or
opinions of the Foreign Intelligence Surveillance Court or Foreign
Intelligence Surveillance Court of Review that include significant
construction or interpretation of the provisions of this Act.
``(b) Frequency.--The first report under this section shall be
submitted not later than 6 months after the date of enactment of this
section. Subsequent reports under this section shall be submitted semi-
annually thereafter.''.
(b) Clerical Amendment.--The table of contents for the Foreign
Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amended by
striking the items relating to title VI and inserting the following new
items:
``TITLE VI--REPORTING REQUIREMENT
``Sec. 601. Semiannual report of the Attorney General.
``TITLE VII--EFFECTIVE DATE
``Sec. 701. Effective date.''.
Subtitle B--Money Laundering and Terrorist Financing
SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code, is
amended--
(1) by striking ``appropriations.--There are authorized'' and
inserting ``Appropriations.--
``(1) In general.--There are authorized''; and
(2) by adding at the end the following new paragraph:
``(2) Authorization for funding key technological improvements
in mission-critical fincen systems.--There are authorized to be
appropriated for fiscal year 2005 the following amounts, which are
authorized to remain available until expended:
``(A) BSA direct.--For technological improvements to
provide authorized law enforcement and financial regulatory
agencies with Web-based access to FinCEN data, to fully develop
and implement the highly secure network required under section
362 of Public Law 107-56 to expedite the filing of, and reduce
the filing costs for, financial institution reports, including
suspicious activity reports, collected by FinCEN under chapter
53 and related provisions of law, and enable FinCEN to
immediately alert financial institutions about suspicious
activities that warrant immediate and enhanced scrutiny, and to
provide and upgrade advanced information-sharing technologies
to materially improve the Government's ability to exploit the
information in the FinCEN data banks, $16,500,000.
``(B) Advanced analytical technologies.--To provide
advanced analytical tools needed to ensure that the data
collected by FinCEN under chapter 53 and related provisions of
law are utilized fully and appropriately in safeguarding
financial institutions and supporting the war on terrorism,
$5,000,000.
``(C) Data networking modernization.--To improve the
telecommunications infrastructure to support the improved
capabilities of the FinCEN systems, $3,000,000.
``(D) Enhanced compliance capability.--To improve the
effectiveness of the Office of Compliance in FinCEN,
$3,000,000.
``(E) Detection and prevention of financial crimes and
terrorism.--To provide development of, and training in the use
of, technology to detect and prevent financial crimes and
terrorism within and without the United States, $8,000,000.''.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
REAUTHORIZATION.
(a) Program.--Section 5341(a)(2) of title 31, United States Code,
is amended--
(1) by striking ``February 1'' and inserting ``August 1''; and
(2) by striking ``and 2003,'' and inserting ``2003, 2005, and
2007,''.
(b) Reauthorization of Appropriations.--Section 5355 of title 31,
United States Code, is amended by adding at the end the following:
``2004
$15,000,000.
``2005
$15,000,000.''.
Subtitle C--Money Laundering Abatement and Financial Antiterrorism
Technical Corrections
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``International Money Laundering
Abatement and Financial Antiterrorism Technical Corrections Act of
2004''.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 is amended to
read as follows:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(b) The table of contents for Public Law 107-56 is amended by
striking the item relating to title III and inserting the following:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(c) Section 302 of Public Law 107-56 is amended--
(1) in subsection (a)(4), by striking the comma after
``movement of criminal funds'';
(2) in subsection (b)(7), by inserting ``or types of accounts''
after ``classes of international transactions''; and
(3) in subsection (b)(10), by striking ``subchapters II and
III'' and inserting ``subchapter II''.
(d) Section 303(a) of Public Law 107-56 is amended by striking
``Anti-Terrorist Financing Act'' and inserting ``Financial
Antiterrorism Act''.
(e) The heading for section 311 of Public Law 107-56 is amended by
striking ``or international transactions'' and inserting
``international transactions, or types of accounts''.
(f) Section 314 of Public Law 107-56 is amended--
(1) in paragraph (1)--
(A) by inserting a comma after ``organizations engaged
in''; and
(B) by inserting a comma after ``credible evidence of
engaging in'';
(2) in paragraph (2)(A)--
(A) by striking ``and'' after ``nongovernmental
organizations,''; and
(B) by inserting a comma after ``unwittingly involved in
such finances'';
(3) in paragraph (3)(A)--
(A) by striking ``to monitor accounts of'' and inserting
``monitor accounts of,''; and
(B) by striking the comma after ``organizations
identified''; and
(4) in paragraph (3)(B), by inserting ``financial'' after
``size, and nature of the''.
(g) Section 321(a) of Public Law 107-56 is amended by striking
``5312(2)'' and inserting ``5312(a)(2)''.
(h) Section 325 of Public Law 107-56 is amended by striking ``as
amended by section 202 of this title,'' and inserting ``as amended by
section 352,''.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public Law 107-
56 are each amended by striking ``2001'' and all that follows and
inserting a period.
(j) Section 356(c)(4) of Public Law 107-56 is amended by striking
``or business or other grantor trust'' and inserting ``, business
trust, or other grantor trust''.
(k) Section 358(e) of Public Law 107-56 is amended--
(1) by striking ``Section 123(a)'' and inserting ``That portion
of section 123(a)'';
(2) by striking ``is amended to read'' and inserting ``that
precedes paragraph (1) of such section is amended to read''; and
(3) in the amendment made in that subsection (e), by striking
``person.'' and inserting the following: ``person--''.
(l) Section 360 of Public Law 107-56 is amended--
(1) in subsection (a), by inserting ``the'' after ``utilization
of the funds of''; and
(2) in subsection (b), by striking ``at such institutions'' and
inserting ``at such institution''.
(m) Section 362(a)(1) of Public Law 107-56 is amended by striking
``subchapter II or III'' and inserting ``subchapter II''.
(n) Section 365 of Public Law 107-56 is amended--
(1) by redesignating the second of the 2 subsections designated
as subsection (c) (relating to a clerical amendment) as subsection
(d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated by
subsection (n) of this section) is amended by striking ``section 5332
(as added by section 112 of this title)'' and inserting ``section
5330''.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is amended by
striking ``the Network'' each place such term appears and inserting
``FinCEN''.
(b) Section 5312(a)(3)(C) of title 31, United States Code, is
amended by striking ``sections 5333 and 5316'' and inserting ``sections
5316 and 5331''.
(c) Section 5318(i) of title 31, United States Code, is amended--
(1) in paragraph (3)(B), by inserting a comma after ``foreign
political figure'' the second place such term appears; and
(2) in the heading of paragraph (4), by striking ``Definition''
and inserting ``Definitions''.
(d) Section 5318(k)(1)(B) of title 31, United States Code, is
amended by striking ``section 5318A(f)(1)(B)'' and inserting ``section
5318A(e)(1)(B)''.
(e) The heading for section 5318A of title 31, United States Code,
is amended to read as follows:
``Sec. 5318A. Special measures for jurisdictions, financial
institutions, international transactions, or types of
accounts of primary money laundering concern''.
(f) Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)(4)(A), by striking ``, as defined in
section 3 of the Federal Deposit Insurance Act,'' and inserting
``(as defined in section 3 of the Federal Deposit Insurance Act)'';
(2) in subsection (a)(4)(B)(iii), by striking ``or class of
transactions'' and inserting ``class of transactions, or type of
account'';
(3) in subsection (b)(1)(A), by striking ``or class of
transactions to be'' and inserting ``class of transactions, or type
of account to be''; and
(4) in subsection (e)(3), by inserting ``or subsection (i) or
(j) of section 5318'' after ``identification of individuals under
this section''.
(g) Section 5324(b) of title 31, United States Code, is amended by
striking ``5333'' each place such term appears and inserting ``5331''.
(h) Section 5332 of title 31, United States Code, is amended--
(1) in subsection (b)(2), by striking ``, subject to subsection
(d) of this section''; and
(2) in subsection (c)(1), by striking ``, subject to subsection
(d) of this section,''.
(i) The table of sections for subchapter II of chapter 53 of title
31, United States Code, is amended by striking the item relating to
section 5318A and inserting the following:
``5318A. Special measures for jurisdictions, financial institutions,
international transactions, or types of accounts of primary
money laundering concern.''.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act (12
U.S.C. 1828(w)(3)) is amended by inserting a comma after ``agent of
such institution''.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1829b(a)(2)) is amended by striking ``recognizes that'' and
inserting ``recognizing that''.
(l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C.
1681v(e)) is amended by striking ``governmental agency'' and inserting
``government agency''.
SEC. 6204. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking section 303
(31 U.S.C. 5311 note).
SEC. 6205. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107-56, the
United States Code, the Federal Deposit Insurance Act, and any other
provision of law shall take effect as if such amendments had been
included in Public Law 107-56, as of the date of enactment of such
Public Law, and no amendment made by such Public Law that is
inconsistent with an amendment made by this subchapter shall be deemed
to have taken effect.
Subtitle D--Additional Enforcement Tools
SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
(a) Production of Documents.--Section 5114(a) of title 31, United
States Code (relating to engraving and printing currency and security
documents), is amended--
(1) by striking ``(a) The Secretary of the Treasury'' and
inserting:
``(a) Authority To Engrave and Print.--
``(1) In general.--The Secretary of the Treasury''; and
(2) by adding at the end the following new paragraphs:
``(2) Engraving and printing for other governments.--The
Secretary of the Treasury may produce currency, postage stamps, and
other security documents for foreign governments if--
``(A) the Secretary of the Treasury determines that such
production will not interfere with engraving and printing needs
of the United States; and
``(B) the Secretary of State determines that such
production would be consistent with the foreign policy of the
United States.
``(3) Procurement guidelines.--Articles, material, and supplies
procured for use in the production of currency, postage stamps, and
other security documents for foreign governments pursuant to
paragraph (2) shall be treated in the same manner as articles,
material, and supplies procured for public use within the United
States for purposes of title III of the Act of March 3, 1933 (41
U.S.C. 10a et seq.; commonly referred to as the Buy American
Act).''.
(b) Reimbursement.--Section 5143 of title 31, United States Code
(relating to payment for services of the Bureau of Engraving and
Printing), is amended--
(1) in the first sentence, by inserting ``or to a foreign
government under section 5114'' after ``agency'';
(2) in the second sentence, by inserting ``and other'' after
``including administrative''; and
(3) in the last sentence, by inserting ``, and the Secretary
shall take such action, in coordination with the Secretary of
State, as may be appropriate to ensure prompt payment by a foreign
government of any invoice or statement of account submitted by the
Secretary with respect to services rendered under section 5114''
before the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF FUNDS.
Section 5318 of title 31, United States Code, is amended by adding
at the end the following new subsection:
``(n) Reporting of Certain Cross-Border Transmittals of Funds.--
``(1) In general.--Subject to paragraphs (3) and (4), the
Secretary shall prescribe regulations requiring such financial
institutions as the Secretary determines to be appropriate to
report to the Financial Crimes Enforcement Network certain cross-
border electronic transmittals of funds, if the Secretary
determines that reporting of such transmittals is reasonably
necessary to conduct the efforts of the Secretary against money
laundering and terrorist financing.
``(2) Limitation on reporting requirements.--Information
required to be reported by the regulations prescribed under
paragraph (1) shall not exceed the information required to be
retained by the reporting financial institution pursuant to section
21 of the Federal Deposit Insurance Act and the regulations
promulgated thereunder, unless--
``(A) the Board of Governors of the Federal Reserve System
and the Secretary jointly determine that a particular item or
items of information are not currently required to be retained
under such section or such regulations; and
``(B) the Secretary determines, after consultation with the
Board of Governors of the Federal Reserve System, that the
reporting of such information is reasonably necessary to
conduct the efforts of the Secretary to identify cross-border
money laundering and terrorist financing.
``(3) Form and manner of reports.--In prescribing the
regulations required under paragraph (1), the Secretary shall,
subject to paragraph (2), determine the appropriate form, manner,
content, and frequency of filing of the required reports.
``(4) Feasibility report.--
``(A) In general.--Before prescribing the regulations
required under paragraph (1), and as soon as is practicable
after the date of enactment of the National Intelligence Reform
Act of 2004, the Secretary shall submit a report to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives that--
``(i) identifies the information in cross-border
electronic transmittals of funds that may be found in
particular cases to be reasonably necessary to conduct the
efforts of the Secretary to identify money laundering and
terrorist financing, and outlines the criteria to be used
by the Secretary to select the situations in which
reporting under this subsection may be required;
``(ii) outlines the appropriate form, manner, content,
and frequency of filing of the reports that may be required
under such regulations;
``(iii) identifies the technology necessary for the
Financial Crimes Enforcement Network to receive, keep,
exploit, protect the security of, and disseminate
information from reports of cross-border electronic
transmittals of funds to law enforcement and other entities
engaged in efforts against money laundering and terrorist
financing; and
``(iv) discusses the information security protections
required by the exercise of the Secretary's authority under
this subsection.
``(B) Consultation.--In reporting the feasibility report
under subparagraph (A), the Secretary may consult with the Bank
Secrecy Act Advisory Group established by the Secretary, and
any other group considered by the Secretary to be relevant.
``(5) Regulations.--
``(A) In general.--Subject to subparagraph (B), the
regulations required by paragraph (1) shall be prescribed in
final form by the Secretary, in consultation with the Board of
Governors of the Federal Reserve System, before the end of the
3-year period beginning on the date of enactment of the
National Intelligence Reform Act of 2004.
``(B) Technological feasibility.--No regulations shall be
prescribed under this subsection before the Secretary certifies
to the Congress that the Financial Crimes Enforcement Network
has the technological systems in place to effectively and
efficiently receive, keep, exploit, protect the security of,
and disseminate information from reports of cross-border
electronic transmittals of funds to law enforcement and other
entities engaged in efforts against money laundering and
terrorist financing.''.
SEC. 6303. TERRORISM FINANCING.
(a) Report on Terrorist Financing.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act, the President, acting through the Secretary
of the Treasury, shall submit to Congress a report evaluating the
current state of United States efforts to curtail the international
financing of terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness and efficiency of current United
States governmental efforts and methods to detect, track,
disrupt, and stop terrorist financing;
(B) the relationship between terrorist financing and money
laundering, including how the laundering of proceeds related to
illegal narcotics or foreign political corruption may
contribute to terrorism or terrorist financing;
(C) the nature, effectiveness, and efficiency of current
efforts to coordinate intelligence and agency operations within
the United States Government to detect, track, disrupt, and
stop terrorist financing, including identifying who, if anyone,
has primary responsibility for developing priorities, assigning
tasks to agencies, and monitoring the implementation of policy
and operations;
(D) the effectiveness and efficiency of efforts to protect
the critical infrastructure of the United States financial
system, and ways to improve the effectiveness of financial
institutions;
(E) ways to improve multilateral and international
governmental cooperation on terrorist financing, including the
adequacy of agency coordination within the United States
related to participating in international cooperative efforts
and implementing international treaties and compacts; and
(F) ways to improve the setting of priorities and
coordination of United States efforts to detect, track,
disrupt, and stop terrorist financing, including
recommendations for changes in executive branch organization or
procedures, legislative reforms, additional resources, or use
of appropriated funds.
(b) Postemployment Restriction for Certain Bank and Thrift
Examiners.--Section 10 of the Federal Deposit Insurance Act (12 U.S.C.
1820) is amended by adding at the end the following:
``(k) One-Year Restrictions on Federal Examiners of Financial
Institutions.--
``(1) In general.--In addition to other applicable restrictions
set forth in title 18, United States Code, the penalties set forth
in paragraph (6) of this subsection shall apply to any person who--
``(A) was an officer or employee (including any special
Government employee) of a Federal banking agency or a Federal
reserve bank;
``(B) served 2 or more months during the final 12 months of
his or her employment with such agency or entity as the senior
examiner (or a functionally equivalent position) of a
depository institution or depository institution holding
company with continuing, broad responsibility for the
examination (or inspection) of that depository institution or
depository institution holding company on behalf of the
relevant agency or Federal reserve bank; and
``(C) within 1 year after the termination date of his or
her service or employment with such agency or entity, knowingly
accepts compensation as an employee, officer, director, or
consultant from--
``(i) such depository institution, any depository
institution holding company that controls such depository
institution, or any other company that controls such
depository institution; or
``(ii) such depository institution holding company or
any depository institution that is controlled by such
depository institution holding company.
``(2) Definitions.--For purposes of this subsection--
``(A) the term `depository institution' includes an
uninsured branch or agency of a foreign bank, if such branch or
agency is located in any State; and
``(B) the term `depository institution holding company'
includes any foreign bank or company described in section 8(a)
of the International Banking Act of 1978.
``(3) Rules of construction.--For purposes of this subsection,
a foreign bank shall be deemed to control any branch or agency of
the foreign bank, and a person shall be deemed to act as a
consultant for a depository institution, depository institution
holding company, or other company, only if such person directly
works on matters for, or on behalf of, such depository institution,
depository institution holding company, or other company.
``(4) Regulations.--
``(A) In general.--Each Federal banking agency shall
prescribe rules or regulations to administer and carry out this
subsection, including rules, regulations, or guidelines to
define the scope of persons referred to in paragraph (1)(B).
``(B) Consultation required.--The Federal banking agencies
shall consult with each other for the purpose of assuring that
the rules and regulations issued by the agencies under
subparagraph (A) are, to the extent possible, consistent,
comparable, and practicable, taking into account any
differences in the supervisory programs utilized by the
agencies for the supervision of depository institutions and
depository institution holding companies.
``(5) Waiver.--
``(A) Agency authority.--A Federal banking agency may grant
a waiver, on a case by case basis, of the restriction imposed
by this subsection to any officer or employee (including any
special Government employee) of that agency, and the Board of
Governors of the Federal Reserve System may grant a waiver of
the restriction imposed by this subsection to any officer or
employee of a Federal reserve bank, if the head of such agency
certifies in writing that granting the waiver would not affect
the integrity of the supervisory program of the relevant
Federal banking agency.
``(B) Definition.--For purposes of this paragraph, the head
of an agency is--
``(i) the Comptroller of the Currency, in the case of
the Office of the Comptroller of the Currency;
``(ii) the Chairman of the Board of Governors of the
Federal Reserve System, in the case of the Board of
Governors of the Federal Reserve System;
``(iii) the Chairperson of the Board of Directors, in
the case of the Corporation; and
``(iv) the Director of the Office of Thrift
Supervision, in the case of the Office of Thrift
Supervision.
``(6) Penalties.--
``(A) In general.--In addition to any other administrative,
civil, or criminal remedy or penalty that may otherwise apply,
whenever a Federal banking agency determines that a person
subject to paragraph (1) has become associated, in the manner
described in paragraph (1)(C), with a depository institution,
depository institution holding company, or other company for
which such agency serves as the appropriate Federal banking
agency, the agency shall impose upon such person one or more of
the following penalties:
``(i) Industry-wide prohibition order.--The Federal
banking agency shall serve a written notice or order in
accordance with and subject to the provisions of section
8(e)(4) for written notices or orders under paragraph (1)
or (2) of section 8(e), upon such person of the intention
of the agency--
``(I) to remove such person from office or to
prohibit such person from further participation in the
conduct of the affairs of the depository institution,
depository institution holding company, or other
company for a period of up to 5 years; and
``(II) to prohibit any further participation by
such person, in any manner, in the conduct of the
affairs of any insured depository institution for a
period of up to 5 years.
``(ii) Civil monetary penalty.--The Federal banking
agency may, in an administrative proceeding or civil action
in an appropriate United States district court, impose on
such person a civil monetary penalty of not more than
$250,000. Any administrative proceeding under this clause
shall be conducted in accordance with section 8(i). In lieu
of an action by the Federal banking agency under this
clause, the Attorney General of the United States may bring
a civil action under this clause in the appropriate United
States district court.
``(B) Scope of prohibition order.--Any person subject to an
order issued under subparagraph (A)(i) shall be subject to
paragraphs (6) and (7) of section 8(e) in the same manner and
to the same extent as a person subject to an order issued under
such section.
``(C) Definitions.--Solely for purposes of this paragraph,
the `appropriate Federal banking agency' for a company that is
not a depository institution or depository institution holding
company shall be the Federal banking agency on whose behalf the
person described in paragraph (1) performed the functions
described in paragraph (1)(B).''.
(c) Postemployment Restriction for Certain Credit Union
Examiners.--Section 206 of the Federal Credit Union Act (12 U.S.C.
1786) is amended by adding at the end the following:
``(w) One-Year Restrictions on Federal Examiners of Insured Credit
Unions.--
``(1) In general.--In addition to other applicable restrictions
set forth in title 18, United States Code, the penalties set forth
in paragraph (5) of this subsection shall apply to any person who--
``(A) was an officer or employee (including any special
Government employee) of the Administration;
``(B) served 2 or more months during the final 12 months of
his or her employment with the Administration as the senior
examiner (or a functionally equivalent position) of an insured
credit union with continuing, broad responsibility for the
examination (or inspection) of that insured credit union on
behalf of the Administration; and
``(C) within 1 year after the termination date of his or
her service or employment with the Administration, knowingly
accepts compensation as an employee, officer, director, or
consultant from such insured credit union.
``(2) Rule of construction.--For purposes of this subsection, a
person shall be deemed to act as a consultant for an insured credit
union only if such person directly works on matters for, or on
behalf of, such insured credit union.
``(3) Regulations.--
``(A) In general.--The Board shall prescribe rules or
regulations to administer and carry out this subsection,
including rules, regulations, or guidelines to define the scope
of persons referred to in paragraph (1)(B).
``(B) Consultation.--In prescribing rules or regulations
under this paragraph, the Board shall, to the extent it deems
necessary, consult with the Federal banking agencies (as
defined in section 3 of the Federal Deposit Insurance Act) on
regulations issued by such agencies in carrying out section
10(k) of the Federal Deposit Insurance Act.
``(4) Waiver.--The Board may grant a waiver, on a case by case
basis, of the restriction imposed by this subsection to any officer
or employee (including any special Government employee) of the
Administration if the Chairman certifies in writing that granting
the waiver would not affect the integrity of the supervisory
program of the Administration.
``(5) Penalties.--
``(A) In general.--In addition to any other administrative,
civil, or criminal remedy or penalty that may otherwise apply,
whenever the Board determines that a person subject to
paragraph (1) has become associated, in the manner described in
paragraph (1)(C), with an insured credit union, the Board shall
impose upon such person one or more of the following penalties:
``(i) Industry-wide prohibition order.--The Board shall
serve a written notice or order in accordance with and
subject to the provisions of subsection (g)(4) for written
notices or orders under paragraph (1) or (2) of subsection
(g), upon such person of the intention of the Board--
``(I) to remove such person from office or to
prohibit such person from further participation in the
conduct of the affairs of the insured credit union for
a period of up to 5 years; and
``(II) to prohibit any further participation by
such person, in any manner, in the conduct of the
affairs of any insured credit union for a period of up
to 5 years.
``(ii) Civil monetary penalty.--The Board may, in an
administrative proceeding or civil action in an appropriate
United States district court, impose on such person a civil
monetary penalty of not more than $250,000. Any
administrative proceeding under this clause shall be
conducted in accordance with subsection (k). In lieu of an
action by the Board under this clause, the Attorney General
of the United States may bring a civil action under this
clause in the appropriate United States district court.
``(B) Scope of prohibition order.--Any person subject to an
order issued under this subparagraph (A)(i) shall be subject to
paragraphs (5) and (7) of subsection (g) in the same manner and
to the same extent as a person subject to an order issued under
subsection (g).''.
(d) Effective Date.--Notwithstanding any other effective date
established pursuant to this Act, subsection (a) shall become effective
on the date of enactment of this Act, and the amendments made by
subsections (b) and (c) shall become effective at the end of the 12-
month period beginning on the date of enactment of this Act, whether or
not final regulations are issued in accordance with the amendments made
by this section as of that date of enactment.
Subtitle E--Criminal History Background Checks
SEC. 6401. PROTECT ACT.
Public Law 108-21 is amended--
(1) in section 108(a)(2)(A) by striking ``an 18 month'' and
inserting ``a 30-month''; and
(2) in section 108(a)(3)(A) by striking ``an 18-month'' and
inserting ``a 30-month''.
SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE
SECURITY OFFICER EMPLOYMENT.
(a) Short Title.--This section may be cited as the ``Private
Security Officer Employment Authorization Act of 2004''.
(b) Findings.--Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to, but
not a replacement for, public law enforcement by helping to reduce
and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection to
such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear power
plants, chemical companies, oil and gas refineries, airports,
communication facilities and operations, office complexes, schools,
residential properties, apartment complexes, gated communities, and
others;
(4) sworn law enforcement officers provide significant services
to the citizens of the United States in its public areas, and are
supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for the
protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of qualified,
well-trained private security personnel as an adjunct to sworn law
enforcement officers; and
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained.
(c) Definitions.--In this section:
(1) Employee.--The term ``employee'' includes both a current
employee and an applicant for employment as a private security
officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.--The term ``private security
officer''--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty is to
perform security services, full or part time, for
consideration, whether armed or unarmed and in uniform or plain
clothes (except for services excluded from coverage under this
Act if the Attorney General determines by regulation that such
exclusion would serve the public interest); but
(B) does not include--
(i) employees whose duties are primarily internal audit
or credit functions;
(ii) employees of electronic security system companies
acting as technicians or monitors; or
(iii) employees whose duties primarily involve the
secure movement of prisoners.
(4) Security services.--The term ``security services'' means
acts to protect people or property as defined by regulations
promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by the
Attorney General for the submission and receipt of criminal history
record information.
(d) Criminal History Record Information Search.--
(1) In general.--
(A) Submission of fingerprints.--An authorized employer may
submit to the State identification bureau of a participating
State, fingerprints or other means of positive identification,
as determined by the Attorney General, of an employee of such
employer for purposes of a criminal history record information
search pursuant to this Act.
(B) Employee rights.--
(i) Permission.--An authorized employer shall obtain
written consent from an employee to submit to the State
identification bureau of the participating State the
request to search the criminal history record information
of the employee under this Act.
(ii) Access.--An authorized employer shall provide to
the employee confidential access to any information
relating to the employee received by the authorized
employer pursuant to this Act.
(C) Providing information to the state identification
bureau.--Upon receipt of a request for a criminal history
record information search from an authorized employer pursuant
to this Act, submitted through the State identification bureau
of a participating State, the Attorney General shall--
(i) search the appropriate records of the Criminal
Justice Information Services Division of the Federal Bureau
of Investigation; and
(ii) promptly provide any resulting identification and
criminal history record information to the submitting State
identification bureau requesting the information.
(D) Use of information.--
(i) In general.--Upon receipt of the criminal history
record information from the Attorney General by the State
identification bureau, the information shall be used only
as provided in clause (ii).
(ii) Terms.--In the case of--
(I) a participating State that has no State
standards for qualification to be a private security
officer, the State shall notify an authorized employer
as to the fact of whether an employee has been--
(aa) convicted of a felony, an offense
involving dishonesty or a false statement if the
conviction occurred during the previous 10 years,
or an offense involving the use or attempted use of
physical force against the person of another if the
conviction occurred during the previous 10 years;
or
(bb) charged with a criminal felony for which
there has been no resolution during the preceding
365 days; or
(II) a participating State that has State standards
for qualification to be a private security officer, the
State shall use the information received pursuant to
this Act in applying the State standards and shall only
notify the employer of the results of the application
of the State standards.
(E) Frequency of requests.--An authorized employer may
request a criminal history record information search for an
employee only once every 12 months of continuous employment by
that employee unless the authorized employer has good cause to
submit additional requests.
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such final
or interim final regulations as may be necessary to carry out this
Act, including--
(A) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and record keeping;
(B) standards for qualification as an authorized employer;
and
(C) the imposition of reasonable fees necessary for
conducting the background checks.
(3) Criminal penalties for use of information.--Whoever
knowingly and intentionally uses any information obtained pursuant
to this Act other than for the purpose of determining the
suitability of an individual for employment as a private security
officer shall be fined under title 18, United States Code, or
imprisoned for not more than 2 years, or both.
(4) User fees.--
(A) In general.--The Director of the Federal Bureau of
Investigation may--
(i) collect fees to process background checks provided
for by this Act; and
(ii) establish such fees at a level to include an
additional amount to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs.
(B) Limitations.--Any fee collected under this subsection--
(i) shall, consistent with Public Law 101-515 and
Public Law 104-99, be credited to the appropriation to be
used for salaries and other expenses incurred through
providing the services described in such Public Laws and in
subparagraph (A);
(ii) shall be available for expenditure only to pay the
costs of such activities and services; and
(iii) shall remain available until expended.
(C) State costs.--Nothing in this Act shall be construed as
restricting the right of a State to assess a reasonable fee on
an authorized employer for the costs to the State of
administering this Act.
(5) State opt out.--A State may decline to participate in the
background check system authorized by this Act by enacting a law or
issuing an order by the Governor (if consistent with State law)
providing that the State is declining to participate pursuant to
this subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall report to the
Judiciary Committee of the Senate and the Judiciary Committee of the
House of Representatives regarding all statutory requirements for
criminal history record checks that are required to be conducted by the
Department of Justice or any of its components.
(b) Definitions.--As used in this section--
(1) the terms ``criminal history information'' and ``criminal
history records'' include--
(A) an identifying description of the individual to whom
the information or records pertain;
(B) notations of arrests, detentions, indictments, or other
formal criminal charges pertaining to such individual; and
(C) any disposition to a notation described in subparagraph
(B), including acquittal, sentencing, correctional supervision,
or release; and
(2) the term ``IAFIS'' means the Integrated Automated
Fingerprint Identification System of the Federal Bureau of
Allocation, which serves as the national depository for
fingerprint, biometric, and criminal history information, through
which fingerprints are processed electronically.
