[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2845 Public Print (PP)]
October 6, 2004
Ordered to be printed as passed
108th CONGRESS
2d Session
S. 2845
_______________________________________________________________________
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 ``National
Intelligence Reform Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONAL INTELLIGENCE AUTHORITY
Subtitle A--National Intelligence Authority
Sec. 101. National Intelligence Authority.
Sec. 102. National Intelligence Director.
Subtitle B--Responsibilities and Authorities of National Intelligence
Director
Sec. 111. Provision of national intelligence.
Sec. 112. Responsibilities of National Intelligence Director.
Sec. 113. Authorities of National Intelligence Director.
Sec. 114. Funding of intelligence activities.
Sec. 115. Enhanced personnel management.
Sec. 116. Security clearances.
Sec. 117. National Intelligence Reserve Corps.
Sec. 118. Appointment and termination of certain officials responsible
for intelligence-related activities.
Sec. 119. Reserve for Contingencies.
Subtitle C--Office of the National Intelligence Director
Sec. 121. Office of the National Intelligence Director.
Sec. 122. Deputy national intelligence directors.
Sec. 123. National Intelligence Council.
Sec. 124. General Counsel of the National Intelligence Authority.
Sec. 125. Officer for Civil Rights and Civil Liberties of the National
Intelligence Authority.
Sec. 126. Privacy Officer of the National Intelligence Authority.
Sec. 127. Chief Information Officer of the National Intelligence
Authority.
Sec. 128. Chief Human Capital Officer of the National Intelligence
Authority.
Sec. 129. Chief Financial Officer of the National Intelligence
Authority.
Sec. 130. Chief Scientist of the National Intelligence Authority.
Sec. 131. National Counterintelligence Executive.
Subtitle D--Additional Elements of National Intelligence Authority
Sec. 141. Inspector General of the National Intelligence Authority.
Sec. 142. Ombudsman of the National Intelligence Authority.
Sec. 143. National Counterterrorism Center.
Sec. 144. Counterproliferation Center.
Sec. 145. National intelligence centers.
Sec. 146. Office of alternative analysis.
Subtitle E--Education and Training of Intelligence Community Personnel
Sec. 151. Framework for cross-disciplinary education and training.
Sec. 152. Intelligence Community Scholarship Program.
Sec. 153. Additional education and training requirements.
Subtitle F--Additional Authorities of National Intelligence Authority
Sec. 161. Use of appropriated funds.
Sec. 162. Acquisition and fiscal authorities.
Sec. 163. Personnel matters.
Sec. 164. Ethics matters.
TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES
Subtitle A--Improvements of Intelligence Activities
Sec. 201. Availability to public of certain intelligence funding
information.
Sec. 202. Joint Intelligence Community Council.
Sec. 203. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 204. Federal Bureau of Investigation Intelligence Career Service.
Sec. 205. Directorate of Intelligence of the Federal Bureau of
Investigation.
Sec. 206. Information sharing.
Sec. 207. Alternative analyses of intelligence by the intelligence
community.
Sec. 208. Report on implementation of recommendations of Defense
Science Board on preventing and defending
against clandestine nuclear attack.
Sec. 209. Use of United States commercial remote sensing space
capabilities for imagery and geospatial
information requirements.
Sec. 210. Permanent authority for Public Interest Declassification
Board.
Subtitle B--Privacy and Civil Liberties
Sec. 211. Privacy and Civil Liberties Oversight Board.
Sec. 212. Privacy and Civil Liberties officers.
Subtitle C--Independence of Intelligence Agencies
Sec. 221. Independence of National Intelligence Director.
Sec. 222. Independence of intelligence.
Sec. 223. Independence of National Counterterrorism Center.
Sec. 224. Access of congressional committees to national intelligence.
Sec. 225. Communications with Congress.
Sec. 226. Congressional appeals of classification decisions.
Subtitle D--Homeland Security Civil Rights and Civil Liberties
Protection.
Sec. 231. Short Title.
Sec. 232. Mission of Department of Homeland Security.
Sec. 233. Officer for Civil Rights and Civil Liberties.
Sec. 234. Protection of Civil Rights and Civil Liberties by Office of
Inspector General.
Sec. 235. Privacy Officer.
TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY
MANAGEMENT
Subtitle A--Conforming and Other Amendments
Sec. 301. Restatement and modification of basic authority on the
Central Intelligence Agency.
Sec. 302. Conforming amendments relating to roles of National
Intelligence Director and Director of the
Central Intelligence Agency.
Sec. 303. Other conforming amendments.
Sec. 304. Modifications of counterintelligence and National Security
Act of 1947.
Sec. 305. Elements of intelligence community under National Security
Act of 1947.
Sec. 306. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 307. Conforming amendments on responsibilities of Secretary of
Defense pertaining to National Intelligence
Program.
Sec. 308. Repeal of superseded authorities.
Sec. 309. Conforming amendments on funding of intelligence activities.
Sec. 310. Modification of definition of Congressional Intelligence
Committees under National Security Act of
1947.
Sec. 311. Clerical amendments to National Security Act of 1947.
Sec. 312. Modification of authorities relating to National
Counterintelligence Executive.
Sec. 313. Conforming amendment relating to Chief Financial Officer of
the National Intelligence Authority.
Subtitle B--Transfers and Terminations
Sec. 321. Transfer of Office of Deputy Director of Central Intelligence
for Community Management.
Sec. 322. Transfer of National Counterterrorism Executive.
Sec. 323. Transfer of Terrorist Threat Integration Center.
Sec. 324. Termination of certain positions within the Central
Intelligence Agency.
Subtitle C--Other Transition Matters
Sec. 331. Executive Schedule matters.
Sec. 332. Preservation of intelligence capabilities.
Sec. 333. Reorganization.
Sec. 334. National Intelligence Director report on implementation of
intelligence community reform.
Sec. 335. Comptroller General reports on implementation of intelligence
community reform.
Sec. 336. National Intelligence Council report on methodologies
utilized for national intelligence
estimates.
Sec. 337. National Intelligence Director report on National
Counterterrorism Center.
Sec. 338. Components of National Intelligence Program.
Sec. 339. General references.
Subtitle D--Effective Date
Sec. 341. Effective date.
Subtitle E--Other Matters
Sec. 351. Severability.
Sec. 352. Authorization of appropriations.
TITLE IV--TRANSPORTATION SECURITY
Sec. 401. Watchlist for passengers aboard vessels.
TITLE V--AIR CARGO SAFETY
Sec. 501. Short title.
Sec. 502. Inspection of cargo carried aboard passenger aircraft.
Sec. 503. Air cargo shipping
Sec. 504. Cargo carried aboard passenger aircraft.
Sec. 505. Training program for cargo handlers.
Sec. 506. Cargo carried aboard all-cargo aircraft.
Sec. 507. Passenger identification verification.
TITLE VI--AVIATION SECURITY
Sec. 601. Improved pilot licenses.
Sec. 602. Aircraft charter customer prescreening.
Sec. 603. Aircraft rental customer prescreening.
Sec. 604. Report on rental and charter customer prescreening
procedures.
Sec. 605. Aviation security staffing.
Sec. 606. Improved air cargo and airport security.
Sec. 607. Air cargo security measures.
Sec. 608. Explosive detection systems.
Sec. 609. Air marshal program.
Sec. 610. TSA-related baggage claim issues study.
Sec. 611 .Report on implementation of GAO homeland security information
sharing recommendations.
Sec. 612. Aviation security research and development.
Sec. 613. Perimeter access technology.
Sec. 614. Bereavement fares.
Sec. 615. Review and revision of prohibited items list.
Sec. 616. Report on protecting commercial aircraft from the threat of
man-portable air defense systems.
Sec. 617. Screening devices to detect chemical and plastic explosives.
Sec. 618. Reports on the Federal Air Marshals Program.
Sec. 619. Security of air marshal identity.
Sec. 620. Security monitoring cameras for airport baggage handling
areas.
Sec. 621. Effective date.
TITLE VII--OTHER MATTERS
Sec. 701. Responsibilities and functions of consular officers.
Sec. 702. Increase in full-time border patrol agents.
Sec. 703. Increase in full-time immigration and customs enforcement
investigators.
TITLE VIII--VISA REQUIREMENTS
Sec. 801. In person interviews of visa applicants.
Sec. 802. Visa application requirements.
Sec. 803. Effective date.
TITLE IX--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM
Sec. 901. Establishment.
Sec. 902. Program requirements.
Sec. 903. Administrative provisions.
Sec. 904. Report.
Sec. 905. Authorization of appropriations.
TITLE X-- 911 COMMISSION IMPLEMENTATION ACT OF 2004.
Subtitle A--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
Sec. 1001. Findings.
Sec. 1002. Terrorist sanctuaries.
Sec. 1003. Role of Pakistan in countering terrorism.
Sec. 1004. Aid to Afghanistan.
Sec. 1005. The United States-Saudi Arabia relationship.
Sec. 1006. Efforts to combat Islamist terrorism.
Sec. 1007. United States policy toward dictatorships.
Sec. 1008. Promotion of United States values through broadcast media.
Sec. 1009. Expansion of United States scholarship and exchange programs
in the Islamic world.
Sec. 1010. International youth opportunity fund.
Sec. 1011. The use of economic policies to combat terrorism.
Sec. 1012. Middle East partnership initiative.
Sec. 1013. Comprehensive coalition strategy for fighting terrorism.
Sec. 1014. Treatment of foreign prisoners.
Sec. 1015. Proliferation of weapons of mass destruction.
Sec. 1016. Financing of terrorism.
Sec. 1017. Report to Congress.
Sec. 1018. Effective Date.
Subtitle B--TERRORIST TRAVEL AND EFFECTIVE SCREENING
Sec. 1021. Counterterrorist travel intelligence.
Sec. 1022. Integrated screening system.
Sec. 1023. Biometric entry and exit data system.
Sec. 1024. Travel documents.
Sec. 1025. Exchange of terrorist information and increased
preinspection at foreign airports.
Sec. 1026. Minimum standards for birth certificates.
Sec. 1027. Driver's licenses and personal identification cards.
Sec. 1028. Social security cards.
Sec. 1029. Effective date.
Subtitle C--TRANSPORTATION SECURITY
Sec. 1031. Definitions.
Sec. 1032. National strategy for transportation security.
Sec. 1033. Use of watchlists for passenger air transportation
screening.
Sec. 1034. Enhanced passenger and cargo screening.
Sec. 1035. Effective date.
Subtitle D--NATIONAL PREPAREDNESS
Sec. 1041. The incident command system.
Sec. 1042. National capital region mutual aid.
Sec. 1043. Urban area communications capabilities.
Sec. 1044. Private sector preparedness.
Sec. 1045. Critical infrastructure and readiness assessments.
Sec. 1046. Report on northern command and defense of the united states
homeland.
Sec. 1047. Effective date.
Subtitle E--HOMELAND SECURITY GRANTS
Sec. 1051. Short title.
Sec. 1052. Definitions.
Sec. 1053. Preservation of pre-9/11 grant programs for traditional
first responder missions.
Sec. 1054. Interagency committee to coordinate and streamline homeland
security grant programs.
Sec. 1056. Threat-based homeland security grant program.
Sec. 1057. Eliminating homeland security fraud, waste, and abuse.
Sec. 1058. Flexibility in unspent homeland security funds.
Sec. 1059. Certification relative to the screening of municipal solid
waste transported into the United States.
Subtitle F--PUBLIC SAFETY SPECTRUM
Sec. 1061. Short title; table of contents.
Sec. 1062. Findings.
Sec. 1063. Setting a specific date for the availability of spectrum for
public safety organizations and creating a
deadline for the transition to digital
television.
Sec. 1064. Studies of communications capabilities and needs.
Sec. 1065. Statutory authority for the department of homeland
security's ``safecom'' program.
Sec. 1066. Grant program to provide enhanced interoperability of
communications for first responders.
Sec. 1067. Digital transition public safety communications grant and
consumer assistance fund.
Sec. 1068. Digital transition program.
Sec. 1069. FCC authority to require label requirement for analog
television sets.
Sec. 1070. Report on consumer education program requirements.
Sec. 1071. FCC to issue decision in certain proceedings.
Sec. 1072. Definitions.
Sec. 1073. Effective date.
Subtitle G--PRESIDENTIAL TRANSITION
Sec. 1081. Presidential transition.
TITLE XI--GENERAL PROVISIONS
Sec. 1101. Amendments to Clinger-Cohen provisions to enhance agency
planning for information security needs.
Sec. 1102. Financial disclosure and records.
Sec. 1103. Homeland security geographic information.
Sec. 1704. Urban area communications capabilities.
Sec. 1105. Unified Incident Command Center.
Sec. 1106. Aviation and Transportation Security Act.
Sec. 1107. Liquefied natural gas marine terminals.
Sec. 1108. Report on international air cargo threats.
Sec. 1109. Communication system grants.
Sec. 1110. TSA Field office information technology and
telecommunications report.
Sec. 1111. Intelligence community use of NISAC Capabilities.
Sec. 1112. Nationwide interoperable communications network.
Sec. 1113. Communications interoperability.
Sec. 1114. Deadline for completion of certain plans, reports, and
assessments.
Sec. 1115. Terrorism financing.
Sec. 1116. Private Security Officer Employment Authorization Act of
2004.
Sec. 1117. Biometric standard for VISA applications.
Sec. 1118. Annual report on the allocation of resources within the
office of foreign assets control.
Sec. 1119. Congressional oversight of FBI use of translators.
Sec. 1120. Terrorist watch lists.
Sec. 1121. Regional model strategic plan pilot projects.
Sec. 1122. Border surveillance.
Sec. 1123. Enterprise architecture.
Sec. 1124. Report on use of databases.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``intelligence'' includes foreign intelligence
and counterintelligence.
(2) The term ``foreign intelligence'' means information
relating to the capabilities, intentions, or activities of
foreign governments or elements thereof, foreign organizations,
or foreign persons, or international terrorist activities.
(3) The term ``counterintelligence'' means foreign
intelligence gathered, and information gathering and other
activities conducted, to protect against espionage, other
intelligence activities, sabotage, or assassinations conducted
by or on behalf of foreign governments or elements thereof,
foreign organizations, or foreign persons, or international
terrorist activities, but does not include personnel, physical,
document, or communications security programs.
(4) The term ``intelligence community'' includes the
following:
(A) The National Intelligence Authority.
(B) The Central Intelligence Agency.
(C) The National Security Agency.
(D) The Defense Intelligence Agency.
(E) The National Geospatial-Intelligence Agency.
(F) The National Reconnaissance Office.
(G) Other offices within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs.
(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal
Bureau of Investigation, the Department of Energy, and
the Coast Guard.
(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.
(L) Such other elements of any department or agency
as may be designated by the President, or designated
jointly by the National Intelligence Director and the
head of the department or agency concerned, as an
element of the intelligence community.
(5) The terms ``national intelligence'' and ``intelligence
related to the national security''--
(A) each refer to intelligence which pertains, as
determined consistent with any guidelines issued by the
President, to the interests of more than one department
or agency of the Government; and
(B) do not refer to law enforcement activities
conducted by the Federal Bureau of Investigation except
to the extent provided for in procedures agreed to by
the National Intelligence Director and the Attorney
General, or otherwise as expressly provided for in law.
(6) The term ``National Intelligence Program''--
(A)(i) refers to all national intelligence
programs, projects, and activities of the elements of
the intelligence community;
(ii) includes all programs, projects, and
activities (whether or not pertaining to national
intelligence) of the National Intelligence Authority,
the Central Intelligence Agency, the National Security
Agency, the National Geospatial-Intelligence Agency,
the National Reconnaissance Office, the Directorate of
Intellingence of the Federal Bureau of Investigation,
and the Office of Information Analysis of the
Department of Homeland Security; and
(iii) includes any other program, project, or
activity of a department, agency, or element of the
United States Government relating to national
intelligence unless the National Intelligence Director
and the head of the department, agency, or element
concerned determine otherwise; but
(B) except as provided in subparagraph (A)(ii),
does not refer to any program, project, or activity of
the military departments, including any program,
project, or activity of the Defense Intelligence Agency
that is not part of the National Foreign Intelligence
Program as of the date of the enactment of this Act, to
acquire intelligence principally for the planning and
conduct of joint or tactical military operations by the
United States Armed Forces.
(7) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate;
(B) the Permanent Select Committee on Intelligence
of the House of Representatives;
(C) the Speaker of the House of Representatives and
the Majority Leader and the Minority Leader of the
House of Representatives; and
(D) the Majority Leader and the Minority Leader of
the Senate.
(8) The term ``certified intelligence officer'' means a
professional employee of an element of the intelligence
community who meets standards and qualifications set by the
National Intelligence Director.
TITLE I--NATIONAL INTELLIGENCE AUTHORITY
Subtitle A--National Intelligence Authority
SEC. 101. NATIONAL INTELLIGENCE AUTHORITY.
(a) Independent Establishment.--There is hereby established as an
independent establishment in the executive branch of government the
National Intelligence Authority.
(b) Composition.--The National Intelligence Authority is composed
of the following:
(1) The Office of the National Intelligence Director.
(2) The elements specified in subtitle D.
(3) Such other elements, offices, agencies, and activities
as may be established by law or by the President or the
National Intelligence Director.
(c) Primary Missions.--The primary missions of the National
Intelligence Authority are as follows:
(1) To unify and strengthen the efforts of the intelligence
community of the United States Government.
(2) To ensure the organization of the efforts of the
intelligence community of the United States Government in a
joint manner relating to intelligence missions rather than
through intelligence collection disciplines.
(3) To provide for the operation of the National
Counterterrorism Center and national intelligence centers under
subtitle D.
(4) To eliminate barriers that impede coordination of the
intelligence, including counterterrorism activities of the
United States Government between intelligence activities
located abroad and intelligence activities located abroad and
foreign intelligence activities located domestically while
ensuring the protection of civil liberties.
(5) To establish clear responsibility and accountability
for counterterrorism and other intelligence matters relating to
the national security of the United States.
(d) Seal.--The National Intelligence Director shall have a seal for
the National Intelligence Authority. The design of the seal is subject
to the approval of the President. Judicial notice shall be taken of the
seal.
SEC. 102. NATIONAL INTELLIGENCE DIRECTOR.
(a) National Intelligence Director.--There is a National
Intelligence Director who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Individuals Eligible for Nomination.--Any individual nominated
for appointment as National Intelligence Director shall have extensive
national security expertise.
(c) Prohibition on Simultaneous Service in Other Capacity in
Intelligence Community.--The individual serving as National
Intelligence Director may not, while so serving, serve in any capacity
in any other element of the intelligence community, except to the
extent that the individual serving as National Intelligence Director
does so in an acting capacity.
(d) Principal Duties and Responsibilities.--The National
Intelligence Director shall--
(1) serve as head of the intelligence community in
accordance with the provisions of this Act, the National
Security Act of 1947 (50 U.S.C. 401 et seq.), and other
applicable provisions of law;
(2) act as the principal adviser to the President for
intelligence related to the national security;
(3) serve as the head of the National Intelligence
Authority; and
(4) direct and oversee the National Intelligence Program.
(e) General Responsibilities and Authorities.--In carrying out the
duties and responsibilities set forth in subsection (c), the National
Intelligence Director shall have the responsibilities set forth in
section 112 and the authorities set forth in section 113 and other
applicable provisions of law.
Subtitle B--Responsibilities and Authorities of National Intelligence
Director
SEC. 111. PROVISION OF NATIONAL INTELLIGENCE.
(a) In General.--The National Intelligence Director shall be
responsible for providing national intelligence--
(1) to the President;
(2) to the heads of other departments and agencies of the
executive branch;
(3) to the Chairman of the Joint Chiefs of Staff and senior
military commanders;
(4) to the Senate and House of Representatives and the
committees thereof; and
(5) to such other persons or entities as the President
shall direct.
(b) National Intelligence.--Such national intelligence shall be
timely, objective, independent of political considerations, and based
upon all sources available to the intelligence community.
SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) In General.--The National Intelligence Director shall--
(1) determine the annual budget for the intelligence and
intelligence-related activities of the United States by--
(A) providing to the heads of the departments
containing agencies or elements within the intelligence
community and that have one or more programs, projects,
or activities within the National Intelligence program,
and to the heads of such agencies and elements,
guidance for development of the National Intelligence
Program budget pertaining to such agencies or elements;
(B) developing and presenting to the President an
annual budget for the National Intelligence Program
after consultation with the heads of agencies or
elements, and the heads of their respective
departments, under subparagraph (A);
(C) providing budget guidance to each element of
the intelligence community that does not have one or
more program, project, or activity within the National
Intelligence Program regarding the intelligence and
intelligence-related activities of such element; and
(D) participating in the development by the
Secretary of Defense of the annual budgets for the
military intelligence programs, projects, and
activities not included in the National Intelligence
Program;
(2) manage and oversee appropriations for the National
Intelligence Program, including--
(A) the execution of funds within the National
Intelligence Program;
(B) the reprogramming of funds appropriated or
otherwise made available to the National Intelligence
Program; and
(C) the transfer of funds and personnel under the
National Intelligence Program;
(3) establish the requirements and priorities to govern the
collection, analysis, and dissemination of national
intelligence by elements of the intelligence community;
(4) establish collection and analysis requirements for the
intelligence community following receipt of intelligence needs
and requirements from the consumers of national intelligence,
determine collection and analysis priorities, issue and manage
collection and analysis tasking, and resolve conflicts in the
tasking of elements of the intelligence community within the
National Intelligence Program, except as otherwise agreed with
the Secretary of Defense pursuant to the direction of the
President, while ensuring that the elements of the intelligence
community are able to conduct independent analyses so as to
achieve, to the maximum extent practicable, competitive
analyses;
(5) provide advisory tasking on the collection of
intelligence to elements of the United States Government having
information collection capabilities that are not elements of
the intelligence community;
(6) manage and oversee the National Counterterrorism Center
under section 143, and establish, manage, and oversee national
intelligence centers under section 144;
(7) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
and provide assistance to the Attorney General to ensure that
information derived from electronic surveillance or physical
searches under that Act is disseminated so it may be used
efficiently and effectively for foreign intelligence purposes,
except that the Director shall have no authority to direct,
manage, or undertake electronic surveillance or physical search
operations pursuant to that Act unless otherwise authorized by
statute or Executive order;
(8) develop and implement, in consultation with the heads
of other agencies or elements of the intelligence community,
and the heads of their respective departments, personnel
policies and programs applicable to the intelligence community
that--
(A) encourage and facilitate assignments and
details of personnel to the National Counterterrorism
Center under section 143, to national intelligence
centers under section 144, and between elements of the
intelligence community;
(B) set standards for education, training, and
career development of personnel of the intelligence
community;
(C) encourage and facilitate the recruitment and
retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
(D) ensure that the personnel of the intelligence
community is sufficiently diverse for purposes of the
collection and analysis of intelligence through the
recruitment and training of women, minorities, and
individuals with diverse ethnic, cultural, and
linguistic backgrounds;
(E) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the
Director shall specify;
(F) ensure the effective management of intelligence
community personnel who are responsible for
intelligence community-wide matters;
(G) provide for the effective management of human
capital within the intelligence community, including--
(i) the alignment of human resource
policies and programs of the elements of the
intelligence community with the missions,
goals, and organizational objectives of such
elements and of the intelligence community
overall;
(ii) the assessment of workforce
characteristics and future needs and the
establishment of workforce development
strategies to meet those needs based on
relevant organizational missions and strategic
plans;
(iii) the sustainment of a culture that
encourages and allows for the development of a
high performing workforce; and
(iv) the alignment of expectations for
personnel performance with relevant
organizational missions and strategic plans;
(H) are consistent with the public employment
principles of merit and fitness set forth under section
2301 of title 5, United States Code; and
(I) include the enhancements required under section
114;
(9) promote and evaluate the utility of national
intelligence to consumers within the United States Government;
(10) ensure that appropriate officials of the United States
Government and other appropriate individuals have access to a
variety of intelligence assessments and analytical views;
(11) direct an element or elements of the intelligence
community to conduct competitive analysis of analytic products,
particularly products having national importance;
(12) implement policies and procedures to encourage sound
analytic methods and tradecraft throughout the elements of the
intelligence community and 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;
(13) protect intelligence sources and methods from
unauthorized disclosure;
(14) establish requirements and procedures for the
classification of intelligence information and for access to
classified intelligence information;
(15) establish requirements and procedures for the
dissemination of classified information by elements of the
intelligence community;
(16) establish intelligence reporting guidelines that
maximize the dissemination of information while protecting
intelligence sources and methods;
(17) develop, in consultation with the heads of appropriate
departments and agencies of the United States Government, an
integrated communications network that provides interoperable
communications capabilities among all elements of the
intelligence community and such other entities and persons as
the Director considers appropriate;
(18) establish standards for information technology and
communications for the intelligence community;
(19) ensure that the intelligence community makes efficient
and effective use of open-source information and analysis;
(20) ensure compliance by elements of the intelligence
community with the Constitution and all laws, regulations,
Executive orders, and implementing guidelines of the United
States applicable to the intelligence and intelligence-related
activities of the United States Government, including the
provisions of the Constitution and all laws, regulations,
Executive orders, and implementing guidelines of the United
States applicable to the protection of the privacy and civil
liberties of United States persons;
(21) eliminate waste and unnecessary duplication within the
intelligence community; and
(22) perform such other functions as the President may
direct.
(b) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the National Intelligence Director, shall
establish uniform standards and procedures for the grant of access to
sensitive compartmented information in accordance with section 115.
(c) Consistency of Personnel Policies and Programs With Certain
Other Personnel Policies and Standards.--
(1) The personnel policies and programs developed and
implemented under subsection (a)(8) with respect to members of
the uniformed services shall be consistent with any other
personnel policies and standards applicable to the members of
the uniformed services.
(2) It is the sense of the Senate that the National
Intelligence Director shall seek input from the Secretary of
Defense, the Secretaries of the military departments, and, as
appropriate, the Secretary of Homeland Security in developing
and implementing such policies and programs.
(d) Performance of Common Services.--(1) The National Intelligence
Director shall, in consultation with the heads of departments and
agencies of the United States Government containing elements within the
intelligence community and with the Director of the Central
Intelligence Agency, direct and coordinate the performance by the
elements of the intelligence community within the National Intelligence
Program of such services as are of common concern to the intelligence
community, which services the National Intelligence Director determines
can be more efficiently accomplished in a consolidated manner.
(2) The services performed under paragraph (1) shall include
research and development on technology for use in national intelligence
missions.
(e) Regulations.--The National Intelligence Director may prescribe
regulations relating to the discharge and enforcement of the
responsibilities of the Director under this section.
SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) Access to Intelligence.--Unless otherwise directed by the
President, the National Intelligence Director shall have access to all
intelligence collected by any department, agency, or other element of
the United States Government.
(b) Determination of Budgets for NIP and Other Intelligence
Activities.--The National Intelligence Director shall determine the
annual budget for the intelligence and intelligence-related activities
of the United States Government under section 112(a)(1) by--
(1) providing to the heads of the departments containing
agencies or elements within the intelligence community and that
have one or more programs, projects, or activities within the
National Intelligence program, and to the heads of such
agencies and elements, guidance for development of the National
Intelligence Program budget pertaining to such agencies or
elements;
(2) developing and presenting to the President an annual
budget for the National Intelligence Program after consultation
with the heads of agencies or elements, and the heads of their
respective departments, under paragraph (1), including, in
furtherance of such budget, the review, modification, and
approval of budgets of the agencies or elements of the
intelligence community with one or more programs, projects, or
activities within the National Intelligence Program utilizing
the budget authorities in subsection (c)(1);
(3) providing guidance on the development of annual budgets
for each element of the intelligence community that does not
have any program, project, or activity within the National
Intelligence Program utilizing the budget authorities in
subsection (c)(2);
(4) participating in the development by the Secretary of
Defense of the annual budget for military intelligence programs
and activities outside the National Intelligence Program;
(5) receiving the appropriations for the National
Intelligence Program as specified in subsection (d) and
allotting and allocating funds to agencies and elements of the
intelligence community; and
(6) managing and overseeing the execution by the agencies
or elements of the intelligence community, and, if necessary,
the modification of the annual budget for the National
Intelligence Program, including directing the reprogramming and
transfer of funds, and the transfer of personnel, among and
between elements of the intelligence community within the
National Intelligence Program utilizing the authorities in
subsections (f) and (g).
(c) Budget Authorities.--(1)(A) In developing and presenting an
annual budget for the elements of the intelligence community within the
National Intelligence Program under subsection (b)(1), the National
Intelligence Director shall coordinate, prepare, and present to the
President the annual budgets of those elements, in consultation with
the heads of those elements.
(B) If any portion of the budget for an element of the intelligence
community within the National Intelligence Program is prepared outside
the Office of the National Intelligence Director, the Director--
(i) shall approve such budget before submission to the
President; and
(ii) may modify, or may require modifications, of such
budget to meet the requirements and priorities of the Director
before approving such budget under clause (i).
(C) The budget of an agency or element of the intelligence
community with one or more programs, projects, or activities within the
National Intelligence Program may not be provided to the President
unless the Director has first approved such budget as it pertains to
those programs, projects, and activities within the National
Intelligence Program.
(2)(A) The Director shall provide guidance for the development of
the annual budgets for each agency or element of the intelligence
community that does not have any program, project, or activity within
the National Intelligence Program.
(B) The heads of the agencies or elements of the intelligence
community, and the heads of their respective departments, referred to
in subparagraph (A) shall coordinate closely with the Director in the
development of the budgets of such agencies or elements, before the
submission of their recommendations on such budgets to the President.
(d) Jurisdiction of Funds Under NIP.--(1) Notwithstanding any other
provision of law and consistent with section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any amounts appropriated or
otherwise made available for the National Intelligence Program shall be
appropriated to the National Intelligence Authority and, pursuant to
subsection (e), under the direct jurisdiction of the National
Intelligence Director.
(2) The Director shall manage and oversee the execution by each
element of the intelligence community of any amounts appropriated or
otherwise made available to such element under the National
Intelligence Program.
(e) Accounts for Administration of NIP Funds.--(1) The Secretary of
the Treasury shall, in consultation with the National Intelligence
Director, establish accounts for the funds under the jurisdiction of
the Director under subsection (d) for purposes of carrying out the
responsibilities and authorities of the Director under this Act with
respect to the National Intelligence Program.
(2) The National Intelligence Director shall--
(A) control and manage the accounts established under
paragraph (1); and
(B) with the concurrence of the Director of the Office of
Management and Budget, establish procedures governing the use
(including transfers and reprogrammings) of funds in such
accounts.
(3)(A) To the extent authorized by law, a certifying official shall
follow the procedures established under paragraph (2)(B) with regard to
each account established under paragraph (1). Disbursements from any
such account shall only be made against a valid obligation of such
account.
(B) In this paragraph, the term ``certifying official', with
respect to an element of the intelligence community, means an employee
of the element who has responsibilities specified in section 3528(a) of
title 31, United States Code.
(4) The National Intelligence Director shall allot funds deposited
in an account established under paragraph (1) directly to the elements
of the intelligence community concerned in accordance with the
procedures established under paragraph (2)(B).
(5) Each account established under paragraph (1) shall be subject
to chapters 13 and 15 of title 31, United States Code, other than
sections 1503 and 1556 of that title.
(6) Nothing in this subsection shall be construed to impair or
otherwise affect the authority granted by subsection (g)(3) or by
section 5 or 8 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f, 403j).
(f) Role in Reprogramming or Transfer of NIP Funds by Elements of
Intelligence Community.--(1) No funds made available under the National
Intelligence Program may be reprogrammed or transferred by any agency
or element of the intelligence community without the prior approval of
the National Intelligence Director except in accordance with procedures
issued by the Director.
(2) The head of the department concerned shall consult with the
Director before reprogramming or transferring funds appropriated or
otherwise made available to an agency or element of the intelligence
community that does not have any program, project, or activity within
the National Intelligence Program.
(3) The Director shall, before reprogramming funds appropriated or
otherwise made available for an element of the intelligence community
within the National Intelligence Program, consult with the head of the
department or agency having jurisdiction over such element regarding
such reprogramming.
(4)(A) The Director shall consult with the appropriate committees
of Congress regarding modifications of existing procedures to expedite
the reprogramming of funds within the National Intelligence Program.
(B) Any modification of procedures under subparagraph (A) shall
include procedures for the notification of the appropriate committees
of Congress of any objection raised by the head of a department or
agency to a reprogramming proposed by the Director as a result of
consultations under paragraph (3).
(g) Transfer or Reprogramming of Funds and Transfer of Personnel
Within NIP.--(1) In addition to any other authorities available under
law for such purposes, the National Intelligence Director, with the
approval of the Director of the Office of Management and Budget and
after consultation with the heads of the departments containing
agencies or elements within the intelligence community to the extent
their subordinate agencies or elements are affected, with the heads of
such subordinate agencies or elements, and with the Director of the
Central Intelligence Agency to the extent the Central Intelligence
Agency is affected, may--
(A) transfer or reprogram funds appropriated for a program
within the National Intelligence Program to another such
program;
(B) review, and approve or disapprove, any proposal to
transfer or reprogram funds from appropriations that are not
for the National Intelligence Program to appropriations for the
National Intelligence Program;
(C) in accordance with procedures to be developed by the
National Intelligence Director, transfer personnel of the
intelligence community funded through the National Intelligence
Program from one element of the intelligence community to
another element of the intelligence community; and
(D) in accordance with procedures to be developed by the
National Intelligence Director and the heads of the departments
and agencies concerned, transfer personnel of the intelligence
community not funded through the National Intelligence Program
from one element of the intelligence community to another
element of the intelligence community.
(2) A transfer of funds or personnel may be made under this
subsection only if--
(A) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(B) the transfer does not involve a transfer of funds to
the Reserve for Contingencies; and
(C) the transfer does not exceed applicable ceilings
established in law for such transfers;
(D) the personnel are not uniformed; and
(E) uniformed services personnel, except that the Director
may transfer military positions or billets if such transfer is
for a period not to exceed three years; and
(E) nothing in section 143(i) or 144(f) shall be construed
to authorize the Director to specify or require the head of a
department, agency, or element of the United States Government
to approve a request for the transfer, assignment, or detail of
uniformed services personnel, except that the Director may take
such action with regard to military positions or billets if
such transfer is for a period not to exceed three years.
(3) Funds transferred under this subsection shall remain available
for the same period as the appropriations account to which transferred.
(4) Any transfer of funds under this subsection shall be carried
out in accordance with existing procedures applicable to reprogramming
notifications for the appropriate congressional committees. Any
proposed transfer for which notice is given to the appropriate
congressional committees shall be accompanied by a report explaining
the nature of the proposed transfer and how it satisfies the
requirements of this subsection. In addition, the congressional
intelligence committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which the
transfer would not have otherwise required reprogramming notification
under procedures in effect as of October 24, 1992.
(5)(A) The National Intelligence Director shall promptly submit to
the appropriate committees of Congress a report on any transfer of
personnel made pursuant to this subsection. The Director shall include
in any such report an explanation of the nature of the transfer and how
it satisfies the requirements of this subsection.
(B) In this paragraph, the term ``appropriate committees of
Congress'' means--
(i)(I) the Committee on Appropriations and the Select
Committee on Intelligence of the Senate; and
(II) the Committee on Appropriations and the Permanent
Select Committee on Intelligence of the House of
Representatives;
(ii) in the case of a transfer of personnel to or from the
Department of Defense--
(I) the committees and select committees referred
to in clause (i);
(II) the Committee on Armed Services of the Senate;
and
(III) the Committee on Armed Services of the House
of Representatives;
(iii) in the case of a transfer of personnel to or from the
Federal Bureau of Investigation--
(I) the committees and select committees referred
to in clause (i);
(II) the Committee on the Judiciary of the Senate;
and
(III) the Committee on the Judiciary of the House
of Representatives; and
(iv) in the case of a transfer of personnel to or from the
Department of Homeland Security--
(I) the committees and select committees referred
to in clause (i);
(II) the Committee on Governmental Affairs of the
Senate; and
(III) the Select Committee on Homeland Security of
the House of Representatives.
(h) Information Technology and Communications.--(1) In conforming
with section 206, in carrying out section 112(a)(18), the National
Intelligence Director shall--
(A) establish standards for information technology and
communications across the intelligence community;
(B) develop an integrated information technology network
and enterprise architecture for the intelligence community,
including interface standards for interoperability to enable
automated information-sharing among elements of the
intelligence community;
(C) maintain an inventory of critical information
technology and communications systems, and eliminate
unnecessary or duplicative systems;
(D) establish contingency plans for the intelligence
community regarding information technology and communications;
and
(E) establish policies, doctrine, training, and other
measures necessary to ensure that the intelligence community
develops an integrated information technology and
communications network that ensures information-sharing.
(2) Consistent with section 206 and the Clinger-Cohen Act
(divisions D and E of Public Law 104-106; 110 Stat. 642), the Director
shall take any action necessary, including the setting of standards for
information technology and communications across the intelligence
community, to develop an integrated information technology and
communications network that ensures information-sharing across the
intelligence community.
(i) Coordination With Foreign Governments.--In a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927),
the National Intelligence Director shall oversee and direct the
Director of the Central Intelligence Agency in coordinating, under
section 103(f) of the National Security Act of 1947, the relationships
between elements of the intelligence community and the intelligence or
security services of foreign governments or international organizations
on all matters involving intelligence related to the national security.
(j) Open Source Information Collection.--The National Intelligence
Director shall establish and maintain within the intelligence community
an effective and efficient open-source information collection
capability.
(k) Access to Information.--Except as otherwise directed by the
President, the head of any department, agency, or other element of the
United States Government shall promptly provide the National
Intelligence Director such information in the possession or under the
control of such element as the Director may request in order to
facilitate the exercise of the authorities and responsibilities of the
Director under this Act.
SEC. 114. FUNDING OF INTELLIGENCE ACTIVITIES.
(a) Funding of Activities.--(1) Notwithstanding any other provision
of this Act, appropriated funds available to an intelligence agency may
be obligated or expended for an intelligence or intelligence-related
activity only if--
(A) those funds were specifically authorized by the
Congress for use for such activities;
(B) in the case of funds from the Reserve for Contingencies
of the National Intelligence Director, and consistent with the
provisions of section 503 of the National Security Act of 1947
(50 U.S.C. 413b) concerning any significant anticipated
intelligence activity, the National Intelligence Director has
notified the appropriate congressional committees of the intent
to make such funds available for such activity; or
(C) in the case of funds specifically authorized by the
Congress for a different activity--
(i) the activity to be funded is a higher priority
intelligence or intelligence-related activity; and
(ii) the National Intelligence Director, the
Secretary of Defense, or the Attorney General, as
appropriate, has notified the appropriate congressional
committees of the intent to make such funds available
for such activity.
(2) Nothing in this subsection prohibits the obligation or
expenditure of funds available to an intelligence agency in accordance
with sections 1535 and 1536 of title 31, United States Code.
(b) Applicability of Other Authorities.--Notwithstanding any other
provision of this Act, appropriated funds available to an intelligence
agency may be obligated or expended for an intelligence, intelligence-
related, or other activity only if such obligation or expenditure is
consistent with subsections (b), (c), and (d) of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
(c) Definitions.--In this section:
(1) The term ``intelligence agency'' means any department,
agency, or other entity of the United States involved in
intelligence or intelligence-related activities.
(2) The term ``appropriate congressional committees''
means--
(A)(i) the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the
House of Representatives; and
(ii) the Select Committee on Intelligence and the
Committee on Appropriations of the Senate;
(B) in the case of a transfer of funds to or from,
or a reprogramming within, the Department of Defense--
(i) the committees and select committees
referred to in subparagraph (A);
(ii) the Committee on Armed Services of the
House of Representatives; and
(iii) the Committee on Armed Services of
the Senate; and
(C) in the case of a transfer of funds to or from,
or a reprogramming within, the Federal Bureau of
Investigation--
(i) the committees and select committees
referred to in subparagraph (A);
(ii) the Committee on the Judiciary of the
House of Representatives; and
(iii) the Committee on the Judiciary of the
Senate.
(3) The term ``specifically authorized by the Congress''
means that--
(A) the activity and the amount of funds proposed
to be used for that activity were identified in a
formal budget request to the Congress, but funds shall
be deemed to be specifically authorized for that
activity only to the extent that the Congress both
authorized the funds to be appropriated for that
activity and appropriated the funds for that activity;
or
(B) although the funds were not formally requested,
the Congress both specifically authorized the
appropriation of the funds for the activity and
appropriated the funds for the activity.
SEC. 115. ENHANCED PERSONNEL MANAGEMENT.
(a) Rewards for Service in Certain Positions.--(1) The National
Intelligence Director shall prescribe regulations to provide incentives
for service on the staff of the national intelligence centers, on the
staff of the National Counterterrorism Center, and in other positions
in support of the intelligence community management functions of the
Director.
(2) Incentives under paragraph (1) may include financial
incentives, bonuses, and such other awards and incentives as the
Director considers appropriate.
(b) Enhanced Promotion for Service Under NID.--Notwithstanding any
other provision of law, the National Intelligence Director shall ensure
that personnel of an element of the intelligence community who are
assigned or detailed to service under the National Intelligence
Director shall be promoted at rates equivalent to or better than
personnel of such element who are not so assigned or detailed.
(c) Joint Career Matters.--(1) In carrying out section 112(a)(8),
the National Intelligence Director shall prescribe mechanisms to
facilitate the rotation of personnel of the intelligence community
through various elements of the intelligence community in the course of
their careers in order to facilitate the widest possible understanding
by such personnel of the variety of intelligence requirements, methods,
and disciplines.
(2) The mechanisms prescribed under paragraph (1) may include the
following:
(A) The establishment of special occupational categories
involving service, over the course of a career, in more than
one element of the intelligence community.
(B) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two
or more elements of the intelligence community.
(C) The establishment of requirements for education,
training, service, and evaluation that involve service in more
than one element of the intelligence community.
(3) It is the sense of Congress that the mechanisms prescribed
under this subsection should, to the extent practical, seek to
duplicate within the intelligence community the joint officer
management policies established by the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 (Public Law 99-433) and the
amendments on joint officer management made by that Act.
SEC. 116. SECURITY CLEARANCES.
