INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
INTEL REFORM & TERRORISM PREV. ACT OF 2004
Public Law 108–458, as amended
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
458
118–159
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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Intelligence Reform and Terrorism Prevention Act of 2004
National Security Intelligence Reform Act of 2004
International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004
Private Security Officer Employment Authorization Act of 2004
Material Support to Terrorism Prohibition Enhancement Act of 2004
Stop Terrorist and Military Hoaxes Act of 2004
Weapons of Mass Destruction Prohibition Improvement Act of 2004
Prevention of Terrorist Access to Destructive Weapons Act of 2004
Pretrial Detention of Terrorists Act of 2004
9/11 Commission Implementation Act of 2004
Afghanistan Freedom Support Act Amendments of 2004
Emergency Securities Response Act of 2004
Homeland Security Civil Rights and Civil Liberties Protection Act of 2004
Intelligence Authorization Act for Fiscal Year 2014
8188
108
2004-12-17
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
[(
Public Law 108–458
;
December 17, 2004
)]
[As Amended Through P.L. 118–159, Enacted December 23, 2024]
[Currency: This publication is a compilation of the text of Public Law 108–458. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

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)
[50 U.S.C. 3001 note]

Short Title.—
This Act may be cited as the “Intelligence Reform and Terrorism Prevention Act of 2004”.
(b)

Table of Contents.—
The table of contents for this Act is as follows:
TITLE I—
REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001.
Short title.
Subtitle A—
Establishment of Director of National Intelligence
Sec. 1011.
Reorganization and improvement of management of intelligence community.
Sec. 1012.
Revised definition of national intelligence.
Sec. 1013.
Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.
Sec. 1014.
Role of Director of National Intelligence in appointment of certain officials responsible for intelligence-related activities.
Sec. 1015.
Executive Schedule matters.
Sec. 1016.
Information sharing.
Sec. 1017.
Alternative analysis of intelligence by the intelligence community.
Sec. 1018.
Presidential guidelines on implementation and preservation of authorities.
Sec. 1019.
Assignment of responsibilities relating to analytic integrity.
Sec. 1020.
Safeguard of objectivity in intelligence analysis.
Subtitle B—
National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers
Sec. 1021.
National Counterterrorism Center.
Sec. 1022.
National Counter Proliferation Center.
Sec. 1023.
National intelligence centers.
Subtitle C—
Joint Intelligence Community Council
Sec. 1031.
Joint Intelligence Community Council.
Subtitle D—
Improvement of Education for the Intelligence Community
Sec. 1041.
Additional education and training requirements.
Sec. 1042.
Cross-disciplinary education and training.
Sec. 1043.
Intelligence Community Scholarship Program.
Subtitle E—
Additional Improvements of Intelligence Activities
Sec. 1051.
Service and national laboratories and the intelligence community.
Sec. 1052.
Open-source intelligence.
Sec. 1053.
National Intelligence Reserve Corps.
Subtitle F—
Privacy and Civil Liberties
Sec. 1061.
Privacy and Civil Liberties Oversight Board.
Sec. 1062.
Privacy and civil liberties officers.
Subtitle G—
Conforming and Other Amendments
Sec. 1071.
Conforming amendments relating to roles of Director of National Intelligence and Director of the Central Intelligence Agency.
Sec. 1072.
Other conforming amendments.
Sec. 1073.
Elements of intelligence community under National Security Act of 1947.
Sec. 1074.
Redesignation of National Foreign Intelligence Program as National Intelligence Program.
Sec. 1075.
Repeal of superseded authority.
Sec. 1076.
Clerical amendments to National Security Act of 1947.
Sec. 1077.
Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.
Sec. 1078.
Authority to establish inspector general for the Office of the Director of National Intelligence.
Sec. 1079.
Ethics matters.
Sec. 1080.
Construction of authority of Director of National Intelligence to acquire and manage property and services.
Sec. 1081.
General references.
Subtitle H—
Transfer, Termination, Transition, and Other Provisions
Sec. 1091.
Transfer of Community Management Staff.
Sec. 1092.
Transfer of Terrorist Threat Integration Center.
Sec. 1093.
Termination of positions of Assistant Directors of Central Intelligence.
Sec. 1094.
Implementation plan.
Sec. 1095.
Director of National Intelligence report on implementation of intelligence community reform.
Sec. 1096.
Transitional authorities.
Sec. 1097.
Effective dates.
Subtitle I—
Other Matters
Sec. 1101.
Study of promotion and professional military education school selection rates for military intelligence officers.
Sec. 1102.
Extension and improvement of authorities of Public Interest Declassification Board.
Sec. 1103.
Severability.
TITLE II—
FEDERAL BUREAU OF INVESTIGATION
Sec. 2001.
Improvement of intelligence capabilities of the Federal Bureau of Investigation.
Sec. 2002.
Directorate of Intelligence of the Federal Bureau of Investigation.
Sec. 2003.
Federal Bureau of Investigation intelligence career service.
Sec. 2004.
Federal Bureau of Investigation Reserve Service.
Sec. 2005.
Federal Bureau of Investigation mandatory separation age.
Sec. 2006.
Federal Bureau of Investigation use of translators.
TITLE III—
SECURITY CLEARANCES
Sec. 3001.
Security clearances.
TITLE IV—
TRANSPORTATION SECURITY
Subtitle A—
National Strategy for Transportation Security
Sec. 4001.
National Strategy for Transportation Security.
Subtitle B—
Aviation Security
Sec. 4011.
Provision for the use of biometric or other technology.
Sec. 4012.
Advanced airline passenger prescreening.
Sec. 4013.
Deployment and use of detection equipment at airport screening checkpoints.
Sec. 4014.
Advanced airport checkpoint screening devices.
Sec. 4015.
Improvement of screener job performance.
Sec. 4016.
Federal air marshals.
Sec. 4017.
International agreements to allow maximum deployment of Federal air marshals.
Sec. 4018.
Foreign air marshal training.
Sec. 4019.
In-line checked baggage screening.
Sec. 4020.
Checked baggage screening area monitoring.
Sec. 4021.
Wireless communication.1
^1
Section 4022 and the item relating to such section in the table of contents are repealed by section 218(j)(1) of Public Law 118–63.
Sec. 4023.
Aviation security staffing.
Sec. 4024.
Improved explosive detection systems.
Sec. 4025.
Prohibited items list.
Sec. 4026.
Man-Portable Air Defense Systems (MANPADs).
Sec. 4027.
Technical corrections.
Sec. 4028.
Report on secondary flight deck barriers.
Sec. 4029.
Extension of authorization of aviation security funding.
Subtitle C—
Air Cargo Security
Sec. 4051.
Pilot program to evaluate use of blast resistant cargo and baggage containers.
Sec. 4052.
Air cargo security.
Sec. 4053.
Air cargo security regulations.
Sec. 4054.
Report on international air cargo threats.
Subtitle D—
Maritime Security
Sec. 4071.
Watch lists for passengers aboard vessels.
Sec. 4072.
Deadlines for completion of certain plans, reports, and assessments.
Subtitle E—
General Provisions
Sec. 4081.
Definitions.
Sec. 4082.
Effective date.
TITLE V—
BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A—
Advanced Technology Northern Border Security Pilot Program
Sec. 5101.
Establishment.
Sec. 5102.
Program requirements.
Sec. 5103.
Administrative provisions.
Sec. 5104.
Report.
Sec. 5105.
Authorization of appropriations.
Subtitle B—
Border and Immigration Enforcement
Sec. 5201.
Border surveillance.
Sec. 5202.
Increase in full-time Border Patrol agents.
Sec. 5203.
Increase in full-time immigration and customs enforcement investigators.
Sec. 5204.
Increase in detention bed space.
Subtitle C—
Visa Requirements
Sec. 5301.
In person interviews of visa applicants.
Sec. 5302.
Visa application requirements.
Sec. 5303.
Effective date.
Sec. 5304.
Revocation of visas and other travel documentation.
Subtitle D—
Immigration Reform
Sec. 5401.
Bringing in and harboring certain aliens.
Sec. 5402.
Deportation of aliens who have received military-type training from terrorist organizations.
Sec. 5403.
Study and report on terrorists in the asylum system.
Subtitle E—
Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
Sec. 5501.
Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad.
Sec. 5502.
Inadmissibility and deportability of foreign government officials who have committed particularly severe violations of religious freedom.
Sec. 5503.
Waiver of inadmissibility.
Sec. 5504.
Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severe violations of religious freedom.
Sec. 5505.
Establishment of the Office of Special Investigations.
Sec. 5506.
Report on implementation.
TITLE VI—
TERRORISM PREVENTION
Subtitle A—
Individual Terrorists as Agents of Foreign Powers
Sec. 6001.
Individual terrorists as agents of foreign powers.
Sec. 6002.
Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.
Subtitle B—
Money Laundering and Terrorist Financing
Sec. 6101.
Additional authorization for finCEN.
Sec. 6102.
Money laundering and financial crimes strategy reauthorization.
Subtitle C—
Money Laundering Abatement and Financial Antiterrorism Technical Corrections
Sec. 6201.
Short title.
Sec. 6202.
Technical corrections to Public Law 107–56.
Sec. 6203.
Technical corrections to other provisions of law.
Sec. 6204.
Repeal of review.
Sec. 6205.
Effective date.
Subtitle D—
Additional Enforcement Tools
Sec. 6301.
Bureau of Engraving and Printing security printing.
Sec. 6302.
Reporting of certain cross-border transmittal of funds.
Sec. 6303.
Terrorism financing.
Subtitle E—
Criminal History Background Checks
Sec. 6401.
Protect Act.
Sec. 6402.
Reviews of criminal records of applicants for private security officer employment.
Sec. 6403.
Criminal history background checks.
Subtitle F—
Grand Jury Information Sharing
Sec. 6501.
Grand jury information sharing.
Subtitle G—
Providing Material Support to Terrorism
Sec. 6601.
Short title.
Sec. 6602.
Receiving military-type training from a foreign terrorist organization.
Sec. 6603.
Additions to offense of providing material support to terrorism.
Sec. 6604.
Financing of terrorism.
Subtitle H—
Stop Terrorist and Military Hoaxes Act of 2004
Sec. 6701.
Short title.
Sec. 6702.
Hoaxes and recovery costs.
Sec. 6703.
Obstruction of justice and false statements in terrorism cases.
Sec. 6704.
Clarification of definition.
Subtitle I—
Weapons of Mass Destruction Prohibition Improvement Act of 2004
Sec. 6801.
Short title.
Sec. 6802.
Weapons of mass destruction.
Sec. 6803.
Participation in nuclear and weapons of mass destruction threats to the United States.
Subtitle J—
Prevention of Terrorist Access to Destructive Weapons Act of 2004
Sec. 6901.
Short title.
Sec. 6902.
Findings and purpose.
Sec. 6903.
Missile systems designed to destroy aircraft.
Sec. 6904.
Atomic weapons.
Sec. 6905.
Radiological dispersal devices.
Sec. 6906.
Variola virus.
Sec. 6907.
Interception of communications.
Sec. 6908.
Amendments to section 2332b(g)(5)(b) of title 18, United States Code.
Sec. 6909.
Amendments to section 1956(c)(7)(d) of title 18, United States Code.
Sec. 6910.
Export licensing process.
Sec. 6911.
Clerical amendments.
Subtitle K—
Pretrial Detention of Terrorists
Sec. 6951.
Short title.
Sec. 6952.
Presumption for pretrial detention in cases involving terrorism.
TITLE VII—
IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 7001.
Short title.
Subtitle A—
Diplomacy, Foreign Aid, and the Military in the War on Terrorism
Sec. 7101.
Findings.
Sec. 7102.
Terrorist sanctuaries.
Sec. 7103.
United States commitment to the future of Pakistan.
Sec. 7104.
Assistance for Afghanistan.
Sec. 7105.
The relationship between the United States and Saudi Arabia.
Sec. 7106.
Efforts to combat Islamist terrorism.
Sec. 7107.
United States policy toward dictatorships.
Sec. 7108.
Promotion of free media and other American values.
Sec. 7109.
Public diplomacy responsibilities of the Department of State.
Sec. 7110.
Public diplomacy training.
Sec. 7111.
Promoting democracy and human rights at international organizations.
Sec. 7112.
Expansion of United States scholarship and exchange programs in the Islamic world.
7113.
Program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.
Sec. 7114.
International Youth Opportunity Fund.2
^2
So in law. The item relating to section 7114 in the table of sections in section 1(b) does not conform with the section heading. See amendment made to such section by section 2012 of Public Law 110–53 (121 Stat. 509).
Sec. 7115.
The use of economic policies to combat terrorism.
Sec. 7116.
Middle East partnership initiative.
Sec. 7117.
Comprehensive coalition strategy for fighting terrorism.
Sec. 7118.
Financing of terrorism.
Sec. 7119.
Designation of foreign terrorist organizations.
Sec. 7120.
Report to Congress.
Sec. 7121.
Case-Zablocki Act requirements.
Sec. 7122.
Effective date.
Subtitle B—
Terrorist Travel and Effective Screening
Sec. 7201.
Counterterrorist travel intelligence.
Sec. 7202.
Establishment of human smuggling and trafficking center.
Sec. 7203.
Responsibilities and functions of consular officers.
Sec. 7204.
International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.
Sec. 7205.
International standards for transliteration of names into the Roman alphabet for international travel documents and name-based watchlist systems.
Sec. 7206.
Immigration security initiative.
Sec. 7207.
Certification regarding technology for visa waiver participants.
Sec. 7208.
Biometric entry and exit data system.
Sec. 7209.
Travel documents.
Sec. 7210.
Exchange of terrorist information and increased preinspection at foreign airports.
Sec. 7211.
Minimum standards for birth certificates.
Sec. 7212.
Driver's licenses and personal identification cards.
Sec. 7213.
Social security cards and numbers.
Sec. 7214.
Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.
Sec. 7215.
Terrorist travel program.
Sec. 7216.
Increase in penalties for fraud and related activity.
Sec. 7217.
Study on allegedly lost or stolen passports.
Sec. 7218.
Establishment of visa and passport security program in the Department of State.
Sec. 7219.
Effective date.
Sec. 7220.
Identification standards.
Subtitle C—
National Preparedness
Sec. 7301.
The incident command system.
Sec. 7302.
National capital region mutual aid.
Sec. 7303.
Enhancement of public safety communications interoperability.
Sec. 7304.
Regional model strategic plan pilot projects.
Sec. 7305.
Private sector preparedness.
Sec. 7306.
Critical infrastructure and readiness assessments.
Sec. 7307.
Northern command and defense of the United States homeland.
Sec. 7308.
Effective date.
Subtitle D—
Homeland Security
Sec. 7401.
Sense of Congress on first responder funding.
Sec. 7402.
Coordination of industry efforts.
Sec. 7403.
Study regarding nationwide emergency notification system.
Sec. 7404.
Pilot study to move warning systems into the modern digital age.
Sec. 7405.
Required coordination.
Sec. 7406.
Emergency preparedness compacts.
Sec. 7407.
Responsibilities of counternarcotics office.
Sec. 7408.
Use of counternarcotics enforcement activities in certain employee performance appraisals.
Subtitle E—
Public Safety Spectrum
Sec. 7501.
Digital television conversion deadline.
Sec. 7502.
Studies on telecommunications capabilities and requirements.
Subtitle F—
Presidential Transition
Sec. 7601.
Presidential transition.
Subtitle G—
Improving International Standards and Cooperation to Fight Terrorist Financing
Sec. 7701.
Improving international standards and cooperation to fight terrorist financing.
Sec. 7702.
Definitions.
Sec. 7703.
Expanded reporting and testimony requirements for the Secretary of the Treasury.
Sec. 7704.
Coordination of United States Government efforts.
Subtitle H—
Emergency Financial Preparedness
Sec. 7801.
Delegation authority of the Secretary of the Treasury.
Sec. 7802.
Treasury support for financial services industry preparedness and response and consumer education.
Sec. 7803.
Emergency Securities Response Act of 2004.
Sec. 7804.
Private sector preparedness.
TITLE VIII—
OTHER MATTERS
Subtitle A—
Intelligence Matters
Sec. 8101.
Intelligence community use of National Infrastructure Simulation and Analysis Center.
Subtitle B—
Department of Homeland Security Matters
Sec. 8201.
Homeland security geospatial information.
Subtitle C—
Homeland Security Civil Rights and Civil Liberties Protection
Sec. 8301.
Short title.
Sec. 8302.
Mission of Department of Homeland Security.
Sec. 8303.
Officer for Civil Rights and Civil Liberties.
Sec. 8304.
Protection of civil rights and civil liberties by Office of Inspector General.
Sec. 8305.
Privacy officer.
Sec. 8306.
Protections for human research subjects of the Department of Homeland Security.
Subtitle D—
Other Matters
Sec. 8401.
Amendments to Clinger-Cohen Act provisions to enhance agency planning for information security needs.
Sec. 8402.
Enterprise architecture.
Sec. 8403.
Financial disclosure and records.
Sec. 8404.
Extension of requirement for air carriers to honor tickets for suspended air passenger service.
TITLE I—

REFORM OF THE INTELLIGENCE COMMUNITY
SEC. 1001.
[50 U.S.C. 3001 note]

SHORT TITLE.
This title may be cited as the “National Security Intelligence Reform Act of 2004”.
SEC. 1011.

REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
(a)* * *
(b)
[50 U.S.C. 3506a note]

Sense of Congress.—
It is the sense of Congress that—
(1)
the human intelligence officers of the intelligence community have performed admirably and honorably in the face of great personal dangers;
(2)
during an extended period of unprecedented investment and improvements in technical collection means, the human intelligence capabilities of the United States have not received the necessary and commensurate priorities;
(3)
human intelligence is becoming an increasingly important capability to provide information on the asymmetric threats to the national security of the United States;
(4)
the continued development and improvement of a robust and empowered and flexible human intelligence work force is critical to identifying, understanding, and countering the plans and intentions of the adversaries of the United States; and
(5)
an increased emphasis on, and resources applied to, enhancing the depth and breadth of human intelligence capabilities of the United States intelligence community must be among the top priorities of the Director of National Intelligence.
(c)
[50 U.S.C. 3506a]

Transformation of Central Intelligence Agency.—
The Director of the Central Intelligence Agency shall, in accordance with standards developed by the Director in consultation with the Director of National Intelligence—
(1)
enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;
(2)
develop and maintain an effective language program within the Agency;
(3)
emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency;
(4)
establish and maintain effective relationships between human intelligence and signals intelligence within the Agency at the operational level; and
(5)
achieve a more effective balance within the Agency with respect to unilateral operations and liaison operations.
(d)

Report.—
(1)
Not later than 180 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the Director of National Intelligence and the congressional intelligence committees a report setting forth the following:
(A)
A strategy for improving the conduct of analysis (including strategic analysis) by the Central Intelligence Agency, and the progress of the Agency in implementing that strategy.
(B)
A strategy for improving the human intelligence and other capabilities of the Agency, and the progress of the Agency in implementing that strategy.
(2)
(A)
The information in the report under paragraph (1) on the strategy referred to in paragraph (1)(B) shall—
(i)
identify the number and types of personnel required to implement that strategy;
(ii)
include a plan for the recruitment, training, equipping, and deployment of such personnel; and
(iii)
set forth an estimate of the costs of such activities.
(B)
If as of the date of the report under paragraph (1), a proper balance does not exist between unilateral operations and liaison operations, such report shall set forth the steps to be taken to achieve such balance.
* * * * * * *
SEC. 1013.
[50 U.S.C. 3024 note]

JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
(a)

Development of Procedures.—
The Director of National Intelligence, in consultation with the Secretary of Defense and the Director of the Central Intelligence Agency, shall develop joint procedures to be used by the Department of Defense and the Central Intelligence Agency to improve the coordination and deconfliction of operations that involve elements of both the Armed Forces and the Central Intelligence Agency consistent with national security and the protection of human intelligence sources and methods. Those procedures shall, at a minimum, provide the following:
(1)
Methods by which the Director of the Central Intelligence Agency and the Secretary of Defense can improve communication and coordination in the planning, execution, and sustainment of operations, including, as a minimum—
(A)
information exchange between senior officials of the Central Intelligence Agency and senior officers and officials of the Department of Defense when planning for such an operation commences by either organization; and
(B)
exchange of information between the Secretary and the Director of the Central Intelligence Agency to ensure that senior operational officials in both the Department of Defense and the Central Intelligence Agency have knowledge of the existence of the ongoing operations of the other.
(2)
When appropriate, in cases where the Department of Defense and the Central Intelligence Agency are conducting separate missions in the same geographical area, a mutual agreement on the tactical and strategic objectives for the region and a clear delineation of operational responsibilities to prevent conflict and duplication of effort.
(b)