(c) Identification of Information.--The Attorney General shall
identify--
(1) the number of criminal history record checks requested,
including the type of information requested;
(2) the usage of different terms and definitions regarding
criminal history information; and
(3) the variation in fees charged for such information and who
pays such fees.
(d) Recommendations.--The Attorney General shall make
recommendations to Congress for improving, standardizing, and
consolidating the existing statutory authorization, programs, and
procedures for the conduct of criminal history record checks for non-
criminal justice purposes. In making these recommendations to Congress,
the Attorney General shall consider--
(1) the effectiveness and efficiency of utilizing commercially
available databases as a supplement to IAFIS criminal history
information checks;
(2) any security concerns created by the existence of these
commercially available databases concerning their ability to
provide sensitive information that is not readily available about
law enforcement or intelligence officials, including their
identity, residence, and financial status;
(3) the effectiveness of utilizing State databases;
(4) any feasibility studies by the Department of Justice of the
resources and structure of the Federal Bureau of Investigation to
establish a system to provide criminal history information;
(5) privacy rights and other employee protections, including--
(A) employee consent;
(B) access to the records used if employment was denied;
(C) the disposition of the fingerprint submissions after
the records are searched;
(D) an appeal mechanism; and
(E) penalties for misuse of the information;
(6) the scope and means of processing background checks for
private employers utilizing data maintained by the Federal Bureau
of Investigation that the Attorney General should be allowed to
authorize in cases where the authority for such checks is not
available at the State level;
(7) any restrictions that should be placed on the ability of an
employer to charge an employee or prospective employee for the cost
associated with the background check;
(8) which requirements should apply to the handling of
incomplete records;
(9) the circumstances under which the criminal history
information should be disseminated to the employer;
(10) the type of restrictions that should be prescribed for the
handling of criminal history information by an employer;
(11) the range of Federal and State fees that might apply to
such background check requests;
(12) any requirements that should be imposed concerning the
time for responding to such background check requests;
(13) any infrastructure that may need to be developed to
support the processing of such checks, including--
(A) the means by which information is collected and
submitted in support of the checks; and
(B) the system capacity needed to process such checks at
the Federal and State level;
(14) the role that States should play; and
(15) any other factors that the Attorney General determines to
be relevant to the subject of the report.
(e) Consultation.--In developing the report under this section, the
Attorney General shall consult with representatives of State criminal
history record repositories, the National Crime Prevention and Privacy
Compact Council, appropriate representatives of private industry, and
representatives of labor, as determined appropriate by the Attorney
General.
Subtitle F--Grand Jury Information Sharing
SEC. 6501. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal
Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking ``or state
subdivision or of an Indian tribe'' and inserting ``, state
subdivision, Indian tribe, or foreign government'';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the
following: ``An attorney for the government may also
disclose any grand jury matter involving, within the United
States or elsewhere, a threat of attack or other grave
hostile acts of a foreign power or its agent, a threat of
domestic or international sabotage or terrorism, or
clandestine intelligence gathering activities by an
intelligence service or network of a foreign power or by
its agent, to any appropriate Federal, State, State
subdivision, Indian tribal, or foreign government official,
for the purpose of preventing or responding to such threat
or activities.''; and
(ii) in clause (i)--
(I) by striking ``federal''; and
(II) by adding at the end the following: ``Any
State, State subdivision, Indian tribal, or foreign
government official who receives information under Rule
6(e)(3)(D) may use the information only consistent with
such guidelines as the Attorney General and the
Director of National Intelligence shall jointly
issue.''; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:
``(iii) at the request of the government, when sought
by a foreign court or prosecutor for use in an official
criminal investigation;''; and
(iii) in clause (iv), as redesignated--
(I) by striking ``state or Indian tribal'' and
inserting ``State, Indian tribal, or foreign''; and
(II) by striking ``or Indian tribal official'' and
inserting ``Indian tribal, or foreign government
official''; and
(2) in paragraph (7), by inserting ``, or of guidelines jointly
issued by the Attorney General and the Director of National
Intelligence pursuant to Rule 6,'' after ``Rule 6''.
(b) Conforming Amendment.--Section 203(c) of Public Law 107-56 (18
U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V) and
(VI)'' and inserting ``Rule 6(e)(3)(D)''.
Subtitle G--Providing Material Support to Terrorism
SEC. 6601. SHORT TITLE.
This subtitle may be cited as the ``Material Support to Terrorism
Prohibition Enhancement Act of 2004''.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST
ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2339C the following new section:
``Sec. 2339D. Receiving military-type training from a foreign terrorist
organization
``(a) Offense.--Whoever knowingly receives military-type training
from or on behalf of any organization designated at the time of the
training by the Secretary of State under section 219(a)(1) of the
Immigration and Nationality Act as a foreign terrorist organization
shall be fined under this title or imprisoned for ten years, or both.
To violate this subsection, a person must have knowledge that the
organization is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or engages in
terrorist activity (as defined in section 212 of the Immigration and
Nationality Act), or that the organization has engaged or engages in
terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
``(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section. There is
jurisdiction over an offense under subsection (a) if--
``(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act) or an
alien lawfully admitted for permanent residence in the United
States (as defined in section 101(a)(20) of the Immigration and
Nationality Act);
``(2) an offender is a stateless person whose habitual
residence is in the United States;
``(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States;
``(4) the offense occurs in whole or in part within the United
States;
``(5) the offense occurs in or affects interstate or foreign
commerce; or
``(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an offense
under subsection (a) or conspires with any person over whom
jurisdiction exists under this paragraph to commit an offense under
subsection (a).
``(c) Definitions.--As used in this section--
``(1) the term `military-type training' includes training in
means or methods that can cause death or serious bodily injury,
destroy or damage property, or disrupt services to critical
infrastructure, or training on the use, storage, production, or
assembly of any explosive, firearm or other weapon, including any
weapon of mass destruction (as defined in section 2232a(c)(2));
``(2) the term `serious bodily injury' has the meaning given
that term in section 1365(h)(3);
``(3) the term `critical infrastructure' means systems and
assets vital to national defense, national security, economic
security, public health or safety including both regional and
national infrastructure. Critical infrastructure may be publicly or
privately owned; examples of critical infrastructure include gas
and oil production, storage, or delivery systems, water supply
systems, telecommunications networks, electrical power generation
or delivery systems, financing and banking systems, emergency
services (including medical, police, fire, and rescue services),
and transportation systems and services (including highways, mass
transit, airlines, and airports); and
``(4) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under section
219(a)(1) of the Immigration and Nationality Act.''.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO
TERRORISM.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended--
(1) in section 2332b(g)(5)(B)(i)--
(A) by inserting ``1361 (relating to government property or
contracts),'' before ``1362''; and
(B) by inserting ``2156 (relating to national defense
material, premises, or utilities),'' before ``2280''; and
(2) in section 2339A--
(A) by striking ``or'' before ``section 46502''; and
(B) by inserting ``or any offense listed in section
2332b(g)(5)(B) (except for sections 2339A and 2339B)'' after
``section 60123(b) of title 49,''.
(b) Definitions.--Section 2339A(b) of title 18, United States Code,
is amended to read as follows:
``(b) Definitions.--As used in this section--
``(1) the term `material support or resources' means any
property, tangible or intangible, or service, including currency or
monetary instruments or financial securities, financial services,
lodging, training, expert advice or assistance, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel (1 or
more individuals who may be or include oneself), and
transportation, except medicine or religious materials;
``(2) the term `training' means instruction or teaching
designed to impart a specific skill, as opposed to general
knowledge; and
``(3) the term `expert advice or assistance' means advice or
assistance derived from scientific, technical or other specialized
knowledge.''.
(c) Addition to Offense of Providing Material Support to Terrorist
Organizations.--Section 2339B(a)(1) of title 18, United States Code, is
amended--
(1) by striking ``, within the United States or subject to the
jurisdiction of the United States,''; and
(2) by adding at the end the following: ``To violate this
paragraph, a person must have knowledge that the organization is a
designated terrorist organization (as defined in subsection
(g)(6)), that the organization has engaged or engages in terrorist
activity (as defined in section 212(a)(3)(B) of the Immigration and
Nationality Act), or that the organization has engaged or engages
in terrorism (as defined in section 140(d)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989).''.
(d) Federal Authority.--Section 2339B(d) of title 18 is amended by
striking ``There'' and inserting the following:
``(1) In general.--There is jurisdiction over an offense under
subsection (a) if--
``(A) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted for
permanent residence in the United States (as defined in section
101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(20)));
``(B) an offender is a stateless person whose habitual
residence is in the United States;
``(C) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States;
``(D) the offense occurs in whole or in part within the United
States;
``(E) the offense occurs in or affects interstate or foreign
commerce; or
``(F) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an offense
under subsection (a) or conspires with any person over whom
jurisdiction exists under this paragraph to commit an offense under
subsection (a).''.
``(2) Extraterritorial jurisdiction.--There''.
(e) Definition.--Section 2339B(g)(4) of title 18, United States
Code, is amended to read as follows:
``(4) the term `material support or resources' has the same
meaning given that term in section 2339A (including the definitions
of `training' and `expert advice or assistance' in that
section);''.
(f) Additional Provisions.--Section 2339B of title 18, United
States Code, is amended by adding at the end the following:
``(h) Provision of Personnel.--No person may be prosecuted under
this section in connection with the term `personnel' unless that person
has knowingly provided, attempted to provide, or conspired to provide a
foreign terrorist organization with 1 or more individuals (who may be
or include himself) to work under that terrorist organization's
direction or control or to organize, manage, supervise, or otherwise
direct the operation of that organization. Individuals who act entirely
independently of the foreign terrorist organization to advance its
goals or objectives shall not be considered to be working under the
foreign terrorist organization's direction and control.
``(i) Rule of Construction.--Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.
``(j) Exception.--No person may be prosecuted under this section in
connection with the term `personnel', `training', or `expert advice or
assistance' if the provision of that material support or resources to a
foreign terrorist organization was approved by the Secretary of State
with the concurrence of the Attorney General. The Secretary of State
may not approve the provision of any material support that may be used
to carry out terrorist activity (as defined in section
212(a)(3)(B)(iii) of the Immigration and Nationality Act).''.
(g) Sunset Provision.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall cease to be
effective on December 31, 2006.
(2) Exception.--This section and the amendments made by this
section shall continue in effect with respect to any particular
offense that--
(A) is prohibited by this section or amendments made by
this section; and
(B) began or occurred before December 31, 2006.
SEC. 6604. FINANCING OF TERRORISM.
(a) Financing Terrorism.--Section 2339c(c)(2) of title 18, United
States Code, is amended--
(1) by striking ``, resources, or funds'' and inserting ``or
resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), by striking ``were provided'' and
inserting ``are to be provided, or knowing that the support or
resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds''; and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing that
the funds were provided or collected,''.
(b) Definitions.--Section 2339c(e) of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the term `material support or resources' has the same
meaning given that term in section 2339B(g)(4) of this title;
and''.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
SEC. 6701. SHORT TITLE.
This subtitle may be cited as the ``Stop Terrorist and Military
Hoaxes Act of 2004''.
SEC. 6702. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United States
Code, is amended by inserting after section 1037 the following:
``Sec. 1038. False information and hoaxes
``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct with intent
to convey false or misleading information under circumstances where
such information may reasonably be believed and where such
information indicates that an activity has taken, is taking, or
will take place that would constitute a violation of chapter 2, 10,
11B, 39, 40, 44, 111, or 113B of this title, section 236 of the
Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the
second sentence of section 46504, section 46505(b)(3) or (c),
section 46506 if homicide or attempted homicide is involved, or
section 60123(b) of title 49, shall--
``(A) be fined under this title or imprisoned not more than
5 years, or both;
``(B) if serious bodily injury results, be fined under this
title or imprisoned not more than 20 years, or both; and
``(C) if death results, be fined under this title or
imprisoned for any number of years up to life, or both.
``(2) Armed forces.--Any person who makes a false statement,
with intent to convey false or misleading information, about the
death, injury, capture, or disappearance of a member of the Armed
Forces of the United States during a war or armed conflict in which
the United States is engaged--
``(A) shall be fined under this title, imprisoned not more
than 5 years, or both;
``(B) if serious bodily injury results, shall be fined
under this title, imprisoned not more than 20 years, or both;
and
``(C) if death results, shall be fined under this title,
imprisoned for any number of years or for life, or both.
``(b) Civil Action.--Whoever engages in any conduct with intent to
convey false or misleading information under circumstances where such
information may reasonably be believed and where such information
indicates that an activity has taken, is taking, or will take place
that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44,
111, or 113B of this title, section 236 of the Atomic Energy Act of
1954 (42 U.S.C. 2284), or section 46502, the second sentence of section
46504, section 46505 (b)(3) or (c), section 46506 if homicide or
attempted homicide is involved, or section 60123(b) of title 49 is
liable in a civil action to any party incurring expenses incident to
any emergency or investigative response to that conduct, for those
expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant who has been convicted of an offense under subsection
(a), shall order the defendant to reimburse any state or local
government, or private not-for-profit organization that provides
fire or rescue service incurring expenses incident to any emergency
or investigative response to that conduct, for those expenses.
``(2) Liability.--A person ordered to make reimbursement under
this subsection shall be jointly and severally liable for such
expenses with each other person, if any, who is ordered to make
reimbursement under this subsection for the same expenses.
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated as a
civil judgment.
``(d) Activities of Law Enforcement.--This section does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.''.
(b) Clerical Amendment.--The table of sections as the beginning of
chapter 47 of title 18, United States Code, is amended by adding after
the item for section 1037 the following:
``1038. False information and hoaxes.''.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM
CASES.
(a) Enhanced Penalty.--Section 1001(a) and the third undesignated
paragraph of section 1505 of title 18, United States Code, are amended
by striking ``be fined under this title or imprisoned not more than 5
years, or both'' and inserting ``be fined under this title, imprisoned
not more than 5 years or, if the offense involves international or
domestic terrorism (as defined in section 2331), imprisoned not more
than 8 years, or both''.
(b) Sentencing Guidelines.--Not later than 30 days of the enactment
of this section, the United States Sentencing Commission shall amend
the Sentencing Guidelines to provide for an increased offense level for
an offense under sections 1001(a) and 1505 of title 18, United States
Code, if the offense involves international or domestic terrorism, as
defined in section 2331 of such title.
SEC. 6704. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``facility in'' and
inserting ``facility of''; and
(2) in subsection (b)(2), by inserting ``or foreign'' after
``interstate''.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of
2004
SEC. 6801. SHORT TITLE.
This subtitle may be cited as the ``Weapons of Mass Destruction
Prohibition Improvement Act of 2004''.
SEC. 6802. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section 2332a of
title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads as follows:
``(2) against any person or property within the United States,
and
``(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
``(B) such property is used in interstate or foreign
commerce or in an activity that affects interstate or foreign
commerce;
``(C) any perpetrator travels in or causes another to
travel in interstate or foreign commerce in furtherance of the
offense; or
``(D) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce;'';
(2) in paragraph (3) of subsection (a), by striking the comma
at the end and inserting ``; or'';
(3) in subsection (a), by adding the following at the end:
``(4) against any property within the United States that is
owned, leased, or used by a foreign government,'';
(4) at the end of subsection (c)(1), by striking ``and'';
(5) in subsection (c)(2), by striking the period at the end and
inserting ``; and''; and
(6) in subsection (c), by adding at the end the following:
``(3) the term `property' includes all real and personal
property.''.
(b) Restoration of the Coverage of Chemical Weapons.--Section 2332a
of title 18, United States Code, as amended by subsection (a), is
further amended--
(1) in the section heading, by striking ``certain'';
(2) in subsection (a), by striking ``(other than a chemical
weapon as that term is defined in section 229F)''; and
(3) in subsection (b), by striking ``(other than a chemical
weapon (as that term is defined in section 229F))''.
(c) Expansion of Categories of Restricted Persons Subject to
Prohibitions Relating to Select Agents.--Section 175b(d)(2) of title
18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting ``(i)'' after ``(G)'';
(B) inserting ``, or (ii) acts for or on behalf of, or
operates subject to the direction or control of, a government
or official of a country described in this subparagraph'' after
``terrorism''; and
(C) striking ``or'' after the semicolon.
(2) in subparagraph (H) by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(I) is a member of, acts for or on behalf of, or operates
subject to the direction or control of, a terrorist
organization as defined in section 212(a)(3)(B)(vi) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)).''.
(d) Conforming Amendment to Regulations.--
(1) Section 175b(a)(1) of title 18, United States Code, is
amended by striking ``as a select agent in Appendix A'' and all
that follows and inserting the following: ``as a non-overlap or
overlap select biological agent or toxin in sections 73.4 and 73.5
of title 42, Code of Federal Regulations, pursuant to section 351A
of the Public Health Service Act, and is not excluded under
sections 73.4 and 73.5 or exempted under section 73.6 of title 42,
Code of Federal Regulations.''.
(2) The amendment made by paragraph (1) shall take effect at
the same time that sections 73.4, 73.5, and 73.6 of title 42, Code
of Federal Regulations, become effective.
(e) Enhancing Prosecution of Weapons of Mass Destruction
Offenses.--Section 1961(1)(B) of title 18, United States Code, is
amended by adding at the end the following: ``sections 175-178
(relating to biological weapons), sections 229-229F (relating to
chemical weapons), section 831 (relating to nuclear materials),''.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION
THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)) is amended by striking ``in the production of any special
nuclear material'' and inserting ``or participate in the development or
production of any special nuclear material''.
(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is
amended--
(1) by inserting ``, inside or outside of the United States,''
after ``for any person''; and
(2) by inserting ``participate in the development of,'' after
``interstate or foreign commerce,''.
(c) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of chapter 39, by
inserting after the item relating to section 831 the following:
``832. Participation in nuclear and weapons of mass destruction threats
to the United States.'';
(2) by inserting after section 831 the following:
``Sec. 832. Participation in nuclear and weapons of mass destruction
threats to the United States
``(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
knowingly provides material support or resources (as defined in section
2339A) to a nuclear weapons program or other weapons of mass
destruction program of a foreign terrorist power, or attempts or
conspires to do so, shall be imprisoned for not more than 20 years.
``(b) There is extraterritorial Federal jurisdiction over an
offense under this section.
``(c) Whoever without lawful authority develops, possesses, or
attempts or conspires to develop or possess a radiological weapon, or
threatens to use or uses a radiological weapon against any person
within the United States, or a national of the United States while such
national is outside of the United States or against any property that
is owned, leased, funded, or used by the United States, whether that
property is within or outside of the United States, shall be imprisoned
for any term of years or for life.
``(d) As used in this section--
``(1) `nuclear weapons program' means a program or plan for the
development, acquisition, or production of any nuclear weapon or
weapons;
``(2) `weapons of mass destruction program' means a program or
plan for the development, acquisition, or production of any weapon
or weapons of mass destruction (as defined in section 2332a(c));
``(3) `foreign terrorist power' means a terrorist organization
designated under section 219 of the Immigration and Nationality
Act, or a state sponsor of terrorism designated under section 6(j)
of the Export Administration Act of 1979 or section 620A of the
Foreign Assistance Act of 1961; and
``(4) `nuclear weapon' means any weapon that contains or uses
nuclear material as defined in section 831(f)(1).''; and
(3) in section 2332b(g)(5)(B)(i), by inserting after ``nuclear
materials),'' the following: ``832 (relating to participation in
nuclear and weapons of mass destruction threats to the United
States)''.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act
of 2004
SEC. 6901. SHORT TITLE.
This subtitle may be cited as the ``Prevention of Terrorist Access
to Destructive Weapons Act of 2004''.
SEC. 6902. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The criminal use of man-portable air defense systems
(referred to in this section as ``MANPADS'') presents a serious
threat to civil aviation worldwide, especially in the hands of
terrorists or foreign states that harbor them.
(2) Atomic weapons or weapons designed to release radiation
(commonly known as ``dirty bombs'') could be used by terrorists to
inflict enormous loss of life and damage to property and the
environment.
(3) Variola virus is the causative agent of smallpox, an
extremely serious, contagious, and sometimes fatal disease. Variola
virus is classified as a Category A agent by the Centers for
Disease Control and Prevention, meaning that it is believed to pose
the greatest potential threat for adverse public health impact and
has a moderate to high potential for large-scale dissemination. The
last case of smallpox in the United States was in 1949. The last
naturally occurring case in the world was in Somalia in 1977.
Although smallpox has been officially eradicated after a successful
worldwide vaccination program, there remain two official
repositories of the variola virus for research purposes. Because it
is so dangerous, the variola virus may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS, atomic or
radiological weapons, or the variola virus, against the United
States, its allies, or its people, poses a grave risk to the
security, foreign policy, economy, and environment of the United
States. Accordingly, the United States has a compelling national
security interest in preventing unlawful activities that lead to
the proliferation or spread of such items, including their
unauthorized production, construction, acquisition, transfer,
possession, import, or export. All of these activities markedly
increase the chances that such items will be obtained by terrorist
organizations or rogue states, which could use them to attack the
United States, its allies, or United States nationals or
corporations.
(5) There is no legitimate reason for a private individual or
company, absent explicit government authorization, to produce,
construct, otherwise acquire, transfer, receive, possess, import,
export, or use MANPADS, atomic or radiological weapons, or the
variola virus.
(b) Purpose.--The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause widespread harm
to United States persons and the United States economy (and that have
no legitimate private use) and to threaten or harm the national
security or foreign relations of the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2332f the following:
``Sec. 2332g. Missile systems designed to destroy aircraft
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (3), it
shall be unlawful for any person to knowingly produce, construct,
otherwise acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to use--
``(A) an explosive or incendiary rocket or missile that is
guided by any system designed to enable the rocket or missile
to--
``(i) seek or proceed toward energy radiated or
reflected from an aircraft or toward an image locating an
aircraft; or
``(ii) otherwise direct or guide the rocket or missile
to an aircraft;
``(B) any device designed or intended to launch or guide a
rocket or missile described in subparagraph (A); or
``(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a rocket,
missile, or device described in subparagraph (A) or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply to any device
that is neither designed nor redesigned for use as a weapon.
``(3) Excluded conduct.--This subsection does not apply with
respect to--
``(A) conduct by or under the authority of the United
States or any department or agency thereof or of a State or any
department or agency thereof; or
``(B) conduct pursuant to the terms of a contract with the
United States or any department or agency thereof or with a
State or any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the United
States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or
outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more than
$2,000,000 and shall be sentenced to a term of imprisonment not
less than 25 years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the course of a
violation of subsection (a), uses, attempts or conspires to use, or
possesses and threatens to use, any item or items described in
subsection (a), shall be fined not more than $2,000,000 and
imprisoned for not less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of another results
from a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by imprisonment for
life.
``(d) Definition.--As used in this section, the term `aircraft' has
the definition set forth in section 40102(a)(6) of title 49, United
States Code.''.
SEC. 6904. ATOMIC WEAPONS.
(a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122) is amended--
(1) by inserting at the beginning ``a.'' before ``It'';
(2) by inserting ``knowingly'' after ``for any person to'';
(3) by striking ``or'' before ``export'';
(4) by striking ``transfer or receive in interstate or foreign
commerce,'' before ``manufacture'';
(5) by inserting ``receive,'' after ``acquire,'';
(6) by inserting ``, or use, or possess and threaten to use,''
before ``any atomic weapon''; and
(7) by inserting at the end the following:
``b. Conduct prohibited by subsection a. is within the jurisdiction
of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce; the offense occurs outside of the United States and is
committed by a national of the United States;
``(2) the offense is committed against a national of the United
States while the national is outside the United States;
``(3) the offense is committed against any property that is
owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or
outside the United States; or
``(4) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.''.
(b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42
U.S.C. 2272) is amended by--
(1) inserting at the beginning ``a.'' before ``Whoever'';
(2) striking ``, 92,''; and
(3) inserting at the end the following:
``b. Any person who violates, or attempts or conspires to violate,
section 92 shall be fined not more than $2,000,000 and sentenced to a
term of imprisonment not less than 25 years or to imprisonment for
life. Any person who, in the course of a violation of section 92, uses,
attempts or conspires to use, or possesses and threatens to use, any
atomic weapon shall be fined not more than $2,000,000 and imprisoned
for not less than 30 years or imprisoned for life. If the death of
another results from a person's violation of section 92, the person
shall be fined not more than $2,000,000 and punished by imprisonment
for life.''.
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2332g the following:
``Sec. 2332h. Radiological dispersal devices
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce, construct,
otherwise acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to use--
``(A) any weapon that is designed or intended to release
radiation or radioactivity at a level dangerous to human life;
or
``(B) any device or other object that is capable of and
designed or intended to endanger human life through the release
of radiation or radioactivity.
``(2) Exception.--This subsection does not apply with respect
to--
``(A) conduct by or under the authority of the United
States or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract with the
United States or any department or agency thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the United
States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or
outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more than
$2,000,000 and shall be sentenced to a term of imprisonment not
less than 25 years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the course of a
violation of subsection (a), uses, attempts or conspires to use, or
possesses and threatens to use, any item or items described in
subsection (a), shall be fined not more than $2,000,000 and
imprisoned for not less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of another results
from a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by imprisonment for
life.''.
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by inserting
after section 175b the following:
``Sec. 175c. Variola virus
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce, engineer,
synthesize, acquire, transfer directly or indirectly, receive,
possess, import, export, or use, or possess and threaten to use,
variola virus.
``(2) Exception.--This subsection does not apply to conduct by,
or under the authority of, the Secretary of Health and Human
Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or foreign
commerce;
``(2) the offense occurs outside of the United States and is
committed by a national of the United States;
``(3) the offense is committed against a national of the United
States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or
outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom
jurisdiction exists under this subsection to commit an offense
under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more than
$2,000,000 and shall be sentenced to a term of imprisonment not
less than 25 years or to imprisonment for life.
``(2) Other circumstances.--Any person who, in the course of a
violation of subsection (a), uses, attempts or conspires to use, or
possesses and threatens to use, any item or items described in
subsection (a), shall be fined not more than $2,000,000 and
imprisoned for not less than 30 years or imprisoned for life.
``(3) Special circumstances.--If the death of another results
from a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by imprisonment for
life.
``(d) Definition.--As used in this section, the term `variola
virus' means a virus that can cause human smallpox or any derivative of
the variola major virus that contains more than 85 percent of the gene
sequence of the variola major virus or the variola minor virus.''.
SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting ``2122 and'' after
``sections'';
(2) in paragraph (c), by inserting ``section 175c (relating to
variola virus),'' after ``section 175 (relating to biological
weapons),''; and
(3) in paragraph (q), by inserting ``2332g, 2332h,'' after
``2332f,''.
SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED
STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is
amended--
(1) in clause (i)--
(A) by inserting before ``2339 (relating to harboring
terrorists)'' the following: ``2332g (relating to missile
systems designed to destroy aircraft), 2332h (relating to
radiological dispersal devices),''; and
(B) by inserting ``175c (relating to variola virus),''
after ``175 or 175b (relating to biological weapons),''; and
(2) in clause (ii)--
(A) by striking ``section'' and inserting ``sections 92
(relating to prohibitions governing atomic weapons) or''; and
(B) by inserting ``2122 or'' before ``2284''.
SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED
STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after ``section 152 (relating to concealment
of assets; false oaths and claims; bribery),'' the following:
``section 175c (relating to the variola virus),'';
(2) by inserting after ``section 2332(b) (relating to
international terrorist acts transcending national boundaries),''
the following: ``section 2332g (relating to missile systems
designed to destroy aircraft), section 2332h (relating to
radiological dispersal devices),''; and
(3) striking ``or'' after ``any felony violation of the Foreign
Agents Registration Act of 1938,'' and after ``any felony violation
of the Foreign Corrupt Practices Act'', striking ``;'' and
inserting ``, or section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122) (relating to prohibitions governing atomic weapons)''.
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778)
is amended--
(1) by striking ``or'' before ``(xi)''; and
(2) by inserting after clause (xi) the following: ``or (xii)
section 3, 4, 5, and 6 of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004, relating to missile systems
designed to destroy aircraft (18 U.S.C. 2332g), prohibitions
governing atomic weapons (42 U.S.C. 2122), radiological dispersal
devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 175b);''.
SEC. 6911. CLERICAL AMENDMENTS.
(a) Chapter 113B.--The table of sections for chapter 113B of title
18, United States Code, is amended by inserting the following after the
item for section 2332f:
``2332g. Missile systems designed to destroy aircraft.
``2332h. Radiological dispersal devices.''.
(b) Chapter 10.--The table of sections for chapter 10 of title 18,
United States Code, is amended by inserting the following item after
the item for section 175b:
``175c. Variola virus.''.
Subtitle K--Pretrial Detention of Terrorists
SEC. 6951. SHORT TITLE.
This subtitle may be cited as the ``Pretrial Detention of
Terrorists Act of 2004''.
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING
TERRORISM.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (e)--
(A) by inserting ``or'' before ``the Maritime''; and
(B) by inserting ``or an offense listed in section
2332b(g)(5)(B) of title 18, United States Code, for which a
maximum term of imprisonment of 10 years or more is
prescribed'' after ``or 2332b of this title,''; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting ``, or an
offense listed in section 2332b(g)(5)(B) for which a maximum term
of imprisonment of 10 years or more is prescribed'' after
``violence'' each place such term appears.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001. SHORT TITLE.
This title may be cited as the ``9/11 Commission Implementation Act
of 2004''.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on
Terrorism
SEC. 7101. FINDINGS.