(a) In General.--The President, in consultation with the National
Intelligence Director, the department, agency, or element selected
under (b), and other appropriate officials shall--
(1) establish uniform standards and procedures for the
grant of access to classified information for employees and
contractor personnel of the United States Government who
require access to such information;
(2) ensure the consistent implementation of the standards
and procedures established under paragraph (1) throughout the
departments, agencies, and elements of the United States
Government and under contracts entered into by such
departments, agencies, and elements;
(3) ensure that an individual who is granted or continued
eligibility for access to classified information is treated by
each department, agency, or element of the executive branch as
eligible for access to classified information at that level for
all purposes of each such department, agency, or element,
regardless of which department, agency, or element of the
executive branch granted or continued the eligibility of such
individual for access to classified information;
(4) establish uniform requirements and standards, including
for security questionnaires, financial disclosure requirements,
and standards for administering polygraph examinations, to be
utilized for the performance of security clearance
investigations, including by the contractors conducting such
investigations; and
(5) ensure that the database established under subsection
(b)(2)(B) meets the needs of the intelligence community.
(b) Performance of Security Clearance Investigations.--(1) Not
later than 45 days after the date of the enactment of this Act, the
President shall select a single department, agency, or element of the
executive branch to conduct all security clearance investigations of
employees and contractor personnel of the United States Government who
require access to classified information and to provide and maintain
all security clearances of such employees and contractor personnel.
(2) The department, agency, or element selected under paragraph (1)
shall--
(A) take all necessary actions to carry out the
requirements of this section, including entering into a
memorandum of understanding with any agency carrying
out responsibilities relating to security clearances or
security clearance investigations before the date of
the enactment of this Act;
(B) as soon as practicable, establish and maintain
a single database for tracking security clearance
applications, security clearance investigations, and
determinations of eligibility for security clearances,
which database shall incorporate applicable elements of
similar databases in existence on the date of the
enactment of this Act; and
(C) ensure that security clearance investigations
are conducted in accordance with uniform standards and
requirements established under subsection (a)(4),
including uniform security questionnaires and financial
disclosure requirements.
(c) Adjudication and Grant of Security Clearances.--(1) Each agency
that adjudicates and grants security clearances as of the date of the
enactment of this Act may continue to adjudicate and grant security
clearances after that date.
(2) Each agency that adjudicates and grants security clearances
shall specify to the department, agency, or element selected under
subsection (b) the level of security clearance investigation required
for an individual under its jurisdiction.
(3) Upon granting or continuing eligibility for access to
classified information to an individual under its jurisdiction, an
agency that adjudicates and grants security clearances shall submit to
the department, agency, or element selected under subsection (b) notice
of that action, including the level of access to classified information
granted.
(d) Utilization of Personnel.--There shall be transferred to the
department, agency, or element selected under subsection (b) any
personnel of any executive agency whose sole function as of the date of
the enactment of this Act is the performance of security clearance
investigations.
(e) Transition.--The President shall take appropriate actions to
ensure that the performance of security clearance investigations under
this section commences not later than one year after the date of the
enactment of this Act.
SEC. 117. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) Establishment.--The National Intelligence Director may provide
for the establishment and training of a National Intelligence Reserve
Corps (in this section referred to as ``National Intelligence Reserve
Corps'') for the temporary reemployment on a voluntary basis of former
employees of elements of the intelligence community during periods of
emergency, as determined by the Director.
(b) Eligible Individuals.--An individual may participate in the
National Intelligence Reserve Corps only if the individual previously
served as a full time employee of an element of the intelligence
community.
(c) Personnel Strength Level.--Congress shall authorize the
personnel strength level for the National Intelligence Reserve Corps
for each fiscal year.
(d) Terms of Participation.--The National Intelligence Director
shall prescribe the terms and conditions under which eligible
individuals may participate in the National Intelligence Reserve Corps.
(e) Expenses.--The National Intelligence Director may provide
members of the National Intelligence Reserve Corps transportation and
per diem in lieu of subsistence for purposes of participating in any
training that relates to service as a member of the Reserve Corps.
(f) Treatment of Annuitants.--(1) If an annuitant receiving an
annuity from the Civil Service Retirement and Disability Fund becomes
temporarily reemployed pursuant to this section, such annuity shall not
be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an employee
for the purposes of chapter 83 or 84 of title 5, United States Code.
(g) Treatment Under National Intelligence Authority Personnel
Ceiling.--A member of the National Intelligence Reserve Corps who is
reemployed on a temporary basis pursuant to this section shall not
count against any personnel ceiling applicable to the National
Intelligence Authority.
SEC. 118. APPOINTMENT AND TERMINATION OF CERTAIN OFFICIALS RESPONSIBLE
FOR INTELLIGENCE-RELATED ACTIVITIES.
(a) Recommendation of NID in Certain Appointment.--In the event of
a vacancy in the position of Director of the Central Intelligence
Agency, the National Intelligence Director shall recommend to the
President an individual for nomination to fill the vacancy.
(b) NID Recommendation or Concurrence in Certain Appointments.--
With respect to any position as head of an agency, organization, or
element within the intelligence community (other than the Director of
the Central Intelligence Agency)--
(1) if the appointment to such position is made by the
President, any recommendation to the President to nominate or
appoint an individual to such position shall be accompanied by
the recommendation of the National Intelligence Director with
respect to the nomination or appointment of such individual to
such position; and
(2) if the appointment to such position is made by the head
of the department containing such agency, organization, or
element, the Director of the Central Intelligence Agency, or a
subordinate official of such department or of the Central
Intelligence Agency, no individual may be appointed to such
position without the concurrence of the National Intelligence
Director.
(c) Presidential Authority.--This section, and the amendments made
by this section, shall apply to the fullest extent consistent with the
authority of the President under the Constitution relating to
nomination, appointment, and supervision of the unitary executive
branch.
(d) Recommendation of NID on Termination of Service.--(1) The
National Intelligence Director may recommend to the President or the
head of the department or agency concerned the termination of service
of any individual serving in any position covered by this section.
(2) In the event the Director intends to recommend to the President
the termination of service of an individual under paragraph (1), the
Director shall seek the concurrence of the head of the department or
agency concerned. If the head of the department or agency concerned
does not concur in the recommendation, the Director may make the
recommendation to the President without the concurrence of the head of
the department or agency concerned, but shall notify the President that
the head of the department or agency concerned does not concur in the
recommendation.
(e) Conforming Amendments.--(1) Section 201 of title 10, United
States Code, is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(C) by striking ``Director of Central Intelligence'' each
place it appears and inserting ``National Intelligence
Director'';
(D) in subsection (a), as so redesignated--
(i) in paragraph (1)--
(I) by striking ``seek'' and inserting
``obtain''; and
(II) by striking the second sentence; and
(ii) in paragraph (2)--
(I) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
and
(II) by inserting after subparagraph (A)
the following new subparagraph (B):
``(B) The Director of the Defense Intelligence Agency.'';
and
(E) in paragraph (2) of subsection (b), as so
redesignated--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the
following new subparagraph (B):
``(B) The Director of the Defense Intelligence Agency.''.
(2)(A) The heading of such section is amended by striking
``consultation and''.
(B) The table of sections at the beginning of subchapter II of
chapter 8 of such title is amended in the item relating to section 201
by striking ``consultation and''.
SEC. 119. RESERVE FOR CONTINGENCIES.
(a) Establishment.--There is hereby established on the books of the
Treasury an account to be known as the Reserve for Contingencies for
the National Intelligence Director and the Director of the Central
Intelligence Agency.
(b) Elements.--The Reserve shall consist of the following elements:
(1) Amounts authorized to be appropriated to the Reserve.
(2) Any amounts authorized to be transferred to or
deposited in the Reserve by law.
(c) Availability.--Amounts in the Reserve shall be available for
such purposes as are provided by law. Any use of funds from the Reserve
shall be subject to the direction and approval of the National
Intelligence Director and in accordance with procedures issued by the
Director.
(d) Transfer of Funds of Reserve for Contingencies of CIA.--There
shall be transferred to the Reserve for Contingencies all unobligated
balances of the Reserve for Contingencies of the Central Intelligence
Agency as of the date of the enactment of this Act.
Subtitle C--Office of the National Intelligence Director
SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) Office of National Intelligence Director.--There is within the
National Intelligence Authority an Office of the National Intelligence
Director.
(b) Function.--The function of the Office of the National
Intelligence Director is to assist the National Intelligence Director
in carrying out the duties and responsibilities of the Director under
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.),
and other applicable provisions of law, and to carry out such other
duties as may be prescribed by the President or by law.
(c) Composition.--The Office of the National Intelligence Director
is composed of the following:
(1) The Principal Deputy National Intelligence Director.
(2) Any Deputy National Intelligence Director appointed
under section 122(b).
(3) The National Intelligence Council.
(4) The General Counsel of the National Intelligence
Authority.
(5) The Officer for Civil Rights and Civil Liberties of the
National Intelligence Authority.
(6) The Privacy Officer of the National Intelligence
Authority.
(7) The Chief Information Officer of the National
Intelligence Authority.
(8) The Chief Human Capital Officer of the National
Intelligence Authority.
(9) The Chief Financial Officer of the National
Intelligence Authority.
(10) The Chief Scientist of the National Intelligence
Authority.
(11) The National Counterintelligence Executive (including
the Office of the National Counterintelligence Executive).
(12) Such other offices and officials as may be established
by law or the Director may establish or designate in the
Office.
(d) Staff.--(1) To assist the National Intelligence Director in
fulfilling the duties and responsibilities of the Director, the
Director shall employ and utilize in the Office of the National
Intelligence Director a professional staff having an expertise in
matters relating to such duties and responsibilities, and may establish
permanent positions and appropriate rates of pay with respect to that
staff.
(2) The staff of the Office of the National Intelligence Director
under paragraph (1) shall include the staff of the Office of the Deputy
Director of Central Intelligence for Community Management that is
transferred to the Office of the National Intelligence Director under
section 321.
(e) Prohibition on Co-Location With Other Elements of Intelligence
Community.--Commencing as of October 1, 2006, the Office of the
National Intelligence Director may not be co-located with any other
element of the intelligence community.
SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.
(a) Principal Deputy National Intelligence Director.--(1) There is
a Principal Deputy National Intelligence Director who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) In the event of a vacancy in the position of Principal Deputy
National Intelligence Director, the National Intelligence Director
shall recommend to the President an individual for appointment as
Principal Deputy National Intelligence Director.
(3) Any individual nominated for appointment as Principal Deputy
National Intelligence Director shall have extensive national security
experience and management expertise.
(4) The individual serving as Principal Deputy National
Intelligence Director may not, while so serving, serve in any capacity
in any other element of the intelligence community, except to the
extent that the individual serving as Principal Deputy National
Intelligence Director is doing so in an acting capacity.
(5) The Principal Deputy National Intelligence Director shall
assist the National Intelligence Director in carrying out the duties
and responsibilities of the Director.
(6) The Principal Deputy National Intelligence Director shall act
for, and exercise the powers of, the National Intelligence Director
during the absence or disability of the National Intelligence Director
or during a vacancy in the position of National Director of
Intelligence.
(b) Deputy National Intelligence Directors.--(1) There may be not
more than four Deputy National Intelligence Directors who shall be
appointed by the President.
(2) In the event of a vacancy in any position of Deputy National
Intelligence Director established under this subsection, the National
Intelligence Director shall recommend to the President an individual
for appointment to such position.
(3) Each Deputy National Intelligence Director appointed under this
subsection shall have such duties, responsibilities, and authorities as
the National Intelligence Director may assign or are specified by law.
SEC. 123. NATIONAL INTELLIGENCE COUNCIL.
(a) National Intelligence Council.--There is a National
Intelligence Council.
(b) Composition.--(1) The National Intelligence Council shall be
composed of senior analysts within the intelligence community and
substantive experts from the public and private sector, who shall be
appointed by, report to, and serve at the pleasure of, the National
Intelligence Director.
(2) The Director shall prescribe appropriate security requirements
for personnel appointed from the private sector as a condition of
service on the Council, or as contractors of the Council or employees
of such contractors, to ensure the protection of intelligence sources
and methods while avoiding, wherever possible, unduly intrusive
requirements which the Director considers to be unnecessary for this
purpose.
(c) Duties and Responsibilities.--(1) The National Intelligence
Council shall--
(A) produce national intelligence estimates for the United
States Government, including alternative views held by elements
of the intelligence community and other information as
specified in paragraph (2);
(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection and production; and
(C) otherwise assist the National Intelligence Director in
carrying out the responsibilities of the Director under section
111.
(2) The National Intelligence Director shall ensure that the
Council satisfies the needs of policymakers and other consumers of
intelligence by ensuring that each national intelligence estimate under
paragraph (1), and each other National Intelligence Council product--
(A) states separately, and distinguishes between, the
intelligence underlying such estimate or product and the
assumptions and judgments of analysts with respect to such
intelligence and such estimate or product;
(B) describes the quality and reliability of the
intelligence underlying such estimate or product;
(C) presents and explains alternative conclusions, if any,
with respect to the intelligence underlying such estimate or
product and such estimate or product, as the case may be; and
(D) characterizes the uncertainties, if any, and confidence
in such estimate or product.
(d) Service as Senior Intelligence Advisers.--Within their
respective areas of expertise and under the direction of the National
Intelligence Director, the members of the National Intelligence Council
shall constitute the senior intelligence advisers of the intelligence
community for purposes of representing the views of the intelligence
community within the United States Government.
(e) Authority To Contract.--Subject to the direction and control of
the National Intelligence Director, the National Intelligence Council
may carry out its responsibilities under this section by contract,
including contracts for substantive experts necessary to assist the
Council with particular assessments under this section.
(f) Staff.--The National Intelligence Director shall make available
to the National Intelligence Council such staff as may be necessary to
permit the Council to carry out its responsibilities under this
section.
(g) Availability of Council and Staff.--(1) The National
Intelligence Director shall take appropriate measures to ensure that
the National Intelligence Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
(h) Support.--The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the National
Intelligence Council, including the preparation of intelligence
analyses, as may be required by the National Intelligence Director.
(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.
SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) General Counsel of National Intelligence Authority.--There is a
General Counsel of the National Intelligence Authority who shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) Prohibition on Dual Service as General Counsel of Another
Agency.--The individual serving in the position of General Counsel of
the National Intelligence Authority may not, while so serving, also
serve as the General Counsel of any other department, agency, or
element of the United States Government.
(c) Scope of Position.--The General Counsel of the National
Intelligence Authority is the chief legal officer of the National
Intelligence Authority.
(d) Functions.--The General Counsel of the National Intelligence
Authority shall perform such functions as the National Intelligence
Director may prescribe.
SEC. 125. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE NATIONAL
INTELLIGENCE AUTHORITY.
(a) Officer for Civil Rights and Civil Liberties of National
Intelligence Authority.--There is an Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority who shall be appointed
by the National Intelligence Director.
(b) Supervision.--The Officer for Civil Rights and Civil Liberties
of the National Intelligence Authority shall report directly to the
National Intelligence Director.
(c) Duties.--The Officer for Civil Rights and Civil Liberties of
the National Intelligence Authority shall--
(1) assist the National Intelligence Director in ensuring
that the protection of civil rights and civil liberties, as
provided in the Constitution, laws, regulations, and Executive
orders of the United States, is appropriately incorporated in--
(A) the policies and procedures developed for and
implemented by the National Intelligence Authority;
(B) the policies and procedures regarding the
relationships among the elements of the intelligence
community within the National Intelligence Program; and
(C) the policies and procedures regarding the
relationships between the elements of the intelligence
community within the National Intelligence Program and
the other elements of the intelligence community;
(2) oversee compliance by the Authority, and in the
relationships described in paragraph (1), with requirements
under the Constitution and all laws, regulations, Executive
orders, and implementing guidelines relating to civil rights
and civil liberties;
(3) review, investigate, and assess complaints and other
information indicating possible abuses of civil rights or civil
liberties, as provided in the Constitution, laws, regulations,
and Executive orders of the United States, in the
administration of the programs and operations of the Authority,
and in the relationships described in paragraph (1), unless, in
the determination of the Inspector General of the National
Intelligence Authority, the review, investigation, or
assessment of a particular complaint or information can better
be conducted by the Inspector General;
(4) coordinate with the Privacy Officer of the National
Intelligence Authority to ensure that programs, policies, and
procedures involving civil rights, civil liberties, and privacy
considerations are addressed in an integrated and comprehensive
manner; and
(5) perform such other duties as may be prescribed by the
Director or specified by law.
SEC. 126. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) Privacy Officer of National Intelligence Authority.--There is a
Privacy Officer of the National Intelligence Authority who shall be
appointed by the National Intelligence Director.
(b) Duties.--(1) The Privacy Officer of the National Intelligence
Authority shall have primary responsibility for the privacy policy of
the National Intelligence Authority (including in the relationships
among the elements of the intelligence community within the National
Intelligence Program and the relationships between the elements of the
intelligence community within the National Intelligence Program and the
other elements of the intelligence community).
(2) In discharging the responsibility under paragraph (1), the
Privacy Officer shall--
(A) assure that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection, and
disclosure of personal information;
(B) assure that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as set out in the Privacy Act of 1974;
(C) conduct privacy impact assessments when appropriate or
as required by law; and
(D) coordinate with the Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority to ensure that
programs, policies, and procedures involving civil rights,
civil liberties, and privacy considerations are addressed in an
integrated and comprehensive manner.
SEC. 127. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Chief Information Officer of National Intelligence Authority.--
There is a Chief Information Officer of the National Intelligence
Authority who shall be appointed by the National Intelligence Director.
(b) Duties.--The Chief Information Officer of the National
Intelligence Authority shall--
(1) assist the National Intelligence Director in
implementing the responsibilities and executing the authorities
related to information technology under paragraphs (17) and
(18) of section 112(a) and section 113(h); and
(2) perform such other duties as may be prescribed by the
Director or specified by law.
SEC. 128. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Chief Human Capital Officer of National Intelligence
Authority.--There is a Chief Human Capital Officer of the National
Intelligence Authority who shall be appointed by the National
Intelligence Director.
(b) Duties.--The Chief Human Capital Officer of the National
Intelligence Authority shall--
(1) have the functions and authorities provided for Chief
Human Capital Officers under sections 1401 and 1402 of title 5,
United States Code, with respect to the National Intelligence
Authority; and
(2) advise and assist the National Intelligence Director in
exercising the authorities and responsibilities of the Director
with respect to the workforce of the intelligence community as
a whole.
SEC. 129. CHIEF FINANCIAL OFFICER OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Chief Financial Officer of National Intelligence Authority.--
There is a Chief Financial Officer of the National Intelligence
Authority who shall be designated by the President, in consultation
with the National Intelligence Director.
(b) Designation Requirements.--The designation of an individual as
Chief Financial Officer of the National Intelligence Authority shall be
subject to applicable provisions of section 901(a) of title 31, United
States Code.
(c) Authorities and Functions.--The Chief Financial Officer of the
National Intelligence Authority shall--
(1) have such authorities, and carry out such functions,
with respect to the National Intelligence Authority as are
provided for an agency Chief Financial Officer by section 902
of title 31, United States Code, and other applicable
provisions of law;
(2) assist the National Intelligence Director in the
preparation and execution of the budget of the elements of the
intelligence community within the National Intelligence
Program;
(3) assist the Director in participating in the development
by the Secretary of Defense of the annual budget for military
intelligence programs and activities outside the National
Intelligence Program;
(4) provide unfettered access to the Director to financial
information under the National Intelligence Program; and
(5) perform such other duties as may be prescribed by the
Director or specified by law.
(d) Coordination With NIA Comptroller.--(1) The Chief Financial
Officer of the National Intelligence Authority shall coordinate with
the Comptroller of the National Intelligence Authority in exercising
the authorities and performing the functions provided for the Chief
Financial Officer under this section.
(2) The National Intelligence Director shall take such actions as
are necessary to prevent duplication of effort by the Chief Financial
Officer of the National Intelligence Authority and the Comptroller of
the National Intelligence Authority.
(e) Integration of Financial Systems.--Subject to the supervision,
direction, and control of the National Intelligence Director, the Chief
Financial Officer of the National Intelligence Authority shall take
appropriate actions to ensure the timely and effective integration of
the financial systems of the National Intelligence Authority (including
any elements or components transferred to the Authority by this Act),
and of the financial systems of the Authority with applicable portions
of the financial systems of the other elements of the intelligence
community, as soon as possible after the date of the enactment of this
Act.
(f) Protection of Annual Financial Statement From Disclosure.--The
annual financial statement of the National Intelligence Authority
required under section 3515 of title 31, United States Code--
(1) shall be submitted in classified form; and
(2) notwithstanding any other provision of law, shall be
withheld from public disclosure.
SEC. 130. CHIEF SCIENTIST OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) Chief Scientist of National Intelligence Authority.--There is a
Chief Scientist of the National Intelligence Authority who shall be
appointed by the National Intelligence Director.
(b) Requirement Relating to Appointment.--An individual appointed
as Chief Scientist of the National Intelligence Authority shall have a
professional background and experience appropriate for the duties of
the Chief Scientist.
(c) Duties.--The Chief Scientist of the National Intelligence
Authority shall--
(1) act as the chief representative of the National
Intelligence Director for science and technology;
(2) chair the National Intelligence Authority 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 National Intelligence Authority;
and
(5) perform other such duties as may be prescribed by
Director or by law.
(d) National Intelligence Authority Science and Technology
Committee.--(1) There is within the Office of the Chief Scientist of
the National Intelligence Authority a National Intelligence Authority
Science and Technology Committee.
(2) The Committee shall be composed of 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 Chief Scientist of
the National Intelligence Authority shall prescribe.
SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) National Counterintelligence Executive.--The National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402b et seq.), as amended by section 310 of this
Act, is a component of the Office of the National Intelligence
Director.
(b) Duties.--The National Counterintelligence Executive shall
perform the duties provided in the Counterintelligence Enhancement Act
of 2002, as so amended, and such other duties as may be prescribed by
the National Intelligence Director or specified by law.
Subtitle D--Additional Elements of National Intelligence Authority
SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) Inspector General of National Intelligence Authority.--There is
an Inspector General of the National Intelligence Authority. The
Inspector General of the National Intelligence Authority and the Office
of the Inspector General of the National Intelligence Authority shall
be subject to the provisions of the Inspector General Act of 1978 (5
U.S.C. App.).
(b) Amendments to Inspector General Act of 1978 Relating to
Inspector General of National Intelligence Authority.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8J as section 8K; and
(2) by inserting after section 8I the following new
section:
``special provisions concerning the national intelligence authority
``Sec. 8J. (a)(1) Notwithstanding the last 2 sentences of section
3(a), the Inspector General of the National Intelligence Authority (in
this section referred to as the `Inspector General') shall be under the
authority, direction, and control of the National Intelligence Director
(in this section referred to as the `Director') with respect to audits
or investigations, or the issuance of subpoenas, which require access
to information concerning intelligence or counterintelligence matters
the disclosure of which would constitute a serious threat to national
security.
``(2) With respect to information described in paragraph (1), the
Director may prohibit the Inspector General from initiating, carrying
out, or completing any investigation, inspection, or audit, or from
issuing any subpoena, if the Director determines that such prohibition
is necessary to preserve the vital national security interests of the
United States.
``(3) If the Director exercises the authority under paragraph (1)
or (2), the Director shall submit to the congressional intelligence
committees an appropriately classified statement of the reasons for the
exercise of such authority within 7 days.
``(4) The Director shall advise the Inspector General at the time a
report under paragraph (3) is submitted, and, to the extent consistent
with the protection of intelligence sources and methods, provide the
Inspector General with a copy of such report.
``(5) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the Inspector
General has notice under paragraph (4) that the Inspector General
considers appropriate.
``(b) In addition to the qualifications for the appointment of the
Inspector General under section 3(a), the Inspector General shall be
appointed on the basis of prior experience in the field of intelligence
or national security.
``(c)(1)(A) In addition to the duties and responsibilities of the
Inspector General specified elsewhere in this Act, the Inspector
General shall, for the purpose stated in subparagraph (B), provide
policy direction for, and conduct, supervise, and coordinate audits and
investigations relating to--
``(i) the coordination and collaboration among elements of
the intelligence community within the National Intelligence
Program; and
``(ii) the coordination and collaboration between elements
of the intelligence community within the National Intelligence
Program and other elements of the intelligence community.
``(B) The Inspector General shall conduct the activities described
in subparagraph (A) to ensure that the coordination and collaboration
referred to in that paragraph is conducted efficiently and in
accordance with applicable law and regulation.
``(C) Before undertaking any investigation, inspection, or audit
under subparagraph (A), the Inspector General shall consult with any
other inspector general having responsibilities regarding an element of
the intelligence community whose activities are involved in the
investigation, inspection, or audit for the purpose of avoiding
duplication of effort and ensuring effective coordination and
cooperation.
``(2) In addition to the matters of which the Inspector General is
required to keep the Director and Congress fully and currently informed
under section 4(a), the Inspector General shall--
``(A) keep the Director and Congress fully and currently
informed concerning--
``(i) violations of civil liberties and privacy
that may occur in the programs and operations of the
National Intelligence Authority; and
``(ii) violations of law and regulations,
violations of civil liberties and privacy, and fraud
and other serious problems, abuses, and deficiencies
that may occur in the coordination and collaboration
referred to in clauses (i) and (ii) of paragraph
(1)(A); and
``(B) report the progress made in implementing corrective
action with respect to the matters referred to in subparagraph
(A).
``(3) To enable the Inspector General to fully and effectively
carry out the duties and responsibilities specified in this Act, the
Inspector General and the inspectors general of the other elements of
the intelligence community shall coordinate their internal audit,
inspection, and investigative activities to avoid duplication and
ensure effective coordination and cooperation.
``(4) The Inspector General shall take due regard for the
protection of intelligence sources and methods in the preparation of
all reports issued by the Inspector General, and, to the extent
consistent with the purpose and objective of such reports, take such
measures as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports.
``(d)(1) Each semiannual report prepared by the Inspector General
under section 5(a) shall--
``(A) include an assessment of the effectiveness of all
measures in place in the National Intelligence Authority for
the protection of civil liberties and privacy of United States
persons; and
``(B) be transmitted by the Director to the congressional
intelligence committees.
``(2) In addition the duties of the Inspector General and the
Director under section 5(d)--
``(A) the Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or
deficiencies relating to--
``(i) the coordination and collaboration among
elements of the intelligence community within the
National Intelligence Program; and
``(ii) the coordination and collaboration between
elements of the intelligence community within the
National Intelligence Program and other elements of the
intelligence community; and
``(B) the Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within 7 calendar days of receipt of such report, together with
such comments as the Director considers appropriate.
``(3) Any report required to be transmitted by the Director to the
appropriate committees or subcommittees of Congress under section 5(d)
shall also be transmitted, within the 7-day period specified in that
section, to the congressional intelligence committees.
``(4) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
``(B) an investigation, inspection, or audit carried out by
the Inspector General should focus on any current or former
National Intelligence Authority official who holds or held a
position in the Authority that is subject to appointment by the
President, by and with the advice and consent of the Senate,
including such a position held on an acting basis;
``(C) a matter requires a report by the Inspector General
to the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
``(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report on
such matter to the congressional intelligence committees.
``(5) Pursuant to title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), the Director shall submit to the congressional
intelligence committees any report or findings and recommendations of
an investigation, inspection, or audit conducted by the office which
has been requested by the Chairman or Ranking Minority Member of either
committee.
``(e)(1) In addition to the other authorities of the Inspector
General under this Act, the Inspector General shall have access to any
personnel of the National Intelligence Authority, or any employee of a
contractor of the Authority, whose testimony is needed for the
performance of the duties of the Inspector General. Whenever such
access is, in the judgment of the Inspector General, unreasonably
refused or not provided, the Inspector General shall report the
circumstances to the Director without delay.
``(2) Failure on the part of any employee or contractor of the
National Intelligence Authority to cooperate with the Inspector General
shall be grounds for appropriate administrative actions by the
Director, including loss of employment or termination of an existing
contractual relationship.
``(3) Whenever, in the judgment of the Director, an element of the
intelligence community that is part of the National Intelligence
Program has unreasonably refused or not provided information or
assistance requested by the Inspector General under paragraph (1) or
(3) of section 6(a), the Director shall so inform the head of the
element, who shall promptly provide such information or assistance to
the Inspector General.
``(4) The level of classification or compartmentalization of
information shall not, in and of itself, provide a sufficient rationale
for denying the Inspector General access to any materials under section
6(a).
``(f) In addition to the authorities and requirements in section 7
regarding the receipt of complaints by the Inspector General--
``(1) the Inspector General is authorized to receive and
investigate complaints or information from any person
concerning the existence of an activity constituting a
violation of laws, rules, or regulations, or mismanagement,
gross waste of funds, abuse of authority, or a substantial and
specific danger to the public health and safety; and
``(2) once such complaint or information has been received
from an employee of the Federal Government--
``(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines that
such disclosure is unavoidable during the course of the
investigation or the disclosure is made to an official
of the Department of Justice responsible for
determining whether a prosecution should be undertaken;
and
``(B) no action constituting a reprisal, or threat
of reprisal, for making such complaint may be taken by
any employee in a position to take such actions, unless
the complaint was made or the information was disclosed
with the knowledge that it was false or with willful
disregard for its truth or falsity.
``(g) In this section, the terms `congressional intelligence
committees', `intelligence community', and `National Intelligence
Program' have the meanings given such terms in section 2 of the
National Intelligence Reform Act of 2004.''.
(c) Technical and Conforming Amendments to Inspector General Act of
1978.--(1)(A) Section 8H(a)(1) of the Inspector General Act of 1978 (5
U.S.C. App.) is further amended--
(i) by redesignating subparagraph (C) as subparagraph (D);
and
(ii) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) An employee of the National Intelligence Authority, of an
entity other than the Authority who is assigned or detailed to the
Authority, or of a contractor of the Authority who intends to report to
Congress a complaint or information with respect to an urgent concern
may report the complaint or information to the Inspector General of the
National Intelligence Authority.''.
(B) In support of this paragraph, Congress makes the findings set
forth in paragraphs (1) through (6) of section 701(b) of the
Intelligence Community Whistleblower Protection Act of 1998 (title VII
of Public Law 105-272; 5 U.S.C. App. 8H note).
(2) The Inspector General Act of 1978 is further amended--
(A) in section 8K, as redesignated by subsection (b)(1) of
this section, by striking ``8F or 8H'' and inserting ``8F, 8H,
8I, or 8J''; and
(B) in section 11--
(i) in paragraph (1), by inserting ``the National
Intelligence Director;'' after ``the Attorney
General;''; and
(ii) in paragraph (2), by inserting ``the National
Intelligence Authority,'' after ``the National
Aeronautics and Space Administration,''.
(d) Separate Budget Account.--The National Intelligence Director
shall, in accordance with procedures to be issued by the Director in
consultation with congressional intelligence committees, include in the
National Intelligence Program budget a separate account for the Office
of Inspector General of the National Intelligence Authority.
(e) Sense of Congress on Adoption of Standards of Review.--It is
the sense of Congress that the Inspector General of the National
Intelligence Authority, in consultation with other Inspectors General
of the intelligence community and the President's Council on Integrity
and Efficiency, should adopt standards for review and related precedent
that are generally used by the intelligence community for reviewing
whistleblower reprisal complaints made under sections 7 and 8J(f) of
the Inspector General Act of 1978.
SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) Ombudsman of National Intelligence Authority.--There is within
the National Intelligence Authority an Ombudsman of the National
Intelligence Authority who shall be appointed by the National
Intelligence Director.
(b) Duties.--The Ombudsman of the National Intelligence Authority
shall--
(1) counsel, arbitrate, or offer recommendations on, and
have the authority to initiate inquiries into, real or
perceived problems of politicization, biased reporting, or lack
of objective analysis within the National Intelligence
Authority, or any element of the intelligence community within
the National Intelligence Program, or regarding any analysis of
national intelligence by any element of the intelligence
community;
(2) monitor the effectiveness of measures taken to deal
with real or perceived politicization, biased reporting, or
lack of objective analysis within the Authority, or any element
of the intelligence community within the National Intelligence
Program, or regarding any analysis of national intelligence by
any element of the intelligence community; and
(3) conduct regular and detailed reviews of the analytic
product or products of the Authority, or any element of the
intelligence community within the National Intelligence
Program, or of any analysis of national intelligence by any
element of the intelligence community, with such reviews to be
conducted so as to ensure that analysis is timely, objective,
independent of political considerations, based upon all sources
available to the intelligence community, and performed in a
manner consistent with sound analytic methods and tradecraft,
including reviews for purposes of determining whether or not--
(A) such product or products state separately, and
distinguish between, the intelligence underlying such
product or products and the assumptions and judgments
of analysts with respect to the intelligence and such
product or products;
(B) such product or products describe the quality
and reliability of the intelligence underlying such
product or products;
(C) such product or products present and explain
alternative conclusions, if any, with respect to the
intelligence underlying such product or products;
(D) such product or products characterizes the
uncertainties, if any, and the confidence in such
product or products; and
(E) the analyst or analysts responsible for such
product or products had appropriate access to
intelligence information from all sources, regardless
of the source of the information, the method of
collection of the information, the elements of the
intelligence community that collected the information,
or the location of such collection.
(c) Analytic Review Unit.--(1) There is within the Office of the
Ombudsman of the National Intelligence Authority an Analytic Review
Unit.
(2) The Analytic Review Unit shall assist the Ombudsman of the
National Intelligence Authority in performing the duties and
responsibilities of the Ombudsman set forth in subsection (b)(3).
(3) The Ombudsman shall provide the Analytic Review Unit a staff
who possess expertise in intelligence analysis that is appropriate for
the function of the Unit.
(4) In assisting the Ombudsman, the Analytic Review Unit shall,
subject to the direction and control of the Ombudsman, conduct detailed
evaluations of intelligence analysis by the following:
(A) The National Intelligence Council.
(B) The elements of the intelligence community within the
National Intelligence Program.
(C) To the extent involving the analysis of national
intelligence, other elements of the intelligence community.
(D) The divisions, offices, programs, officers, and
employees of the elements specified in subparagraphs (B) and
(C).
(5)(A) The results of the evaluations under paragraph (4) shall be
provided to the congressional intelligence committees and to
appropriate heads of other departments, agencies, and elements of the
executive branch.
(B) The results of the evaluations under paragraph (4) shall also
be distributed as appropriate throughout the intelligence community as
a method for training intelligence community analysts and promoting the
development of sound analytic methods and tradecraft. To ensure the
widest possible distribution of the evaluations, the Analytic Review
Unit shall, when appropriate, produce evaluations at multiple
classification levels.
(6) Upon completion of the evaluations under paragraph (4), the
Analytic Review Unit may make such recommendations to the National
Intelligence Director and to appropriate heads of the elements of the
intelligence community for awards, commendations, additional training,
or disciplinary or other actions concerning personnel as the Analytic
Review Unit considers appropriate in light of such evaluations. Any
recommendation of the Analytic Review Unit under this paragraph shall
not be considered binding on the official receiving such
recommendation.
(d) Access to Information and Personnel.--(1) In order to carry out
the duties specified in subsection (c), the Ombudsman of the National
Intelligence Authority, the Analytic Review Unit, and other staff of
the Office of the Ombudsman of the National Intelligence Authority
shall, unless otherwise directed by the President, have access to all
analytic products, operational and field reports, and raw intelligence
of any element of the intelligence community, and to any reports or
other material of an Inspector General, that might be pertinent to a
matter under consideration by the Ombudsman.
(2) The Ombudsman, the Analytic Review Unit, and other staff of the
Office shall have access to any employee, or any employee of a
contractor, of the intelligence community whose testimony is needed for
the performance of the duties of the Ombudsman.
(e) Annual Reports.--The Ombudsman of the National Intelligence
Authority shall submit to the National Intelligence Director and the
congressional intelligence committees on an annual basis a report that
includes--
(1) the assessment of the Ombudsman of the current level of
politicization, biased reporting, or lack of objective analysis
within the National Intelligence Authority, or any element of
the intelligence community within the National Intelligence
Program, or regarding any analysis of national intelligence by
any element of the intelligence community;
(2) such recommendations for remedial measures as the
Ombudsman considers appropriate; and
(3) an assessment of the effectiveness of remedial measures
previously taken within the intelligence community on matters
addressed by the Ombudsman.
(f) Referral of Certain Matters for Investigation.--In addition to
carrying out activities under this section, the Ombudsman of the
National Intelligence Authority may refer serious cases of misconduct
related to politicization of intelligence information, biased
reporting, or lack of objective analysis within the intelligence
community to the Inspector General of the National Intelligence
Authority for investigation.
SEC. 143. NATIONAL COUNTERTERRORISM CENTER.
(a) National Counterterrorism Center.--There is within the National
Intelligence Authority a National Counterterrorism Center.
(b) Director of National Counterterrorism Center.--(1) There is a
Director of the National Counterterrorism Center, who shall be the head
of the National Counterterrorism Center, and who shall be appointed by
the President, by and with the advice and consent of the Senate.
(2) Any individual nominated for appointment as the Director of the
National Counterterrorism Center shall have significant expertise in
matters relating to the national security of the United States and
matters relating to terrorism that threatens the national security of
the United States.
(3) The individual serving as the Director of the National
Counterterrorism Center may not, while so serving, serve in any
capacity in any other element of the intelligence community, except to
the extent that the individual serving as Director of the National
Counterterrorism Center is doing so in an acting capacity.
(c) Supervision.--(1) The Director of the National Counterterrorism
Center shall report to the National Intelligence Director on--
(A) the budget and programs of the National
Counterterrorism Center; and
(B) the activities of the Directorate of Intelligence of
the National Counterterrorism Center under subsection (g).
(2) The Director of the National Counterterrorism Center shall
report to the President and the National Intelligence Director on the
planning and progress of joint counterterrorism operations.
(d) Primary Missions.--The primary missions of the National
Counterterrorism Center shall be as follows:
(1) To develop and unify strategy for the civilian and
military counterterrorism efforts of the United States
Government.
(2) To integrate counterterrorism intelligence activities
of the United States Government, both inside and outside the
United States.
(3) To develop interagency counterterrorism plans, which
plans shall--
(A) involve more than one department, agency, or
element of the executive branch (unless otherwise
directed by the President); and
(B) include the mission, objectives to be achieved,
courses of action, parameters for such courses of
action, coordination of agency operational activities,
recommendations for operational plans, and assignment
of departmental or agency responsibilities.
(4) To ensure that the collection of counterterrorism
intelligence, and the conduct of counterterrorism operations,
by the United States Government are informed by the analysis of
all-source intelligence.
(e) Duties and Responsibilities of Director of National
Counterterrorism Center.--Notwithstanding any other provision of law,
at the direction of the President, the National Security Council, and
the National Intelligence Director, the Director of the National
Counterterrorism Center shall--
(1) serve as the principal adviser to the President and the
National Intelligence Director on interagency counterterrorism
planning and activities;
(2) provide unified strategic direction for the civilian
and military counterterrorism efforts of the United States
Government and for the effective integration and deconfliction
of counterterrorism intelligence and operations across agency
boundaries, both inside and outside the United States;
(3) advise the President and the National Intelligence
Director on the extent to which the counterterrorism program
recommendations and budget proposals of the departments,
agencies, and elements of the United States Government conform
to the priorities established by the President and the National
Security Council;
(4) in accordance with subsection (f), concur in, or advise
the President on, the selections of personnel to head the
operating entities of the United States Government with
principal missions relating to counterterrorism; and
(5) perform such other duties as the National Intelligence
Director may prescribe or are prescribed by law.
(f) Role of Director of National Counterterrorism Center in Certain
Appointments.--(1) In the event of a vacancy in a position referred to
in paragraph (2), the head of the department or agency having
jurisdiction over the position shall obtain the concurrence of the
Director of the National Counterterrorism Center before appointing an
individual to fill the vacancy or recommending to the President an
individual for nomination to fill the vacancy. If the Director does not
concur in the recommendation, the head of the department or agency
concerned may fill the vacancy or make the recommendation to the
President (as the case may be) without the concurrence of the Director,
but shall notify the President that the Director does not concur in the
appointment or recommendation (as the case may be).
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Central Intelligence Agency's
Counterterrorist Center.
(B) The Assistant Director of the Federal Bureau of
Investigation in charge of the Counterterrorism Division.
(C) The Coordinator for Counterterrorism of the Department
of State.
(D) The head of such other operating entities of the United
States Government having principal missions relating to
counterterrorism as the President may designate for purposes of
this subsection.
(3) The President shall notify Congress of the designation of an
operating entity of the United States Government under paragraph (2)(D)
not later than 30 days after the date of such designation.
(g) Directorate of Intelligence.--(1) The Director of the National
Counterterrorism Center shall establish and maintain within the
National Counterterrorism Center a Directorate of Intelligence.
(2) The Directorate shall utilize the capabilities of the Terrorist
Threat Integration Center (TTIC) transferred to the Directorate by
section 323 and such other capabilities as the Director of the National
Counterterrorism Center considers appropriate.
(3) The Directorate shall have primary responsibility within the
United States Government for analysis of terrorism and terrorist
organizations from all sources of intelligence, whether collected
inside or outside the United States.
(4) The Directorate shall--
(A) be the principal repository within the United States
Government for all-source information on suspected terrorists,
their organizations, and their capabilities;
(B) propose intelligence collection and analytic
requirements for action by elements of the intelligence
community inside and outside the United States;
(C) have primary responsibility within the United States
Government for net assessments and warnings about terrorist
threats, which assessments and warnings shall be based on a
comparison of terrorist intentions and capabilities with
assessed national vulnerabilities and countermeasures;
(D) conduct, or recommend to the National Intelligence
Director to direct an element or elements of the intelligence
community to conduct, competitive analyses of intelligence
products relating to suspected terrorists, their organizations,
and their capabilities, plans, and intentions, particularly
products having national importance;
(E) implement policies and procedures to encourage
coordination by all elements of the intelligence community that
conduct analysis of intelligence regarding terrorism of all
Directorate products of national importance and, as
appropriate, other products, before their final dissemination;
and
(F) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(h) Directorate of Planning.--(1) The Director of the National
Counterterrorism Center shall establish and maintain within the
National Counterterrorism Center a Directorate of Planning.
(2) The Directorate shall have primary responsibility for
developing interagency counterterrorism plans, as described in
subsection (d)(3).