Implementation Report.—
Not later than 180 days after the date of the enactment of the Act, the Director of National Intelligence shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) and the congressional intelligence committees (as defined in section 3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7))) a report describing the procedures established pursuant to subsection (a) and the status of the implementation of those procedures.
* * * * * * *
SEC. 1016.
[6 U.S.C. 485]

INFORMATION SHARING.
(a)

Definitions.—
In this section:
(1)

Homeland security information.—
The term “homeland security information” has the meaning given that term in section 892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).
(2)

Information sharing council.—
The term “Information Sharing Council” means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g).
(3)

Information sharing environment.—
The terms “information sharing environment” and “ISE” mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section.
(4)

Program manager.—
The term “program manager” means the program manager designated under subsection (f).
(5)

Terrorism information.—
The term “terrorism information”—
(A)
means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to—
(i)
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;
(ii)
threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations;
(iii)
communications of or by such groups or individuals; or
(iv)
groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and
(B)
includes weapons of mass destruction information.
(6)

Weapons of mass destruction information.—
The term “weapons of mass destruction information” means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including a chemical, biological, radiological, or nuclear weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.
(b)

Information Sharing Environment.—
(1)

Establishment.—
The President shall—
(A)
create an information sharing environment for the sharing of terrorism information in a manner consistent with national security and with applicable legal standards relating to privacy and civil liberties;
(B)
designate the organizational and management structures that will be used to operate and manage the ISE; and
(C)
determine and enforce the policies, directives, and rules that will govern the content and usage of the ISE.
(2)

Attributes.—
The President shall, through the structures described in subparagraphs (B) and (C) of paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information among all appropriate Federal, State, local, and tribal entities, and the private sector through the use of policy guidelines and technologies. The President shall, to the greatest extent practicable, ensure that the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distributed, and coordinated environment that—
(A)
connects existing systems, where appropriate, provides no single points of failure, and allows users to share information among agencies, between levels of government, and, as appropriate, with the private sector;
(B)
ensures direct and continuous online electronic access to information;
(C)
facilitates the availability of information in a form and manner that facilitates its use in analysis, investigations and operations;
(D)
builds upon existing systems capabilities currently in use across the Government;
(E)
employs an information access management approach that controls access to data rather than just systems and networks, without sacrificing security;
(F)
facilitates the sharing of information at and across all levels of security;
(G)
provides directory services, or the functional equivalent, for locating people and information;
(H)
incorporates protections for individuals' privacy and civil liberties;
(I)
incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls;
(J)
integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;
(K)
integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate security protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels;
(L)
allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;
(M)
permits analysts to collaborate both independently and in a group (commonly known as “collective and noncollective collaboration”), and across multiple levels of national security information and controlled unclassified information;
(N)
provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and
(O)
incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.
(3)

Delegation.—
(A)

In general.—
Subject to subparagraph (B), the President may delegate responsibility for carrying out this subsection.
(B)

Limitation.—
The President may not delegate responsibility for carrying out this subsection to the Director of National Intelligence.
(c)

Preliminary Report.—
Not later than 180 days after the date of the enactment of this Act, the program manager shall, in consultation with the Information Sharing Council—
(1)
submit to the President and Congress a description of the technological, legal, and policy issues presented by the creation of the ISE, and the way in which these issues will be addressed;
(2)
establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence and terrorism information; and
(3)
conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information.
(d)

Guidelines and Requirements.—
As soon as possible, but in no event later than 270 days after the date of the enactment of this Act, the President shall—
(1)
leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring, accessing, sharing, and using information, including guidelines to ensure that information is provided in its most shareable form, such as by using tearlines to separate out data from the sources and methods by which the data are obtained;
(2)
in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, issue guidelines that—
(A)
protect privacy and civil liberties in the development and use of the ISE; and
(B)
shall be made public, unless nondisclosure is clearly necessary to protect national security; and
(3)
require the heads of Federal departments and agencies to promote a culture of information sharing by—
(A)
reducing disincentives to information sharing, including over-classification of information and unnecessary requirements for originator approval, consistent with applicable laws and regulations; and
(B)
providing affirmative incentives for information sharing.
(e)

Implementation Plan Report.—
Not later than one year after the date of the enactment of this Act, the President shall, with the assistance of the program manager, submit to Congress a report containing an implementation plan for the ISE. The report shall include the following:
(1)
A description of the functions, capabilities, resources, and conceptual design of the ISE, including standards.
(2)
A description of the impact on enterprise architectures of participating agencies.
(3)
A budget estimate that identifies the incremental costs associated with designing, testing, integrating, deploying, and operating the ISE.
(4)
A project plan for designing, testing, integrating, deploying, and operating the ISE.
(5)
The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and enforcement mechanisms that will be utilized.
(6)
Objective, systemwide performance measures to enable the assessment of progress toward achieving the full implementation of the ISE.
(7)
A description of the training requirements needed to ensure that the ISE will be adequately implemented and properly utilized.
(8)
A description of the means by which privacy and civil liberties will be protected in the design and operation of the ISE.
(9)
The recommendations of the program manager, in consultation with the Information Sharing Council, regarding whether, and under what conditions, the ISE should be expanded to include other intelligence information.
(10)
A delineation of the roles of the Federal departments and agencies that will participate in the ISE, including an identification of the agencies that will deliver the infrastructure needed to operate and manage the ISE (as distinct from individual department or agency components that are part of the ISE), with such delineation of roles to be consistent with—
(A)
the authority of the Director of National Intelligence under this title, and the amendments made by this title, to set standards for information sharing throughout the intelligence community; and
(B)
the authority of the Secretary of Homeland Security and the Attorney General, and the role of the Department of Homeland Security and the Department of Justice, in coordinating with State, local, and tribal officials and the private sector.
(11)
The recommendations of the program manager, in consultation with the Information Sharing Council, for a future management structure for the ISE, including whether the position of program manager should continue to remain in existence.
(f)

Program Manager.—
(1)

Designation.—
Not later than 120 days after the date of the enactment of this Act, with notification to Congress, the President shall designate an individual as the program manager responsible for information sharing across the Federal Government. Beginning on the date of the enactment of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019 and 2020, each individual designated as the program manager shall be appointed by the Director of National Intelligence. The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located, except as otherwise expressly provided by law.
(2)

Duties and responsibilities.—
(A)

In general.—
The program manager shall, in consultation with the Information Sharing Council—
(i)
plan for and oversee the implementation of, and manage, the ISE;
(ii)
assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;
(iii)
consistent with the direction and policies issued by the President, the Director of National Intelligence, and the Director of the Office of Management and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;
(iv)
identify and resolve information sharing disputes between Federal departments, agencies, and components; and
(v)
assist, monitor, and assess the implementation of the ISE by Federal departments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to Congress.
(B)

Content of policies, procedures, guidelines, rules, and standards.—
The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) shall—
(i)
take into account the varying missions and security requirements of agencies participating in the ISE;
(ii)
address development, implementation, and oversight of technical standards and requirements;
(iii)
take into account ongoing and planned efforts that support development, implementation and management of the ISE;
(iv)
address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the homeland security community and the law enforcement community;
(v)
address and facilitate information sharing between Federal departments and agencies and State, tribal, and local governments;
(vi)
address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector;
(vii)
address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and
(viii)
ensure the protection of privacy and civil liberties.
(g)

Information Sharing Council.—
(1)

Establishment.—
There is established an Information Sharing Council that shall assist the President and the program manager in their duties under this section. The Information Sharing Council shall serve until removed from service or replaced by the President (at the sole discretion of the President) with a successor body.
(2)

Specific duties.—
In assisting the President and the program manager in their duties under this section, the Information Sharing Council shall—
(A)
advise the President and the program manager in developing policies, procedures, guidelines, roles, and standards necessary to establish, implement, and maintain the ISE;
(B)
work to ensure coordination among the Federal departments and agencies participating in the ISE in the establishment, implementation, and maintenance of the ISE;
(C)
identify and, as appropriate, recommend the consolidation and elimination of current programs, systems, and processes used by Federal departments and agencies to share information, and recommend, as appropriate, the redirection of existing resources to support the ISE;
(D)
identify gaps, if any, between existing technologies, programs and systems used by Federal departments and agencies to share information and the parameters of the proposed information sharing environment;
(E)
recommend solutions to address any gaps identified under subparagraph (D);
(F)
recommend means by which the ISE can be extended to allow interchange of information between Federal departments and agencies and appropriate authorities of State and local governments;
(G)
assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;
(H)
identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and
(I)
recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion encompassing other relevant categories of information.
(3)

Consultation.—
In performing its duties, the Information Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and operational matters relating to the ISE.
(4)

Inapplicability of chapter 10 of title 5, united states code.—
The Information Sharing Council (including any subsidiary group of the Information Sharing Council) shall not be subject to the requirements of chapter 10 of title 5, United States Code.
(5)

Detailees.—
Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).
(h)

Agency Responsibilities.—
The head of each department or agency that possesses or uses intelligence or terrorism information, operates a system in the ISE, or otherwise participates (or expects to participate) in the ISE shall—
(1)
ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and standards established under subsections (b) and (f);
(2)
ensure the provision of adequate resources for systems and activities supporting operation of and participation in the ISE;
(3)
ensure full department or agency cooperation in the development of the ISE to implement governmentwide information sharing; and
(4)
submit, at the request of the President or the program manager, any reports on the implementation of the requirements of the ISE within such department or agency.
(i)

Report on the Information Sharing Environment.—
(1)

In general.—
Not later than 180 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of—
(A)
eliminating the use of any marking or process (including “Originator Control”) intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, between and among participants in the information sharing environment, unless the President has—
(i)
specifically exempted categories of information from such elimination; and
(ii)
reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and
(B)
continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents;
(C)
replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an “authorized use” standard); and
(D)
the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, in any cases in which—
(i)
the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and
(ii)
such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information.
(2)

Definition.—
In this subsection, the term “anonymized data” means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.
(j)

Additional Positions.—
The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in—
(1)
activities associated with the implementation of the information sharing environment, including—
(A)
implementing the requirements under subsection (b)(2); and
(B)
any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and
(2)
identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv).
(k)

Authorization of Appropriations.—
There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.
SEC. 1017.
[50 U.S.C. 3024 note]

ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY.
(a)

In General.—
Not later than 180 days after the effective date of this Act, the Director of National Intelligence shall establish a process and assign an individual or entity the responsibility for ensuring that, as appropriate, elements of the intelligence community conduct alternative analysis (commonly referred to as “red-team analysis”) of the information and conclusions in intelligence products.
(b)

Report.—
Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of the House of Representatives on the implementation of subsection (a).
SEC. 1018.
[50 U.S.C. 3023 note]

PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES.
The President shall issue guidelines to ensure the effective implementation and execution within the executive branch of the authorities granted to the Director of National Intelligence by this title and the amendments made by this title, in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments of the United States Government concerning such departments, including, but not limited to:
(1)
the authority of the Director of the Office of Management and Budget; and
(2)
the authority of the principal officers of the executive departments as heads of their respective departments, including, but not limited to, under—
(A)
section 199 of the Revised Statutes (22 U.S.C. 2651);
(B)
title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.);
(C)
the State Department Basic Authorities Act of 1956;
(D)
section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and
(E)
sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.
SEC. 1019.
[50 U.S.C. 3364]

ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY.
(a)

Assignment of Responsibilities.—
For purposes of carrying out section 102A(h) of the National Security Act of 1947 (as added by section 1011(a)), the Director of National Intelligence shall, not later than 180 days after the date of the enactment of this Act, assign an individual or entity to be responsible for ensuring that finished intelligence products produced by any element or elements of the intelligence community are timely, objective, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic tradecraft.
(b)

Responsibilities.—
(1)
The individual or entity assigned responsibility under subsection (a)—
(A)
may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or involved in, the specific production of any finished intelligence product;
(B)
shall perform, on a regular basis, detailed reviews of finished intelligence product or other analytic products by an element or elements of the intelligence community covering a particular topic or subject matter;
(C)
shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review under subparagraph (B); and
(D)
upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or make recommendations for improvement to the analytic tradecraft employed in the production of the reviewed product or products.
(2)
Each review under paragraph (1)(B) should—
(A)
include whether the product or products concerned were based on all sources of available intelligence, properly describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and the assumptions and judgments of analysts, and incorporate, where appropriate, alternative analyses; and
(B)
ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned in the production of the product or products concerned meet the standards set forth in subsection (a).
(3)
Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community.
(c)

Annual Briefings.—
Not later than February 1 each year, the Director of National Intelligence shall provide to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a briefing with a description, and the associated findings, of each review under subsection (b)(1)(B) during such year.
(d)

Congressional Intelligence Committees Defined.—
In this section, the term “congressional intelligence committees” means—
(1)
the Select Committee on Intelligence of the Senate; and
(2)
the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1020.
[50 U.S.C. 3364 note]

SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a)

In General.—
Not later than 180 days after the effective date of this Act, the Director of National Intelligence shall identify an individual within the Office of the Director of National Intelligence who shall be available to analysts within the Office of the Director of National Intelligence to counsel, conduct arbitration, offer recommendations, and, as appropriate, initiate inquiries into real or perceived problems of analytic tradecraft or politicization, biased reporting, or lack of objectivity in intelligence analysis.
(b)

Report.—
Not later than 270 days after the effective date of this Act, the Director of National Intelligence shall provide a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on the implementation of subsection (a).
* * * * * * *
Subtitle D—

Improvement of Education for the Intelligence Community
SEC. 1041.
[50 U.S.C. 3322]

ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a)

Findings.—
Congress makes the following findings:
(1)
Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.
(2)
Since September 11, 2001, the need for language proficiency levels to meet required national security functions has been raised, and the ability to comprehend and articulate technical and scientific information in foreign languages has become critical.
(b)

Linguistic Requirements.—
(1)
The Director of National Intelligence shall—
(A)
identify the linguistic requirements for the Office of the Director of National Intelligence;
(B)
identify specific requirements for the range of linguistic skills necessary for the intelligence community, including proficiency in scientific and technical vocabularies of critical foreign languages; and
(C)
develop a comprehensive plan for the Office to meet such requirements through the education, recruitment, and training of linguists.
(2)
In carrying out activities under paragraph (1), the Director shall take into account education grant programs of the Department of Defense and the Department of Education that are in
(c)

Professional Intelligence Training.—
The Director of National Intelligence shall require the head of each element and component within the Office of the Director of National Intelligence who has responsibility for professional intelligence training to periodically review and revise the curriculum for the professional intelligence training of the senior and intermediate level personnel of such element or component in order to—
(1)
strengthen the focus of such curriculum on the integration of intelligence collection and analysis throughout the Office; and
(2)
prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.
* * * * * * *
Subtitle E—

Additional Improvements of Intelligence Activities
SEC. 1051.

SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY.
The Director of National Intelligence, in cooperation with the Secretary of Defense and the Secretary of Energy, should seek to ensure that each service laboratory of the Department of Defense and each national laboratory of the Department of Energy may, acting through the relevant Secretary and in a manner consistent with the missions and commitments of the laboratory—
(1)
assist the Director of National Intelligence in all aspects of technical intelligence, including research, applied sciences, analysis, technology evaluation and assessment, and any other aspect that the relevant Secretary considers appropriate; and
(2)
make available to the intelligence community, on a community-wide basis—
(A)
the analysis and production services of the service and national laboratories, in a manner that maximizes the capacity and services of such laboratories; and
(B)
the facilities and human resources of the service and national laboratories, in a manner that improves the technological capabilities of the intelligence community.
SEC. 1052.

OPEN-SOURCE INTELLIGENCE.
(a)

Sense of Congress.—
It is the sense of Congress that—
(1)
the Director of National Intelligence should establish an intelligence center for the purpose of coordinating the collection, analysis, production, and dissemination of open-source intelligence to elements of the intelligence community;
(2)
open-source intelligence is a valuable source that must be integrated into the intelligence cycle to ensure that United States policymakers are fully and completely informed; and
(3)
the intelligence center should ensure that each element of the intelligence community uses open-source intelligence consistent with the mission of such element.
(b)
[50 U.S.C. 3367]

Requirement for Efficient Use by Intelligence Community of Open-source Intelligence.—
The Director of National Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source information and analysis.
(c)

Report.—
Not later than June 30, 2005, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing the decision of the Director as to whether an open-source intelligence center will be established. If the Director decides not to establish an open-source intelligence center, such report shall also contain a description of how the intelligence community will use open-source intelligence and effectively integrate open-source intelligence into the national intelligence cycle.
(d)

Congressional Intelligence Committees Defined.—
In this section, the term “congressional intelligence committees” means—
(1)
the Select Committee on Intelligence of the Senate; and
(2)
the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1053.
[50 U.S.C. 3321]

NATIONAL INTELLIGENCE RESERVE CORPS.
(a)

Establishment.—
The Director of National Intelligence may provide for the establishment and training of a National Intelligence Reserve Corps (in this section referred to as “National Intelligence Reserve Corps”) for the temporary reemployment on a voluntary basis of former employees of elements of the intelligence community during periods of emergency, as determined by the Director.
(b)

Eligible Individuals.—
An individual may participate in the National Intelligence Reserve Corps only if the individual previously served as a full time employee of an element of the intelligence community.
(c)

Terms of Participation.—
The Director of National Intelligence shall prescribe the terms and conditions under which eligible individuals may participate in the National Intelligence Reserve Corps.
(d)

Expenses.—
The Director of National Intelligence may
provide members of the National Intelligence Reserve Corps transportation and per diem in lieu of subsistence for purposes of participating in any training that relates to service as a member of the Reserve Corps.
(e)

Treatment of Annuitants.—
(1)
If an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes temporarily reemployed pursuant to this section, such annuity shall not be discontinued thereby.
(2)
An annuitant so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5, United States Code.
(f)

Treatment Under Office of Director of National Intelligence Personnel Ceiling.—
A member of the National Intelligence Reserve Corps who is reemployed on a temporary basis pursuant to this section shall not count against any personnel ceiling applicable to the Office of the Director of National Intelligence.
Subtitle F—

Privacy and Civil Liberties
SEC. 1061.
[42 U.S.C. 2000ee]

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a)

In General.—
There is established as an independent agency within the executive branch a Privacy and Civil Liberties Oversight Board (referred to in this section 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.
(3)
The National Commission on Terrorist Attacks Upon the United States correctly concluded that “The choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our history has shown us that insecurity threatens liberty. Yet, if our liberties are curtailed, we lose the values that we are struggling to defend.”.
(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 (d) and (f) of section 1016;
(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 (d) and (f) of section 1016;
(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 relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected;
(B)
the information sharing practices of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines issued or developed under subsections (d) and (f) of section 1016 and to other governing laws, regulations, and policies regarding privacy and civil liberties; and
(C)
other actions by the executive branch relating 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)
receive and review reports and other information from privacy officers and civil liberties officers under section 1062;
(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 under section 1062; and
(B)
periodically submit, not less than semiannually, reports—
(i)
(I)
to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and 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);
(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; and
(E)
for the preceding period, any requests submitted under subsection (g)(1)(D) for the issuance of subpoenas that were modified or denied by the Attorney General.
(f)

Informing the Public.—
The Board—
(1)
shall 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)
shall hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law, but may, notwithstanding section 552b of title 5, United States Code, meet or otherwise communicate in any number to confer or deliberate in a manner that is closed to the public.
(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 of any such department, agency, or element, 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 of any such department, agency, or element;
(C)
request information or assistance from any State, tribal, or local government; and
(D)
at the direction of a majority of the members of the Board, submit a written request to the Attorney General of the United States that the Attorney General require, by subpoena, 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)

Review of subpoena request.—
(A)

In general.—
Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall—
(i)
issue the subpoena as requested; or
(ii)
provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied.
(B)

Notification.—
If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
(3)

Enforcement of subpoena.—
In the case of contumacy or failure to obey a subpoena issued pursuant to 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.
(4)

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.
(5)

Access.—
Nothing in this section shall be construed to authorize the Board, or any agent thereof, to gain access to information regarding an activity covered by section 503(a) of the National Security Act of 1947 (50 U.S.C. 3093(a)).
(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. The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and House of Representatives.
(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.—
(A)

Commencement.—
Each member of the Board shall serve a term of 6 years, commencing on the date of the appointment of the member to the Board.
(B)

Reappointment.—
A member may be reappointed to one or more additional terms.
(C)