Consistent with the report of the National Commission on Terrorist
Attacks Upon the United States, Congress makes the following findings:
(1) Long-term success in the war on terrorism demands the use
of all elements of national power, including diplomacy, military
action, intelligence, covert action, law enforcement, economic
policy, foreign aid, public diplomacy, and homeland defense.
(2) To win the war on terrorism, the United States must assign
to economic and diplomatic capabilities the same strategic priority
that is assigned to military capabilities.
(3) The legislative and executive branches of the Government of
the United States must commit to robust, long-term investments in
all of the tools necessary for the foreign policy of the United
States to successfully accomplish the goals of the United States.
(4) The investments referred to in paragraph (3) will require
increased funding to United States foreign affairs programs in
general, and to priority areas as described in this title in
particular.
SEC. 7102. TERRORIST SANCTUARIES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Complex terrorist operations require locations that provide
such operations sanctuary from interference by Government or law
enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct and
indirect value to members of al Qaeda who participated in the
terrorist attacks on the United States on September 11, 2001, and
in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find sanctuary.
(5) During the 21st century, terrorists are often focusing on
remote regions and failing states as locations to seek sanctuary.
(b) Sense of Congress on United States Policy on Terrorist
Sanctuaries.--It is the sense of Congress that it should be the policy
of the United States--
(1) to identify foreign countries that are being used as
terrorist sanctuaries;
(2) to assess current United States resources and tools being
used to assist foreign governments to eliminate such sanctuaries;
(3) to develop and implement a coordinated strategy to prevent
terrorists from using such foreign countries as sanctuaries; and
(4) to work in bilateral and multilateral fora to elicit the
cooperation needed to identify and address terrorist sanctuaries
that may exist today, but, so far, remain unknown to governments.
(c) Amendments to Existing Law To Include Terrorist Sanctuaries.--
(1) In general.--Section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)) is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following:
``(5)(A) As used in paragraph (1), the term `repeatedly
provided support for acts of international terrorism' shall include
the recurring use of any part of the territory of the country as a
sanctuary for terrorists or terrorist organizations.
``(B) In this paragraph--
``(i) the term `territory of a country' means the land,
waters, and airspace of the country; and
``(ii) the term `sanctuary' means an area in the territory
of a country--
``(I) that is used by a terrorist or terrorist
organization--
``(aa) to carry out terrorist activities, including
training, financing, and recruitment; or
``(bb) as a transit point; and
``(II) the government of which expressly consents to,
or with knowledge, allows, tolerates, or disregards such
use of its territory.''.
(2) Rule of construction.--Nothing in this subsection or the
amendments made by this subsection shall be construed as affecting
any determination made by the Secretary of State pursuant to
section 6(j) of the Export Administration Act of 1979 with respect
to a country prior to the date of enactment of this Act.
(3) Implementation.--The President shall implement the
amendments made by paragraph (1) by exercising the authorities of
the President under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(d) Amendments to Global Patterns of Terrorism Report.--
(1) In general.--Section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(a)(1)) is amended--
(A) by striking ``(1)'' and inserting ``(1)(A)'';
(B) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by adding
``and'' at the end; and
(D) by adding at the end the following:
``(B) detailed assessments with respect to each foreign
country whose territory is being used as a sanctuary for
terrorists or terrorist organizations;''.
(2) Contents.--Section 140(b) of such Act (22 U.S.C. 2656f(b))
is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``subsection (a)(1)'' and inserting ``subsection
(a)(1)(A)''; and
(ii) by striking ``and'' at the end;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) with respect to subsection (a)(1)(B)--
``(A) the extent of knowledge by the government of the
country with respect to terrorist activities in the territory
of the country; and
``(B) the actions by the country--
``(i) to eliminate each terrorist sanctuary in the
territory of the country;
``(ii) to cooperate with United States antiterrorism
efforts; and
``(iii) to prevent the proliferation of and trafficking
in weapons of mass destruction in and through the territory
of the country;'';
(D) in paragraph (3), as redesignated, by striking the
period at the end and inserting a semicolon; and
(E) by inserting after paragraph (3) the following:
``(4) a strategy for addressing, and where possible
eliminating, terrorist sanctuaries that shall include--
``(A) a description of terrorist sanctuaries, together with
an assessment of the priorities of addressing and eliminating
such sanctuaries;
``(B) an outline of strategies for disrupting or
eliminating the security provided to terrorists by such
sanctuaries;
``(C) a description of efforts by the United States to work
with other countries in bilateral and multilateral fora to
address or eliminate terrorist sanctuaries and disrupt or
eliminate the security provided to terrorists by such
sanctuaries; and
``(D) a description of long-term goals and actions designed
to reduce the conditions that allow the formation of terrorist
sanctuaries; and
``(5) an update of the information contained in the report
required to be transmitted to Congress under 7120(b) of the 9/11
Commission Implementation Act of 2004.''.
(3) Definitions.--Section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d))
is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the terms `territory' and `territory of the country' mean
the land, waters, and airspace of the country; and
``(5) the terms `terrorist sanctuary' and `sanctuary' mean an
area in the territory of the country--
``(A) that is used by a terrorist or terrorist
organization--
``(i) to carry out terrorist activities, including
training, fundraising, financing, and recruitment; or
``(ii) as a transit point; and
``(B) the government of which expressly consents to, or
with knowledge, allows, tolerates, or disregards such use of
its territory and is not subject to a determination under--
``(i) section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A));
``(ii) section 620A(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2371(a)); or
``(iii) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)).''.
(4) Effective date.--The amendments made by this subsection
apply with respect to the report required to be transmitted under
section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2006, and by
April 30 of each subsequent year.
SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Government of Pakistan has a critical role to perform
in the struggle against terrorism.
(2) Due to its location, topography, social conditions, and
other factors, Pakistan can be attractive to extremists seeking
refuge or opportunities to recruit or train, or a place from which
to operate against Coalition Forces in Afghanistan.
(3) A stable Pakistan, with a moderate, responsible government
that serves as a voice of tolerance in the Muslim world, is
critical to stability in the region.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) help to ensure a promising, stable, and secure future for
Pakistan over the long term;
(2) provide a comprehensive program of assistance to encourage
and enable Pakistan--
(A) to continue and improve upon its commitment to
combating extremists;
(B) to seek to resolve any outstanding difficulties with
its neighbors and other countries in its region;
(C) to continue to make efforts to fully control its
territory and borders;
(D) to progress toward becoming a more effective and
participatory democracy;
(E) to participate more vigorously in the global
marketplace and to continue to modernize its economy;
(F) to take all necessary steps to halt the spread of
weapons of mass destruction;
(G) to improve and expand access to education for all
citizens; and
(H) to increase the number and level of exchanges between
the Pakistani people and the American people; and
(3) continue to provide assistance to Pakistan at not less than
the overall levels requested by the President for fiscal year 2005.
(c) Extension of Pakistan Waivers.--The Act entitled ``An Act to
authorize the President to exercise waivers of foreign assistance
restrictions with respect to Pakistan through September 30, 2003, and
for other purposes'', approved October 27, 2001 (Public Law 107-57; 115
Stat. 403), as amended by section 2213 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1232), is further
amended--
(1) in section 1(b)--
(A) in the heading, by striking ``Fiscal Year 2004'' and
inserting ``Fiscal Years 2005 and 2006''; and
(B) in paragraph (1), by striking ``2004'' and inserting
``2005 or 2006'';
(2) in section 3(2), by striking ``and 2004,'' and inserting
``2004, 2005, and 2006''; and
(3) in section 6, by striking ``2004'' and inserting ``2006''.
SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
(a) Short Title.--This section may be cited as the ``Afghanistan
Freedom Support Act Amendments of 2004''.
(b) Coordination of Assistance.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(A) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(B) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy, and
such a transition depends in particular upon--
(i) improving security throughout the country;
(ii) disarming and demobilizing militias;
(iii) curtailing the rule of the warlords;
(iv) promoting equitable economic development;
(v) protecting the human rights of the people of
Afghanistan;
(vi) continuing to hold elections for public officials;
and
(vii) ending the cultivation, production, and
trafficking of narcotics.
(C) The United States and the international community must
make a long-term commitment to addressing the unstable security
situation in Afghanistan and the burgeoning narcotics trade,
endemic poverty, and other serious problems in Afghanistan in
order to prevent that country from relapsing into a sanctuary
for international terrorism.
(2) Sense of congress.--It is the sense of Congress that the
United States Government should take, with respect to Afghanistan,
the following actions:
(A) Work with other nations to obtain long-term security,
political, and financial commitments and fulfillment of pledges
to the Government of Afghanistan to accomplish the objectives
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501
et seq.), especially to ensure a secure, democratic, and
prosperous Afghanistan that respects the rights of its citizens
and is free of international terrorist organizations.
(B) Use the voice and vote of the United States in relevant
international organizations, including the North Atlantic
Treaty Organization and the United Nations Security Council, to
strengthen international commitments to assist the Government
of Afghanistan in enhancing security, building national police
and military forces, increasing counter-narcotics efforts, and
expanding infrastructure and public services throughout the
country.
(C) Take appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(c) Coordinator for Assistance.--
(1) Findings.--Congress makes the following findings:
(A) The Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized the
provision of United States assistance to Afghanistan for being
too inflexible.
(B) The Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7501 et seq.) contains provisions that provide for flexibility
in the provision of assistance for Afghanistan and are not
subject to the requirements of typical foreign assistance
programs and provide for the designation of a coordinator to
oversee United States assistance for Afghanistan.
(2) Designation of coordinator.--Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) is
amended in the matter preceding paragraph (1) by striking ``is
strongly urged to'' and inserting ``shall''.
(d) Assistance Plan; International Coordination.--Section 104 of
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is amended
by adding at the end the following:
``(c) Assistance Plan.--
``(1) Submission to congress.--The coordinator designated under
subsection (a) shall annually submit the Afghanistan assistance
plan of the Administration to--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Committee on International Relations of the House
of Representatives;
``(C) the Committee on Appropriations of the Senate; and
``(D) the Committee on Appropriations of the House of
Representatives.
``(2) Contents.--The assistance plan submitted under paragraph
(1) shall describe--
``(A) how the plan relates to the strategy provided
pursuant to section 304; and
``(B) how the plan builds upon United States assistance
provided to Afghanistan since 2001.
``(d) Coordination With International Community.--
``(1) In general.--The coordinator designated under subsection
(a) shall work with the international community and the Government
of Afghanistan to ensure that assistance to Afghanistan is
implemented in a coherent, consistent, and efficient manner to
prevent duplication and waste.
``(2) International financial institutions.--The coordinator
designated under subsection (a), under the direction of the
Secretary of State, shall work through the Secretary of the
Treasury and the United States Executive Directors at the
international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act (22
U.S.C. 262r(c)(2))) to coordinate United States assistance for
Afghanistan with international financial institutions.
(e) General Provisions Relating to the Afghanistan Freedom Support
Act of 2002.--
(1) Assistance to promote economic, political and social
development.--
(A) Declaration of policy.--Congress reaffirms the
authorities contained in title I of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to
economic and democratic development assistance for Afghanistan.
(B) Provision of assistance.--Section 103(a) of such Act
(22 U.S.C. 7513(a)) is amended in the matter preceding
paragraph (1) by striking ``section 512 of Public Law 107-115
or any other similar'' and inserting ``any other''.
(2) Declarations of general policy.--Congress makes the
following declarations:
(A) The United States reaffirms the support that it and
other countries expressed for the report entitled ``Securing
Afghanistan's Future'' in their Berlin Declaration of April
2004. The United States should help enable the growth needed to
create an economically sustainable Afghanistan capable of the
poverty reduction and social development foreseen in the
report.
(B) The United States supports the parliamentary elections
to be held in Afghanistan by April 2005 and will help ensure
that such elections are not undermined, including by warlords
or narcotics traffickers.
(C) The United States continues to urge North Atlantic
Treaty Organization members and other friendly countries to
make much greater military contributions toward securing the
peace in Afghanistan.
(3) Form of reports.--Section 304 of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7554) is amended--
(A) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary'';
(B) by striking ``The first report'' and inserting the
following:
``(b) Deadline for Submission.--The first report''; and
(C) by adding at the end the following:
``(c) Form of Reports.--Any report or other matter that is required
to be submitted to Congress (including a committee of Congress) by this
Act may contain a classified annex.''.
(4) Long-term strategy.--
(A) Strategy.--Title III of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7551 et seq.) is amended by adding at
the end the following:
``SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
``(a) Strategy.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the President shall formulate a 5-year
strategy for Afghanistan and submit such strategy to--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Committee on International Relations of the House
of Representatives;
``(C) the Committee on Appropriations of the Senate; and
``(D) the Committee on Appropriations of the House of
Representatives.
``(2) Contents.--The strategy formulated under paragraph (1)
shall include specific and measurable goals for addressing the
long-term development and security needs of Afghanistan, including
sectors such as agriculture and irrigation, parliamentary and
democratic development, the judicial system and rule of law, human
rights, education, health, telecommunications, electricity, women's
rights, counternarcotics, police, border security, anti-corruption,
and other law-enforcement activities, as well as the anticipated
costs and time frames associated with achieving those goals.
``(b) Monitoring.--
``(1) Annual report.--The President shall transmit on an annual
basis through 2010 a report describing the progress made toward the
implementation of the strategy required by subsection (a) and any
changes to the strategy since the date of the submission of the
last report to--
``(A) the Committee on Foreign Relations of the Senate;
``(B) the Committee on International Relations of the House
of Representatives;
``(C) the Committee on Appropriations of the Senate; and
``(D) the Committee on Appropriations of the House of
Representatives.''.
(B) Clerical amendment.--The table of contents for such Act
(22 U.S.C. 7501 note) is amended by adding after the item
relating to section 303 the following new item:
``Sec. 305. Formulation of long-term strategy for Afghanistan.''.
(f) Education, the Rule of Law, and Related Issues.--
(1) Declaration of policy.--Congress declares that, although
Afghanistan has adopted a new constitution and made progress on
primary education, the United States must invest in a concerted
effort in Afghanistan to improve the rule of law, good governance,
and effective policing, to accelerate work on secondary and
university education systems, and to establish new initiatives to
increase the capacity of civil society.
(2) Amendment.--Section 103(a)(5) of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended to read as
follows:
``(5) Education, the rule of law, and related issues.--
``(A) Education.--To assist in the development of the
capacity of the Government of Afghanistan to provide education
to the people of Afghanistan, including assistance such as--
``(i) support for an educated citizenry through
improved access to basic education, with particular
emphasis on basic education for children, especially
orphans;
``(ii) programs to enable the Government of Afghanistan
to recruit and train teachers, with special focus on the
recruitment and training of female teachers;
``(iii) programs to enable the Government of
Afghanistan to develop school curricula that incorporate
relevant information such as landmine awareness, food
security and agricultural education, civic education, and
human rights education, including education relating to
religious freedom;
``(iv) programs to construct, renovate, or rebuild, and
to equip and provide teacher training, for primary schools,
secondary schools, and universities; and
``(v) programs to increase educational exchanges and
partnerships between the United States and Afghanistan.
``(B) Rule of law.--To assist in the development of the
rule of law and good governance and reduced corruption in
Afghanistan, including assistance such as--
``(i) support for the activities of the Government of
Afghanistan to implement its constitution, to develop
modern legal codes and court rules, to provide for the
creation of legal assistance programs, and other
initiatives to promote the rule of law in Afghanistan;
``(ii) support for improvements in the capacity and
physical infrastructure of the justice system in
Afghanistan, such as for professional training (including
for women) to improve the administration of justice, for
programs to enhance prosecutorial and judicial capabilities
and to protect participants in judicial cases, for
improvements in the instruction of law enforcement
personnel (including human rights training), and for the
promotion of civilian police roles that support democracy;
``(iii) support for rehabilitation and rebuilding of
courthouses and detention facilities;
``(iv) support for the effective administration of
justice at the national, regional, and local levels,
including programs to improve penal institutions and the
rehabilitation of prisoners, and to establish a responsible
and community-based police force;
``(v) support to increase the transparency,
accountability, and participatory nature of governmental
institutions, including programs designed to combat
corruption and other programs for the promotion of good
governance, such as the development of regulations relating
to financial disclosure for public officials, political
parties, and candidates for public office, and transparent
budgeting processes and financial management systems;
``(vi) support for establishment of a central bank and
central budgeting authority;
``(vii) support for international organizations that
provide civil advisers to the Government of Afghanistan;
and
``(viii) support for Afghan and international efforts
to investigate human rights atrocities committed in
Afghanistan by the Taliban regime, opponents of such
regime, and terrorist groups operating in Afghanistan,
including the collection of forensic evidence relating to
such atrocities.
``(C) Civil society and democracy.--To support the
development of democratic institutions in Afghanistan,
including assistance for--
``(i) international monitoring and observing of, and
the promotion of, free and fair elections;
``(ii) strengthening democratic political parties;
``(iii) international exchanges and professional
training for members or officials of government, political,
and civic or other nongovernmental entities;
``(iv) national, regional, and local elections and
political party development;
``(v) an independent media;
``(vi) programs that support the expanded participation
of women and members of all ethnic groups in government at
national, regional, and local levels; and
``(vii) programs to strengthen civil society
organizations that promote human rights, including
religious freedom, freedom of expression, and freedom of
association, and support human rights monitoring.
``(D) Protection of sites.--To provide for the protection
of Afghanistan's culture, history, and national identity,
including the rehabilitation of Afghanistan's museums and sites
of cultural significance.''.
(3) Conforming amendment.--Section 103(a)(4) of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4)) is amended--
(A) in subparagraph (K), by striking ``and'' at the end;
(B) in subparagraph (L), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(M) assistance in identifying and surveying key road and
rail routes that are essential for economic renewal in
Afghanistan and the region and support for the establishment of
a customs service and training for customs officers.''.
(g) Monitoring of Assistance for Afghanistan.--Section 103 of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513), is amended by
adding at the end the following:
``(d) Monitoring of Assistance for Afghanistan.--
``(1) Report.--
``(A) In general.--The Secretary of State, in consultation
with the Administrator for the United States Agency for
International Development, shall submit to the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives a
report on the obligations of United States assistance for
Afghanistan from all United States Government departments and
agencies.
``(B) Contents.--Each such report shall set forth, for the
preceding annual period and cumulatively, a description of--
``(i) the activities and the purposes for which funds
were obligated;
``(ii) the source of the funds stated specifically by
fiscal year, agency, and program;
``(iii) the participation of each United States
Government department or agency; and
``(iv) such other information as the Secretary
considers appropriate to fully inform Congress on such
matters.
``(C) Additional requirements.--The first report submitted
under this paragraph shall include a cumulative account of
information described in subparagraph (B) from all prior
periods beginning with fiscal year 2001. The first report under
this paragraph shall be submitted not later than March 15,
2005. Subsequent reports shall be submitted every 12 months
thereafter and may be included in the report required under
section 206(c)(2).
``(2) Submission of information for report.--The head of each
United States Government agency referred to in paragraph (1) shall
provide on a timely basis to the Secretary of State such
information as the Secretary may reasonably require to allow the
Secretary to prepare and submit the report required under paragraph
(1).''.
(h) United States Policy To Support Disarmament of Private Militias
and Expansion of International Peacekeeping and Security Operations in
Afghanistan.--
(1) United states policy relating to disarmament of private
militias.--
(A) In general.--It shall be the policy of the United
States to take immediate steps to provide active support for
the disarmament, demobilization, and reintegration of armed
soldiers, particularly child soldiers, in Afghanistan, in close
consultation with the President of Afghanistan.
(B) Report.--The report required under section 206(c)(2) of
the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7536(c)(2)) shall include a description of the progress to
implement paragraph (1).
(2) International peacekeeping and security operations.--
Section 206 of such Act (22 U.S.C. 7536) is amended by adding at
the end the following:
``(e) United States Policy Relating To International Peacekeeping
and Security Operations.--It shall be the policy of the United States
to make every effort to support the expansion of international
peacekeeping and security operations in Afghanistan in order to--
``(1) increase the area in which security is provided and
undertake vital tasks related to promoting security, such as
disarming warlords, militias, and irregulars, and disrupting opium
production; and
``(2) safeguard highways in order to allow the free flow of
commerce and to allow material assistance to the people of
Afghanistan, and aid personnel in Afghanistan, to move more
freely.''.
(i) Efforts To Expand International Peacekeeping and Security
Operations in Afghanistan.--Section 206(d)(1) of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read
as follows:
``(1) Efforts to expand international peacekeeping and security
operations in afghanistan.--
``(A) Efforts.--The President shall encourage, and, as
authorized by law, enable other countries to actively
participate in expanded international peacekeeping and security
operations in Afghanistan, especially through the provision of
military personnel for extended periods of time.
``(B) Reports.--The President shall prepare and transmit a
report on the efforts carried out pursuant to subparagraph (A)
to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives. The first report under this subparagraph shall
be transmitted not later than 60 days after the date of the
enactment of the Afghanistan Freedom Support Act Amendments of
2004 and subsequent reports shall be transmitted every 6 months
thereafter and may be included in the report required by
subsection (c)(2).''.
(j) Provisions Relating to Counternarcotics Efforts in
Afghanistan.--
(1) Authorization of assistance.--Section 103(a)(3)(A) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(3)(A))
is amended--
(A) in clause (i), by striking ``establish crop
substitution programs,'' and inserting ``promote alternatives
to poppy cultivation, including the introduction of high value
crops that are suitable for export and the provision of
appropriate technical assistance and credit mechanisms for
farmers,'';
(B) in clause (ii), by inserting before the semicolon at
the end the following: ``, and to create special
counternarcotics courts, prosecutors, and places of
incarceration'';
(C) in clause (iii), by inserting before the semicolon at
the end the following: ``, in particular, notwithstanding
section 660 of the Foreign Assistance Act of 1961 (22 U.S.C.
2420), by providing non-lethal equipment, training (including
training in internationally recognized standards of human
rights, the rule of law, anti-corruption, and the promotion of
civilian police roles that support democracy), and payments,
during fiscal years 2005 through 2008, for salaries for special
counternarcotics police and supporting units'';
(D) in clause (iv), by striking ``and'' at the end;
(E) in clause (v), by striking the period at the end and
inserting ``; and''; and
(F) by adding after clause (v) the following:
``(vi) assist the Afghan National Army with respect to
any of the activities under this paragraph.''.
(2) Sense of congress and report.--Title II of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7531 et seq.) is amended--
(A) by redesignating sections 207 and 208 as sections 208
and 209, respectively; and
(B) by inserting after section 206 the following:
``SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS
IN AFGHANISTAN.
``(a) Sense of Congress.--It is the sense of Congress that--
``(1) the President should make the substantial reduction of
illegal drug production and trafficking in Afghanistan a priority
in the Global War on Terrorism;
``(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal
agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved in counter-
drug activities to assist in providing a secure environment for
counter-drug personnel in Afghanistan; and
``(3) the United States, in conjunction with the Government of
Afghanistan and coalition partners, should undertake additional
efforts to reduce illegal drug trafficking and related activities
that provide financial support for terrorist organizations in
Afghanistan and neighboring countries.
``(b) Report Required.--(1) The Secretary of Defense and the
Secretary of State shall jointly prepare a report that describes--
``(A) the progress made toward substantially reducing poppy
cultivation and heroin production capabilities in Afghanistan; and
``(B) the extent to which profits from illegal drug activity in
Afghanistan are used to financially support terrorist organizations
and groups seeking to undermine the Government of Afghanistan.
``(2) The report required by this subsection shall be submitted to
Congress not later than 120 days after the date of the enactment of the
9/11 Recommendations Implementation Act.''.
(3) Clerical amendment.--The table of contents for such Act (22
U.S.C. 7501 note) is amended by striking the items relating to
sections 207 and 208 and inserting the following:
``Sec. 207. Sense of Congress and report regarding counter-drug efforts
in Afghanistan.
``Sec. 208. Relationship to other authority.
``Sec. 209. Authorization of appropriations.''.
(k) Additional Amendments to Afghanistan Freedom Support Act of
2002.--
(1) Extension of reports on implementation of strategy.--
Section 206(c)(2) of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7536(c)(2)) is amended in the matter preceding
subparagraph (A) by striking ``2007'' and inserting ``2010''.
(2) Technical amendment.--Section 103(a)(7)(A)(xii) of such Act
(22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking ``National''
and inserting ``Afghan Independent''.
(l) Repeal of Prohibition on Assistance.--Section 620D of the
Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to prohibition
on assistance to Afghanistan) is repealed.
(m) Authorization of Appropriations.--Section 108(a) of the
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a)) is
amended by striking ``$1,825,000,000 for fiscal year 2004'' and all
that follows and inserting ``such sums as may be necessary for each of
the fiscal years 2005 and 2006.''.
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Despite a long history of friendly relations with the
United States, there have been problems in cooperation between the
United States and Saudi Arabia.
(2) The Government of Saudi Arabia has not always responded
promptly or fully to United States requests for assistance in the
global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all it can to
prevent financial or other support from being provided to, or
reaching, extremist organizations in Saudi Arabia or other
countries.
(4) Counterterrorism cooperation between the Governments of the
United States and Saudi Arabia has improved significantly since the
terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003,
and the Government of Saudi Arabia is now pursuing al Qaeda and
other terror groups operating inside Saudi Arabia.
(5) The United States must enhance its cooperation and strong
relationship with Saudi Arabia based upon a shared and public
commitment to political and economic reform, greater tolerance and
respect for religious and cultural diversity and joint efforts to
prevent funding for and support of extremist organizations in Saudi
Arabia and elsewhere.
(b) Sense of Congress.--It is the sense of Congress that there
should be a more robust dialogue between the people and Government of
the United States and the people and Government of Saudi Arabia in
order to improve the relationship between the United States and Saudi
Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While support for the United States has plummeted in the
Islamic world, many negative views are uninformed, at best, and, at
worst, are informed by coarse stereotypes and caricatures.
(2) Local newspapers in countries with predominantly Muslim
populations and influential broadcasters who reach Muslim audiences
through satellite television often reinforce the idea that the
people and Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an example
of moral leadership in the world that includes a commitment to
treat all people humanely, abide by the rule of law, and be
generous to the people and governments of other countries;
(2) the United States should cooperate with governments of
countries with predominantly Muslim populations to foster agreement
on respect for human dignity and opportunity, and to offer a vision
of a better future that includes stressing life over death,
individual educational and economic opportunity, widespread
political participation, contempt for violence, respect for the
rule of law, openness in discussing differences, and tolerance for
opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Muslims; and
(4) the United States should work to defeat extremism in all
its form, especially in nations with predominantly Muslim
populations by providing assistance to governments, non-
governmental organizations, and individuals who promote
modernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with
repressive dictatorships have often been outweighed by long-term
setbacks for the stature and interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the importance
of individual educational and economic opportunity, encourage
widespread political participation, condemn violence, and promote
respect for the rule of law, openness in discussing differences
among people, and tolerance for opposing points of view; and
(2) the United States Government must encourage the governments
of all countries with predominantly Muslim populations, including
those that are friends and allies of the United States, to promote
the value of life and the importance of individual education and
economic opportunity, encourage widespread political participation,
condemn violence and promote the rule of law, openness in
discussing differences among people, and tolerance for opposing
points of view.
SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
(a) Promotion of United States Values Through Broadcast Media.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(A) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is neither convincingly presented nor widely
understood.
(B) If the United States does not act to vigorously define
its message in countries with predominantly Muslim populations,
the image of the United States will be defined by Islamic
extremists who seek to demonize the United States.
(C) Recognizing that many Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Islamic world, including Iran and
Afghanistan.
(2) Sense of congress.--It is the sense of Congress that--
(A) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in
countries with predominantly Muslim populations;
(B) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large Muslim audiences and
should be robustly supported;
(C) the United States Government could and should do more
to engage Muslim audiences in the struggle of ideas; and
(D) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part of
this engagement.
(b) Enhancing Free and Independent Media.--
(1) Findings.--Congress makes the following findings:
(A) Freedom of speech and freedom of the press are
fundamental human rights.
(B) The United States has a national interest in promoting
these freedoms by supporting free media abroad, which is
essential to the development of free and democratic societies
consistent with our own.
(C) Free media is undermined, endangered, or nonexistent in
many repressive and transitional societies around the world,
including in Eurasia, Africa, and the Middle East.
(D) Individuals lacking access to a plurality of free media
are vulnerable to misinformation and propaganda and are
potentially more likely to adopt anti-United States views.
(E) Foreign governments have a responsibility to actively
and publicly discourage and rebut unprofessional and unethical
media while respecting journalistic integrity and editorial
independence.
(2) Statement of policy.--It shall be the policy of the United
States, acting through the Secretary of State, to--
(A) ensure that the promotion of freedom of the press and
freedom of media worldwide is a priority of United States
foreign policy and an integral component of United States
public diplomacy;
(B) respect the journalistic integrity and editorial
independence of free media worldwide; and
(C) ensure that widely accepted standards for professional
and ethical journalistic and editorial practices are employed
when assessing international media.
(c) Establishment of Media Network.--
(1) Grants for establishment of network.--The Secretary of
State shall, utilizing amounts authorized to be appropriated by
subsection (e)(2), make grants to the National Endowment for
Democracy (NED) under the National Endowment for Democracy Act (22
U.S.C. 4411 et seq.) for utilization by the Endowment to provide
funding to a private sector group to establish and manage a free
and independent media network as specified in paragraph (2).
(2) Media network.--The media network established using funds
under paragraph (1) shall provide an effective forum to convene a
broad range of individuals, organizations, and governmental
participants involved in journalistic activities and the
development of free and independent media in order to--
(A) fund a clearinghouse to collect and share information
concerning international media development and training;
(B) improve research in the field of media assistance and
program evaluation to better inform decisions regarding funding
and program design for government and private donors;
(C) explore the most appropriate use of existing means to
more effectively encourage the involvement of the private
sector in the field of media assistance; and
(D) identify effective methods for the development of a
free and independent media in societies in transition.