(3) The Directorate shall--
(A) provide guidance, and develop strategy and interagency
plans, to counter terrorist activities based on policy
objectives and priorities established by the National Security
Council;
(B) develop interagency plans under subparagraph (A)
utilizing input from personnel in other departments, agencies,
and elements of the United States Government who have expertise
in the priorities, functions, assets, programs, capabilities,
and operations of such departments, agencies, and elements with
respect to counterterrorism;
(C) assign responsibilities for counterterrorism operations
to the departments and agencies of the United States Government
(including the Department of Defense, the Central Intelligence
Agency, the Federal Bureau of Investigation, the Department of
Homeland Security, and other departments and agencies of the
United States Government), consistent with the authorities of
such departments and agencies;
(D) monitor the implementation of operations assigned under
subparagraph (C) and update interagency plans for such
operations as necessary;
(E) report to the President and the National Intelligence
Director on the compliance of the departments, agencies, and
elements of the United States with the plans developed under
subparagraph (A); and
(F) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(4) The Directorate may not direct the execution of operations
assigned under paragraph (3).
(i) Staff.--(1) The National Intelligence Director may appoint
deputy directors of the National Counterterrorism Center to oversee
such portions of the operations of the Center as the National
Intelligence Director considers appropriate.
(2) To assist the Director of the National Counterterrorism Center
in fulfilling the duties and responsibilities of the Director of the
National Counterterrorism Center under this section, the National
Intelligence Director shall employ in the National Counterterrorism
Center a professional staff having an expertise in matters relating to
such duties and responsibilities.
(3) In providing for a professional staff for the National
Counterterrorism Center under paragraph (2), the National Intelligence
Director may establish as positions in the excepted service such
positions in the Center as the National Intelligence Director considers
appropriate.
(4) The National Intelligence Director shall ensure that the
analytical staff of the National Counterterrorism Center is comprised
primarily of experts from elements in the intelligence community and
from such other personnel in the United States Government as the
National Intelligence Director considers appropriate.
(5)(A) In order to meet the requirements in paragraph (4), the
National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to
the National Counterterrorism Center from any other element of
the intelligence community that the National Intelligence
Director considers appropriate; and
(ii) in the case of personnel from a department, agency, or
element of the United States Government and not funded within
the National Intelligence Program, request the transfer,
assignment, or detail of such personnel from the department,
agency, or other element concerned.
(B)(i) The head of an element of the intelligence community shall
promptly effect any transfer, assignment, or detail of personnel
specified by the National Intelligence Director under subparagraph
(A)(i).
(ii) The head of a department, agency, or element of the United
States Government receiving a request for transfer, assignment, or
detail of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(C) Employees of Federally Funded Research and Development Centers
(as that term is defined in part 2 of the Federal Acquisition
Regulation), including employees of the Department of Energy national
laboratories who are associated with field intelligence elements of the
Department of Energy, shall be eligible to serve under contract or
other mechanism with the National Counterterrorism Center under this
paragraph.
(6) Personnel employed in or assigned or detailed to the National
Counterterrorism Center under this subsection shall be under the
authority, direction, and control of the Director of the National
Counterterrorism Center on all matters for which the Center has been
assigned responsibility and for all matters related to the
accomplishment of the missions of the Center.
(7) Performance evaluations of personnel assigned or detailed to
the National Counterterrorism Center under this subsection shall be
undertaken by the supervisors of such personnel at the Center.
(8) The supervisors of the staff of the National Counterterrorism
Center may, with the approval of the National Intelligence Director,
reward the staff of the Center for meritorious performance by the
provision of such performance awards as the National Intelligence
Director shall prescribe.
(9) The National Intelligence Director may delegate to the Director
of the National Counterterrorism Center any responsibility, power, or
authority of the National Intelligence Director under paragraphs (1)
through (8).
(10) The National Intelligence Director shall ensure that the staff
of the National Counterterrorism Center has access to all databases
maintained by the elements of the intelligence community that are
relevant to the duties of the Center.
(j) Support and Cooperation of Other Agencies.--(1) The elements of
the intelligence community and the other departments, agencies, and
elements of the United States Government shall support, assist, and
cooperate with the National Counterterrorism Center in carrying out its
missions under this section.
(2) The support, assistance, and cooperation of a department,
agency, or element of the United States Government under this
subsection shall include, but not be limited to--
(A) the implementation of interagency plans for operations,
whether foreign or domestic, that are developed by the National
Counterterrorism Center in a manner consistent with the laws
and regulations of the United States and consistent with the
limitation in subsection (h)(4);
(B) cooperative work with the Director of the National
Counterterrorism Center to ensure that ongoing operations of
such department, agency, or element do not conflict with joint
operations planned by the Center;
(C) reports, upon request, to the Director of the National
Counterterrorism Center on the progress of such department,
agency, or element in implementing responsibilities assigned to
such department, agency, or element through joint operations
plans; and
(D) the provision to the analysts of the National
Counterterrorism Center of electronic access in real time to
information and intelligence collected by such department,
agency, or element that is relevant to the missions of the
Center.
(3) In the event of a disagreement between the National
Intelligence Director and the head of a department, agency, or element
of the United States Government on a plan developed or responsibility
assigned by the National Counterterrorism Center under this subsection,
the National Intelligence Director may either accede to the head of the
department, agency, or element concerned or notify the President of the
necessity of resolving the disagreement.
SEC. 144. NATIONAL COUNTERPROLIFERATION CENTER.
(a) National Counterproliferation Center.--(1) Within one year of
enactment of this Act there shall be established within the National
Intelligence Authority a National Counterproliferation Center.
(2) The purpose of the Center is to develop, direct, and coordinate
the efforts and activities of the United States Government to interdict
the trafficking of weapons of mass destruction, related materials and
technologies, and their delivery systems to terrorists, terrorist
organizations, other non-state actors of concern, and state actors of
concern.
(b) Director of National Counterproliferation Center.--(1) There is
a Director of the National Counterproliferation Center, who shall be
the head of the National Counterproliferation Center, and who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) Any individual nominated for appointment as the Director of the
National Counterproliferation Center shall have significant expertise
in matters relating to the national security of the United States and
matters relating to the proliferation of weapons of mass destruction,
their delivery systems, and related materials and technologies that
threaten the national security of the United States, its interests, and
allies.
(3) The individual serving as the Director of the National
Counterproliferation Center may not, while so serving, serve in any
capacity in any other element of the intelligence community, except to
the extent that the individual serving as Director of the National
Counterproliferation Center is doing so in an acting capacity.
(c) Supervision.--(1) The Director of the National
Counterproliferation Center shall report to the National Intelligence
Director on the budget, personnel, activities, and programs of the
National Counterproliferation Center.
(2) The Director of the National Counterproliferation Center shall
report to the National Intelligence Director on the activities of the
Directorate of Intelligence of the National Counterproliferation Center
under subsection (f).
(3) The Director of the National Counterproliferation Center shall
report to the President and the National Intelligence Director on the
planning and progress of counterproliferation operations.
(d) Primary Missions.--The primary missions of the National
Counterproliferation Center shall be as follows:
(1) To develop and unify strategy for the
counterproliferation efforts of the United States Government.
(2) To make recommendations to the National Intelligence
Director with regard to the collection and analysis
requirements and priorities of the National
Counterproliferation Center.
(3) To integrate counterproliferation intelligence
activities of the United States Government, both inside and
outside the United States, and with other governments.
(4) To conduct strategic planning and develop recommended
courses of action for multilateral and United States Government
counterproliferation activities which--
(A) involve more than one department, agency, or
element of the executive branch (unless otherwise
directed by the President) of the United States
Government; and
(B) include the mission, objectives to be achieved,
courses of action, parameters for such courses of
action, coordination of agency operational activities,
recommendations for operational activities, and
assignment of national, departmental, or agency
responsibilities.
(5) To ensure that the collection, analysis, and
utilization of counterproliferation intelligence, and the
conduct of counterproliferation operations, by the United
States Government are informed by the analysis of all-source
intelligence.
(e) Duties and Responsibilities of Director of National
Counterproliferation Center.--Notwithstanding any other provision of
law, at the direction of the President and the National Intelligence
Director, the Director of the National Counterproliferation Center
shall--
(1) serve as a principal adviser to the President and the
National Intelligence Director on operations relating to
interagency counterproliferation planning and activities;
(2) provide unified strategic direction for the
counterproliferation efforts of the United States Government
and for the effective integration and deconfliction of
counterproliferation intelligence and operations across agency
boundaries, both inside and outside the United States, and with
foreign governments;
(3) advise the President and the National Intelligence
Director on the extent to which the counterproliferation
program recommendations and budget proposals of the
departments, agencies, and elements of the United States
Government conform to the policies and priorities established
by the President and the National Security Council;
(4) advise the President on the selections of personnel to
head the nonmilitary operating entities of the United States
Government with principal missions relating to
counterproliferation;
(5) advise the President and the National Intelligence
Director on the science and technology research and development
requirements and priorities of the counterproliferation
programs and activities of the United States Government; and
(6) perform such other duties as the National Intelligence
Director may prescribe or are prescribed by law;
(f) Directorate of Intelligence.--(1) The Director of the National
Counterproliferation Center shall establish and maintain within the
National Counterproliferation Center a Directorate of Intelligence.
(2) The Directorate shall have primary responsibility within the
United States Government for the analysis of information regarding
proliferators (including individuals, entities, organizations,
companies, and states) and their networks, from all sources of
intelligence, whether collected inside or outside the United States.
(3) The Directorate shall--
(A) be the principal repository within the United States
Government for all-source information on suspected
proliferators, their networks, their activities, and their
capabilities;
(B) propose intelligence collection and analysis
requirements and priorities for action by elements of the
intelligence community inside and outside the United States;
(C) have primary responsibility within the United States
Government for net assessments and warnings about weapons of
mass destruction proliferation threats, which assessments and
warnings shall be based on a comparison of the intentions and
capabilities of proliferators with assessed national
vulnerabilities and countermeasures;
(D) conduct through a separate office independent analyses
(commonly referred to as ``red teaming'') of intelligence
collected and analyzed with respect to proliferation; and
(E) perform such other duties and functions as the Director
of the National Counterproliferation Center may prescribe.
(g) Directorate of Planning.--(1) The Director of the National
Counterproliferation Center shall establish and maintain within the
National Counterproliferation Center a Directorate of Planning.
(2) The Directorate shall have primary responsibility for
conducting strategic planning and developing courses of action for
counterproliferation activities, as described in subsection (d)(4).
(3) The Directorate shall--
(A) provide guidance, and develop strategy and interagency
plans, to counter proliferation activities based on policy
objectives and priorities established by the National Security
Council;
(B) develop plans under subparagraph (A) utilizing input
from personnel in other departments, agencies, and elements of
the United States Government who have expertise in the
priorities, functions, assets, programs, capabilities, and
operations of such departments, agencies, and elements with
respect to counterproliferation;
(C) assign responsibilities and propose courses of action
for counterproliferation operations to the departments and
agencies of the United States Government (including the
Department of Defense, the Department of State, the Central
Intelligence Agency, the Federal Bureau of Investigation, the
Department of Homeland Security, and other departments and
agencies of the United States Government), consistent with the
authorities of such departments and agencies;
(D) monitor the implementation of operations assigned under
subparagraph (C) and update interagency plans for such
operations as necessary;
(E) report to the President and the National Intelligence
Director on the performance of the departments, agencies, and
elements of the United States with regard to the plans
developed under subparagraph (A); and
(F) perform such other duties and functions as the Director
of the National Counterproliferation Center may prescribe.
(4) The Directorate may not direct the execution of operations
assigned under paragraph (3).
(h) Staff.--(1) The National Intelligence Director may appoint
deputy directors of the National Counterproliferation Center to oversee
such portions of the operations of the Center as the National
Intelligence Director considers appropriate.
(2) To assist the Director of the National Counterproliferation
Center in fulfilling the duties and responsibilities of the Director of
the National Counterproliferation Center under this section, the
National Intelligence Director shall employ in the National
Counterproliferation Center a professional staff having an expertise in
matters relating to such duties and responsibilities.
(3) In providing for a professional staff for the National
Counterproliferation Center under paragraph (2), the National
Intelligence Director may establish as positions in the excepted
service such positions in the Center as the National Intelligence
Director considers appropriate.
(4) The National Intelligence Director shall ensure that the
analytical staff of the National Counterproliferation Center is
comprised primarily of experts from elements in the intelligence
community and from such other personnel in the United States Government
as the National Intelligence Director considers appropriate.
(5)(A) In order to meet the requirements in paragraph (4), the
National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to
the National Counterproliferation Center from any element of
the intelligence community that the National Intelligence
Director considers appropriate; and
(ii) in the case of personnel from a department, agency, or
element of the United States Government and not funded within
the National Intelligence Program, request the transfer,
assignment, or detail of such personnel from the department,
agency, or other element concerned.
(B)(i) The head of an element of the intelligence community shall
promptly effect any transfer, assignment, or detail of personnel
specified by the National Intelligence Director under subparagraph
(A)(i).
(ii) The head of a department, agency, or element of the United
States Government receiving a request for transfer, assignment, or
detail of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(6) Personnel employed in or assigned or detailed to the National
Counterproliferation Center under this subsection shall be under the
authority, direction, and control of the Director of the National
Counterproliferation Center on all matters for which the Center has
been assigned responsibility and for all matters related to the
accomplishment of the missions of the Center.
(7) Performance evaluations of personnel assigned or detailed to
the National Counterproliferation Center under this subsection shall be
undertaken by the supervisors of such personnel at the Center.
(8) The supervisors of the staff of the National
Counterproliferation Center may, with the approval of the National
Intelligence Director, reward the staff of the Center for meritorious
performance by the provision of such performance awards as the National
Intelligence Director shall prescribe.
(9) The National Intelligence Director may delegate to the Director
of the National Counterproliferation Center any responsibility, power,
or authority of the National Intelligence Director under paragraphs (1)
through (8).
(10) The National Intelligence Director shall ensure that the staff
of the National Counterproliferation Center has access to all databases
and information maintained by the elements of the intelligence
community that are relevant to the duties of the Center.
(i) Support and Cooperation of Other Agencies.--(1) The elements of
the intelligence community and the other departments, agencies, and
elements of the United States Government shall support, assist, and
cooperate with the National Counterproliferation Center in carrying out
its missions under this section.
(2) The support, assistance, and cooperation of a department,
agency, or element of the United States Government under this
subsection shall include, but not be limited to--
(A) the implementation of interagency plans for operations,
whether foreign or domestic, that are developed by the National
Counterproliferation Center in a manner consistent with the
laws and regulations of the United States and consistent with
the limitation in subsection (g)(4);
(B) cooperative work with the Director of the National
Counterproliferation Center to ensure that ongoing operations
of such department, agency, or element do not conflict with
operations planned by the Center;
(C) reports, upon request, to the Director of the National
Counterproliferation Center on the performance of such
department, agency, or element in implementing responsibilities
assigned to such department, agency, or element through joint
operations plans; and
(D) the provision to the analysts of the National
Counterproliferation Center electronic access in real time to
information and intelligence collected by such department,
agency, or element that is relevant to the missions of the
Center.
(3) In the event of a disagreement between the National
Intelligence Director and the head of a department, agency, or element
of the United States Government on a plan developed or responsibility
assigned by the National Counterproliferation Center under this
subsection, the National Intelligence Director may either accede to the
head of the department, agency, or element concerned or notify the
President of the necessity of resolving the disagreement.
(j) Definitions.--In this section:
(1) The term ``counterproliferation'' means--
(A) activities, programs and measures for
interdicting (including deterring, preventing, halting,
and rolling back) the transfer or transport (whether by
air, land or sea) of weapons of mass destruction, their
delivery systems, and related materials and
technologies to and from states and non-state actors
(especially terrorists and terrorist organizations) of
proliferation concern;
(B) enhanced law enforcement activities and
cooperation to deter, prevent, halt, and rollback
proliferation-related networks, activities,
organizations, and individuals, and bring those
involved to justice; and
(C) activities, programs, and measures for
identifying, collecting, and analyzing information and
intelligence related to the transfer or transport of
weapons, systems, materials, and technologies as
described in subparagraph (A).
(2) ``Counterproliferation'' does not include--
(A) the Cooperative Threat reduction and other
threat reduction programs run or administered by the
Department of Defense, Department of Energy and
Department of State;
(B) the nonproliferation efforts and activities of
the United States government as they apply to the
implementation and management of nonproliferation
treaties, conventions, and regimes, or;
(C) programs designed to protect members of the
Armed Forces from the employment of weapons of mass
destruction by developing and fielding protective
equipment, gear and clothing, and other means to
enhance the survivability of Armed Forces personnel on
the battlefield.
(3) The term ``states and non-state actors of proliferation
concern'' refers to countries or entities (including
individuals, entities, organizations, companies, and networks)
that should be subject to counterproliferation activities
because of their actions or intent to engage in proliferation
through--
(A) efforts to develop or acquire chemical,
biological, or nuclear weapons and associated delivery
systems; or
(B) transfers (either selling, receiving, or
facilitating) of weapons of mass destruction, their
delivery systems, or related materials.
(k) Reports on Establishment.--(1)(A) The President shall submit to
Congress a report on the plans of the President to establish the
National Counterproliferation Center as required by this section.
(B) The report shall be submitted not later than six months after
the date of the enactment of this Act, and not later than 30 days
before the date of the establishment of the National
Counterproliferation Center.
(2) The President shall submit to Congress from time to time such
updates of the plans under paragraph (1) (a) as the President considers
appropriate. Each update shall include such recommendations for
legislative or administrative action as the President considers
appropriate to improve the effectiveness of the National
Counterproliferation Center consistent with its mission.
(l) Construction With Certain Conditions.-- Nothing in this section
shall override recommendations contained in the forthcoming final
report of the President's Commission on Weapons of Mass Destruction,
established by Executive Order in February 2004, that will improve the
effectiveness of the National Counterproliferation Center: Provided,
That in the case of a conflict between the Weapons of Mass Destruction
Commission's final report and the National Counterproliferation Center
as established in this section, the Congress and the President shall
consider the Commission's recommendations and act as soon as
practicable thereafter to make such modifications to statute as deemed
necessary.
SEC. 145. NATIONAL INTELLIGENCE CENTERS.
(a) National Intelligence Centers.--(1) The National Intelligence
Director may establish within the National Intelligence Authority one
or more centers (to be known as ``national intelligence centers'') to
address intelligence priorities established by the National Security
Council.
(2) Each national intelligence center established under this
section shall be assigned an area of intelligence responsibility,
whether expressed in terms of geographic region, in terms of function,
or in other terms.
(3) There may be established under this subsection one or more
national intelligence centers having intelligence responsibility for
the following:
(A) The nuclear terrorism threats confronting the United
States.
(B) The chemical terrorism threats confronting the United
States.
(C) The biological terrorism threats confronting the United
States.
(4) National intelligence centers shall be established at the
direction of the President, as prescribed by law, or upon the
initiative of the National Intelligence Director.
(b) Establishment of Centers.--(1) In establishing a national
intelligence center, the National Intelligence Director shall assign
lead responsibility for administrative support for such center to an
element of the intelligence community selected by the Director for that
purpose.
(2) The Director shall determine the structure and size of each
national intelligence center.
(3) The Director shall notify Congress of the establishment of each
national intelligence center before the date of the establishment of
such center. Each notice on a center shall set forth the mission of
such center, the area of intelligence responsibility of such center,
and the proposed structure of such center.
(c) Directors of Centers.--(1) Each national intelligence center
shall have as its head a Director who shall be appointed by the
National Intelligence Director for that purpose.
(2) The Director of a national intelligence center shall serve as
the principal adviser to the National Intelligence Director on
intelligence matters with respect to the area of intelligence
responsibility assigned to the center.
(3) In carrying out duties under paragraph (2), the Director of a
national intelligence center shall--
(A) manage the operations of the center;
(B) coordinate the provision of administration and support
by the element of the intelligence community with lead
responsibility for the center under subsection (b)(1);
(C) submit budget and personnel requests for the center to
the National Intelligence Director;
(D) seek such assistance from other departments, agencies,
and elements of the United States Government as is needed to
fulfill the mission of the center; and
(E) advise the National Intelligence Director of the
information technology, personnel, and other requirements of
the center for the performance of its mission.
(4) The National Intelligence Director shall ensure that the
Director of a national intelligence center has sufficient authority,
direction, and control of the center and the personnel of the center to
effectively accomplish the mission of the center.
(5) If the Director of a national intelligence center determines at
any time that the authority, direction, and control of the Director
over the center is insufficient to accomplish the mission of the
center, the Director shall promptly notify the National Intelligence
Director of that determination.
(d) Mission of Centers.--Pursuant to the direction of the National
Intelligence Director, each national intelligence center shall, in the
area of intelligence responsibility assigned to the center by the
Director pursuant to intelligence priorities established by the
President--
(1) have primary responsibility for providing all-source
analysis of intelligence based upon intelligence gathered both
abroad and domestically;
(2) have primary responsibility for identifying and
proposing to the National Intelligence Director intelligence
collection and analysis requirements;
(3) have primary responsibility for net assessments and
warnings;
(4) ensure that appropriate officials of the United States
Government and other appropriate officials have access to a
variety of intelligence assessments and analytical views;
(5) develop and unify strategy for the collection and
analysis of all-source intelligence;
(6) integrate intelligence collection and analysis, both
inside and outside the United States;
(7) at the discretion of the NID develop interagency plans
for the collection of all-source intelligence, which plans
shall--
(A) involve more than one department, agency, or
element of the executive branch (unless otherwise
directed by the President); and
(B) include the mission, objectives to be achieved,
courses of action, parameters for such courses of
action, coordination of agencies intelligence
collection activities, recommendations for intelligence
collection plans, and assignment of departmental or
agency responsibilities;
(8) ensure that the collection of all-source intelligence
and the conduct of operations are informed by the analysis of
all-source intelligence; and
(9) perform such other duties as the National Intelligence
Director shall specify.
(e) Information Sharing.--(1) The National Intelligence Director
shall ensure that the Directors of the national intelligence centers
and the other elements of the intelligence community undertake
appropriate sharing of intelligence analysis and plans for operations
in order to facilitate the activities of the centers, including through
the establishment of mechanisms for the sharing of information and
analysis among and between national intelligence centers having
adjacent or significantly interrelated geographic regions or functional
areas of intelligence responsibility.
(2) In order to facilitate information sharing under paragraph (1),
the Directors of the national intelligence centers shall--
(A) report directly to the National Intelligence Director
regarding their activities under this section; and
(B) coordinate with the Principal Deputy National
Intelligence Director regarding such activities.
(f) Staff.--(1) In providing for a professional staff for a
national intelligence center, the National Intelligence Director may
establish as positions in the excepted service such positions in the
center as the National Intelligence Director considers appropriate.
(2)(A) The National Intelligence Director shall, from time to
time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to a
national intelligence center from any other element of the
intelligence community that the National Intelligence Director
considers appropriate; and
(ii) in the case of personnel from a department, agency, or
element of the United States Government not funded within the
National Intelligence Program, request the transfer,
assignment, or detail of such personnel from the department,
agency, or other element concerned.
(B)(i) The head of an element of the intelligence community shall
promptly effect any transfer, assignment, or detail of personnel
specified by the National Intelligence Director under subparagraph
(A)(i).
(ii) The head of a department, agency, or element of the United
States Government receiving a request for transfer, assignment, or
detail of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(C) Employees of Federally Funded Research and Development Centers
(as that term is defined in part 2 of the Federal Acquisition
Regulation), including employees of the Department of Energy national
laboratories who are associated with field intelligence elements of the
Department of Energy, shall be eligible to serve under contract or
other mechanism with a national intelligence center under this
paragraph.
(3) Personnel employed in or assigned or detailed to a national
intelligence center under this subsection shall be under the authority,
direction, and control of the Director of the center on all matters for
which the center has been assigned responsibility and for all matters
related to the accomplishment of the mission of the center.
(4) Performance evaluations of personnel assigned or detailed to a
national intelligence center under this subsection shall be undertaken
by the supervisors of such personnel at the center.
(5) The supervisors of the staff of a national center may, with the
approval of the National Intelligence Director, reward the staff of the
center for meritorious performance by the provision of such performance
awards as the National Intelligence Director shall prescribe.
(6) The National Intelligence Director may delegate to the Director
of a national intelligence center any responsibility, power, or
authority of the National Intelligence Director under paragraphs (1)
through (6).
(7) The Director of a national intelligence center may recommend to
the National Intelligence Director the reassignment to the home element
concerned of any personnel previously assigned or detailed to the
center from another element of the intelligence community.
(g) Review and Modification of Centers.--(1) Not less often than
once each year, the National Intelligence Director shall review the
area of intelligence responsibility assigned to each national
intelligence center under this section in order to determine whether or
not such area of responsibility continues to meet intelligence
priorities established by the National Security Council.
(2) Not less often than once each year, the National Intelligence
Director shall review the staffing and management of each national
intelligence center under this section in order to determine whether or
not such staffing or management remains appropriate for the
accomplishment of the mission of such center.
(3) The National Intelligence Director may at any time recommend to
the President a modification of the area of intelligence responsibility
assigned to a national intelligence center under this section. The
National Intelligence Director shall make any such recommendation
through, and with the approval of, the National Security Council.
(h) Separate Budget Account.--The National Intelligence Director
shall, in accordance with procedures to be issued by the Director in
consultation with the congressional intelligence committees, include in
the National Intelligence Program budget a separate line item for each
national intelligence center under this section.
(i) Termination.--(1) The National Intelligence Director may
terminate a national intelligence center if the National Intelligence
Director determines that the center is no longer required to meet an
intelligence priority established by the President.
(2) The National Intelligence Director shall notify Congress of any
determination made under paragraph (1) before carrying out such
determination.
SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS.
(a) Office of Alternative Analysis.--There is within the National
Intelligence Authority an Office of Alternative Analysis.
(b) Head of Office.--The National Intelligence Director shall
appoint the head of the Office of Alternative Analysis.
(c) Independence of Office.--The National Intelligence Director
shall take appropriate actions to ensure the independence of the Office
of Alternative Analysis in its activities under this section.
(d) Function of Office.--(1) The Office of Alternative Analysis
shall subject each National Intelligence Estimate (NIE), before the
completion of such estimate, to a thorough examination of all facts,
assumptions, analytic methods, and judgments utilized in or underlying
any analysis, estimation, plan, evaluation, or recommendation contained
in such estimate.
(2)(A) The Office may also subject any other intelligence estimate,
brief, survey, assessment, or report designated by the National
Intelligence Director to a thorough examination as described in
paragraph (1).
(B) Not later than 180 days after the date of the enactment of this
Act, the Director shall submit to the congressional intelligence
committees a report on the estimates, briefs, surveys, assessments or
reports, if any, designated by the Director under subparagraph (A).
(3)(A) The purpose of an evaluation of an estimate or document
under this subsection shall be to provide an independent analysis of
any underlying facts, assumptions, and recommendations contained in
such estimate or document and to present alternative conclusions, if
any, arising from such facts or assumptions or with respect to such
recommendations.
(B) In order to meet the purpose set forth in subparagraph (A), the
Office shall, unless otherwise directed by the President, have access
to all analytic products, field reports, and raw intelligence of any
element of the intelligence community and such other reports and
information as the Director considers appropriate.
(4) The evaluation of an estimate or document under this subsection
shall be known as a ``OAA analysis'' of such estimate or document.
(5) Each estimate or document covered by an evaluation under this
subsection shall include an appendix that contains the findings and
conclusions of the Office with respect to the estimate or document, as
the case may be, based upon the evaluation of the estimate or document,
as the case may be, by the Office under this subsection.
(6) The results of each evaluation of an estimate or document under
this subsection shall be submitted to the congressional intelligence
committees.
Subtitle E--Education and Training of Intelligence Community Personnel
SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING.
The National Intelligence Director shall establish an integrated
framework that brings together the educational components of the
intelligence community in order to promote a more effective and
productive intelligence community through cross-disciplinary education
and joint training.
SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means each element of the
intelligence community as determined by the National
Intelligence Director.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term under section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Program.--The term ``Program'' means the Intelligence
Community Scholarship Program established under subsection (b).
(b) Establishment.--
(1) In general.--The National Intelligence Director, in
consultation with the head of each agency, shall establish a
scholarship program (to be known as the ``Intelligence
Community Scholarship Program'') to award scholarships to
individuals that is designed to recruit and prepare students
for civilian careers in the intelligence community to meet the
critical needs of the intelligence community agencies.
(2) Selection of recipients.--
(A) Merit and agency needs.--Individuals shall be
selected to receive scholarships under this section
through a competitive process primarily on the basis of
academic merit and the needs of the agency.
(B) Demonstrated commitment.--Individuals selected
under this section shall have a demonstrated commitment
to the field of study for which the scholarship is
awarded.
(3) Contractual agreements.--To carry out the Program the
head of each agency shall enter into contractual agreements
with individuals selected under paragraph (2) under which the
individuals agree to serve as full-time employees of the
agency, for the period described in subsection (h)(1), in
positions needed by the agency and for which the individuals
are qualified, in exchange for receiving a scholarship.
(c) Eligibility.--In order to be eligible to participate in the
Program, an individual shall--
(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education and be pursuing
or intend to pursue undergraduate or graduate education in an
academic field or discipline described in the list made
available under subsection (e);
(2) be a United States citizen; and
(3) at the time of the initial scholarship award, not be an
employee (as defined under section 2105 of title 5, United
States Code).
(d) Application.-- An individual seeking a scholarship under this
section shall submit an application to the National Intelligence
Director at such time, in such manner, and containing such information,
agreements, or assurances as the Director may require.
(e) Programs and Fields of Study.--The National Intelligence
Director shall--
(1) make publicly available a list of academic programs and
fields of study for which scholarships under the Program may be
used; and
(2) update the list as necessary.
(f) Scholarships.--
(1) In general.--The National Intelligence Director may
provide a scholarship under the Program for an academic year if
the individual applying for the scholarship has submitted to
the Director, as part of the application required under
subsection (d), a proposed academic program leading to a degree
in a program or field of study on the list made available under
subsection (e).
(2) Limitation on years.--An individual may not receive a
scholarship under this section for more than 4 academic years,
unless the National Intelligence Director grants a waiver.
(3) Student responsibilities.--Scholarship recipients shall
maintain satisfactory academic progress.
(4) Amount.--The dollar amount of a scholarship under this
section for an academic year shall be determined under
regulations issued by the National Intelligence Director, but
shall in no case exceed the cost of tuition, fees, and other
authorized expenses as established by the Director.
(5) Use of scholarships.--A scholarship provided under this
section may be expended for tuition, fees, and other authorized
expenses as established by the National Intelligence Director
by regulation.
(6) Payment to institution of higher education.--The
National Intelligence Director may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid directly
to the institution with respect to which the scholarship is
provided.
(g) Special Consideration for Current Employees.--
(1) Set aside of scholarships.--Notwithstanding paragraphs
(1) and (3) of subsection (c), 10 percent of the scholarships
awarded under this section shall be set aside for individuals
who are employees of agencies on the date of enactment of this
section to enhance the education of such employees in areas of
critical needs of agencies.
(2) Full- or part-time education.--Employees who are
awarded scholarships under paragraph (1) shall be permitted to
pursue undergraduate or graduate education under the
scholarship on a full-time or part-time basis.
(h) Employee Service.--
(1) Period of service.--Except as provided in subsection
(j)(2), the period of service for which an individual shall be
obligated to serve as an employee of the agency is 24 months
for each academic year for which a scholarship under this
section is provided. Under no circumstances shall the total
period of obligated service be more than 8 years.
(2) Beginning of service.--
(A) In general.--Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin
not later than 60 days after the individual obtains the
educational degree for which the scholarship was
provided.
(B) Deferral.--In accordance with regulations
established by the National Intelligence Director, the
Director or designee may defer the obligation of an
individual to provide a period of service under
paragraph (1) if the Director or designee determines
that such a deferral is appropriate.
(i) Repayment.--
(1) In general.--Scholarship recipients who fail to
maintain a high level of academic standing, as defined by the
National Intelligence Director, who are dismissed from their
educational institutions for disciplinary reasons, or who
voluntarily terminate academic training before graduation from
the educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in lieu
of any service obligation arising under such agreement, shall
be liable to the United States for repayment within 1 year
after the date of default of all scholarship funds paid to them
and to the institution of higher education on their behalf
under the agreement, except as provided in subsection (j)(2).
The repayment period may be extended by the Director when
determined to be necessary, as established by regulation.
(2) Liability.--Scholarship recipients who, for any reason,
fail to begin or complete their service obligation after
completion of academic training, or fail to comply with the
terms and conditions of deferment established by the National
Intelligence Director under subsection (h)(2)(B), shall be in
breach of their contractual agreement. When recipients breach
their agreements for the reasons stated in the preceding
sentence, the recipient shall be liable to the United States
for an amount equal to--
(A) the total amount of scholarships received by
such individual under this section; and
(B) the interest on the amounts of such awards
which would be payable if at the time the awards were
received they were loans bearing interest at the
maximum legal prevailing rate, as determined by the
Treasurer of the United States, multiplied by 3.
(j) Cancellation, Waiver, or Suspension of Obligation.--
(1) Cancellation.--Any obligation of an individual incurred
under the Program (or a contractual agreement thereunder) for
service or payment shall be canceled upon the death of the
individual.
(2) Waiver or suspension.--The National Intelligence
Director shall prescribe regulations to provide for the partial
or total waiver or suspension of any obligation of service or
payment incurred by an individual under the Program (or a
contractual agreement thereunder) whenever compliance by the
individual is impossible or would involve extreme hardship to
the individual, or if enforcement of such obligation with
respect to the individual would be contrary to the best
interests of the Government.
(k) Regulations.--The National Intelligence Director shall
prescribe regulations necessary to carry out this section.
SEC. 153. 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 National Intelligence
Director shall--
(A) identify the linguistic requirements for the National
Intelligence Authority;
(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 Authority 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 Authority 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 National Intelligence
Director shall require the head of each element and component within
the National Intelligence Authority 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 Authority; and
(2) prepare such personnel for duty with other departments,
agencies, and element of the intelligence community.
Subtitle F--Additional Authorities of National Intelligence Authority
SEC. 161. USE OF APPROPRIATED FUNDS.
(a) Disposal of Property.--(1) If specifically authorized to
dispose of real property of the National Intelligence Authority under
any law enacted after the date of the enactment of this Act, the
National Intelligence Director shall, subject to paragraph (2),
exercise such authority in strict compliance with subchapter IV of
chapter 5 of title 40, United States Code.
(2) The Director shall deposit the proceeds of any disposal of
property of the National Intelligence Authority into the miscellaneous
receipts of the Treasury in accordance with section 3302(b) of title
31, United States Code.
(b) Gifts.--Gifts or donations of services or property of or for
the National Intelligence Authority may not be accepted, used, or
disposed of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the purposes
specified in such appropriations Act.
SEC. 162. ACQUISITION AND FISCAL AUTHORITIES.
(a) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the acquisition of
a major system, the National Intelligence Director shall--
(A) require the development and implementation of a program
management plan that includes cost, schedule, and performance
goals and program milestone criteria;
(B) 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) The National Intelligence Director shall prescribe guidance for
the development and implementation of program management plans under
this subsection. In prescribing such guidance, the Director shall
review Department of Defense guidance on program management plans for
Department of Defense programs for the acquisition of major systems
and, to the extent feasible, incorporate the principles of the
Department of Defense guidance into the Director's guidance under this
subsection.
(3) Nothing in this subsection may be construed to limit the
authority of the National Intelligence Director to delegate to any
other official any authority to perform the responsibilities of the
Director under this subsection.
(4) If the National Intelligence Director and the Secretary of
Defense are unable to reach agreement on a milestone decision under
this subsection, the Director shall assume milestone decision authority
subject to review by the President at the request of the Secretary.
(5) In this subsection:
(A) The term ``intelligence program'', with respect to the
acquisition of a major system, means a program that--
(i) is carried out to acquire such major system for
an element of the intelligence community; and
(ii) is funded in whole out of amounts available
for the National Intelligence Program.
(B) The term ``major system'' has the meaning given such
term in section 4(9) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 403(9)).
(b) Availability of Funds.--Notwithstanding any other provision of
law (other than the provisions of this Act), sums appropriated or
otherwise made available to the National Intelligence Authority may be
expended for purposes necessary to carry out its functions, including
any function performed by the National Intelligence Authority that is
described in section 8(a) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403j(a)).
(c) Relationship of Director's Authority to Other Laws on
Acquisition and Management of Property and Services.--Section 113(e) of
title 40, United States Code, is amended--
(A) by striking ``or'' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(20) the National Intelligence Director.''.
(d) National Intelligence Director Report on Enhancement of NSA and
NGIA Acquisition Authorities.--Not later than one year after the date
of the enactment of this Act, the National Intelligence Director
shall--
(1) review--
(A) the acquisition authority of the Director of
the National Security Agency; and
(B) the acquisition authority of the Director of
the National Geospatial-Intelligence Agency; and
(2) submit to the Select Committee on Intelligence and the
Committee on Governmental Affairs of the Senate and the
Permanent Select Committee on Intelligence and the Committee on
Government Reform of the House of Representatives a report
setting forth any recommended enhancements of the acquisition
authorities of the Director of the National Security Agency and
the Director of the National Geospatial-Intelligence Agency
that the National Intelligence Director considers necessary.
(e) Comptroller General Report on Acquisition Policies and
Procedures.--Not later than two years after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on the extent to which the policies and procedures
adopted for managing the acquisition of major systems for national
intelligence purposes, as identified by the National Intelligence
Director, are likely to result in successful cost, schedule, and
performance outcomes.
SEC. 163. PERSONNEL MATTERS.
(a) In General.--In addition to the authorities provided in section
114, the National Intelligence Director may exercise with respect to
the personnel of the National Intelligence Authority any authority of
the Director of the Central Intelligence Agency with respect to the
personnel of the Central Intelligence Agency under the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment of this
Act to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
(b) Termination of Employees.--(1) Notwithstanding any other
provision of law, the National Intelligence Director may, in the
discretion of the Director, terminate the employment of any officer or
employee of the National Intelligence Authority whenever the Director
considers the termination of employment of such officer or employee
necessary or advisable in the interests of the United States.
(2) Any termination of employment of an officer or employee under
paragraph (1) shall not affect the right of the officer or employee to
seek or accept employment in any other department, agency, or element
of the United States Government if declared eligible for such
employment by the Office of Personnel Management.
(c) Other Rights and Protections of Employees and Applicants.--
Employees and applicants for employment of the National Intelligence
Authority shall have the same rights and protections under the
Authority as employees of the Central Intelligence Agency have under
the Central Intelligence Agency Act of 1949, and other applicable
provisions of law, as of the date of the enactment of this Act.
(d) Regulations.--The National Intelligence Director shall
prescribe regulations on the application of the authorities, rights,
and protections in and made applicable by subsections (a), (b), and
(c), to the personnel of the National Intelligence Authority.
SEC. 164. ETHICS MATTERS.
(a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of
title 5, United States Code, is amended--
(1) in subclause (XII), by striking ``or'' at the end; and
(2) by inserting after subclause (XIII) the following new
subclause:
``(XIV) the National Intelligence Authority; or''.
(b) Deletion of Information About Foreign Gifts.--Section
7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by striking
``the Director of Central Intelligence'' and inserting ``the
Director of the Central Intelligence Agency''; and
(3) by adding at the end the following new subparagraph:
``(B) In transmitting such listings for the National Intelligence
Authority, the National Intelligence Director may delete the
information described in subparagraphs (A) and (C) of paragraphs (2)
and (3) if the Director certifies in writing to the Secretary of State
that the publication of such information could adversely affect United
States intelligence sources.''.
(c) Exemption from Financial Disclosures.--Section 105(a)(1) of the
Ethics in Government Act (5 U.S.C. App.) is amended by inserting ``the
National Intelligence Authority,'' before ``the Central Intelligence
Agency''.
TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES
Subtitle A--Improvements of Intelligence Activities
SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2005 the
aggregate amount of appropriations requested in the budget of the
President for such fiscal year for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress
shall disclose to the public for each fiscal year after fiscal year
2005 the aggregate amount of funds authorized to be appropriated, and
the aggregate amount of funds appropriated, by Congress for such fiscal
year for the National Intelligence Program.
(c) Study of Disclosure of Additional Information.--(1) The
National Intelligence Director shall conduct a study to assess the
advisability of disclosing to the public amounts as follows:
(A) The aggregate amount of appropriations requested in the
budget of the President for each fiscal year for each element
of the intelligence community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds appropriated,
by Congress for each fiscal year for each element of the
intelligence community.
(2) The study under paragraph (1) shall--
(A) address whether or not the disclosure to the public of
the information referred to in that paragraph would harm the
national security of the United States; and
(B) take into specific account concerns relating to the
disclosure of such information for each element of the
intelligence community.
(3) Not later than 180 days after the effective date of this
section, the Director shall submit to Congress a report on the study
under paragraph (1).
SEC. 202. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 401 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 National Intelligence Director, who shall chair
the Council.
``(2) The Secretary of State.
``(3) The Secretary of the Treasury.
``(4) The Secretary of Defense.
``(5) The Attorney General.
``(6) The Secretary of Energy.
``(7) The Secretary of Homeland Security.
``(8) Such other 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 National Intelligence Director to in developing and
implementing a joint, unified national intelligence effort to protect
national security by--
``(1) advising the Director on establishing requirements,
developing budgets, financial management, and monitoring and
evaluating the performance of the intelligence community, and
on such other matters as the Director may request; and
``(2) ensuring the timely execution of programs, policies,
and directives established or developed by the Director.
``(d) Meetings.--The National Intelligence Director 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 National Intelligence Director 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.''.
SEC. 203. 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(a)(8).
(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 principle 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. 205. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
(a) Short Title.--This section may be cited as the ``Federal Bureau
of Investigation Intelligence Career Service Authorization Act of
2005''.
(b) Establishment of Federal Bureau of Investigation Intelligence
Career Service.--
(1) In general.--The Director of the Federal Bureau of
Investigation, in consultation with the Director of the Office
of Personnel Management--
(A) may establish positions for intelligence
analysts, without regard to chapter 51 of title 5,
United States Code;
(B) shall prescribe standards and procedures for
establishing and classifying such positions; and
(C) may 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) Levels of performance.--Any performance management
system established for intelligence analysts shall have at
least 1 level of performance above a retention standard.
(c) 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--
(1) the Committees on Appropriations of the Senate and the
House of Representatives;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on Government Reform of the House of
Representatives;
(4) the congressional intelligence committees; and
(5) the Committees on the Judiciary of the Senate and the
House of Representatives.
(d) 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--
(1) the Committees on Appropriations of the Senate and the
House of Representatives;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on Government Reform of the House of
Representatives;
(4) the congressional intelligence committees; and
(5) the Committees on the Judiciary of the Senate and the
House of Representatives.