Vacancy.—
A vacancy on the Board shall be filled in the manner in which the original appointment was made.
(D)

Extension.—
Upon the expiration of the term of office of a member, the member may continue to serve for up to one year after the date of expiration, at the election of the member—
(i)
during the period preceding the reappointment of the member pursuant to subparagraph (B); or
(ii)
until the member’s successor has been appointed and qualified.
(5)

Quorum and meetings.—
The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.
(i)

Compensation and Travel Expenses.—
(1)

Compensation.—
(A)

Chairman.—
The chairman of the Board 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 of the Board, 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)

Appointment in absence of chairman.—
If the position of chairman of the Board is vacant, during the period of the vacancy, the Board, at the direction of the unanimous vote of the serving members of the Board, may exercise the authority of the chairman under paragraph (1).
(3)

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.
(4)

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.—
(1)

In general.—
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.
(2)

Rules and procedures.—
After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board.
(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 1001(2) of title 5, United States Code).
(m)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section amounts as follows:
(1)
For fiscal year 2008, $5,000,000.
(2)
For fiscal year 2009, $6,650,000.
(3)
For fiscal year 2010, $8,300,000.
(4)
For fiscal year 2011, $10,000,000.
(5)
For fiscal year 2012 and each subsequent fiscal year, such sums as may be necessary.
SEC. 1062.
[42 U.S.C. 2000ee–1]

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 Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board under section 1061 to be appropriate for coverage under this section shall designate not less than 1 senior officer to serve as the principal advisor 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—
(A)
that the need for the power is balanced with the need to protect privacy and civil liberties;
(B)
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
(C)
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 Privacy and Civil Liberties Oversight 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 annually, submit a report on the activities of such officers—
(A)
(i)
to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and 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.
Subtitle G—

Conforming and Other Amendments
* * * * * * *
SEC. 1081.
[50 U.S.C. 3001 note]

GENERAL REFERENCES.
(a)

Director of Central Intelligence as Head of Intelligence Community.—
Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of National Intelligence.
(b)

Director of Central Intelligence as Head of CIA.—
Any reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the Director of the Central Intelligence Agency.
(c)

Community Management Staff.—
Any reference to the Community Management Staff in any law, regulation, document, paper, or other record of the United States shall be deemed to be a reference to the staff of the Office of the Director of National Intelligence.
Subtitle H—

Transfer, Termination, Transition, and Other Provisions
SEC. 1091.
[50 U.S.C. 3001 note]

TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a)

Transfer.—
There shall be transferred to the Office of the Director of National Intelligence such staff of the Community Management Staff as of the date of the enactment of this Act as the Director of National Intelligence determines to be appropriate, including all functions and activities discharged by the Community Management Staff as of that date.
(b)

Administration.—
The Director of National Intelligence shall administer the Community Management Staff after the date of the enactment of this Act as a component of the Office of the Director of National Intelligence under section 103 of the National Security Act of 1947, as amended by section 1011(a) of this Act.
SEC. 1092.
[50 U.S.C. 3001 note]

TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a)

Transfer.—
There shall be transferred to the National Counterterrorism Center the Terrorist Threat Integration Center (TTIC) or its successor entity, including all functions and activities discharged by the Terrorist Threat Integration Center or its successor entity as of the date of the enactment of this Act.
(b)

Administration.—
The Director of the National Counterterrorism Center shall administer the Terrorist Threat Integration Center after the date of the enactment of this Act as a component of the Directorate of Intelligence of the National Counterterrorism Center under section 119(i) of the National Security Act of 1947, as added by section 1021(a) of this Act.
SEC. 1093.
[50 U.S.C. 3001 note]

TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.
(a)

Termination.—
The positions referred to in subsection (b) are hereby abolished.
(b)

Covered Positions.—
The positions referred to in this subsection are as follows:
(1)
The Assistant Director of Central Intelligence for Collection.
(2)
The Assistant Director of Central Intelligence for Analysis and Production.
(3)
The Assistant Director of Central Intelligence for Administration.
SEC. 1094.
[50 U.S.C. 3001 note]

IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the implementation of this title and the amendments made by this title. The plan shall address, at a minimum, the following:
(1)
The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant to this title.
(2)
Any consolidation, reorganization, or streamlining of activities transferred to the Director of National Intelligence pursuant to this title.
(3)
The establishment of offices within the Office of the Director of National Intelligence to implement the duties and responsibilities of the Director of National Intelligence as described in this title.
(4)
Specification of any proposed disposition of property, facilities, contracts, records, and other assets and obligations to be transferred to the Director of National Intelligence.
(5)
Recommendations for additional legislative or administrative action as the President considers appropriate.
SEC. 1095.
[50 U.S.C. 3001 note]

DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
(a)

Report.—
Not later than one year after the effective date of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the progress made in the implementation of this title, including the amendments made by this title. The report shall include a comprehensive description of the progress made, and may include such recommendations for additional legislative or administrative action as the Director considers appropriate.
(b)

Congressional Intelligence Committees Defined.—
In this section, the term “congressional intelligence committees” means—
(1)
the Select Committee on Intelligence of the Senate; and
(2)
the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1096.
[50 U.S.C. 3001 note]

TRANSITIONAL AUTHORITIES.
(a)

In General.—
(1)
Upon the request of the Director of National Intelligence, the head of any executive agency may, on a reimbursable basis, provide services or detail personnel to the Director of National Intelligence. Any records of the Office of the Director of National Intelligence that are maintained by the agency as a service for the Office of the Director of National Intelligence under section 1535 of title 31, United States Code, (popularly known as the “Economy Act”) may be treated as the records of the agency when dispositioned as required by law, and any disclosure of such records between the two agencies shall not be subject to any otherwise applicable legal consent requirements or disclosure accounting requirements.
(2)
The records of the Office of the Director of National Intelligence may not be dispositioned pursuant to paragraph (1) without the authorization of the Director of National Intelligence.
(b)

Transfer of Personnel.—
In addition to any other authorities available under law for such purposes, in the fiscal years 2005 and 2006, the Director of National Intelligence—
(1)
is authorized within the Office of the Director of National Intelligence the total of 500 new personnel positions; and
(2)
with the approval of the Director of the Office of Management and Budget, may detail not more than 150 personnel funded within the National Intelligence Program to the Office of the Director of National Intelligence for a period of not more than 2 years.
SEC. 1097.
[50 U.S.C. 3001 note]

EFFECTIVE DATES.
(a)

In General.—
Except as otherwise expressly provided in this Act, this title and the amendments made by this title shall take effect not later than six months after the date of the enactment of this Act.
(b)

Specific Effective Dates.—
(1)
(A)
Not later than 60 days after the date of the appointment of the first Director of National Intelligence, the Director of National Intelligence shall first appoint individuals to positions within the Office of the Director of National Intelligence.
(B)
Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence.
(2)
Not later than 180 days after the effective date of this Act, the President shall transmit to Congress the implementation plan required by section 1094.
(3)
Not later than one year after the date of the enactment of this Act, the Director of National Intelligence shall prescribe regulations, policies, procedures, standards, and guidelines required under section 102A of the National Security Act of 1947, as amended by section 1011(a) of this Act.
Subtitle I—

Other Matters
SEC. 1101.

STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS.
(a)

Study.—
The Secretary of Defense shall conduct a study of the promotion selection rates, and the selection rates for attendance at professional military education schools, of intelligence officers of the Armed Forces, particularly in comparison to the rates for other officers of the same Armed Force who are in the same grade and competitive category.
(b)

Report.—
The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report providing the Secretary's findings resulting from the study under subsection (a) and the Secretary's recommendations (if any) for such changes in law as the Secretary considers needed to ensure that intelligence officers, as a group, are selected for promotion, and for attendance at professional military education schools, at rates not less than the rates for all line (or the equivalent) officers of the same Armed Force (both in the zone and below the zone) in the same grade. The report shall be submitted not later than April 1, 2005.
* * * * * * *
SEC. 1103.
[50 U.S.C. 3001 note]

SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other those to which such provision is held invalid shall not be affected thereby.
TITLE II—

FEDERAL BUREAU OF INVESTIGATION
SEC. 2001.
[28 U.S.C. 532 note]

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 of 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 Director of National Intelligence in a manner consistent with applicable law.
(f)

Budget Matters.—
The Director of the Federal Bureau of Investigation shall establish a budget structure of the Federal Bureau of Investigation to reflect the four principal missions of the Bureau as follows:
(1)
Intelligence.
(2)
Counterterrorism and counterintelligence.
(3)
Criminal Enterprises/Federal Crimes.
(4)
Criminal justice services.
(g)

Reports.—
(1)
Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to Congress a report on the progress made as of the date of such report in carrying out the requirements of this section.
(2)
The Director shall include in each annual program review of the Federal Bureau of Investigation that is submitted to Congress a report on the progress made by each field office of the Bureau during the period covered by such review in addressing Bureau and national program priorities.
(3)
Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing information-sharing principles.
SEC. 2002.
[28 U.S.C. 532 note]

DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION.
(a)

Directorate of Intelligence of Federal Bureau of Investigation.—
The element of the Federal Bureau of Investigation known as of the date of the enactment of this Act as the Office of Intelligence is hereby redesignated as the Directorate of Intelligence of the Federal Bureau of Investigation.
(b)

Head of Directorate.—
The head of the Directorate of Intelligence shall be the Executive Assistant Director for Intelligence of the Federal Bureau of Investigation.
(c)

Responsibilities.—
The Directorate of Intelligence shall be responsible for the following:
(1)
Supervision of all national intelligence programs, projects, and activities of the Bureau.
(2)
The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 (50 U.S.C. 403–5b).
(3)
The oversight of Bureau field intelligence operations.
(4)
Coordinating human source development and management by the Bureau.
(5)
Coordinating collection by the Bureau against nationally-determined intelligence requirements.
(6)
Strategic analysis.
(7)
Intelligence program and budget management.
(8)
The intelligence workforce.
(9)
Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by law.
(d)

Staff.—
The Directorate of Intelligence shall consist of such staff as the Director of the Federal Bureau of Investigation considers appropriate for the activities of the Directorate.
SEC. 2003.
[28 U.S.C. 532 note]

FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
(a)

Establishment of Federal Bureau of Investigation Intelligence Career Service.—
The Director of the Federal Bureau of Investigation may—
(1)
in consultation with the Director of the Office of Personnel Management—
(A)
establish positions for intelligence analysts, and prescribe standards and procedures for establishing and classifying such positions, without regard to chapter 51 of title 5, United States Code; and
(B)
fix the rate of basic pay for such positions, without regard to subchapter III of chapter 53 of title 5, United States Code, if the rate of pay is not greater than the rate of basic pay payable for level IV of the Executive Schedule;
(2)
appoint individuals to such positions; and
(3)
establish a performance management system for such individuals with at least one level of performance above a retention standard.
(b)

Reporting Requirement.—
Not less than 60 days before the date of the implementation of authorities authorized under this section, the Director of the Federal Bureau of Investigation shall submit an operating plan describing the Director's intended use of the authorities under this section to the appropriate committees of Congress.
(c)

Annual Report.—
Not later than December 31, 2005, and annually thereafter for 4 years, the Director of the Federal Bureau of Investigation shall submit an annual report of the use of the permanent authorities provided under this section during the preceding fiscal year to the appropriate committees of Congress.
(d)

Appropriate Committees of Congress Defined.—
In this section, the term “appropriate committees of Congress means”—
(1)
the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the Select Committee on Intelligence of the Senate; and
(2)
the Committees on Appropriations, Government Reform, and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.
* * * * * * *
SEC. 2006.
[28 U.S.C. 509 note]

FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS.
Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Attorney General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains, with respect to each preceding 12-month period—
(1)
the number of translators employed, or contracted for, by the Federal Bureau of Investigation or other components of the Department of Justice;
(2)
any legal or practical impediments to using translators employed by Federal, State, or local agencies on a full-time, part-time, or shared basis;
(3)
the needs of the Federal Bureau of Investigation for specific translation services in certain languages, and recommendations for meeting those needs;
(4)
the status of any automated statistical reporting system, including implementation and future viability;
(5)
the storage capabilities of the digital collection system or systems utilized;
(6)
a description of the establishment and compliance with audio retention policies that satisfy the investigative and intelligence goals of the Federal Bureau of Investigation; and
(7)
a description of the implementation of quality control procedures and mechanisms for monitoring compliance with quality control procedures.
TITLE III—

SECURITY CLEARANCES
SEC. 3001.
[50 U.S.C. 3341]

SECURITY CLEARANCES.
(a)

Definitions.—
In this section:
(1)
The term “agency” means—
(A)
an executive agency (as that term is defined in section 105 of title 5, United States Code);
(B)
a military department (as that term is defined in section 102 of title 5, United States Code); or
(C)
an element of the intelligence community.
(2)
The term “authorized investigative agency” means an agency designated by the head of the agency selected pursuant to subsection (b) to conduct a counterintelligence investigation or investigation of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information.
(3)
The term “authorized adjudicative agency” means an agency authorized by law, regulation, or direction of the Director of National Intelligence to determine eligibility for access to classified information in accordance with Executive Order 12968.
(4)
The term “highly sensitive program” means—
(A)
a government program designated as a Special Access Program (as that term is defined in section 4.1(h) of Executive Order 12958 or any successor Executive order); or
(B)
a government program that applies restrictions required for—
(i)
restricted data (as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))); or
(ii)
other information commonly referred to as “sensitive compartmented information”.
(5)
The term “current investigation file” means, with respect to a security clearance, a file on an investigation or adjudication that has been conducted during—
(A)
the 5-year period beginning on the date the security clearance was granted, in the case of a Top Secret Clearance, or the date access was granted to a highly sensitive program;
(B)
the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and
(C)
the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance.
(6)
The term “personnel security investigation” means any investigation required for the purpose of determining the eligibility of any military, civilian, or government contractor personnel to access classified information.
(7)
The term “periodic reinvestigations” means investigations conducted for the purpose of updating a previously completed background investigation—
(A)
every 5 years in the case of a top secret clearance or access to a highly sensitive program;
(B)
every 10 years in the case of a secret clearance; or
(C)
every 15 years in the case of a Confidential Clearance.
(8)
The term “appropriate committees of Congress” means—
(A)
the Permanent Select Committee on Intelligence and the Committees on Armed Services, Homeland Security, Government Reform, and the Judiciary of the House of Representatives; and
(B)
the Select Committee on Intelligence and the Committees on Armed Services, Homeland Security and Governmental Affairs, and the Judiciary of the Senate.
(9)

Access determination.—
The term “access determination” means the determination regarding whether an employee—
(A)
is eligible for access to classified information in accordance with Executive Order 12968 (60 Fed. Reg. 40245; relating to access to classified information), or any successor thereto, and Executive Order 10865 (25 Fed. Reg. 1583; relating to safeguarding classified information within industry), or any successor thereto; and
(B)
possesses a need to know under such an Order.
(b)

Selection of Entity.—
Except as otherwise provided, not later than 90 days after the date of the enactment of this Act, the President shall select a single department, agency, or element of the executive branch to be responsible for—
(1)
directing day-to-day oversight of investigations and adjudications for personnel security clearances, including for highly sensitive programs, throughout the United States Government;
(2)
developing and implementing uniform and consistent policies and procedures to ensure the effective, efficient, and timely completion of security clearances and determinations for access to highly sensitive programs, including the standardization of security questionnaires, financial disclosure requirements for security clearance applicants, and polygraph policies and procedures;
(3)
serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
(4)
ensuring reciprocal recognition of access to classified information among the agencies of the United States Government, including acting as the final authority to arbitrate and resolve disputes involving the reciprocity of security clearances and access to highly sensitive programs pursuant to subsection (d);
(5)
ensuring, to the maximum extent practicable, that sufficient resources are available in each agency to achieve clearance and investigative program goals;
(6)
reviewing and coordinating the development of tools and techniques for enhancing the conduct of investigations and granting of clearances; and
(7)
not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2014, and consistent with subsection (j)—
(A)
developing policies and procedures that permit, to the extent practicable, individuals alleging reprisal for having made a protected disclosure (provided the individual does not disclose classified information or other information contrary to law) to appeal any action affecting an employee’s access to classified information and to retain their government employment status while such challenge is pending; and
(B)
developing and implementing uniform and consistent policies and procedures to ensure proper protections during the process for denying, suspending, or revoking a security clearance or access to classified information following a protected disclosure, including the ability to appeal such a denial, suspension, or revocation, except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts no longer than 1 year or the head of the agency or a designee of the head of the agency certifies that a longer suspension is needed before a final decision on denial or revocation to prevent imminent harm to the national security.
(c)

Performance of Security Clearance Investigations.—
(1)
Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the head of the entity selected pursuant to subsection (b), select a single agency of the executive branch to conduct, to the maximum extent practicable, security clearance investigations of employees and contractor personnel of the United States Government who require access to classified information and to provide and maintain all security clearances of such employees and contractor personnel. The head of the entity selected pursuant to subsection (b) may designate other agencies to conduct such investigations if the head of the entity selected pursuant to subsection (b) considers it appropriate for national security and efficiency purposes.
(2)
The agency selected under paragraph (1) shall—
(A)
take all necessary actions to carry out the requirements of this section, including entering into a memorandum of understanding with any agency carrying out responsibilities relating to security clearances or security clearance investigations before the date of the enactment of this Act;
(B)
as soon as practicable, integrate reporting of security clearance applications, security clearance investigations, and determinations of eligibility for security clearances, with the database required by subsection (e); and
(C)
ensure that security clearance investigations are conducted in accordance with uniform standards and requirements established under subsection (b), including uniform security questionnaires and financial disclosure requirements.
(d)

Reciprocity of Security Clearance and Access Determinations.—
(1)
All security clearance background investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency shall be accepted by all agencies.
(2)
All security clearance background investigations initiated by an authorized investigative agency shall be transferable to any other authorized investigative agency.
(3)
(A)
An authorized investigative agency or authorized adjudicative agency may not establish additional investigative or adjudicative requirements (other than requirements for the conduct of a polygraph examination) that exceed requirements specified in Executive Orders establishing security requirements for access to classified information without the approval of the head of the entity selected pursuant to subsection (b).
(B)
Notwithstanding subparagraph (A), the head of the entity selected pursuant to subsection (b) may establish such additional requirements as the head of such entity considers necessary for national security purposes.
(4)
An authorized investigative agency or authorized adjudicative agency may not conduct an investigation for purposes of determining whether to grant a security clearance to an individual where a current investigation or clearance of equal level already exists or has been granted by another authorized adjudicative agency.
(5)
The head of the entity selected pursuant to subsection (b) may disallow the reciprocal recognition of an individual security clearance by an agency under this section on a case-by-case basis if the head of the entity selected pursuant to subsection (b) determines that such action is necessary for national security purposes.
(6)
The head of the entity selected pursuant to subsection (b) shall establish a review procedure by which agencies can seek review of actions required under this section.
(e)

Database on Security Clearances.—
(1)
Not later than 12 months after the date of the enactment of this Act, the Director of the Office of Personnel Management shall, in cooperation with the heads of the entities selected pursuant to subsections (b) and (c), establish and commence operating and maintaining an integrated, secure, database into which appropriate data relevant to the granting, denial, or revocation of a security clearance or access pertaining to military, civilian, or government contractor personnel shall be entered from all authorized investigative and adjudicative agencies.
(2)
The database under this subsection shall function to integrate information from existing Federal clearance tracking systems from other authorized investigative and adjudicative agencies into a single consolidated database.
(3)
Each authorized investigative or adjudicative agency shall check the database under this subsection to determine whether an individual the agency has identified as requiring a security clearance has already been granted or denied a security clearance, or has had a security clearance revoked, by any other authorized investigative or adjudicative agency.
(4)
The head of the entity selected pursuant to subsection (b) shall evaluate the extent to which an agency is submitting information to, and requesting information from, the database under this subsection as part of a determination of whether to certify the agency as an authorized investigative agency or authorized adjudicative agency.
(5)
The head of the entity selected pursuant to subsection (b) may authorize an agency to withhold information about certain individuals from the database under this subsection if the head of the entity considers it necessary for national security purposes.
(f)