(d) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated for
each of fiscal years 2005 and 2006, unless otherwise authorized by
Congress, such sums as may be necessary to carry out United States
Government broadcasting activities consistent with this section
under the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1431 et seq.), the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), and the Foreign
Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et
seq.), and to carry out other activities under this section
consistent with the purposes of such Acts, unless otherwise
authorized by Congress.
(2) Grants for media network.--In addition to the amounts
authorized to be appropriated under paragraph (1), there are
authorized to be appropriated for each of fiscal years 2005 and
2006, unless otherwise authorized by Congress, such sums as may be
necessary for grants under subsection (c)(1) for the establishment
of the media network described in subsection (c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
(a) In General.--The State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a et seq.) is amended by inserting after section 59 the
following new section:
``SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF
STATE.
``(a) Integral Component.--The Secretary of State shall make public
diplomacy an integral component in the planning and execution of United
States foreign policy.
``(b) Coordination and Development of Strategy.--The Secretary
shall make every effort to--
``(1) coordinate, subject to the direction of the President,
the public diplomacy activities of Federal agencies; and
``(2) coordinate with the Broadcasting Board of Governors to--
``(A) develop a comprehensive and coherent strategy for the
use of public diplomacy resources; and
``(B) develop and articulate long-term measurable
objectives for United States public diplomacy.
``(c) Objectives.--The strategy developed pursuant to subsection
(b) shall include public diplomacy efforts targeting developed and
developing countries and select and general audiences, using
appropriate media to properly explain the foreign policy of the United
States to the governments and populations of such countries, with the
objectives of increasing support for United States policies and
providing news and information. The Secretary shall, through the most
effective mechanisms, counter misinformation and propaganda concerning
the United States. The Secretary shall continue to articulate the
importance of freedom, democracy, and human rights as fundamental
principles underlying United States foreign policy goals.
``(d) Identification of United States Foreign Assistance.--In
cooperation with the United States Agency for International Development
(USAID) and other public and private assistance organizations and
agencies, the Secretary should ensure that information relating to
foreign assistance provided by the United States, nongovernmental
organizations, and private entities of the United States is
disseminated widely, and particularly, to the extent practicable,
within countries and regions that receive such assistance. The
Secretary should ensure that, to the extent practicable, projects
funded by USAID not involving commodities, including projects
implemented by private voluntary organizations, are identified as
provided by the people of the United States.''.
(b) Functions of the Under Secretary of State for Public
Diplomacy.--
(1) Amendment.--Section 1(b)(3) of such Act (22 U.S.C.
2651a(b)(3)) is amended by adding at the end the following new
sentence: ``The Under Secretary for Public Diplomacy shall--
``(A) prepare an annual strategic plan for public diplomacy
in collaboration with overseas posts and in consultation with
the regional and functional bureaus of the Department;
``(B) ensure the design and implementation of appropriate
program evaluation methodologies;
``(C) provide guidance to Department personnel in the
United States and overseas who conduct or implement public
diplomacy policies, programs, and activities;
``(D) assist the United States Agency for International
Development and the Broadcasting Board of Governors to present
the policies of the United States clearly and effectively; and
``(E) submit statements of United States policy and
editorial material to the Broadcasting Board of Governors for
broadcast consideration.''.
(2) Consultation.--The Under Secretary of State for Public
Diplomacy, in carrying out the responsibilities described in
section 1(b)(3) of such Act (as amended by paragraph (1)), shall
consult with public diplomacy officers operating at United States
overseas posts and in the regional bureaus of the Department of
State.
SEC. 7110. PUBLIC DIPLOMACY TRAINING.
(a) Statement of Policy.--The following should be the policy of the
United States:
(1) The Foreign Service should recruit individuals with
expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent
role in the formulation of public diplomacy strategies for the
countries and regions to which they are assigned and should be
accountable for the operation and success of public diplomacy
efforts at their posts.
(3) Initial and subsequent training of Foreign Service officers
should be enhanced to include information and training on public
diplomacy and the tools and technology of mass communication.
(b) Personnel.--
(1) Qualifications.--In the recruitment, training, and
assignment of members of the Foreign Service, the Secretary of
State--
(A) should emphasize the importance of public diplomacy and
applicable skills and techniques;
(B) should consider the priority recruitment into the
Foreign Service, including at middle-level entry, of
individuals with expertise and professional experience in
public diplomacy, mass communications, or journalism; and
(C) shall give special consideration to individuals with
language facility and experience in particular countries and
regions.
(2) Languages of special interest.--The Secretary of State
shall seek to increase the number of Foreign Service officers
proficient in languages spoken in countries with predominantly
Muslim populations. Such increase should be accomplished through
the recruitment of new officers and incentives for officers in
service.
(c) Public Diplomacy Suggested for Promotion in Foreign Service.--
Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C. 4003(b))
is amended by adding at the end the following: ``The precepts for
selection boards shall include, whether the member of the Service or
the member of the Senior Foreign Service, as the case may be, has
demonstrated--
(1) a willingness and ability to explain United States policies
in person and through the media when occupying positions for which
such willingness and ability is, to any degree, an element of the
member's duties, or
(2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL
ORGANIZATIONS.
(a) Support and Expansion of Democracy Caucus.--
(1) In general.--The President, acting through the Secretary of
State and the relevant United States chiefs of mission, should--
(A) continue to strongly support and seek to expand the
work of the democracy caucus at the United Nations General
Assembly and the United Nations Human Rights Commission; and
(B) seek to establish a democracy caucus at the United
Nations Conference on Disarmament and at other broad-based
international organizations.
(2) Purposes of the caucus.--A democracy caucus at an
international organization should--
(A) forge common positions, including, as appropriate, at
the ministerial level, on matters of concern before the
organization and work within and across regional lines to
promote agreed positions;
(B) work to revise an increasingly outmoded system of
membership selection, regional voting, and decisionmaking; and
(C) establish a rotational leadership agreement to provide
member countries an opportunity, for a set period of time, to
serve as the designated president of the caucus, responsible
for serving as its voice in each organization.
(b) Leadership and Membership of International Organizations.--The
President, acting through the Secretary of State, the relevant United
States chiefs of mission, and, where appropriate, the Secretary of the
Treasury, should use the voice, vote, and influence of the United
States to--
(1) where appropriate, reform the criteria for leadership and,
in appropriate cases, for membership, at all United Nations bodies
and at other international organizations and multilateral
institutions to which the United States is a member so as to
exclude countries that violate the principles of the specific
organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions of which
the United States is a member that a member country may not stand
in nomination for membership or in nomination or in rotation for a
significant leadership position in such bodies if the member
country is subject to sanctions imposed by the United Nations
Security Council; and
(3) work to ensure that no member country stand in nomination
for membership, or in nomination or in rotation for a significant
leadership position in such organizations, or for membership on the
United Nations Security Council, if the government of the member
country has been determined by the Secretary of State to have
repeatedly provided support for acts of international terrorism.
(c) Increased Training in Multilateral Diplomacy.--
(1) Statement of policy.--It shall be the policy of the United
States that training courses should be established for Foreign
Service Officers and civil service employees of the State
Department, including appropriate chiefs of mission, on the conduct
of multilateral diplomacy, including the conduct of negotiations at
international organizations and multilateral institutions,
negotiating skills that are required at multilateral settings,
coalition-building techniques, and lessons learned from previous
United States multilateral negotiations.
(2) Personnel.--
(A) In general.--The Secretary shall ensure that the
training described in paragraph (1) is provided at various
stages of the career of members of the Service.
(B) Actions of the Secretary.--The Secretary shall ensure
that--
(i) officers of the Service receive training on the
conduct of diplomacy at international organizations and
other multilateral institutions and at broad-based
multilateral negotiations of international instruments as
part of their training upon entry into the Service; and
(ii) officers of the Service, including chiefs of
mission, who are assigned to United States missions
representing the United States to international
organizations and other multilateral institutions or who
are assigned in Washington, D.C., to positions that have as
their primary responsibility formulation of policy toward
such organizations and institutions or toward participation
in broad-based multilateral negotiations of international
instruments, receive specialized training in the areas
described in paragraph (1) prior to beginning of service
for such assignment or, if receiving such training at that
time is not practical, within the first year of beginning
such assignment.
(3) Training for civil service employees.--The Secretary shall
ensure that employees of the Department of State who are members of
the civil service and who are assigned to positions described in
paragraph (2) receive training described in paragraph (1) prior to
the beginning of service for such assignment or, if receiving such
training at such time is not practical, within the first year of
beginning such assignment.
SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS
IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Exchange, scholarship, and library programs are effective
ways for the United States Government to promote internationally
the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and offer
them knowledge and hope.
(b) Declaration of Policy.--Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress declares that--
(1) the United States should commit to a long-term and
sustainable investment in promoting engagement with people of all
levels of society in countries with predominantly Muslim
populations, particularly with youth and those who influence youth;
(2) such an investment should make use of the talents and
resources in the private sector and should include programs to
increase the number of people who can be exposed to the United
States and its fundamental ideas and values in order to dispel
misconceptions; and
(3) such programs should include youth exchange programs, young
ambassadors programs, international visitor programs, academic and
cultural exchange programs, American Corner programs, library
programs, journalist exchange programs, sister city programs, and
other programs related to people-to-people diplomacy.
(c) Sense of Congress.--It is the sense of Congress that the United
States should significantly increase its investment in the people-to-
people programs described in subsection (b).
(d) Authority To Expand Educational and Cultural Exchanges.--The
President is authorized to substantially expand the exchange,
scholarship, and library programs of the United States, especially such
programs that benefit people in the Muslim world.
(e) Availability of Funds.--Of the amounts authorized to be
appropriated in each of the fiscal years 2005 and 2006 for educational
and cultural exchange programs, there shall be available to the
Secretary of State such sums as may be necessary to carry out programs
under this section, unless otherwise authorized by Congress.
SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress makes the following findings:
(1) During the 2003-2004 school year, the Office of Overseas
Schools of the Department of State is financially assisting 189
elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary schools
are located in more than 20 countries with predominantly Muslim
populations in the Near East, Africa, South Asia, Central Asia, and
East Asia.
(3) United States-sponsored elementary and secondary schools
provide an American-style education in English, with curricula that
typically include an emphasis on the development of critical
thinking and analytical skills.
(b) Statement of Policy.--The United States has an interest in
increasing the level of financial support provided to United States-
sponsored elementary and secondary schools in countries with
predominantly Muslim populations in order to--
(1) increase the number of students in such countries who
attend such schools;
(2) increase the number of young people who may thereby gain at
any early age an appreciation for the culture, society, and history
of the United States; and
(3) increase the number of young people who may thereby improve
their proficiency in the English language.
(c) Pilot Program.--The Secretary of State, acting through the
Director of the Office of Overseas Schools of the Department of State,
may conduct a pilot program to make grants to United States-sponsored
elementary and secondary schools in countries with predominantly Muslim
populations for the purpose of providing full or partial merit-based
scholarships to students from lower-income and middle-income families
of such countries to attend such schools.
(d) Determination of Eligible Students.--For purposes of the pilot
program, a United States-sponsored elementary and secondary school that
receives a grant under the pilot program may establish criteria to be
implemented by such school to determine what constitutes lower-income
and middle-income families in the country (or region of the country, if
regional variations in income levels in the country are significant) in
which such school is located.
(e) Restriction on Use of Funds.--Amounts appropriated to the
Secretary of State pursuant to the authorization of appropriations in
subsection (h) shall be used for the sole purpose of making grants
under this section, and may not be used for the administration of the
Office of Overseas Schools of the Department of State or for any other
activity of the Office.
(f) Voluntary Participation.--Nothing in this section shall be
construed to require participation in the pilot program by a United
States-sponsored elementary or secondary school in a predominantly
Muslim country.
(g) Report.--Not later than April 15, 2006, the Secretary of State
shall submit to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate
a report on the pilot program. The report shall assess the success of
the program, examine any obstacles encountered in its implementation,
and address whether it should be continued, and if so, provide
recommendations to increase its effectiveness.
(h) Funding.--There are authorized to be appropriated to the
Secretary of State for each of the fiscal years 2005 and 2006, unless
otherwise authorized by Congress, such sums as necessary to implement
the pilot program under this section.
SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Education that teaches tolerance, the dignity and value of
each individual, and respect for different beliefs is a key element
in any global strategy to eliminate terrorism.
(2) Education in the Middle East about the world outside that
region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the Middle
East by 2010, through the implementation of education programs
targeting women and girls and programs for adult literacy, and by
other means.
(5) To be effective, efforts to improve education in the Middle
East must also include--
(A) support for the provision of basic education tools,
such as textbooks that translate more of the world's knowledge
into local languages and local libraries to house such
materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same programs
to bridge the digital divide that already have been developed for
other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--The Secretary of State is authorized to
establish through an existing international organization, such as
the United Nations Educational, Science and Cultural Organization
(UNESCO) or other similar body, an International Youth Opportunity
Fund to provide financial assistance for the improvement of public
education in the Middle East and other countries of strategic
interest with predominantly Muslim populations.
(2) International participation.--The Secretary should seek the
cooperation of the international community in establishing and
generously supporting the Fund.
SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While terrorism is not caused by poverty, breeding grounds
for terrorism are created by backward economic policies and
repressive political regimes.
(2) Policies that support economic development and reform also
have political implications, as economic and political liberties
are often linked.
(3) The United States is working toward creating a Middle East
Free Trade Area by 2013 and implementing a free trade agreement
with Bahrain, and free trade agreements exist between the United
States and Israel and the United States and Jordan.
(4) Existing and proposed free trade agreements between the
United States and countries with predominantly Muslim populations
are drawing interest from other countries in the Middle East
region, and countries with predominantly Muslim populations can
become full participants in the rules-based global trading system,
as the United States considers lowering its barriers to trade.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter terrorism
should include economic policies that encourage development, open
societies, and opportunities for people to improve the lives of
their families and to enhance prospects for their children's
future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have a
significant population of Muslim individuals;
(3) another element of such a strategy should encompass United
States efforts to promote economic reform in countries that have a
significant population of Muslim individuals, including efforts to
integrate such countries into the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United States
should devote an increased proportion of its assistance to
countries in the Middle East to the promotion of the rule of law.
SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for each of fiscal years 2005 and 2006, (unless otherwise
authorized by Congress) such sums as may be necessary for the Middle
East Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that, given the
importance of the rule of law and economic reform to development in the
Middle East, a significant portion of the funds authorized to be
appropriated under subsection (a) should be made available to promote
the rule of law in the Middle East.
SEC. 7117. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Almost every aspect of the counterterrorism strategy of the
United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of United
States Government contacts with foreign governments concerning
counterterrorism have expanded significantly, but such contacts
have often been ad hoc and not integrated as a comprehensive and
unified approach to counterterrorism.
(b) In General.--The Secretary of State is authorized in
consultation with relevant United States Government agencies, to
negotiate on a bilateral or multilateral basis, as appropriate,
international agreements under which parties to an agreement work in
partnership to address and interdict acts of international terrorism.
(c) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that the
President--
(A) should seek to engage the leaders of the governments of
other countries in a process of advancing beyond separate and
uncoordinated national counterterrorism strategies to develop
with those other governments a comprehensive multilateral
strategy to fight terrorism; and
(B) to that end, should seek to establish an international
counterterrorism policy contact group with the leaders of
governments providing leadership in global counterterrorism
efforts and governments of countries with sizable Muslim
populations, to be used as a ready and flexible international
means for discussing and coordinating the development of
important counterterrorism policies by the participating
governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for the
following purposes:
(A) To meet annually, or more frequently as the President
determines appropriate, to develop in common with such other
governments important policies and a strategy that address the
various components of international prosecution of the war on
terrorism, including policies and a strategy that address
military issues, law enforcement, the collection, analysis, and
dissemination of intelligence, issues relating to interdiction
of travel by terrorists, counterterrorism-related customs
issues, financial issues, and issues relating to terrorist
sanctuaries.
(B) To address, to the extent (if any) that the President
and leaders of other participating governments determine
appropriate, long-term issues that can contribute to
strengthening stability and security in the Middle East.
SEC. 7118. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The death or capture of several important financial
facilitators has decreased the amount of money available to al
Qaeda, and has made it more difficult for al Qaeda to raise and
move money.
(2) The capture of al Qaeda financial facilitators has provided
a windfall of intelligence that can be used to continue the cycle
of disruption.
(3) The United States Government has rightly recognized that
information about terrorist money helps in understanding terror
networks, searching them out, and disrupting their operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a critical weapon in the effort to stop terrorist financing
should be the targeting of terrorist financial facilitators by
intelligence and law enforcement agencies; and
(2) efforts to track terrorist financing must be paramount in
United States counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and (6), a''
and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning on the
effective date of the designation under paragraph (2)(B)'' and
inserting ``until revoked under paragraph (5) or (6) or set
aside pursuant to subsection (c)'';
(2) by striking subparagraph (B) and inserting the following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a foreign terrorist organization under the
procedures set forth in clauses (iii) and (iv) if the
designated organization files a petition for revocation
within the petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause (i)--
``(I) if the designated organization has not
previously filed a petition for revocation under this
subparagraph, the petition period begins 2 years after
the date on which the designation was made; or
``(II) if the designated organization has
previously filed a petition for revocation under this
subparagraph, the petition period begins 2 years after
the date of the determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any foreign terrorist organization
that submits a petition for revocation under this
subparagraph must provide evidence in that petition that
the relevant circumstances described in paragraph (1) are
sufficiently different from the circumstances that were the
basis for the designation such that a revocation with
respect to the organization is warranted.
``(iv) Determination.--
``(I) In general.--Not later than 180 days after
receiving a petition for revocation submitted under
this subparagraph, the Secretary shall make a
determination as to such revocation.
``(II) Classified information.--The Secretary may
consider classified information in making a
determination in response to a petition for revocation.
Classified information shall not be subject to
disclosure for such time as it remains classified,
except that such information may be disclosed to a
court ex parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A
determination made by the Secretary under this clause
shall be published in the Federal Register.
``(IV) Procedures.--Any revocation by the Secretary
shall be made in accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no review has
taken place under subparagraph (B), the Secretary shall
review the designation of the foreign terrorist
organization in order to determine whether such designation
should be revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition for
revocation that is filed in accordance with that
subparagraph, then the review shall be conducted pursuant
to procedures established by the Secretary. The results of
such review and the applicable procedures shall not be
reviewable in any court.
``(iii) Publication of results of review.--The
Secretary shall publish any determination made pursuant to
this subparagraph in the Federal Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation under
this subsection if the Secretary finds that the organization has
changed its name, adopted a new alias, dissolved and then
reconstituted itself under a different name or names, or merged
with another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon publication
in the Federal Register. Subparagraphs (B) and (C) of subsection
(a)(2) shall apply to an amended designation upon such publication.
Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a)
shall also apply to an amended designation.
``(3) Administrative record.--The administrative record shall
be corrected to include the amendments as well as any additional
relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance with
this subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that such
information may be disclosed to a court ex parte and in camera for
purposes of judicial review under subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by striking
``or a redesignation made under paragraph (4)(B)'' and
inserting ``at any time, and shall revoke a designation
upon completion of a review conducted pursuant to
subparagraphs (B) and (C) of paragraph (4)''; and
(ii) in clause (i), by striking ``or redesignation'';
(C) in paragraph (7), by striking ``, or the revocation of
a redesignation under paragraph (6),''; and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation under this
subsection has become effective under paragraph (4)(B),'';
and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the designation in
the Federal Register,'' and all that follows through ``review
of the designation'' and inserting ``in the Federal Register of
a designation, an amended designation, or a determination in
response to a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``, amended designation,
or determination in response to a petition for revocation''
after ``designation'';
(C) in paragraph (3), by inserting ``, amended
designation, or determination in response to a petition for
revocation'' after ``designation''; and
(D) in paragraph (4), by inserting ``, amended designation,
or determination in response to a petition for revocation''
after ``designation'' each place that term appears.
(d) Savings Provision.--For purposes of applying section 219 of the
Immigration and Nationality Act on or after the date of enactment of
this Act, the term ``designation'', as used in that section, includes
all redesignations made pursuant to section 219(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the
date of enactment of this Act, and such redesignations shall continue
to be effective until revoked as provided in paragraph (5) or (6) of
section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 7120. REPORT TO CONGRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the President shall submit to Congress a report
on the activities of the Government of the United States to carry out
the provisions of this subtitle.
(b) Contents.--The report required under this section shall include
the following:
(1) Terrorist sanctuaries.--A description of the strategy of
the United States to address and, where possible, eliminate
terrorist sanctuaries, including--
(A) a description of the terrorist sanctuaries that exist;
(B) an outline of strategies, tactics, and tools for
disrupting or eliminating the security provided to terrorists
by such sanctuaries;
(C) a description of efforts by the United States
Government to work with other countries in bilateral and
multilateral fora to elicit the cooperation needed to identify
and address terrorist sanctuaries that may exist unknown to
governments; and
(D) a description of long-term goals and actions designed
to reduce the conditions that allow the formation of terrorist
sanctuaries, such as supporting and strengthening host
governments, reducing poverty,
increasing economic development, strengthening civil society,
securing borders, strengthening internal security forces, and
disrupting logistics and communications networks of terrorist
groups.
(2) Support for pakistan.--A description of a United States
strategy to engage with Pakistan and to support it over the long
term, including--
(A) recommendations on the composition and levels of
assistance required in future years, with special consideration
of the proper balance between security assistance and other
forms of assistance;
(B) a description of the composition and levels of
assistance, other than security assistance, at present and in
the recent past, structured to permit a comparison of current
and past practice with that recommended for the future;
(C) measures that could be taken to ensure that all forms
of foreign assistance to Pakistan have the greatest possible
long-term positive impact on the welfare of the Pakistani
people and on the ability of Pakistan to cooperate in global
efforts against terror; and
(D) measures that could be taken to alleviate difficulties,
misunderstandings, and complications in the relationship
between the United States and Pakistan.
(3) Collaboration with saudi arabia.--A description of the
strategy of the United States for expanding collaboration with the
Government of Saudi Arabia on subjects of mutual interest and of
importance, including a description of--
(A) steps that could usefully be taken to institutionalize
and make more transparent government to government
relationships between the United States and Saudi Arabia,
including the utility of undertaking periodic, formal, and
visible high-level dialogues between government officials of
both countries to address challenges in the relationship
between the 2 governments and to identify areas and mechanisms
for cooperation;
(B) intelligence and security cooperation between the
United States and Saudi Arabia in the fight against Islamist
terrorism;
(C) ways to increase the contribution of Saudi Arabia to
the stability of the Middle East and the Islamic world,
particularly to the Middle East peace process, by eliminating
support from or within Saudi Arabia for extremist groups or
tendencies;
(D) political and economic reform in Saudi Arabia and
throughout the Islamic world;
(E) ways to promote greater tolerance and respect for
cultural and religious diversity in Saudi Arabia and throughout
the Islamic world; and
(F) ways to assist the Government of Saudi Arabia in
reversing the impact of any financial, moral, intellectual, or
other support provided in the past from Saudi sources to
extremist groups in Saudi Arabia and other countries, and to
prevent this support from continuing in the future.
(4) Struggle of ideas in the islamic world.--A description of a
cohesive, long-term strategy of the United States to help win the
struggle of ideas in the Islamic world, including the following:
(A) A description of specific goals related to winning this
struggle of ideas.
(B) A description of the range of tools available to the
United States Government to accomplish such goals and the
manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and a plan
for linking resources to the accomplishment of such goals.
(D) A description of any additional resources that may be
necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and United
States participation in, international institutions for the
promotion of democracy and economic diversification in the
Islamic world, and intraregional trade in the Middle East.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince United States
allies and people in the Islamic world that engaging in the
struggle of ideas in the Islamic world is a top priority of the
United States and that the United States intends to make a
substantial and sustained commitment toward winning this
struggle.
(5) Outreach through broadcast media.--A description of a
cohesive, long-term strategy of the United States to expand its
outreach to foreign Muslim audiences through broadcast media,
including the following:
(A) The initiatives of the Broadcasting Board of Governors
with respect to outreach to foreign Muslim audiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly and
comprehensively present a United States point of view through
indigenous broadcast media in countries with predominantly
Muslim populations, including increasing appearances by United
States Government officials, experts, and citizens.
(C) An assessment of the major themes of biased or false
media coverage of the United States in foreign countries and
the actions taken to address this type of media coverage.
(D) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters to dub
or subtitle into Arabic and other relevant languages their news
and public affairs programs broadcast in the Muslim world in
order to present those programs to a much broader Muslim
audience than is currently reached.
(E) Any recommendations the President may have for
additional funding and legislation necessary to achieve the
objectives of the strategy.
(6) Visas for participants in united states programs.--A
description of--
(A) any recommendations for expediting the issuance of
visas to individuals who are entering the United States for the
purpose of participating in a scholarship, exchange, or visitor
program described in section 7111(b) without compromising the
security of the United States; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(7) Basic education in muslim countries.--A description of a
strategy, that was developed after consultation with
nongovernmental organizations and individuals involved in
education assistance programs in developing countries, to promote
free universal basic education in the countries of the Middle East
and in other countries with predominantly Muslim populations
designated by the President. The strategy shall include the
following elements:
(A) A description of the manner in which the resources of
the United States and the international community shall be used
to help achieve free universal basic education in such
countries, including--
(i) efforts of the United States to coordinate an
international effort;
(ii) activities of the United States to leverage
contributions from members of the Group of Eight or other
donors; and
(iii) assistance provided by the United States to
leverage contributions from the private sector and civil
society organizations.
(B) A description of the efforts of the United States to
coordinate with other donors to reduce duplication and waste at
the global and country levels and to ensure efficient
coordination among all relevant departments and agencies of the
Government of the United States.
(C) A description of the strategy of the United States to
assist efforts to overcome challenges to achieving free
universal basic education in such countries, including
strategies to target hard to reach populations to promote
education.
(D) A listing of countries that the President determines
might be eligible for assistance under the International Youth
Opportunity Fund described in section 7114(b) and related
programs.
(E) A description of the efforts of the United States to
encourage countries in the Middle East and other countries with
predominantly Muslim populations designated by the President to
develop and implement a national education plan.
(F) A description of activities that could be carried out
as part of the International Youth Opportunity Fund to help
close the digital divide and expand vocational and business
skills in such countries.
(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country described in
subparagraph (D), and an estimate of the amount that has been
expended by the United States and by each such country during
the previous fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from countries in
the Middle East and other countries with predominantly Muslim
populations designated by the President, international
organizations, and other countries that share the objectives of
the International Youth Opportunity Fund.
(8) Economic reform.--A description of the efforts of the
United States Government to encourage development and promote
economic reform in countries that have a predominantly Muslim
population, including a description of--
(A) efforts to integrate countries with predominantly
Muslim populations into the global trading system; and
(B) actions that the United States Government, acting alone
and in partnership with governments in the Middle East, can
take to promote intraregional trade and the rule of law in the
region.
(c) Form of Report.--Any report or other matter that is required to
be submitted to Congress (including a committee of Congress) under this
section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) Availability of Treaties and International Agreements.--Section
112a of title 1, United States Code, is amended by adding at the end
the following:
``(d) The Secretary of State shall make publicly available through
the Internet website of the Department of State each treaty or
international agreement proposed to be published in the compilation
entitled `United States Treaties and Other International Agreements'
not later than 180 days after the date on which the treaty or agreement
enters into force.''.
(b) Transmission to Congress.--Section 112b(a) of title 1, United
States Code, is amended by striking ``Committee on Foreign Affairs''
and inserting ``Committee on International Relations''.
(c) Report.--Section 112b of title 1, United States Code, is
amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) The Secretary of State shall annually submit to Congress a
report that contains an index of all international agreements, listed
by country, date, title, and summary of each such agreement (including
a description of the duration of activities under the agreement and the
agreement itself), that the United States--
``(A) has signed, proclaimed, or with reference to which any
other final formality has been executed, or that has been extended
or otherwise modified, during the preceding calendar year; and
``(B) has not been published, or is not proposed to be
published, in the compilation entitled `United States Treaties and
Other International Agreements'.
``(2) The report described in paragraph (1) may be submitted in
classified form.''.
(d) Determination of International Agreement.--Subsection (e) of
section 112b of title 1, United States Code, as redesignated, is
amended--
(1) by striking ``(e) The Secretary of State'' and inserting
the following:
``(e)(1) Subject to paragraph (2), the Secretary of State''; and
(2) by adding at the end the following:
``(2)(A) An arrangement shall constitute an international agreement
within the meaning of this section (other than subsection (c))
irrespective of the duration of activities under the arrangement or the
arrangement itself.
``(B) Arrangements that constitute an international agreement
within the meaning of this section (other than subsection (c)) include
the following:
``(i) A bilateral or multilateral counterterrorism agreement.
``(ii) A bilateral agreement with a country that is subject to
a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
or section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)).''.
(e) Enforcement of Requirements.--Section 139(b) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 is amended to
read as follows:
``(b) Effective Date.--Subsection (a) shall take effect 60 days
after the date of enactment of the 911 Commission Implementation Act of
2004 and shall apply during fiscal years 2005, 2006, and 2007.''.
SEC. 7122. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Travel documents are as important to terrorists as weapons
since terrorists must travel clandestinely to meet, train, plan,
case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists because
they must surface to pass through regulated channels, present
themselves to border security officials, or attempt to circumvent
inspection points.