SEC. 206. 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. 207. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Executive council.--The term ``Executive Council''
means the Executive Council on Information Sharing established
under subsection (h).
(2) Homeland security information.--The term ``homeland
security information'' means all information, whether
collected, produced, or distributed by intelligence, law
enforcement, military, homeland security, or other activities
relating to--
(A) the existence, organization, capabilities,
plans, intentions, vulnerabilities, means of finance or
material support, or activities of foreign or
international terrorist groups or individuals, or of
domestic groups or individuals involved in
transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United
States interests, or to those of other nations;
(C) communications of or by such groups or
individuals; or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or
individuals.
(3) Environment.--The term ``Environment'' means the
Information Sharing Environment as described under subsection
(c).
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks upon the United States, Congress makes
the following findings:
(1) The effective use of information, from all available
sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-
source analysis, and to a greater likelihood of ``connecting
the dots'', is resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional
intelligence but also other government databases, such as those
containing customs or immigration information. However, the
United States Government has a weak system for processing and
using the information it has.
(3) In the period preceding September 11, 2001, there were
instances of potentially helpful information that was available
but that no person knew to ask for; information that was
distributed only in compartmented channels, and information
that was requested but could not be shared.
(4) Current security requirements nurture over-
classification and excessive compartmentalization of
information among agencies. Each agency's incentive structure
opposes sharing, with risks, including criminal, civil, and
administrative sanctions, but few rewards for sharing
information.
(5) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated ``need
to know'' before sharing. This approach assumes that it is
possible to know, in advance, who will need to use the
information. An outgrowth of the cold war, such a system
implicitly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing. Such assumptions are
no longer appropriate. Although counterintelligence concerns
are still real, the costs of not sharing information are also
substantial. The current ``need-to-know'' culture of
information protection needs to be replaced with a ``need-to-
share'' culture of integration.
(6) A new approach to the sharing of intelligence and
homeland security information is urgently needed. An important
conceptual model for a new ``trusted information network'' is
the Systemwide Homeland Analysis and Resource Exchange (SHARE)
Network proposed by a task force of leading professionals
assembled by the Markle Foundation and described in reports
issued in October 2002 and December 2003.
(7) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential leadership
is required to bring about governmentwide change.
(c) Information Sharing Environment.--
(1) Establishment.--The President shall establish a trusted
information network and secure information sharing environment
to promote sharing of intelligence and homeland security
information in a manner consistent with national security and
the protection of privacy and civil liberties, and based on
clearly defined and consistently applied policies and
procedures, and valid investigative, analytical or operational
requirements.
(2) Attributes.--The Environment shall promote
coordination, communication and collaboration of people and
information among all relevant Federal departments and
agencies, State, tribal, and local authorities, and relevant
private sector entities, including owners and operators of
critical infrastructure, by using policy guidelines and
technologies that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where
appropriate and allows users to share information among
agencies, between levels of government, and, as
appropriate, with the private sector;
(B) the sharing of information in a form and manner
that facilitates its use in analysis, investigations
and operations;
(C) building upon existing systems capabilities
currently in use across the Government;
(D) utilizing industry best practices, including
minimizing the centralization of data and seeking to
use common tools and capabilities whenever possible;
(E) employing an information access management
approach that controls access to data rather than to
just networks;
(F) facilitating the sharing of information at and
across all levels of security by using policy
guidelines and technologies that support writing
information that can be broadly shared;
(G) providing directory services for locating
people and information;
(H) incorporating protections for individuals'
privacy and civil liberties;
(I) incorporating strong mechanisms for information
security and privacy and civil liberties guideline
enforcement in order to enhance accountability and
facilitate oversight, including--
(i) multifactor authentication and access
control;
(ii) strong encryption and data protection;
(iii) immutable audit capabilities;
(iv) automated policy enforcement;
(v) perpetual, automated screening for
abuses of network and intrusions; and
(vi) uniform classification and handling
procedures;
(J) compliance with requirements of applicable law
and guidance with regard to the planning, design,
acquisition, operation, and management of information
systems;
(K) permitting continuous system upgrades to
benefit from advances in technology while preserving
the integrity of stored data; and
(L) utilizing privacy-enhancing technologies that
minimize the inappropriate dissemination and disclosure
of personally identifiable information.
(d) Immediate Actions.--Not later than 180 days after the date of
the enactment of this Act, the principal officer as designated in
subsection 206(g), in consultation with the Executive Council, shall--
(1) submit to the President and to Congress a description
of the technological, legal, and policy issues presented by the
creation of the Environment described in subsection (c), and
the way in which these issues will be addressed;
(2) establish electronic directory services to assist in
locating in the Federal Government intelligence and homeland
security information and people with relevant knowledge about
intelligence and homeland security information; and
(3) conduct a review of relevant current Federal agency
capabilities, including--
(A) a baseline inventory of current Federal systems
that contain intelligence or homeland security
information;
(B) the money currently spent to maintain those
systems; and
(C) identification of other information that should
be included in the Environment.
(e) 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) in consultation with the Executive Council, issue
guidelines--
(A) for acquiring, accessing, sharing, and using
information, including guidelines to ensure that
information is provided in its most shareable form,
such as by separating out data from the sources and
methods by which that data are obtained; and
(B) issue guidelines on classification policy and
handling procedures across Federal agencies, including
commonly accepted processing and access controls, in
the course of which review, the President may consider
any comments submitted by the Select Committee on
Intelligence, the Committee on Armed Services, the
Committee on Foreign Relations of the Senate, and the
Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
International Relations of the House of Representatives
regarding--
(i) the scope of the review the President
should undertake in formulating the guidelines
under this subparagraph; and
(ii) the substance of what guidelines
should be issued.
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 211, issue guidelines
that--
(A) protect privacy and civil liberties in the
development and use of the Environment; and
(B) shall be made public, unless, and only to the
extent that, nondisclosure is clearly necessary to
protect national security; and
(3) require the heads of Federal departments and agencies
to promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and
unnecessary requirements for originator approval; and
(B) providing affirmative incentives for
information sharing, such as the incorporation of
information sharing performance measures into agency
and managerial evaluations, and employee awards for
promoting innovative information sharing practices.
(f) Enterprise Architecture and Implementation Plan.--Not later
than 1 year after the date of the enactment of this Act, the President
shall submit to Congress an enterprise architecture and implementation
plan for the Environment. The enterprise architecture and
implementation plan shall be prepared by the principal officer in
consultation with the Executive Council and shall include--
(1) a description of the parameters of the proposed
Environment, including functions, capabilities, and resources;
(2) a delineation of the roles of the Federal departments
and agencies that will participate in the development of the
Environment, including identification of any agency that will
build the infrastructure needed to operate and manage the
Environment (as distinct from the individual agency components
that are to be part of the Environment), with the delineation
of roles to be consistent with--
(A) the authority of the National Intelligence
Director under this Act to set standards for
information sharing and information technology
throughout the intelligence community; and
(B) the authority of the Secretary of Homeland
Security and the role of the Department of Homeland
Security in coordinating with State, tribal, and local
officials and the private sector;
(3) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(4) an enterprise architecture that--
(A) is consistent with applicable laws and guidance
with regard to planning, design, acquisition,
operation, and management of information systems;
(B) will be used to guide and define the
development and implementation of the Environment; and
(C) addresses the existing and planned enterprise
architectures of the departments and agencies
participating in the Environment;
(5) a description of how privacy and civil liberties will
be protected throughout the design and implementation of the
Environment;
(6) objective, systemwide performance measures to enable
the assessment of progress toward achieving full implementation
of the Environment;
(7) a plan, including a time line, for the development and
phased implementation of the Environment;
(8) total budget requirements to develop and implement the
Environment, including the estimated annual cost for each of
the 5 years following the date of the enactment of this Act;
(9) an estimate of training requirements needed to ensure
that the Environment will be adequately implemented and
property utilized;
(10) an analysis of the cost to State, tribal, and local
governments and private sector entities for equipment and
training needed to effectively utilize the Environment; and
(11) proposals for any legislation that the Director of
Management and Budget determines necessary to implement the
Environment.
(g) Responsibilities of Executive Council for Information Sharing
Environment.--Not later than 120 days after the date of enactment, with
notification to Congress, the President shall designate an individual
as the principal officer responsible for information sharing across the
Federal government. That individual shall have and exercise
governmentwide authority and have management expertise in enterprise
architecture, information sharing, and interoperability.
(1) Additional duties and responsibilities.--
(A) In general.--The principal officer designated
under this subsection, in consultation with the
Executive Council, shall--
(i) implement and manage the Environment;
(ii) develop and implement policies,
procedures, guidelines, rules, and standards as
appropriate to foster the development and
proper operation of the Environment; and
(iii) assist, monitor, and assess the
implementation of the Environment 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 Environment;
(ii) address development, implementation,
and oversight of technical standards and
requirements;
(iii) address and facilitate information
sharing between and among departments and
agencies of the intelligence community, the
Department of Defense, the Homeland Security
community and the law enforcement community;
(iv) address and facilitate information
sharing between Federal departments and
agencies and State, tribal and local
governments;
(v) address and facilitate, as appropriate,
information sharing between Federal departments
and agencies and the private sector;
(vi) address and facilitate, as
appropriate, information sharing between
Federal departments and agencies with foreign
partners and allies; and
(vii) ensure the protection of privacy and
civil liberties.
(h) Establishment of Executive Council.--There is established an
Executive Council on Information Sharing that shall assist the
principal officer as designated under subsection 206(g) in the
execution of the duties under this Act concerning information sharing.
(1) Membership.--The Executive Council shall be chaired by
the principal officer as designated in subsection 206(g). The
members of the Executive Council shall be--
(A) the Director of Management and Budget;
(B) the Secretary of Homeland Security or his
designee;
(C) the Secretary of Defense or his designee;
(D) the Attorney General or his designee;
(E) the Secretary of State or his designee;
(F) the Director of the Federal Bureau of
Investigation or his designee;
(G) the National Intelligence Director or his
designee;
(H) The Director of Central Intelligence Agency or
his designees;
(I) such other Federal officials as the President
shall designate;
(J) representatives of State, tribal, and local
governments, to be appointed by the President; and
(K) individuals who are employed in private
businesses or nonprofit organizations that own or
operate critical infrastructure, to be appointed by the
President.
(2) Responsibilities.--The Executive Council shall assist
the President in--
(A) implementing and managing the Environment;
(B) developing policies, procedures, guidelines,
rules, and standards necessary to establish and
implement the Environment;
(C) ensuring there is coordination among
departments and agencies participating in the
Environment in the development and implementation of
the Environment;
(D) reviewing, on an ongoing basis, policies,
procedures, guidelines, rules, and standards related to
the implementation of the Environment;
(E) establishing a dispute resolution process to
resolve disagreements among departments and agencies
about whether particular information should be shared
and in what manner; and
(F) considering input provided by persons from
outside the Federal government with significant
experience and expertise in policy, technical, and
operational matters, including issues of security,
privacy, or civil liberties.
(3) Inapplicability of federal advisory committee act.--The
Council shall not be subject to the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.).
(4) Reports.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the principal
officer as designated in section 206(g), shall submit a report
to the President and to Congress that shall include--
(A) a description of the activities and
accomplishments of the Council in the preceding year;
and
(B) the number and dates of the meetings held by
the Council and a list of attendees at each meeting.
(5) Informing the public.--The Executive Council shall--
(A) make its reports to Congress available to the
public to the greatest extent that is consistent with
the protection of classified information and applicable
law; and
(B) otherwise inform the public of its activities,
as appropriate and in a manner consistent with the
protection of classified information and applicable
law.
(i) Reports.--
(1) In general.--Not later than 15 months after the date of
the enactment of this Act, and semiannually thereafter, the
President shall submit a report to Congress on the state of the
Environment 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
Environment has been implemented, including how the
Environment has fared on the governmentwide and agency-
specific performance measures and whether the
performance goals set in the preceding year have been
met;
(B) objective systemwide performance goals for the
following year;
(C) an accounting of how much was spent on the
Environment in the preceding year;
(D) actions taken to ensure that agencies procure
new technology that is consistent with the Environment
and information on whether new systems and technology
are consistent with the Environment;
(E) the extent to which, in appropriate
circumstances, all terrorism watch lists are available
for combined searching in real time through the
Environment and whether there are consistent standards
for placing individuals on, and removing individuals
from, the watch lists, including the availability of
processes for correcting errors;
(F) the extent to which unnecessary roadblocks,
impediments, or disincentives to information sharing,
including the inappropriate use of paper-only
intelligence products and requirements for originator
approval, have been eliminated;
(G) the extent to which positive incentives for
information sharing have been implemented;
(H) the extent to which classified information is
also made available through the Environment, in whole
or in part, in unclassified form;
(I) the extent to which State, tribal, and local
officials--
(i) are participating in the Environment;
(ii) have systems which have become
integrated into the Environment;
(iii) are providing as well as receiving
information; and
(iv) are using the Environment to
communicate with each other;
(J) the extent to which--
(i) private sector data, including
information from owners and operators of
critical infrastructure, is incorporated in the
Environment; and
(ii) the private sector is both providing
and receiving information;
(K) where private sector data has been used by the
Government or has been incorporated into the
Environment--
(i) the measures taken to protect sensitive
business information; and
(ii) where the data involves information
about individuals, the measures taken to ensure
the accuracy of such data;
(L) the measures taken by the Federal government to
ensure the accuracy of other information on the
Environment and, in particular, the accuracy of
information about individuals;
(M) an assessment of the Environment's privacy and
civil liberties protections, including actions taken in
the preceding year to implement or enforce privacy and
civil liberties protections and a report of complaints
received about interference with an individual's
privacy or civil liberties; and
(N) an assessment of the security protections of
the Environment.
(j) Agency Responsibilities.--The head of each department or agency
possessing or using intelligence or homeland security information or
otherwise participating in the Environment shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules,
and standards established for the Environment under subsections
(c) and (g);
(2) ensure the provision of adequate resources for systems
and activities supporting operation of and participation in the
Environment; and
(3) ensure full agency or department cooperation in the
development of the Environment and associated enterprise
architecture to implement governmentwide information sharing,
and in the management and acquisition of information technology
consistent with applicable law.
(k) Agency Plans and Reports.--Each Federal department or agency
that possesses or uses intelligence and homeland security information,
operates a system in the Environment or otherwise participates, or
expects to participate, in the Environment, shall submit to the
principal officer as designated in section 206(g)--
(1) not later than 15 months after the date of the
enactment of this Act, a report including--
(A) a strategic plan for implementation of the
Environment's requirements within the department or
agency;
(B) objective performance measures to assess the
progress and adequacy of the department or agency's
information sharing efforts; and
(C) budgetary requirements to integrate the agency
into the Environment, including projected annual
expenditures for each of the following 5 years
following the submission of the report; and
(2) annually thereafter, reports including--
(A) an assessment of the progress of the department
or agency in complying with the Environment's
requirements, including how well the agency has
performed on the objective measures developed under
paragraph (1)(B);
(B) the agency's expenditures to implement and
comply with the Environment's requirements in the
preceding year; and
(C) the agency's or department's plans for further
implementation of the Environment in the year following
the submission of the report.
(l) Periodic Assessments.--
(1) Comptroller general.--
(A) In general.--Not later than 15 months after the
date of the enactment of this Act, and periodically
thereafter, the Comptroller General shall evaluate the
implementation of the Environment, both generally and,
at the discretion of the Comptroller General, within
specific departments and agencies, to determine the
extent of compliance with the Environment's
requirements and to assess the effectiveness of the
Environment in improving information sharing and
collaboration and in protecting privacy and civil
liberties, and shall report to Congress on the findings
of the Comptroller General.
(B) Information available to the comptroller
general.--Upon request by the Comptroller General,
information relevant to an evaluation under subsection
(a) shall be made available to the Comptroller General
under section 716 of title 31, United States Code.
(C) Consultation with congressional committees.--If
a record is not made available to the Comptroller
General within a reasonable time, before the
Comptroller General files a report under section
716(b)(1) of title 31, United States Code, the
Comptroller General shall consult with the Select
Committee on Intelligence of the Senate, the Permanent
Select Committee on Intelligence of the House of
Representatives, the Committee on Governmental Affairs
of the Senate, and the Committee on Government Reform
of the House of Representatives concerning the
Comptroller's intent to file a report.
(2) Inspectors general.--The Inspector General in any
Federal department or agency that possesses or uses
intelligence or homeland security information or that otherwise
participates in the Environment shall, at the discretion of the
Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that
department or agency with the Environment's
requirements; and
(ii) assess the effectiveness of that
department or agency in improving information
sharing and collaboration and in protecting
privacy and civil liberties; and
(B) issue reports on such audits and
investigations.
(m) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $50,000,000 to carry out this section for fiscal year
2005; and
(2) such sums as are necessary to carry out this section in
each fiscal year thereafter, to be disbursed and allocated in
accordance with the Environment implementation plan required by
subsection (f).
SEC. 207. ALTERNATIVE ANALYSES OF INTELLIGENCE BY THE INTELLIGENCE
COMMUNITY.
(a) Sense of Congress.--It is the sense of Congress that the
National Intelligence Director should consider the advisability of
establishing for each element of the intelligence community an element,
office, or component whose purpose is the alternative analysis
(commonly referred to as a ``red-team analysis'') of the information
and conclusions in the intelligence products of such element of the
intelligence community.
(b) Report.--(1) Not later than one year after the date of the
enactment of this Act, the National Intelligence Director shall submit
to Congress a report on the actions taken to establish for each element
of the intelligence community an element, office, or component
described in subsection (a).
(2) The report shall be submitted in an unclassified form, but may
include a classified annex.
SEC. 208. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF DEFENSE
SCIENCE BOARD ON PREVENTING AND DEFENDING AGAINST
CLANDESTINE NUCLEAR ATTACK.
(a) Finding.--Congress finds that the June 2004 report of the
Defense Science Board Task Force on Preventing and Defending Against
Clandestine Nuclear Attack--
(1) found that it would be easy for adversaries to
introduce and detonate a nuclear explosive clandestinely in the
United States;
(2) found that clandestine nuclear attack and defense
against such attack should be treated as an emerging aspect of
strategic warfare and that those matters warrant national and
Department of Defense attention; and
(3) called for a serious national commitment to a
multidepartment program to create a multi-element, layered,
global, civil/military complex of systems and capabilities that
can greatly reduce the likelihood of a successful clandestine
attack, achieving levels of protection effective enough to
warrant the effort.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of Energy, submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
actions proposed to be taken to address the recommendations of the
Defense Science Board Task Force on Preventing and Defending Against
Clandestine Nuclear Attack.
SEC. 209. USE OF UNITED STATES COMMERCIAL REMOTE SENSING SPACE
CAPABILITIES FOR IMAGERY AND GEOSPATIAL INFORMATION
REQUIREMENTS.
(a) In General.--The National Intelligence Director shall take
actions to ensure, to the extent practicable, the utilization of United
States commercial remote sensing space capabilities to fulfill the
imagery and geospatial information requirements of the intelligence
community.
(b) Procedures for Utilization.--The National Intelligence Director
may prescribe procedures for the purpose of meeting the requirement in
subsection (a).
(c) Definitions.--In this section, the terms ``imagery'' and
``geospatial information'' have the meanings given such terms in
section 467 of title 10, United States Code.
SEC. 210. PERMANENT AUTHORITY FOR PUBLIC INTEREST DECLASSIFICATION
BOARD.
(a) In General.--Section 710 of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-567; 50
U.S.C. 435 note) is amended--
(1) by striking ``(a) Effective Date.--''; and
(2) by striking subsection (b).
(b) Conforming Amendment.--The head of such section is amended by
striking ``; SUNSET''.
(c) Limitation on Funds.--Notwithstanding any other provision of
this section, none of the funds provided pursuant to subsection (m) may
be obligated for deployment or implementation of the Environment unless
the guidelines and requirements under subsection (e) are submitted to
Congress.
Subtitle B--Privacy and Civil Liberties
SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--There is established within the Executive Office
of the President a Privacy and Civil Liberties Oversight Board
(referred to in this subtitle as the ``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to protect
the precious liberties that are vital to our way of life and to
ensure that the Government uses its powers for the purposes for
which the powers were given.
(c) Purpose.--The Board shall--
(1) analyze and review actions the executive branch takes
to protect the Nation from terrorism, ensuring that the need
for such actions is balanced with the need to protect privacy
and civil liberties; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under subsections (e)
and (g) of section 205;
(B) review the implementation of new and existing
legislation, regulations, and policies related to
efforts to protect the Nation from terrorism, including
the implementation of information sharing guidelines
under subsections (e) and (g) of section 205;
(C) advise the President and the departments,
agencies, and elements of the executive branch to
ensure that privacy and civil liberties are
appropriately considered in the development and
implementation of such legislation, regulations,
policies, and guidelines; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the department, agency, or element of the
executive branch has established--
(i) that the need for the power is balanced
with the need to protect privacy and civil
liberties;
(ii) that there is adequate supervision of
the use by the executive branch of the power to
ensure protection of privacy and civil
liberties; and
(iii) that there are adequate guidelines
and oversight to properly confine its use.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures, and
the implementation of the regulations, policies, and
procedures, of the departments, agencies, and elements
of the executive branch to ensure that privacy and
civil liberties are protected;
(B) the information sharing practices of the
departments, agencies, and elements of the executive
branch to determine whether they appropriately protect
privacy and civil liberties and adhere to the
information sharing guidelines prescribed under
subsections (e) and (g) of section 205 and to other
governing laws, regulations, and policies regarding
privacy and civil liberties; and
(C) other actions by the executive branch related
to efforts to protect the Nation from terrorism to
determine whether such actions--
(i) appropriately protect privacy and civil
liberties; and
(ii) are consistent with governing laws,
regulations, and policies regarding privacy and
civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall--
(A) review and assess reports and other information
from privacy officers and civil liberties officers
described in section 212;
(B) when appropriate, make recommendations to such
privacy officers and civil liberties officers regarding
their activities; and
(C) when appropriate, coordinate the activities of
such privacy officers and civil liberties officers on
relevant interagency matters.
(4) Testimony.--The Members of the Board shall appear and
testify before Congress upon request.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy
officers and civil liberties officers described in
section 212; and
(B) periodically submit, not less than
semiannually, reports--
(i)(I) to the appropriate committees of
Congress, including the Committees on the
Judiciary of the Senate and the House of
Representatives, the Committee on Governmental
Affairs of the Senate, the Committee on
Government Reform of the House of
Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
(II) to the President; and
(ii) which shall be in unclassified form to
the greatest extent possible, with a classified
annex where necessary.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the
Board during the preceding period;
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice
and oversight functions under subsection (d);
(C) the minority views on any findings,
conclusions, and recommendations of the Board resulting
from its advice and oversight functions under
subsection (d); and
(D) each proposal reviewed by the Board under
subsection (d)(1) that--
(i) the Board advised against
implementation; and
(ii) notwithstanding such advice, actions
were taken to implement.
(f) Informing the Public.--The Board shall--
(1) make its reports, including its reports to Congress,
available to the public to the greatest extent that is
consistent with the protection of classified information and
applicable law; and
(2) hold public hearings and otherwise inform the public of
its activities, as appropriate and in a manner consistent with
the protection of classified information and applicable law.
(g) 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--
(A) have access from any department, agency, or
element of the executive branch, or any Federal officer
or employee, to all relevant records, reports, audits,
reviews, documents, papers, recommendations, or other
relevant material, including classified information
consistent with applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any department, agency, or
element of the executive branch, or any Federal officer
or employee;
(C) request information or assistance from any
State, tribal, or local government; and
(D) require, by subpoena issued at the direction of
a majority of the members of the Board, persons (other
than departments, agencies, and elements of the
executive branch) to produce any relevant information,
documents, reports, answers, records, accounts, papers,
and other documentary or testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in which
the subpoenaed person resides, is served, or may be found may
issue an order requiring such person to produce the evidence
required by such subpoena.
(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, agency, or element concerned without delay.
The head of the department, agency, or element concerned shall
ensure that the Board is given access to the information,
assistance, material, or personnel the Board determines to be
necessary to carry out its functions.
(h) Membership.--
(1) Members.--The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, expertise in civil liberties and
privacy, and relevant experience, and without regard to
political affiliation, but in no event shall more than 3
members of the Board be members of the same political party.
(3) 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.
(4) Term.--Each member of the Board shall serve a term of
six years, except that--
(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term;
(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the
member's successor has been appointed and qualified,
except that no member may serve under this
subparagraph--
(i) for more than 60 days when Congress is
in session unless a nomination to fill the
vacancy shall have been submitted to the
Senate; or
(ii) after the adjournment sine die of the
session of the Senate in which such nomination
is submitted; and
(C) the members initially appointed under this
subsection shall serve terms of two, three, four, five,
and six years, respectively, from the effective date of
this Act, with the term of each such member to be
designated by the President.
(5) Quorum and meetings.--After its initial meeting, 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.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman shall be compensated at
the rate of pay payable for a position at level III of
the Executive Schedule under section 5314 of title 5,
United States Code.
(B) Members.--Each member of the Board shall be
compensated at a rate of pay payable for a position at
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during
which that member is engaged in the actual performance
of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Government under section 5703(b) of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The Chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of a full-time executive director and
such other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of such title.
(k) Security Clearances.--The appropriate departments, agencies,
and elements of the executive branch shall cooperate with the Board to
expeditiously provide the Board members and staff with appropriate
security clearances to the extent possible under existing procedures
and requirements.
(l) Treatment as Agency, Not as Advisory Committee.--The Board--
(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) Designation and Functions.--The Attorney General, the Secretary
of Defense, the Secretary of State, the Secretary of the Treasury, the
Secretary of Health and Human Services, the Secretary of Homeland
Security, the National Intelligence Director, the Director of the
Central Intelligence Agency, and the head of any other department,
agency, or element of the executive branch designated by the Privacy
and Civil Liberties Oversight Board to be appropriate for coverage
under this section shall designate not less than 1 senior officer to--
(1) assist the head of such department, agency, or element
and other officials of such department, agency, or element in
appropriately considering privacy and civil liberties concerns
when such officials are proposing, developing, or implementing
laws, regulations, policies, procedures, or guidelines related
to efforts to protect the Nation against terrorism;
(2) periodically investigate and review department, agency,
or element actions, policies, procedures, guidelines, and
related laws and their implementation to ensure that such
department, agency, or element is adequately considering
privacy and civil liberties in its actions;
(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such department,
agency, or element has violated their privacy or civil
liberties; and
(4) in providing advice on proposals to retain or enhance a
particular governmental power the officer shall consider
whether such department, agency, or element has established--
(i) that the need for the power is balanced
with the need to protect privacy and civil
liberties;
(ii) that there is adequate supervision of
the use by such department, agency, or element
of the power to ensure protection of privacy
and civil liberties; and
(iii) that there are adequate guidelines
and oversight to properly confine its use.
(b) Exception to Designation Authority.--
(1) Privacy officers.--In any department, agency, or
element referred to in subsection (a) or designated by the
Board, which has a statutorily created privacy officer, such
officer shall perform the functions specified in subsection (a)
with respect to privacy.
(2) Civil liberties officers.--In any department, agency,
or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer,
such officer shall perform the functions specified in
subsection (a) with respect to civil liberties.
(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
(1) report directly to the head of the department, agency,
or element concerned; and
(2) coordinate their activities with the Inspector General
of such department, agency, or element to avoid duplication of
effort.
(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
(1) has the information, material, and resources necessary
to fulfill the functions of such officer;
(2) is advised of proposed policy changes;
(3) is consulted by decision makers; and
(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
(f) Periodic Reports.--
(1) In general.--The privacy officers and civil liberties
officers of each department, agency, or element referred to or
described in subsection (a) or (b) shall periodically, but not
less than quarterly, submit a report on the activities of such
officers--
(A)(i) to the appropriate committees of Congress,
including the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on
Government Reform of the House of Representatives, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House
of Representatives;
(ii) to the head of such department, agency, or
element; and
(iii) to the Privacy and Civil Liberties Oversight
Board; and
(B) which shall be in unclassified form to the
greatest extent possible, with a classified annex where
necessary.
(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
functions of the officer concerned, including--
(A) information on the number and types of reviews
undertaken;
(B) the type of advice provided and the response
given to such advice;
(C) the number and nature of the complaints
received by the department, agency, or element
concerned for alleged violations; and
(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and
the impact of the activities of such officer.
(g) Informing the Public.--Each privacy officer and civil liberties
officer shall--
(1) make the reports of such officer, including reports to
Congress, available to the public to the greatest extent that
is consistent with the protection of classified information and
applicable law; and
(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
(h) Savings Clause.--Nothing in this section shall be construed to
limit or otherwise supplant any other authorities or responsibilities
provided by law to privacy officers or civil liberties officers.
(i) Protections for Human Research Subjects.--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 such Department.
Subtitle C--Independence of Intelligence Agencies
SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DIRECTOR.
(a) Location Outside Executive Office of the President.--The
National Intelligence Director shall not be located within the
Executive Office of the President.
(b) Provision of National Intelligence.--The National Intelligence
Director shall provide to the President and Congress national
intelligence that is timely, objective, independent of political
considerations, and has not been shaped to serve policy goals.
SEC. 222. INDEPENDENCE OF INTELLIGENCE.
(a) Director of National Counterterrorism Center.--The Director of
the National Counterterrorism Center shall provide to the President,
Congress, and the National Intelligence Director national intelligence
related to counterterrorism that is timely, objective, independent of
political considerations, and has not been shaped to serve policy
goals.
(b) Directors of National Intelligence Centers.--Each Director of a
national intelligence center established under section 144 shall
provide to the President, Congress, and the National Intelligence
Director intelligence information that is timely, objective,
independent of political considerations, and has not been shaped to
serve policy goals.
(c) Director of Central Intelligence Agency.--The Director of the
Central Intelligence Agency shall ensure that intelligence produced by
the Central Intelligence Agency is timely, objective, independent of
political considerations, and has not been shaped to serve policy
goals.
(d) National Intelligence Council.--The National Intelligence
Council shall produce national intelligence estimates for the United
States Government that are timely, objective, independent of political
considerations, and have not been shaped to serve policy goals.
SEC. 223. INDEPENDENCE OF NATIONAL COUNTERTERRORISM CENTER.
No officer, department, agency, or element of the executive branch
shall have any authority to require the Director of the National
Counterterrorism Center--
(1) to receive permission to testify before Congress; or
(2) to submit testimony, legislative recommendations, or
comments to any officer or agency of the United States for
approval, comments, or review prior to the submission of such
recommendations, testimony, or comments to Congress if such
recommendations, testimony, or comments include a statement
indicating that the views expressed therein are those of the
agency submitting them and do not necessarily represent the
views of the Administration.
SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO NATIONAL INTELLIGENCE.
(a) Documents Required To Be Provided to Congressional
Committees.--The National Intelligence Director, the Director of the
National Counterterrorism Center, and the Director of a national
intelligence center shall provide to the committees and Members of
Congress specified in subsection (c), and any other committee of
Congress with jurisdiction over the subject matter to which the
information relates, all intelligence assessments, intelligence
estimates, sense of intelligence community memoranda, and daily senior
executive intelligence briefs, other than the Presidential Daily Brief
and those reports prepared exclusively for the President.
(b) Response to Requests From Congress Required.--
(1) In general.--Except as provided in paragraph (3), in
addition to providing material under subsection (a), the
National Intelligence Director, the Director of the National
Counterterrorism Center, or the Director of a national
intelligence center shall, not later than 15 days after
receiving a request for any intelligence assessment, report, or
estimate or other intelligence information from the committees
and Members of Congress specified in subsection (c), or any
other committee of Congress with jurisdiction over the subject
matter to which the information relates, make available to such
committee such intelligence assessment, report, or estimate or
other intelligence information.
(2) Certain members.--In addition to requests described in
paragraph (1), the National Intelligence Director shall respond
to requests from the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate and the Chairman and
Ranking Member of the Permanent Select Committee on
Intelligence of the House of Representatives, the Speaker of
the House of Representatives and the Majority Leader and the
Minority Leader of the House of Representatives, and the
Majority Leader and the Minority Leader of the Senate. Upon
making a report covered by this paragraph--
``(A) the Chairman, Vice Chairman, or Ranking
Member, as the case may be, of such a committee shall
notify the other of the Chairman, Vice Chairman, or
Ranking Member, as the case may be, of such committee
of such request;
``(B) the Speaker of the House of Representatives
and the Majority Leader of the House of Representatives
or the Minority Leader of the House of Representatives
shall notify the other or others, as the case may be,
of such request; and
``(C) the Majority Leader and Minority Leader of
the Senate shall notify the other of such request.
(3) Assertions of privilege.--In response to requests
described under paragraph (1) or (2), the National Intelligence
Director, the Director of the National Counterterrorism Center,
or the Director of a national intelligence center shall provide
information, unless the President certifies that such
information is not being provided because the President is
asserting a privilege pursuant to the United States
Constitution.
(c) Committees and Members of Congress.--The committees and Members
of Congress specified in this subsection are--
(1) the Select Committee on Intelligence of the Senate;
(2) the Permanent Select Committee on Intelligence of the
House of Representatives;
(3) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives; and
(4) the Majority Leader and the Minority Leader of the
Senate.
SEC. 225. COMMUNICATIONS WITH CONGRESS.
(a) Disclosure of Certain Information Authorized.--
(1) In general.--Employees of covered agencies and
employees of contractors carrying out activities under
classified contracts with covered agencies may disclose
information described in paragraph (2) to the individuals
referred to in paragraph (3) without first reporting such
information to the appropriate Inspector General.
(2) Covered information.--
(A) In general.--Except as provided in subparagraph
(B), paragraph (1) applies to information, including
classified information, that an employee reasonably
believes provides direct and specific evidence of--
(i) a false or inaccurate statement to
Congress contained in any intelligence
assessment, report, or estimate; or
(ii) the withholding from Congress of any
intelligence information material to any
intelligence assessment, report, or estimate.
(B) Exception.--Paragraph (1) does not apply to
information the disclosure of which is prohibited by
rule 6(e) of the Federal Rules of Criminal Procedure.
(3) Covered individuals.--
(A) In general.--The individuals to whom
information in paragraph (2) may be disclosed are--
(i) a Member of a committee of Congress
having primary responsibility for oversight of
a department, agency, or element of the United
States Government to which the disclosed
information relates and who is authorized to
receive information of the type disclosed;
(ii) the Speaker of the House of
Representatives and the Majority Leader and the
Minority Leader of the House of
Representatives;
(iii) the Majority Leader and the Minority
Leader of the Senate;
(iv) any other Member of Congress who is
authorized to receive information of the type
disclosed; and
(v) an employee of Congress who has the
appropriate security clearance and is
authorized to receive information of the type
disclosed.
(B) Presumption of need for information.--An
individual described in subparagraph (A) to whom
information is disclosed under paragraph (2) shall be
presumed to have a need to know such information.
(b) Construction With Other Reporting Requirements.--Nothing in
this section may be construed to modify, alter, or otherwise affect--
(1) any reporting requirement relating to intelligence
activities that arises under this Act, the National Security
Act of 1947 (50 U.S.C. 401 et seq.), or any other provision of
law; or
(2) the right of any employee of the United States
Government to disclose to Congress in accordance with
applicable law information not described in this section.
(c) Covered Agencies Defined.--In this section, the term ``covered
agencies'' means the following:
(1) The National Intelligence Authority, including the
National Counterterrorism Center.
(2) The Central Intelligence Agency.
(3) The Defense Intelligence Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Security Agency.
(6) The Federal Bureau of Investigation.
(7) Any other Executive agency, or element or unit thereof,
determined by the President under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as its principal function
the conduct of foreign intelligence or counterintelligence
activities.
SEC. 226. CONGRESSIONAL APPEALS OF CLASSIFICATION DECISIONS.
(a) Redesignation of Public Interest Declassification Board as
Independent National Security Classification Board.--(1) Subsection (a)
of section 703 of the Public Interest Declassification Act of 2000
(title VII of Public Law 10-567; 50 U.S.C. 435 note) is amended by
striking ```Public Interest Declassification Board''' and inserting
```Independent National Security Classification Board'''.
(2) The heading of such section is amended to read as follows:
``SEC. 703. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.''.
(b) Review of Classification Decisions.--
(1) In general.--The Independent National Security
Classification Board shall, pursuant to a request under
paragraph (3), review any classification decision made by an
executive agency with respect to national security information.
(2) Access.--The Board shall have access to all documents
or other materials that are classified on the basis of
containing national security information.
(3) Requests for review.--The Board shall review, in a
timely manner, the existing or proposed classification of any
document or other material the review of which is requested by
the chairman or ranking member of--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, or the Select Committee on
Intelligence of the Senate; or
(B) the Committee on Armed Services, the Committee
on International Relations, or the Permanent Select
Committee on Intelligence of the House of
Representatives.
(4) Recommendations.--
(A) In general.--The Board may make recommendations
to the President regarding decisions to classify all or
portions of documents or other material for national
security purposes or to declassify all or portions of
documents or other material classified for such
purposes.
(B) Implementation.--Upon receiving a
recommendation from the Board under subparagraph (A),
the President shall either--
(i) accept and implement such
recommendation; or
(ii) not later than 60 days after receiving
the recommendation if the President does not
accept and implement such recommendation,
transmit in writing to Congress justification
for the President's decision not to implement
such recommendation.
(5) Regulations.--The Board shall prescribe regulations to
carry out this subsection.
(6) Executive agency defined.--In this section, the term
``Executive agency'' has the meaning given that term in section
105 of title 5, United States Code .
Subtitle D--Homeland Security Civil Rights and Civil Liberties
Protection
SEC. 231. SHORT TITLE.
This title may be cited as the ``Homeland Security Civil Rights and
Civil Liberties Protection Act of 2004''.
SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) ensure that the civil rights and civil
liberties of persons are not diminished by efforts,
activities, and programs aimed at securing the
homeland; and''.
SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended--
(1) 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. 234. 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. 235. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
who shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' 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''.
TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY
MANAGEMENT
Subtitle A--Conforming and Other Amendments
SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY ON THE
CENTRAL INTELLIGENCE AGENCY.
(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:
``central intelligence agency
``Sec. 102. (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 103(d).
``director of the central intelligence agency
``Sec. 103. (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 National Intelligence Director regarding the
activities of the Director 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 National Intelligence Director 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 considers the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
``(2) Any termination of employment of an officer or employee under
paragraph (1) shall not affect the right of the officer or employee to
seek or accept employment in any other department, agency, or element
of the United States Government if declared eligible for such
employment by the Office of Personnel Management.
``(f) Coordination With Foreign Governments.--Under the direction
of the National Intelligence Director 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.''
(b) 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 National
Intelligence Director--
(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.
(c) Reports.--(1) Not later than 180 days after the effective date
of this section, and annually thereafter, the Director of the Central
Intelligence Agency shall submit to the National Intelligence Director
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 the
strategy.
(B) A strategy for improving the human intelligence and
other capabilities of the Agency, and the progress of the
Agency in implementing the strategy, including--
(i) the recruitment, training, equipping, and
deployment of personnel required to address the current
and projected threats to the national security of the
United States during each of the 2-year, 5-year, and
10-year periods beginning on the date of such report,
including personnel with the backgrounds, education,
and experience necessary for ensuring a human
intelligence capability adequate for such projected
threats;
(ii) the achievement of a proper balance between
unilateral operations and liaison operations;
(iii) the development of language capabilities
(including the achievement of high standards in such
capabilities by the use of financial incentives and
other mechanisms);
(iv) the sound financial management of the
Directorate of Operations; and
(v) the identification of other capabilities
required to address the current and projected threats
to the national security of the United States during
each of the 2-year, 5-year, and 10-year periods
beginning on the date of such report.
(C) In conjunction with the Director of the National
Security Agency, a strategy for achieving integration between
signals and human intelligence capabilities, and the progress
in implementing the strategy.
(D) Metrics and milestones for measuring progress in the
implementation of each such strategy.
(2)(A) The information in each report under paragraph (1) on the
element of the strategy referred to in paragraph (1)(B)(i) shall
identify the number and types of personnel required to implement the
strategy during each period addressed in such report, include a plan
for the recruitment, training, equipping, and deployment of such
personal, and set forth an estimate of the costs of such activities.
(B) If as of the date of a 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.
(C) The information in each report under paragraph (1) on the
element of the strategy referred to in paragraph (1)(B)(v) shall
identify the other capabilities required to implement the strategy
during each period addressed in such report, include a plan for
developing such capabilities, and set forth an estimate of the costs of
such activities.
SEC. 302. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL
INTELLIGENCE DIRECTOR AND DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National Security Act
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``National Intelligence Director'':
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(E) Section 101(j) (50 U.S.C. 402(j)).
(F) Section 105(a) (50 U.S.C. 403-5(a)).
(G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(I) Section 105B(b) (50 U.S.C. 403-5b(b)).
(J) Section 110(b) (50 U.S.C. 404e(b)).
(K) Section 110(c) (50 U.S.C. 404e(c)).
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(S) Section 115(b) (50 U.S.C. 404j(b)).
(T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(U) Section 116(a) (50 U.S.C. 404k(a)).
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(W) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(X) Section 501(d) (50 U.S.C. 413(d)).
(Y) Section 502(a) (50 U.S.C. 413a(a)).
(Z) Section 502(c) (50 U.S.C. 413a(c)).
(AA) Section 503(b) (50 U.S.C. 413b(b)).
(BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
(CC) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(DD) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(EE) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(FF) Section 603(a) (50 U.S.C. 423(a)).
(GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(HH) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places
it appears.
(JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(KK) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(MM) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(NN) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(OO) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(PP) Section 1001(a) (50 U.S.C. 441g(a)).
(QQ) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(RR) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(SS) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(TT) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place
it appears.
(3) That Act is further amended by striking ``Director'' each place
it appears in the following provisions and inserting ``National
Intelligence Director'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by
striking ``Director of Central Intelligence'' and inserting ``National
Intelligence Director, the Director of the Central Intelligence
Agency''
(5) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational files of
the Central Intelligence Agency may be exempted by the Director
of Central Intelligence'' and inserting ``The Director of the
Central Intelligence Agency, with the coordination of the
National Intelligence Director, may exempt operational files of
the Central Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency and the National Intelligence Director''.
(6) The heading for section 114 of that Act (50 U.S.C. 404i) is
amended to read as follows:
``additional annual reports from the national intelligence director''.
(b) Central Intelligence Agency Act of 1949.--(1) Section 1 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
(A) by redesignating paragraphs (a), (b), and (c) as
paragraphs (1), (2), and (3), respectively; and
(B) 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''.