Evaluation of Use of Available Technology in Clearance Investigations and Adjudications.—
(1)
The head of the entity selected pursuant to subsection (b) shall evaluate the use of available information technology and databases to expedite investigative and adjudicative processes for all and to verify standard information submitted as part of an application for a security clearance.
(2)
The evaluation shall assess the application of the technologies described in paragraph (1) for—
(A)
granting interim clearances to applicants at the secret, top secret, and special access program levels before the completion of the appropriate full investigation;
(B)
expediting investigations and adjudications of security clearances, including verification of information submitted by the applicant;
(C)
ongoing verification of suitability of personnel with security clearances in effect for continued access to classified information;
(D)
use of such technologies to augment periodic reinvestigations;
(E)
assessing the impact of the use of such technologies on the rights of applicants to verify, correct, or challenge information obtained through such technologies; and
(F)
such other purposes as the head of the entity selected pursuant to subsection (b) considers appropriate.
(3)
An individual subject to verification utilizing the technology described in paragraph (1) shall be notified of such verification, shall provide consent to such use, and shall have access to data being verified in order to correct errors or challenge information the individual believes is incorrect.
(4)
Not later than one year after the date of the enactment of this Act, the head of the entity selected pursuant to subsection (b) shall submit to the President and the appropriate committees of Congress a report on the results of the evaluation, including recommendations on the use of technologies described in paragraph (1).
(i)

Authorization of Appropriations.—
There is authorized to be appropriated such sums as may be necessary for fiscal year 2005 and each fiscal year thereafter for the implementation, maintenance, and operation of the database required by subsection (e).
(j)

Retaliatory Revocation of Security Clearances and Access Determinations.—
(1)

In general.—
Agency personnel with authority to take, direct others to take, recommend, or approve personnel security clearance or access determinations shall not take or fail to take, or threaten to take or fail to take, any action with respect to any employee's security clearance or access determination in retaliation for—
(A)
any lawful disclosure of information to the Director of National Intelligence (or an employee designated by the Director of National Intelligence for such purpose) or a supervisor in the employee’s direct chain of command, or a supervisor of the employing agency with responsibility for the subject matter of the disclosure, up to and including the head of the employing agency (or employee designated by the head of that agency for such purpose) by an employee that the employee reasonably believes evidences—
(i)
a violation of any Federal law, rule, or regulation; or
(ii)
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(B)
any lawful disclosure to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee reasonably believes evidences—
(i)
a violation of any Federal law, rule, or regulation; or
(ii)
mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(C)
any lawful disclosure that complies with—
(i)
subsections (a)(1), (d), and (h) of section 8H of the Inspector General Act of 1978 (5 U.S.C. App.);
(ii)
subparagraphs (A), (D), and (H) of section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
(iii)
subparagraphs (A), (D), and (I) of section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)); and
(D)
if the actions do not result in the employee or applicant unlawfully disclosing information specifically required by Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs, any lawful disclosure in conjunction with—
(i)
the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
(ii)
testimony for or otherwise lawfully assisting any individual in the exercise of any right referred to in clause (i); or
(iii)
cooperation with or disclosing information to the Inspector General of an agency, in accordance with applicable provisions of law in connection with an audit, inspection, or investigation conducted by the Inspector General.
(2)

Rule of construction.—
Consistent with the protection of sources and methods, nothing in paragraph (1) shall be construed to authorize the withholding of information from Congress or the taking of any personnel action or clearance action against an employee who lawfully discloses information to Congress.
(3)

Disclosures.—
A disclosure shall not be excluded from paragraph (1) because—
(A)
the disclosure was made to a person, including a supervisor, who participated in an activity that the employee reasonably believed to be covered by paragraph (1)(A)(ii);
(B)
the disclosure revealed information that had been previously disclosed;
(C)
the disclosure was not made in writing;
(D)
the disclosure was made while the employee was off duty;
(E)
of the amount of time which has passed since the occurrence of the events described in the disclosure; or
(F)
the disclosure was made during the normal course of duties of an employee.
(4)

Agency adjudication.—
(A)

Remedial procedure.—
An employee or former employee who believes that he or she has been subjected to a reprisal prohibited by paragraph (1) may, within 90 days (except as provided by subparagraph (D)) after the issuance of notice of such decision, appeal that decision within the agency of that employee or former employee through proceedings authorized by subsection (b)(7), except that there shall be no appeal of an agency’s suspension of a security clearance or access determination for purposes of conducting an investigation, if that suspension lasts not longer than 1 year (or a longer period in accordance with a certification made under subsection (b)(7)).
(B)

Corrective action.—
If, in the course of proceedings authorized under subparagraph (A), it is determined that the adverse security clearance or access determination violated paragraph (1), the agency shall take specific corrective action to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the violation not occurred. Such corrective action may include back pay and related benefits, travel expenses, and compensatory damages not to exceed $300,000.
(C)

Contributing factor.—
In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual, unless the agency demonstrates by a preponderance of the evidence that it would have taken the same action in the absence of such disclosure, giving the utmost deference to the agency’s assessment of the particular threat to the national security interests of the United States in the instant matter.
(D)

Tolling.—
The time requirement established by subparagraph (A) for an employee or former employee to appeal the decision of an agency may be tolled if the employee or former employee presents substantial credible evidence showing why the employee or former employee did not timely initiate the appeal and why the enforcement of the time requirement would be unfair, such as evidence showing that the employee or former employee—
(i)
did not receive notice of the decision; or
(ii)
could not timely initiate the appeal because of factors beyond the control of the employee or former employee.
(5)

Appellate review of security clearance access determinations by director of national intelligence.—
(A)

Appeal.—
Within 60 days after receiving notice of an adverse final agency determination under a proceeding under paragraph (4), an employee or former employee may appeal that determination in accordance with the procedures established under subparagraph (B).
(B)

Policies and procedures.—
The Director of National Intelligence, in consultation with the Attorney General and the Secretary of Defense, shall develop and implement policies and procedures for adjudicating the appeals authorized by subparagraph (A).
(C)

Congressional notification.—
Consistent with the protection of sources and methods, at the time the Director of National Intelligence issues an order regarding an appeal pursuant to the policies and procedures established by this paragraph, the Director of National Intelligence shall notify the congressional intelligence committees.
(6)

Judicial review.—
Nothing in this section shall be construed to permit or require judicial review of any—
(A)
agency action under this section; or
(B)
action of the appellate review procedures established under paragraph (5).
(7)

Private cause of action.—
Nothing in this section shall be construed to permit, authorize, or require a private cause of action to challenge the merits of a security clearance determination.
(8)

Enforcement.—
Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section consistent, to the fullest extent possible, with the policies and procedures used to adjudicate alleged violations of section 2302(b)(8) of title 5, United States Code.
(9)

Inclusion of contractor employees.—
In this subsection, the term “employee” includes an employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor, of an agency. With respect to such employees, the term “employing agency” shall be deemed to be the contracting agency.
SEC. 3002.
[50 U.S.C. 3343]

SECURITY CLEARANCES; LIMITATIONS.
(a)

Definitions.—
In this section:
(1)

Controlled substance.—
The term “controlled substance” has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2)

Covered person.—
The term “covered person” means—
(A)
an officer or employee of a Federal agency;
(B)
a member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status; and
(C)
an officer or employee of a contractor of a Federal agency.
(3)

Restricted data.—
The term “Restricted Data” has the meaning given that term in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(4)

Special access program.—
The term “special access program” has the meaning given that term in section 4.1 of Executive Order No. 12958 (60 Fed. Reg. 19825).
(b)

Prohibition.—
After January 1, 2008, the head of a Federal agency may not grant or renew a security clearance for a covered person who is an unlawful user of a controlled substance or an addict (as defined in section 102(1) of the Controlled Substances Act (21 U.S.C. 802)).
(c)

Disqualification.—
(1)

In general.—
After January 1, 2008, absent an express written waiver granted in accordance with paragraph (2), the head of a Federal agency may not grant or renew a security clearance described in paragraph (3) for a covered person who—
(A)
has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding 1 year, and was incarcerated as a result of that sentence for not less than 1 year;
(B)
has been discharged or dismissed from the Armed Forces under dishonorable conditions; or
(C)
is mentally incompetent, as determined by an adjudicating authority, based on an evaluation by a duly qualified mental health professional employed by, or acceptable to and approved by, the United States Government and in accordance with the adjudicative guidelines required by subsection (d).
(2)

Waiver authority.—
In a meritorious case, an exception to the disqualification in this subsection may be authorized if there are mitigating factors. Any such waiver may be authorized only in accordance with—
(A)
standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President; or
(B)
the adjudicative guidelines required by subsection (d).
(3)

Covered security clearances.—
This subsection applies to security clearances that provide for access to—
(A)
special access programs;
(B)
Restricted Data; or
(C)
any other information commonly referred to as “sensitive compartmented information”.
(4)

Annual report.—
(A)

Requirement for report.—
Not later than February 1 of each year, the head of a Federal agency shall submit a report to the appropriate committees of Congress if such agency employs or employed a person for whom a waiver was granted in accordance with paragraph (2) during the preceding year. Such annual report shall not reveal the identity of such person, but shall include for each waiver issued the disqualifying factor under paragraph (1) and the reasons for the waiver of the disqualifying factor.
(B)

Definitions.—
In this paragraph:
(i)

Appropriate committees of congress.—
The term “appropriate committees of Congress” means, with respect to a report submitted under subparagraph (A) by the head of a Federal agency—
(I)
the congressional defense committees;
(II)
the congressional intelligence committees;
(III)
the Committee on Homeland Security and Governmental Affairs of the Senate;
(IV)
the Committee on Oversight and Government Reform of the House of Representatives; and
(V)
each Committee of the Senate or the House of Representatives with oversight authority over such Federal agency.
(ii)

Congressional defense committees.—
The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(iii)

Congressional intelligence committees.—
The term “congressional intelligence committees” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 401a).
(d)

Adjudicative Guidelines.—
(1)

Requirement to establish.—
The President shall establish adjudicative guidelines for determining eligibility for access to classified information.
(2)

Requirements related to mental health.—
The guidelines required by paragraph (1) shall—
(A)
include procedures and standards under which a covered person is determined to be mentally incompetent and provide a means to appeal such a determination; and
(B)
require that no negative inference concerning the standards in the guidelines may be raised solely on the basis of seeking mental health counseling.
TITLE IV—

TRANSPORTATION SECURITY
* * * * * * *
Subtitle B—

Aviation Security
SEC. 4011.

PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) * * *
(b)

Aviation Security Research and Development.—
There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration $20,000,000, in addition to any amounts otherwise authorized by law, for research and development of advanced biometric technology applications to aviation security, including mass identification technology.
(c)

Sense of Congress on Transfer of Technology.—
It is the sense of Congress that the national intelligence community and the Department of Homeland Security should share information on and technological advancements to biometric systems, biometric technology, and biometric identifier systems obtained through research and development programs conducted by various Federal agencies.
(d)

Biometric Center of Excellence.—
There is authorized to be appropriated $1,000,000, in addition to any amounts otherwise authorized by law, for the establishment of a competitive center of excellence that will develop and expedite the Federal Government's use of biometric identifiers.
SEC. 4012.

ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) * * *
(b)

Report on Effects on Privacy and Civil Liberties.—
(1)

Requirement for report.—
Not later than 180 days after the date of the enactment of this Act, the Security Privacy Officer of the Department of Homeland Security shall submit a report assessing the impact of the automatic selectee and no fly lists on privacy and civil liberties to the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on the Judiciary, the Committee on Government Reform, the Committee on Transportation and Infrastructure, and the Select Committee on Homeland Security of the House of Representatives.
(2)

Content.—
The report submitted under paragraph (1) shall include—
(A)
any recommendations for practices, procedures, regulations, or legislation that the Security Privacy Officer considers necessary to minimize adverse effects of automatic selectee and no fly lists on privacy, discrimination, due process, and other civil liberties;
(B)
a discussion of the implications of applying those lists to other modes of transportation; and
(C)
the effect that implementation of the recommendations would have on the effectiveness of the use of such lists to protect the United States against terrorist attacks.
(3)

Form.—
To the greatest extent consistent with the protection of law enforcement-sensitive information and classified information, and the administration of applicable law, the report shall be submitted in unclassified form and shall be available to the public. The report may contain a classified annex if necessary.
(c)

Report on Criteria for Consolidated Terrorist Watch List.—
(1)

In general.—
Within 180 days after the date of enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Homeland Security, the
Secretary of State, and the Attorney General, shall submit to Congress a report on the Terrorist Screening Center consolidated screening watch list.
(2)

Contents.—
The report shall include—
(A)
the criteria for placing the name of an individual on the watch list;
(B)
the minimum standards for reliability and accuracy of identifying information;
(C)
the degree of information certainty and the range of threat levels that are to be identified for an individual; and
(D)
the range of applicable consequences that are to apply to an individual, if located.
(3)

Form.—
To the greatest extent consistent with the protection of law enforcement-sensitive information and classified information and the administration of applicable law, the report shall be submitted in unclassified form and shall be available to the public. The report may contain a classified annex if necessary.
* * * * * * *
SEC. 4014.
[49 U.S.C. 44925 note]

ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
(a)

Advanced Integrated Airport Checkpoint Screening System Pilot Program.—
Not later than March 31, 2005, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop and initiate a pilot program to deploy and test advanced airport checkpoint screening devices and technology as an integrated system at not less than 5 airports in the United States.
(b)

Funding.—
Of the amounts appropriated pursuant to section 48301(a) of title 49, United States Code, for each of fiscal years 2005 and 2006, not more than $150,000,000 shall be available to carry out subsection (a).
SEC. 4015.
[49 U.S.C. 44935 note]

IMPROVEMENT OF SCREENER JOB PERFORMANCE.
(a)

Required Action.—
The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to improve the job performance of airport screening personnel.
(b)

Human Factors Study.—
In carrying out this section, the Assistant Secretary shall provide, not later than 180 days after the date of the enactment of this Act, to the appropriate congressional committees a report on the results of any human factors study conducted by the Department of Homeland Security to better understand problems in screener performance and to improve screener performance.
SEC. 4016.
[49 U.S.C. 44917]

FEDERAL AIR MARSHALS.
(a)

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

Authorization of Additional Appropriations.—
There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Bureau of Immigration and Customs Enforcement, in addition to any amounts otherwise authorized by law, for the deployment of Federal air marshals under section 44917 of title 49, United States Code, $83,000,000 for the 3 fiscal-year period beginning with fiscal year 2005. Such sums shall remain available until expended.
(c)

Federal Law Enforcement Counterterrorism Training.—
(1)

Availability of information.—
The Administrator of the Transportation Security Administration and the Director of Federal Air Marshal Service of the Department of Homeland Security, shall make available, as practicable, appropriate information on in-flight counterterrorism and weapons handling procedures and tactics training to Federal law enforcement officers who fly while in possession of a firearm.
(2)

Identification of fraudulent documents.—
The Administrator of the Transportation Security Administration and the Director of Federal Air Marshal Service of the Department of Homeland Security shall ensure that Transportation Security Administration screeners and Federal air marshals receive training in identifying fraudulent identification documents, including fraudulent or expired visas and passports. Such training shall also be made available to other Federal law enforcement agencies and local law enforcement agencies located in a State that borders Canada or Mexico.
SEC. 4017.

INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights.
* * * * * * *
SEC. 4019.
[49 U.S.C. 44901 note]

IN-LINE CHECKED BAGGAGE SCREENING.
(a)

In-Line Baggage Screening Equipment.—
The Assistant Secretary of Homeland Security (Transportation Security Administration) shall take such action as may be necessary to expedite the installation and use of in-line baggage screening equipment at airports at which screening is required by section 44901 of title 49, United States Code.
(b)

Schedule.—
Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees a schedule to expedite the installation and use of in-line baggage screening equipment at such airports, with an estimate of the impact that such equipment, facility modification, and baggage conveyor placement will have on staffing needs and levels related to aviation security.
(c)

Replacement of Trace-Detection Equipment.—
Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish and submit to the appropriate congressional committees a schedule for replacing trace-detection equipment, as soon as practicable and where appropriate, with explosive detection system equipment.
(d)

Cost-Sharing Study.—
The Secretary of Homeland Security, in consultation with representatives of air carriers, airport operators, and other interested parties, shall submit to the appropriate congressional committees, in conjunction with the submission of the budget for fiscal year 2006 to Congress under section 1105(a) of title 31, United States Code—
(1)
a proposed formula for cost-sharing among the Federal Government, State and local governments, and the private sector for projects to install in-line baggage screening equipment that reflects the benefits that each of such entities derive from such projects, including national security benefits and labor and other cost savings;
(2)
recommendations, including recommended legislation, for an equitable, feasible, and expeditious system for defraying the costs of the in-line baggage screening equipment authorized by this title; and
(3)
the results of a review of innovative financing approaches and possible cost savings associated with the installation of in-line baggage screening equipment at airports.
(e)

Authorization for Expiring and New LOIs.—
(1)

In general.—
Section 44923(i) of title 49, United States Code, is amended by striking “$250,000,000 for each of fiscal years 2004 through 2007.” and inserting “$400,000,000 for each of fiscal years 2005, 2006, and 2007.”.
(2)

Period of reimbursement.—
Notwithstanding any other provision of law, the Secretary may provide that the period of reimbursement under any letter of intent may extend for a period not to exceed 10 years after the date that the Secretary issues such letter, subject to the availability of appropriations. This paragraph applies to letters of intent issued under section 44923 of title 49, United States Code, and letters of intent issued under section 367 of the Department of Transportation and Related Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
SEC. 4020.
[49 U.S.C. 44901 note]

CHECKED BAGGAGE SCREENING AREA MONITORING.
(a)

In General.—
The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide, subject to the availability of funds, assistance to airports at which screening is required by section 44901 of title 49, United States Code, and that have checked baggage screening areas that are not open to public view in the acquisition and installation of security monitoring cameras for surveillance of such areas in order to deter theft from checked baggage and to aid in the speedy resolution of liability claims against the Transportation Security Administration.
(b)

Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of Homeland Security for fiscal year 2005 such sums as may be necessary to carry out this section. Such sums shall remain available until expended.
SEC. 4021.

WIRELESS COMMUNICATION.
(a)

Study.—
The Assistant Secretary of Homeland Security (Transportation Security Administration), in consultation with the Administrator of the Federal Aviation Administration, shall conduct a study to determine the viability of providing devices or methods, including wireless methods, to enable a flight crew to discreetly notify the pilot in the case of a security breach or safety issue occurring in the cabin.
(b)

Matters To Be Considered.—
In conducting the study, the Transportation Security Administration and the Federal Aviation Administration shall consider technology that is readily available and can be quickly integrated and customized for use aboard aircraft for flight crew communication.
(c)

Report.—
Not later than 180 days after the date of enactment of this Act, the Transportation Security Administration shall submit to the appropriate congressional committees a report on the results of the study.
[Section 4022 was repealed by section 218(j)(1) of Public Law 118–63.]
SEC. 4023.

AVIATION SECURITY STAFFING.
(a)

Aviation Security Staffing.—
Not later than 90 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop and submit to the appropriate congressional committees standards for determining the aviation security staffing for all airports at which screening is required under section 44901 of title 49, United States Code, necessary to—
(1)
provide necessary levels of aviation security; and
(2)
ensure that the average aviation security-related delay experienced by airline passengers is minimized.
(b)

GAO Analysis.—
As soon as practicable after the date on which the Assistant Secretary has developed standards under subsection (a), the Comptroller General shall conduct an expedited analysis of, and submit a report to the appropriate congressional committees on, the standards for effectiveness, administrability, ease of compliance, and consistency with the requirements of existing law.
(c)

Integration of Federal Airport Workforce and Aviation Security.—
The Secretary of Homeland Security shall conduct a study of the feasibility of combining operations of Federal employees involved in screening at commercial airports and aviation security-related functions under the authority of the Department of Homeland Security in order to coordinate security-related activities, increase the efficiency and effectiveness of those activities, and increase commercial air transportation security.
SEC. 4024.
[49 U.S.C. 44913 note]

IMPROVED EXPLOSIVE DETECTION SYSTEMS.
(a)

Plan and Guidelines.—
The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop a plan and guidelines for implementing improved explosive detection system equipment.
(b)

Authorization of Appropriations.—
There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration $100,000,000, in addition to any amounts otherwise authorized by law, for the purpose of research and development of improved explosive detection systems for aviation security under section 44913 of title 49, United States Code.
SEC. 4025.

PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this Act, the Assistant Secretary for Homeland Security (Transportation Security Administration) shall complete a review of the list of items prohibited from being carried aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation set forth in section 1540 of title 49, Code of Federal Regulations, and shall release a revised list that includes—
(1)
butane lighters; and
(2)
any other modification that the Assistant Secretary considers appropriate.
SEC. 4026.
[22 U.S.C. 2751 note]

MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a)

United States Policy on Nonproliferation and Export Control.—
(1)

To limit availability and transfer of manpads.—
The President shall pursue, on an urgent basis, further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to limit the availability, transfer, and proliferation of MANPADSs worldwide.
(2)

To limit the proliferation of manpads.—
The President is encouraged to seek to enter into agreements with the governments of foreign countries that, at a minimum, would—
(A)
prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement;
(B)
prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and
(C)
prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person, organization, or government unless the written consent of the government that approved the original export or transfer is first obtained.
(3)

To achieve destruction of manpads.—
The President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADSs worldwide.
(4)

Reporting and briefing requirement.—
(A)

President's report.—
Not later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of diplomatic efforts under paragraphs (1), (2), and (3) and of efforts by the appropriate United States agencies to comply with the recommendations of the General Accounting Office set forth in its report GAO–04–519, entitled “Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems”.
(B)

Annual briefings.—
Annually after the date of submission of the report under subparagraph (A) and until completion of the diplomatic and compliance efforts referred to in subparagraph (A), the Secretary of State shall brief the appropriate congressional committees on the status of such efforts.
(b)

FAA Airworthiness Certification of Missile Defense Systems for Commercial Aircraft.—
(1)

In general.—
As soon as practicable, but not later than the date of completion of Phase II of the Department of Homeland Security's counter-man-portable air defense system (MANPADS) development and demonstration program, the Administrator of the Federal Aviation Administration shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. The process shall require a certification by the Administrator that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity.
(2)

Certification acceptance.—
Under the process, the Administrator shall accept the certification of the Department of Homeland Security that a missile defense system is effective and functional to defend commercial aircraft against MANPADSs.
(3)

Expeditious certification.—
Under the process, the Administrator shall expedite the airworthiness and safety certification of missile defense systems for commercial aircraft certified by the Department of Homeland Security.
(4)

Reports.—
Not later than 90 days after the first airworthiness and safety certification for a missile defense system for commercial aircraft is issued by the Administrator, and annually thereafter until December 31, 2008, the Federal Aviation Administration shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains a detailed description of each airworthiness and safety certification issued for a missile defense system for commercial aircraft.
(c)

Programs to Reduce MANPADS.—
(1)

In general.—
The President is encouraged to pursue strong programs to reduce the number of MANPADSs worldwide so that fewer MANPADSs will be available for trade, proliferation, and sale.
(2)

Reporting and briefing requirements.—
Not later than 180 days after the date of enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains a detailed description of the status of the programs being pursued under subsection (a). Annually thereafter until the programs are no longer needed, the Secretary of State shall brief the appropriate congressional committees on the status of programs.
(3)

Funding.—
There is authorized to be appropriated such sums as may be necessary to carry out this section.
(d)

MANPADS Vulnerability Assessments Report.—
(1)

In general.—
Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Department of Homeland Security's plans to secure airports and the aircraft arriving and departing from airports against MANPADSs attacks.
(2)

Matters to be addressed.—
The Secretary's report shall address, at a minimum, the following:
(A)
The status of the Department's efforts to conduct MANPADSs vulnerability assessments at United States airports at which the Department is conducting assessments.
(B)
How intelligence is shared between the United States intelligence agencies and Federal, State, and local law enforcement to address the MANPADS threat and potential ways to improve such intelligence sharing.
(C)
Contingency plans that the Department has developed in the event that it receives intelligence indicating a high threat of a MANPADS attack on aircraft at or near United States airports.
(D)
The feasibility and effectiveness of implementing public education and neighborhood watch programs in areas surrounding United States airports in cases in which intelligence reports indicate there is a high risk of MANPADS attacks on aircraft.
(E)
Any other issues that the Secretary deems relevant.
(3)

Format.—
The report required by this subsection may be submitted in a classified format.
(e)

Definitions.—
In this section, the following definitions apply:
(1)

Appropriate congressional committees.—
The term “appropriate congressional committees” means—
(A)
the Committee on Armed Services, the Committee on International Relations, and the Committee on Transportation and Infrastructure of the House of Representatives; and
(B)
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate.
(2)

MANPADS.—
The term “MANPADS” means—
(A)
a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and
(B)
any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.
* * * * * * *
SEC. 4028.

REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall submit to the appropriate congressional committees a report on the costs and benefits associated with the use of secondary flight deck barriers, including the recommendation of the Assistant Secretary whether or not the use of such barriers should be mandated for all air carriers. The report may be submitted in a classified form.
* * * * * * *
Subtitle C—

Air Cargo Security
SEC. 4051.
[49 U.S.C. 44901 note]

PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND BAGGAGE CONTAINERS.
(a)

In General.—
Beginning not later than 180 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall carry out a pilot program to evaluate the use of blast-resistant containers for cargo and baggage on passenger aircraft to minimize the potential effects of detonation of an explosive device.
(b)

Incentives for Participation in Pilot Program.—
(1)

In general.—
As part of the pilot program, the Assistant Secretary shall provide incentives to air carriers to volunteer to test the use of blast-resistant containers for cargo and baggage on passenger aircraft.
(2)

Applications.—
To volunteer to participate in the incentive program, an air carrier shall submit to the Assistant Secretary an application that is in such form and contains such information as the Assistant Secretary requires.
(3)

Types of incentives.—
Incentives provided by the Assistant Secretary to air carriers that volunteer to participate in the pilot program shall include the use of, and financial assistance to cover increased costs to the carriers associated with the use and maintenance of, blast-resistant containers, including increased fuel costs.
(c)

Technological Improvements.—
The Secretary of Homeland Security, in cooperation with the Secretary of Transportation, shall support efforts to explore alternative technologies for minimizing the potential effects of detonation of an explosive device on cargo and passenger aircraft.
(d)

Authorization of Appropriations.—
There is authorized to be appropriated to carry out subsections (a) and (b) $2,000,000. Such sum shall remain available until expended.
SEC. 4052.
[49 U.S.C. 44901 note]

AIR CARGO SECURITY.
(a)

Air Cargo Screening Technology.—
The Assistant Secretary of Homeland Security (Transportation Security Administration) shall develop technology to better identify, track, and screen air cargo.
(b)

Improved Air Cargo and Airport Security.—
There is authorized to be appropriated to the Secretary of Homeland Security for the use of the Transportation Security Administration, in addition to any amounts otherwise authorized by law, for the purpose of improving aviation security related to the transportation of cargo on both passenger aircraft and all-cargo aircraft—
(1)
$200,000,000 for fiscal year 2005;
(2)
$200,000,000 for fiscal year 2006; and
(3)
$200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(c)

Research, Development, and Deployment.—
To carry out subsection (a), there is authorized to be appropriated to the Secretary, in addition to any amounts otherwise authorized by law, for research and development related to enhanced air cargo security technology as well as for deployment and installation of enhanced air cargo security technology—
(1)
$100,000,000 for fiscal year 2005;
(2)
$100,000,000 for fiscal year 2006; and
(3)
$100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d)

Advanced Cargo Security Grants.—
(1)

In general.—
The Secretary shall establish and carry out a program to issue competitive grants to encourage the development of advanced air cargo security technology, including use of innovative financing or other means of funding such activities. The Secretary may make available funding for this purpose from amounts appropriated pursuant to subsection (c).
(2)

Eligibility criteria, etc.—
The Secretary shall establish such eligibility criteria, establish such application and administrative procedures, and provide for such matching funding requirements, if any, as may be necessary and appropriate to ensure that the technology is deployed as fully and rapidly as possible.
SEC. 4053.

AIR CARGO SECURITY REGULATIONS.
Not later than 240 days after the date of enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall issue a final rule in Docket Number TSA-2004-19515 to amend transportation security regulations to enhance and improve the security of air cargo transported in both passenger and all-cargo aircraft.
SEC. 4054.

REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a)

Report.—
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Administrator of the Federal Aviation Administration, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains the following:
(1)
A description of the current procedures in place to address the threat of an inbound all-cargo aircraft from outside the United States that intelligence sources indicate could carry explosive, incendiary, chemical, biological, or nuclear devices.
(2)
An analysis of the potential for establishing secure facilities along established international aviation routes for the purposes of diverting and securing aircraft described in paragraph (1).
(b)

Report Format.—
The Secretary may submit all, or part, of the report required by this section in such a classified and redacted format as the Secretary determines appropriate or necessary.
Subtitle D—

Maritime Security
SEC. 4071.
[46 U.S.C. 70101 note]

WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
(a)

Watch Lists.—
(1)

In general.—
As soon as practicable but not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall—
(A)
implement a procedure under which the Department of Homeland Security compares information about passengers and crew who are to be carried aboard a cruise ship with a comprehensive, consolidated database containing information about known or suspected terrorists and their associates;
(B)
use the information obtained by comparing the passenger and crew information with the information in the database to prevent known or suspected terrorists and their associates from boarding such ships or to subject them to specific additional security scrutiny, through the use of “no transport” and “automatic selectee” lists or other means.
(2)

Waiver.—
The Secretary may waive the requirement in paragraph (1)(B) with respect to cruise ships embarking at foreign ports if the Secretary determines that the application of such requirement to such cruise ships is impracticable.
(b)

Cooperation From Operators of Cruise Ships.—
The Secretary of Homeland Security shall by rulemaking require operators of cruise ships to provide the passenger and crew information necessary to implement the procedure required by subsection (a).
(c)

Maintenance of Accuracy and Integrity of “No Transport” and “Automatic Selectee” Lists.—
(1)

Watch list database.—
The Secretary of Homeland Security, in consultation with the Terrorist Screening Center, shall develop guidelines, policies, and operating procedures for the collection, removal, and updating of data maintained, or to be maintained, in the “no transport” and “automatic selectee” lists described in subsection (a)(1) that are designed to ensure the accuracy and integrity of the lists.
(2)

Accuracy of entries.—
In developing the “no transport” and “automatic selectee” lists under subsection (a)(1)(B), the Secretary shall establish a simple and timely method for correcting erroneous entries, for clarifying information known to cause false hits or misidentification errors, and for updating relevant information that is dispositive in the passenger and crew screening process. The Secretary shall also establish a process to provide an individual whose name is confused with, or similar to, a name in the watch list database with a means of demonstrating that such individual is not the person named in the database.
(d)

Cruise Ship Defined.—
In this section, the term “cruise ship” means a vessel on an international voyage that embarks or disembarks passengers at a port of United States jurisdiction to which subpart C of part 160 of title 33, Code of Federal Regulations, applies and that provides overnight accommodations.
SEC. 4072.

DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS.
(a) * * * * * * * * * *
(c)

Strategic Plan Reports.—
Not later than 90 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives—
(1)
a comprehensive program management plan that identifies specific tasks to be completed, and deadlines for completion, for the transportation security card program under section 70105 of title 46, United States Code, that incorporates best practices for communicating, coordinating, and collaborating with the relevant stakeholders to resolve relevant issues, such as background checks;
(2)
a report on the status of negotiations under section 103(a) of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70111);
(3)
the report required by section 107(b) of the Maritime Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
(4)
a report on the status of the development of the system and standards required by section 111 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(d)

Other Reports.—
Not later than 90 days after the date of the enactment of this Act—
(1)
the Secretary of Homeland Security shall submit to the appropriate congressional committees—
(A)
a report on the establishment of the National Maritime Security Advisory Committee under section 70112 of title 46, United States Code; and
(B)
a report on the status of the program required by section 70116 of title 46, United States Code, to evaluate and certify secure systems of international intermodal transportation;
(2)
the Secretary of Transportation shall submit to the appropriate congressional committees the annual report required by section 905 of the International Maritime and Port Security Act (46 U.S.C. App. 1802) that includes information that should have been included in the last preceding annual report that was due under that section; and
(3)
the Commandant of the United States Coast Guard shall submit to the appropriate congressional committees the report required by section 110(b) of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note).
Subtitle E—

General Provisions
SEC. 4081.
[49 U.S.C. 44901 note]

DEFINITIONS.
In this title (other than in sections 4001 and 4026), the following definitions apply:
(1)

Appropriate congressional committees.—
The term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(2)

Aviation definitions.—
The terms “air carrier”, “air transportation”, “aircraft”, “airport”, “cargo”, “foreign air carrier”, and “intrastate air transportation” have the meanings given such terms in section 40102 of title 49, United States Code.
(3)

Secure area of an airport.—
The term “secure area of an airport” means the sterile area and the Secure Identification Display Area of an airport (as such terms are defined in section 1540.5 of title 49, Code of Federal Regulations, or any successor regulations).
SEC. 4082.
[49 U.S.C. 114 note]

EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act.
TITLE V—

BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A—

Advanced Technology Northern Border Security Pilot Program
SEC. 5101.
[8 U.S.C. 1712 note]

ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot program to test various advanced technologies that will improve border security between ports of entry along the northern border of the United States.
SEC. 5102.
[8 U.S.C. 1712 note]

PROGRAM REQUIREMENTS.
(a)

Required Features.—
The Secretary of Homeland Security shall design the pilot program under this subtitle to have the following features:
(1)
Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance.
(2)
Use of advanced computing and decision integration software for—
(A)
evaluation of data indicating border incursions;
(B)
assessment of threat potential; and
(C)
rapid real-time communication, monitoring, intelligence gathering, deployment, and response.
(3)
Testing of advanced technology systems and software to determine best and most cost-effective uses of advanced technology to improve border security.
(4)
Operation of the program in remote stretches of border lands with long distances between 24-hour ports of entry with a relatively small presence of United States border patrol officers.
(5)
Capability to expand the program upon a determination by the Secretary that expansion would be an appropriate and cost-effective means of improving border security.
(b)

Coordination With Other Agencies.—
The Secretary of Homeland Security shall ensure that the operation of the pilot program under this subtitle—
(1)
is coordinated among United States, State, local, and Canadian law enforcement and border security agencies; and
(2)
includes ongoing communication among such agencies.
SEC. 5103.
[8 U.S.C. 1712 note]

ADMINISTRATIVE PROVISIONS.
(a)

Procurement of Advanced Technology.—
The Secretary of Homeland Security may enter into contracts for the procurement or use of such advanced technologies as the Secretary determines appropriate for the pilot program under this subtitle.
(b)

Program Partnerships.—
In carrying out the pilot program under this subtitle, the Secretary of Homeland Security may provide for the establishment of cooperative arrangements for participation in the pilot program by such participants as law enforcement and border security agencies referred to in section 5102(b), institutions of higher education, and private sector entities.
SEC. 5104.
[8 U.S.C. 1712 note]

REPORT.
(a)

Requirement for Report.—
Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the pilot program under this subtitle.
(b)

Content.—
The report under subsection (a) shall include the following matters:
(1)
A discussion of the implementation of the pilot program, including the experience under the pilot program.
(2)
A recommendation regarding whether to expand the pilot program along the entire northern border of the United States and a timeline for the implementation of the expansion.
SEC. 5105.
[8 U.S.C. 1712 note]

AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this subtitle.
Subtitle B—

Border and Immigration Enforcement
SEC. 5201.
[8 U.S.C. 1701 note]

BORDER SURVEILLANCE.
(a)

In General.—
Not later than 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the President and the appropriate committees of Congress a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft.
(b)

Contents.—
The plan submitted under subsection (a) shall include—
(1)
recommendations for establishing command and control centers, operations sites, infrastructure, maintenance, and procurement;
(2)
cost estimates for the implementation of the plan and ongoing operations;
(3)
recommendations for the appropriate agent within the Department of Homeland Security to be the executive agency for remotely piloted aircraft operations;
(4)
the number of remotely piloted aircraft required for the plan;
(5)
the types of missions the plan would undertake, including—
(A)
protecting the lives of people seeking illegal entry into the United States;
(B)
interdicting illegal movement of people, weapons, and other contraband across the border;
(C)
providing investigative support to assist in the dismantling of smuggling and criminal networks along the border;
(D)
using remotely piloted aircraft to serve as platforms for the collection of intelligence against smugglers and criminal networks along the border; and
(E)
further validating and testing of remotely piloted aircraft for airspace security missions;
(6)
the equipment necessary to carry out the plan; and
(7)
a recommendation regarding whether to expand the pilot program along the entire southwest border.
(c)

Implementation.—
The Secretary of Homeland Security shall implement the plan submitted under subsection (a) as a pilot program as soon as sufficient funds are appropriated and available for this purpose.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.
SEC. 5202.

INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of the fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 2,000 the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security above the number of such positions for which funds were allotted for the preceding fiscal year. In each of the fiscal years 2006 through 2010, in addition to the border patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of border patrol agents equal to not less than 20 percent of the net increase in border patrol agents during each such fiscal year.
SEC. 5203.

INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
In each of fiscal years 2006 through 2010, the Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase by not less than 800 the number of positions for full-time active duty investigators within the Department of Homeland Security investigating violations of immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) above the number of such positions for which funds were made available during the preceding fiscal year.
SEC. 5204.

INCREASE IN DETENTION BED SPACE.
(a)

In General.—
Subject to the availability of appropriated funds, the Secretary of Homeland Security shall increase by not less than 8,000, in each of the fiscal years 2006 through 2010, the number of beds available for immigration detention and removal operations of the Department of Homeland Security above the number for which funds were allotted for the preceding fiscal year.
(b)

Priority.—
The Secretary shall give priority for the use of these additional beds to the detention of individuals charged with removability under section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section 212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
Subtitle C—

Visa Requirements
* * * * * * *
SEC. 5303.
[8 U.S.C. 1202 note]

EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this Act, sections 5301 and 5302 shall take effect 90 days after the date of enactment of this Act.
SEC. 5304.

REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) * * * * * * * * * *
(d)
[8 U.S.C. 1155 note]

Effective Date.—
The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to revocations under sections 205 and 221(i) of the Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such date.
* * * * * * *
Subtitle E—

Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
SEC. 5501.

INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
(a) * * * * * * * * * *
(c)
[8 U.S.C. 1182 note]

Effective Date.—
The amendments made by this section shall apply to offenses committed before, on, or after the date of enactment of this Act.
* * * * * * *
SEC. 5505.

ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) * * *
(b)

Authorization of Appropriations.—
(1)

In general.—
There are authorized to be appropriated to the Department of Justice such sums as may be necessary to carry out the additional duties established under section 103(h) of the Immigration and Nationality Act (as added by this subtitle) in order to ensure that the Office of Special Investigations fulfills its continuing obligations regarding Nazi war criminals.
(2)

Availability of funds.—
Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
SEC. 5506.

REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on implementation of this subtitle that includes a description of—
(1)
the procedures used to refer matters to the Office of Special Investigations and other components within the Department of Justice and the Department of Homeland Security in a manner consistent with the amendments made by this subtitle;
(2)
the revisions, if any, made to immigration forms to reflect changes in the Immigration and Nationality Act made by the amendments contained in this subtitle; and
(3)
the procedures developed, with adequate due process protection, to obtain sufficient evidence to determine whether an alien may be inadmissible under the terms of the amendments made by this subtitle.
TITLE VI—

TERRORISM PREVENTION
Subtitle A—

Individual Terrorists as Agents of Foreign Powers
SEC. 6001.

INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a)

In General.—
Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following new subparagraph:
“(C)
engages in international terrorism or activities in preparation therefore; or”
.
(b)
[50 U.S.C. 1801 note]

Sunset.—
(1)

In general.—
Except as provided in paragraph (2), the amendment made by subsection (a) shall cease to have effect on March 15, 2020.
(2)

Exception.—
With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions cease to have effect, such provisions shall continue in effect.
* * * * * * *
Subtitle C—

Money Laundering Abatement and Financial Antiterrorism Technical Corrections
SEC. 6201.
[31 U.S.C. 5301 note]

SHORT TITLE.
This subtitle may be cited as the “International Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004”.
* * * * * * *
SEC. 6205.
[12 U.S.C. 1828 note]

EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107–56, the United States Code, the Federal Deposit Insurance Act, and any other provision of law shall take effect as if such amendments had been included in Public Law 107–56, as of the date of enactment of such Public Law, and no amendment made by such Public Law that is inconsistent with an amendment made by this subchapter shall be deemed to have taken effect.
Subtitle D—

Additional Enforcement Tools
* * * * * * *
SEC. 6303.