(3) Terrorists use evasive, but detectable, methods to travel,
such as altered and counterfeit passports and visas, specific
travel methods and routes, liaisons with corrupt government
officials, human smuggling networks, supportive travel agencies,
and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency systematically
analyzed terrorist travel strategies. If an agency had done so, the
agency could have discovered the ways in which the terrorist
predecessors to al Qaeda had been systematically, but detectably,
exploiting weaknesses in our border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their characteristic
travel documents and travel patterns could have allowed authorities
to intercept some of the hijackers and a more effective use of
information available in government databases could have identified
some of the hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting against
terrorism inevitably shaped al Qaeda's planning and opportunities.
(7) New insights into terrorist travel gained since September
11, 2001, have not been adequately integrated into the front lines
of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has produced
useful results and should be expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the National
Counterterrorism Center shall submit to Congress unclassified and
classified versions of a strategy for combining terrorist travel
intelligence, operations, and law enforcement into a cohesive
effort to intercept terrorists, find terrorist travel facilitators,
and constrain terrorist mobility domestically and internationally.
The report to Congress should include a description of the actions
taken to implement the strategy and an assessment regarding
vulnerabilities within the United States and foreign travel systems
that may be exploited by international terrorists, human smugglers
and traffickers, and their facilitators.
(2) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies.
(3) Contents.--The strategy may address--
(A) a program for collecting, analyzing, disseminating, and
utilizing information and intelligence regarding terrorist
travel tactics and methods, and outline which Federal
intelligence, diplomatic, and law enforcement agencies will be
held accountable for implementing each element of the strategy;
(B) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify and
disrupt terrorist travel tactics, practices, patterns, and
trends, and the terrorist travel facilitators, document
forgers, human smugglers, travel agencies, and corrupt border
and transportation officials who assist terrorists;
(C) the training and training materials required by
consular, border, and immigration officials to effectively
detect and disrupt terrorist travel described under subsection
(c)(3);
(D) the new technology and procedures required and actions
to be taken to integrate existing counterterrorist travel
document and mobility intelligence into border security
processes, including consular, port of entry, border patrol,
maritime, immigration benefits, and related law enforcement
activities;
(E) the actions required to integrate current terrorist
mobility intelligence into military force protection measures;
(F) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for purposes
of combatting terrorist travel, including further developing
and expanding enforcement and operational capabilities that
address terrorist travel;
(G) the actions to be taken to aid in the sharing of
information between the frontline border agencies of the
Department of Homeland Security, the Department of State, and
classified and unclassified sources of counterterrorist travel
intelligence and information elsewhere in the Federal
Government, including the Human Smuggling and Trafficking
Center;
(H) the development and implementation of procedures to
enable the National Counterterrorism Center, or its designee,
to timely receive terrorist travel intelligence and
documentation obtained at consulates and ports of entry, and by
law enforcement officers and military personnel;
(I) the use of foreign and technical assistance to advance
border security measures and law enforcement operations against
terrorist travel facilitators;
(J) the feasibility of developing a program to provide each
consular, port of entry, and immigration benefits office with a
counterterrorist travel expert trained and authorized to use
the relevant authentication technologies and cleared to access
all appropriate immigration, law enforcement, and intelligence
databases;
(K) the feasibility of digitally transmitting suspect
passport information to a central cadre of specialists, either
as an interim measure until such time as experts described
under subparagraph (J) are available at consular, port of
entry, and immigration benefits offices, or otherwise;
(L) the development of a mechanism to ensure the
coordination and dissemination of terrorist travel intelligence
and operational information among the Department of Homeland
Security, the Department of State, the National
Counterterrorism Center, and other appropriate agencies;
(M) granting consular officers and immigration
adjudicators, as appropriate, the security clearances necessary
to access law enforcement sensitive and intelligence databases;
and
(N) how to integrate travel document screening for
terrorism indicators into border screening, and how to
integrate the intelligence community into a robust travel
document screening process to intercept terrorists.
(c) Frontline Counterterrorist Travel Technology and Training.--
(1) Technology acquisition and dissemination plan.--Not later
than 180 days after the date of enactment of this Act, the
Secretary of Homeland Security, in conjunction with the Secretary
of State, shall submit to Congress a plan describing how the
Department of Homeland Security and the Department of State can
acquire and deploy, to the maximum extent feasible, to all
consulates, ports of entry, and immigration benefits offices,
technologies that facilitate document authentication and the
detection of potential terrorist indicators on travel documents. To
the extent possible, technologies acquired and deployed under this
plan shall be compatible with systems used by the Department of
Homeland Security to detect fraudulent documents and identify
genuine documents.
(2) Contents of plan.--The plan submitted under paragraph (1)
shall--
(A) outline the timetable needed to acquire and deploy the
authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies; and
(ii) train personnel on use of these technologies; and
(C) address the feasibility of using these technologies to
screen every passport or other documentation described in
section 7209(b) submitted for identification purposes to a
United States consular, border, or immigration official.
(d) Training Program.--
(1) Review, evaluation, and revision of existing training
programs.--The Secretary of Homeland Security shall--
(A) review and evaluate the training regarding travel and
identity documents, and techniques, patterns, and trends
associated with terrorist travel that is provided to personnel
of the Department of Homeland Security;
(B) in coordination with the Secretary of State, review and
evaluate the training described in subparagraph (A) that is
provided to relevant personnel of the Department of State; and
(C) in coordination with the Secretary of State, develop
and implement an initial training and periodic retraining
program--
(i) to teach border, immigration, and consular
officials (who inspect or review travel or identity
documents as part of their official duties) how to
effectively detect, intercept, and disrupt terrorist
travel; and
(ii) to ensure that the officials described in clause
(i) regularly receive the most current information on such
matters and are periodically retrained on the matters
described in paragraph (2).
(2) Required topics of revised programs.--The training program
developed under paragraph (1)(C) shall include training in--
(A) methods for identifying fraudulent and genuine travel
documents;
(B) methods for detecting terrorist indicators on travel
documents and other relevant identity documents;
(C) recognition of travel patterns, tactics, and behaviors
exhibited by terrorists;
(D) effective utilization of information contained in
databases and data systems available to the Department of
Homeland Security; and
(E) other topics determined to be appropriate by the
Secretary of Homeland Security, in consultation with the
Secretary of State or the Director of National Intelligence.
(3) Implementation.--
(A) Department of homeland security.--
(i) In general.--The Secretary of Homeland Security
shall provide all border and immigration officials who
inspect or review travel or identity documents as part of
their official duties with the training described in
paragraph (1)(C).
(ii) Report to congress.--Not later than 12 months
after the date of enactment of this Act, and annually
thereafter for a period of 3 years, the Secretary of
Homeland Security shall submit a report to Congress that--
(I) describes the number of border and immigration
officials who inspect or review identity documents as
part of their official duties, and the proportion of
whom have received the revised training program
described in paragraph (1)(C)(i);
(II) explains the reasons, if any, for not
completing the requisite training described in
paragraph (1)(C)(i);
(III) provides a timetable for completion of the
training described in paragraph (1)(C)(i) for those who
have not received such training; and
(IV) describes the status of periodic retraining of
appropriate personnel described in paragraph
(1)(C)(ii).
(B) Department of state.--
(i) In general.--The Secretary of State shall provide
all consular officers who inspect or review travel or
identity documents as part of their official duties with
the training described in paragraph (1)(C).
(ii) Report to congress.--Not later than 12 months
after the date of enactment of this Act, and annually
thereafter for a period of 3 years, the Secretary of State
shall submit a report to Congress that--
(I) describes the number of consular officers who
inspect or review travel or identity documents as part
of their official duties, and the proportion of whom
have received the revised training program described in
paragraph (1)(C)(i);
(II) explains the reasons, if any, for not
completing the requisite training described in
paragraph (1)(C)(i);
(III) provides a timetable for completion of the
training described in paragraph (1)(C)(i) for those who
have not received such training; and
(IV) describes the status of periodic retraining of
appropriate personnel described in paragraph
(1)(C)(ii).
(4) Assistance to others.--The Secretary of Homeland Security
may assist States, Indian tribes, local governments, and private
organizations to establish training programs related to terrorist
travel intelligence.
(5) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary for each of the
fiscal years 2005 through 2009 to carry out the provisions of this
subsection.
(e) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The Director of National Intelligence shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized to
be appropriated for each of the fiscal years 2005 through 2009 such
sums as may be necessary to carry out this subsection.
SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a) Establishment.--There is established a Human Smuggling and
Trafficking Center (referred to in this section as the ``Center'').
(b) Operation.--The Secretary of State, the Secretary of Homeland
Security, and the Attorney General shall operate the Center in
accordance with the Memorandum of Understanding entitled, ``Human
Smuggling and Trafficking Center (HSTC), Charter''.
(c) Functions.--In addition to such other responsibilities as the
President may assign, the Center shall--
(1) serve as the focal point for interagency efforts to address
terrorist travel;
(2) serve as a clearinghouse with respect to all relevant
information from all Federal Government agencies in support of the
United States strategy to prevent separate, but related, issues of
clandestine terrorist travel and facilitation of migrant smuggling
and trafficking of persons;
(3) ensure cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of the Federal
Government to improve effectiveness and to convert all information
available to the Federal Government relating to clandestine
terrorist travel and facilitation, migrant smuggling, and
trafficking of persons into tactical, operational, and strategic
intelligence that can be used to combat such illegal activities;
and
(4) prepare and submit to Congress, on an annual basis, a
strategic assessment regarding vulnerabilities in the United States
and foreign travel system that may be exploited by international
terrorists, human smugglers and traffickers, and their
facilitators.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the President shall transmit to Congress a report regarding
the implementation of this section, including a description of the
staffing and resource needs of the Center.
(e) Relationship to the NCTC.--As part of its mission to combat
terrorist travel, the Center shall work to support the efforts of the
National Counterterrorism Center.
SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) Increased Number of Consular Officers.--The Secretary of State,
in each of fiscal years 2006 through 2009, may increase by 150 the
number of positions for consular officers above the number of such
positions for which funds were allotted for the preceding fiscal year.
(b) Limitation on Use of Foreign Nationals for Visa Screening.--
(1) Immigrant visas.--Section 222(b) of the Immigration and
Nationality Act (8 U.S.C. 1202(b)) is amended by adding at the end
the following: ``All immigrant visa applications shall be reviewed
and adjudicated by a consular officer.''.
(2) Nonimmigrant visas.--Section 222(d) of the Immigration and
Nationality Act (8 U.S.C. 1202(d)) is amended by adding at the end
the following: ``All nonimmigrant visa applications shall be
reviewed and adjudicated by a consular officer.''.
(c) Training for Consular Officers in Detection of Fraudulent
Documents.--Section 305(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the
end the following: ``In accordance with section 7201(d) of the 9/11
Commission Implementation Act of 2004, and as part of the consular
training provided to such officers by the Secretary of State, such
officers shall also receive training in detecting fraudulent documents
and general document forensics and shall be required as part of such
training to work with immigration officers conducting inspections of
applicants for admission into the United States at ports of entry.''.
(d) Assignment of Anti-Fraud Specialists.--
(1) Survey regarding document fraud.--The Secretary of State,
in coordination with the Secretary of Homeland Security, shall
conduct a survey of each diplomatic and consular post at which
visas are issued to assess the extent to which fraudulent documents
are presented by visa applicants to consular officers at such
posts.
(2) Requirement for specialist.--
(A) In general.--Not later than July 31, 2005, the
Secretary of State, in coordination with the Secretary of
Homeland Security, shall identify the diplomatic and consular
posts at which visas are issued that experience the greatest
frequency of presentation of fraudulent documents by visa
applicants. The Secretary of State shall assign or designate at
each such post at least 1 full-time anti-fraud specialist
employed by the Department of State to assist the consular
officers at each such post in the detection of such fraud.
(B) Exceptions.--The Secretary of State is not required to
assign or designate a specialist under subparagraph (A) at a
diplomatic or consular post if an employee of the Department of
Homeland Security, who has sufficient training and experience
in the detection of fraudulent documents, is assigned on a
full-time basis to such post under section 428 of the Homeland
Security Act of 2002 (6 U.S.C. 236).
SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST
TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS.
(a) Findings.--Congress makes the following findings:
(1) International terrorists travel across international
borders to raise funds, recruit members, train for operations,
escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and carried out
the attack on the World Trade Center on February 26, 1993, the
attack on the embassies of the United States in Kenya and Tanzania
on August 7, 1998, the attack on the USS Cole on October 12, 2000,
and the attack on the World Trade Center and the Pentagon on
September 11, 2001, traveled across international borders to plan
and carry out these attacks.
(3) The international terrorists who planned other attacks on
the United States, including the plot to bomb New York City
landmarks in 1993, the plot to bomb the New York City subway in
1997, and the millennium plot to bomb Los Angeles International
Airport on December 31, 1999, traveled across international borders
to plan and carry out these attacks.
(4) Many of the international terrorists who planned and
carried out large-scale attacks against foreign targets, including
the attack in Bali, Indonesia, on October 11, 2002, and the attack
in Madrid, Spain, on March 11, 2004, traveled across international
borders to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists, including
those involved in the attack on the World Trade Center on February
26, 1993, the plot to bomb New York City landmarks in 1993, and the
millennium plot to bomb Los Angeles International Airport on
December 31, 1999, traveled on fraudulent passports and often had
more than 1 passport.
(6) Two of the September 11, 2001, hijackers were carrying
passports that had been manipulated in a fraudulent manner.
(7) The National Commission on Terrorist Attacks Upon the
United States, (commonly referred to as the 9/11 Commission),
stated that ``Targeting travel is at least as powerful a weapon
against terrorists as targeting their money.''.
(b) International Agreements To Track and Curtail Terrorist
Travel.--
(1) International agreement on lost, stolen, or falsified
documents.--The President should lead efforts to track and curtail
the travel of terrorists by supporting the drafting, adoption, and
implementation of international agreements, and relevant United
Nations Security Council resolutions to track and stop
international travel by terrorists and other criminals through the
use of lost, stolen, or falsified documents to augment United
Nations and other international anti-terrorism efforts.
(2) Contents of international agreement.--The President should
seek, as appropriate, the adoption or full implementation of
effective international measures to--
(A) share information on lost, stolen, and fraudulent
passports and other travel documents for the purposes of
preventing the undetected travel of persons using such
passports and other travel documents that were obtained
improperly;
(B) establish and implement a real-time verification system
of passports and other travel documents with issuing
authorities;
(C) share with officials at ports of entry in any such
country information relating to lost, stolen, and fraudulent
passports and other travel documents;
(D) encourage countries--
(i) to criminalize--
(I) the falsification or counterfeiting of travel
documents or breeder documents for any purpose;
(II) the use or attempted use of false documents to
obtain a visa or cross a border for any purpose;
(III) the possession of tools or implements used to
falsify or counterfeit such documents;
(IV) the trafficking in false or stolen travel
documents and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist; and
(VI) attempts to commit, including conspiracies to
commit, the crimes specified in subclauses (I) through
(V);
(ii) to impose significant penalties to appropriately
punish violations and effectively deter the crimes
specified in clause (i); and
(iii) to limit the issuance of citizenship papers,
passports, identification documents, and similar documents
to persons--
(I) whose identity is proven to the issuing
authority;
(II) who have a bona fide entitlement to or need
for such documents; and
(III) who are not issued such documents principally
on account of a disproportional payment made by them or
on their behalf to the issuing authority;
(E) provide technical assistance to countries to help them
fully implement such measures; and
(F) permit immigration and border officials--
(i) to confiscate a lost, stolen, or falsified passport
at ports of entry;
(ii) to permit the traveler to return to the sending
country without being in possession of the lost, stolen, or
falsified passport; and
(iii) to detain and investigate such traveler upon the
return of the traveler to the sending country.
(3) International civil aviation organization.--The United
States shall lead efforts to track and curtail the travel of
terrorists by supporting efforts at the International Civil
Aviation Organization to continue to strengthen the security
features of passports and other travel documents.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and at least annually thereafter, the
President shall submit to the appropriate congressional committees
a report on progress toward achieving the goals described in
subsection (b).
(2) Termination.--Paragraph (1) shall cease to be effective
when the President certifies to the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate that the goals described in
subsection (b) have been fully achieved.
SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO
THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED
WATCHLIST SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) The current lack of a single convention for translating
Arabic names enabled some of the 19 hijackers of aircraft used in
the terrorist attacks against the United States that occurred on
September 11, 2001, to vary the spelling of their names to defeat
name-based terrorist watchlist systems and to make more difficult
any potential efforts to locate them.
(2) Although the development and utilization of terrorist
watchlist systems using biometric identifiers will be helpful, the
full development and utilization of such systems will take several
years, and name-based terrorist watchlist systems will always be
useful.
(b) Sense of Congress.--It is the sense of Congress that the
President should seek to enter into an international agreement to
modernize and improve standards for the transliteration of names into
the Roman alphabet in order to ensure 1 common spelling for such names
for international travel documents and name-based watchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) In General.--Section 235A(b) of the Immigration and Nationality
Act (8 U.S.C. 1225a(b)) is amended--
(1) in the subsection heading, by inserting ``and Immigration
Security Initiative'' after ``Program'';
(2) by striking ``Attorney General'' and inserting ``Secretary
of Homeland Security''; and
(3) by adding at the end the following: ``Beginning not later
than December 31, 2006, the number of airports selected for an
assignment under this subsection shall be at least 50.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security to carry out the
amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER
PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State shall
certify to Congress which of the countries designated to participate in
the visa waiver program established under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) are developing a
program to issue to individuals seeking to enter that country pursuant
to a visa issued by that country, a machine readable visa document that
is tamper-resistant and incorporates biometric identification
information that is verifiable at its port of entry.
SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Finding.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress finds that
completing a biometric entry and exit data system as expeditiously as
possible is an essential investment in efforts to protect the United
States by preventing the entry of terrorists.
(b) Definition.--In this section, the term ``entry and exit data
system'' means the entry and exit system required by applicable
sections of--
(1) the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-205);
(3) the Visa Waiver Permanent Program Act (Public Law 106-396);
(4) the Enhanced Border Security and Visa Entry Reform Act of
2002 (Public Law 107-173); and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (Public Law 107-56).
(c) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland Security
shall develop a plan to accelerate the full implementation of an
automated biometric entry and exit data system.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which shall
contain--
(A) a description of the current functionality of the entry
and exit data system, including--
(i) a listing of ports of entry and other Department of
Homeland Security and Department of State locations with
biometric entry data systems in use and whether such
screening systems are located at primary or secondary
inspection areas;
(ii) a listing of ports of entry and other Department
of Homeland Security and Department of State locations with
biometric exit data systems in use;
(iii) a listing of databases and data systems with
which the entry and exit data system are interoperable;
(iv) a description of--
(I) identified deficiencies concerning the accuracy
or integrity of the information contained in the entry
and exit data system;
(II) identified deficiencies concerning technology
associated with processing individuals through the
system; and
(III) programs or policies planned or implemented
to correct problems identified in subclause (I) or
(II); and
(v) an assessment of the effectiveness of the entry and
exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United
States;
(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit data system,
including--
(i) the earliest date on which the Secretary estimates
that full implementation of the biometric entry and exit
data system can be completed;
(ii) the actions the Secretary will take to accelerate
the full implementation of the biometric entry and exit
data system at all ports of entry through which all aliens
must pass that are legally required to do so; and
(iii) the resources and authorities required to enable
the Secretary to meet the implementation date described in
clause (i);
(C) a description of any improvements needed in the
information technology employed for the biometric entry and
exit data system;
(D) a description of plans for improved or added
interoperability with any other databases or data systems; and
(E) a description of the manner in which the Department of
Homeland Security's US-VISIT program--
(i) meets the goals of a comprehensive entry and exit
screening system, including both entry and exit biometric;
and
(ii) fulfills the statutory obligations under
subsection (b).
(d) Collection of Biometric Exit Data.--The entry and exit data
system shall include a requirement for the collection of biometric exit
data for all categories of individuals who are required to provide
biometric entry data, regardless of the port of entry where such
categories of individuals entered the United States.
(e) Integration and Interoperability.--
(1) Integration of data system.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall fully
integrate all databases and data systems that process or contain
information on aliens, which are maintained by--
(A) the Department of Homeland Security, at--
(i) the United States Immigration and Customs
Enforcement;
(ii) the United States Customs and Border Protection;
and
(iii) the United States Citizenship and Immigration
Services;
(B) the Department of Justice, at the Executive Office for
Immigration Review; and
(C) the Department of State, at the Bureau of Consular
Affairs.
(2) Interoperable component.--The fully integrated data system
under paragraph (1) shall be an interoperable component of the
entry and exit data system.
(3) Interoperable data system.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall fully
implement an interoperable electronic data system, as required by
section 202 of the Enhanced Border Security and Visa Entry Reform
Act (8 U.S.C. 1722) to provide current and immediate access to
information in the databases of Federal law enforcement agencies
and the intelligence community that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(f) Maintaining Accuracy and Integrity of Entry and Exit Data
System.--
(1) Policies and procedures.--
(A) Establishment.--The Secretary of Homeland Security
shall establish rules, guidelines, policies, and operating and
auditing procedures for collecting, removing, and updating data
maintained in, and adding information to, the entry and exit
data system that ensure the accuracy and integrity of the data.
(B) Training.--The Secretary shall develop training on the
rules, guidelines, policies, and procedures established under
subparagraph (A), and on immigration law and procedure. All
personnel authorized to access information maintained in the
databases and data system shall receive such training.
(2) Data collected from foreign nationals.--The Secretary of
Homeland Security, the Secretary of State, and the Attorney
General, after consultation with directors of the relevant
intelligence agencies, shall standardize the information and data
collected from foreign nationals, and the procedures utilized to
collect such data, to ensure that the information is consistent and
valuable to officials accessing that data across multiple agencies.
(3) Data maintenance procedures.--Heads of agencies that have
databases or data systems linked to the entry and exit data system
shall establish rules, guidelines, policies, and operating and
auditing procedures for collecting, removing, and updating data
maintained in, and adding information to, such databases or data
systems that ensure the accuracy and integrity of the data and for
limiting access to the information in the databases or data systems
to authorized personnel.
(4) Requirements.--The rules, guidelines, policies, and
procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors in a timely and effective manner;
(ii) determining which government officer provided data
so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits
or misidentification errors;
(B) include procedures for individuals to--
(i) seek corrections of data contained in the databases
or data systems; and
(ii) appeal decisions concerning data contained in the
databases or data systems;
(C) strictly limit the agency personnel authorized to enter
data into the system;
(D) identify classes of information to be designated as
temporary or permanent entries, with corresponding expiration
dates for temporary entries; and
(E) identify classes of prejudicial information requiring
additional authority of supervisory personnel before entry.
(5) Centralizing and streamlining correction process.--
(A) In general.--The President, or agency director
designated by the President, shall establish a clearinghouse
bureau in the Department of Homeland Security, to centralize
and streamline the process through which members of the public
can seek corrections to erroneous or inaccurate information
contained in agency databases, which is related to immigration
status, or which otherwise impedes lawful admission to the
United States.
(B) Time schedules.--The process described in subparagraph
(A) shall include specific time schedules for reviewing data
correction requests, rendering decisions on such requests, and
implementing appropriate corrective action in a timely manner.
(g) Integrated Biometric Entry-Exit Screening System.--The
biometric entry and exit data system shall facilitate efficient
immigration benefits processing by--
(1) ensuring that the system's tracking capabilities encompass
data related to all immigration benefits processing, including--
(A) visa applications with the Department of State;
(B) immigration related filings with the Department of
Labor;
(C) cases pending before the Executive Office for
Immigration Review; and
(D) matters pending or under investigation before the
Department of Homeland Security;
(2) utilizing a biometric based identity number tied to an
applicant's biometric algorithm established under the entry and
exit data system to track all immigration related matters
concerning the applicant;
(3) providing that--
(A) all information about an applicant's immigration
related history, including entry and exit history, can be
queried through electronic means; and
(B) database access and usage guidelines include stringent
safeguards to prevent misuse of data;
(4) providing real-time updates to the information described in
paragraph (3)(A), including pertinent data from all agencies
referred to in paragraph (1); and
(5) providing continuing education in counterterrorism
techniques, tools, and methods for all Federal personnel employed
in the evaluation of immigration documents and immigration-related
policy.
(h) Entry-Exit System Goals.--The Department of Homeland Security
shall operate the biometric entry and exit system so that it--
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel with adequate
real-time information;
(4) ensures flexibility of training and security protocols to
most effectively comply with security mandates;
(5) integrates relevant databases and plans for database
modifications to address volume increase and database usage; and
(6) improves database search capacities by utilizing language
algorithms to detect alternate names.
(i) Dedicated Specialists and Front Line Personnel Training.--In
implementing the provisions of subsections (g) and (h), the Department
of Homeland Security and the Department of State shall--
(1) develop cross-training programs that focus on the scope and
procedures of the entry and exit data system;
(2) provide extensive community outreach and education on the
entry and exit data system's procedures;
(3) provide clear and consistent eligibility guidelines for
applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law to
improve adjudications at our ports of entry, consulates, and
embassies.
(j) Compliance Status Reports.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland Security, the
Secretary of State, the Attorney General, and the head of any other
department or agency subject to the requirements of this section, shall
issue individual status reports and a joint status report detailing the
compliance of the department or agency with each requirement under this
section.
(k) Expediting Registered Travelers Across International Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
(A) Expediting the travel of previously screened and known
travelers across the borders of the United States should be a
high priority.
(B) The process of expediting known travelers across the
borders of the United States can permit inspectors to better
focus on identifying terrorists attempting to enter the United
States.
(2) Definition.--In this subsection, the term ``registered
traveler program'' means any program designed to expedite the
travel of previously screened and known travelers across the
borders of the United States.
(3) Registered travel program.--
(A) In general.--As soon as is practicable, the Secretary
shall develop and implement a registered traveler program to
expedite the processing of registered travelers who enter and
exit the United States.
(B) Participation.--The registered traveler program shall
include as many participants as practicable by--
(i) minimizing the cost of enrollment;
(ii) making program enrollment convenient and easily
accessible; and
(iii) providing applicants with clear and consistent
eligibility guidelines.
(C) Integration.--The registered traveler program shall be
integrated into the automated biometric entry and exit data
system described in this section.
(D) Review and evaluation.--In developing the registered
traveler program, the Secretary shall--
(i) review existing programs or pilot projects designed
to expedite the travel of registered travelers across the
borders of the United States;
(ii) evaluate the effectiveness of the programs
described in clause (i), the costs associated with such
programs, and the costs to travelers to join such programs;
(iii) increase research and development efforts to
accelerate the development and implementation of a single
registered traveler program; and
(iv) review the feasibility of allowing participants to
enroll in the registered traveler program at consular
offices.
(4) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress a report
describing the Department's progress on the development and
implementation of the registered traveler program.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary, for each of the fiscal years 2005
through 2009, such sums as may be necessary to carry out the provisions
of this section.
SEC. 7209. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Existing procedures allow many individuals to enter the
United States by showing minimal identification or without showing
any identification.
(2) The planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United States
vulnerabilities.
(3) Additional safeguards are needed to ensure that terrorists
cannot enter the United States.
(b) Passports.--
(1) Development of plan.--The Secretary of Homeland Security,
in consultation with the Secretary of State, shall develop and
implement a plan as expeditiously as possible to require a passport
or other document, or combination of documents, deemed by the
Secretary of Homeland Security to be sufficient to denote identity
and citizenship, for all travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later
than January 1, 2008, and shall seek to expedite the travel of
frequent travelers, including those who reside in border
communities, and in doing so, shall make readily available a
registered traveler program (as described in section 7208(k)).
(2) Requirement to produce documentation.--The plan developed
under paragraph (1) shall require all United States citizens, and
categories of individuals for whom documentation requirements have
previously been waived under section 212(d)(4)(B) of such Act, to
carry and produce the documentation described in paragraph (1) when
traveling from foreign countries into the United States.
(c) Technical and Conforming Amendments.--After the complete
implementation of the plan described in subsection (b)--
(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section
212(d)(4)(B) of such Act to waive documentary requirements for
travel into the United States; and
(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or entering,
or attempting to depart from or enter, the United States except--
(A) where the Secretary of Homeland Security determines
that the alternative documentation that is the basis for the
waiver of the documentary requirement is sufficient to denote
identity and citizenship;
(B) in the case of an unforeseen emergency in individual
cases; or
(C) in the case of humanitarian or national interest
reasons in individual cases.
(d) Transit Without Visa Program.--The Secretary of State shall not
use any authorities granted under section 212(d)(4)(C) of such Act
until the Secretary, in conjunction with the Secretary of Homeland
Security, completely implements a security plan to fully ensure secure
transit passage areas to prevent aliens proceeding in immediate and
continuous transit through the United States from illegally entering
the United States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The exchange of terrorist information with other countries,
consistent with privacy requirements, along with listings of lost
and stolen passports, will have immediate security benefits.
(2) The further away from the borders of the United States that
screening occurs, the more security benefits the United States will
gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Government should exchange terrorist
information with trusted allies;
(2) the Federal Government should move toward real-time
verification of passports with issuing authorities;
(3) where practicable, the Federal Government should conduct
screening before a passenger departs on a flight destined for the
United States;
(4) the Federal Government should work with other countries to
ensure effective inspection regimes at all airports;
(5) the Federal Government should work with other countries to
improve passport standards and provide foreign assistance to
countries that need help making the transition to the global
standard for identification; and
(6) the Department of Homeland Security, in coordination with
the Department of State and other Federal agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the Secretary of
Homeland Security, working with other Federal agencies, shall
submit to the appropriate committees of Congress a report on
Federal efforts to collaborate with allies of the United States in
the exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such collaboration and
cooperation;
(B) progress made in screening passengers before their
departure to the United States; and
(C) efforts to work with other countries to accomplish the
goals described under this section.