(2) That Act (50 U.S.C. 403a et seq.) is further amended by
striking ``Director of Central Intelligence'' each place it appears in
the following provisions and inserting ``National Intelligence
Director'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it
appears.
(3) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 20(c) (50 U.S.C. 403t(c)).
(4) That Act is further amended by striking ``Director of Central
Intelligence'' each place it appears in the following provisions and
inserting ``Director of the Central Intelligence Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section 101 of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended
by striking paragraph (2) and inserting the following new paragraph
(2):
``(2) Director.--The term `Director' means the Director of
the Central Intelligence Agency.''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of section
2 of the Central Intelligence Agency Voluntary Separation Pay Act (50
U.S.C. 2001 note) is amended to read as follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by striking ``Director of Central Intelligence'' each place it
appears and inserting ``National Intelligence Director''.
(f) Classified Information Procedures Act.--Section 9(a) of the
Classified Information Procedures Act (5 U.S.C. App.) is amended by
striking ``Director of Central Intelligence'' and inserting ``National
Intelligence Director''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359) is amended by striking
``Director of Central Intelligence'' and inserting ``National
Intelligence Director''.
(2) Public law 107-306.--(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306) is amended by
striking ``Director of Central Intelligence, acting as the head
of the intelligence community,'' each place it appears in the
following provisions and inserting ``National Intelligence
Director'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) Section 341 of that Act (50 U.S.C. 404n-1) is amended
by striking ``Director of Central Intelligence, acting as the
head of the intelligence community, shall establish in the
Central Intelligence Agency'' and inserting ``National
Intelligence Director shall establish within the Central
Intelligence Agency''.
(C) Section 352(b) of that Act (50 U.S.C. 404-3 note) is
amended by striking ``Director'' and inserting ``National
Intelligence Director''.
(3) Public law 108-177.--(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``National
Intelligence Director'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places
it appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ``Director'' the first place it appears and
inserting ``National Intelligence Director''.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
SEC. 303. 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 National Intelligence Director''.
(2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended
by striking ``section 103(c)(6) of this Act'' and inserting ``section
112(a)(14) of the National Intelligence Reform Act of 2004''.
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by
striking ``to the Deputy Director of Central Intelligence, or with
respect to employees of the Central Intelligence Agency, the Director
may delegate such authority to the Deputy Director for Operations'' and
inserting ``to the Principal Deputy National Intelligence Director, or,
with respect to employees of the Central Intelligence Agency, to the
Director of the Central Intelligence Agency''.
(4) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended
by striking ``Reserve for Contingencies of the Central Intelligence
Agency'' and inserting ``Reserve for Contingencies''.
(5) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is
amended by striking ``Office of the Deputy Director of Central
Intelligence'' and inserting ``Office of the National Intelligence
Director''.
(6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ``or the Office of the Director of Central Intelligence''
and inserting ``the Office of the Director of the Central Intelligence
Agency, or the Office of the National Intelligence Director''.
(7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by
striking ``Assistant Director of Central Intelligence for
Administration'' and inserting ``Office of the National Intelligence
Director''.
(b) Central Intelligence Agency 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 112(a)(14) of the
National Intelligence Reform Act of 2004''.
(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 112(a)(14) of the National
Intelligence Reform Act of 2004 that the National Intelligence
Director''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--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 112(a)(14) of the National Intelligence
Reform Act of 2004''.
(2) Public law 108-177.--Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403-3 note) is amended--
(A) in subsection (g), by striking ``Assistant
Director of Central Intelligence for Analysis and
Production'' and inserting ``Principal Deputy National
Intelligence Director''; and
(B) in subsection (h)(2)(C), by striking
``Assistant Director'' and inserting ``Principal Deputy
National Intelligence Director''.
SEC. 304. MODIFICATION OF COUNTERINTELLIGENCE AND NATIONAL INTELLIGENCE
UNDER NATIONAL SECURITY ACT OF 1947.
Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is
amended--
(1) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) The term `counterintelligence' means foreign
intelligence gathered, and information gathering activities
conducted, to protect against espionage, other intelligence
activities, sabotage, or assassinations conducted by or on
behalf of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist
activities.''; and
(2) in paragraph (5)(B)--
(A) by striking ``counterintelligence or''; and
(B) by striking ``expressly provided for in this
title'' and insert ``expressly provided for in law''.
SEC. 305. 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 National Intelligence Authority.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The National Reconnaissance Office.
``(G) Other offices within the Department of
Defense for the collection of specialized national
intelligence through reconnaissance programs.
``(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal
Bureau of Investigation, and the Department of Energy.
``(I) The Bureau of Intelligence and Research of
the Department of State.
``(J) The Office of Intelligence and Analysis of
the Department of the Treasury.
``(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence
information, including the Office of Intelligence of
the Coast Guard.
``(L) Such other elements of any department or
agency as may be designated by the President, or
designated jointly by the National Intelligence
Director and the head of the department or agency
concerned, as an element of the intelligence
community.''.
SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS
NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Section 3 of the National Security Act of 1947
(50 U.S.C. 401a), as amended by this Act, is further amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraph (7) as paragraph (6).
(b) Conforming Amendments.--(1) The National Security Act of 1947,
as amended by this Act, is further amended by striking ``National
Foreign Intelligence Program'' each place it appears in the following
provisions and inserting ``National Intelligence Program'':
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
(C) Section 506(a) (50 U.S.C. 415a(a)).
(2) Section 17(f) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(f)) is amended by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence Program''.
(c) Heading Amendments.--(1) The heading of section 105 of that Act
is amended to read as follows:
``responsibilities of the secretary of defense pertaining to the
national intelligence program''.
(2) The heading of section 506 of that Act is amended to read as
follows:
``specificity of national intelligence program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and
counterintelligence''.
SEC. 307. CONFORMING AMENDMENTS ON RESPONSIBILITIES OF SECRETARY OF
DEFENSE PERTAINING TO NATIONAL INTELLIGENCE PROGRAM.
Section 105(a) of the National Security Act of 1947 (50 U.S.C. 403-
5(a)) is amended--
(1) in paragraph (1), by striking ``ensure'' and inserting
``assist the Director in ensuring''; and
(2) in paragraph (2), by striking ``appropriate''.
SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Appointment of Certain Intelligence Officials.--Section 106 of
the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
(b) Collection Tasking Authority.--Section 111 of the National
Security Act of 1947 (50 U.S.C. 404f) is repealed.
SEC. 309. CONFORMING AMENDMENTS ON FUNDING OF INTELLIGENCE ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is
amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(2) in subsection (e), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) the term `appropriate congressional committees'
means--
``(A)(i) the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the
House of Representatives; and
``(ii) the Select Committee on Intelligence and the
Committee on Appropriations of the Senate;
``(B) in the case of a transfer of funds to or
from, or a reprogramming within, the Department of
Defense--
``(i) the committees and select committees
referred to in subparagraph (A);
``(ii) the Committee on Armed Services of
the House of Representatives; and
``(iii) the Committee on Armed Services of
the Senate; and
``(C) in the case of a transfer of funds to or
from, or a reprogramming within, the Federal Bureau of
Investigation--
``(i) the committees and select committees
referred to in subparagraph (A);
``(ii) the Committee on the Judiciary of
the House of Representatives; and
``(iii) the Committee on the Judiciary of
the Senate; and''.
SEC. 310. MODIFICATION OF DEFINITION OF CONGRESSIONAL INTELLIGENCE
COMMITTEES UNDER NATIONAL SECURITY ACT OF 1947.
(a) In General.--Paragraph (7) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
``(7) The term `congressional intelligence committees'
means--
``(A) the Select Committee on Intelligence of the
Senate;
``(B) the Permanent Select Committee on
Intelligence of the House of Representatives;
``(C) the Speaker of the House of Representatives
and the Majority Leader and the Minority Leader of the
House of Representatives; and
``(D) the Majority Leader and the Minority Leader
of the Senate.''.
(b) Funding of Intelligence Activities.--Paragraph (2) of section
504(e) of that Act (50 U.S.C. 414(e)) is amended to read as follows:
``(2) the term `appropriate congressional committees'
means--
``(A) the Select Committee on Intelligence and the
Committee on Appropriations of the Senate;
``(B) the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the
House of Representatives;
``(C) the Speaker of the House of Representatives
and the Majority Leader and the Minority Leader of the
House of Representatives; and
``(D) the Majority Leader and the Minority Leader
of the Senate;''.
SEC. 311. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents for the National Security Act of 1947 is
amended--
(1) by inserting after the item relating to section 101 the
following new item:
``Sec. 101A. Joint Intelligence Community Council.'';
(2) by striking the items relating to sections 102 through
104 and inserting the following new items:
``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.'';
(3) by striking the item relating to section 105 and
inserting the following new item:
``Sec 105. Responsibilities of the Secretary of Defense pertaining to
the National Intelligence Program.'';
(4) by striking the item relating to section 114 and
inserting the following new item:
``Sec. 114. Additional annual reports from the National Intelligence
Director.'';
and
(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''.
SEC. 312. MODIFICATION OF AUTHORITIES RELATING TO NATIONAL
COUNTERINTELLIGENCE EXECUTIVE.
(a) Appointment of National Counterintelligence Executive.--Section
902(a) of the Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 116 Stat,. 2432; 50 U.S.C. 402b) is amended--
(1) by striking ``President'' and inserting ``National
Intelligence Director''; and
(2) by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
(b) Component of Office of National Intelligence Director.--Such
section is further 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) Component of Office of National Intelligence Director.--The
National Counterintelligence Executive is a component of the Office of
the National Intelligence Director under subtitle C of the National
Intelligence Reform Act of 2004.''.
(c) Duties.--Subsection (d) of such section, as redesignated by
subsection (a)(1) of this section, is amended by adding at the end the
following new paragraph:
``(5) To perform such other duties as may be provided under
section 132(b) of the National Intelligence Reform Act of
2004.''.
(d) Office of National Counterintelligence Executive.--Section 904
of the Counterintelligence Enhancement Act of 2002 (116 Stat. 2434; 50
U.S.C. 402c) is amended--
(1) by striking ``Office of the Director of Central
Intelligence'' each place it appears in subsections (c) and
(l)(1) and inserting ``Office of the National Intelligence
Director'';
(2) by striking ``Director of Central Intelligence'' each
place it appears in subsections (e)(4), (e)(5), (h)(1), and
(h)(2) and inserting ``National Intelligence Director''; and
(3) in subsection (m), by striking ``Director of Central
Intelligence'' and inserting ``National Intelligence Director,
the Director of the Central Intelligence Agency''.
SEC. 313. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL OFFICER OF
THE NATIONAL INTELLIGENCE AUTHORITY.
Section 901(b)(1) of title 31, United States Code, is amended by
adding at the end the following new subparagraph:
``(Q) The National Intelligence Authority.''.
Subtitle B--Transfers and Terminations
SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
FOR COMMUNITY MANAGEMENT.
(a) Transfer.--There shall be transferred to the Office of the
National Intelligence Director the staff of the Office of the Deputy
Director of Central Intelligence for Community Management as of the
date of the enactment of this Act, including all functions and
activities discharged by the Office of the Deputy Director of Central
Intelligence for Community Management as of that date.
(b) Administration.--The National Intelligence Director shall
administer the staff of the Office of the Deputy Director of Central
Intelligence for Community Management after the date of the enactment
of this Act as a component of the Office of the National Intelligence
Director under section 121(d).
SEC. 322. TRANSFER OF NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) Transfer.--There shall be transferred to the Office of the
National Intelligence Director the National Counterintelligence
Executive and the Office of the National Counterintelligence Executive
under the Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402b et seq.), as amended by section 309
of this Act, including all functions and activities discharged by the
National Counterintelligence Executive and the Office of the National
Counterintelligence Executive as of the date of the enactment of this
Act.
(b) Administration.--The National Intelligence Director shall treat
the National Counterintelligence Executive, and administer the Office
of the National Counterintelligence Executive, after the date of the
enactment of this Act as components of the Office of the National
Intelligence Director under section 121(c).
SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) Transfer.--There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center (TTIC),
including all functions and activities discharged by the Terrorist
Threat Integration Center as of the date of the enactment of this Act.
(b) Administration.--The Director of the National Counterterrorism
Center shall administer the Terrorist Threat Integration Center after
the date of the enactment of this Act as a component of the Directorate
of Intelligence of the National Counterterrorism Center under section
143(g)(2).
SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN THE CENTRAL
INTELLIGENCE AGENCY.
(a) Termination.--The positions within the Central Intelligence
Agency referred to in subsection (b) are hereby abolished.
(b) Covered Positions.--The positions within the Central
Intelligence Agency referred to in this subsection are as follows:
(1) The Deputy Director of Central Intelligence for
Community Management.
(2) The Assistant Director of Central Intelligence for
Collection.
(3) The Assistant Director of Central Intelligence for
Analysis and Production.
(4) The Assistant Director of Central Intelligence for
Administration.
Subtitle C--Other Transition Matters
SEC. 331. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5, United
States Code, is amended by adding the end the following new item:
``National Intelligence Director.''.
(b) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended--
(1) by striking the item relating to the Director of
Central Intelligence; and
(2) by adding at the end the following new items:
``The Director of the Central Intelligence Agency''.
``Deputy National Intelligence Directors (5).
``Director of the National Counterterrorism Center.''.
(c) Executive Schedule Level III.--Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Directors of Central Intelligence and inserting the following new item:
``Deputy Director of the Central Intelligence Agency.''.
(d) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the Assistant
Directors of Central Intelligence.
SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES.
The National Intelligence Director, the Director of the Central
Intelligence Agency, and the Secretary of Defense shall jointly take
such actions as are appropriate to preserve the intelligence
capabilities of the United States during the establishment of the
National Intelligence Authority under this Act.
SEC. 333. REORGANIZATION.
(a) Reorganization.--The National Intelligence Director may, with
the approval of the President and after consultation with the
department, agency, or element concerned, allocate or reallocate
functions among the officers of the National Intelligence Program, and
may establish, consolidate, alter, or discontinue organizational units
within the Program, but only after providing notice of such action to
Congress, which shall include an explanation of the rationale for the
action.
(b) Limitation.--The authority under subsection (a) does not extend
to any action inconsistent with law.
(c) Congressional Review.--An action may be taken under the
authority under subsection (a) only with the approval of the following:
(1) Each of the congressional intelligence committees.
(2) Each of the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives.
SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON IMPLEMENTATION OF
INTELLIGENCE COMMUNITY REFORM.
Not later than one year after the date of the enactment of this
Act, the National Intelligence Director shall submit to Congress a
report on the progress made in the implementation of this Act,
including the amendments made by this Act. 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.
SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF INTELLIGENCE
COMMUNITY REFORM.
(a) Reports.--(1) Not later than two years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a comprehensive report on the implementation
of this Act and the amendments made by this Act.
(2) The Comptroller General may submit to Congress at any time
during the two-year period beginning on the date of the enactment of
this Act, such reports on the progress made in the implementation of
this Act and the amendments made by this Act as the Comptroller General
considers appropriate.
(b) Report Elements.--Each report under subsection (a) shall
include the following:
(1) The assessment of the Comptroller General of the
progress made in the implementation of this Act (and the
amendments made by this Act) as of the date of such report.
(2) A description of any delays or other shortfalls in the
implementation of this Act that have been identified by the
Comptroller General.
(3) Any recommendations for additional legislative or
administrative action that the Comptroller General considers
appropriate.
(c) Agency Cooperation.--Each department, agency, and element of
the United States Government shall cooperate with the Comptroller
General in the assessment of the implementation of this Act, and shall
provide the Comptroller General timely and complete access to relevant
documents in accordance with section 716 of title 31, United States
Code.
SEC. 336. NATIONAL INTELLIGENCE COUNCIL REPORT ON METHODOLOGIES
UTILIZED FOR NATIONAL INTELLIGENCE ESTIMATES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the National Intelligence Council shall submit
to Congress a report that includes the following:
(1) The methodologies utilized for the initiation,
drafting, publication, coordination, and dissemination of the
results of National Intelligence Estimates (NIEs).
(2) Such recommendations as the Council considers
appropriate regarding improvements of the methodologies
utilized for National Intelligence Estimates in order to ensure
the timeliness of such Estimates and ensure that such Estimates
address the national security and intelligence priorities and
objectives of the President and the National Intelligence
Director.
(b) Form.--The report under subsection (a) shall be submitted in an
unclassified form, but may include a classified annex.
SEC. 337. NATIONAL INTELLIGENCE DIRECTOR REPORT ON NATIONAL
COUNTERTERRORISM CENTER.
(a) Report.--Not later than one year after the date of the
establishment of the National Counterterrorism Center under section
143, the National Intelligence Director shall submit to Congress a
report evaluating the effectiveness of the Center in achieving its
primary missions under subsection (d) of that section.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the effectiveness of the National
Counterterrorism Center in achieving its primary missions.
(2) An assessment of the effectiveness of the authorities
of the Center in contributing to the achievement of its primary
missions, including authorities relating to personnel and
staffing, funding, information sharing, and technology.
(3) An assessment of the relationships between the Center
and the other elements and components of the intelligence
community.
(4) An assessment of the extent to which the Center
provides an appropriate model for the establishment of national
intelligence centers under section 144.
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified form, but may include a classified annex.
SEC. 338. COMPONENTS OF NATIONAL INTELLIGENCE PROGRAM.
(a) In General.--Notwithstanding any other provision of this Act,
the National Intelligence Program shall consist of all programs,
projects, and activities that are part of the National Foreign
Intelligence Program as of the effective date of this section.
(b) Joint Review of Certain Programs.--(1) The National
Intelligence Director and the Secretary of Defense shall jointly review
the programs, projects, and activities as follows:
(A) The programs, projects, and activities within the Joint
Military Intelligence Program as of the effective date of this
section.
(B) The programs, projects, and activities within the
Tactical Intelligence and Related Activities program as of the
effective date of this section.
(C) The programs, projects, and activities of the Defense
Intelligence Agency as of the effective date of this section
that support the intelligence staff of the Chairman of the
Joint Chiefs of Staff, the intelligence staffs of the unified
combatant commands, and the portions of the sensitive
compartmented communications systems that support components of
the Department of Defense.
(2) As part of the review under paragraph (1), the Director shall
consult with the head of each element of the intelligence community.
(3)(A) The review under paragraph (1) with respect to the programs,
projects, and activities referred to in paragraph (1)(C) shall be
completed not later than 60 days after the date on which the first
individual nominated as National Intelligence Director after the date
of the enactment of this Act is confirmed by the Senate.
(B) Upon completion of the review under paragraph (1) of the
programs, projects, and activities referred to in paragraph (1)(C), the
Director shall submit to the President recommendations regarding the
programs, projects, or activities, if any, referred to in paragraph
(1)(C) to be included in the National Intelligence Program, together
with any comments that the Secretary of Defense considers appropriate.
(C) During the period of the review under paragraph (1) of the
programs, projects, and activities referred to in paragraph (1)(C), no
action shall be taken that would have the effect of prejudicing the
outcome of such review.
(4)(A) The review under paragraph (1) with respect to the programs,
projects, and activities referred to in subparagraphs (A) and (B) of
paragraph (1) shall be completed not later than one year after the
effective date of this section.
(B) Upon completion of the review under paragraph (1) of the
programs, projects, and activities referred to in subparagraphs (A) and
(B) of paragraph (1), the Director shall submit to the President
recommendations regarding the programs, projects, or activities, if
any, referred to in such subparagraphs to be included in the National
Intelligence Program, together with any comments that the Secretary of
Defense considers appropriate.
SEC. 339. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of Intelligence
Community.--Any reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community in any law,
regulation, document, paper, or other record of the United States shall
be deemed to be a reference to the National Intelligence Director.
(b) Director of Central Intelligence as Head of CIA.--Any reference
to the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Director of the Central Intelligence Agency.
(c) Office of the Deputy Director of Central Intelligence for
Community Management.--Any reference to the Office of the Deputy
Director of Central Intelligence for Community Management in any law,
regulation, document, paper, or other record of the United States shall
be deemed to be a reference to the staff of such office within the
Office of the National Intelligence Director under section 121.
Subtitle D--Effective Date
SEC. 341. EFFECTIVE DATE.
(a) In General.--Except as provided in subsections (b), (c), and
(d), titles I through III of this Act, and the amendments made by such
titles, shall take effect 180 days after the date of the enactment of
this Act.
(b) Specified Effective Dates.--(1) The provisions of section 206
shall take effect as provided in such provisions.
(2) The provisions of sections 211 and 212 shall take effect 90
days after the date of the enactment of this Act.
(c) Earlier Effective Date.--In order to safeguard the national
security of the United States through rapid implementation of titles I
through III of this Act while also ensuring a smooth transition in the
implementation of such titles, the President may provide that titles I
through III of this Act (including the amendments made by such titles),
or one or more particular provisions of such titles (including the
amendments made by such provision or provisions), shall take effect on
such date that is earlier than the date otherwise provided under
subsection (a) as the President shall specify.
(d) Delayed Effective Date.--(1) Except with respect to a provision
specified in subsection (b), the President may extend the effective
date of a provision of titles I through III of this Act (including the
amendments made by such provision) for any period up to 180 days after
the effective date otherwise provided by this section for such
provision.
(2) The President may extend the effective date of a provision
under paragraph (1) only if the President determines that the extension
is necessary to safeguard the national security of the United States
and after balancing the need for a smooth transition in the
implementation of titles I through III of this Act against the need for
a rapid implementation of such titles.
(e) Notification of Effective Dates.--If the President exercises
the authority in subsection (c) or (d), the President shall--
(1) notify Congress of the exercise of such authority; and
(2) publish in the Federal Register notice of the earlier
or delayed effective date or dates involved, including each
provision (and amendment) covered by such earlier or delayed
effective date.
Subtitle E--Other Matters
SEC. 351. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance is held
invalid, the remainder of this Act, or the application of such
provision to persons or circumstances other than those to which such
provision is held invalid, shall not be affected thereby.
SEC. 352. AUTHORIZATION OF APPROPRIATIONS.
There are specifically authorized to be appropriated for fiscal
year 2005 such sums as may be necessary to carry out this Act and the
amendments made by this Act.
TITLE IV--TRANSPORTATION SECURITY
SEC. 401. WATCHLISTS FOR PASSENGERS ABOARD VESSELS.
(a) 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--
(1) 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;
(2) 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 vessels or to subject them to specific additional
security scrutiny, through the use of ``no transport'' and
``automatic selectee'' lists or other means; and
(3) if not practicable, enforcement of subsection (2) shall
be waived for cruise ships embarking at foreign ports.
(b) Cooperation from Operators of Passenger Vessels.--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) Maintaining the Accuracy and Integrity of the ``No Transport''
and ``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigations, shall design guidelines, policies,
and operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in the
watchlist database described in subsection (a)(1) that are
designed to ensure the accuracy and integrity of the databases.
(2) Accuracy of Entries.--In developing the ``no
transport'' and ``automatic selectee'' lists under subsection
(a)(1), the Secretary of Homeland Security shall establish a
simple and timely method for correcting erroneous entries, for
clarifying information known to cause false hits or
misidentification errors, and for updating relevant information
that is dispositive in the passenger 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 watchlist 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''
shall be as defined in 33 CFR 104.105(a)(5) and (6) on the date of
enactment of this Act.
TITLE V--AIR CARGO SAFETY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Air Cargo Security Improvement
Act''.
SEC. 502. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Section 44901(f) of title 49, United States Code, is amended to
read as follows:
``(f) Cargo.--
``(1) In general.--The Secretary of Homeland Security shall
establish systems to screen, inspect, or otherwise ensure the
security of all cargo that is to be transported in--
``(A) passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or
intrastate air transportation; or
``(B) all-cargo aircraft in air transportation and
intrastate air transportation.
``(2) Strategic plan.--The Secretary shall develop a
strategic plan to carry out paragraph (1) within 6 months after
the date of enactment of the Air Cargo Security Improvement
Act.
``(3) Pilot program.--The Secretary shall conduct a pilot
program of screening of cargo to assess the effectiveness of
different screening measures, including the use of random
screening. The Secretary shall attempt to achieve a
distribution of airport participation in terms of geographic
location and size.''.
SEC. 503. AIR CARGO SHIPPING.
(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. Regular inspections of air cargo shipping facilities
``The Secretary of Homeland Security shall establish a system for
the regular inspection of shipping facilities for shipments of cargo
transported in air transportation or intrastate air transportation to
ensure that appropriate security controls, systems, and protocols are
observed, and shall enter into arrangements with the civil aviation
authorities, or other appropriate officials, of foreign countries to
ensure that inspections are conducted on a regular basis at shipping
facilities for cargo transported in air transportation to the United
States.''.
(b) Additional Inspectors.--The Secretary may increase the number
of inspectors as necessary to implement the requirements of title 49,
United States Code, as amended by this subtitle.
(c) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, is amended by adding at the end the
following:
``44925. Regular inspections of air cargo shipping facilities''.
SEC. 504. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is further amended by adding at the end the following:
``Sec. 44926. Air cargo security
``(a) Database.--The Secretary of Homeland Security shall establish
an industry-wide pilot program database of known shippers of cargo that
is to be transported in passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation. The Secretary shall use the results of the pilot
program to improve the known shipper program.
``(b) Indirect air carriers.--
``(1) Random inspections.--The Secretary shall conduct
random audits, investigations, and inspections of indirect air
carrier facilities to determine if the indirect air carriers
are meeting the security requirements of this title.
``(2) Ensuring compliance.--The Secretary may take such
actions as may be appropriate to promote and ensure compliance
with the security standards established under this title.
``(3) Notice of failures.--The Secretary shall notify the
Secretary of Transportation of any indirect air carrier that
fails to meet security standards established under this title.
``(4) Withdrawal of security program approval.--The
Secretary may issue an order amending, modifying, suspending,
or revoking approval of a security program of an indirect air
carrier that fails to meet security requirements imposed by the
Secretary if such failure threatens the security of air
transportation or commerce. The affected indirect air carrier
shall be given notice and the opportunity to correct its
noncompliance unless the Secretary determines that an emergency
exists. Any indirect air carrier that has the approval of its
security program amended, modified, suspended, or revoked under
this section may appeal the action in accordance with
procedures established by the Secretary under this title.
``(5) Indirect air carrier.--In this subsection, the term
`indirect air carrier' has the meaning given that term in part
1548 of title 49, Code of Federal Regulations.
``(c) Consideration of Community Needs.--In implementing air cargo
security requirements under this title, the Secretary may take into
consideration the extraordinary air transportation needs of small or
isolated communities and unique operational characteristics of carriers
that serve those communities.''.
(b) Assessment of Indirect Air Carrier Program.--The Secretary of
Homeland Security shall assess the security aspects of the indirect air
carrier program under part 1548 of title 49, Code of Federal
Regulations, and report the result of the assessment, together with any
recommendations for necessary modifications of the program to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure
within 60 days after the date of enactment of this Act. The Secretary
may submit the report and recommendations in classified form.
(c) Report to Congress on Random Audits.--The Secretary of Homeland
Security shall report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be submitted
in classified form.
(d) Conforming Amendment.--The chapter analysis for chapter 449 of
title 49, United States Code, as amended by section 3, is amended by
adding at the end the following:
``44926. Air cargo security''.
SEC. 505. TRAINING PROGRAM FOR CARGO HANDLERS.
The Secretary of Homeland Security shall establish a training
program for any persons that handle air cargo to ensure that the cargo
is properly handled and safe-guarded from security breaches.
SEC. 506. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) In General.--The Secretary of Homeland Security shall establish
a program requiring that air carriers operating all-cargo aircraft have
an approved plan for the security of their air operations area, the
cargo placed aboard such aircraft, and persons having access to their
aircraft on the ground or in flight.
(b) Plan Requirements.--The plan shall include provisions for--
(1) security of each carrier's air operations areas and
cargo acceptance areas at the airports served;
(2) background security checks for all employees with
access to the air operations area;
(3) appropriate training for all employees and contractors
with security responsibilities;
(4) appropriate screening of all flight crews and persons
transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49,
United States Code; and
(6) additional measures deemed necessary and appropriate by
the Secretary.
(c) Confidential Industry Review and Comment.--
(1) Circulation of proposed program.--The Secretary shall--
(A) propose a program under subsection (a) within
90 days after the date of enactment of this Act; and
(B) distribute the proposed program, on a
confidential basis, to those air carriers and other
employers to which the program will apply.
(2) Comment period.--Any person to which the proposed
program is distributed under paragraph (1) may provide comments
on the proposed program to the Secretary not more than 60 days
after it was received.
(3) Final program.--The Secretary of Homeland Security
shall issue a final program under subsection (a) not later than
90 days after the last date on which comments may be provided
under paragraph (2). The final program shall contain time
frames for the plans to be implemented by each air carrier or
employer to which it applies.
(4) Suspension of procedural norms.--Neither chapter 5 of
title 5, United States Code, nor the Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the program required by this
section.
SEC. 507. PASSENGER IDENTIFICATION VERIFICATION.
(a) Program Required.--The Secretary of Homeland Security may
establish and carry out a program to require the installation and use
at airports in the United States of the identification verification
technologies the Secretary considers appropriate to assist in the
screening of passengers boarding aircraft at such airports.
(b) Technologies Employed.--The identification verification
technologies required as part of the program under subsection (a) may
include identification scanners, biometrics, retinal, iris, or facial
scanners, or any other technologies that the Secretary considers
appropriate for purposes of the program.
(c) Commencement.--If the Secretary determines that the
implementation of such a program is appropriate, the installation and
use of identification verification technologies under the program shall
commence as soon as practicable after the date of that determination.
TITLE VI--AVIATION SECURITY
SEC. 601. IMPROVED PILOT LICENSES.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Federal Aviation Administrator may develop a system for the
issuance of any pilot's license issued more than 180 days after the
date of enactment of this Act that--
(1) are resistant to tampering, alteration, and
counterfeiting;
(2) include a photograph of the individual to whom the
license is issued; and
(3) are capable of accommodating a digital photograph, a
biometric measure, or other unique identifier that provides a
means of--
(A) ensuring its validity; and
(B) revealing whether any component or security
feature of the license has been compromised.
(b) Use of Designees.--The Administrator of the Federal Aviation
Administration may use designees to carry out subsection (a) to the
extent feasible in order to minimize the burden of such requirements on
pilots.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for fiscal year 2005, $50,000,000 to
carry out subsection (a).
SEC. 602. AIRCRAFT CHARTER CUSTOMER PRESCREENING.
(a) In General.--Within 1 year after the date of enactment of this
Act, or as soon as practicable thereafter, the Secretary of Homeland
Security shall establish a process by which operators of charter
aircraft with a maximum takeoff weight of greater than 12,500 pounds
may--
(1) request the Transportation Security Administration to
compare information about any individual seeking to charter an
aircraft, and any passengers proposed to be transported aboard
the aircraft, with a comprehensive, consolidated database or
watchlist containing information about known or suspected
terrorists and their associates; and
(2) refuse to charter an aircraft to or transport aboard
such aircraft any persons identified on such database or
watchlist.
(b) Privacy Safeguards.--The Secretary shall take appropriate
measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
chartering aircraft other than whether an individual compared
against government watchlists constitutes a flight security or
terrorism risk; and
(2) an individual denied access to an aircraft is given an
opportunity to consult the Transportation Security
Administration for the purpose of correcting mis-identification
errors, resolve confusion resulting from names that are the
same as or similar to names on available government watchlists,
and address other information that is alleged to be erroneous,
that may have resulted in the denial.
(c) Transfer.--The Secretary shall assess procedures to transfer
responsibility for conducting reviews of any appropriate government
watchlists under this section from persons engaged in the business of
chartering air carriers to the public to the Secretary.
(d) Authority of the Secretary.--Nothing in this section precludes
the Secretary from requiring operators of charter aircraft to comply
with security procedures, including those established under subsection
(a), if the Secretary determines that such a requirement is necessary
based on threat conditions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the provisions of this section.
SEC. 603. AIRCRAFT RENTAL CUSTOMER PRESCREENING.
(a) In General.--Within 1 year after the date of enactment of this
Act, or as soon as practicable thereafter, the Secretary of Homeland
Security shall establish a process by which operators of rental
aircraft with a maximum takeoff weight of greater than 12,500 pounds
may--
(1) request the Transportation Security Administration to
compare information about any individual seeking to rent an
aircraft, and any passengers proposed to be transported aboard
the aircraft, with a comprehensive, consolidated database or
watchlist containing information about known or suspected
terrorists and their associates; and
(2) refuse to rent an aircraft to or transport aboard such
aircraft any persons identified on such database or watchlist.
(b) Privacy Safeguards.--The Secretary shall take appropriate
measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
renting aircraft other than whether an individual compared
against government watchlists constitutes a flight security or
terrorism risk; and
(2) an individual denied access to an aircraft is given an
opportunity to consult the Transportation Security
Administration for the purpose of correcting mis-identification
errors, resolve confusion resulting from names that are the
same as or similar to names on available government watchlists,
and address other information that is alleged to be erroneous,
that may have resulted in the denial.
(c) Transfer.--The Secretary shall assess procedures to transfer
responsibility for conducting reviews of any appropriate government
watchlists under this section from persons engaged in the business of
renting aircraft to the public to the Secretary.
(d) Authority of the Secretary.--Nothing in this section precludes
the Secretary from requiring operators of rental aircraft to comply
with security procedures, including those established under subsection
(a), if the Secretary determines that such a requirement is necessary
based on threat conditions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the provisions of this section.
SEC. 604. REPORT ON RENTAL AND CHARTER CUSTOMER PRESCREENING
PROCEDURES.
(a) In General.--Within 12 months after the date of enactment of
this Act, the Secretary of Homeland Security shall transmit a report to
Congress on the feasibility of extending the requirements of section --
02, section --03, or both sections to apply to aircraft with a maximum
certificated takeoff weight of 12,500 pounds or less.
(b) Issues Addressed.--The report shall--
(1) examine the technology and communications systems
needed to carry out such procedures;
(2) provide an analysis of the risks posed by such
aircraft; and
(3) examine the operational impact of proposed procedures
on the commercial viability of that segment of charter and
rental aviation operations.
SEC. 605. AVIATION SECURITY STAFFING.
(a) Staffing Level Standards.--
(1) Development of standards.--Within 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Transportation
and Federal Security Directors, shall develop standards for
determining the appropriate aviation security staffing
standards for all commercial airports in the United States
necessary--
(A) to provide necessary levels of aviation
security; and
(B) to ensure that the average aviation security-
related delay experienced by airline passengers is
minimized.
(2) GAO analysis.--The Comptroller General shall, as soon
as practicable after the date on which the Secretary of
Homeland Security has developed standards under paragraph (1),
conduct an expedited analysis of the standards for
effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(3) Report to congress.--Within 120 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Comptroller General shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the standards developed under paragraph (1),
together with recommendations for further improving the
efficiency and effectiveness of the screening process,
including the use of maximum time delay goals of no more than
10 minutes on the average.
(b) 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 aegis 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. 606. IMPROVED AIR CARGO AND AIRPORT SECURITY.
(a) In General.--There are 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.
(b) Next-Generation Cargo Security Grant Program.--
(1) In general.--The Secretary shall establish and carry
out a grant program to facilitate the development, testing,
purchase, and deployment of next-generation air cargo security
technology. 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 as rapidly as practicable.
(2) Research and development; deployment.--To carry out
paragraph (1), there are authorized to be appropriated to the
Secretary for research and development related to next-
generation air cargo security technology as well as for
deployment and installation of next-generation air cargo
security technology, such sums are to remain available until
expended--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $100,000,000 for fiscal year 2007.
(c) Authorization for Expiring and New LOIs.--
(1) In general.--There are authorized to be appropriated to
the Secretary $150,000,000 for each of fiscal years 2005
through 2007 to fund projects and activities for which letters
of intent are issued under section 44923 of title 49, United
States Code, after the date of enactment of this Act.
(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, or
section 367 of the Department of Transportation and Related
Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
(d) Reports.--The Secretary shall transmit an annual report for
fiscal year 2005, fiscal year 2006, and fiscal year 2007 to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on--
(1) the progress being made toward, and the status of,
deployment and installation of next-generation air cargo
security technology under subsection (b); and
(2) the amount and purpose of grants under subsection (b)
and the locations of projects funded by such grants.
SEC. 607. AIR CARGO SECURITY MEASURES.
(a) Enhancement of Air Cargo Security.--The Secretary of Homeland
Security, in consultation with the Secretary of Transportation, shall
develop and implement a plan to enhance air cargo security at airports
for commercial passenger and cargo aircraft that incorporates the
recommendations made by the Cargo Security Working Group of the
Aviation Security Advisory Committee.
(b) Supply Chain Security.--The Administrator of the Transportation
Security Administration shall--
(1) promulgate regulations requiring the evaluation of
indirect air carriers and ground handling agents, including
background checks and checks against all Administration watch
lists; and
(2) evaluate the potential efficacy of increased use of
canine detection teams to inspect air cargo on passenger and
all-cargo aircraft, including targeted inspections of high risk
items.
(c) Increased Cargo Inspections.--Within 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall require
that the percentage of cargo screened or inspected is at least two-fold
the percentage that is screened or inspected as of September 30, 2004.
(c) All-Cargo Aircraft Security.--Subchapter I of chapter 449,
United States Code, is amended by adding at the end the following:
``Sec. 44925. All-cargo aircraft security
``(a) Access to Flight Deck.--Within 180 days after the date of
enactment of this Act, the Administrator of the Transportation Security
Administration, in coordination with the Federal Aviation
Administrator, shall--
``(1) issue an order (without regard to the provisions of
chapter 5 of title 5)--
``(A) requiring, to the extent consistent with
engineering and safety standards, that all-cargo
aircraft operators engaged in air transportation or
intrastate air transportation maintain a barrier, which
may include the use of a hardened cockpit door, between
the aircraft flight deck and the aircraft cargo
compartment sufficient to prevent unauthorized access
to the flight deck from the cargo compartment, in
accordance with the terms of a plan presented to and
accepted by the Administrator of the Transportation
Security Administration in consultation with the
Federal Aviation Administrator; and
``(B) prohibiting the possession of a key to a
flight deck door by any member of the flight crew who
is not assigned to the flight deck; and
``(2) take such other action, including modification of
safety and security procedures and flight deck redesign, as may
be necessary to ensure the safety and security of the flight
deck.
``(b) Screening and Other Measures.--Within 1 year after the date
of enactment of this Act, the Administrator of the Transportation
Security Administration, in coordination with the Federal Aviation
Administrator, shall issue an order (without regard to the provisions
of chapter 5 of title 5) requiring--
``(1) all-cargo aircraft operators engaged in air
transportation or intrastate air transportation to physically
screen each person, and that person's baggage and personal
effects, to be transported on an all-cargo aircraft engaged in
air transportation or intrastate air transportation;
``(2) each such aircraft to be physically searched before
the first leg of the first flight of the aircraft each day, or,
for inbound international operations, at aircraft operator's
option prior to the departure of any such flight for a point in
the United States; and
``(3) each such aircraft that is unattended overnight to be
secured or sealed or to have access stairs, if any, removed
from the aircraft.
``(c) Alternative Measures.--The Administrator of the
Transportation Security Administration, in coordination with the
Federal Aviation Administrator, may authorize alternative means of
compliance with any requirement imposed under this section.''.
(d) Conforming Amendment.--The subchapter analysis for subchapter I
of chapter 449, United States Code, is amended by adding at the end the
following:
``44925. All-cargo aircraft security.''.
SEC. 608. EXPLOSIVE DETECTION SYSTEMS.
(a) In-Line Placement of Explosive-Detection Equipment.--Within 180
days after the date of enactment of this Act, the Secretary of Homeland
Security shall establish a schedule for replacing trace-detection
equipment used for in-line baggage screening purposes as soon as
practicable where appropriate with explosive detection system
equipment. The Secretary shall notify the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure of the schedule and provide an
estimate of the impact of replacing such equipment, facility
modification and baggage conveyor placement, on aviation security-
related staffing needs and levels.
(b) Next Generation EDS.--There are 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 next generation explosive detection systems for aviation
security under section 44913 of title 49, United States Code. The
Secretary shall develop a plan and guidelines for implementing improved
explosive detection system equipment.
(c) Portal Detection Systems.--There are 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 and development and
installation of portal detection systems or similar devices for the
detection of biological, radiological, and explosive materials. The
Secretary of Homeland Security shall establish a pilot program at not
more than 10 commercial service airports to evaluate the use of such
systems.
(d) Reports.--The Secretary shall transmit an annual report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on
research and development projects funded under subsection (b) or (c),
and the pilot program established under subsection (c), including cost
estimates for each phase of such projects and total project costs.
SEC. 609. AIR MARSHAL PROGRAM.
(a) Cross-Training.--The Secretary of Homeland Security shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on the potential for cross-
training of individuals who serve as air marshals and on the need for
providing contingency funding for air marshal operations.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland Security for
the use of Inspections 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 to remain available until expended.
SEC. 610. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the present system for
addressing lost, stolen, damaged, or pilfered baggage claims relating
to air transportation security screening procedures. The report shall
include--
(1) information concerning the time it takes to settle such
claims under the present system;
(2) a comparison and analysis of the number, frequency, and
nature of such claims before and after enactment of the
Aviation and Transportation Security Act using data provided by
the major United States airlines; and
(3) recommendations on how to improve the involvement and
participation of the airlines in the baggage screening and
handling processes and better coordinate the activities of
Federal baggage screeners with airline operations.
SEC. 611. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY INFORMATION
SHARING RECOMMENDATIONS.
Within 30 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the heads of
Federal departments and agencies concerned, shall transmit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
report on implementation of recommendations contained in the General
Accounting Office's report titled ``Homeland Security: Efforts To
Improve Information Sharing Need To Be Strengthened'' (GAO-03-760),
August, 2003.
SEC. 612. AVIATION SECURITY RESEARCH AND DEVELOPMENT.
(a) Biometrics.--There are 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 biometric
technology applications to aviation security.
(b) Biometrics Centers of Excellence.--There are authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $1,000,000, in addition to any
amounts otherwise authorized by law, for the establishment of
competitive centers of excellence at the national laboratories.
SEC. 613. PERIMETER ACCESS TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
Homeland Security $100,000,000 for airport perimeter security
technology, fencing, security contracts, vehicle tagging, and other
perimeter security related operations, facilities, and equipment, such
sums to remain available until expended.
SEC. 614. BEREAVEMENT FARES.
(a) In General.--Chapter 415 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41512. Bereavement fares.