TERRORISM FINANCING.
(a)

Report on Terrorist Financing.—
(1)

In general.—
Not later than 270 days after the date of enactment of this Act, the President, acting through the Secretary of the Treasury, shall submit to Congress a report evaluating the current state of United States efforts to curtail the international financing of terrorism.
(2)

Contents.—
The report required by paragraph (1) shall evaluate and make recommendations on—
(A)
the effectiveness and efficiency of current United States governmental efforts and methods to detect, track, disrupt, and stop terrorist financing;
(B)
the relationship between terrorist financing and money laundering, including how the laundering of proceeds related to illegal narcotics or foreign political corruption may contribute to terrorism or terrorist financing;
(C)
the nature, effectiveness, and efficiency of current efforts to coordinate intelligence and agency operations within the United States Government to detect, track, disrupt, and stop terrorist financing, including identifying who, if anyone, has primary responsibility for developing priorities, assigning tasks to agencies, and monitoring the implementation of policy and operations;
(D)
the effectiveness and efficiency of efforts to protect the critical infrastructure of the United States financial system, and ways to improve the effectiveness of financial institutions;
(E)
ways to improve multilateral and international governmental cooperation on terrorist financing, including the adequacy of agency coordination within the United States related to participating in international cooperative efforts and implementing international treaties and compacts; and
(F)
ways to improve the setting of priorities and coordination of United States efforts to detect, track, disrupt, and stop terrorist financing, including recommendations for changes in executive branch organization or procedures, legislative reforms, additional resources, or use of appropriated funds.
* * * * * * *
Subtitle E—

Criminal History Background Checks
* * * * * * *
SEC. 6402.
[34 U.S.C. 41106]

REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT.
(a)

Short Title.—
This section may be cited as the “Private Security Officer Employment Authorization Act of 2004”.
(b)

Findings.—
Congress finds that—
(1)
employment of private security officers in the United States is growing rapidly;
(2)
private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime;
(3)
such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others;
(4)
sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers;
(5)
the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional, reliable, and responsible security officers for the protection of people, facilities, and institutions;
(6)
the trend in the Nation toward growth in such security services has accelerated rapidly;
(7)
such growth makes available more public sector law enforcement officers to combat serious and violent crimes, including terrorism;
(8)
the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; and
(9)
private security officers and applicants for private security officer positions should be thoroughly screened and trained.
(c)

Definitions.—
In this section:
(1)

Employee.—
The term “employee” includes both a current employee and an applicant for employment as a private security officer.
(2)

Authorized employer.—
The term “authorized employer” means any person that—
(A)
employs private security officers; and
(B)
is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification bureau pursuant to this section.
(3)

Private security officer.—
The term “private security officer”—
(A)
means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines by regulation that such exclusion would serve the public interest); but
(B)
does not include—
(i)
employees whose duties are primarily internal audit or credit functions;
(ii)
employees of electronic security system companies acting as technicians or monitors; or
(iii)
employees whose duties primarily involve the secure movement of prisoners.
(4)

Security services.—
The term “security services” means acts to protect people or property as defined by regulations promulgated by the Attorney General.
(5)

State identification bureau.—
The term “State identification bureau” means the State entity designated by the Attorney General for the submission and receipt of criminal history record information.
(d)

Criminal History Record Information Search.—
(1)

In general.—
(A)

Submission of fingerprints.—
An authorized employer may submit to the State identification bureau of a participating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this Act.
(B)

Employee rights.—
(i)

Permission.—
An authorized employer shall obtain written consent from an employee to submit to the State identification bureau of the participating State the request to search the criminal history record information of the employee under this Act.
(ii)

Access.—
An authorized employer shall provide to the employee confidential access to any information relating to the employee received by the authorized employer pursuant to this Act.
(C)

Providing information to the state identification bureau.—
Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this Act, submitted through the State identification bureau of a participating State, the Attorney General shall—
(i)
search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and
(ii)
promptly provide any resulting identification and criminal history record information to the submitting State identification bureau requesting the information.
(D)

Use of information.—
(i)

In general.—
Upon receipt of the criminal history record information from the Attorney General by the State identification bureau, the information shall be used only as provided in clause (ii).
(ii)

Terms.—
In the case of—
(I)
a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been—
- (aa)
convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or
- (bb)
charged with a criminal felony for which there has been no resolution during the preceding 365 days; or
(II)
a participating State that has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standards and shall only notify the employer of the results of the application of the State standards.
(E)

Frequency of requests.—
An authorized employer may request a criminal history record information search for an employee only once every 12 months of continuous employment by that employee unless the authorized employer has good cause to submit additional requests.
(2)

Regulations.—
Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including—
(A)
measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping;
(B)
standards for qualification as an authorized employer; and
(C)
the imposition of reasonable fees necessary for conducting the background checks.
(3)

Criminal penalties for use of information.—
Whoever knowingly and intentionally uses any information obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both.
(4)

User fees.—
(A)

In general.—
The Director of the Federal Bureau of Investigation may—
(i)
collect fees to process background checks provided for by this Act; and
(ii)
establish such fees at a level to include an additional amount to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs.
(B)

Limitations.—
Any fee collected under this subsection—
(i)
shall, consistent with Public Law 101–515 and Public Law 104–99, be credited to the appropriation to be used for salaries and other expenses incurred through providing the services described in such Public Laws and in subparagraph (A);
(ii)
shall be available for expenditure only to pay the costs of such activities and services; and
(iii)
shall remain available until expended.
(C)

State costs.—
Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this Act.
(5)

State opt out.—
A State may decline to participate in the background check system authorized by this Act by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this subsection.
SEC. 6403.

CRIMINAL HISTORY BACKGROUND CHECKS.
(a)

In General.—
Not later than 180 days after the date of enactment of this Act, the Attorney General shall report to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives regarding all statutory requirements for criminal history record checks that are required to be conducted by the Department of Justice or any of its components.
(b)

Definitions.—
As used in this section—
(1)
the terms “criminal history information” and “criminal history records” include—
(A)
an identifying description of the individual to whom the information or records pertain;
(B)
notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such individual; and
(C)
any disposition to a notation described in subparagraph (B), including acquittal, sentencing, correctional supervision, or release; and
(2)
the term “IAFIS” means the Integrated Automated Fingerprint Identification System of the Federal Bureau of Allocation, which serves as the national depository for fingerprint, biometric, and criminal history information, through which fingerprints are processed electronically.
(c)

Identification of Information.—
The Attorney General shall identify—
(1)
the number of criminal history record checks requested, including the type of information requested;
(2)
the usage of different terms and definitions regarding criminal history information; and
(3)
the variation in fees charged for such information and who pays such fees.
(d)

Recommendations.—
The Attorney General shall make recommendations to Congress for improving, standardizing, and consolidating the existing statutory authorization, programs, and procedures for the conduct of criminal history record checks for non-criminal justice purposes. In making these recommendations to Congress, the Attorney General shall consider—
(1)
the effectiveness and efficiency of utilizing commercially available databases as a supplement to IAFIS criminal history information checks;
(2)
any security concerns created by the existence of these commercially available databases concerning their ability to provide sensitive information that is not readily available about law enforcement or intelligence officials, including their identity, residence, and financial status;
(3)
the effectiveness of utilizing State databases;
(4)
any feasibility studies by the Department of Justice of the resources and structure of the Federal Bureau of Investigation to establish a system to provide criminal history information;
(5)
privacy rights and other employee protections, including—
(A)
employee consent;
(B)
access to the records used if employment was denied;
(C)
the disposition of the fingerprint submissions after the records are searched;
(D)
an appeal mechanism; and
(E)
penalties for misuse of the information;
(6)
the scope and means of processing background checks for private employers utilizing data maintained by the Federal Bureau of Investigation that the Attorney General should be allowed to authorize in cases where the authority for such checks is not available at the State level;
(7)
any restrictions that should be placed on the ability of an employer to charge an employee or prospective employee for the cost associated with the background check;
(8)
which requirements should apply to the handling of incomplete records;
(9)
the circumstances under which the criminal history information should be disseminated to the employer;
(10)
the type of restrictions that should be prescribed for the handling of criminal history information by an employer;
(11)
the range of Federal and State fees that might apply to such background check requests;
(12)
any requirements that should be imposed concerning the time for responding to such background check requests;
(13)
any infrastructure that may need to be developed to support the processing of such checks, including—
(A)
the means by which information is collected and submitted in support of the checks; and
(B)
the system capacity needed to process such checks at the Federal and State level;
(14)
the role that States should play; and
(15)
any other factors that the Attorney General determines to be relevant to the subject of the report.
(e)

Consultation.—
In developing the report under this section, the Attorney General shall consult with representatives of State criminal history record repositories, the National Crime Prevention and Privacy Compact Council, appropriate representatives of private industry, and representatives of labor, as determined appropriate by the Attorney General.
* * * * * * *
Subtitle G—

Providing Material Support to Terrorism
SEC. 6601.
[18 U.S.C. 2331 note]

SHORT TITLE.
This subtitle may be cited as the “Material Support to Terrorism Prohibition Enhancement Act of 2004”.
* * * * * * *
Subtitle H—

Stop Terrorist and Military Hoaxes Act of 2004
SEC. 6701.
[18 U.S.C. 1 note]

SHORT TITLE.
This subtitle may be cited as the “Stop Terrorist and Military Hoaxes Act of 2004”.
* * * * * * *
SEC. 6703.

OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.
(a) * * *
(b)
[28 U.S.C. 994 note]

Sentencing Guidelines.—
Not later than 30 days of the enactment of this section, the United States Sentencing Commission shall amend the Sentencing Guidelines to provide for an increased offense level for an offense under sections 1001(a) and 1505 of title 18, United States Code, if the offense involves international or domestic terrorism, as defined in section 2331 of such title.
* * * * * * *
Subtitle I—

Weapons of Mass Destruction Prohibition Improvement Act of 2004
SEC. 6801.
[18 U.S.C. 1 note]

SHORT TITLE.
This subtitle may be cited as the “Weapons of Mass Destruction Prohibition Improvement Act of 2004”.
SEC. 6802.

WEAPONS OF MASS DESTRUCTION.
(a) * * * * * * * * * *
(d)

Conforming Amendment to Regulations.—
(1) * * *
(2)
[18 U.S.C. 175b note]
The amendment made by paragraph (1) shall take effect at the same time that sections 73.4, 73.5, and 73.6 of title 42, Code of Federal Regulations, become effective.
* * * * * * *
Subtitle J—

Prevention of Terrorist Access to Destructive Weapons Act of 2004
SEC. 6901.
[18 U.S.C. 1 note]

SHORT TITLE.
This subtitle may be cited as the “Prevention of Terrorist Access to Destructive Weapons Act of 2004”.
SEC. 6902.
[18 U.S.C. 175c note]

FINDINGS AND PURPOSE.
(a)

Findings.—
Congress makes the following findings:
(1)
The criminal use of man-portable air defense systems (referred to in this section as “MANPADS”) presents a serious threat to civil aviation worldwide, especially in the hands of terrorists or foreign states that harbor them.
(2)
Atomic weapons or weapons designed to release radiation (commonly known as “dirty bombs”) could be used by terrorists to inflict enormous loss of life and damage to property and the environment.
(3)
Variola virus is the causative agent of smallpox, an extremely serious, contagious, and sometimes fatal disease. Variola virus is classified as a Category A agent by the Centers for Disease Control and Prevention, meaning that it is believed to pose the greatest potential threat for adverse public health impact and has a moderate to high potential for large-scale dissemination. The last case of smallpox in the United States was in 1949. The last naturally occurring case in the world was in Somalia in 1977. Although smallpox has been officially eradicated after a successful worldwide vaccination program, there remain two official repositories of the variola virus for research purposes. Because it is so dangerous, the variola virus may appeal to terrorists.
(4)
The use, or even the threatened use, of MANPADS, atomic or radiological weapons, or the variola virus, against the United States, its allies, or its people, poses a grave risk to the security, foreign policy, economy, and environment of the United States. Accordingly, the United States has a compelling national security interest in preventing unlawful activities that lead to the proliferation or spread of such items, including their unauthorized production, construction, acquisition, transfer, possession, import, or export. All of these activities markedly increase the chances that such items will be obtained by terrorist organizations or rogue states, which could use them to attack the United States, its allies, or United States nationals or corporations.
(5)
There is no legitimate reason for a private individual or company, absent explicit government authorization, to produce, construct, otherwise acquire, transfer, receive, possess, import, export, or use MANPADS, atomic or radiological weapons, or the variola virus.
(b)

Purpose.—
The purpose of this subtitle is to combat the potential use of weapons that have the ability to cause widespread harm to United States persons and the United States economy (and that have no legitimate private use) and to threaten or harm the national security or foreign relations of the United States.
* * * * * * *
TITLE VII—

IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001.
[6 U.S.C. 101 note]

SHORT TITLE.
This title may be cited as the “9/11 Commission Implementation Act of 2004”.
Subtitle A—

Diplomacy, Foreign Aid, and the Military in the War on Terrorism
SEC. 7101.
[22 U.S.C. 2656 note]

FINDINGS.
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Long-term success in the war on terrorism demands the use of all elements of national power, including diplomacy, military action, intelligence, covert action, law enforcement, economic policy, foreign aid, public diplomacy, and homeland defense.
(2)
To win the war on terrorism, the United States must assign to economic and diplomatic capabilities the same strategic priority that is assigned to military capabilities.
(3)
The legislative and executive branches of the Government of the United States must commit to robust, long-term investments in all of the tools necessary for the foreign policy of the United States to successfully accomplish the goals of the United States.
(4)
The investments referred to in paragraph (3) will require increased funding to United States foreign affairs programs in general, and to priority areas as described in this title in particular.
SEC. 7102.
[22 U.S.C. 2656f note]

TERRORIST SANCTUARIES.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Complex terrorist operations require locations that provide such operations sanctuary from interference by Government or law enforcement personnel.
(2)
A terrorist sanctuary existed in Afghanistan before September 11, 2001.
(3)
The terrorist sanctuary in Afghanistan provided direct and indirect value to members of al Qaeda who participated in the terrorist attacks on the United States on September 11, 2001, and in other terrorist operations.
(4)
Terrorist organizations have fled to some of the least governed and most lawless places in the world to find sanctuary.
(5)
During the 21st century, terrorists are often focusing on remote regions and failing states as locations to seek sanctuary.
(b)

Sense of Congress on United States Policy on Terrorist Sanctuaries.—
It is the sense of Congress that it should be the policy of the United States—
(1)
to identify foreign countries that are being used as terrorist sanctuaries;
(2)
to assess current United States resources and tools being used to assist foreign governments to eliminate such sanctuaries;
(3)
to develop and implement a coordinated strategy to prevent terrorists from using such foreign countries as sanctuaries; and
(4)
to work in bilateral and multilateral fora to elicit the cooperation needed to identify and address terrorist sanctuaries that may exist today, but, so far, remain unknown to governments.
(c)

Amendments to Existing Law To Include Terrorist Sanctuaries.—
(1) * * *
(2)
[50 U.S.C. app. 2405 note]

Rule of construction.—
Nothing in this subsection or the amendments made by this subsection shall be construed as affecting any determination made by the Secretary of State pursuant to section 6(j) of the Export Administration Act of 1979 with respect to a country prior to the date of enactment of this Act.
(3)
[50 U.S.C. app. 2405 note]

Implementation.—
The President shall implement the amendments made by paragraph (1) by exercising the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(d)
[22 U.S.C. 2656f note]

Amendments to Global Patterns of Terrorism Report.—
(1) * * * * * * * * * *
(4)
[22 U.S.C. 2656f note]

Effective date.—
The amendments made by this subsection apply with respect to the report required to be transmitted under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2006, and by April 30 of each subsequent year.
SEC. 7103.

UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
The Government of Pakistan has a critical role to perform in the struggle against terrorism.
(2)
Due to its location, topography, social conditions, and other factors, Pakistan can be attractive to extremists seeking refuge or opportunities to recruit or train, or a place from which to operate against Coalition Forces in Afghanistan.
(3)
A stable Pakistan, with a moderate, responsible government that serves as a voice of tolerance in the Muslim world, is critical to stability in the region.
(b)

Sense of Congress.—
It is the sense of Congress that the United States should—
(1)
help to ensure a promising, stable, and secure future for Pakistan over the long term;
(2)
provide a comprehensive program of assistance to encourage and enable Pakistan—
(A)
to continue and improve upon its commitment to combating extremists;
(B)
to seek to resolve any outstanding difficulties with its neighbors and other countries in its region;
(C)
to continue to make efforts to fully control its territory and borders;
(D)
to progress toward becoming a more effective and participatory democracy;
(E)
to participate more vigorously in the global marketplace and to continue to modernize its economy;
(F)
to take all necessary steps to halt the spread of weapons of mass destruction;
(G)
to improve and expand access to education for all citizens; and
(H)
to increase the number and level of exchanges between the Pakistani people and the American people; and
(3)
continue to provide assistance to Pakistan at not less than the overall levels requested by the President for fiscal year 2005.
* * * * * * *
SEC. 7104.
[22 U.S.C. 7501 note]

ASSISTANCE FOR AFGHANISTAN.
(a)

Short Title.—
This section may be cited as the “Afghanistan Freedom Support Act Amendments of 2004”.
(b)
[22 U.S.C. 7511 note]

Coordination of Assistance.—
(1)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A)
The United States and its allies in the international community have made progress in promoting economic and political reform within Afghanistan, including the establishment of a central government with a democratic constitution, a new currency, and a new army, the increase of personal freedom, and the elevation of the standard of living of many Afghans.
(B)
A number of significant obstacles must be overcome if Afghanistan is to become a secure and prosperous democracy, and such a transition depends in particular upon—
(i)
improving security throughout the country;
(ii)
disarming and demobilizing militias;
(iii)
curtailing the rule of the warlords;
(iv)
promoting equitable economic development;
(v)
protecting the human rights of the people of Afghanistan;
(vi)
continuing to hold elections for public officials; and
(vii)
ending the cultivation, production, and trafficking of narcotics.
(C)
The United States and the international community must make a long-term commitment to addressing the unstable security situation in Afghanistan and the burgeoning narcotics trade, endemic poverty, and other serious problems in Afghanistan in order to prevent that country from relapsing into a sanctuary for international terrorism.
(2)

Sense of congress.—
It is the sense of Congress that the United States Government should take, with respect to Afghanistan, the following actions:
(A)
Work with other nations to obtain long-term security, political, and financial commitments and fulfillment of pledges to the Government of Afghanistan to accomplish the objectives of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a secure, democratic, and prosperous Afghanistan that respects the rights of its citizens and is free of international terrorist organizations.
(B)
Use the voice and vote of the United States in relevant international organizations, including the North Atlantic Treaty Organization and the United Nations Security Council, to strengthen international commitments to assist the Government of Afghanistan in enhancing security, building national police and military forces, increasing counter-narcotics efforts, and expanding infrastructure and public services throughout the country.
(C)
Take appropriate steps to increase the assistance provided under programs of the Department of State and the United States Agency for International Development throughout Afghanistan and to increase the number of personnel of those agencies in Afghanistan as necessary to support the increased assistance.
(c)
[22 U.S.C. 7514 note]

Coordinator for Assistance.—
(1)

Findings.—
Congress makes the following findings:
(A)
The Final Report of the National Commission on Terrorist Attacks Upon the United States criticized the provision of United States assistance to Afghanistan for being too inflexible.
(B)
The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) contains provisions that provide for flexibility in the provision of assistance for Afghanistan and are not subject to the requirements of typical foreign assistance programs and provide for the designation of a coordinator to oversee United States assistance for Afghanistan.
* * * * * * *
(e)

General Provisions Relating to the Afghanistan Freedom Support Act of 2002.—
(1)

Assistance to promote economic, political and social development.—
(A)
[22 U.S.C. 7513 note]

Declaration of policy.—
Congress reaffirms the authorities contained in title I of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.), relating to economic and democratic development assistance for Afghanistan.
(B)

Provision of assistance.—
Section 103(a) of such Act (22 U.S.C. 7513(a)) is amended in the matter preceding paragraph (1) by striking “section 512 of Public Law 107–115 or any other similar” and inserting “any other”.
(2)
[22 U.S.C. 7511 note]

Declarations of general policy.—
Congress makes the following declarations:
(A)
The United States reaffirms the support that it and other countries expressed for the report entitled “Securing Afghanistan's Future” in their Berlin Declaration of April 2004. The United States should help enable the growth needed to create an economically sustainable Afghanistan capable of the poverty reduction and social development foreseen in the report.
(B)
The United States supports the parliamentary elections to be held in Afghanistan by April 2005 and will help ensure that such elections are not undermined, including by warlords or narcotics traffickers.
(C)
The United States continues to urge North Atlantic Treaty Organization members and other friendly countries to make much greater military contributions toward securing the peace in Afghanistan.
* * * * * * *
(f)

Education, the Rule of Law, and Related Issues.—
(1)
[22 U.S.C. 7513 note]

Declaration of policy.—
Congress declares that, although Afghanistan has adopted a new constitution and made progress on primary education, the United States must invest in a concerted effort in Afghanistan to improve the rule of law, good governance, and effective policing, to accelerate work on secondary and university education systems, and to establish new initiatives to increase the capacity of civil society.
* * * * * * *
(h)

United States Policy To Support Disarmament of Private Militias and Expansion of International Peacekeeping and Security Operations in Afghanistan.—
(1)
[22 U.S.C. 7536 note]

United states policy relating to disarmament of private militias.—
(A)

In general.—
It shall be the policy of the United States to take immediate steps to provide active support for the disarmament, demobilization, and reintegration of armed soldiers, particularly child soldiers, in Afghanistan, in close consultation with the President of Afghanistan.
(B)

Report.—
The report required under section 206(c)(2) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) shall include a description of the progress to implement paragraph (1).
* * * * * * *
SEC. 7105.

THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Despite a long history of friendly relations with the United States, there have been problems in cooperation between the United States and Saudi Arabia.
(2)
The Government of Saudi Arabia has not always responded promptly or fully to United States requests for assistance in the global war on Islamist terrorism.
(3)
The Government of Saudi Arabia has not done all it can to prevent financial or other support from being provided to, or reaching, extremist organizations in Saudi Arabia or other countries.
(4)
Counterterrorism cooperation between the Governments of the United States and Saudi Arabia has improved significantly since the terrorist bombing attacks in Riyadh, Saudi Arabia, on May 12, 2003, and the Government of Saudi Arabia is now pursuing al Qaeda and other terror groups operating inside Saudi Arabia.
(5)
The United States must enhance its cooperation and strong relationship with Saudi Arabia based upon a shared and public commitment to political and economic reform, greater tolerance and respect for religious and cultural diversity and joint efforts to prevent funding for and support of extremist organizations in Saudi Arabia and elsewhere.
(b)

Sense of Congress.—
It is the sense of Congress that there should be a more robust dialogue between the people and Government of the United States and the people and Government of Saudi Arabia in order to improve the relationship between the United States and Saudi Arabia.
SEC. 7106.

EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
While support for the United States has plummeted in the Islamic world, many negative views are uninformed, at best, and, at worst, are informed by coarse stereotypes and caricatures.
(2)
Local newspapers in countries with predominantly Muslim populations and influential broadcasters who reach Muslim audiences through satellite television often reinforce the idea that the people and Government of the United States are anti-Muslim.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
the Government of the United States should offer an example of moral leadership in the world that includes a commitment to treat all people humanely, abide by the rule of law, and be generous to the people and governments of other countries;
(2)
the United States should cooperate with governments of countries with predominantly Muslim populations to foster agreement on respect for human dignity and opportunity, and to offer a vision of a better future that includes stressing life over death, individual educational and economic opportunity, widespread political participation, contempt for violence, respect for the rule of law, openness in discussing differences, and tolerance for opposing points of view;
(3)
the United States should encourage reform, freedom, democracy, and opportunity for Muslims; and
(4)
the United States should work to defeat extremism in all its form, especially in nations with predominantly Muslim populations by providing assistance to governments, non-governmental organizations, and individuals who promote modernization.
SEC. 7107.

UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a)

Finding.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress finds that short-term gains enjoyed by the United States through cooperation with repressive dictatorships have often been outweighed by long-term setbacks for the stature and interests of the United States.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
United States foreign policy should promote the importance of individual educational and economic opportunity, encourage widespread political participation, condemn violence, and promote respect for the rule of law, openness in discussing differences among people, and tolerance for opposing points of view; and
(2)
the United States Government must encourage the governments of all countries with predominantly Muslim populations, including those that are friends and allies of the United States, to promote the value of life and the importance of individual education and economic opportunity, encourage widespread political participation, condemn violence and promote the rule of law, openness in discussing differences among people, and tolerance for opposing points of view.
SEC. 7108.
[22 U.S.C. 1431 note]

PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
(a)

Promotion of United States Values Through Broadcast Media.—
(1)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A)
Although the United States has demonstrated and promoted its values in defending Muslims against tyrants and criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is neither convincingly presented nor widely understood.
(B)
If the United States does not act to vigorously define its message in countries with predominantly Muslim populations, the image of the United States will be defined by Islamic extremists who seek to demonize the United States.
(C)
Recognizing that many Muslim audiences rely on satellite television and radio, the United States Government has launched promising initiatives in television and radio broadcasting to the Islamic world, including Iran and Afghanistan.
(2)

Sense of congress.—
It is the sense of Congress that—
(A)
the United States must do more to defend and promote its values and ideals to the broadest possible audience in countries with predominantly Muslim populations;
(B)
United States efforts to defend and promote these values and ideals are beginning to ensure that accurate expressions of these values reach large Muslim audiences and should be robustly supported;
(C)
the United States Government could and should do more to engage Muslim audiences in the struggle of ideas; and
(D)
the United States Government should more intensively employ existing broadcast media in the Islamic world as part of this engagement.
(b)

Enhancing Free and Independent Media.—
(1)

Findings.—
Congress makes the following findings:
(A)
Freedom of speech and freedom of the press are fundamental human rights.
(B)
The United States has a national interest in promoting these freedoms by supporting free media abroad, which is essential to the development of free and democratic societies consistent with our own.
(C)
Free media is undermined, endangered, or nonexistent in many repressive and transitional societies around the world, including in Eurasia, Africa, and the Middle East.
(D)
Individuals lacking access to a plurality of free media are vulnerable to misinformation and propaganda and are potentially more likely to adopt anti-United States views.
(E)
Foreign governments have a responsibility to actively and publicly discourage and rebut unprofessional and unethical media while respecting journalistic integrity and editorial independence.
(2)

Statement of policy.—
It shall be the policy of the United States, acting through the Secretary of State, to—
(A)
ensure that the promotion of freedom of the press and freedom of media worldwide is a priority of United States foreign policy and an integral component of United States public diplomacy;
(B)
respect the journalistic integrity and editorial independence of free media worldwide; and
(C)
ensure that widely accepted standards for professional and ethical journalistic and editorial practices are employed when assessing international media.
(c)

Establishment of Media Network.—
(1)

Grants for establishment of network.—
The Secretary of State shall, utilizing amounts authorized to be appropriated by subsection (e)(2), make grants to the National Endowment for Democracy (NED) under the National Endowment for Democracy Act (22 U.S.C. 4411 et seq.) for utilization by the Endowment to provide funding to a private sector group to establish and manage a free and independent media network as specified in paragraph (2).
(2)

Media network.—
The media network established using funds under paragraph (1) shall provide an effective forum to convene a broad range of individuals, organizations, and governmental participants involved in journalistic activities and the development of free and independent media in order to—
(A)
fund a clearinghouse to collect and share information concerning international media development and training;
(B)
improve research in the field of media assistance and program evaluation to better inform decisions regarding funding and program design for government and private donors;
(C)
explore the most appropriate use of existing means to more effectively encourage the involvement of the private sector in the field of media assistance; and
(D)
identify effective methods for the development of a free and independent media in societies in transition.
(d)

Authorizations of Appropriations.—
(1)

In general.—
There are authorized to be appropriated for each of fiscal years 2005 and 2006, unless otherwise authorized by Congress, such sums as may be necessary to carry out United States Government broadcasting activities consistent with this section under the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6501 et seq.), and to carry out other activities under this section consistent with the purposes of such Acts, unless otherwise authorized by Congress.
(2)

Grants for media network.—
In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated for each of fiscal years 2005 and 2006, unless otherwise authorized by Congress, such sums as may be necessary for grants under subsection (c)(1) for the establishment of the media network described in subsection (c)(2).
SEC. 7109.

PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
(a) * * *
(b)

Functions of the Under Secretary of State for Public Diplomacy.—
(1) * * *
(2)
[22 U.S.C. 2651a note]

Consultation.—
The Under Secretary of State for Public Diplomacy, in carrying out the responsibilities described in section 1(b)(3) of such Act (as amended by paragraph (1)), shall consult with public diplomacy officers operating at United States overseas posts and in the regional bureaus of the Department of State.
SEC. 7110.
[22 U.S.C. 3922b]

PUBLIC DIPLOMACY TRAINING.
(a)

Statement of Policy.—
The following should be the policy of the United States:
(1)
The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy.
(2)
United States chiefs of mission should have a prominent role in the formulation of public diplomacy strategies for the countries and regions to which they are assigned and should be accountable for the operation and success of public diplomacy efforts at their posts.
(3)
Initial and subsequent training of Foreign Service officers should be enhanced to include information and training on public diplomacy and the tools and technology of mass communication.
(b)

Personnel.—
(1)

Qualifications.—
In the recruitment, training, and assignment of members of the Foreign Service, the Secretary of State—
(A)
should emphasize the importance of public diplomacy and applicable skills and techniques;
(B)
should consider the priority recruitment into the Foreign Service, including at middle-level entry, of individuals with expertise and professional experience in public diplomacy, mass communications, or journalism; and
(C)
shall give special consideration to individuals with language facility and experience in particular countries and regions.
(2)

Languages of special interest.—
The Secretary of State shall seek to increase the number of Foreign Service officers proficient in languages spoken in countries with predominantly Muslim populations. Such increase should be accomplished through the recruitment of new officers and incentives for officers in service.
* * * * * * *
SEC. 7111.

PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL ORGANIZATIONS.
(a)

Support and Expansion of Democracy Caucus.—
(1)

In general.—
The President, acting through the Secretary of State and the relevant United States chiefs of mission, should—
(A)
continue to strongly support and seek to expand the work of the democracy caucus at the United Nations General Assembly and the United Nations Human Rights Commission; and
(B)
seek to establish a democracy caucus at the United Nations Conference on Disarmament and at other broad-based international organizations.
(2)

Purposes of the caucus.—
A democracy caucus at an international organization should—
(A)
forge common positions, including, as appropriate, at the ministerial level, on matters of concern before the organization and work within and across regional lines to promote agreed positions;
(B)
work to revise an increasingly outmoded system of membership selection, regional voting, and decisionmaking; and
(C)
establish a rotational leadership agreement to provide member countries an opportunity, for a set period of time, to serve as the designated president of the caucus, responsible for serving as its voice in each organization.
(b)

Leadership and Membership of International Organizations.—
The President, acting through the Secretary of State, the relevant United States chiefs of mission, and, where appropriate, the Secretary of the Treasury, should use the voice, vote, and influence of the United States to—
(1)
where appropriate, reform the criteria for leadership and, in appropriate cases, for membership, at all United Nations bodies and at other international organizations and multilateral institutions to which the United States is a member so as to exclude countries that violate the principles of the specific organization;
(2)
make it a policy of the United Nations and other international organizations and multilateral institutions of which the United States is a member that a member country may not stand in nomination for membership or in nomination or in rotation for a significant leadership position in such bodies if the member country is subject to sanctions imposed by the United Nations Security Council; and
(3)
work to ensure that no member country stand in nomination for membership, or in nomination or in rotation for a significant leadership position in such organizations, or for membership on the United Nations Security Council, if the government of the member country has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism.
(c)

Increased Training in Multilateral Diplomacy.—
(1)

Statement of policy.—
It shall be the policy of the United States that training courses should be established for Foreign Service Officers and civil service employees of the State Department, including appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of negotiations at international organizations and multilateral institutions, negotiating skills that are required at multilateral settings, coalition-building techniques, and lessons learned from previous United States multilateral negotiations.
(2)

Personnel.—
(A)

In general.—
The Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the Service.
(B)

Actions of the Secretary.—
The Secretary shall ensure that—
(i)
officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry into the Service; and
(ii)
officers of the Service, including chiefs of
mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy toward such organizations and institutions or toward participation in broad-based multilateral negotiations of international instruments, receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.
(3)

Training for civil service employees.—
The Secretary shall ensure that employees of the Department of State who are members of the civil service and who are assigned to positions described in paragraph (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at such time is not practical, within the first year of beginning such assignment.
SEC. 7112.
[22 U.S.C. 2451 note]

EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Exchange, scholarship, and library programs are effective ways for the United States Government to promote internationally the values and ideals of the United States.
(2)
Exchange, scholarship, and library programs can expose young people from other countries to United States values and offer them knowledge and hope.
(b)

Declaration of Policy.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress declares that—
(1)
the United States should commit to a long-term and sustainable investment in promoting engagement with people of all levels of society in countries with predominantly Muslim populations, particularly with youth and those who influence youth;
(2)
such an investment should make use of the talents and resources in the private sector and should include programs to increase the number of people who can be exposed to the United States and its fundamental ideas and values in order to dispel misconceptions; and
(3)
such programs should include youth exchange programs, young ambassadors programs, international visitor programs, academic and cultural exchange programs, American Corner programs, library programs, journalist exchange programs, sister city programs, and other programs related to people-to-people diplomacy.
(c)

Sense of Congress.—
It is the sense of Congress that the United States should significantly increase its investment in the people-to-people programs described in subsection (b).
(d)

Authority To Expand Educational and Cultural Exchanges.—
The President is authorized to substantially expand the exchange, scholarship, and library programs of the United States, especially such programs that benefit people in the Muslim world.
(e)

Availability of Funds.—
Of the amounts authorized to be appropriated in each of the fiscal years 2005 and 2006 for educational and cultural exchange programs, there shall be available to the Secretary of State such sums as may be necessary to carry out programs under this section, unless otherwise authorized by Congress.
SEC. 7113.
[22 U.S.C. 2452 note]

PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
(a)

Findings.—
Congress makes the following findings:
(1)
During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in foreign countries.
(2)
United States-sponsored elementary and secondary schools are located in more than 20 countries with predominantly Muslim populations in the Near East, Africa, South Asia, Central Asia, and East Asia.
(3)
United States-sponsored elementary and secondary schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills.
(b)

Statement of Policy.—
The United States has an interest in increasing the level of financial support provided to United States-sponsored elementary and secondary schools in countries with predominantly Muslim populations in order to—
(1)
increase the number of students in such countries who attend such schools;
(2)
increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States; and
(3)
increase the number of young people who may thereby improve their proficiency in the English language.
(c)

Program.—
The Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may conduct a program to make grants to United States-sponsored elementary and secondary schools in countries with predominantly Muslim populations for the purpose of providing full or partial merit-based scholarships to students from lower-income and middle-income families of such countries to attend such schools.
(d)

Determination of Eligible Students.—
For purposes of the program, a United States-sponsored elementary and secondary school that receives a grant under the program may establish criteria to be implemented by such school to determine what constitutes lower-income and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located.
(e)

Restriction on Use of Funds.—
Amounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (h) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or for any other activity of the Office.
(f)

Voluntary Participation.—
Nothing in this section shall be construed to require participation in the program by a United States-sponsored elementary or secondary school in a predominantly Muslim country.
(g)

Report.—
Not later than April 15, 2006, and April 15, 2008, the Secretary of State shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the program. The report shall assess the success of the program, examine any obstacles encountered in its implementation, and address whether it should be continued, and if so, provide recommendations to increase its effectiveness.
(h)

Funding.—
There are authorized to be appropriated to the Secretary of State for each of the fiscal years 2007 and 2008, unless otherwise authorized by Congress, such sums as necessary to implement the program under this section.
SEC. 7114.
[22 U.S.C. 2228]

INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
(a)

Purpose.—
The purpose of this section is to strengthen the public educational systems in predominantly Muslim countries by—
(1)
authorizing the establishment of an International Muslim Youth Educational Fund through which the United States dedicates resources, either through a separate fund or through an international organization, to assist those countries that commit to education reform; and
(2)
providing resources for the Fund and to the President to help strengthen the public educational systems in those countries.
(b)

Establishment of Fund.—
(1)

Authority.—
The President is authorized to establish an International Muslim Youth Opportunity Fund and to carry out programs consistent with paragraph (4) under existing authorities, including the Mutual Educational and Cultural Exchange Act of 1961 (commonly referred to as the “Fulbright-Hays Act”).
(2)

Location.—
The Fund may be established—
(A)
as a separate fund in the Treasury; or
(B)
through an international organization or international financial institution, such as the United Nations Educational, Science and Cultural Organization, the United Nations Development Program, or the International Bank for Reconstruction and Development.
(3)

Transfers and receipts.—
The head of any department, agency, or instrumentality of the United States Government may transfer any amount to the Fund, and the Fund may receive funds from private enterprises, foreign countries, or other entities.
(4)

Activities of the fund.—
The Fund shall support programs described in this paragraph to improve the education environment in predominantly Muslim countries.
(A)

Assistance to enhance modern educational programs.—
(i)
The establishment in predominantly Muslim countries of a program of reform to create a modern education curriculum in the public educational systems in such countries.
(ii)
The establishment or modernization of educational materials to advance a modern educational curriculum in such systems.
(iii)
Teaching English to adults and children.
(iv)
The enhancement in predominantly Muslim countries of community, family, and student participation in the formulation and implementation of education strategies and programs in such countries.
(B)

Assistance for training and exchange programs for teachers, administrators, and students.—
(i)
The establishment of training programs for teachers and educational administrators to enhance skills, including the establishment of regional centers to train individuals who can transfer such skills upon return to their countries.
(ii)
The establishment of exchange programs for teachers and administrators in predominantly Muslim countries and with other countries to stimulate additional ideas and reform throughout the world, including teacher training exchange programs focused on primary school teachers in such countries.
(iii)
The establishment of exchange programs for primary and secondary students in predominantly Muslim countries and with other countries to foster understanding and tolerance and to stimulate long-standing relationships.
(C)

Assistance targeting primary and secondary students.—
(i)
The establishment in predominantly Muslim countries of after-school programs, civic education programs, and education programs focusing on life skills, such as inter-personal skills and social relations and skills for healthy living, such as nutrition and physical fitness.
(ii)
The establishment in predominantly Muslim countries of programs to improve the proficiency of primary and secondary students in information technology skills.
(D)

Assistance for development of youth professionals.—
(i)
The establishment of programs in predominantly Muslim countries to improve vocational training in trades to help strengthen participation of Muslims and Arabs in the economic development of their countries.
(ii)
The establishment of programs in predominantly Muslim countries that target older Muslim youths not in school in such areas as entrepreneurial skills, accounting, micro-finance activities, work training, financial literacy, and information technology.
(E)

Other types of assistance.—
(i)
The translation of foreign books, newspapers, reference guides, and other reading materials into local languages.
(ii)
The construction and equipping of modern community and university libraries.
(5)

Authorization of appropriations.—
(A)

In general.—
There is authorized to be appropriated to the President to carry out this section such sums as may be necessary for fiscal years 2008, 2009, and 2010.
(B)

Availability.—
Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.
(C)

Additional funds.—
Amounts authorized to be appropriated under subsection (a) shall be in addition to amounts otherwise available for such purposes.
(6)

Report to congress.—
Not later than 180 days after the date of the enactment of this section and annually thereafter until January 30, 2010, the President shall submit to the appropriate congressional committees a report on United States efforts to assist in the improvement of educational opportunities for predominantly Muslim children and youths, including the progress made toward establishing the International Muslim Youth Opportunity Fund.
(7)

Appropriate congressional committees defined.—
In this subsection, the term “appropriate congressional committees” means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
SEC. 7115.

THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
While terrorism is not caused by poverty, breeding grounds for terrorism are created by backward economic policies and repressive political regimes.
(2)
Policies that support economic development and reform also have political implications, as economic and political liberties are often linked.
(3)
The United States is working toward creating a Middle East Free Trade Area by 2013 and implementing a free trade agreement with Bahrain, and free trade agreements exist between the United States and Israel and the United States and Jordan.
(4)
Existing and proposed free trade agreements between the United States and countries with predominantly Muslim populations are drawing interest from other countries in the Middle East region, and countries with predominantly Muslim populations can become full participants in the rules-based global trading system, as the United States considers lowering its barriers to trade.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
a comprehensive United States strategy to counter terrorism should include economic policies that encourage development, open societies, and opportunities for people to improve the lives of their families and to enhance prospects for their children's future;
(2)
one element of such a strategy should encompass the lowering of trade barriers with the poorest countries that have a significant population of Muslim individuals;
(3)
another element of such a strategy should encompass United States efforts to promote economic reform in countries that have a significant population of Muslim individuals, including efforts to integrate such countries into the global trading system; and
(4)
given the importance of the rule of law in promoting economic development and attracting investment, the United States should devote an increased proportion of its assistance to countries in the Middle East to the promotion of the rule of law.
SEC. 7116.