(d) Preinspection at Foreign Airports.--
(1) In general.--Section 235A(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read as
follows:
``(4) Subject to paragraph (5), not later than January 1, 2008,
the Secretary of Homeland Security, in consultation with the
Secretary of State, shall establish preinspection stations in at
least 25 additional foreign airports, which the Secretary of
Homeland Security, in consultation with the Secretary of State,
determines, based on the data compiled under paragraph (3) and such
other information as may be available, would most effectively
facilitate the travel of admissible aliens and reduce the number of
inadmissible aliens, especially aliens who are potential
terrorists, who arrive from abroad by air at points of entry within
the United States. Such preinspection stations shall be in addition
to those established before September 30, 1996, or pursuant to
paragraph (1).''.
(2) Report.--Not later than June 30, 2006, the Secretary of
Homeland Security and the Secretary of State shall submit a report
on the progress being made in implementing the amendment made by
paragraph (1) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Foreign Relations of the Senate;
(D) the Committee on International Relations of the House
of Representatives;
(E) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(F) the Select Committee on Homeland Security of the House
of Representatives (or any successor committee).
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
(a) Definition.--In this section, the term ``birth certificate''
means a certificate of birth--
(1) for an individual (regardless of where born)--
(A) who is a citizen or national of the United States at
birth; and
(B) whose birth is registered in the United States; and
(2) that--
(A) is issued by a Federal, State, or local government
agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of record;
or
(B) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of record,
of an original certificate of birth issued by such agency or
custodian of record.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--Beginning 2 years after the promulgation of
minimum standards under paragraph (3), no Federal agency may accept
a birth certificate for any official purpose unless the certificate
conforms to such standards.
(2) State certification.--
(A) In general.--Each State shall certify to the Secretary
of Health and Human Services that the State is in compliance
with the requirements of this section.
(B) Frequency.--Certifications under subparagraph (A) shall
be made at such intervals and in such a manner as the Secretary
of Health and Human Services, with the concurrence of the
Secretary of Homeland Security and the Commissioner of Social
Security, may prescribe by regulation.
(C) Compliance.--Each State shall ensure that units of
local government and other authorized custodians of records in
the State comply with this section.
(D) Audits.--The Secretary of Health and Human Services may
conduct periodic audits of each State's compliance with the
requirements of this section.
(3) Minimum standards.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human Services
shall by regulation establish minimum standards for birth
certificates for use by Federal agencies for official purposes
that--
(A) at a minimum, shall require certification of the birth
certificate by the State or local government custodian of
record that issued the certificate, and shall require the use
of safety paper or an alternative, equally secure medium, the
seal of the issuing custodian of record, and other features
designed to prevent tampering, counterfeiting, or otherwise
duplicating the birth certificate for fraudulent purposes;
(B) shall establish requirements for proof and verification
of identity as a condition of issuance of a birth certificate,
with additional security measures for the issuance of a birth
certificate for a person who is not the applicant;
(C) shall establish standards for the processing of birth
certificate applications to prevent fraud;
(D) may not require a single design to which birth
certificates issued by all States must conform; and
(E) shall accommodate the differences between the States in
the manner and form in which birth records are stored and birth
certificates are produced from such records.
(4) Consultation with government agencies.--In promulgating the
standards required under paragraph (3), the Secretary of Health and
Human Services shall consult with--
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
(5) Extension of effective date.--The Secretary of Health and
Human Services may extend the date specified under paragraph (1)
for up to 2 years for birth certificates issued by a State if the
Secretary determines that the State made reasonable efforts to
comply with the date under paragraph (1) but was unable to do so.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--
(A) In general.--Beginning on the date a final regulation
is promulgated under subsection (b)(3), the Secretary of Health
and Human Services shall award grants to States to assist them
in conforming to the minimum standards for birth certificates
set forth in the regulation.
(B) Allocation of grants.--The Secretary shall award grants
to States under this paragraph based on the proportion that the
estimated average annual number of birth certificates issued by
a State applying for a grant bears to the estimated average
annual number of birth certificates issued by all States.
(C) Minimum allocation.--Notwithstanding subparagraph (B),
each State shall receive not less than 0.5 percent of the grant
funds made available under this paragraph.
(2) Assistance in matching birth and death records.--
(A) In general.--The Secretary of Health and Human
Services, in coordination with the Commissioner of Social
Security and other appropriate Federal agencies, shall award
grants to States, under criteria established by the Secretary,
to assist States in--
(i) computerizing their birth and death records;
(ii) developing the capability to match birth and death
records within each State and among the States; and
(iii) noting the fact of death on the birth
certificates of deceased persons.
(B) Allocation of grants.--The Secretary shall award grants
to qualifying States under this paragraph based on the
proportion that the estimated annual average number of birth
and death records created by a State applying for a grant bears
to the estimated annual average number of birth and death
records originated by all States.
(C) Minimum allocation.--Notwithstanding subparagraph (B),
each State shall receive not less than 0.5 percent of the grant
funds made available under this paragraph.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this section.
(e) Technical and Conforming Amendment.--Section 656 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (5 U.S.C.
301 note) is repealed.
SEC. 7212. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
(a) Definitions.--In this section:
(1) Driver's license.--The term ``driver's license'' means a
motor vehicle operator's license as defined in section 30301(5) of
title 49, United States Code.
(2) Personal identification card.--The term ``personal
identification card'' means an identification document (as defined
in section 1028(d)(3) of title 18, United States Code) issued by a
State.
(b) Standards for Acceptance by Federal Agencies.--
(1) In general.--
(A) Limitation on acceptance.--No Federal agency may
accept, for any official purpose, a driver's license or
personal identification card newly issued by a State more than
2 years after the promulgation of the minimum standards under
paragraph (2) unless the driver's license or personal
identification card conforms to such minimum standards.
(B) Date for conformance.--The Secretary of Transportation,
in consultation with the Secretary of Homeland Security, shall
establish a date after which no driver's license or personal
identification card shall be accepted by a Federal agency for
any official purpose unless such driver's license or personal
identification card conforms to the minimum standards
established under paragraph (2). The date shall be as early as
the Secretary determines it is practicable for the States to
comply with such date with reasonable efforts.
(C) State certification.--
(i) In general.--Each State shall certify to the
Secretary of Transportation that the State is in compliance
with the requirements of this section.
(ii) Frequency.--Certifications under clause (i) shall
be made at such intervals and in such a manner as the
Secretary of Transportation, with the concurrence of the
Secretary of Homeland Security, may prescribe by
regulation.
(iii) Audits.--The Secretary of Transportation may
conduct periodic audits of each State's compliance with the
requirements of this section.
(2) Minimum standards.--Not later than 18 months after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall by
regulation, establish minimum standards for driver's licenses or
personal identification cards issued by a State for use by Federal
agencies for identification purposes that shall include--
(A) standards for documentation required as proof of
identity of an applicant for a driver's license or personal
identification card;
(B) standards for the verifiability of documents used to
obtain a driver's license or personal identification card;
(C) standards for the processing of applications for
driver's licenses and personal identification cards to prevent
fraud;
(D) standards for information to be included on each
driver's license or personal identification card, including--
(i) the person's full legal name;
(ii) the person's date of birth;
(iii) the person's gender;
(iv) the person's driver's license or personal
identification card number;
(v) a digital photograph of the person;
(vi) the person's address of principal residence; and
(vii) the person's signature;
(E) standards for common machine-readable identity
information to be included on each driver's license or personal
identification card, including defined minimum data elements;
(F) security standards to ensure that driver's licenses and
personal identification cards are--
(i) resistant to tampering, alteration, or
counterfeiting; and
(ii) capable of accommodating and ensuring the security
of a digital photograph or other unique identifier; and
(G) a requirement that a State confiscate a driver's
license or personal identification card if any component or
security feature of the license or identification card is
compromised.
(3) Content of regulations.--The regulations required by
paragraph (2)--
(A) shall facilitate communication between the chief driver
licensing official of a State, an appropriate official of a
Federal agency and other relevant officials, to verify the
authenticity of documents, as appropriate, issued by such
Federal agency or entity and presented to prove the identity of
an individual;
(B) may not infringe on a State's power to set criteria
concerning what categories of individuals are eligible to
obtain a driver's license or personal identification card from
that State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with the
full enforcement of State criteria concerning the categories of
individuals that are eligible to obtain a driver's license or
personal identification card from that State;
(D) may not require a single design to which driver's
licenses or personal identification cards issued by all States
must conform; and
(E) shall include procedures and requirements to protect
the privacy rights of individuals who apply for and hold
driver's licenses and personal identification cards.
(4) Negotiated rulemaking.--
(A) In general.--Before publishing the proposed regulations
required by paragraph (2) to carry out this title, the
Secretary of Transportation shall establish a negotiated
rulemaking process pursuant to subchapter IV of chapter 5 of
title 5, United States Code (5 U.S.C. 561 et seq.).
(B) Representation on negotiated rulemaking committee.--Any
negotiated rulemaking committee established by the Secretary of
Transportation pursuant to subparagraph (A) shall include
representatives from--
(i) among State offices that issue driver's licenses or
personal identification cards;
(ii) among State elected officials;
(iii) the Department of Homeland Security; and
(iv) among interested parties.
(C) Time requirement.--The process described in
subparagraph (A) shall be conducted in a timely manner to
ensure that--
(i) any recommendation for a proposed rule or report is
provided to the Secretary of Transportation not later than
9 months after the date of enactment of this Act and shall
include an assessment of the benefits and costs of the
recommendation; and
(ii) a final rule is promulgated not later than 18
months after the date of enactment of this Act.
(c) Grants to States.--
(1) Assistance in meeting federal standards.--Beginning on the
date a final regulation is promulgated under subsection (b)(2), the
Secretary of Transportation shall award grants to States to assist
them in conforming to the minimum standards for driver's licenses
and personal identification cards set forth in the regulation.
(2) Allocation of grants.--The Secretary of Transportation
shall award grants to States under this subsection based on the
proportion that the estimated average annual number of driver's
licenses and personal identification cards issued by a State
applying for a grant bears to the average annual number of such
documents issued by all States.
(3) Minimum allocation.--Notwithstanding paragraph (2), each
State shall receive not less than 0.5 percent of the grant funds
made available under this subsection.
(d) Extension of Effective Date.--The Secretary of Transportation
may extend the date specified under subsection (b)(1)(A) for up to 2
years for driver's licenses issued by a State if the Secretary
determines that the State made reasonable efforts to comply with the
date under such subsection but was unable to do so.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for each of the fiscal
years 2005 through 2009, such sums as may be necessary to carry out
this section.
SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS.
(a) Security Enhancements.--The Commissioner of Social Security
shall--
(1) not later than 1 year after the date of enactment of this
Act--
(A) restrict the issuance of multiple replacement social
security cards to any individual to 3 per year and 10 for the
life of the individual, except that the Commissioner may allow
for reasonable exceptions from the limits under this paragraph
on a case-by-case basis in compelling circumstances;
(B) establish minimum standards for the verification of
documents or records submitted by an individual to establish
eligibility for an original or replacement social security
card, other than for purposes of enumeration at birth; and
(C) require independent verification of any birth record
submitted by an individual to establish eligibility for a
social security account number, other than for purposes of
enumeration at birth, except that the Commissioner may allow
for reasonable exceptions from the requirement for independent
verification under this subparagraph on a case by case basis in
compelling circumstances; and
(2) notwithstanding section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) and any agreement entered into thereunder, not
later than 18 months after the date of enactment of this Act with
respect to death indicators and not later than 36 months after the
date of enactment of this Act with respect to fraud indicators, add
death and fraud indicators to the social security number
verification systems for employers, State agencies issuing driver's
licenses and identity cards, and other verification routines that
the Commissioner determines to be appropriate.
(b) Interagency Security Task Force.--The Commissioner of Social
Security, in consultation with the Secretary of Homeland Security,
shall form an interagency task force for the purpose of further
improving the security of social security cards and numbers. Not later
than 18 months after the date of enactment of this Act, the task force
shall establish, and the Commissioner shall provide for the
implementation of, security requirements, including--
(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the
issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent use
or issuance of social security numbers and cards.
(c) Enumeration at Birth.--
(1) Improvement of application process.--As soon as practicable
after the date of enactment of this Act, the Commissioner of Social
Security shall undertake to make improvements to the enumeration at
birth program for the issuance of social security account numbers
to newborns. Such improvements shall be designed to prevent--
(A) the assignment of social security account numbers to
unnamed children;
(B) the issuance of more than 1 social security account
number to the same child; and
(C) other opportunities for fraudulently obtaining a social
security account number.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Commissioner shall transmit to each
House of Congress a report specifying in detail the extent to which
the improvements required under paragraph (1) have been made.
(d) Study Regarding Process for Enumeration at Birth.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commissioner of Social Security shall
conduct a study to determine the most efficient options for
ensuring the integrity of the process for enumeration at birth.
This study shall include an examination of available methods for
reconciling hospital birth records with birth registrations
submitted to agencies of States and political subdivisions thereof
and with information provided to the Commissioner as part of the
process for enumeration at birth.
(2) Report.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act, the Commissioner shall submit a report
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
regarding the results of the study conducted under paragraph
(1).
(B) Contents.--The report submitted under subparagraph (A)
shall contain such recommendations for legislative changes as
the Commissioner considers necessary to implement needed
improvements in the process for enumeration at birth.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner of Social Security for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT
NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) In General.--Section 205(c)(2)(C)(vi) of the Social Security
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting ``(I)'' after ``(vi)''; and
(2) by adding at the end the following new subclause:
``(II) Any State or political subdivision thereof (and any person
acting as an agent of such an agency or instrumentality), in the
administration of any driver's license or motor vehicle registration
law within its jurisdiction, may not display a social security account
number issued by the Commissioner of Social Security (or any derivative
of such number) on any driver's license, motor vehicle registration, or
personal identification card (as defined in section 7212(a)(2) of the
9/11 Commission Implementation Act of 2004), or include, on any such
license, registration, or personal identification card, a magnetic
strip, bar code, or other means of communication which conveys such
number (or derivative thereof).''.
(b) Effective Date.--The amendment made by subsection (a)(2) shall
apply with respect to licenses, registrations, and identification cards
issued or reissued 1 year after the date of enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner of Social Security for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.
SEC. 7215. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with the
Director of the National Counterterrorism Center, and consistent with
the strategy developed under section 7201, shall establish a program to
oversee the implementation of the Department's responsibilities with
respect to terrorist travel, including the analysis, coordination, and
dissemination of terrorist travel intelligence and operational
information--
(1) among appropriate subdivisions of the Department of
Homeland Security, including--
(A) the Bureau of Customs and Border Protection;
(B) United States Immigration and Customs Enforcement;
(C) United States Citizenship and Immigration Services;
(D) the Transportation Security Administration; and
(E) any other subdivision, as determined by the Secretary;
and
(2) between the Department of Homeland Security and other
appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
Section 1028(b)(4) of title 18, United States Code, is amended by
striking ``25 years'' and inserting ``30 years''.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) In General.--Not later than May 31, 2005, the Secretary of
State, in consultation with the Secretary of Homeland Security, shall
submit a report, containing the results of a study on the subjects
described in subsection (b), to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on International Relations of the House of
Representatives;
(5) the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(6) the Select Committee on Homeland Security of the House of
Representatives (or any successor committee).
(b) Contents.--The study referred to in subsection (a) shall
examine the feasibility, cost, potential benefits, and relative
importance to the objectives of tracking suspected terrorists' travel,
and apprehending suspected terrorists, of establishing a system, in
coordination with other countries, through which border and visa
issuance officials have access in real-time to information on newly
issued passports to persons whose previous passports were allegedly
lost or stolen.
(c) Incentives.--The study described in subsection (b) shall make
recommendations on incentives that might be offered to encourage
foreign nations to participate in the initiatives described in
subsection (b).
SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE
DEPARTMENT OF STATE.
(a) Establishment.--There is established, within the Bureau of
Diplomatic Security of the Department of State, the Visa and Passport
Security Program (in this section referred to as the ``Program'').
(b) Preparation of Strategic Plan.--
(1) In general.--The Assistant Secretary for Diplomatic
Security, in coordination with the appropriate officials of the
Bureau of Consular Affairs, the coordinator for counterterrorism,
the National Counterterrorism Center, and the Department of
Homeland Security, and consistent with the strategy mandated by
section 7201, shall ensure the preparation of a strategic plan to
target and disrupt individuals and organizations, within the United
States and in foreign countries, that are involved in the
fraudulent production, distribution, use, or other similar
activity--
(A) of a United States visa or United States passport;
(B) of documents intended to help fraudulently procure a
United States visa or United States passport, or other
documents intended to gain unlawful entry into the United
States; or
(C) of passports and visas issued by foreign countries
intended to gain unlawful entry into the United States.
(2) Emphasis.--The strategic plan shall--
(A) focus particular emphasis on individuals and
organizations that may have links to domestic terrorist
organizations or foreign terrorist organizations (as such term
is defined in section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189));
(B) require the development of a strategic training course
under the Antiterrorism Assistance Training (ATA) program of
the Department of State (or any successor or related program)
under chapter 8 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions
of law) to train participants in the identification of
fraudulent documents and the forensic detection of such
documents which may be used to obtain unlawful entry into the
United States; and
(C) determine the benefits and costs of providing technical
assistance to foreign governments to ensure the security of
passports, visas, and related documents and to investigate,
arrest, and prosecute individuals who facilitate travel by the
creation of false passports and visas, documents to obtain such
passports and visas, and other types of travel documents.
(c) Program.--
(1) Individual in charge.--
(A) Designation.--The Assistant Secretary for Diplomatic
Security shall designate an individual to be in charge of the
Program.
(B) Qualification.--The individual designated under
subparagraph (A) shall have expertise and experience in the
investigation and prosecution of visa and passport fraud.
(2) Program components.--The Program shall include the
following:
(A) Analysis of methods.--Analyze, in coordination with
other appropriate government agencies, methods used by
terrorists to travel internationally, particularly the use of
false or altered travel documents to illegally enter foreign
countries and the United States, and consult with the Bureau of
Consular Affairs and the Secretary of Homeland Security on
recommended changes to the visa issuance process that could
combat such methods, including the introduction of new
technologies into such process.
(B) Identification of individuals and documents.--Identify,
in cooperation with the Human Trafficking and Smuggling Center,
individuals who facilitate travel by the creation of false
passports and visas, documents used to obtain such passports
and visas, and other types of travel documents, and ensure that
the appropriate agency is notified for further investigation
and prosecution or, in the case of such individuals abroad for
which no further investigation or prosecution is initiated,
ensure that all appropriate information is shared with foreign
governments in order to facilitate investigation, arrest, and
prosecution of such individuals.
(C) Identification of foreign countries needing
assistance.--Identify foreign countries that need technical
assistance, such as law reform, administrative reform,
prosecutorial training, or assistance to police and other
investigative services, to ensure passport, visa, and related
document security and to investigate, arrest, and prosecute
individuals who facilitate travel by the creation of false
passports and visas, documents used to obtain such passports
and visas, and other types of travel documents.
(D) Inspection of applications.--Randomly inspect visa and
passport applications for accuracy, efficiency, and fraud,
especially at high terrorist threat posts, in order to prevent
a recurrence of the issuance of visas to those who submit
incomplete, fraudulent, or otherwise irregular or incomplete
applications.
(d) Report.--Not later than 90 days after the date on which the
strategy required under section 7201 is submitted to Congress, the
Assistant Secretary for Diplomatic Security shall submit to Congress a
report containing--
(1) a description of the strategic plan prepared under
subsection (b); and
(2) an evaluation of the feasibility of establishing civil
service positions in field offices of the Bureau of Diplomatic
Security to investigate visa and passport fraud, including an
evaluation of whether to allow diplomatic security agents to
convert to civil service officers to fill such positions.
SEC. 7219. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
SEC. 7220. IDENTIFICATION STANDARDS.
(a) Proposed Standards.--
(1) In general.--The Secretary of Homeland Security--
(A) shall propose minimum standards for identification
documents required of domestic commercial airline passengers
for boarding an aircraft; and
(B) may, from time to time, propose minimum standards
amending or replacing standards previously proposed and
transmitted to Congress and approved under this section.
(2) Submission to congress.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall submit the
standards under paragraph (1)(A) to the Senate and the House of
Representatives on the same day while each House is in session.
(3) Effective date.--Any proposed standards submitted to
Congress under this subsection shall take effect when an approval
resolution is passed by the House and the Senate under the
procedures described in subsection (b) and becomes law.
(b) Congressional Approval Procedures.--
(1) Rulemaking power.--This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they are deemed a part of the rules of each House,
respectively, but applicable only with respect to the procedure
to be followed in that House in the case of such approval
resolutions; and it supersedes other rules only to the extent
that they are inconsistent therewith; and
(B) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
(2) Approval resolution.--For the purpose of this subsection,
the term ``approval resolution'' means a joint resolution of
Congress, the matter after the resolving clause of which is as
follows: ``That the Congress approves the proposed standards issued
under section 7220 of the 9/11 Commission Implementation Act of
2004, transmitted by the President to the Congress on ______'', the
blank space being filled in with the appropriate date.
(3) Introduction.--Not later than the first day of session
following the day on which proposed standards are transmitted to
the House of Representatives and the Senate under subsection (a),
an approval resolution--
(A) shall be introduced (by request) in the House by the
Majority Leader of the House of Representatives, for himself or
herself and the Minority Leader of the House of
Representatives, or by Members of the House of Representatives
designated by the Majority Leader and Minority Leader of the
House; and
(B) shall be introduced (by request) in the Senate by the
Majority Leader of the Senate, for himself or herself and the
Minority Leader of the Senate, or by Members of the Senate
designated by the Majority Leader and Minority Leader of the
Senate.
(4) Prohibitions.--
(A) Amendments.--No amendment to an approval resolution
shall be in order in either the House of Representatives or the
Senate.
(B) Motions to suspend.--No motion to suspend the
application of this paragraph shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this paragraph by unanimous consent.
(5) Referral.--
(A) In general.--An approval resolution shall be referred
to the committees of the House of Representatives and of the
Senate with jurisdiction. Each committee shall make its
recommendations to the House of Representatives or the Senate,
as the case may be, within 45 days after its introduction.
Except as provided in subparagraph (B), if a committee to which
an approval resolution has been referred has not reported it at
the close of the 45th day after its introduction, such
committee shall be automatically discharged from further
consideration of the resolution and it shall be placed on the
appropriate calendar.
(B) Final passage.--A vote on final passage of the
resolution shall be taken in each House on or before the close
of the 15th day after the resolution is reported by the
committee or committees of that House to which it was referred,
or after such committee or committees have been discharged from
further consideration of the resolution.
(C) Computation of days.--For purposes of this paragraph,
in computing a number of days in either House, there shall be
excluded any day on which that House is not in session.
(6) Coordination with action of other house.--If prior to the
passage by one House of an approval resolution of that House, that
House receives the same approval resolution from the other House,
then the procedure in that House shall be the same as if no
approval resolution has been received from the other House, but the
vote on final passage shall be on the approval resolution of the
other House.
(7) Floor consideration in the house of representatives.--
(A) Motion to proceed.--A motion in the House of
Representatives to proceed to the consideration of an approval
resolution shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, not shall it be
in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) Debate.--Debate in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 4 hours, which shall be divided equally between
those favoring and those opposing the resolution. A motion to
further limit debate shall not be debatable. It shall not be in
order to move to recommit an approval resolution or to move to
reconsider the vote by which an approval resolution is agreed
to or disagreed to.
(C) Motion to postpone.--Motions to postpone made in the
House of Representatives with respect to the consideration of
an approval resolution and motions to proceed to the
consideration of other business shall be decided without
debate.
(D) Appeals.--All appeals from the decisions of the Chair
relating to the application of the Rules of the House of
Representatives to the procedure relating to an approval
resolution shall be decided without debate.
(E) Rules of the house of representatives.--Except to the
extent specifically provided in subparagraphs (A) through (D),
consideration of an approval resolution shall be governed by
the Rules of the House of Representatives applicable to other
resolutions in similar circumstances.
(8) Floor consideration in the Senate.--
(A) Motion to proceed.--A motion in the Senate to proceed
to the consideration of an approval resolution shall be
privileged and not debatable. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(B) Debate on resolution.--Debate in the Senate on an
approval resolution, and appeals in connection therewith, shall
be limited to not more than 10 hours, which shall be equally
divided between, and controlled by, the Majority Leader and the
Minority Leader, or their designees.
(C) Debate on motions and appeals.--Debate in the Senate on
any debatable motion or appeal in connection with an approval
resolution shall be limited to not more than 1 hour, which
shall be equally divided between, and controlled by, the mover
and the manager of the resolution, except that in the event the
manager of the resolution is in favor of any such motion or
appeal, the time in opposition thereto, shall be controlled by
the Minority Leader or designee. Such leaders, or either of
them, may, from time under their control on the passage of an
approval resolution, allot additional time to any Senator
during the consideration of any debatable motion or appeal.
(D) Limit on debate.--A motion in the Senate to further
limit debate is not debatable. A motion to recommit an approval
resolution is not in order.
(c) Default Standards.--
(1) In general.--If the standards proposed under subsection
(a)(1)(A) are not approved pursuant to the procedures described in
subsection (b), then not later than 1 year after rejection by a
vote of either House of Congress, domestic commercial airline
passengers seeking to board an aircraft shall present, for
identification purposes--
(A) a valid, unexpired passport;
(B) domestically issued documents that the Secretary of
Homeland Security designates as reliable for identification
purposes;
(C) any document issued by the Attorney General or the
Secretary of Homeland Security under the authority of 1 of the
immigration laws (as defined under section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); or
(D) a document issued by the country of nationality of any
alien not required to possess a passport for admission to the
United States that the Secretary designates as reliable for
identifications purposes
(2) Exception.--The documentary requirements described in
paragraph (1)--
(A) shall not apply to individuals below the age of 17, or
such other age as determined by the Secretary of Homeland
Security;
(B) may be waived by the Secretary of Homeland Security in
the case of an unforeseen medical emergency.
(d) Recommendation to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland Security shall
recommend to Congress--
(1) categories of Federal facilities that the Secretary
determines to be at risk for terrorist attack and requiring minimum
identification standards for access to such facilities; and
(2) appropriate minimum identification standards to gain access
to those facilities.
Subtitle C--National Preparedness
SEC. 7301. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The attacks on September 11, 2001, demonstrated that even
the most robust emergency response capabilities can be overwhelmed
if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist attack.
(3) Key decisionmakers who are represented at the incident
command level help to ensure an effective response, the efficient
use of resources, and responder safety.
(4) The incident command system also enables emergency managers
and first responders to manage, generate, receive, evaluate, share,
and use information.
(5) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(6) In Homeland Security Presidential Directive 5, the
President directed the Secretary of Homeland Security to develop an
incident command system, to be known as the National Incident
Management System (NIMS), and directed all Federal agencies to make
the adoption of NIMS a condition for the receipt of Federal
emergency preparedness assistance by States, territories, tribes,
and local governments beginning in fiscal year 2005.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States needs to implement the recommendations of
the National Commission on Terrorist Attacks Upon the United States
by adopting a unified incident command system and significantly
enhancing communications connectivity between and among all levels
of government agencies, emergency response providers (as defined in
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), and
other organizations with emergency response capabilities;
(2) the unified incident command system should enable emergency
managers and first responders to manage, generate, receive,
evaluate, share, and use information in the event of a terrorist
attack or a significant national disaster;
(3) emergency response agencies nationwide should adopt the
Incident Command System known as NIMS;
(4) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system based on
NIMS;
(5) the regular use of, and training in, NIMS by States and, to
the extent practicable, territories, tribes, and local governments,
should be a condition for receiving Federal preparedness
assistance; and
(6) the Secretary of Homeland Security should require, as a
further condition of receiving homeland security preparedness funds
from the Office of State and Local Government Coordination and
Preparedness, that grant applicants document measures taken to
fully and aggressively implement the Incident Command System and
unified command procedures.
SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--The
term ``authorized representative of the Federal Government'' means
any individual or individuals designated by the President with
respect to the executive branch, the Chief Justice with respect to
the Federal judiciary, or the President of the Senate and Speaker
of the House of Representatives with respect to Congress, or their
designees, to request assistance under a mutual aid agreement for
an emergency or public service event.
(2) Chief operating officer.--The term ``chief operating
officer'' means the official designated by law to declare an
emergency in and for the locality of that chief operating officer.
(3) Emergency.--The term ``emergency'' means a major disaster
or emergency declared by the President, or a state of emergency
declared by the mayor of the District of Columbia, the Governor of
the State of Maryland or the Commonwealth of Virginia, or the
declaration of a local emergency by the chief operating officer of
a locality, or their designees, that triggers mutual aid under the
terms of a mutual aid agreement.
(4) Employee.--The term ``employee'' means the employees of the
party, including its agents or authorized volunteers, who are
committed in a mutual aid agreement to prepare for or who respond
to an emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city, or
town within the State of Maryland or the Commonwealth of Virginia
and within the National Capital Region.
(6) Mutual aid agreement.--The term ``mutual aid agreement''
means an agreement, authorized under subsection (b), for the
provision of police, fire, rescue and other public safety and
health or medical services to any party to the agreement during a
public service event, an emergency, or pre-planned training event.
(7) National capital region or region.--The term ``National
Capital Region'' or ``Region'' means the area defined under section
2674(f)(2) of title 10, United States Code, and those counties with
a border abutting that area and any municipalities therein.