``Air carriers shall offer, with appropriate documentation,
bereavement fares to the public for air transportation in connection
with the death of a relative or other relationship (as determined by
the air carrier) and shall make such fares available, to the greatest
extent practicable, at the lowest fare offered by the air carrier for
the flight for which the bereavement fare is requested.''.
(b) Conforming Amendment.--The chapter analysis for chapter 415 is
amended by inserting after the item relating to section 41511 the
following:
``41512. Bereavement fares''.
SEC. 615. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this Act, the
Transportation Security Administration shall complete a review of its
Prohibited Items List, set forth in 49 C.F.R. 1540, and release a
revised list that--
(1) prohibits passengers from carrying butane lighters
onboard passenger aircraft; and
(2) modifies the Prohibited Items List in such other ways
as the agency may deem appropriate.
SEC. 616. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE THREAT OF
MAN-PORTABLE AIR DEFENSE SYSTEMS.
(a) Requirement.--The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and Technology,
shall prepare a report on protecting commercial aircraft from the
threat of man-portable air defense systems (referred to in this section
as ``MANPADS'').
(b) Content.--The report required by subsection (a) shall include
the following:
(1) An estimate of the number of organizations, including
terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft
from the threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility of
the systems to protect commercial aircraft under consideration
by the Under Secretary for Science and Technology for use in
phase II of the counter-MANPADS development and demonstration
program.
(4) A justification for the schedule of the implementation
of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other technology
that could be employed on commercial aircraft to address the
threat posed by MANPADS, including such technology that is--
(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other countries.
(6) An assessment of alternate technological approaches to
address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of technology
or systems on commercial aircraft to address such threat.
(8) A description of the strategies that the Secretary may
employ to acquire any technology or systems selected for use on
commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program,
including--
(A) a schedule for purchasing and installing such
technology or systems on commercial aircraft; and
(B) a description of--
(i) the priority in which commercial
aircraft will be equipped with such technology
or systems;
(ii) any efforts to coordinate the
schedules for installing such technology or
system with private airlines;
(iii) any efforts to ensure that aircraft
manufacturers integrate such technology or
systems into new aircraft; and
(iv) the cost to operate and support such
technology or systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address the
threat posed by MANPADS if intelligence or events indicate that
the schedule for the use of such technology or systems,
including the schedule for carrying out development and
demonstration programs by the Secretary, should be expedited.
(10) A description of the efforts of the Secretary to
survey and identify the areas at domestic and foreign airports
where commercial aircraft are most vulnerable to attack by
MANPADS.
(11) A description of the cooperation between the Secretary
and the Administrator of the Federal Aviation Administration to
certify the airworthiness and safety of technology and systems
to protect commercial aircraft from the risk posed by MANPADS
in an expeditious manner.
(c) Transmission to Congress.--The report required by subsection
(a) shall be transmitted to Congress along with the budget for fiscal
year 2006 submitted by the President pursuant to section 1105(a) of
title 31, United States Code.
SEC. 617. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC EXPLOSIVES.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall provide to the Senate Committee on
Commerce, Science, and Transportation a report on the current status of
efforts, and the additional needs, regarding passenger and carry-on
baggage screening equipment at United States airports to detect
explosives, including in chemical and plastic forms. The report shall
include the cost of and timetable for installing such equipment and any
recommended legislative actions.
SEC. 618. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.
Not later than 90 days after the date of enactment of this Act, and
every 90 days thereafter, the Secretary of Homeland Security shall
provide to the Senate Committee on Commerce, Science, and
Transportation a classified report on the number of individuals serving
only as sworn Federal air marshals. Such report shall include the
number of Federal air marshals who are women, minorities, or employees
of departments or agencies of the United States Government other than
the Department of Homeland Security, the percentage of domestic and
international flights that have a Federal air marshal aboard, and the
rate at which individuals are leaving service as Federal air marshals.
SEC. 619. SECURITY OF AIR MARSHAL IDENTITY.
(a) In General.--The Secretary of the Department of Homeland
Security shall designate individuals and parties to whom Federal air
marshals shall be required to identify themselves.
(b) Prohibition.--Notwithstanding any other provision of law, no
procedure, guideline, rule, regulation, or other policy shall expose
the identity of an air marshal to anyone other than those designated by
the Secretary under subsection (a).
SEC. 620. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE HANDLING
AREAS.
(a) In General.--The Under Secretary of Homeland Security for
Border Transportation and Security shall provide assistance, subject to
the availability of funds, to public airports that have baggage
handling 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 are 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 to
remain available until expended.
SEC. 621. EFFECTIVE DATE.
Notwithstanding any other provision of this act, this title takes
effect on the date of enactment of this Act.
TITLE VII--OTHER MATTERS
SEC. 701. 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.--Subsection (b) of section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202) 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.--Subsection (d) of such section is
amended by adding at the end the following: ``All nonimmigrant
visa applications shall be reviewed and adjudicated by a
consular officer.''.
(c) Training for Consular Officers in Detection of Fraudulent
Documents.--Section 305(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the
end the following: ``As part of the consular training provided to such
officers by the Secretary of State, such officers shall also receive
training in detecting fraudulent documents and general document
forensics and shall be required as part of such training to work with
immigration officers conducting inspections of applicants for admission
into the United States at ports of entry.''.
(d) Assignment of Anti-Fraud Specialists.--
(1) Survey regarding document fraud.--The Secretary of
State, in coordination with the Secretary of Homeland Security,
shall conduct a survey of each diplomatic and consular post at
which visas are issued to assess the extent to which fraudulent
documents are presented by visa applicants to consular officers
at such posts.
(2) Requirement for specialist.--
(A) In general.--Not later than July 31, 2005, the
Secretary of State shall, in coordination with the
Secretary of Homeland Security, 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 one full-time anti-fraud specialist employed by
the Department of State to assist the consular officers
at each such post in the detection of such fraud.
(B) Exceptions.--The Secretary of State is not
required to assign or designate a specialist as
described in subparagraph (A) at a diplomatic and
consular post if an employee of the Department of
Homeland Security is assigned on a full-time basis to
such post under the authority in section 428 of the
Homeland Security Act of 2002 (6 U.S.C. 236).
SEC. 702. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
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 1,000 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 made available during the preceding fiscal year. Of
the additional border patrol agents, in each fiscal year not less than
20 percent of such agents shall be assigned to duty stations along the
northern border of the United States.
SEC. 703. 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.
TITLE VIII--VISA REQUIREMENTS
SEC. 801. 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 12 years of age and not more than 65
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
within that class of nonimmigrants enumerated in
section 101(a)(15)(A) or 101(a)(15)(G) or is granted a
diplomatic visa on a diplomatic 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 the alien's prior visa expired;
``(ii) for the classification under section
101(a)(15) for which such prior visa was
issued;
``(iii) from the consular post located in
the country in which the alien is a national;
and
``(iv) the consular officer has no
indication that the 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
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 of the country in which the
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) may not obtain a visa until a security
advisory opinion or other Department of State clearance
is issued unless such alien is--
``(i) within that class of nonimmigrants
enumerated in section 101(a)(15)(A) or
101(a)(15)(G); and
``(ii) not a national of a country that is
officially designated by the Secretary of State
as a state sponsor of terrorism; or
``(E) 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. 802. 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. 803. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this Act,
this title shall take effect 90 days after date of the enactment of
this Act.
TITLE IX--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM
SEC. 901. 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. 902. PROGRAM REQUIREMENTS.
(a) Required Features.--The Secretary of Homeland Security shall
design the pilot program under this title 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 title--
(1) is coordinated among United States, State and local,
and Canadian law enforcement and border security agencies; and
(2) includes ongoing communication among such agencies.
SEC. 903. 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 title.
(b) Program Partnerships.--In carrying out the pilot program, 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 402(b), institutions of higher education, and private
sector entities.
SEC. 904. REPORT.
(a) Requirement for Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Homeland Security shall
submit to Congress a report on the pilot program under this title.
(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. 905. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the pilot program under this title.
TITLE X--911 COMMISSION IMPLEMENTATION ACT OF 2004
Subtitle A--The Role of Diplomacy, Foreign Aid, and the Military in the
War on Terrorism
SEC. 1001. 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. 1002. 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 focusing on
remote regions and failing states as locations to seek
sanctuary.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as
terrorist sanctuaries;
(2) the United States Government should have a realistic
strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a
sanctuary;
(3) the United States Government should reach out, listen
to, and work with countries in bilateral and multilateral fora
to prevent locations from becoming sanctuaries and to prevent
terrorists from using locations as sanctuaries; and
(4) regions of specific concern where United States foreign
assistance should be targeted to assist governments in efforts
to prevent the use of such regions as terrorist sanctuaries are
South Asia, Southeast Asia, West Africa, the Horn of Africa,
North and North Central Africa, the Arabian peninsula, Central
and Eastern Europe, and South America;
SEC. 1003. ROLE OF PAKISTAN IN COUNTERING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the Muslim
world, is critical to stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as allies
of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
fostering a stable and secure future in Pakistan, as long as
its leaders remain committed to combating extremists and
extremism, ending the proliferation of weapons of mass
destruction, securing its borders, and gaining internal control
of all its territory while pursuing policies that strengthen
civil society, promote moderation and advance socio-economic
progress;
(2) Pakistan should make sincere efforts to transition to
democracy, enhanced rule of law, and robust civil institutions,
and United States policy toward Pakistan should promote such a
transition;
(3) the United States assistance to Pakistan should be
maintained at the overall levels requested by the President for
fiscal year 2005;
(4) the United States should support the Government of
Pakistan with a comprehensive effort that extends from military
aid to support for better education;
(5) the United States Government should devote particular
attention and resources to assisting in the improvement of the
quality of education in Pakistan; and
(6) the Government of Pakistan should devote additional
resources of such Government to expanding and improving modern
public education in Pakistan.
SEC. 1004. AID TO AFGHANISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy, and
such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of
narcotics.
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning narcotics
trade, endemic poverty, and other serious problems in
Afghanistan in order to prevent that country from relapsing
into a sanctuary for international terrorism.
(b) Sense of Congress.--
(1) Actions for afghanistan.--It is the sense of Congress
that the Government of the United States should take, with
respect to Afghanistan, the following actions:
(A) Working with other nations to obtain long-term
security, political, and financial commitments and
fulfillment of pledges to the Government of Afghanistan
to accomplish the objectives of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7501 et seq.),
especially to ensure a secure, democratic, and
prosperous Afghanistan that respects the rights of its
citizens and is free of international terrorist
organizations.
(B) Using the voice and vote of the United States
in relevant international organizations, including the
North Atlantic Treaty Organization and the United
Nations Security Council, to strengthen international
commitments to assist the Government of Afghanistan in
enhancing security, building national police and
military forces, increasing counter-narcotics efforts,
and expanding infrastructure and public services
throughout the country.
(C) Taking appropriate steps to increase the
assistance provided under programs of the Department of
State and the United States Agency for International
Development throughout Afghanistan and to increase the
number of personnel of those agencies in Afghanistan as
necessary to support the increased assistance.
(2) Revision of afghanistan freedom support act of 2002.--
It is the sense of Congress that Congress should, in
consultation with the President, update and revise, as
appropriate, the Afghanistan Freedom Support Act of 2002.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President for each of the fiscal years 2005 through 2009
such sums as may be necessary to provide assistance for
Afghanistan, unless otherwise authorized by Congress, for the
following purposes:
(A) For development assistance under sections 103,
105, and 106 of the Foreign Assistance Act of 1961 (22
U.S.C. 2151a, 2151c, and 2151d).
(B) For children's health programs under the Child
Survival and Health Program Fund under section 104 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151b).
(C) For economic assistance under the Economic
Support Fund under chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.).
(D) For international narcotics and law enforcement
under section 481 of the Foreign Assistance Act of 1961
(22 U.S.C. 2291).
(E) For nonproliferation, anti-terrorism, demining,
and related programs.
(F) For international military education and
training under section 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347).
(G) For Foreign Military Financing Program grants
under section 23 of the Arms Export Control Act (22
U.S.C. 2763).
(H) For peacekeeping operations under section 551
of the Foreign Assistance Act of 1961 (22 U.S.C. 2348).
(2) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan
Freedom Support Act of 2002; and
(B) shall be provided with reference to the
``Securing Afghanistan's Future'' document published by
the Government of Afghanistan.
SEC. 1005. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamist extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) 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, especially cooperation to combat terror groups
operating inside Saudi Arabia.
(4) The Government of Saudi Arabia is now pursuing al Qaeda
within Saudi Arabia and has begun to take some modest steps
toward internal reform.
(5) Nonetheless, the Government of Saudi Arabia has been at
times unresponsive to United States requests for assistance in
the global war on Islamist terrorism.
(6) The Government of Saudi Arabia has not done all it can
to prevent nationals of Saudi Arabia from funding and
supporting extremist organizations in Saudi Arabia and other
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia;
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East; and
(5) the Government of Saudi Arabia must do all it can to
prevent nationals of Saudi Arabia from funding and supporting
extremist organizations in Saudi Arabia and other countries.
SEC. 1006. 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 Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous to the people and governments of other
countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.
SEC. 1007. 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 value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing differences
among people, and tolerance for opposing points of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education and
economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for opposing
points of view.
SEC. 1008. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented and understood in
the Islamic world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in the
Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part of
this engagement.
(c) Authorizations of Appropriations.--There are authorized to be
appropriated to the President for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out United States
Government broadcasting activities under the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the
United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et
seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6501 et seq.), and to carry out other activities under this
section consistent with the purposes of such Acts, unless otherwise
authorized by Congress.
SEC. 1009. 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) Sense of Congress.--It is the sense of Congress that the United
States should expand its exchange, scholarship, and library programs,
especially those that benefit people in the Arab and Muslim worlds.
(c) 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 Arab and Muslim worlds.
(d) Availability of Funds.--Of the amounts authorized to be
appropriated for educational and cultural exchange programs in each of
the fiscal years 2005 through 2009, there is authorized to be made
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. 1010. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a key
element in any global strategy to eliminate Islamist terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, 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 President shall establish an
International Youth Opportunity Fund to provide financial
assistance for the improvement of public education in the
Middle East.
(2) International participation.--The President shall seek
the cooperation of the international community in establishing
and generously supporting the Fund.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the President for the establishment of the
International Youth Opportunity Fund, in addition to any amounts
otherwise available for such purpose, such sums as may be necessary for
each of the fiscal years 2005 through 2009, unless otherwise authorized
by Congress.
SEC. 1011. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policies
and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist between
the United States and Israel and the United States and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers lowering
its barriers to trade with the poorest Arab countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have
a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries into
the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its assistance
to countries in the Middle East to the promotion of the rule of
law.
SEC. 1012. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for each of the fiscal years 2005 through 2009 such sums
as may be necessary for the Middle East Partnership Initiative, unless
otherwise authorized by Congress.
(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. 1013. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the
governments of other countries in a process of
advancing beyond separate and uncoordinated national
counterterrorism strategies to develop with those other
governments a comprehensive coalition strategy to fight
Islamist terrorism; and
(B) to that end, should seek to establish an
international counterterrorism policy contact group
with the leaders of governments providing leadership in
global counterterrorism efforts and governments of
countries with sizable Muslim populations, to be used
as a ready and flexible international means for
discussing and coordinating the development of
important counterterrorism policies by the
participating governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the
various components of international prosecution of the
war on terrorism, including policies and a strategy
that address military issues, law enforcement, the
collection, analysis, and dissemination of
intelligence, issues relating to interdiction of travel
by terrorists, counterterrorism-related customs issues,
financial issues, and issues relating to terrorist
sanctuaries.
(B) To address, to the extent (if any) that the
President and leaders of other participating
governments determine appropriate, such long-term
issues as economic and political reforms that can
contribute to strengthening stability and security in
the Middle East.
SEC. 1014. TREATMENT OF FOREIGN PRISONERS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that are adhered
to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(b) Policy.--The policy of the United States is as follows:
(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned or otherwise held
in the custody of the United States (hereinafter ``prisoners'')
humanely and in accordance with standards that the United
States would consider legal if perpetrated by the enemy against
an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and in
peacetime by the legal prohibition against torture, cruel,
inhuman or degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva Conventions,
such prisoners shall enjoy the protections of the Geneva
Conventions until such time as their status can be determined
pursuant to the procedures authorized by Army Regulation 190-8,
Section 1-6.
(4) It is the policy of the United States to expeditiously
prosecute cases of terrorism or other criminal acts alleged to
have been committed by prisoners in the custody of the United
States Armed Forces at Guantanamo Bay, Cuba, in order to avoid
the indefinite detention of prisoners, which is contrary to the
legal principles and security interests of the United States.
(c) Reporting.--The Department of Defense shall submit to the
appropriate congressional committees:
(1) A quarterly report providing the number of prisoners
who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such
prisoner.
(2) A report setting forth--
(A) the proposed schedule for military commissions
to be held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at
Guantanamo Bay, Cuba, the number of such individuals
who are unlikely to face a military commission in the
next six months, and each reason for not bringing such
individuals before a military commission.
(3) All International Committee of the Red Cross reports,
completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo
Bay, Cuba, Iraq, and Afghanistan. Such ICRC reports should be
provided, in classified form, not later than 15 days after
enactment of this Act.
(4) A report setting forth all prisoner interrogation
techniques approved by officials of the United States.
(d) Annual Training Requirement.--The Department of Defense shall
certify that all Federal employees and civilian contractors engaged in
the handling or interrogating of prisoners have fulfilled an annual
training requirement on the laws of war, the Geneva Conventions and the
obligations of the United States under international humanitarian law.
(e) Prohibition on Torture or Cruel, Inhumane, or Degrading
Treatment or Punishment.--
(1) In general.--No prisoner shall be subject to torture or
cruel, inhumane, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the United
States.
(2) Relationship to geneva conventions.--Nothing in this
section shall affect the status of any person under the Geneva
Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(f) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Director shall
prescribe the rules, regulations, or guidelines necessary to
ensure compliance with the prohibition in subsection (e)(1) by
all personnel of the United States Government and by any person
providing services to the United States Government on a
contract basis.
(2) Report to congress.--The Secretary and the Director
shall submit to Congress the rules, regulations, or guidelines
prescribed under paragraph (1), and any modifications to such
rules, regulations, or guidelines--
(A) not later than 30 days after the effective date
of such rules, regulations, guidelines, or
modifications; and
(B) in a manner and form that will protect the
national security interests of the United States.
(g) Reports on Possible Violations.--
(1) Requirement.--The Secretary and the Director shall each
submit, on a timely basis and not less than twice each year, a
report to Congress on the circumstances surrounding any
investigation of a possible violation of the prohibition in
subsection (e)(1) by United States Government personnel or by a
person providing services to the United States Government on a
contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of
the United States; and
(B) will not prejudice any prosecution of an
individual involved in, or responsible for, a violation
of the prohibition in subsection (e)(1).
(h) Report on a Coalition Approach Toward the Detention and Humane
Treatment of Captured Terrorists.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit to
Congress a report describing the efforts of the United States
Government to develop an approach toward the detention and humane
treatment of captured international terrorists that will be adhered to
by all countries that are members of the coalition against terrorism.
(i) Definitions.--In this section:
(1) Cruel, inhumane, or degrading treatment or
punishment.--The term ``cruel, inhumane, or degrading treatment
or punishment'' means the cruel, unusual, and inhumane
treatment or punishment prohibited by the fifth amendment,
eighth amendment, or fourteenth amendment to the Constitution.
(2) Director.--The term ``Director'' means the National
Intelligence Director.
(3) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.
SEC. 1015. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Al Qaeda and other terror groups have tried to acquire
or make weapons of mass destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for
use of any such weapon by al Qaeda.
(3) Although the United States Government has supported the
Cooperative Threat Reduction, Global Threat Reduction
Initiative, and other nonproliferation assistance programs,
nonproliferation experts continue to express deep concern about
the adequacy of such efforts to secure weapons of mass
destruction and related materials that still exist in Russia
other countries of the former Soviet Union, and around the
world.
(4) The cost of increased investment in the prevention of
proliferation of weapons of mass destruction and related
materials is greatly outweighed by the potentially catastrophic
cost to the United States of the use of such weapons by
terrorists.
(5) The Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs are the United States primary method of preventing the
proliferation of weapons of mass destruction and related
materials from Russia and the states of the former Soviet
Union, but require further expansion, improvement, and
resources.
(6) Better coordination is needed within the executive
branch of government for the budget development, oversight, and
implementation of the Cooperative Threat Reduction, Global
Threat Reduction Initiative, and other nonproliferation
assistance programs, and critical elements of such programs are
operated by the Departments of Defense, Energy, and State.
(7) The effective implementation of the Cooperative Threat
Reduction, Global Threat Reduction Initiative, and other
nonproliferation assistance programs in the countries of the
former Soviet Union is hampered by Russian behavior and
conditions on the provision of assistance under such programs
that are unrelated to bilateral cooperation on weapons
dismantlement.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of weapons
of mass destruction and related materials, wherever such
proliferation may occur, is warranted;
(2) the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance
programs should be expanded, improved, accelerated, and better
funded to address the global dimensions of the proliferation
threat; and
(3) the Proliferation Security Initiative is an important
counterproliferation program that should be expanded to include
additional partners.
(c) Cooperative Threat Reduction, Global Threat Reduction
Initiative, and other nonproliferation assistance programs.--In this
section, the term ``Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance programs''
includes--
(1) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 50 U.S.C. 2362 note);
(2) the activities for which appropriations are authorized
by section 3101(a)(2) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1742);
(3) the Department of State program of assistance to
science centers;
(4) the Global Threat Reduction Initiative of the
Department of Energy; and
(5) a program of any agency of the Federal Government
having the purpose of assisting any foreign government in
preventing nuclear weapons, plutonium, highly enriched uranium,
or other materials capable of sustaining an explosive nuclear
chain reaction, or nuclear weapons technology from becoming
available to terrorist organizations.
(d) Strategy and Plan.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress--
(A) a comprehensive strategy for expanding and
strengthening the Cooperative Threat Reduction, Global
Threat Reduction Initiative, and other nonproliferation
assistance programs; and
(B) an estimate of the funding necessary to execute
such strategy.
(2) Plan.--The strategy required by paragraph (1) shall
include a plan for securing the nuclear weapons and related
materials that are the most likely to be acquired or sought by,
and susceptible to becoming available to, terrorist
organizations, including--
(A) a prioritized list of the most dangerous and
vulnerable sites;
(B) measurable milestones for improving United
States nonproliferation assistance programs;
(C) a schedule for achieving such milestones; and
(D) initial estimates of the resources necessary to
achieve such milestones under such schedule.
SEC. 1016. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful, efforts
to target the relatively small number of al Qaeda financial
facilitators have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to al
Qaeda, and has made it more difficult for al Qaeda to raise and
move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to
continue the cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their
operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) 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 counter-terrorism efforts.
(c) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report evaluating the effectiveness of United States
efforts to curtail the international financing of terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to the
identification and tracking of terrorist financing;
(B) ways to improve multinational and international
governmental cooperation in this effort;
(C) ways to improve the effectiveness of financial
institutions in this effort;
(D) the adequacy of agency coordination, nationally
and internationally, including international treaties
and compacts, in this effort and ways to improve that
coordination; and
(E) recommendations for changes in law and
additional resources required to improve this effort.
SEC. 1017. REPORT TO CONGRESS.
(a) Requirement for Report.--Not later than 180 days after the date
of the 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 title.
(b) Content.--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 actual and potential terrorist
sanctuaries, together with an assessment of the
priorities of addressing and eliminating such
sanctuaries;
(B) an outline of strategies for disrupting or
eliminating the security provided to terrorists by such
sanctuaries;
(C) a description of efforts by the United States
Government to work with other countries in bilateral
and multilateral fora to address or eliminate actual or
potential terrorist sanctuaries and disrupt or
eliminate the security provided to terrorists by such
sanctuaries; 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 the efforts of
the United States Government to support Pakistan and encourage
moderation in that country, including--
(A) an examination of the desirability of
establishing a Pakistan Education Fund to direct
resources toward improving the quality of secondary
schools in Pakistan, and an examination of the efforts
of the Government of Pakistan to fund modern public
education;
(B) recommendations on the funding necessary to
provide various levels of educational support;
(C) an examination of the current composition and
levels of United States military aid to Pakistan,
together with any recommendations for changes in such
levels and composition that the President considers
appropriate; and
(D) an examination of other major types of United
States financial support to Pakistan, together with any
recommendations for changes in the levels and
composition of such support that the President
considers appropriate.
(3) Support for afghanistan.--
(A) Specific objectives.--A description of the
strategy of the United States to provide aid to
Afghanistan during the 5-year period beginning on the
date of enactment of this Act, including a description
of the resources necessary during the next 5 years to
achieve specific objectives in Afghanistan in the
following areas:
(i) Fostering economic development.
(ii) Curtailing the cultivation of opium.
(iii) Achieving internal security and
stability.
(iv) Eliminating terrorist sanctuaries.
(v) Increasing governmental capabilities.
(vi) Improving essential infrastructure and
public services.
(vii) Improving public health services.
(viii) Establishing a broad-based
educational system.
(ix) Promoting democracy and the rule of
law.
(x) Building national police and military
forces.
(B) Progress.--A description of--
(i) the progress made toward achieving the
objectives described in clauses (i) through (x)
of subparagraph (A); and
(ii) any shortfalls in meeting such
objectives and the resources needed to fully
achieve such objectives.
(4) 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 to the United States, including a description
of--
(A) the utility of the President undertaking a
periodic, formal, and visible high-level dialogue
between senior United States Government officials of
cabinet level or higher rank and their counterparts in
the Government of Saudi Arabia to address challenges in
the relationship between the two 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 advance Saudi Arabia's contribution to
the Middle East peace process;
(D) political and economic reform in Saudi Arabia
and throughout the Middle East;
(E) ways to promote greater tolerance and respect
for cultural and religious diversity in Saudi Arabia
and throughout the Middle East; and
(F) ways to assist the Government of Saudi Arabia
in preventing nationals of Saudi Arabia from funding
and supporting extremist groups in Saudi Arabia and
other countries.
(5) 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.
(6) 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 sizable Muslim populations, including increasing
appearances by United States Government officials,
experts, and citizens.
(C) An assessment of potential incentives for, and
costs associated with, encouraging United States
broadcasters to dub or subtitle into Arabic and other
relevant languages their news and public affairs
programs broadcast in the Muslim world in order to
present those programs to a much broader Muslim
audience than is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve
the objectives of the strategy.
(7) 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
subsection (c) of section __09 without compromising the
security of the United States; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(8) 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 significant 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 are eligible for assistance under the
International Youth Opportunity Fund described in
section __10 and related programs.
(E) A description of the efforts of the United
States to encourage countries in the Middle East and
other countries with significant Muslim populations
designated by the President to develop and implement a
national education plan.
(F) A description of activities 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
significant Muslim populations designated by the
President, international organizations, and other
countries that share the objectives of the
International Youth and Opportunity Fund.
(9) Economic reform.--A description of the efforts of the
United States Government to encourage development and promote
economic reform in countries that have a significant population
of Arab or Muslim individuals, including a description of--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the
global trading system; and
(B) actions that the United States Government,
acting alone and in partnership with governments in the
Middle East, can take to promote intraregional trade
and the rule of law in the region.
SEC. 1018. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this Act,
this title shall take effect on the date of the enactment of this Act.
Subtitle B--Terrorist Travel and Effective Screening
SEC. 1021. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated channels,
present themselves to border security officials, or attempt to
circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas,
specific travel methods and routes, liaisons with corrupt
government officials, human smuggling networks, supportive
travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an
agency had done so, the agency could have discovered the ways
in which the terrorist predecessors to al Qaeda had been
systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their
characteristic travel documents and travel patterns could have
allowed authorities to intercept some of the hijackers and a
more effective use of information available in Government
databases could have identified some of the hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda's planning and
opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into
the front lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has produced
useful results and should be expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to Congress unclassified and classified versions of a
strategy for combining terrorist travel intelligence,
operations, and law enforcement into a cohesive effort to
intercept terrorists, find terrorist travel facilitators, and
constrain terrorist mobility domestically and internationally.
The report to Congress should include a description of the
actions taken to implement the strategy.
(2) Accountability.--The strategy submitted under paragraph
(1) shall--
(A) describe a program for collecting, analyzing,
disseminating, and utilizing information and
intelligence regarding terrorist travel tactics and
methods; and
(B) outline which Federal intelligence, diplomatic,
and law enforcement agencies will be held accountable
for implementing each element of the strategy.
(3) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies, including--
(A) the National Counterterrorism Center;
(B) the Department of Transportation;
(C) the Department of State;
(D) the Department of the Treasury;
(E) the Department of Justice;
(F) the Department of Defense;
(G) the Federal Bureau of Investigation;
(H) the Drug Enforcement Agency; and
(I) the agencies that comprise the intelligence
community.
(4) Contents.--The strategy shall address--
(A) the intelligence and law enforcement
collection, analysis, operations, and reporting
required to identify and disrupt terrorist travel
practices and trends, and the terrorist travel
facilitators, document forgers, human smugglers, travel
agencies, and corrupt border and transportation
officials who assist terrorists;
(B) the initial and ongoing training and training
materials required by consular, border, and immigration
officials to effectively detect and disrupt terrorist
travel described under subsection (c)(3);
(C) the new procedures required and actions to be
taken to integrate existing counterterrorist travel and
mobility intelligence into border security processes,
including consular, port of entry, border patrol,
maritime, immigration benefits, and related law
enforcement activities;
(D) the actions required to integrate current
terrorist mobility intelligence into military force
protection measures;
(E) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for
purposes of combatting terrorist travel, including
further developing and expanding enforcement and
operational capabilities that address terrorist travel;
(F) the additional resources to be given to the
Department of Homeland Security 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;
(G) the development and implementation of
procedures to enable the Human Smuggling and
Trafficking Center to timely receive terrorist travel
intelligence and documentation obtained at consulates
and ports of entry, and by law enforcement officers and
military personnel;
(H) the use of foreign and technical assistance to
advance border security measures and law enforcement
operations against terrorist travel facilitators;
(I) the development of a program to provide each
consular, port of entry, and immigration benefits
office with a counterterrorist travel expert trained
and authorized to use the relevant authentication
technologies and cleared to access all appropriate
immigration, law enforcement, and intelligence
databases;
(J) the feasibility of digitally transmitting
passport information to a central cadre of specialists
until such time as experts described under subparagraph
(I) are available at consular, port of entry, and
immigration benefits offices; and
(K) granting consular officers and immigration
adjudicators, as appropriate, the security clearances
necessary to access law enforcement sensitive and
intelligence databases.
(c) Frontline Counterterrorist Travel Technology and Training.--
(1) Technology acquisition and dissemination plan.--Not
later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, shall submit to Congress a plan describing
how the Department of Homeland Security and the Department of
State can acquire and deploy, to all consulates, ports of
entry, and immigration benefits offices, technologies that
facilitate document authentication and the detection of
potential terrorist indicators on travel documents.
(2) Contents of plan.--The plan submitted under paragraph
(1) shall--
(A) outline the timetable needed to acquire and
deploy the authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies;
and
(ii) train personnel on use of these
technologies; and
(C) address the feasibility of using these
technologies to screen every passport or other
documentation described in section __04(b) submitted
for identification purposes to a United States
consular, border, or immigration official.
(3) Training program.--
(A) In general.--The Secretary of Homeland Security
and the Secretary of State shall develop and implement
initial and ongoing annual training programs for
consular, border, and immigration officials who
encounter or work with travel or immigration documents
as part of their duties to teach such officials how to
effectively detect and disrupt terrorist travel.
(B) Terrorist travel intelligence.--The Secretary
may assist State, local, and tribal governments, and
private industry, in establishing training programs
related to terrorist travel intelligence.
(C) Training topics.--The training developed under
this paragraph shall include training in--
(i) methods for identifying fraudulent
documents;
(ii) detecting terrorist indicators on
travel documents;
(iii) recognizing travel patterns, tactics,
and behaviors exhibited by terrorists;
(iv) the use of information contained in
available databases and data systems and
procedures to maintain the accuracy and
integrity of such systems; and
(v) other topics determined necessary by
the Secretary of Homeland Security and the
Secretary of State.
(D) Certification.--Not later than 1 year after the
date of enactment of this Act--
(i) the Secretary of Homeland Security
shall certify to Congress that all border and
immigration officials who encounter or work
with travel or immigration documents as part of
their duties have received training under this
paragraph; and
(ii) the Secretary of State shall certify
to Congress that all consular officers who
encounter or work with travel or immigration
documents as part of their duties have received
training under this paragraph.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to carry
out the provisions of this subsection.
(d) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The National Intelligence Director shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this
subsection.
SEC. 1022. INTEGRATED SCREENING SYSTEM.
(a) In General.--The Secretary of Homeland Security shall develop a
plan for a comprehensive integrated screening system.
(b) Design.--The system planned under subsection (a) shall be
designed to--
(1) encompass an integrated network of screening points
that includes the Nation's border security system,
transportation system, and critical infrastructure or
facilities that the Secretary determines need to be protected
against terrorist attack;
(2) build upon existing border enforcement and security
activities, and to the extent practicable, private sector
security initiatives, in a manner that will enable the
utilization of a range of security check points in a continuous
and consistent manner throughout the Nation's screening system;
(3) allow access to government databases to detect
terrorists; and
(4) utilize biometric identifiers that the Secretary
determines to be appropriate, feasible, and if practicable,
compatible with the biometric entry and exit data system
described in section __03.
(c) Standards for Screening Procedures.--
(1) Authorization.--The Secretary may promulgate standards
for screening procedures for--
(A) entering and leaving the United States;
(B) accessing Federal facilities that the Secretary
determines need to be protected against terrorist
attack;
(C) accessing critical infrastructure that the
Secretary determines need to be protected against
terrorist attack; and
(D) accessing modes of transportation that the
Secretary determines need to be protected against
terrorist attack.
(2) Scope.--Standards prescribed under this subsection may
address a range of factors, including technologies required to
be used in screening and requirements for secure
identification.
(3) Requirements.--In promulgating standards for screening
procedures, the Secretary shall--
(A) consider and incorporate appropriate civil
liberties and privacy protections;
(B) comply with the Administrative Procedure Act;
and
(C) consult with other Federal, State, local, and
tribal governments, private parties, and other
interested parties, as appropriate.
(4) Limitation.--This section does not confer to the
Secretary new statutory authority, or alter existing
authorities, over systems, critical infrastructure, and
facilities.
(5) Notification.--If the Secretary determines that
additional regulatory authority is needed to fully implement
the plan for an integrated screening system, the Secretary
shall immediately notify Congress.
(d) Compliance.--The Secretary may issue regulations to ensure
compliance with the standards promulgated under this section.
(e) Consultation.--For those systems, critical infrastructure, and
facilities that the Secretary determines need to be protected against
terrorist attack, the Secretary shall consult with other Federal
agencies, State, local, and tribal governments, and the private sector
to ensure the development of consistent standards and consistent
implementation of the integrated screening system.
(f) Biometric Identifiers.--In carrying out this section, the
Secretary shall continue to review biometric technologies and existing
Federal and State programs using biometric identifiers. Such review
shall consider the accuracy rate of available technologies.
(g) Maintaining Accuracy and Integrity of the Integrated Screening
System.--
(1) In general.--The Secretary shall establish rules,
guidelines, policies, and operating and auditing procedures for
collecting, removing, and updating data maintained in, and
adding information to, the integrated screening system that
ensure the accuracy and integrity of the data.
(2) Data maintenance procedures.--Each head of a Federal
agency that has databases and data systems linked to the
integrated screening 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.
(3) Requirements.--The rules, guidelines, policies, and
procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors;
(ii) determining which government agency or
entity provided data so that the accuracy of
the data can be ascertained; and
(iii) clarifying information known to cause
false hits or misidentification errors; and
(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.
(h) Implementation.--
(1) Phase i.--The Secretary shall--
(A) develop plans for, and begin implementation of,
a single program for registered travelers to expedite
travel across the border, as required under section
__03(g);
(B) continue the implementation of a biometric exit
and entry data system that links to relevant databases
and data systems, as required by subsections (c)
through (f) of section __03 and other existing
authorities;
(C) centralize the ``no-fly'' and ``automatic-
selectee'' lists, making use of improved terrorists
watch lists, as required by section ___03;
(D) develop plans, in consultation with other
relevant agencies, for the sharing of terrorist
information with trusted governments, as required by
section __05;
(E) initiate any other action determined
appropriate by the Secretary to facilitate the
implementation of this paragraph; and
(F) report to Congress on the implementation of
phase I, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with
statutory provisions, and safeguards for
privacy and civil liberties; and
(ii) plans for the development and
implementation of phases II and III.
(2) Phase ii.--The Secretary shall--
(A) complete the implementation of a single program
for registered travelers to expedite travel across the
border, as required by section __03(g);
(B) complete the implementation of a biometric
entry and exit data system that links to relevant
databases and data systems, as required by subsections
(c) through (f) of section __03, and other existing
authorities;
(C) in cooperation with other relevant agencies,
engage in dialogue with foreign governments to develop
plans for the use of common screening standards;
(D) initiate any other action determined
appropriate by the Secretary to facilitate the
implementation of this paragraph; and
(E) report to Congress on the implementation of
phase II, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with
statutory provisions, and safeguards for
privacy and civil liberties; and
(ii) the plans for the development and
implementation of phase III.
(3) Phase iii.--The Secretary shall--
(A) finalize and deploy the integrated screening
system required by subsection (a);
(B) in cooperation with other relevant agencies,
promote the implementation of common screening
standards by foreign governments; and
(C) report to Congress on the implementation of
Phase III, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with
statutory provisions, and safeguards for
privacy and civil liberties; and
(ii) the plans for the ongoing operation of
the integrated screening system.
(i) Report.--After phase III has been implemented, the Secretary
shall submit a report to Congress every 3 years that describes the
ongoing operation of the integrated screening system, including its
effectiveness, efficient use of resources, compliance with statutory
provisions, and safeguards for privacy and civil liberties.
(j) Authorizations.--There are authorized to be appropriated to the
Secretary for each of the fiscal years 2005 through 2009, such sums as
may be necessary to carry out the provisions of this section.
SEC. 1023. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that completing a biometric entry and exit data system as expeditiously
as possible is an essential investment in efforts to protect the United
States by preventing the entry of terrorists.
(b) 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) In general.--The Secretary 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.
(2) 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.
(3) Requirements.--The rules, guidelines, policies, and
procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors;
(ii) determining which government agency or
entity provided data so that the accuracy of
the data can be ascertained; and
(iii) clarifying information known to cause
false hits or misidentification errors; and
(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.
(g) Expediting Registered Travelers Across International Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(A) expediting the travel of previously screened
and known travelers across the borders of the United
States should be a high priority; and
(B) the process of expediting known travelers
across the 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.
(h) 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. 1024. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that--
(1) existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification;
(2) the planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities; and
(3) additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Biometric Passports.--
(1) Development of plan.--The Secretary of State, in
consultation with the Secretary of Homeland Security, shall
develop and implement a plan as expeditiously as possible to
require biometric passports or other identification deemed by
the Secretary of State to be at least as secure as a biometric
passport, for all travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(4)(B)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom documentation
requirements have previously been waived under section
212(d)(4)(B) of such Act, to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
(c) Technical and Conforming Amendments.--After the complete
implementation of the plan described in subsection (b)--
(1) 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 State, in consultation
with the Secretary of Homeland Security, determines
that the alternative documentation that is the basis
for the waiver of the documentary requirement is at
least as secure as a biometric passport;
(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. 1025. 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 finds
that--
(1) the exchange of terrorist information with other
countries, consistent with privacy requirements, along with
listings of lost and stolen passports, will have immediate
security benefits; and
(2) the further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should exchange terrorist
information with trusted allies;
(2) the United States Government should move toward real-
time verification of passports with issuing authorities;
(3) where practicable the United States Government should
conduct screening before a passenger departs on a flight
destined for the United States;
(4) the United States Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the United States Government should work with other
countries to improve passport standards and provide foreign
assistance to countries that need help making the transition to
the global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the Secretary
of Homeland Security, working with other agencies, shall submit
to the appropriate committees of Congress a report on Federal
efforts to collaborate with allies of the United States in the
exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such collaboration
and cooperation;
(B) progress made in screening passengers before
their departure to the United States; and
(C) efforts to work with other countries to
accomplish the goals described under this section.
(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 prior to
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; and
(D) the Committee on International Relations of the
House of Representatives.
SEC. 1026. 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 Amendments.--Section 656 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5
U.S.C. 301 note) is repealed.
SEC. 1027. 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) 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
(E) 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 and civil and due process 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, including
organizations with technological and
operational expertise in document security and
organizations that represent the interests of
applicants for such licenses or identification
cards.
(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. 1028. SOCIAL SECURITY CARDS.
(a) Security Enhancements.--The Commissioner of Social Security
shall--
(1) not later than 180 days after the date of enactment of
this section, issue regulations to restrict the issuance of
multiple replacement social security cards to any individual to
minimize fraud;
(2) within 1 year after the date of enactment of this
section, require verification of records provided by an
applicant for an original social security card, other than for
purposes of enumeration at birth; and
(3) within 18 months after the date of enactment of this
section, add death, fraud, and work authorization indicators to
the social security number verification system.
(b) Interagency Security Task Force.--The 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 1 year after the date of enactment of this section, the task force
shall establish security requirements, including--
(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the
issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent
use or issuance of social security numbers and cards.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner of Social Security for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.
SEC. 1029. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this title shall
take effect on the date of enactment of this Act.
Subtitle C--Transportation Security
SEC. 1031. DEFINITIONS.
In this title, the terms ``air carrier'', ``air transportation'',
``aircraft'', ``airport'', ``cargo'', ``foreign air carrier'', and
``intrastate air transportation'' have the meanings given such terms in
section 40102 of title 49, United States Code.
SEC. 1032. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Requirement for Strategy.--
(1) Responsibilities of secretary of homeland security.--
The Secretary of Homeland Security shall--
(A) develop and implement a National Strategy for
Transportation Security; and
(B) revise such strategy whenever necessary to
improve or to maintain the currency of the strategy or
whenever the Secretary otherwise considers it
appropriate to do so.
(2) Consultation with secretary of transportation.--The
Secretary of Homeland Security shall consult with the Secretary
of Transportation in developing and revising the National
Strategy for Transportation Security under this section.