(8) Party.--The term ``party'' means the State of Maryland, the
Commonwealth of Virginia, the District of Columbia, and any of the
localities duly executing a Mutual Aid Agreement under this
section.
(9) Public service event.--The term ``public service event''--
(A) means any undeclared emergency, incident or situation
in preparation for or response to which the mayor of the
District of Columbia, an authorized representative of the
Federal Government, the Governor of the State of Maryland, the
Governor of the Commonwealth of Virginia, or the chief
operating officer of a locality in the National Capital Region,
or their designees, requests or provides assistance under a
Mutual Aid Agreement within the National Capital Region; and
(B) includes Presidential inaugurations, public gatherings,
demonstrations and protests, and law enforcement, fire, rescue,
emergency health and medical services, transportation,
communications, public works and engineering, mass care, and
other support that require human resources, equipment,
facilities or services supplemental to or greater than the
requesting jurisdiction can provide.
(10) State.--The term ``State'' means the State of Maryland,
the Commonwealth of Virginia, and the District of Columbia.
(11) Training.--The term ``training'' means emergency and
public service event-related exercises, testing, or other
activities using equipment and personnel to simulate performance of
any aspect of the giving or receiving of aid by National Capital
Region jurisdictions during emergencies or public service events,
such actions occurring outside actual emergency or public service
event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The mayor of the District of Columbia, any
authorized representative of the Federal Government, the Governor
of the State of Maryland, the Governor of the Commonwealth of
Virginia, or the chief operating officer of a locality, or their
designees, acting within his or her jurisdictional purview, may, in
accordance with State law, enter into, request or provide
assistance under mutual aid agreements with localities, the
Washington Metropolitan Area Transit Authority, the Metropolitan
Washington Airports Authority, and any other governmental agency or
authority for--
(A) law enforcement, fire, rescue, emergency health and
medical services, transportation, communications, public works
and engineering, mass care, and resource support in an
emergency or public service event;
(B) preparing for, mitigating, managing, responding to or
recovering from any emergency or public service event; and
(C) training for any of the activities described under
subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the
Commonwealth of Virginia are encouraged to facilitate the ability
of localities to enter into interstate mutual aid agreements in the
National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security operations
at special events of national significance under section
3056(e) of title 18, United States Code, or other law
enforcement functions of the United States Secret Service;
(B) does not diminish any authorities, express or implied,
of Federal agencies to enter into mutual aid agreements in
furtherance of their Federal missions; and
(C) does not--
(i) preclude any party from entering into supplementary
Mutual Aid Agreements with fewer than all the parties, or
with another party; or
(ii) affect any other agreement in effect before the
date of enactment of this Act among the States and
localities, including the Emergency Management Assistance
Compact.
(4) Rights described.--Other than as described in this section,
the rights and responsibilities of the parties to a mutual aid
agreement entered into under this section shall be as described in
the mutual aid agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase
liability and indemnification insurance or become self insured
against claims arising under a mutual aid agreement authorized
under this section.
(2) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out
paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or
employees rendering aid or failing to render aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a mutual aid
agreement authorized under this section, and any party or its
officers or employees engaged in training activities with another
party under such a mutual aid agreement, shall be liable on account
of any act or omission of its officers or employees while so
engaged or on account of the maintenance or use of any related
equipment, facilities, or supplies, but only to the extent
permitted under the laws and procedures of the State of the party
rendering aid.
(2) Actions.--Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of Virginia, or
a locality, or failure to render such aid or on account of the
maintenance or use of any related equipment, facilities, or
supplies may be brought only under the laws and procedures of the
State of the party rendering aid and only in the Federal or State
courts located therein. Actions against the United States under
this section may be brought only in Federal courts.
(3) Immunities.--This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(e) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment of
compensation and death benefits to injured members of the emergency
forces of that party and representatives of deceased members of
such forces if such members sustain injuries or are killed while
rendering aid to the District of Columbia, the Federal Government,
the State of Maryland, the Commonwealth of Virginia, or a locality,
under a mutual aid agreement, or engaged in training activities
under a mutual aid agreement, in the same manner and on the same
terms as if the injury or death were sustained within their own
jurisdiction.
(2) Other state law.--No party shall be liable under the law of
any State other than its own for providing for the payment of
compensation and death benefits to injured members of the emergency
forces of that party and representatives of deceased members of
such forces if such members sustain injuries or are killed while
rendering aid to the District of Columbia, the Federal Government,
the State of Maryland, the Commonwealth of Virginia, or a locality,
under a mutual aid agreement or engaged in training activities
under a mutual aid agreement.
(f) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party evidencing
the meeting of qualifications for professional, mechanical, or other
skills and assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted by the
receiving jurisdiction to render aid involving such skill to meet a
public service event, emergency or training for any such events.
SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS
INTEROPERABILITY.
(a) Coordination of Public Safety Interoperable Communications
Programs.--
(1) Program.--The Secretary of Homeland Security, in
consultation with the Secretary of Commerce and the Chairman of the
Federal Communications Commission, shall establish a program to
enhance public safety interoperable communications at all levels of
government. Such program shall--
(A) establish a comprehensive national approach to
achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying out
subparagraph (A);
(C) develop, in consultation with other appropriate Federal
agencies and State and local authorities, appropriate minimum
capabilities for communications interoperability for Federal,
State, and local public safety agencies;
(D) accelerate, in consultation with other Federal
agencies, including the National Institute of Standards and
Technology, the private sector, and nationally recognized
standards organizations as appropriate, the development of
national voluntary consensus standards for public safety
interoperable communications, recognizing--
(i) the value, life cycle, and technical capabilities
of existing communications infrastructure;
(ii) the need for cross-border interoperability between
States and nations;
(iii) the unique needs of small, rural communities; and
(iv) the interoperability needs for daily operations
and catastrophic events;
(E) encourage the development and implementation of
flexible and open architectures incorporating, where possible,
technologies that currently are commercially available, with
appropriate levels of security, for short-term and long-term
solutions to public safety communications interoperability;
(F) assist other Federal agencies in identifying priorities
for research, development, and testing and evaluation with
regard to public safety interoperable communications;
(G) identify priorities within the Department of Homeland
Security for research, development, and testing and evaluation
with regard to public safety interoperable communications;
(H) establish coordinated guidance for Federal grant
programs for public safety interoperable communications;
(I) provide technical assistance to State and local public
safety agencies regarding planning, acquisition strategies,
interoperability architectures, training, and other functions
necessary to achieve public safety communications
interoperability;
(J) develop and disseminate best practices to improve
public safety communications interoperability; and
(K) develop appropriate performance measures and milestones
to systematically measure the Nation's progress toward
achieving public safety communications interoperability,
including the development of national voluntary consensus
standards.
(2) Office for interoperability and compatibility.--
(A) Establishment of office.--The Secretary may establish
an Office for Interoperability and Compatibility within the
Directorate of Science and Technology to carry out this
subsection.
(B) Functions.--If the Secretary establishes such office,
the Secretary shall, through such office--
(i) carry out Department of Homeland Security
responsibilities and authorities relating to the SAFECOM
Program; and
(ii) carry out section 510 of the Homeland Security Act
of 2002, as added by subsection (d).
(3) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary to carry out this subsection--
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary shall report to the Congress on Department of
Homeland Security plans for accelerating the development of national
voluntary consensus standards for public safety interoperable
communications, a schedule of milestones for such development, and
achievements of such development.
(c) International Interoperability.--Not later than 18 months after
the date of enactment of this Act, the President shall establish a
mechanism for coordinating cross-border interoperability issues
between--
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) High Risk Area Communications Capabilities.--Title V of the
Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by
adding at the end the following:
``SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
``(a) In General.--The Secretary, in consultation with the Federal
Communications Commission and the Secretary of Defense, and with
appropriate governors, mayors, and other State and local government
officials, shall provide technical guidance, training, and other
assistance, as appropriate, to support the rapid establishment of
consistent, secure, and effective interoperable communications
capabilities in the event of an emergency in urban and other areas
determined by the Secretary to be at consistently high levels of risk
from terrorist attack.
``(b) Minimum Capabilities.--The interoperable communications
capabilities established under subsection (a) shall ensure the ability
of all levels of government agencies, emergency response providers (as
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)), and other organizations with emergency response capabilities--
``(1) to communicate with each other in the event of an
emergency; and
``(2) to have appropriate and timely access to the Information
Sharing Environment described in section 1016 of the National
Security Intelligence Reform Act of 2004.''.
(e) Multiyear Interoperability Grants.--
(1) Multiyear commitments.--In awarding grants to any State,
region, local government, or Indian tribe for the purposes of
enhancing interoperable communications capabilities for emergency
response providers, the Secretary may commit to obligate Federal
assistance beyond the current fiscal year, subject to the
limitations and restrictions in this subsection.
(2) Restrictions.--
(A) Time limit.--No multiyear interoperability commitment
may exceed 3 years in duration.
(B) Amount of committed funds.--The total amount of
assistance the Secretary has committed to obligate for any
future fiscal year under paragraph (1) may not exceed
$150,000,000.
(3) Letters of intent.--
(A) Issuance.--Pursuant to paragraph (1), the Secretary may
issue a letter of intent to an applicant committing to obligate
from future budget authority an amount, not more than the
Federal Government's share of the project's cost, for an
interoperability communications project (including interest
costs and costs of formulating the project).
(B) Schedule.--A letter of intent under this paragraph
shall establish a schedule under which the Secretary will
reimburse the applicant for the Federal Government's share of
the project's costs, as amounts become available, if the
applicant, after the Secretary issues the letter, carries out
the project before receiving amounts under a grant issued by
the Secretary.
(C) Notice to secretary.--An applicant that is issued a
letter of intent under this subsection shall notify the
Secretary of the applicant's intent to carry out a project
pursuant to the letter before the project begins.
(D) Notice to congress.--The Secretary shall transmit a
written notification to the Congress no later than 3 days
before the issuance of a letter of intent under this section.
(E) Limitations.--A letter of intent issued under this
section is not an obligation of the Government under section
1501 of title 31, United States Code, and is not deemed to be
an administrative commitment for financing. An obligation or
administrative commitment may be made only as amounts are
provided in authorization and appropriations laws.
(F) Statutory construction.--Nothing in this subsection
shall be construed--
(i) to prohibit the obligation of amounts pursuant to a
letter of intent under this subsection in the same fiscal
year as the letter of intent is issued; or
(ii) to apply to, or replace, Federal assistance
intended for interoperable communications that is not
provided pursuant to a commitment under this subsection.
(f) Interoperable Communications Plans.--Any applicant requesting
funding assistance from the Secretary for interoperable communications
for emergency response providers shall submit an Interoperable
Communications Plan to the Secretary for approval. Such a plan shall--
(1) describe the current state of communications
interoperability in the applicable jurisdictions among Federal,
State, and local emergency response providers and other relevant
private resources;
(2) describe the available and planned use of public safety
frequency spectrum and resources for interoperable communications
within such jurisdictions;
(3) describe how the planned use of spectrum and resources for
interoperable communications is compatible with surrounding
capabilities and interoperable communications plans of Federal,
State, and local governmental entities, military installations,
foreign governments, critical infrastructure, and other relevant
entities;
(4) include a 5-year plan for the dedication of Federal, State,
and local government and private resources to achieve a consistent,
secure, and effective interoperable communications system,
including planning, system design and engineering, testing and
technology development, procurement and installation, training, and
operations and maintenance; and
(5) describe how such 5-year plan meets or exceeds any
applicable standards and grant requirements established by the
Secretary.
(g) Definitions.--In this section:
(1) Interoperable communications.--The term ``interoperable
communications'' means the ability of emergency response providers
and relevant Federal, State, and local government agencies to
communicate with each other as necessary, through a dedicated
public safety network utilizing information technology systems and
radio communications systems, and to exchange voice, data, or video
with one another on demand, in real time, as necessary.
(2) Emergency response providers.--The term ``emergency
response providers'' has the meaning that term has under section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).
(h) Clarification of Responsibility for Interoperable
Communications.--
(1) Under secretary for emergency preparedness and response.--
Section 502(7) of the Homeland Security Act of 2002 (6 U.S.C.
312(7)) is amended--
(A) by striking ``developing comprehensive programs for
developing interoperative communications technology, and''; and
(B) by striking ``such'' and inserting ``interoperable
communications''.
(2) Office for domestic preparedness.--Section 430(c) of such
Act (6 U.S.C. 238(c)) is amended--
(A) in paragraph (7) by striking ``and'' after the
semicolon;
(B) in paragraph (8) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments and
emergency response providers.''.
(i) Sense of Congress Regarding Interoperable Communications.--
(1) Finding.--The Congress finds that--
(A) many first responders working in the same jurisdiction
or in different jurisdictions cannot effectively and
efficiently communicate with one another; and
(B) their inability to do so threatens the public's safety
and may result in unnecessary loss of lives and property.
(2) Sense of congress.--It is the sense of Congress that
interoperable emergency communications systems and radios should
continue to be deployed as soon as practicable for use by the first
responder community, and that upgraded and new digital
communications systems and new digital radios must meet prevailing
national, voluntary consensus standards for interoperability.
SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
(a) Pilot Projects.--Consistent with sections 302 and 430 of the
Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later than 90
days after the date of enactment of this Act, the Secretary of Homeland
Security shall establish not fewer than 2 pilot projects in high threat
urban areas or regions that are likely to implement a national model
strategic plan.
(b) Purposes.--The purposes of the pilot projects required by this
section shall be to develop a regional strategic plan to foster
interagency communication in the area in which it is established and
coordinate the gathering of all Federal, State, and local first
responders in that area, consistent with the national strategic plan
developed by the Department of Homeland Security.
(c) Selection Criteria.--In selecting urban areas for the location
of pilot projects under this section, the Secretary shall consider--
(1) the level of risk to the area, as determined by the
Department of Homeland Security;
(2) the number of Federal, State, and local law enforcement
agencies located in the area;
(3) the number of potential victims from a large scale
terrorist attack in the area; and
(4) such other criteria reflecting a community's risk and
vulnerability as the Secretary determines is appropriate.
(d) Interagency Assistance.--The Secretary of Homeland Security
shall consult with the Secretary of Defense as necessary for the
development of the pilot projects required by this section, including
examining relevant standards, equipment, and protocols in order to
improve interagency communication among first responders.
(e) Reports to Congress.--The Secretary of Homeland Security shall
submit to Congress--
(1) an interim report regarding the progress of the interagency
communications pilot projects required by this section 6 months
after the date of enactment of this Act; and
(2) a final report 18 months after that date of enactment.
(f) Funding.--There are authorized to be made available to the
Secretary of Homeland Security, such sums as may be necessary to carry
out this section.
SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Private sector organizations own 85 percent of the Nation's
critical infrastructure and employ the vast majority of the
Nation's workers.
(2) Preparedness in the private sector and public sector for
rescue, restart and recovery of operations should include, as
appropriate--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(3) The American National Standards Institute recommends a
voluntary national preparedness standard for the private sector
based on the existing American National Standard on Disaster/
Emergency Management and Business Continuity Programs (NFPA 1600),
with appropriate modifications. This standard establishes a common
set of criteria and terminology for preparedness, disaster
management, emergency management, and business continuity programs.
(4) The mandate of the Department of Homeland Security extends
to working with the private sector, as well as government entities.
(b) Sense of Congress on Private Sector Preparedness.--It is the
sense of Congress that the Secretary of Homeland Security should
promote, where appropriate, the adoption of voluntary national
preparedness standards such as the private sector preparedness standard
developed by the American National Standards Institute and based on the
National Fire Protection Association 1600 Standard on Disaster/
Emergency Management and Business Continuity Programs.
SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress makes the following findings:
(1) Under section 201 of the Homeland Security Act of 2002 (6
U.S.C 121), the Department of Homeland Security, through the Under
Secretary for Information Analysis and Infrastructure Protection,
has the responsibility--
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the performance
of risk assessments to determine the risks posed by particular
types of terrorist attacks within the United States;
(B) to identify priorities for protective and supportive
measures; and
(C) to develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States.
(2) Under Homeland Security Presidential Directive 7, issued on
December 17, 2003, the Secretary of Homeland Security was given 1
year to develop a comprehensive plan to identify, prioritize, and
coordinate the protection of critical infrastructure and key
resources.
(3) The report of the National Commission on Terrorist Attacks
Upon the United States recommended that the Secretary of Homeland
Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and other
institutions that need to be protected;
(B) develop plans to protect that infrastructure; and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later than 180
days after the date of enactment of this Act, and in conjunction with
the reporting requirements of Public Law 108-330, the Secretary of
Homeland Security shall submit a report to Congress on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's
critical infrastructure;
(2) the adequacy of the Government's plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
It is the sense of Congress that the Secretary of Defense should
regularly assess the adequacy of the plans and strategies of the United
States Northern Command with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all military and
paramilitary threats within the United States, should it be called upon
to do so by the President.
SEC. 7308. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
Subtitle D--Homeland Security
SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is the sense of Congress that Congress must pass legislation in
the first session of the 109th Congress to reform the system for
distributing grants to enhance State and local government prevention
of, preparedness for, and response to acts of terrorism.
SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public Law
107-296; 6 U.S.C. 112(f)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) coordinating industry efforts, with respect to functions
of the Department of Homeland Security, to identify private sector
resources and capabilities that could be effective in supplementing
Federal, State, and local government agency efforts to prevent or
respond to a terrorist attack;
``(9) coordinating with the Directorate of Border and
Transportation Security and the Assistant Secretary for Trade
Development of the Department of Commerce on issues related to the
travel and tourism industries; and
``(10) consulting with the Office of State and Local Government
Coordination and Preparedness on all matters of concern to the
private sector, including the tourism industry.''.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a) Study.--The Secretary of Homeland Security, in coordination
with the Chairman of the Federal Communications Commission, and in
consultation with the heads of other appropriate Federal agencies and
representatives of providers and participants in the telecommunications
industry, shall conduct a study to determine whether it is cost-
effective, efficient, and feasible to establish and implement an
emergency telephonic alert notification system that will--
(1) alert persons in the United States of imminent or current
hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding appropriate
measures that may be undertaken to alleviate or minimize threats to
their safety and welfare posed by such events.
(b) Technologies To Consider.--In conducting the study, the
Secretary shall consider the use of the telephone, wireless
communications, and other existing communications networks to provide
such notification.
(c) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary shall submit to Congress a report regarding the
conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL
AGE.
(a) Pilot Study.--The Secretary of Homeland Security, from funds
made available for improving the national system to notify the general
public in the event of a terrorist attack, and in consultation with the
Attorney General, the Secretary of Transportation, the heads of other
appropriate Federal agencies, the National Association of State Chief
Information Officers, and other stakeholders with respect to public
warning systems, shall conduct a pilot study under which the Secretary
of Homeland Security may issue public warnings regarding threats to
homeland security using a warning system that is similar to the AMBER
Alert communications network.
(b) Report.--Not later than 9 months after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to Congress a
report regarding the findings, conclusions, and recommendations of the
pilot study.
(c) Prohibition on Use of Highway Trust Fund.--No funds derived
from the Highway Trust Fund may be transferred to, made available to,
or obligated by the Secretary of Homeland Security to carry out this
section.
SEC. 7405. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there is
effective and ongoing coordination of Federal efforts to prevent,
prepare for, and respond to acts of terrorism and other major disasters
and emergencies among the divisions of the Department of Homeland
Security, including the Directorate of Emergency Preparedness and
Response and the Office for State and Local Government Coordination and
Preparedness.
SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
Section 611(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs
(2), (3), and (4), respectively;
(2) by indenting paragraph (2) (as so redesignated); and
(3) by striking the subsection designation and heading and
inserting the following:
``(h) Emergency Preparedness Compacts.--(1) The Director shall
establish a program supporting the development of emergency
preparedness compacts for acts of terrorism, disasters, and emergencies
throughout the Nation, by--
``(A) identifying and cataloging existing emergency
preparedness compacts for acts of terrorism, disasters, and
emergencies at the State and local levels of government;
``(B) disseminating to State and local governments examples of
best practices in the development of emergency preparedness
compacts and models of existing emergency preparedness compacts,
including agreements involving interstate jurisdictions; and
``(C) completing an inventory of Federal response capabilities
for acts of terrorism, disasters, and emergencies, making such
inventory available to appropriate Federal, State, and local
government officials, and ensuring that such inventory is as
current and accurate as practicable.''.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) Amendment.--Section 878 of the Homeland Security Act of 2002 (6
U.S.C. 458) is amended to read as follows:
``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
``(a) Office.--There is established in the Department an Office of
Counternarcotics Enforcement, which shall be headed by a Director
appointed by the President, by and with the advice and consent of the
Senate.
``(b) Assignment of Personnel.--
``(1) In general.--The Secretary shall assign permanent staff
to the Office, consistent with effective management of Department
resources.
``(2) Liaisons.--The Secretary shall designate senior employees
from each appropriate subdivision of the Department that has
significant counternarcotics responsibilities to act as a liaison
between that subdivision and the Office of Counternarcotics
Enforcement.
``(c) Limitation on Concurrent Employment.--Except as provided in
subsection (d), the Director of the Office of Counternarcotics
Enforcement shall not be employed by, assigned to, or serve as the head
of, any other branch of the Federal Government, any State or local
government, or any subdivision of the Department other than the Office
of Counternarcotics Enforcement.
``(d) Eligibility To Serve as the United States Interdiction
Coordinator.--The Director of the Office of Counternarcotics
Enforcement may be appointed as the United States Interdiction
Coordinator by the Director of the Office of National Drug Control
Policy, and shall be the only person at the Department eligible to be
so appointed.
``(e) Responsibilities.--The Secretary shall direct the Director of
the Office of Counternarcotics Enforcement--
``(1) to coordinate policy and operations within the
Department, between the Department and other Federal departments
and agencies, and between the Department and State and local
agencies with respect to stopping the entry of illegal drugs into
the United States;
``(2) to ensure the adequacy of resources within the Department
for stopping the entry of illegal drugs into the United States;
``(3) to recommend the appropriate financial and personnel
resources necessary to help the Department better fulfill its
responsibility to stop the entry of illegal drugs into the United
States;
``(4) within the Joint Terrorism Task Force construct to track
and sever connections between illegal drug trafficking and
terrorism; and
``(5) to be a representative of the Department on all task
forces, committees, or other entities whose purpose is to
coordinate the counternarcotics enforcement activities of the
Department and other Federal, State or local agencies.
``(f) Savings Clause.--Nothing in this section shall be construed
to authorize direct control of the operations conducted by the
Directorate of Border and Transportation Security, the Coast Guard, or
joint terrorism task forces.
``(g) Reports to Congress.--
``(1) Annual budget review.--The Director of the Office of
Counternarcotics Enforcement shall, not later than 30 days after
the submission by the President to Congress of any request for
expenditures for the Department, submit to the Committees on
Appropriations and the authorizing committees of jurisdiction of
the House of Representatives and the Senate a review and evaluation
of such request. The review and evaluation shall--
``(A) identify any request or subpart of any request that
affects or may affect the counternarcotics activities of the
Department or any of its subdivisions, or that affects the
ability of the Department or any subdivision of the Department
to meet its responsibility to stop the entry of illegal drugs
into the United States;
``(B) describe with particularity how such requested funds
would be or could be expended in furtherance of
counternarcotics activities; and
``(C) compare such requests with requests for expenditures
and amounts appropriated by Congress in the previous fiscal
year.
``(2) Evaluation of counternarcotics activities.--The Director
of the Office of Counternarcotics Enforcement shall, not later than
February 1 of each year, submit to the Committees on Appropriations
and the authorizing committees of jurisdiction of the House of
Representatives and the Senate a review and evaluation of the
counternarcotics activities of the Department for the previous
fiscal year. The review and evaluation shall--
``(A) describe the counternarcotics activities of the
Department and each subdivision of the Department (whether
individually or in cooperation with other subdivisions of the
Department, or in cooperation with other branches of the
Federal Government or with State or local agencies), including
the methods, procedures, and systems (including computer
systems) for collecting, analyzing, sharing, and disseminating
information concerning narcotics activity within the Department
and between the Department and other Federal, State, and local
agencies;
``(B) describe the results of those activities, using
quantifiable data whenever possible;
``(C) state whether those activities were sufficient to
meet the responsibility of the Department to stop the entry of
illegal drugs into the United States, including a description
of the performance measures of effectiveness that were used in
making that determination; and
``(D) recommend, where appropriate, changes to those
activities to improve the performance of the Department in
meeting its responsibility to stop the entry of illegal drugs
into the United States.
``(3) Classified or law enforcement sensitive information.--Any
content of a review and evaluation described in the reports
required in this subsection that involves information classified
under criteria established by an Executive order, or whose public
disclosure, as determined by the Secretary, would be detrimental to
the law enforcement or national security activities of the
Department or any other Federal, State, or local agency, shall be
presented to Congress separately from the rest of the review and
evaluation.''.
(b) Conforming Amendments.--Section 103(a) of the Homeland Security
Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs (9)
and (10), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) A Director of the Office of Counternarcotics
Enforcement.''.
(c) Authorization of Appropriations.--Of the amounts appropriated
for the Department of Homeland Security for Departmental management and
operations for fiscal year 2005, there is authorized up to $6,000,000
to carry out section 878 of the Department of Homeland Security Act of
2002.
SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN
EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General.--Subtitle E of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN
EMPLOYEE PERFORMANCE APPRAISALS.
``(a) In General.--Each subdivision of the Department that is a
National Drug Control Program Agency shall include as one of the
criteria in its performance appraisal system, for each employee
directly or indirectly involved in the enforcement of Federal, State,
or local narcotics laws, the performance of that employee with respect
to the enforcement of Federal, State, or local narcotics laws, relying
to the greatest extent practicable on objective performance measures,
including--
``(1) the contribution of that employee to seizures of
narcotics and arrests of violators of Federal, State, or local
narcotics laws; and
``(2) the degree to which that employee cooperated with or
contributed to the efforts of other employees, either within the
Department or other Federal, State, or local agencies, in
counternarcotics enforcement.
``(b) Definitions.--For purposes of this section--
``(1) the term `National Drug Control Program Agency' means--
``(A) a National Drug Control Program Agency, as defined in
section 702(7) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (as last in effect); and
``(B) any subdivision of the Department that has a
significant counternarcotics responsibility, as determined by--
``(i) the counternarcotics officer, appointed under
section 878; or
``(ii) if applicable, the counternarcotics officer's
successor in function (as determined by the Secretary); and
``(2) the term `performance appraisal system' means a system
under which periodic appraisals of job performance of employees are
made, whether under chapter 43 of title 5, United States Code, or
otherwise.''.
(b) Clerical Amendment.--The table of contents for the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 842 the following:
``Sec. 843. Use of counternarcotics enforcement activities in certain
employee performance appraisals.''.
Subtitle E--Public Safety Spectrum
SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
(a) Findings.--Congress finds the following:
(1) Congress granted television broadcasters additional 6
megahertz blocks of spectrum to transmit digital broadcasts
simultaneously with the analog broadcasts they submit on their
original 6 megahertz blocks of spectrum.
(2) Section 309(j)(14) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)) requires each television broadcaster to cease
analog transmissions and return 6 megahertz of spectrum not later
than--
(A) December 31, 2006; or
(B) the date on which more than 85 percent of the
television households in the market of such broadcaster can
view digital broadcast television channels using a digital
television, a digital-to-analog converter box, cable service,
or satellite service.
(3) Twenty-four megahertz of spectrum occupied by television
broadcasters has been earmarked for use by first responders as soon
as the television broadcasters return the spectrum broadcasters
being used to provide analog transmissions. This spectrum would be
ideal to provide first responders with interoperable communications
channels.
(4) Large parts of the vacated spectrum could be auctioned for
advanced commercial services, such as wireless broadband.
(5) The 85 percent penetration test described in paragraph
(2)(B) could delay the termination of analog television broadcasts
and the return of spectrum well beyond 2007, hindering the use of
that spectrum for these important public safety and advanced
commercial uses.
(6) While proposals to require broadcasters to return, on a
date certain, the spectrum earmarked for future public safety use
may improve the ability of public safety entities to begin planning
for use of this spectrum, such proposals have certain deficiencies.
The proposals would require the dislocation of up to 75 broadcast
stations, which also serve a critical public safety function by
broadcasting weather, traffic, disaster, and other safety alerts.
Such disparate treatment of broadcasters would be unfair to the
broadcasters and their respective viewers. Requiring the return of
all analog broadcast spectrum by a date certain would have the
benefit of addressing the digital television transition in a
comprehensive fashion that treats all broadcasters and viewers
equally, while freeing spectrum for advanced commercial services.
(7) The Federal Communications Commission should consider all
regulatory means available to expedite the return of the analog
spectrum.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress must act to pass legislation in the first session
of the 109th Congress that establishes a comprehensive approach to
the timely return of analog broadcast spectrum as early as December
31, 2006; and
(2) any delay in the adoption of the legislation described in
paragraph (1) will delay the ability of public safety entities to
begin planning to use this needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS.
(a) Allocations of Spectrum for Emergency Response Providers.--The
Federal Communications Commission shall, in consultation with the
Secretary of Homeland Security and the National Telecommunications and
Information Administration, conduct a study to assess short-term and
long-term needs for allocations of additional portions of the
electromagnetic spectrum for Federal, State, and local emergency
response providers, including whether or not an additional allocation
of spectrum in the 700 megahertz band should be granted by Congress to
such emergency response providers.