(b) Content.--The National Strategy for Transportation Security
shall include the following matters:
(1) An identification and evaluation of the transportation
assets within the United States that, in the interests of
national security, must be protected from attack or disruption
by terrorist or other hostile forces, including aviation,
bridge and tunnel, commuter rail and ferry, highway, maritime,
pipeline, rail, urban mass transit, and other public
transportation infrastructure assets that could be at risk of
such an attack or disruption.
(2) The development of the risk-based priorities, and
realistic deadlines, for addressing security needs associated
with those assets.
(3) The most practical and cost-effective means of
defending those assets against threats to their security.
(4) A forward-looking strategic plan that assigns
transportation security roles and missions to departments and
agencies of the Federal Government (including the Armed
Forces), State governments (including the Army National Guard
and Air National Guard), local governments, and public
utilities, and establishes mechanisms for encouraging private
sector cooperation and participation in the implementation of
such plan.
(5) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(6) A prioritization of research and development objectives
that support transportation security needs, giving a higher
priority to research and development directed toward protecting
vital assets.
(7) A budget and recommendations for appropriate levels and
sources of funding to meet the objectives set forth in the
strategy.
(c) Submissions to Congress.--
(1) The national strategy.--
(A) Initial strategy.--The Secretary of Homeland
Security shall submit the National Strategy for
Transportation Security developed under this section to
Congress not later than April 1, 2005.
(B) Subsequent versions.--After 2005, the Secretary
of Homeland Security shall submit the National Strategy
for Transportation Security, including any revisions,
to Congress not less frequently than April 1 of each
even-numbered year.
(2) Periodic progress report.--
(A) Requirement for report.--Each year, in
conjunction with the submission of the budget to
Congress under section 1105(a) of title 31, United
States Code, the Secretary of Homeland Security shall
submit to Congress an assessment of the progress made
on implementing the National Strategy for
Transportation Security.
(B) Content.--Each progress report under this
paragraph shall include, at a minimum, the following
matters:
(i) An assessment of the adequacy of the
resources committed to meeting the objectives
of the National Strategy for Transportation
Security.
(ii) Any recommendations for improving and
implementing that strategy that the Secretary,
in consultation with the Secretary of
Transportation, considers appropriate.
(3) Classified material.--Any part of the National Strategy
for Transportation Security that involves information that is
properly classified under criteria established by Executive
order shall be submitted to Congress separately in classified
form.
(d) Priority Status.--
(1) In general.--The National Strategy for Transportation
Security shall be the governing document for Federal
transportation security efforts.
(2) Other plans and reports.--The National Strategy for
Transportation Security shall include, as an integral part or
as an appendix--
(A) the current National Maritime Transportation
Security Plan under section 70103 of title 46, United
States Code;
(B) the report required by section 44938 of title
49, United States Code; and
(C) any other transportation security plan or
report that the Secretary of Homeland Security
determines appropriate for inclusion.
SEC. 1033. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION
SCREENING.
(a) In General.--The Secretary of Homeland Security, acting through
the Transportation Security Administration, as soon as practicable
after the date of the enactment of this Act but in no event later than
180 days after that date, shall--
(1) implement a procedure under which the Transportation
Security Administration compares information about passengers
who are to be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or
intrastate air transportation for flights and flight segments
originating in the United States with a comprehensive,
consolidated database containing information about known or
suspected terrorists and their associates; and
(2) use the information obtained by comparing the passenger
information with the information in the database to prevent
known or suspected terrorists and their associates from
boarding such flights or flight segments or to subject them to
specific additional security scrutiny, through the use of ``no
fly'' and ``automatic selectee'' lists or other means.
(b) Air Carrier Cooperation.--The Secretary of Homeland Security,
in coordination with the Secretary of Transportation, shall by order
require air carriers to provide the passenger information necessary to
implement the procedure required by subsection (a).
(c) Maintaining the Accuracy and Integrity of the ``No Fly'' and
``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigation, shall design guidelines, policies, and
operating procedures for the collection, removal, and updating
of data maintained, or to be maintained, in the watchlist
database described in subsection (a)(1) that are designed to
ensure the accuracy and integrity of the database.
(2) Accuracy of entries.--In developing the ``no fly'' and
``automatic selectee'' lists under subsection (a)(2), the
Secretary of Homeland Security shall establish a simple and
timely method for correcting erroneous entries, for clarifying
information known to cause false hits or misidentification
errors, and for updating relevant information that is
dispositive in the passenger screening process. The Secretary
shall also establish a process to provide individuals whose
names are confused with, or similar to, names in the database
with a means of demonstrating that they are not a person named
in the database.
SEC. 1034. ENHANCED PASSENGER AND CARGO SCREENING.
(a) Aircraft Passenger Screening at Checkpoints.--
(1) Detection of explosives.--
(A) Improvement of capabilities.--As soon as
practicable after the date of the enactment of this
Act, the Secretary of Homeland Security shall take such
action as is necessary to improve the capabilities at
passenger screening checkpoints, especially at
commercial airports, to detect explosives carried
aboard aircraft by passengers or placed aboard aircraft
by passengers.
(B) Interim action.--Until measures are implemented
that enable the screening of all passengers for
explosives, the Secretary shall take immediate measures
to require Transportation Security Administration or
other screeners to screen for explosives any individual
identified for additional screening before that
individual may board an aircraft.
(2) Implementation report.--
(A) Requirement for report.--Within 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall transmit to the Senate and the
House of Representatives a report on how the Secretary
intends to achieve the objectives of the actions
required under paragraph (1). The report shall include
an implementation schedule.
(B) Classified information.--The Secretary may
submit separately in classified form any information in
the report under subparagraph (A) that involves
information that is properly classified under criteria
established by Executive order.
(b) Acceleration of Research and Development on, and Deployment of,
Detection of Explosives.--
(1) Required action.--The Secretary of Homeland Security,
in consultation with the Secretary of Transportation, shall
take such action as may be necessary to accelerate research and
development and deployment of technology for screening aircraft
passengers for explosives during or before the aircraft
boarding process.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are necessary
to carry out this subsection for each of fiscal years 2005
through 2009.
(c) Improvement of Screener Job Performance.--
(1) Required action.--The Secretary of Homeland Security
shall take such action as may be necessary to improve the job
performance of airport screening personnel.
(2) Human factors study.--In carrying out this subsection,
the Secretary shall, not later than 180 days after the date of
the enactment of this Act, conduct a human factors study in
order better to understand problems in screener performance and
to set attainable objectives for individual screeners and
screening checkpoints.
(d) Checked Baggage and Cargo.--
(1) In-line baggage screening.--The Secretary of Homeland
Security shall take such action as may be necessary to expedite
the installation and use of advanced in-line baggage-screening
equipment at commercial airports.
(2) Cargo security.--The Secretary shall take such action
as may be necessary to ensure that the Transportation Security
Administration increases and improves its efforts to screen
potentially dangerous cargo.
(e) Blast-resistant Cargo and Baggage Containers.--
(1) In general.--The Secretary of Homeland Security, in
coordination with the Secretary of Transportation--
(A) shall assess the feasibility of requiring the
use of blast-resistant containers for cargo and baggage
on passenger aircraft to minimize the potential effects
of detonation of an explosive device; and
(B) may require their use on some or all flights on
aircraft for which such containers are available.
(2) Pilot program.--Before requiring the use of such
containers on any such flights, the Secretary of Homeland
Security shall conduct a pilot program to evaluate the use of
currently available blast-resistant containers for cargo and
baggage on passenger aircraft. In conducting the pilot program
the Secretary--
(A) shall test the feasibility of using the
containers by deploying them on participating air
carrier flights; but
(B) may not disclose to the public the number of
blast-resistant containers being used in the program or
publicly identify the flights on which the containers
are used.
(3) Assistance for participation in pilot program.--
(A) In general.--As part of the pilot program, the
Secretary may provide assistance to air carriers to
volunteer to test the use of blast-resistant containers
for cargo and baggage on passenger aircraft.
(B) Applications.--To volunteer to participate in
the incentive program, an air carrier shall submit to
the Secretary an application that is in such form and
contains such information as the Secretary requires.
(C) Types of Assistance.--Assistance provided by
the Secretary to air carriers that volunteer to
participate in the pilot program may include the use of
blast-resistant containers and financial assistance to
cover increased costs to the carriers associated with
the use and maintenance of the containers, including
increased fuel costs.
(4) Technological improvements.--The Secretary of Homeland
Security, in cooperation with the Secretary of Transportation,
shall--
(A) support efforts to further the development and
improvement of blast-resistant containers for potential
use on aircraft, including designs that--
(i) will work on a variety of aircraft,
including narrow body aircraft; and
(ii) minimize the weight of such containers
without compromising their effectiveness; and
(B) explore alternative technologies for minimizing
the potential effects of detonation of an explosive
device on cargo and passenger aircraft.
(5) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report to
the Congress on the results of the pilot program and on
progress made in developing improved containers and equivalent
technologies. The report may be submitted in classified and
redacted formats.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as are necessary to carry out this section. Such sums
shall remain available until expended.
(f) Cost-Sharing.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with representatives of air carriers, airport operators,
and other interested parties, shall submit to the Senate and the House
of Representatives--
(1) a proposed formula for cost-sharing, for the advanced
in-line baggage screening equipment required by this title,
between and among the Federal Government, State and local
governments, and the private sector that reflects proportionate
national security benefits and private sector benefits for such
enhancement; and
(2) recommendations, including recommended legislation, for
an equitable, feasible, and expeditious system for defraying
the costs of the advanced in-line baggage screening equipment
required by this title, which may be based on the formula
proposed under paragraph (1).
SEC. 1035. EFFECTIVE DATE.
This title takes effect on the date of enactment of this Act.
Subtitle D--National Preparedness
SEC. 1041. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist
attack.
(3) Key decision makers who are represented at the incident
command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(5) Beginning with fiscal year 2005, the Department of
Homeland Security is requiring that entities adopt the Incident
Command System and other concepts of the National Incident
Management System in order to qualify for funds distributed by
the Office of State and Local Government Coordination and
Preparedness.
(b) Sense of Congress.--It is the sense of Congress that--
(1) emergency response agencies nationwide should adopt the
Incident Command System;
(2) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system; and
(3) the Secretary of Homeland Security should require, as a
further condition of receiving homeland security preparedness
funds from the Office of State and Local Government
Coordination and Preparedness, that grant applicants document
measures taken to fully and aggressively implement the Incident
Command System and unified command procedures.
SEC. 1042. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--
The term ``authorized representative of the Federal
Government'' means any individual or individuals designated by
the President with respect to the executive branch, the Chief
Justice with respect to the Federal judiciary, or the President
of the Senate and Speaker of the House of Representatives with
respect to Congress, or their designees, to request assistance
under a Mutual Aid Agreement for an emergency or public service
event.
(2) Chief operating officer.--The term ``chief operating
officer'' means the official designated by law to declare an
emergency in and for the locality of that chief operating
officer.
(3) Emergency.--The term ``emergency'' means a major
disaster or emergency declared by the President, or a state of
emergency declared by the Mayor of the District of Columbia,
the Governor of the State of Maryland or the Commonwealth of
Virginia, or the declaration of a local emergency by the chief
operating officer of a locality, or their designees, that
triggers mutual aid under the terms of a Mutual Aid Agreement.
(4) Employee.--The term ``employee'' means the employees of
the party, including its agents or authorized volunteers, who
are committed in a Mutual Aid Agreement to prepare for or who
respond to an emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city,
or town within the State of Maryland or the Commonwealth of
Virginia and within the National Capital Region.
(6) Mutual aid agreement.--The term ``Mutual Aid
Agreement'' means an agreement, authorized under subsection (b)
for the provision of police, fire, rescue and other public
safety and health or medical services to any party to the
agreement during a public service event, an emergency, or pre-
planned training event.
(7) National capital region or region.--The term ``National
Capital Region'' or ``Region'' means the area defined under
section 2674(f)(2) of title 10, United States Code, and those
counties with a border abutting that area and any
municipalities therein.
(8) Party.--The term ``party'' means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, and any
of the localities duly executing a Mutual Aid Agreement under
this section.
(9) Public service event.--The term ``public service
event''--
(A) means any undeclared emergency, incident or
situation in preparation for or response to which the
Mayor of the District of Columbia, an authorized
representative of the Federal Government, the Governor
of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating
officer of a locality in the National Capital Region,
or their designees, requests or provides assistance
under a Mutual Aid Agreement within the National
Capital Region; and
(B) includes Presidential inaugurations, public
gatherings, demonstrations and protests, and law
enforcement, fire, rescue, emergency health and medical
services, transportation, communications, public works
and engineering, mass care, and other support that
require human resources, equipment, facilities or
services supplemental to or greater than the requesting
jurisdiction can provide.
(10) State.--The term ``State'' means the State of
Maryland, the Commonwealth of Virginia, and the District of
Columbia.
(11) Training.--The term ``training'' means emergency and
public service event-related exercises, testing, or other
activities using equipment and personnel to simulate
performance of any aspect of the giving or receiving of aid by
National Capital Region jurisdictions during emergencies or
public service events, such actions occurring outside actual
emergency or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The Mayor of the District of Columbia, any
authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of a
locality, or their designees, acting within his or her
jurisdictional purview, may, subject to State law, enter into,
request or provide assistance under Mutual Aid Agreements with
localities, the Washington Metropolitan Area Transit Authority,
the Metropolitan Washington Airports Authority, and any other
governmental agency or authority for--
(A) law enforcement, fire, rescue, emergency health
and medical services, transportation, communications,
public works and engineering, mass care, and resource
support in an emergency or public service event;
(B) preparing for, mitigating, managing, responding
to or recovering from any emergency or public service
event; and
(C) training for any of the activities described
under subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the
Commonwealth of Virginia are encouraged to facilitate the
ability of localities to enter into interstate Mutual Aid
Agreements in the National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security
operations at special events of national significance
under section 3056(e) of title 18, United States Code,
or other law enforcement functions of the United States
Secret Service;
(B) does not diminish any authorities, express or
implied, of Federal agencies to enter into Mutual Aid
Agreements in furtherance of their Federal missions;
and
(C) does not--
(i) preclude any party from entering into
supplementary Mutual Aid Agreements with fewer
than all the parties, or with another party; or
(ii) affect any other agreement in effect
before the date of enactment of this Act among
the States and localities, including the
Emergency Management Assistance Compact.
(4) Rights described.--Other than as described in this
section, the rights and responsibilities of the parties to a
Mutual Aid Agreement entered into under this section shall be
as described in the Mutual Aid Agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase
liability and indemnification insurance or become self insured
against claims arising under a Mutual Aid Agreement authorized
under this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or
employees rendering aid or failing to render aid to the
District of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, under a
Mutual Aid Agreement authorized under this section, and any
party or its officers or employees engaged in training
activities with another party under such a Mutual Aid
Agreement, shall be liable on account of any act or omission of
its officers or employees while so engaged or on account of the
maintenance or use of any related equipment, facilities, or
supplies, but only to the extent permitted under the laws and
procedures of the State of the party rendering aid.
(2) Actions.--Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, or failure to render such aid or on
account of the maintenance or use of any related equipment,
facilities, or supplies may be brought only under the laws and
procedures of the State of the party rendering aid and only in
the Federal or State courts located therein. Actions against
the United States under this section may be brought only in
Federal courts.
(3) Good faith exception.--
(A) Definition.--In this paragraph, the term ``good
faith'' shall not include willful misconduct, gross
negligence, or recklessness.
(B) Exception.--No State or locality, or its
officers or employees, rendering aid to another party,
or engaging in training, under a Mutual Aid Agreement
shall be liable under Federal law on account of any act
or omission performed in good faith while so engaged,
or on account of the maintenance or use of any related
equipment, facilities, or supplies performed in good
faith.
(4) Immunities.--This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(d) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment
of compensation and death benefits to injured members of the
emergency forces of that party and representatives of deceased
members of such forces if such members sustain injuries or are
killed while rendering aid to the District of Columbia, the
Federal Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, under a Mutual Aid Agreement, or
engaged in training activities under a Mutual Aid Agreement, in
the same manner and on the same terms as if the injury or death
were sustained within their own jurisdiction.
(2) Other state law.--No party shall be liable under the
law of any State other than its own for providing for the
payment of compensation and death benefits to injured members
of the emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid
Agreement or engaged in training activities under a Mutual Aid
Agreement.
(e) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party evidencing
the meeting of qualifications for professional, mechanical, or other
skills and assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted by the
receiving jurisdiction to render aid involving such skill to meet a
public service event, emergency or training for any such events.
SEC. 1043. URBAN AREA COMMUNICATIONS CAPABILITIES.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.
``The Secretary, in consultation with the Federal Communications
Commission and the Secretary of Defense, and with appropriate
governors, mayors, and other State and local government officials,
shall encourage and support the establishment of consistent and
effective communications capabilities in the event of an emergency in
urban areas determined by the Secretary to be at consistently high
levels of risk from terrorist attack. Such communications capabilities
shall ensure the ability of all levels of government agencies,
including military authorities, and of first responders, hospitals, and
other organizations with emergency response capabilities to communicate
with each other in the event of an emergency. Additionally, the
Secretary, in conjunction with the Secretary of Defense, shall develop
plans to provide back-up and additional communications support in the
event of an emergency.''.
(b) Technical and Conforming Amendment.--Section 1(b) of that Act
is amended by inserting after the item relating to section 509 the
following:
``Sec. 510. High risk urban area communications capabilities.''.
SEC. 1044. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Private sector organizations own 85 percent of the
Nation's critical infrastructure and employ the vast majority
of the Nation's workers.
(2) Unless a terrorist attack targets a military or other
secure government facility, the first people called upon to
respond will likely be civilians.
(3) Despite the exemplary efforts of some private entities,
the private sector remains largely unprepared for a terrorist
attack, due in part to the lack of a widely accepted standard
for private sector preparedness.
(4) Preparedness in the private sector and public sector
for rescue, restart and recovery of operations should include--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(5) The American National Standards Institute recommends a
voluntary national preparedness standard for the private sector
based on the existing American National Standard on Disaster/
Emergency Management and Business Continuity Programs (NFPA
1600), with appropriate modifications. This standard would
establish a common set of criteria and terminology for
preparedness, disaster management, emergency management, and
business continuity programs.
(6) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as
government entities.
(b) Private Sector Preparedness Program.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 805, is
amended by adding at the end the following:
``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.
``The Secretary shall establish a program to promote private sector
preparedness for terrorism and other emergencies, including promoting
the adoption of a voluntary national preparedness standard such as the
private sector preparedness standard developed by the American National
Standards Institute and based on the National Fire Protection
Association 1600 Standard on Disaster/Emergency Management and Business
Continuity Programs.''.
(2) Technical and conforming amendment.--Section 1(b) of
that Act, as amended by section 805, is amended by inserting
after the item relating to section 510 the following:
``Sec. 511. Private sector preparedness program.''.
(c) Sense of Congress.--It is the sense of Congress that insurance
and credit-rating industries should consider compliance with the
voluntary national preparedness standard, the adoption of which is
promoted by the Secretary of Homeland Security under section 511 of the
Homeland Security Act of 2002, as added by subsection (b), in assessing
insurability and credit worthiness.
SEC. 1045. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress finds the following:
(1) Under section 201 of the Homeland Security Act of 2002
(6 U.S.C 121), the Department of Homeland Security, through the
Under Secretary for Information Analysis and Infrastructure
Protection, has the responsibility--
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States;
(B) to identify priorities for protective and
supportive measures; and
(C) to develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States.
(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland Security
was given 1 year to develop a comprehensive plan to identify,
prioritize, and coordinate the protection of critical
infrastructure and key resources.
(3) Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, the Secretary of
Homeland Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and
other institutions that need to be protected;
(B) develop plans to protect that infrastructure;
and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later than 180
days after the date of enactment of this Act and annually thereafter,
the Secretary of Homeland Security shall submit a report to Congress
on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's
critical infrastructure;
(2) the adequacy of the Government's plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 1046. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES
HOMELAND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Department of Defense has primary responsibility
for the military defense of the United States.
(2) Prior to September 11, 2001, the North American
Aerospace Defense Command (NORAD), which had responsibility for
defending United States airspace, focused on threats coming
from outside the borders of the United States.
(3) The United States Northern Command has been established
to assume responsibility for the military defense of the United
States, as well as to provide military support to civil
authorities.
(b) Sense of Congress.--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 threats within the United States, should it be
called upon to do so by the President.
(c) Annual Report.--
(1) Requirement for report.--The Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives an
annual report describing the plans and strategies of the United
States Northern Command to defend the United States against all
threats within the United States, in the case that it is called
upon to do so by the President.
(2) Submission of report.--The annual report required by
paragraph (1) shall be submitted in conjunction with the
submission of the President's budget request to Congress.
SEC. 1047. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this Act,
this title takes effect on the date of the enactment of this Act.
Subtitle E--Homeland Security Grants
SEC. 1051. SHORT TITLE.
This title may be cited as the ``Homeland Security Grant
Enhancement Act of 2004''.
SEC. 1052. DEFINITIONS.
In this title, the following definitions shall apply:
(1) Insular area.--The term ``insular area'' means American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(2) Large high-threat state fund.--The term ``Large High-
Threat State Fund'' means the fund containing amounts
authorized to be appropriated for States that elect to receive
Federal financial assistance through a per capita share of
38.625 percent of the amount appropriated for the State
Homeland Security Grant Program.
(3) Local government.--The term ``local government'' has
the same meaning given that term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(4) State.--The term ``State'' means each of the several
States of the United States and the District of Columbia.
(5) State homeland security grant program.--The term
``State Homeland Security Grant Program'' means the program
receiving 75 percent of the amount appropriated for the Threat-
Based Homeland Security Grant Program.
(6) Threat-based homeland security grant program.--The term
``Threat-Based Homeland Security Grant Program'' means the
program authorized under section 6.
(7) Urban area security initiative grant program.--The term
``Urban Area Security Initiative Grant Program'' means the
program receiving 25 percent of the amount appropriated for the
Threat-Based Homeland Security Grant Program.
SEC. 1053. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL
FIRST RESPONDER MISSIONS.
(a) In General.--This title shall not be construed to affect any
authority to award grants under any Federal grant program listed under
subsection (b), which existed on September 10, 2001, to enhance
traditional missions of State and local law enforcement, firefighters,
ports, emergency medical services, or public health missions.
(b) Programs Included.--The programs referred to in subsection (a)
are the following:
(1) The Firefighter Assistance Program authorized under
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229).
(2) The Emergency Management Performance Grant Program and
the Urban Search and Rescue Grant program authorized under--
(A) title VI of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5195 et
seq.);
(B) the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 2000 (Public Law 106-74; 113 Stat.
1047 et seq.); and
(C) the Earthquake Hazards Reduction Act of 1977
(42 U.S.C. 7701 et seq.).
(4) The Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs authorized under part E of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3750 et seq.).
(5) The Public Safety and Community Policing (COPS ON THE
BEAT) Grant Program authorized under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.).
(6) Grant programs under the Public Health Service Act
regarding preparedness for bioterrorism and other public health
emergencies and the Emergency Response Assistance Program
authorized under section 1412 of the Defense Against Weapons of
Mass Destruction Act of 1996 (50 U.S.C. 2312).
(7) Grant programs under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121-5206).
SEC. 1054. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND
SECURITY GRANT PROGRAMS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after section 801 the following:
``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND
SECURITY GRANT PROGRAMS.
``(a) Establishment.--
``(1) In general.--The Secretary, in coordination with the
Attorney General, the Secretary of Health and Human Services,
the Secretary of Transportation, the Administrator of the
Environmental Protection Agency, and other agencies providing
assistance for first responder preparedness, as identified by
the President, shall establish the Interagency Committee to
Coordinate and Streamline Homeland Security Grant Programs
(referred to in this subtitle as the `Interagency Committee').
``(2) Composition.--The Interagency Committee shall be
composed of--
``(A) a representative of the Department;
``(B) a representative of the Department of Health
and Human Services;
``(C) a representative of the Department of
Transportation;
``(D) a representative of the Department of
Justice;
``(E) a representative of the Environmental
Protection Agency; and
``(F) a representative of any other department or
agency determined to be necessary by the President.
``(3) Responsibilities.--The Interagency Committee shall--
``(A) report on findings to the Information
Clearinghouse established under section 801(d);
``(B) consult with State and local governments and
emergency response providers regarding their homeland
security needs and capabilities;
``(C) advise the Secretary on the development of
performance measures for homeland security grant
programs and the national strategy for homeland
security;
``(D) compile a list of homeland security
assistance programs;
``(E) not later than 1 year after the effective
date of the Homeland Security Grant Enhancement Act of
2004--
``(i) develop a proposal to coordinate, to
the maximum extent practicable, the planning,
reporting, application, and other guidance
documents contained in homeland security
assistance programs to eliminate all redundant
and duplicative requirements; and
``(ii) submit the proposal developed under
clause (i) to Congress and the President.
``(b) Administration.--The Department shall provide administrative
support to the Interagency Committee, which shall include--
``(1) scheduling meetings;
``(2) preparing agenda;
``(3) maintaining minutes and records; and
``(4) producing reports.
``(c) Chairperson.--The Secretary shall designate a chairperson of
the Interagency Committee.
``(d) Meetings.--The Interagency Committee shall meet--
``(1) at the call of the Secretary; or
``(2) not less frequently than once every 1 month.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 801 the following:
``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland
Security Grant Programs.''.
SEC. 1055. STREAMLINING FEDERAL HOMELAND SECURITY GRANTS.
(a) Director of State and Local Government Coordination and
Preparedness.--Section 801(a) of the Homeland Security Act of 2002 (6
U.S.C. 361(a)) is amended to read as follows:
``(a) Establishment.--
``(1) In general.--There is established within the Office
of the Secretary the Office for State and Local Government
Coordination and Preparedness, which shall oversee and
coordinate departmental programs for, and relationships with,
State and local governments.
``(2) Executive director.--The Office established under
paragraph (1) shall be headed by the Executive Director of
State and Local Government Coordination and Preparedness, who
shall be appointed by the President, by and with the advice and
consent of the Senate.''.
(b) Office for Domestic Preparedness.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended--
(1) by redesignating section 430 as section 803 and
transferring that section to the end of subtitle A of title
VIII, as amended by section 4; and
(2) in section 803, as redesignated by paragraph (1)--
(A) in subsection (a), by striking ``the
Directorate of Border and Transportation Security'' and
inserting ``the Office for State and Local Government
Coordination and Preparedness'';
(B) in subsection (b), by striking ``who shall be
appointed by the President'' and all that follows and
inserting ``who shall report directly to the Executive
Director of State and Local Government Coordination and
Preparedness.'';
(C) in subsection (c)--
(i) in paragraph (7)--
(I) by striking ``other'' and
inserting ``the'';
(II) by striking ``consistent with
the mission and functions of the
Directorate''; and
(III) by striking ``and'' at the
end; and
(ii) in paragraph (8)--
(I) by inserting ``carrying out''
before ``those elements'';
(II) by striking the period at the
end and inserting ``; and'' ; and
(iii) by adding at the end the following:
``(9) managing the Homeland Security Information
Clearinghouse established under section 801(d).'';
(D) by redesignating subsection (d) as subsection
(e).
(c) Technical and Conforming Amendments.--The table of contents for
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by striking the item relating to section 430;
(2) by amending section 801 to read as follows:
``Sec. 801. Office of State and Local Government Coordination and
Preparedness.''; and
(3) by inserting after the item relating to section 802, as
added by this Act, the following:
``Sec. 803. Office for Domestic Preparedness.''.
(d) Establishment of Homeland Security Information Clearinghouse.--
Section 801 of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.), as amended by subsection (a), is further amended by adding at
the end the following:
``(d) Homeland Security Information Clearinghouse.--
``(1) Establishment.--There is established within the
Office for State and Local Government Coordination a Homeland
Security Information Clearinghouse (referred to in this section
as the `Clearinghouse'), which shall assist States, local
governments, and first responders in accordance with paragraphs
(2) through (6).
``(2) Homeland security grant information.--The
Clearinghouse shall create a new website or enhance an existing
website, establish a toll-free number, and produce a single
publication that each contain information regarding the
homeland security grant programs identified under section
802(a)(4).
``(3) Technical assistance.--The Clearinghouse, in
consultation with the Interagency Committee established under
section 802, shall provide information regarding--
``(A) technical assistance provided by any Federal
agency to States and local governments regarding
homeland security matters; and
``(B) templates for conducting threat analyses and
vulnerability assessments.
``(4) Best practices.--The Clearinghouse shall work with
States, local governments, emergency response providers and the
National Domestic Preparedness Consortium, and private
organizations to gather, validate, and disseminate information
regarding successful State and local homeland security programs
and practices.
``(5) Use of federal funds.--The Clearinghouse shall
compile information regarding equipment, training, and other
services purchased with Federal funds provided under the
homeland security grant programs identified under section
802(a)(4), and make such information, and information regarding
voluntary standards of training, equipment, and exercises,
available to States, local governments, and first responders.
``(6) Other information.--The Clearinghouse shall provide
States, local governments, and first responders with any other
information that the Secretary determines necessary.''.
SEC. 1056. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of Homeland Security
(referred to in this section as the ``Secretary'') may award grants to
States and local governments to enhance homeland security.
(b) Use of Funds.--
(1) In general.--Grants awarded under subsection (a)--
(A) shall be used to address homeland security
matters related to acts of terrorism or major disasters
and related capacity building; and
(B) shall not be used to supplant ongoing first
responder expenses or general protective measures.
(2) Allowable uses.--Grants awarded under subsection (a)
may be used to--
(A) develop State plans or risk assessments
(including the development of the homeland security
plan) to respond to terrorist attacks and strengthen
all hazards emergency planning and communitywide plans
for responding to terrorist or all hazards emergency
events that are coordinated with the capacities of
applicable Federal, State, and local governments, first
responders, and State and local government health
agencies;
(B) develop State, regional, or local mutual aid
agreements;
(C) purchase or upgrade equipment based on State
and local needs as identified under a State homeland
security plan;
(D) conduct exercises to strengthen emergency
preparedness of State and local first responders
including law enforcement, firefighting personnel, and
emergency medical service workers, and other emergency
responders identified in a State homeland security
plan;
(E) pay for overtime expenses relating to--
(i) training activities consistent with the
goals outlined in a State homeland security
plan;
(ii) as determined by the Secretary,
activities relating to an increase in the
threat level under the Homeland Security
Advisory System; and
(iii) any other activity relating to the
State Homeland Security Strategy, and approved
by the Secretary;
(F) promote training regarding homeland security
preparedness including--
(i) emergency preparedness responses to a
use or threatened use of a weapon of mass
destruction; and
(ii) training in the use of equipment,
including detection, monitoring, and
decontamination equipment, and personal
protective gear; and
(G) conduct any activity permitted under the Law
Enforcement Terrorism Prevention Grant Program.
(3) Prohibited uses.--
(A) Construction.--Grants awarded under subsection
(a) may not be used to construct buildings or other
physical facilities, except those described in section
611 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196) and approved
by the Secretary in the homeland security plan
certified under subsection (d), or to acquire land.
(B) Cost sharing.--Grant funds provided under this
section shall not be used for any State or local
government cost sharing contribution request under this
section.
(c) Application.--
(1) Submission.--A State may apply for a grant under this
section by submitting to the Secretary an application at such
time, and in such manner, and containing such information the
Secretary may reasonably require.
(2) Revisions.--A State may revise a homeland security plan
certified under subsection (d) at the time an application is
submitted under paragraph (1) after receiving approval from the
Secretary.
(3) Approval.--The Secretary shall not award a grant under
this section unless the application submitted by the State
includes a homeland security plan meeting the requirements of
subsection (d).
(4) Release of funds.--The Secretary shall release grant
funds to States with approved plans after the approval of an
application submitted under this subsection.
(d) Homeland Security Plan.--
(1) In general.--An application submitted under subsection
(c) shall include a certification that the State has prepared a
3-year State homeland security plan (referred to in this
subsection as the ``plan'') to respond to terrorist attacks and
strengthen all hazards emergency planning that has been
approved by the Secretary.
(2) Contents.--The plan shall contain measurable goals and
objectives that--
(A) establish a 3-year strategy to set priorities
for the allocation of funding to political subdivisions
based on the risk, capabilities, and needs described
under paragraph (3)(C);
(B) provide for secure interoperable
communications;
(C) provide for local coordination of response and
recovery efforts, including procedures for effective
incident command in conformance with the National
Incident Management System;
(D) ensure that first responders and other
emergency personnel have adequate training and
appropriate equipment for the threats that may occur;
(E) provide for improved coordination and
collaboration among police, fire, and public health
authorities at State and local levels;
(F) coordinate emergency response and public health
plans;
(G) mitigate risks to critical infrastructure that
may be vulnerable to terrorist attacks;
(H) promote regional coordination among contiguous
local governments;
(I) identify necessary protective measures by
private owners of critical infrastructure;
(J) promote orderly evacuation procedures when
necessary;
(K) ensure support from the public health community
for measures needed to prevent, detect and treat
bioterrorism, and radiological and chemical incidents;
(L) increase the number of local jurisdictions
participating in local and statewide exercises;
(M) meet preparedness goals as determined by the
Secretary; and
(N) include a report from the relevant advisory
committee established under paragraph (3)(D) that
documents the areas of support, disagreement, or
recommended changes to the plan before its submission
to the Secretary.
(3) Development process.--
(A) In general.--In preparing the plan under this
section, a State shall--
(i) provide for the consideration of all
homeland security needs;
(ii) follow a process that is continuing,
inclusive, cooperative, and comprehensive, as
appropriate; and
(iii) coordinate the development of the
plan with the homeland security planning
activities of local governments.
(B) Coordination with local planning activities.--
The coordination under subparagraph (A)(iii) shall
contain input from local stakeholders, including--
(i) local officials, including
representatives of rural, high-population, and
high-threat jurisdictions;
(ii) first responders and emergency
response providers; and
(iii) private sector companies, such as
railroads and chemical manufacturers.
(C) Scope of planning.--Each State preparing a plan
under this section shall, in conjunction with the local
stakeholders under subparagraph (B), address all the
information requested by the Secretary, and complete a
comprehensive assessment of--
(i) risk, including a--
(I) vulnerability assessment;
(II) threat assessment; and
(III) public health assessment, in
coordination with the State
bioterrorism plan; and
(ii) capabilities and needs, including--
(I) an evaluation of current
preparedness, mitigation, and response
capabilities based on such assessment
mechanisms as shall be determined by
the Secretary;
(II) an evaluation of capabilities
needed to address the risks described
under clause (i); and
(III) an assessment of the
shortfall between the capabilities
described under subclause (I) and the
required capabilities described under
subclause (II).
(D) Advisory committee.--
(i) In general.--Each State preparing a
plan under this section shall establish an
advisory committee to receive comments from the
public and the local stakeholders identified
under subparagraph (B).
(ii) Composition.--The Advisory Committee
shall include local officials, local first
responders, and emergency response providers
that are representative of the counties,
cities, and towns within the State, and which
shall include representatives of rural, high-
population, and high-threat jurisdictions.
(4) Plan approval.--The Secretary shall approve a plan upon
finding that the plan meets the requirements of--
(A) paragraphs (2) and (3);
(B) the interim performance measurements under
subsection (g)(1), or the national performance
standards under subsection (g)(2); and
(C) any other criteria the Secretary determines
necessary to the approval of a State plan.
(5) Review of advisory committee report.--The Secretary
shall review the recommendations of the advisory committee
report incorporated into a plan under subsection (d)(2)(N),
including any dissenting views submitted by advisory committee
members, to ensure cooperation and coordination between local
and State jurisdictions in planning the use of grant funds
under this section.
(e) Tentative Allocation.--
(1) Urban area security initiative grant program.--
(A) In general.--The Secretary shall allocate 25
percent of the funds appropriated under the Threat-
Based Homeland Security Grant Program for discretionary
grants to be provided directly to local governments,
including multistate entities established by a compact
between 2 or more States, in high threat areas, as
determined by the Secretary based on the criteria under
subparagraph (B).
(B) Criteria.--The Secretary shall ensure that each
local government receiving a grant on the basis of
terrorist threat under this paragraph--
(i) has a large population or high
population density;
(ii) has a high degree of threat, risk, and
vulnerability related to critical
infrastructure or not less than 1 key asset
identified by the Secretary or State homeland
security plan;
(iii) has an international border with
Canada or Mexico, or coastline bordering
international waters of Canada, Mexico, or
bordering the Atlantic Ocean, the Pacific
Ocean, or the Gulf of Mexico; or
(iv) are subject to other threat factors
specified in writing by the Secretary.
(C) Consistency.--Any grant awarded under this
paragraph shall be used to supplement and support, in a
consistent and coordinated manner, those activities and
objectives described under subsection (b) or a State
homeland security plan.
(D) Coordination.--The Secretary shall ensure that
any grants made under this paragraph encourage multiple
contiguous units of local government and mutual aid
partners to coordinate any homeland security
activities.
(2) State homeland security grant program.--
(A) States.--Each State whose application is
approved under subsection (c) shall receive, for each
fiscal year, the greater of--
(i) 0.75 percent of the amounts
appropriated for the State Homeland Security
Grant Program; or
(ii) the State's per capita share, as
defined by the 2002 census population estimate,
of 38.625 percent of the State Homeland
Security Grant Program.
(B) Insular areas.--Each insular area shall
receive, for each fiscal year, the greater of--
(i) 0.075 percent of the amounts
appropriated for the State Homeland Security
Grant Program; or
(ii) the insular area's per capita share,
as defined by the 2002 census population
estimate, of 38.625 percent of the State
Homeland Security Grant Program.
(3) Secondary distribution.--After the distribution of
funds under paragraph (2), the Secretary shall, from the
remaining funds for the State Homeland Security Grant Program
and 10.8 percent of the amount appropriated for the Threat-
Based Homeland Security Grant Program pursuant to subsection
(j)(1), distribute on the basis of terrorist threat amounts to
each State that--
(A) has a substantial percentage of its population
residing in Metropolitan Statistical Areas, as defined
by the Office of Management and Budget;
(B) has a high degree of threat, risk, and
vulnerability related to critical infrastructure or not
less than 1 key asset identified by the Secretary or
State homeland security plan;
(C) has an international border with Canada or
Mexico, or coastline bordering international waters of
Canada, Mexico, or bordering the Atlantic Ocean, the
Pacific Ocean, or the Gulf of Mexico; or
(D) are subject to other threat factors specified
in writing by the Secretary.
(4) Distribution of funds.--If the amounts tentatively
allocated under paragraphs (1) through (3) equal the sum of the
amounts appropriated pursuant to subsection (j), the Secretary
shall distribute the appropriated amounts based on the
tentative allocation.
(5) Proportional reduction.--If the amount appropriated for
the Large High-Threat State Fund pursuant to subsection (j)(2)
is less than 10.8 percent of the amount appropriated for the
Threat-Based Homeland Security Grant Program pursuant to
subsection (j)(1), the Secretary shall proportionately reduce
the amounts tentatively allocated under paragraphs (1) through
(3) so that the amount distributed is equal to the sum of the
amounts appropriated for such programs.
(6) Funding for local entities and first responders.--The
Secretary shall require recipients of the State Homeland
Security Grant to provide local governments and first
responders, consistent with the applicable State homeland
security plan, with not less than 80 percent of the grant
funds, the resources purchased with such grant funds, or a
combination thereof, not later than 60 days after receiving
grant funding.
(7) Supplement not supplant.--Amounts appropriated for
grants under this subsection shall be used to supplement and
not supplant other State and local public funds obligated for
the purposes provided under this Act.
(8) Law enforcement terrorism prevention program.--
(A) In general.--The Secretary shall designate not
more than 25 percent of the amounts allocated through
the State Homeland Security Grant Program to be used
for the Law Enforcement Terrorism Prevention Program to
provide grants to law enforcement agencies to enhance
capabilities for terrorism prevention.
(B) Use of funds.--Grants awarded under this
paragraph may be used for--
(i) information sharing to preempt
terrorist attacks;
(ii) target hardening to reduce the
vulnerability of selected high value targets;
(iii) threat recognition to recognize the
potential or development of a threat;
(iv) intervention activities to interdict
terrorists before they can execute a threat;
(v) interoperable communication systems;
(vi) overtime expenses related to the State
Homeland Security Strategy approved by the
Secretary; and
(vii) any other terrorism prevention
activity authorized by the Secretary.
(f) Report on Homeland Security Spending.--Each recipient of a
grant under this section shall annually submit a report to the
Secretary that contains--
(A) an accounting of the amount of State and local
funds spent on homeland security activities under the
applicable State homeland security plan; and
(B) information regarding the use of grant funds by
units of local government as required by the Secretary.
(g) Accountability.--
(1) Interim performance measures.--
(A) In general.--Before establishing performance
standards under paragraph (2), the Secretary shall
assist each State in establishing interim performance
measures based upon--
(i) the goals and objectives under
subsection (d)(2); and
(ii) any other factors determined by the
Secretary.
(B) Annual report.--Before establishing performance
measures under paragraph (2), each State with an
approved State plan shall submit to the Secretary a
report detailing the progress the State has made in
meeting the interim performance measures established
under subparagraph (A).
(2) National performance standards.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall set
national performance standards based in part on the
goals and objectives under subsection (d)(2) and any
other factors the Secretary determines relevant.
(B) Compliance.--The Secretary shall ensure that
State plans are in conformance with the standards set
under subparagraph (A).
(C) Annual report.--After the establishment of
performance standards under subparagraph (A), each
State with an approved State homeland security plan
shall submit to the Secretary a report on the progress
the State has made in meeting such standards.
(3) General accounting office access to information.--Each
recipient of a grant under this section and the Department of
Homeland Security shall provide the General Accounting Office
with full access to information regarding the activities
carried out under this section.
(4) Audit.--Grant recipients that expend $500,000 or more
in Federal funds during any fiscal year shall submit to the
Secretary an organization wide financial and compliance audit
report in conformance with the requirements of chapter 75 of
title 31, United States Code.
(h) Remedies for Non-Compliance.--
(1) In general.--If the Secretary finds, after reasonable
notice and an opportunity for a hearing, that a recipient of a
grant under this section has failed to substantially comply
with any provision of this section, the Secretary shall--
(A) terminate any payment of grant funds to be made
to the recipient under this section;
(B) reduce the amount of payment of grant funds to
the recipient by an amount equal to the amount of
grants funds that were not expended by the recipient in
accordance with this section; or
(C) limit the use of grant funds received under
this section to programs, projects, or activities not
affected by the failure to comply.
(2) Duration of penalty.--The Secretary shall apply an
appropriate penalty under paragraph (1) until such time as the
Secretary determines that the grant recipient is in full
compliance with this section.