(b) Strategies To Meet Public Safety Telecommunications
Requirements.--The Secretary of Homeland Security shall, in
consultation with the Federal Communications Commission and the
National Telecommunications and Information Administration, conduct a
study to assess strategies that may be used to meet public safety
telecommunications needs, including--
(1) the need and efficacy of deploying nationwide interoperable
communications networks (including the potential technical and
operational standards and protocols for nationwide interoperable
broadband mobile communications networks that may be used by
Federal, State, regional, and local governmental and
nongovernmental public safety, homeland security, and other
emergency response personnel);
(2) the capacity of public safety entities to utilize wireless
broadband applications; and
(3) the communications capabilities of all emergency response
providers, including hospitals and health care workers, and current
efforts to promote communications coordination and training among
emergency response providers.
(c) Study Requirements.--In conducting the studies required by
subsections (a) and (b), the Secretary of Homeland Security and the
Federal Communications Commission shall--
(1) seek input from Federal, State, local, and regional
emergency response providers regarding the operation and
administration of a potential nationwide interoperable broadband
mobile communications network; and
(2) consider the use of commercial wireless technologies to the
greatest extent practicable.
(d) Reports.--(1) Not later than one year after the date of
enactment of this Act, the Federal Communications Commission (in the
case of the study required by subsection (a)) and the Secretary of
Homeland Security (in the case of the study required by subsection (b))
shall submit to the appropriate committees of Congress a report on such
study, including the findings of such study.
(2) In this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Committee on Commerce, Science, and Transportation and
the Committee on Homeland Security and Governmental Affairs of the
Senate; and
(B) the Committee on Energy and Commerce and the Select
Committee on Homeland Security of the House of Representatives.
Subtitle F--Presidential Transition
SEC. 7601. PRESIDENTIAL TRANSITION.
(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
``(v) Activities under this paragraph shall include the
preparation of a detailed classified, compartmented summary
by the relevant outgoing executive branch officials of
specific operational threats to national security; major
military or covert operations; and pending decisions on
possible uses of military force. This summary shall be
provided to the President-elect as soon as possible after
the date of the general elections held to determine the
electors of President and Vice President under section 1 or
2 of title 3, United States Code.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
``(f)(1) The President-elect should submit to the Federal Bureau of
Investigation or other appropriate agency and then, upon taking effect
and designation, to the agency designated by the President under
section 115(b) of the National Intelligence Reform Act of 2004, the
names of candidates for high level national security positions through
the level of undersecretary of cabinet departments as soon as possible
after the date of the general elections held to determine the electors
of President and Vice President under section 1 or 2 of title 3, United
States Code.
``(2) The responsible agency or agencies shall undertake and
complete as expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the individuals
who are candidates described under paragraph (1) before the date of the
inauguration of the President-elect as President and the inauguration
of the Vice-President-elect as Vice President.''.
(b) Sense of the Senate Regarding Expedited Consideration of
National Security Nominees.--It is the sense of the Senate that--
(1) the President-elect should submit the nominations of
candidates for high-level national security positions, through the
level of undersecretary of cabinet departments, to the Senate by
the date of the inauguration of the President-elect as President;
and
(2) for all such national security nominees received by the
date of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent possible,
complete their consideration of these nominations, and, if such
nominations are reported by the committees, the full Senate should
vote to confirm or reject these nominations, within 30 days of
their submission.
(c) Security Clearances for Transition Team Members.--
(1) Definition.--In this section, the term ``major party''
shall have the meaning given under section 9002(6) of the Internal
Revenue Code of 1986.
(2) In general.--Each major party candidate for President may
submit, before the date of the general election, requests for
security clearances for prospective transition team members who
will have a need for access to classified information to carry out
their responsibilities as members of the President-elect's
transition team.
(3) Completion date.--Necessary background investigations and
eligibility determinations to permit appropriate prospective
transition team members to have access to classified information
shall be completed, to the fullest extent practicable, by the day
after the date of the general election.
(d) Effective Date.--Notwithstanding section 351, this section and
the amendments made by this section shall take effect on the date of
enactment of this Act.
Subtitle G--Improving International Standards and Cooperation to Fight
Terrorist Financing
SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT
TERRORIST FINANCING.
(a) Findings.--Congress makes the following findings:
(1) The global war on terrorism and cutting off terrorist
financing is a policy priority for the United States and its
partners, working bilaterally and multilaterally through the United
Nations, the United Nations Security Council and its committees,
such as the 1267 and 1373 Committees, the Financial Action Task
Force (FATF), and various international financial institutions,
including the International Monetary Fund (IMF), the International
Bank for Reconstruction and Development (IBRD), and the regional
multilateral development banks, and other multilateral fora.
(2) The international financial community has become engaged in
the global fight against terrorist financing. The Financial Action
Task Force has focused on the new threat posed by terrorist
financing to the international financial system, resulting in the
establishment of the FATF's Eight Special Recommendations on
Terrorist Financing as the international standard on combating
terrorist financing. The Group of Seven and the Group of Twenty
Finance Ministers are developing action plans to curb the financing
of terror. In addition, other economic and regional fora, such as
the Asia-Pacific Economic Cooperation (APEC) Forum, and the Western
Hemisphere Financial Ministers, have been used to marshal political
will and actions in support of combating the financing of terrorism
(CFT) standards.
(3) FATF's Forty Recommendations on Money Laundering and the
Eight Special Recommendations on Terrorist Financing are the
recognized global standards for fighting money laundering and
terrorist financing. The FATF has engaged in an assessment process
for jurisdictions based on their compliance with these standards.
(4) In March 2004, the IMF and IBRD Boards agreed to make
permanent a pilot program of collaboration with the FATF to assess
global compliance with the FATF Forty Recommendations on Money
Laundering and the Eight Special Recommendations on Terrorist
Financing. As a result, anti-money laundering (AML) and combating
the financing of terrorism (CFT) assessments are now a regular part
of their Financial Sector Assessment Program (FSAP) and Offshore
Financial Center assessments, which provide for a comprehensive
analysis of the strength of a jurisdiction's financial system.
These reviews assess potential systemic vulnerabilities, consider
sectoral development needs and priorities, and review the state of
implementation of and compliance with key financial codes and
regulatory standards, among them the AML and CFT standards.
(5) To date, 70 FSAPs have been conducted, with over 24 of
those incorporating AML and CFT assessments. The international
financial institutions (IFIs), the FATF, and the FATF-style
regional bodies together are expected to assess AML and CFT regimes
in up to 40 countries or jurisdictions per year. This will help
countries and jurisdictions identify deficiencies in their AML and
CFT regimes and help focus technical assistance efforts.
(6) Technical assistance programs from the United States and
other nations, coordinated with the Department of State and other
departments and agencies, are playing an important role in helping
countries and jurisdictions address shortcomings in their AML and
CFT regimes and bringing their regimes into conformity with
international standards. Training is coordinated within the United
States Government, which leverages multilateral organizations and
bodies and international financial institutions to internationalize
the conveyance of technical assistance.
(7) In fulfilling its duties in advancing incorporation of AML
and CFT standards into the IFIs as part of the IFIs' work on
protecting the integrity of the international monetary system, the
Department of the Treasury, under the guidance of the Secretary of
the Treasury, has effectively brought together all of the key
United States Government agencies. In particular, United States
Government agencies continue to work together to foster broad
support for this important undertaking in various multilateral
fora, and United States Government agencies recognize the need for
close coordination and communication within our own Government.
(b) Sense of Congress Regarding Success in Multilateral
Organizations.--It is the sense of Congress that the Secretary of the
Treasury should continue to promote the dissemination of international
AML and CFT standards, and to press for full implementation of the FATF
40 + 8 Recommendations by all countries in order to curb financial
risks and hinder terrorist financing around the globe. The efforts of
the Secretary in this regard should include, where necessary or
appropriate, multilateral action against countries whose counter-money
laundering regimes and efforts against the financing of terrorism fall
below recognized international standards.
SEC. 7702. DEFINITIONS.
In this subtitle--
(1) the term ``international financial institutions'' has the
same meaning as in section 1701(c)(2) of the International
Financial Institutions Act;
(2) the term ``Financial Action Task Force'' means the
international policy-making and standard-setting body dedicated to
combating money laundering and terrorist financing that was created
by the Group of Seven in 1989; and
(3) the terms ``Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System'' and
``Interagency Paper'' mean the interagency paper prepared by the
Board of Governors of the Federal Reserve System, the Comptroller
of the Currency, and the Securities and Exchange Commission that
was announced in the Federal Register on April 8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE
SECRETARY OF THE TREASURY.
(a) Reporting Requirements.--Section 1503(a) of the International
Financial Institutions Act (22 U.S.C. 262o-2(a)) is amended by adding
at the end the following:
``(15) Work with the International Monetary Fund to--
``(A) foster strong global anti-money laundering (AML) and
combat the financing of terrorism (CFT) regimes;
``(B) ensure that country performance under the Financial
Action Task Force anti-money laundering and counterterrorist
financing standards is effectively and comprehensively
monitored;
``(C) ensure note is taken of AML and CFT issues in Article
IV reports, International Monetary Fund programs, and other
regular reviews of country progress;
``(D) ensure that effective AML and CFT regimes are
considered to be indispensable elements of sound financial
systems; and
``(E) emphasize the importance of sound AML and CFT regimes
to global growth and development.''.
(b) Testimony.--Section 1705(b) of the International Financial
Institutions Act (22 U.S.C. 262r-4(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the status of implementation of international anti-money
laundering and counterterrorist financing standards by the
International Monetary Fund, the multilateral development banks,
and other multilateral financial policymaking bodies.''.
SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the Secretary, as
the lead United States Government official to the Financial Action Task
Force (FATF), shall continue to convene the interagency United States
Government FATF working group. This group, which includes
representatives from all relevant Federal agencies, shall meet at least
once a year to advise the Secretary on policies to be pursued by the
United States regarding the development of common international AML and
CFT standards, to assess the adequacy and implementation of such
standards, and to recommend to the Secretary improved or new standards,
as necessary.
Subtitle H--Emergency Financial Preparedness
SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
Section 306(d) of title 31, United States Code, is amended by
inserting ``or employee'' after ``another officer''.
SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY
PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION.
(a) Findings.--Congress finds that the Secretary of the Treasury--
(1) has successfully communicated and coordinated with the
private-sector financial services industry about financial
infrastructure preparedness and response issues;
(2) has successfully reached out to State and local governments
and regional public-private partnerships, such as ChicagoFIRST,
that protect employees and critical infrastructure by enhancing
communication and coordinating plans for disaster preparedness and
business continuity; and
(3) has set an example for the Department of Homeland Security
and other Federal agency partners, whose active participation is
vital to the overall success of the activities described in
paragraphs (1) and (2).
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Treasury, in consultation with the Secretary of
Homeland Security, other Federal agency partners, and private-sector
financial organization partners, should--
(1) furnish sufficient personnel and technological and
financial resources to educate consumers and employees of the
financial services industry about domestic counterterrorist
financing activities, particularly about--
(A) how the public and private sector organizations
involved in such activities can combat terrorism while
protecting and preserving the lives and civil liberties of
consumers and employees of the financial services industry; and
(B) how the consumers and employees of the financial
services industry can assist the public and private sector
organizations involved in such activities; and
(2) submit annual reports to Congress on efforts to accomplish
subparagraphs (A) and (B) of paragraph (1).
(c) Report on Public-Private Partnerships.--Before the end of the
6-month period beginning on the date of enactment of this Act, the
Secretary of the Treasury shall submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate containing--
(1) information on the efforts that the Department of the
Treasury has made to encourage the formation of public-private
partnerships to protect critical financial infrastructure and the
type of support that the Department has provided to such
partnerships; and
(2) recommendations for administrative or legislative action
regarding such partnerships, as the Secretary may determine to be
appropriate.
SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
(a) Short Title.--This section may be cited as the ``Emergency
Securities Response Act of 2004''.
(b) Extension of Emergency Order Authority of the Securities and
Exchange Commission.--
(1) Extension of authority.--Section 12(k)(2) of the Securities
Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to read as
follows:
``(2) Emergency orders.--
``(A) In general.--The Commission, in an emergency, may by
order summarily take such action to alter, supplement, suspend,
or impose requirements or restrictions with respect to any
matter or action subject to regulation by the Commission or a
self-regulatory organization under the securities laws, as the
Commission determines is necessary in the public interest and
for the protection of investors--
``(i) to maintain or restore fair and orderly
securities markets (other than markets in exempted
securities);
``(ii) to ensure prompt, accurate, and safe clearance
and settlement of transactions in securities (other than
exempted securities); or
``(iii) to reduce, eliminate, or prevent the
substantial disruption by the emergency of--
``(I) securities markets (other than markets in
exempted securities), investment companies, or any
other significant portion or segment of such markets;
or
``(II) the transmission or processing of securities
transactions (other than transactions in exempted
securities).
``(B) Effective period.--An order of the Commission under
this paragraph shall continue in effect for the period
specified by the Commission, and may be extended. Except as
provided in subparagraph (C), an order of the Commission under
this paragraph may not continue in effect for more than 10
business days, including extensions.
``(C) Extension.--An order of the Commission under this
paragraph may be extended to continue in effect for more than
10 business days if, at the time of the extension, the
Commission finds that the emergency still exists and determines
that the continuation of the order beyond 10 business days is
necessary in the public interest and for the protection of
investors to attain an objective described in clause (i), (ii),
or (iii) of subparagraph (A). In no event shall an order of the
Commission under this paragraph continue in effect for more
than 30 calendar days.
``(D) Security futures.--If the actions described in
subparagraph (A) involve a security futures product, the
Commission shall consult with and consider the views of the
Commodity Futures Trading Commission.
``(E) Exemption.--In exercising its authority under this
paragraph, the Commission shall not be required to comply with
the provisions of--
``(i) section 19(c); or
``(ii) section 553 of title 5, United States Code.''.
(c) Consultation; Definition of Emergency.--Section 12(k)(6) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6)) is amended to
read as follows:
``(6) Consultation.--Prior to taking any action described in
paragraph (1)(B), the Commission shall consult with and consider
the views of the Secretary of the Treasury, the Board of Governors
of the Federal Reserve System, and the Commodity Futures Trading
Commission, unless such consultation is impracticable in light of
the emergency.
``(7) Definitions.--For purposes of this subsection--
``(A) the term `emergency' means--
``(i) a major market disturbance characterized by or
constituting--
``(I) sudden and excessive fluctuations of
securities prices generally, or a substantial threat
thereof, that threaten fair and orderly markets; or
``(II) a substantial disruption of the safe or
efficient operation of the national system for
clearance and settlement of transactions in securities,
or a substantial threat thereof; or
``(ii) a major disturbance that substantially disrupts,
or threatens to substantially disrupt--
``(I) the functioning of securities markets,
investment companies, or any other significant portion
or segment of the securities markets; or
``(II) the transmission or processing of securities
transactions; and
``(B) notwithstanding section 3(a)(47), the term
`securities laws' does not include the Public Utility Holding
Company Act of 1935.''.
(d) Parallel Authority of the Secretary of the Treasury With
Respect to Government Securities.--Section 15C of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-5) is amended by adding at the end
the following:
``(h) Emergency Authority.--The Secretary may, by order, take any
action with respect to a matter or action subject to regulation by the
Secretary under this section, or the rules of the Secretary under this
section, involving a government security or a market therein (or
significant portion or segment of that market), that the Commission may
take under section 12(k)(2) with respect to transactions in securities
(other than exempted securities) or a market therein (or significant
portion or segment of that market).''.
(e) Joint Report on Implementation of Financial System Resilience
Recommendations.--
(1) Report required.--Not later than April 30, 2006, the Board
of Governors of the Federal Reserve System, the Comptroller of the
Currency, and the Securities and Exchange Commission shall prepare
and submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a joint report on the efforts of the private
sector to implement the Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System.
(2) Contents of report.--The report required by paragraph (1)
shall--
(A) examine the efforts to date of private sector financial
services firms covered by the Interagency Paper to implement
enhanced business continuity plans;
(B) examine the extent to which the implementation of such
business continuity plans has been done in a geographically
dispersed manner, including an analysis of the extent to which
such firms have located their main and backup facilities in
separate electrical networks, in different watersheds, in
independent transportation systems, and using separate
telecommunications centers, and the cost and technological
implications of further dispersal;
(C) examine the need to cover a larger range of private
sector financial services firms that play significant roles in
critical financial markets than those covered by the
Interagency Paper; and
(D) recommend legislative and regulatory changes that
will--
(i) expedite the effective implementation of the
Interagency Paper by all covered financial services
entities; and
(ii) optimize the effective implementation of business
continuity planning by the financial services industry.
(3) Confidentiality.--Any information provided to the Board of
Governors of the Federal Reserve System, the Comptroller of the
Currency, or the Securities and Exchange Commission for the
purposes of the preparation and submission of the report required
by paragraph (1) shall be treated as privileged and confidential.
For purposes of section 552 of title 5, United States Code, this
subsection shall be considered a statute described in subsection
(b)(3)(B) of that section 552.
(4) Definition.--As used in this subsection, the terms
``Interagency Paper on Sound Practices to Strengthen the Resilience
of the U.S. Financial System'' and ``Interagency Paper'' mean the
interagency paper prepared by the Board of Governors of the Federal
Reserve System, the Comptroller of the Currency, and the Securities
and Exchange Commission that was announced in the Federal Register
on April 8, 2003.
SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and credit-
rating agencies, where relevant, should carefully consider a company's
compliance with standards for private sector disaster and emergency
preparedness in assessing insurability and creditworthiness, to ensure
that private sector investment in disaster and emergency preparedness
is appropriately encouraged.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE
SIMULATION AND ANALYSIS CENTER.
(a) In General.--The Director of National Intelligence shall
establish a formal relationship, including information sharing, between
the elements of the intelligence community and the National
Infrastructure Simulation and Analysis Center.
(b) Purpose.--The purpose of the relationship under subsection (a)
shall be to permit the intelligence community to take full advantage of
the capabilities of the National Infrastructure Simulation and Analysis
Center, particularly vulnerability and consequence analysis, for real
time response to reported threats and long term planning for projected
threats.
Subtitle B--Department of Homeland Security Matters
SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
(a) Findings.--Congress makes the following findings:
(1) Geospatial technologies and geospatial data improve
government capabilities to detect, plan for, prepare for, and
respond to disasters in order to save lives and protect property.
(2) Geospatial data improves the ability of information
technology applications and systems to enhance public security in a
cost-effective manner.
(3) Geospatial information preparedness in the United States,
and specifically in the Department of Homeland Security, is
insufficient because of--
(A) inadequate geospatial data compatibility;
(B) insufficient geospatial data sharing; and
(C) technology interoperability barriers.
(b) Homeland Security Geospatial Information.--Section 703 of the
Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
(1) by inserting ``(a) In General.--'' before ``The Chief
Information''; and
(2) by adding at the end the following:
``(b) Geospatial Information Functions.--
``(1) Definitions.--As used in this subsection:
``(A) Geospatial information.--The term `geospatial
information' means graphical or digital data depicting natural
or manmade physical features, phenomena, or boundaries of the
earth and any information related thereto, including surveys,
maps, charts, remote sensing data, and images.
``(B) Geospatial technology.--The term `geospatial
technology' means any technology utilized by analysts,
specialists, surveyors, photogrammetrists, hydrographers,
geodesists, cartographers, architects, or engineers for the
collection, storage, retrieval, or dissemination of geospatial
information, including--
``(i) global satellite surveillance systems;
``(ii) global position systems;
``(iii) geographic information systems;
``(iv) mapping equipment;
``(v) geocoding technology; and
``(vi) remote sensing devices.
``(2) Office of geospatial management.--
``(A) Establishment.--The Office of Geospatial Management
is established within the Office of the Chief Information
Officer.
``(B) Geospatial information officer.--
``(i) Appointment.--The Office of Geospatial Management
shall be administered by the Geospatial Information
Officer, who shall be appointed by the Secretary and serve
under the direction of the Chief Information Officer.
``(ii) Functions.--The Geospatial Information Officer
shall assist the Chief Information Officer in carrying out
all functions under this section and in coordinating the
geospatial information needs of the Department.
``(C) Coordination of geospatial information.--The Chief
Information Officer shall establish and carry out a program to
provide for the efficient use of geospatial information, which
shall include--
``(i) providing such geospatial information as may be
necessary to implement the critical infrastructure
protection programs;
``(ii) providing leadership and coordination in meeting
the geospatial information requirements of those
responsible for planning, prevention, mitigation,
assessment and response to emergencies, critical
infrastructure protection, and other functions of the
Department; and
``(iii) coordinating with users of geospatial
information within the Department to assure
interoperability and prevent unnecessary duplication.
``(D) Responsibilities.--In carrying out this subsection,
the responsibilities of the Chief Information Officer shall
include--
``(i) coordinating the geospatial information needs and
activities of the Department;
``(ii) implementing standards, as adopted by the
Director of the Office of Management and Budget under the
processes established under section 216 of the E-Government
Act of 2002 (44 U.S.C. 3501 note), to facilitate the
interoperability of geospatial information pertaining to
homeland security among all users of such information
within--
``(I) the Department;
``(II) State and local government; and
``(III) the private sector;
``(iii) coordinating with the Federal Geographic Data
Committee and carrying out the responsibilities of the
Department pursuant to Office of Management and Budget
Circular A-16 and Executive Order 12906; and
``(iv) making recommendations to the Secretary and the
Executive Director of the Office for State and Local
Government Coordination and Preparedness on awarding grants
to--
``(I) fund the creation of geospatial data; and
``(II) execute information sharing agreements
regarding geospatial data with State, local, and tribal
governments.
``(3) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
subsection for each fiscal year.''.
Subtitle C--Homeland Security Civil Rights and Civil Liberties
Protection
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ``Homeland Security Civil Rights
and Civil Liberties Protection Act of 2004''.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H); and
(3) by inserting after subparagraph (F) the following:
``(G) ensure that the civil rights and civil liberties of
persons are not diminished by efforts, activities, and programs
aimed at securing the homeland; and''.
SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended--
(1) by amending the matter preceding paragraph (1) to read as
follows:
``(a) In General.--The Officer for Civil Rights and Civil
Liberties, who shall report directly to the Secretary, shall--'';
(2) by amending paragraph (1) to read as follows:
``(1) review and assess information concerning abuses of civil
rights, civil liberties, and profiling on the basis of race,
ethnicity, or religion, by employees and officials of the
Department;'';
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and offices of the
Department to develop, implement, and periodically review
Department policies and procedures to ensure that the protection of
civil rights and civil liberties is appropriately incorporated into
Department programs and activities;
``(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the civil
rights and civil liberties of individuals affected by the programs
and activities of the Department;
``(5) coordinate with the Privacy Officer to ensure that--
``(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner; and
``(B) Congress receives appropriate reports regarding such
programs, policies, and procedures; and
``(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless the
Inspector General of the Department determines that any such
complaint or information should be investigated by the Inspector
General.''.
SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
Inspector General, who shall be a career member of the civil service at
the equivalent to the GS-15 level or a career member of the Senior
Executive Service, to perform the functions described in paragraph (2).
``(2) The senior official designated under paragraph (1) shall--
``(A) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil rights or
civil liberties;
``(B) receive and review complaints and information from any
source alleging abuses of civil rights and civil liberties by
employees or officials of the Department and employees or officials
of independent contractors or grantees of the Department;
``(C) initiate investigations of alleged abuses of civil rights
or civil liberties by employees or officials of the Department and
employees or officials of independent contractors or grantees of
the Department;
``(D) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civil
rights and civil liberties investigations;
``(E) consult with the Officer for Civil Rights and Civil
Liberties regarding--
``(i) alleged abuses of civil rights or civil liberties;
and
``(ii) any policy recommendations regarding civil rights
and civil liberties that may be founded upon an investigation
by the Office of Inspector General;
``(F) provide the Officer for Civil Rights and Civil Liberties
with information regarding the outcome of investigations of alleged
abuses of civil rights and civil liberties;
``(G) refer civil rights and civil liberties matters that the
Inspector General decides not to investigate to the Officer for
Civil Rights and Civil Liberties;
``(H) ensure that the Office of the Inspector General
publicizes and provides convenient public access to information
regarding--
``(i) the procedure to file complaints or comments
concerning civil rights and civil liberties matters; and
``(ii) the status of corrective actions taken by the
Department in response to Office of the Inspector General
reports; and
``(I) inform the Officer for Civil Rights and Civil Liberties
of any weaknesses, problems, and deficiencies within the Department
relating to civil rights or civil liberties.''.
SEC. 8305. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``, who
shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil Rights and Civil
Liberties to ensure that--
``(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations are
addressed in an integrated and comprehensive manner; and
``(B) Congress receives appropriate reports on such
programs, policies, and procedures; and''.
SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF
HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the Department
of Homeland Security complies with the protections for human research
subjects, as described in part 46 of title 45, Code of Federal
Regulations, or in equivalent regulations as promulgated by such
Secretary, with respect to research that is conducted or supported by
the Department.
Subtitle D--Other Matters
SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY
PLANNING FOR INFORMATION SECURITY NEEDS.
Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting ``security,'' after
``use,'';
(2) in section 11302(c), by inserting ``, including information
security risks,'' after ``risks'' both places it appears;
(3) in section 11312(b)(1), by striking ``information
technology investments'' and inserting ``investments in information
technology (including information security needs)''; and
(4) in section 11315(b)(2), by inserting ``, secure,'' after
``sound''.
SEC. 8402. ENTERPRISE ARCHITECTURE.
(a) Enterprise Architecture Defined.--In this section, the term
``enterprise architecture'' means a detailed outline or blueprint of
the information technology of the Federal Bureau of Investigation that
will satisfy the ongoing mission and goals of the Federal Bureau of
Investigation and that sets forth specific and identifiable benchmarks.
(b) Enterprise Architecture.--The Federal Bureau of Investigation
shall--
(1) continually maintain and update an enterprise architecture;
and
(2) maintain a state of the art and up to date information
technology infrastructure that is in compliance with the enterprise
architecture of the Federal Bureau of Investigation.
(c) Report.--Subject to subsection (d), the Director of the Federal
Bureau of Investigation shall, on an annual basis, submit to the
Committees on the Judiciary of the Senate and House of Representatives
a report on whether the major information technology investments of the
Federal Bureau of Investigation are in compliance with the enterprise
architecture of the Federal Bureau of Investigation and identify any
inability or expectation of inability to meet the terms set forth in
the enterprise architecture.
(d) Failure To Meet Terms.--If the Director of the Federal Bureau
of Investigation identifies any inability or expectation of inability
to meet the terms set forth in the enterprise architecture in a report
under subsection (c), the report under subsection (c) shall--
(1) be twice a year until the inability is corrected;
(2) include a statement as to whether the inability or
expectation of inability to meet the terms set forth in the
enterprise architecture is substantially related to resources; and
(3) if the inability or expectation of inability is
substantially related to resources, include a request for
additional funding that would resolve the problem or a request to
reprogram funds that would resolve the problem.
(e) Enterprise Architecture, Agency Plans and Reports.--This
section shall be carried out in compliance with the requirements set
forth in section 1016(e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
(a) Study.--Not later than 90 days after the date of enactment of
this Act, the Office of Government Ethics shall submit to Congress a
report--
(1) evaluating the financial disclosure process for employees
of the executive branch of Government; and
(2) making recommendations for improving that process.
(b) Transmittal of Record Relating to Presidentially Appointed
Positions to Presidential Candidates.--
(1) Definition.--In this section, the term ``major party'' has
the meaning given that term under section 9002(6) of the Internal
Revenue Code of 1986.
(2) Transmittal.--
(A) In general.--Not later than 15 days after the date on
which a major party nominates a candidate for President, the
Office of Personnel Management shall transmit an electronic
record to that candidate on Presidentially appointed positions.
(B) Other candidates.--After making transmittals under
subparagraph (A), the Office of Personnel Management may
transmit an electronic record on Presidentially appointed
positions to any other candidate for President.
(3) Content.--The record transmitted under this subsection
shall provide--
(A) all positions which are appointed by the President,
including the title and description of the duties of each
position;
(B) the name of each person holding a position described
under subparagraph (A);
(C) any vacancy in the positions described under
subparagraph (A), and the period of time any such position has
been vacant;
(D) the date on which an appointment made after the
applicable Presidential election for any position described
under subparagraph (A) is necessary to ensure effective
operation of the Government; and
(E) any other information that the Office of Personnel
Management determines is useful in making appointments.
(c) Reduction of Positions Requiring Appointment With Senate
Confirmation.--
(1) Definition.--In this subsection, the term ``agency'' means
an Executive agency as defined under section 105 of title 5, United
States Code.
(2) Reduction plan.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the head of each agency shall submit a
Presidential appointment reduction plan to--
(i) the President;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Government Reform of the House
of Representatives.
(B) Content.--The plan under this paragraph shall provide for
the reduction of--
(i) the number of positions within that agency that
require an appointment by the President, by and with the
advice and consent of the Senate; and
(ii) the number of levels of such positions within that
agency.
(d) Office of Government Ethics Review of Conflict of Interest
Law.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Government
Ethics, in consultation with the Attorney General of the United
States, shall conduct a comprehensive review of conflict of
interest laws relating to executive branch employment and submit a
report to--
(A) the President;
(B) the Committees on Homeland Security and Governmental
Affairs and the Judiciary of the Senate;
(C) the Committees on Government Reform and the Judiciary
of the House of Representatives.
(2) Contents.--The report under this subsection shall examine
sections 203, 205, 207, and 208 of title 18, United States Code.
SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS
FOR SUSPENDED AIR PASSENGER SERVICE.
Section 145(c) of the Aviation and Transportation Security Act (49
U.S.C. 40101 note) is amended by striking ``more than'' and all that
follows and inserting ``after November 19, 2005.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.