(3) Direct funding.--If a State fails to substantially
comply with any provision of this section, including failing to
provide local governments with grant funds or resources
purchased with grant funds in a timely fashion, a local
government entitled to receive such grant funds or resources
may petition the Secretary, at such time and in such manner as
determined by the Secretary, to request that grant funds or
resources be provided directly to the local government.
(i) Participation of under secretary for emergency preparedness and
response.--
(1) Participation.--The Under Secretary for Emergency
Preparedness and Response shall participate in the grantmaking
process for the Threat-Based Homeland Security Grant Program
for nonlaw enforcement-related grants in order to ensure that
preparedness grants, where appropriate, are consistent, and are
not in conflict, with the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(2) Reports.--The Under Secretary for Emergency
Preparedness and Response shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives an annual report that describes--
(A) the status of the Threat-Based Homeland
Security Grant Program; and
(B) the impact of that program on programs
authorized under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(j) Reports to Congress.--The Secretary shall submit an annual
report to Congress that provides--
(1) findings relating to the performance standards
established under subsection (g);
(2) the status of preparedness goals and objectives;
(3) an evaluation of how States and local governments are
meeting preparedness goals and objectives;
(4) the total amount of resources provided to the States;
(5) the total amount of resources provided to units of
local government; and
(6) a list of how these resources were expended.
(k) Authorization of Appropriations.--
(1) Threat-based homeland security grant program.--There
are authorized to be appropriated such sums as are necessary to
carry out this section.
(2) Large high-threat state fund.--There are authorized to
be appropriated 10.8 percent of the funds appropriated in any
fiscal year pursuant to paragraph (1), which shall be used to
carry out the Large High-Threat State Fund.
SEC. 1057. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.
(a) Annual General Accounting Office Audit and Report.--
(1) Audit.--The Comptroller General shall conduct an annual
audit of the Threat Based Homeland Security Grant Program
(2) Report.--The Comptroller General shall provide a report
to Congress on the results of the audit conducted under
paragraph (1), which includes--
(A) an analysis of whether the grant recipients
allocated funding consistent with the State homeland
security plan and the guidelines established by the
Department of Homeland Security; and
(B) the amount of funding devoted to overtime and
administrative expenses.
(b) Reviews of Threat-Based Homeland Security Funding.--The
Secretary, through the appropriate agency, shall conduct periodic
reviews of grants made through the Threat Based Homeland Security Grant
Program to ensure that recipients allocate funds consistent with the
guidelines established by the Department of Homeland Security.
(c) Remedies for Non-Compliance.--If the Secretary determines,
after reasonable notice and an opportunity for a hearing, that a
recipient of a Threat Based Homeland Security Grant has failed to
substantially comply with any regulations or guidelines issues by the
Department regarding eligible expenditures, the Secretary shall--
(1) terminate any payment of grant funds scheduled to be
made to the recipient;
(2) reduce the amount of payment of grant finds to the
recipient by an amount equal to the amount of grant funds that
were not expended by the recipient in accordance with such
guidelines; or
(3) limit the use of grant funds received under the Threat
Based Homeland Security Grant Program to programs, projects, or
activities not affected by the failure to comply.
(d) Duration of Penalty.--The Secretary shall apply an appropriate
penalty under subsection (c) until such time as the Secretary
determines that the grant recipient is in full compliance with the
guidelines established by the Department of Homeland Security.
SEC. 1058. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.
(a) Reallocation of Funds.--The Director of the Office for Domestic
Preparedness, Department of Homeland Security, shall allow any State to
request approval to reallocate funds received pursuant to
appropriations for the State Homeland Security Grant Program under
Public Laws 105-277 (112 Stat. 2681 et seq.), 106-113 (113 Stat. 1501A-
3 et seq.), 106-553 (114 Stat. 2762A-3 et seq.), 107-77 (115 Stat. 78
et seq.), or the Consolidated Appropriations Resolution of 2003 (Public
Law 108-7), among the 4 categories of equipment, training, exercises,
and planning.
(b) Approval of Reallocation Requests.--The Director shall approve
reallocation requests under subsection (a) in accordance with the State
plan and any other relevant factors that the Secretary of Homeland
Security determines to be necessary.
(c) Limitation.--A waiver under this section shall not affect the
obligation of a State to pass through 80 percent of the amount
appropriated for equipment to units of local government.
SEC. 1059. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID
WASTE TRANSPORTED INTO THE UNITED STATES.
(a) Defined Term.--In this section, the term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903)).
(b) Reports to Congress.--Not later than 90 days after the date of
enactment of this Act, the Bureau of Customs and Border Protection of
the Department of Homeland Security shall submit a report to Congress
that--
(1) indicates whether the methodologies and technologies
used by the Bureau to screen for and detect the presence of
chemical, nuclear, biological, and radiological weapons in
municipal solid waste are as effective as the methodologies and
technologies used by the Bureau to screen for such materials in
other items of commerce entering into the United States by
commercial motor vehicle transport; and
(2) if the methodologies and technologies used to screen
solid waste are less effective than those used to screen other
commercial items, identifies the actions that the Bureau will
take to achieve the same level of effectiveness in the
screening of solid waste, including the need for additional
screening technologies.
(c) Impact on Commercial Motor Vehicles.--If the Bureau of Customs
and Border Protection fails to fully implement the actions described in
subsection (b)(2) before the earlier of 6 months after the date on
which the report is due under subsection (b) or 6 months after the date
on which such report is submitted, the Secretary of Homeland Security
shall deny entry into the United States of any commercial motor vehicle
(as defined in section 31101(1) of title 49, United States Code)
carrying municipal solid waste until the Secretary certifies to
Congress that the methodologies and technologies used by the Bureau to
screen for and detect the presence of chemical, nuclear, biological,
and radiological weapons in such waste are as effective as the
methodologies and technologies used by the Bureau to screen for such
materials in other items of commerce entering into the United States by
commercial motor vehicle transport.
(d) Effective Date.--Notwithstanding section 341, this section
shall take effect on the date of enactment of this Act.
Subtitle F--Public Safety Spectrum
SEC. 1061. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Spectrum
Availability for Emergency-Response and Law-Enforcement To Improve
Vital Emergency Services Act'' or the ``SAVE LIVES Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 1061. Short title; table of contents.
Sec. 1062. Findings.
Sec. 1063. Setting a specific date for the availability of spectrum for
public safety organizations and creating a
deadline for the transition to digital
television.
Sec. 1063. Studies of communications capabilities and needs.
Sec. 1064. Statutory authority for the Department of Homeland
Security's ``SAFECOM'' program.
Sec. 1065. Grant program to provide enhanced interoperability of
communications for first responders.
Sec. 1066. Digital transition public safety communications grant and
consumer assistance fund.
Sec. 1067. Digital transition program.
Sec. 1068. FCC Authority to require label requirement for analog
television sets.
Sec. 1069. Report on consumer education program requirements.
Sec. 1070. FCC to issue decision in certain proceedings.
Sec. 1071. Definitions.
Sec. 1072. Effective date.
SEC. 1062. FINDINGS.
The Congress finds the following:
(1) In its final report, the 9-11 Commission advocated that
Congress pass legislation providing for the expedited and
increased assignment of radio spectrum for public safety
purposes. The 9-11 Commission stated that this spectrum was
necessary to improve communications between local, State and
Federal public safety organizations and public safety
organizations operating in neighboring jurisdictions that may
respond to an emergency in unison.
(2) Specifically, the 9-11 Commission report stated ``The
inability to communicate was a critical element at the World
Trade Center, Pentagon and Somerset County, Pennsylvania, crash
sites, where multiple agencies and multiple jurisdictions
responded. The occurrence of this problem at three very
different sites is strong evidence that compatible and adequate
communications among public safety organizations at the local,
State, and Federal levels remains an important problem.''.
(3) In the Balanced Budget Act of 1997, the Congress
directed the FCC to allocate spectrum currently being used by
television broadcasters to public safety agencies to use for
emergency communications. This spectrum has specific
characteristics that make it an outstanding choice for
emergency communications because signals sent over these
frequencies are able to penetrate walls and travel great
distances, and can assist multiple jurisdictions in deploying
interoperable communications systems.
(4) This spectrum will not be fully available to public
safety agencies until the completion of the digital television
transition. The need for this spectrum is greater than ever.
The nation cannot risk further loss of life due to public
safety agencies' first responders' inability to communicate
effectively in the event of another terrorist act or other
crisis, such as a hurricane, tornado, flood, or earthquake.
(5) In the Balanced Budget Act of 1997, Congress set a date
of December 31, 2006, for the termination of the digital
television transition. Under current law, however, the deadline
will be extended if fewer than 85 percent of the television
households in a market are able to continue receiving local
television broadcast signals.
(6) Federal Communications Commission Chairman Michael K.
Powell testified at a hearing before the Senate Commerce,
Science, and Transportation Committee on September 8, 2004,
that, absent government action, this extension may allow the
digital television transition to continue for ``decades'' or
``multiples of decades''.
(7) The Nation's public safety and welfare cannot be put
off for ``decades'' or ``multiples of decades''. The Federal
government should ensure that this spectrum is available for
use by public safety organizations by January 1, 2009.
(8) Any plan to end the digital television transition would
be incomplete if it did not ensure that consumers would be able
to continue to enjoy over-the-air broadcast television with
minimal disruption. If broadcasters air only a digital signal,
some consumers may be unable to view digital transmissions
using their analog-only television set. Local broadcasters are
truly an important part of our homeland security and often an
important communications vehicle in the event of a national
emergency. Therefore, consumers who rely on over-the-air
television, particularly those of limited economic means,
should be assisted.
(9) The New America Foundation has testified before
Congress that the cost to assist these 17.4 million exclusively
over-the-air households to continue to view television is less
than $1 billion dollars for equipment, which equates to roughly
3 percent of the Federal revenue likely from the auction of the
analog television spectrum.
(10) Specifically, the New America Foundation has estimated
that the Federal Government's auction of this spectrum could
yield $30-to-$40 billion in revenue to the Treasury. Chairman
Powell stated at the September 8, 2004, hearing that
``estimates of the value of that spectrum run anywhere from $30
billion to $70 billion''.
(11) Additionally, there will be societal benefits with the
return of the analog broadcast spectrum. Former FCC Chairman
Reed F. Hundt, at an April 28, 2004, hearing before the Senate
Commerce, Science, and Transportation Committee, testified that
this spectrum ``should be the fit and proper home of wireless
broadband''. Mr. Hundt continued, ``Quite literally, [with this
spectrum] the more millions of people in rural America will be
able to afford Big Broadband Internet access, the more hundreds
of millions of people in the world will be able to afford
joining the Internet community.''.
(12) Due to the benefits that would flow to the Nation's
citizens from the Federal Government reclaiming this analog
television spectrum--including the safety of our Nation's first
responders and those protected by first responders, additional
revenues to the Federal treasury, millions of new jobs in the
telecommunications sector of the economy, and increased
wireless broadband availability to our Nation's rural
citizens--Congress finds it necessary to set January 1, 2009,
as a firm date for the return of this analog television
spectrum.
SEC. 1063. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF SPECTRUM FOR
PUBLIC SAFETY ORGANIZATIONS AND CREATING A DEADLINE FOR
THE TRANSITION TO DIGITAL TELEVISION.
(a) In General.--Section 309(j)(14) of the Communications Act of
1934 (47 U.S.C. 309(j)(14)) is amended by adding at the end the
following:
``(E) Acceleration of deadline for public safety
use.--
``(i) Notwithstanding subparagraphs (A) and
(B), the Commission shall take all action
necessary to complete by December 31, 2007--
``(I) the return of television
station licenses operating on channels
between 764 and 776 megaHertz and
between 794 and 806 megaHertz; and
``(II) assignment of the
electromagnetic spectrum between 764
and 776 megahertz, and between 794 and
806 megahertz, for public safety
services.
``(ii) Notwithstanding subparagraphs (A)
and (B), the Commission shall have the
authority to modify, reassign, or require the
return of, the television station licenses
assigned to frequencies between 758 and 764
megahertz, 776 and 782 megahertz, and 788 and
794 megahertz as necessary to permit operations
by public safety services on frequencies
between 764 and 776 megahertz and between 794
and 806 megahertz, after the date of enactment
of this section, but such modifications,
reassignments, or returns may not take effect
until after December 31, 2007.''.
(b) The FCC may waive the requirements of sections (i) and (ii) and
such other rules as necessary--
(A) in the absence of a bona fide request from
relevant first responders in the affected designated
market area, and;
(B) to the extent necessary to avoid consumer
disruption but only if all relevant public safety
entities are able to use such frequencies free of
interference by December 31, 2007, or are otherwise
able to resolve interference issues with relevant
broadcast licensee by mutual agreement.''
SEC. 1064. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.
(a) In General.--The Commission, in consultation with the Secretary
of Homeland Security, shall conduct a study to assess strategies that
may be used to meet public safety communications needs, including--
(1) the short-term and long-term need for additional
spectrum allocation for Federal, State, and local first
responders, including an additional allocation of spectrum in
the 700 megaHertz band;
(2) the need for a nationwide interoperable broadband
mobile communications network;
(3) the ability of public safety entities to utilize
wireless broadband applications; and
(4) the communications capabilities of first receivers such
as hospitals and health care workers, and current efforts to
promote communications coordination and training among the
first responders and the first receivers.
(b) Reallocation Study.--The Commission shall conduct a study to
assess the advisability of reallocating any amount of spectrum in the
700 megaHertz band for unlicensed broadband uses. In the study, the
Commission shall consider all other possible users of this spectrum,
including public safety.
(c) Report.--The Commission shall report the results of the
studies, together with any recommendations it may have, to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce within 1 year after
the date of enactment of this Act.
SEC. 1065. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND
SECURITY'S ``SAFECOM'' PROGRAM.
Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is
amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) SAFECOM Authorized.--
``(1) In general.--In carrying out subsection (a), the
Under Secretary shall establish a program to address the
interoperability of communications devices used by Federal,
State, tribal, and local first responders, to be known as the
Wireless Public Safety Interoperability Communications Program,
or `SAFECOM'. The Under Secretary shall coordinate the program
with the Director of the Department of Justice's Office of
Science and Technology and all other Federal programs engaging
in communications interoperability research, development, and
funding activities to ensure that the program takes into
account, and does not duplicate, those programs or activities.
``(2) Components.--The program established under paragraph
(1) shall be designed--
``(A) to provide research on the development of a
communications system architecture that would ensure
the interoperability of communications devices among
Federal, State, tribal, and local officials that would
enhance the potential for a coordinated response to a
national emergency;
``(B) to support the completion and promote the
adoption of mutually compatible voluntary consensus
standards developed by a standards development
organization accredited by the American National
Standards Institute to ensure such interoperability;
and
``(C) to provide for the development of a model
strategic plan that could be used by any State or
region in developing its communications
interoperability plan.
``(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.
``(c) National Baseline Study of Public Safety Communications
Interoperability.--By December 31, 2005, the Under Secretary of
Homeland Security for Science and Technology shall complete a study to
develop a national baseline for communications interoperability and
develop common grant guidance for all Federal grant programs that
provide communications-related resources or assistance to State and
local agencies, any Federal programs conducting demonstration projects,
providing technical assistance, providing outreach services, providing
standards development assistance, or conducting research and
development with the public safety community with respect to wireless
communications. The Under Secretary shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Energy and Commerce containing the
Under Secretary's findings, conclusions, and recommendations from the
study.''.
SEC. 1066. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY OF
COMMUNICATIONS FOR FIRST RESPONDERS.
(a) In General.--The Secretary of Homeland Security shall establish
a program to help State, local, tribal, and regional first responders
acquire and deploy interoperable communications equipment, purchase
such equipment, and train personnel in the use of such equipment. The
Secretary, in cooperation with the heads of other Federal departments
and agencies who administer programs that provide communications-
related assistance programs to State, local, and tribal public safety
organizations, shall develop and implement common standards to the
greatest extent practicable.
(b) Applications.--To be eligible for assistance under the program,
a State, local, tribal, or regional first responder agency shall submit
an application, at such time, in such form, and containing such
information as the Under Secretary of Homeland Security for Science and
Technology may require, including--
(1) a detailed explanation of how assistance received under
the program would be used to improve local communications
interoperability and ensure interoperability with other
appropriate Federal, State, local, tribal, and regional
agencies in a regional or national emergency;
(2) assurance that the equipment and system would--
(A) not be incompatible with the communications
architecture developed under section 302(b)(2)(A) of
the Homeland Security Act of 2002;
(B) would meet any voluntary consensus standards
developed under section 302(b)(2)(B) of that Act; and
(C) be consistent with the common grant guidance
established under section 302(b)(3) of the Homeland
Security Act of 2002.
(c) Grants.--The Under Secretary shall review applications
submitted under subsection (b). The Secretary, pursuant to an
application approved by the Under Secretary, may make the assistance
provided under the program available in the form of a single grant for
a period of not more than 3 years.
SEC. 1067. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS GRANT AND
CONSUMER ASSISTANCE FUND.
(a) In General.--There is established on the books of the Treasury
a separate fund to be known as the ``Digital Transition Consumer
Assistance Fund'', which shall be administered by the Secretary, in
consultation with the Assistant Secretary of Commerce for
Communications and Information.
(b) Crediting of Receipts.--The Fund shall be credited with the
amount specified in section 309(j)(8)(D) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)(D)).
(c) Fund Availability.--
(1) Appropriations.--
(A) Consumer assistance program.--There are
appropriated to the Secretary from the Fund such sums,
not to exceed $1,000,000,000, as are required to carry
out the program established under section 8 of this
Act.
(B) PSO grant program.--To the extent that amounts
available in the Fund exceed the amount required to
carry out that program, there are authorized to be
appropriated to the Secretary of Homeland Security,
such sums as are required to carry out the program
established under section 6 of this Act, not to exceed
an amount, determined by the Director of the Office of
Management and Budget, on the basis of the findings of
the National Baseline Interoperability study conducted
by the SAFECOM Office of the Department of Homeland
Security.
(2) Reversion of unused funds.--Any auction proceeds in the
Fund that are remaining after the date on which the programs
under section 6 and 8 of this Act terminate, as determined by
the Secretary of Homeland Security and the Secretary of
Commerce respectively, shall revert to and be deposited in the
general fund of the Treasury.
(d) Deposit of Auction Proceeds.--Paragraph (8) of section 309(j)
of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) by inserting ``or subparagraph (D)'' in subparagraph
(A) after ``subparagraph (B)''; and
(2) by adding at the end the following new subparagraph:
``(D) Disposition of cash proceeds from auction of
channels 52 through 69.--Cash proceeds attributable to
the auction of any eligible frequencies between 698 and
806 megaHertz on the electromagnetic spectrum conducted
after the date of enactment of the SAVE LIVES Act shall
be deposited in the Digital Transition Consumer
Assistance Fund established under section 7 of that
Act.''.
SEC. 1068. DIGITAL TRANSITION PROGRAM.
(a) In General.--The Secretary, in consultation with the Commission
and the Director of the Office of Management and Budget, shall
establish a program to assist households--
(1) in the purchase or other acquisition of digital-to-
analog converter devices that will enable television sets that
operate only with analog signal processing to continue to
operate when receiving a digital signal;
(2) in the payment of a one-time installation fee (not in
excess of the industry average fee for the date, locale, and
structure involved, as determined by the Secretary) for
installing the equipment required for residential reception of
services provided by a multichannel video programming
distributor (as defined in section 602(13) of the
Communications Act of 1934 (47 U.S.C. 602(13)); or
(3) in the purchase of any other device that will enable
the household to receive over-the-air digital television
broadcast signals, but in an amount not in excess of the
average per-household assistance provided under paragraphs (1)
and (2).
(b) Program Criteria.--The Secretary shall ensure that the program
established under subsection (a)--
(1) becomes publicly available no later than January 1,
2008;
(2) gives first priority to assisting lower income
households (as determined by the Director of the Bureau of the
Census for statistical reporting purposes) who rely exclusively
on over-the-air television broadcasts;
(3) gives second priority to assisting other households who
rely exclusively on over-the-air television broadcasts;
(4) is technologically neutral; and
(5) is conducted at the lowest feasible administrative
cost.
SEC. 1069. FCC AUTHORITY TO REQUIRE LABEL REQUIREMENT FOR ANALOG
TELEVISION SETS.
(a) In General.--Section 303 of the Communications Act of 1934 (47
U.S.C. 303) is amended by adding at the end the following:
``(z) If the Commission acts to set a hard deadline for the return
of analog spectrum pursuant to section 309(j)(14), it shall have the
authority to require that any apparatus described in paragraph (s) sold
or offered for sale in or affecting interstate commerce, that is
incapable of receiving and displaying a digital television broadcast
signal without the use of an external device that translates digital
television broadcast signals into analog television broadcast signals
have affixed to it and, if it is sold or offered for sale in a
container, affixed to that container, a label that states that the
apparatus will be incapable of displaying over-the-air television
broadcast signals received after a date determined by the FCC, without
the purchase of additional equipment.''.
(b) Point of Sale Warning.--If the Commission acts to set a hard
deadline for the return of analog spectrum pursuant to section
309(j)(14), then the Commission, in consultation with the Federal Trade
Commission, shall have the authority to require the display at, or in
close proximity to, any commercial retail sales display of television
sets described in section 303(z) of the Communications Act of 1934 (47
U.S.C. 303(z)) sold or offered for sale in or affecting interstate
commerce after a date determined by the Commission, of a printed notice
that clearly and conspicuously states that the sets will be incapable
of displaying over-the-air television broadcast signals received after
the hard deadline established by the Commission, without the purchase
or lease of additional equipment.
SEC. 1070. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.
Within 1 year after the date of enactment of this Act, the
Assistant Secretary of Commerce for Communications and Information,
after consultation with the Commission, shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Energy and Commerce containing
recommendations with respect to--
(1) an effective program to educate consumers about the
transition to digital television broadcast signals and the
impact of that transition on consumers' choices of equipment to
receive such signals;
(2) the need, if any, for Federal funding for such a
program;
(3) the date of commencement and duration of such a
program; and
(4) what department or agency should have the lead
responsibility for conducting such a program.
SEC. 1071. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.
The Commission shall issue a final decision before--
(1) January 1, 2005, in the Matter of Carriage of Digital
Television Broadcast Signals; Amendments to Part 76 of the
Commission's Rules, CS Docket No. 98-120;
(2) January 1, 2005, in the Matter of Public Interest
Obligations of TV Broadcast Licensees, MM Docket No. 99-360;
and
(3) January 1, 2006, in the Implementation of the Satellite
Home Viewer Improvement Act of 1999; Local Broadcast Signal
Carriage Issues, CS Docket No. 00-96.
SEC. 1072. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Fund.--The term ``Fund'' means the Digital Transition
Consumer Assistance Fund established by section 7.
(3) Secretary.--Except where otherwise expressly provided,
the term ``Secretary'' means the Secretary of Commerce.
SEC. 1073. EFFECTIVE DATE.
This title takes effect on the date of enactment of this Act.
Subtitle G--Presidential Transition
SEC. 1081. 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 341, this section and
the amendments made by this section shall take effect on the date of
enactment of this Act.
TITLE XII--GENERAL PROVISIONS
SEC. 1101. AMENDMENTS TO CLINGER-COHEN PROVISIONS TO ENHANCE AGENCY
PLANNING FOR INFORMATION SECURITY NEEDS.
Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting ``security,'' after
``use,'';
(2) in section 11302(c), by inserting ``, including
information security risks,'' after ``risks'' both places it
appears;
(3) in section 11312(b)(1), by striking ``information
technology investments'' and inserting ``investments in
information technology (including information security
needs)''; and
(4) in section 11315(b)(2), by inserting ``, secure,''
after ``sound''.
SEC. 1102. FINANCIAL DISCLOSURE AND RECORDS.
(a) Study.--Not later than 180 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 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 180 days 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 Federal employment and submit a
report to--
(A) the President;
(B) the Committee on Governmental Affairs of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Government Reform of the House
of Representatives; and
(E) the Committee on the Judiciary of the House of
Representatives.
(2) Content.--The report under this subsection shall--
(A) examine all Federal criminal conflict of
interest laws relating to Federal employment, including
the relevant provisions of chapter 11 of title 18,
United States Code; and
(B) related civil conflict of interest laws,
including regulations promulgated under section 402 of
the Ethics in Government Act of 1978 (5 U.S.C. App.).
SEC. 1103. HOMELAND SECURITY GEOGRAPHIC INFORMATION.
(a) Findings.--Congress finds that--
(1) geographic technologies and geographic data improve
government capabilities to detect, plan, prepare, and respond
to disasters in order to save lives and protect property;
(2) geographic data improves the ability of information
technology applications and systems to enhance public security
in a cost-effective manner; and
(3) geographic information preparedness in the United
States, and specifically in the Department of Homeland
Security, is insufficient because of--
(A) inadequate geographic data compatibility;
(B) insufficient geographic data sharing; and
(C) technology interoperability barriers.
(b) Homeland Security Geographic 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) Geographic Information Functions.--
``(1) Definition.--In this subsection, the term `geographic
information' means the information systems that involve
locational data, such as maps or other geospatial information
resources.
``(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 geographic information needs
of the Department.
``(C) Coordination of geographic information.--The
Chief Information Officer shall establish and carry out
a program to provide for the efficient use of
geographic information, which shall include--
``(i) providing such geographic information
as may be necessary to implement the critical
infrastructure protection programs;
``(ii) providing leadership and
coordination in meeting the geographic
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
geographic 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 geographic
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 geographic 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
geographic data; and
``(II) execute information sharing
agreements regarding geographic 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.''.
SEC. 1104. URBAN AREA COMMUNICATIONS CAPABILITIES.
Section 510 of the Homeland Security Act of 2002, as added by this
Act, is amended by inserting ``, and shall have appropriate and timely
access to the Information Sharing Network described in section 206(c)
of the National Intelligence Reform Act of 2004'' after ``each other in
the event of an emergency''.
SEC. 1105. UNIFIED INCIDENT COMMAND CENTER.
The United States needs to implement the recommendations of the
National Commission on Terrorist Attacks Upon the United States to
adopt a unified incident command system and significantly enhance
communications connectivity between and among civilian authorities,
local first responders, and the National Guard. 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.
SEC. 1106. AVIATION AND TRANSPORTATION SECURITY ACT.
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 through ``after'' and inserting ``more than 48 months after''.
SEC. 1107. LIQUEFIED NATURAL GAS MARINE TERMINALS.
Congress finds that plans developed by the Department of Homeland
Security to protect critical energy infrastructure should include risk
assessments and protective measures for existing and proposed liquefied
natural gas marine terminals.
SEC. 1108. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) Report.--Within 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 a report to the Committee on Commerce,
Science, and Transportation and the Committee on Governmental Affairs
of the Senate and the Committee on Transportation and Infrastructure
and the Select Committee on Homeland Security of the House of
Representatives 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 classified and redacted form if the
Secretary determines that it is appropriate or necessary.
SEC. 1109. COMMUNICATION SYSTEM GRANTS.
(a) In General.--The Secretary of Homeland Security may award
grants, on a competitive basis, to States, local governments, local law
enforcement agencies, and local fire departments to--
(1) improve communication systems to allow for real time,
interoperable communication between State and local first
responders; or
(2) purchase communication systems that allow for real
time, interoperable communication between State and local first
responders.
(b) Application.--Any State, local government, local law
enforcement agency, or local fire department desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary for each of the fiscal years 2005
through 2009 to carry out the provisions of this section.
SEC. 1110. TSA FIELD OFFICE INFORMATION TECHNOLOGY AND
TELECOMMUNICATIONS REPORT.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall transmit a report to the Congress,
which may be transmitted in classified and redacted formats, setting
forth--
(1) a descriptive list of each administrative and airport
site of the Transportation Security Administration, including
its location, staffing, and facilities;
(2) an analysis of the information technology and
telecommunications capabilities, equipment, and support
available at each such site, including--
(A) whether the site has access to broadband
telecommunications;
(B) whether the site has the ability to access
Transportation Security Administration databases
directly;
(C) the means available to the site for
communicating and sharing information and other data on
a real time basis with the Transportation Security
Administration's national, regional, and State offices
as well as with other Transportation Security
Administration sites;
(D) the means available to the site for
communicating with other Federal, State, and local
government sites with transportation security related
responsibilities; and
(E) whether and to what extent computers in the
site are linked through a local area network or
otherwise, and whether the information technology
resources available to the site are adequate to enable
it to carry out its functions and purposes; and
(3) an assessment of current and future needs of the
Transportation Security Administration to provide adequate
information technology and telecommunications facilities,
equipment, and support to its sites, and an estimate of the
costs of meeting those needs.
SEC. 1111. INTELLIGENCE COMMUNITY USE OF NISAC CAPABILITIES.
The National Intelligence Director shall establish a formal
relationship, including information sharing, between the intelligence
community and the National Infrastructure Simulation and Analysis
Center. Through this relationship, the intelligence community shall
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.
SEC. 1112. NATIONWIDE INTEROPERABLE COMMUNICATIONS NETWORK.
(a) In General.--Within one year of enactment, the Secretary of
Homeland Security, in coordination with the Federal Communications
Commission and the National Telecommunications and Information
Administration, shall complete a study assessing potential technical
and operational standards and protocols for a nationwide interoperable
communications network (referred to in this section as the ``Network'')
that may be used by Federal, State, and local governmental and non-
governmental public safety, homeland security, and other first
responder personnel. The assessment shall be consistent with the
SAFECOM national strategy as developed by the public safety community
in cooperation with SAFECOM and the DHS Interoperability Office. The
Secretary shall report the results of the study to the Senate Committee
on Commerce, Science, and Transportation, the Senate Committee on
Governmental Affairs, the House of Representatives Committee on Energy
and Commerce, and the House of Representatives Select Committee on
Homeland Security.
(b) Consultation and Use of Commercial Technologies.--In assessing
standards and protocols pursuant to paragraph (a), the Secretary of
Homeland Security shall--
(1) seek input from representatives of the user communities
regarding the operation and administration of the Network; and
(2) consider use of commercial wireless technologies to the
greatest extent practicable.
SEC. 1113. COMMUNICATIONS INTEROPERABILITY.
(a) Definition.--As used in this section, the term ``equipment
interoperability'' means the devices that support the ability of public
safety service and support providers to talk with each other via voice
and data on demand, in real time, when needed, and when authorized.
(b) National Guidelines for Equipment Interoperability.--Not later
than one year after the date of enactment of this Act, the Secretary of
Homeland Security, after consultation with the Federal Communications
Commission and the National Telecommunications and Information
Administration, and other appropriate representatives of Federal,
State, and local government and first responders, shall adopt, by
regulation, national goals and guidelines for equipment
interoperability and related issues that--
(1) set short-term, mid-term, and long-term means and
minimum equipment performance guidelines for Federal agencies,
States, and local governments;
(2) recognize--
(A) the value, life cycle, and technical
capabilities of existing communications infrastructure;
(B) the need for cross-border interoperability
between States and nations;
(C) the unique needs of small, rural communities;
and
(D) the interoperability needs for daily operations
and catastrophic events.
(c) National Equipment Interoperability Implementation Plan.--
(1) Development.--Not later than 180 days of the completion
of the development of goals and guidelines under subsection
(b), the Secretary of Homeland Security shall develop an
implementation plan that--
(A) outlines the responsibilities of the Department
of Homeland Security; and
(B) focuses on providing technical and financial
assistance to States and local governments for
interoperability planning and implementation.
(2) Execution.--The Secretary shall execute the plan
developed under this subsection as soon as practicable.
(3) Reports.--
(A) Initial report.--Upon the completion of the
plan under subsection (c), the Secretary shall submit a
report that describes such plan to--
(i) the Committee on Governmental Affairs
of the Senate;
(ii) the Committee on Environment and
Public Works of the Senate;
(iii) the Committee on Commerce, Science,
and Transportation of the Senate;
(iv) the Select Committee on Homeland
Security of the House of Representatives; and
(v) the Committee on Energy and Commerce of
the House of Representatives.
(B) Annual report.--Not later than 1 year after the
submission of the report under subparagraph (A), and
annually thereafter, the Secretary shall submit a
report to the committees referred to in subparagraph
(A) that describes the progress made in implementing
the plan developed under this subsection.
(d) International Interoperability.--Not later than 1 year 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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for each of the fiscal years 2005 through 2009--
(1) such sums as may be necessary to carry out subsection
(b);
(2) such sums as may be necessary to carry out subsection
(c); and
(3) such sums as may be necessary to carry out subsection
(d).
SEC. 1114. DEADLINE FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND
ASSESSMENTS.
(a) Strategic Plan Reports.--Within 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit to the Congress--
(1) a report on the status of the National Maritime
Transportation Security Plan required by section 70103(a) of
title 46, United States Code, which may be submitted in
classified and redacted format;
(2) 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;
(3) a report on the status of negotiations under section
103 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70111 note);
(4) the report required by section 107(b) of the Maritime
Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
(5) a report on the status of the development of the system
and program mandated by section 111 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(b) Other Reports.--Within 90 days after the date of enactment of
this Act--
(1) the Secretary of Homeland Security shall transmit to
the Congress--
(A) a report on the establishment of the National
Maritime Security Advisory Committee appointed under
section 70112 of title 46, United States Code; and
(B) a report on the status of the program
established under section 70116 of title 46, United
States Code, to evaluate and certify secure systems of
international intermodal transportation;
(2) the Secretary of Transportation shall transmit to the
Congress 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
transmit to Congress the report required by section 110(b) of
the Maritime Transportation Security Act of 2002 (46 U.S.C.
70101 note).
(d) Effective Date.--Notwithstanding any other provision of this
Act, this section takes effect on the date of enactment of this Act.
SEC. 1115. TERRORISM FINANCING.
(a) Report on Terrorist Financing.--
(1) In general.--Not later than 180 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 and 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 paragraphs (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 fine.--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. 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. Any
administrative proceeding under this clause
shall be conducted in accordance with section
8(i).
``(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.--
``(A) Agency authority.--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 paragraphs (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 fine.--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. 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. Any
administrative proceeding under this clause
shall be conducted in accordance with
subsection (k).
``(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 section 341, 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.
(e) Repeal of Duplicative Provision.--Section __16(c) of this Act,
entitled ``Report on Terrorist Financing'' is repealed, and shall have
no force or effect, effective on the date of enactment of this Act.
SEC. 1116. PRIVATE SECURITY OFFICER EMPLOYMENT AUTHORIZATION ACT OF
2004.
(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, among
other things, helping to protect critical infrastructure,
including hospitals, manufacturing facilities, defense and
aerospace contractors, nuclear power plants, chemical
companies, oil and gas refineries, airports, communication
facilities and operations, and others;
(3) the 9-11 Commission Report says that ``Private sector
preparedness is not a luxury; it is a cost of doing business in
the post-9/11 world. It is ignored at a tremendous potential
cost in lives, money, and national security'' and endorsed
adoption of the American National Standards Institute's
standard for private preparedness;
(4) part of improving private sector preparedness is
mitigating the risks of terrorist attack on critical
infrastructure by ensuring that private security officers who
protect those facilities are properly screened to determine
their suitability;
(5) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers; and
(6) 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 section 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 section.
(B) Employee rights.--
(i) Permission.--An authorized employer
shall obtain written consent from an employee
to submit to the State identification bureau of
a participating State the request to search the
criminal history record information of the
employee under this section.
(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 section.
(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 section, 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 section 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 section, including--
(A) measures relating to the security,
confidentiality, accuracy, use, submission,
dissemination, destruction of information and audits,
and recordkeeping;
(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 section 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 section; 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 section 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 section.
(5) State opt out.--A State may decline to participate in
the background check system authorized by this section 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 paragraph.
SEC. 1117. BIOMETRIC STANDARD FOR VISA APPLICATIONS.
(a) Short Title.--This section may be cited as the ``Biometric Visa
Standard Distant Borders Act''.
(b) Technology Standard for Visa Waiver Participants.--Section
303(c) of the Enhanced Border Security and Visa Entry Reform Act of
2002 (8 U.S.C. 1732(c)) is amended to read as follows:
``(c) Technology Standard for Visa Waiver Participants.--
``(1) In general.--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.
``(2) Savings clause.--This subsection shall not be
construed to rescind the requirement of section 217(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)).''.
SEC. 1118. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN THE
OFFICE OF FOREIGN ASSETS CONTROL.
(a) Requirement for Annual Report.--Not later than 180 days after
the date of enactment of this Act, and annually thereafter, the
Secretary of the Treasury shall submit to Congress a report on the
allocation of resources within the Office of Foreign Assets Control.
(b) Content of Annual Report.--An annual report required by
subsection (a) shall include--
(1) a description of--
(A) the allocation of resources within the Office
of Foreign Assets Control to enforce the economic and
trade sanctions of the United States against terrorist
organizations and targeted foreign countries during the
fiscal year prior to the fiscal year in which such
report is submitted; and
(B) the criteria on which such allocation is based;
(2) a description of any proposed modifications to such
allocation; and
(3) an explanation for any such allocation that is not
based on prioritization of threats determined using appropriate
criteria, including the likelihood that--
(A) a terrorist organization or targeted foreign
country--
(i) will sponsor or plan a direct attack
against the United States or the interests of
the United States; or
(ii) is participating in or maintaining a
nuclear, biological, or chemical weapons
development program; or
(B) a targeted foreign country--
(i) is financing, or allowing the
financing, of a terrorist organization within
such country; or
(ii) is providing safe haven to a terrorist
organization within such country.
(c) Effective Date.--Notwithstanding section 341 or any other
provision of this Act, this section shall take effect on the date of
the enactment of this Act.
SEC. 1119. CONGRESSIONAL OVERSIGHT OF FBI USE OF TRANSLATORS.
Not later than 30 days after the date of enactment of this Act, and
annually thereafter, the Attorney General of the United States shall
submit a report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives, 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.
SEC. 1120. TERRORIST WATCH LISTS.
(a) Criteria for Watch List.--The National Intelligence Director of
the United States, in consultation with the Secretary of Homeland
Security, the Secretary of State, and the Attorney General, shall
report to Congress on the criteria for placing individuals on the
Terrorist Screening Center consolidated screening watch list, including
minimum standards for reliability and accuracy of identifying
information, the degree of information certainty and the range of
threat levels that the individual poses, and the range of applicable
consequences that apply to the person if located. To the greatest
extent consistent with the protection of law enforcement sensitive
information, classified information, and applicable law, the report
shall be in unclassified form and available to the public, with a
classified annex where necessary.
(b) Safeguards Against Erroneous Listings.--The Secretary of
Homeland Security shall establish a process for individuals to
challenge ``Automatic Selectee'' or ``No Fly'' designations on the
applicable lists as maintained by the Transportation Security
Administration and have their names removed from such lists, if
erroneously present.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Department of Homeland Security Privacy Officer shall
submit a report assessing the impact of the ``No Fly'' and ``Automatic
Selectee'' lists on privacy and civil liberties to the Committee on the
Judiciary, the Committee on 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. The report shall include any
recommendations for practices, procedures, regulations, or legislation
to eliminate or minimize adverse effects of such lists on privacy,
discrimination, due process and other civil liberties, as well as the
implications of applying those lists to other modes of transportation.
In its analysis, the report shall also consider the effect these
recommendations would have on the ability of such lists to protect the
United States against terrorist attacks. To the greatest extent
consistent with the protection of law enforcement sensitive
information, classified information, and applicable law, the report
shall be in unclassified form and available to the public, with a
classified annex where necessary.
(d) Effective Date.--Notwithstanding section 341 or any other
provision of this Act, this section shall become effective on the date
of enactment of this Act.
SEC. 1121. 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, in coordination with the Executive Director of the Office of
State and Local Government Coordination and Preparedness and the
Undersecretary for Science and Technology, 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 threat 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 Defense shall provide
assistance to the Secretary of Homeland Security, 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. 1122. 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 Southwestern 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. 1123. ENTERPRISE ARCHITECTURE.
(a) Definition of Enterprise Architecture.--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 report to the House and Senate Judiciary
Committees, on an annual basis, 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) Federal Bureau of Investigation's Enterprise Architecture,
Agency Plans and Reports.--This section shall be carried out in
compliance with the requirements set forth in section 206(f) and (l).
SEC. 1124. REPORT ON USE OF DATABASES.
(a) Definitions.--In this section:
(1) Data-mining.--The term ``data-mining'' means a query or
search or other analysis of 1 or more electronic databases,
where--
(A) at least 1 of the databases was obtained from
or remains under the control of a non-Federal entity,
or the information was acquired initially by another
department or agency of the Federal Government;
(B) the search does not use a specific individual's
personal identifiers to acquire information concerning
that individual; and
(C) a department or agency of the Federal
Government or a non-Federal entity acting on behalf of
the Federal Government is conducting the query or
search or other analysis to find a pattern indicating
terrorist, criminal, or other law enforcement related
activity.
(2) Database.--The term ``database'' does not include
telephone directories, information publicly available via the
Internet or available by any other means to any member of the
public without payment of a fee, or databases of judicial and
administrative opinions.
(b) Reports on Data-Mining Activities.--
(1) Requirement for report.--Beginning 1 year after the
effective date of this section, the National Intelligence
Director shall submit a report, public to the extent possible
with a classified annex, to Congress on all activities of the
intelligence community to use or develop data-mining
technology.
(2) Content of report.--A report submitted under paragraph
(1) shall include, for each activity to use or develop data-
mining technology that is required to be covered by the report,
the following information:
(A) A thorough description of the data-mining
technology, the plans for the use of such technology,
the data that will be used, and the target dates for
the deployment of the data-mining technology.
(B) An assessment of the likely impact of the
implementation of the data-mining technology on privacy
and civil liberties.
(C) A thorough discussion of the policies,
procedures, and guidelines that are to be developed and
applied in the use of such technology for data-mining
in order to--
(i) protect the privacy and due process
rights of individuals; and
(ii) ensure that only accurate information
is collected and used.
(D) Any necessary classified information in an
annex that shall be available to the Committee on
Governmental Affairs, the Committee on the Judiciary,
and the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence and
Committee on the Judiciary of the House of
Representatives.
(3) Time for report.--The report required under paragraph
(1) shall be submitted not later than September 30th of each
year.
(4) Expiration.--The requirements of this subsection shall
expire 4 years after the date of enactment of this Act.
Passed the Senate October 6, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2845
_______________________________________________________________________
AN ACT
To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and
for other purposes.
_______________________________________________________________________
October 6, 2004
Ordered to be printed as passed