MIDDLE EAST PARTNERSHIP INITIATIVE.
(a)

Authorization of Appropriations.—
There are authorized to be appropriated for each of fiscal years 2005 and 2006, (unless otherwise authorized by Congress) such sums as may be necessary for the Middle East Partnership Initiative.
(b)

Sense of Congress.—
It is the sense of Congress that, given the importance of the rule of law and economic reform to development in the Middle East, a significant portion of the funds authorized to be appropriated under subsection (a) should be made available to promote the rule of law in the Middle East.
SEC. 7117.
[22 U.S.C. 2656 note]

COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Almost every aspect of the counterterrorism strategy of the United States relies on international cooperation.
(2)
Since September 11, 2001, the number and scope of United States Government contacts with foreign governments concerning counterterrorism have expanded significantly, but such contacts have often been ad hoc and not integrated as a comprehensive and unified approach to counterterrorism.
(b)

In General.—
The Secretary of State is authorized in consultation with relevant United States Government agencies, to negotiate on a bilateral or multilateral basis, as appropriate, international agreements under which parties to an agreement work in partnership to address and interdict acts of international terrorism.
(c)

International Contact Group on Counterterrorism.—
(1)

Sense of congress.—
It is the sense of Congress that the President—
(A)
should seek to engage the leaders of the governments of other countries in a process of advancing beyond separate and uncoordinated national counterterrorism strategies to develop with those other governments a comprehensive multilateral strategy to fight terrorism; and
(B)
to that end, should seek to establish an international counterterrorism policy contact group with the leaders of governments providing leadership in global counterterrorism efforts and governments of countries with sizable Muslim populations, to be used as a ready and flexible international means for discussing and coordinating the development of important counterterrorism policies by the participating governments.
(2)

Authority.—
The President is authorized to establish an international counterterrorism policy contact group with the leaders of governments referred to in paragraph (1) for the following purposes:
(A)
To meet annually, or more frequently as the President determines appropriate, to develop in common with such other governments important policies and a strategy that address the various components of international prosecution of the war on terrorism, including policies and a strategy that address military issues, law enforcement, the collection, analysis, and dissemination of intelligence, issues relating to interdiction of travel by terrorists, counterterrorism-related customs issues, financial issues, and issues relating to terrorist sanctuaries.
(B)
To address, to the extent (if any) that the President and leaders of other participating governments determine appropriate, long-term issues that can contribute to strengthening stability and security in the Middle East.
SEC. 7118.

FINANCING OF TERRORISM.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
The death or capture of several important financial facilitators has decreased the amount of money available to al Qaeda, and has made it more difficult for al Qaeda to raise and move money.
(2)
The capture of al Qaeda financial facilitators has provided a windfall of intelligence that can be used to continue the cycle of disruption.
(3)
The United States Government has rightly recognized that information about terrorist money helps in understanding terror networks, searching them out, and disrupting their operations.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
a critical weapon in the effort to stop terrorist financing should be the targeting of terrorist financial facilitators by intelligence and law enforcement agencies; and
(2)
efforts to track terrorist financing must be paramount in United States counterterrorism efforts.
SEC. 7119.

DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) * * * * * * * * * *
(d)
[8 U.S.C. 1189 note]

Savings Provision.—
For purposes of applying section 219 of the Immigration and Nationality Act on or after the date of enactment of this Act, the term “designation”, as used in that section, includes all redesignations made pursuant to section 219(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this Act, and such redesignations shall continue to be effective until revoked as provided in paragraph (5) or (6) of section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
SEC. 7120.

REPORT TO CONGRESS.
(a)

In General.—
Not later than 180 days after the date of enactment of this Act, the President shall submit to Congress a report on the activities of the Government of the United States to carry out the provisions of this subtitle.
(b)

Contents.—
The report required under this section shall include the following:
(1)

Terrorist sanctuaries.—
A description of the strategy of the United States to address and, where possible, eliminate terrorist sanctuaries, including—
(A)
a description of the terrorist sanctuaries that exist;
(B)
an outline of strategies, tactics, and tools for disrupting or eliminating the security provided to terrorists by such sanctuaries;
(C)
a description of efforts by the United States Government to work with other countries in bilateral and multilateral fora to elicit the cooperation needed to identify and address terrorist sanctuaries that may exist unknown to governments; and
(D)
a description of long-term goals and actions designed to reduce the conditions that allow the formation of terrorist sanctuaries, such as supporting and strengthening host governments, reducing poverty,
increasing economic development, strengthening civil society, securing borders, strengthening internal security forces, and disrupting logistics and communications networks of terrorist groups.
(2)

Support for pakistan.—
A description of a United States strategy to engage with Pakistan and to support it over the long term, including—
(A)
recommendations on the composition and levels of assistance required in future years, with special consideration of the proper balance between security assistance and other forms of assistance;
(B)
a description of the composition and levels of assistance, other than security assistance, at present and in the recent past, structured to permit a comparison of current and past practice with that recommended for the future;
(C)
measures that could be taken to ensure that all forms of foreign assistance to Pakistan have the greatest possible long-term positive impact on the welfare of the Pakistani people and on the ability of Pakistan to cooperate in global efforts against terror; and
(D)
measures that could be taken to alleviate difficulties, misunderstandings, and complications in the relationship between the United States and Pakistan.
(3)

Collaboration with saudi arabia.—
A description of the strategy of the United States for expanding collaboration with the Government of Saudi Arabia on subjects of mutual interest and of importance, including a description of—
(A)
steps that could usefully be taken to institutionalize and make more transparent government to government relationships between the United States and Saudi Arabia, including the utility of undertaking periodic, formal, and visible high-level dialogues between government officials of both countries to address challenges in the relationship between the 2 governments and to identify areas and mechanisms for cooperation;
(B)
intelligence and security cooperation between the United States and Saudi Arabia in the fight against Islamist terrorism;
(C)
ways to increase the contribution of Saudi Arabia to the stability of the Middle East and the Islamic world, particularly to the Middle East peace process, by eliminating support from or within Saudi Arabia for extremist groups or tendencies;
(D)
political and economic reform in Saudi Arabia and throughout the Islamic world;
(E)
ways to promote greater tolerance and respect for cultural and religious diversity in Saudi Arabia and throughout the Islamic world; and
(F)
ways to assist the Government of Saudi Arabia in reversing the impact of any financial, moral, intellectual, or other support provided in the past from Saudi sources to extremist groups in Saudi Arabia and other countries, and to prevent this support from continuing in the future.
(4)

Struggle of ideas in the islamic world.—
A description of a cohesive, long-term strategy of the United States to help win the struggle of ideas in the Islamic world, including the following:
(A)
A description of specific goals related to winning this struggle of ideas.
(B)
A description of the range of tools available to the United States Government to accomplish such goals and the manner in which such tools will be employed.
(C)
A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of such goals.
(D)
A description of any additional resources that may be necessary to help win this struggle of ideas.
(E)
Any recommendations for the creation of, and United States participation in, international institutions for the promotion of democracy and economic diversification in the Islamic world, and intraregional trade in the Middle East.
(F)
An estimate of the level of United States financial assistance that would be sufficient to convince United States allies and people in the Islamic world that engaging in the struggle of ideas in the Islamic world is a top priority of the United States and that the United States intends to make a substantial and sustained commitment toward winning this struggle.
(5)

Outreach through broadcast media.—
A description of a cohesive, long-term strategy of the United States to expand its outreach to foreign Muslim audiences through broadcast media, including the following:
(A)
The initiatives of the Broadcasting Board of Governors with respect to outreach to foreign Muslim audiences.
(B)
An outline of recommended actions that the United States Government should take to more regularly and
comprehensively present a United States point of view through indigenous broadcast media in countries with predominantly Muslim populations, including increasing appearances by United States Government officials, experts, and citizens.
(C)
An assessment of the major themes of biased or false media coverage of the United States in foreign countries and the actions taken to address this type of media coverage.
(D)
An assessment of potential incentives for, and costs associated with, encouraging United States broadcasters to dub or subtitle into Arabic and other relevant languages their news and public affairs programs broadcast in the Muslim world in order to present those programs to a much broader Muslim audience than is currently reached.
(E)
Any recommendations the President may have for additional funding and legislation necessary to achieve the objectives of the strategy.
(6)

Visas for participants in united states programs.—
A description of—
(A)
any recommendations for expediting the issuance of visas to individuals who are entering the United States for the purpose of participating in a scholarship, exchange, or visitor program described in section 7111(b) without compromising the security of the United States; and
(B)
a proposed schedule for implementing any recommendations described in subparagraph (A).
(7)

Basic education in muslim countries.—
A description of a strategy, that was developed after consultation with nongovernmental organizations and individuals involved in
education assistance programs in developing countries, to promote free universal basic education in the countries of the Middle East and in other countries with predominantly Muslim populations designated by the President. The strategy shall include the following elements:
(A)
A description of the manner in which the resources of the United States and the international community shall be used to help achieve free universal basic education in such countries, including—
(i)
efforts of the United States to coordinate an international effort;
(ii)
activities of the United States to leverage contributions from members of the Group of Eight or other donors; and
(iii)
assistance provided by the United States to leverage contributions from the private sector and civil society organizations.
(B)
A description of the efforts of the United States to coordinate with other donors to reduce duplication and waste at the global and country levels and to ensure efficient coordination among all relevant departments and agencies of the Government of the United States.
(C)
A description of the strategy of the United States to assist efforts to overcome challenges to achieving free universal basic education in such countries, including strategies to target hard to reach populations to promote education.
(D)
A listing of countries that the President determines might be eligible for assistance under the International Youth Opportunity Fund described in section 7114(b) and related programs.
(E)
A description of the efforts of the United States to encourage countries in the Middle East and other countries with predominantly Muslim populations designated by the President to develop and implement a national education plan.
(F)
A description of activities that could be carried out as part of the International Youth Opportunity Fund to help close the digital divide and expand vocational and business skills in such countries.
(G)
An estimate of the funds needed to achieve free universal basic education by 2015 in each country described in subparagraph (D), and an estimate of the amount that has been expended by the United States and by each such country during the previous fiscal year.
(H)
A description of the United States strategy for garnering programmatic and financial support from countries in the Middle East and other countries with predominantly Muslim populations designated by the President, international organizations, and other countries that share the objectives of the International Youth Opportunity Fund.
(8)

Economic reform.—
A description of the efforts of the United States Government to encourage development and promote economic reform in countries that have a predominantly Muslim population, including a description of—
(A)
efforts to integrate countries with predominantly Muslim populations into the global trading system; and
(B)
actions that the United States Government, acting alone and in partnership with governments in the Middle East, can take to promote intraregional trade and the rule of law in the region.
(c)

Form of Report.—
Any report or other matter that is required to be submitted to Congress (including a committee of Congress) under this section may contain a classified annex.
* * * * * * *
SEC. 7122.
[1 U.S.C. 112a note]

EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of this Act.
Subtitle B—

Terrorist Travel and Effective Screening
SEC. 7201.

COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a)
[8 U.S.C. 1776 note]

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)
[50 U.S.C. 3056 note]

In general.—
Not later than 1 year after the date of enactment of this Act, the Director of the National Counterterrorism Center shall submit to Congress unclassified and classified versions of a strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility domestically and internationally. The report to Congress should include a description of the actions taken to implement the strategy and an assessment regarding vulnerabilities within the United States and foreign travel systems that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.
(2)

Coordination.—
The strategy shall be developed in coordination with all relevant Federal agencies.
(3)

Contents.—
The strategy may address—
(A)
a program for collecting, analyzing, disseminating, and utilizing information and intelligence regarding terrorist travel tactics and methods, and outline which Federal intelligence, diplomatic, and law enforcement agencies will be held accountable for implementing each element of the strategy;
(B)
the intelligence and law enforcement collection, analysis, operations, and reporting required to identify and disrupt terrorist travel tactics, practices, patterns, and trends, and the terrorist travel facilitators, document forgers, human smugglers, travel agencies, and corrupt border and transportation officials who assist terrorists;
(C)
the training and training materials required by consular, border, and immigration officials to effectively detect and disrupt terrorist travel described under subsection (c)(3);
(D)
the new technology and procedures required and actions to be taken to integrate existing counterterrorist travel document and mobility intelligence into border security processes, including consular, port of entry, border patrol, maritime, immigration benefits, and related law enforcement activities;
(E)
the actions required to integrate current terrorist mobility intelligence into military force protection measures;
(F)
the additional assistance to be given to the interagency Human Smuggling and Trafficking Center for purposes of combatting terrorist travel, including further developing and expanding enforcement and operational capabilities that address terrorist travel;
(G)
the actions to be taken to aid in the sharing of information between the frontline border agencies of the Department of Homeland Security, the Department of State, and classified and unclassified sources of counterterrorist travel intelligence and information elsewhere in the Federal Government, including the Human Smuggling and Trafficking Center;
(H)
the development and implementation of procedures to enable the National Counterterrorism Center, or its designee, to timely receive terrorist travel intelligence and documentation obtained at consulates and ports of entry, and by law enforcement officers and military personnel;
(I)
the use of foreign and technical assistance to advance border security measures and law enforcement operations against terrorist travel facilitators;
(J)
the feasibility of developing a program to provide each consular, port of entry, and immigration benefits office with a counterterrorist travel expert trained and authorized to use the relevant authentication technologies and cleared to access all appropriate immigration, law enforcement, and intelligence databases;
(K)
the feasibility of digitally transmitting suspect passport information to a central cadre of specialists, either as an interim measure until such time as experts described under subparagraph (J) are available at consular, port of entry, and immigration benefits offices, or otherwise;
(L)
the development of a mechanism to ensure the coordination and dissemination of terrorist travel intelligence and operational information among the Department of Homeland Security, the Department of State, the National Counterterrorism Center, and other appropriate agencies;
(M)
granting consular officers and immigration adjudicators, as appropriate, the security clearances necessary to access law enforcement sensitive and intelligence databases; and
(N)
how to integrate travel document screening for terrorism indicators into border screening, and how to integrate the intelligence community into a robust travel document screening process to intercept terrorists.
(c)

Frontline Counterterrorist Travel Technology and Training.—
(1)

Technology acquisition and dissemination plan.—
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security, in conjunction with the Secretary of State, shall submit to Congress a plan describing how the Department of Homeland Security and the Department of State can acquire and deploy, to the maximum extent feasible, to all consulates, ports of entry, and immigration benefits offices, technologies that facilitate document authentication and the detection of potential terrorist indicators on travel documents. To the extent possible, technologies acquired and deployed under this plan shall be compatible with systems used by the Department of Homeland Security to detect fraudulent documents and identify genuine documents.
(2)

Contents of plan.—
The plan submitted under paragraph (1) shall—
(A)
outline the timetable needed to acquire and deploy the authentication technologies;
(B)
identify the resources required to—
(i)
fully disseminate these technologies; and
(ii)
train personnel on use of these technologies; and
(C)
address the feasibility of using these technologies to screen every passport or other documentation described in section 7209(b) submitted for identification purposes to a United States consular, border, or immigration official.
(d)
[8 U.S.C. 1776]

Training Program.—
(1)

Review, evaluation, and revision of existing training programs.—
The Secretary of Homeland Security shall—
(A)
review and evaluate the training regarding travel and identity documents, and techniques, patterns, and trends associated with terrorist travel that is provided to personnel of the Department of Homeland Security;
(B)
in coordination with the Secretary of State, review and evaluate the training described in subparagraph (A) that is provided to relevant personnel of the Department of State; and
(C)
in coordination with the Secretary of State, develop and implement an initial training and periodic retraining program—
(i)
to teach border, immigration, and consular officials (who inspect or review travel or identity documents as part of their official duties) how to effectively detect, intercept, and disrupt terrorist travel; and
(ii)
to ensure that the officials described in clause (i) regularly receive the most current information on such matters and are periodically retrained on the matters described in paragraph (2).
(2)

Required topics of revised programs.—
The training program developed under paragraph (1)(C) shall include training in—
(A)
methods for identifying fraudulent and genuine travel documents;
(B)
methods for detecting terrorist indicators on travel documents and other relevant identity documents;
(C)
recognition of travel patterns, tactics, and behaviors exhibited by terrorists;
(D)
effective utilization of information contained in databases and data systems available to the Department of Homeland Security; and
(E)
other topics determined to be appropriate by the Secretary of Homeland Security, in consultation with the Secretary of State or the Director of National Intelligence.
(3)

Implementation.—
(A)

Department of homeland security.—
(i)

In general.—
The Secretary of Homeland Security shall provide all border and immigration officials who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C).
(ii)

Report to congress.—
Not later than 12 months after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Secretary of Homeland Security shall submit a report to Congress that—
(I)
describes the number of border and immigration officials who inspect or review identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i);
(II)
explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);
(III)
provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and
(IV)
describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
(B)

Department of state.—
(i)

In general.—
The Secretary of State shall provide all consular officers who inspect or review travel or identity documents as part of their official duties with the training described in paragraph (1)(C).
(ii)

Report to congress.—
Not later than 12 months after the date of enactment of this Act, and annually thereafter for a period of 3 years, the Secretary of State shall submit a report to Congress that—
(I)
describes the number of consular officers who inspect or review travel or identity documents as part of their official duties, and the proportion of whom have received the revised training program described in paragraph (1)(C)(i);
(II)
explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);
(III)
provides a timetable for completion of the training described in paragraph (1)(C)(i) for those who have not received such training; and
(IV)
describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
(4)

Assistance to others.—
The Secretary of Homeland Security may assist States, Indian tribes, local governments, and private organizations to establish training programs related to terrorist travel intelligence.
(5)

Authorization of appropriations.—
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2009 to carry out the provisions of this subsection.
(e)
[50 U.S.C. 3024 note]

Enhancing Classified Counterterrorist Travel Efforts.—
(1)

In general.—
The Director of National Intelligence shall significantly increase resources and personnel to the small classified program that collects and analyzes intelligence on terrorist travel.
(2)

Authorization of appropriations.—
There are authorized to be appropriated for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this subsection.
SEC. 7202.
[8 U.S.C. 1777]

ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a)

Establishment.—
There is established a Human Smuggling and Trafficking Center (referred to in this section as the “Center”).
(b)

Operation.—
The Secretary of State, the Secretary of Homeland Security, and the Attorney General shall operate the Center in accordance with the Memorandum of Understanding entitled, “Human Smuggling and Trafficking Center (HSTC), Charter”.
(c)

Functions.—
In addition to such other responsibilities as the President may assign, the Center shall—
(1)
serve as the focal point for interagency efforts to integrate and disseminate intelligence and information related to terrorist travel;
(2)
serve as a clearinghouse with respect to all relevant information from all Federal Government agencies in support of the United States strategy to prevent separate, but related, issues of clandestine terrorist travel and facilitation of migrant smuggling and trafficking of persons;
(3)
ensure cooperation among all relevant policy, law enforcement, diplomatic, and intelligence agencies of the Federal Government to improve effectiveness and to convert all information available to the Federal Government relating to clandestine terrorist travel and facilitation, migrant smuggling, and trafficking of persons into tactical, operational, and strategic intelligence that can be used to combat such illegal activities; and
(4)
prepare and submit to Congress, on an annual basis, a strategic assessment regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.
(d)

Director.—
The Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the “Human Smuggling and Trafficking Center (HSTC) Charter”.
(e)

Staffing of the Center.—
(1)

In general.—
The Secretary of Homeland Security, in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer than 40 full-time equivalent positions, including, as appropriate, detailees from the following:
(A)
Agencies and offices within the Department of Homeland Security, including the following:
(i)
The Office of Intelligence and Analysis.
(ii)
The Transportation Security Administration.
(iii)
United States Citizenship and Immigration Services.
(iv)
United States Customs and Border Protection.
(v)
The United States Coast Guard.
(vi)
United States Immigration and Customs Enforcement.
(B)
Other departments, agencies, or entities, including the following:
(i)
The Central Intelligence Agency.
(ii)
The Department of Defense.
(iii)
The Department of the Treasury.
(iv)
The National Counterterrorism Center.
(v)
The National Security Agency.
(vi)
The Department of Justice.
(vii)
The Department of State.
(viii)
Any other relevant agency or department.
(2)

Expertise of detailees.—
The Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure that the detailees provided to the Center under such paragraph include an adequate number of personnel who are—
(A)
intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and
(B)
personnel with experience in the areas of—
(i)
consular affairs;
(ii)
counterterrorism;
(iii)
criminal law enforcement;
(iv)
intelligence analysis;
(v)
prevention and detection of document fraud;
(vi)
border inspection;
(vii)
immigration enforcement; or
(viii)
human trafficking and combating severe forms of trafficking in persons.
(3)

Enhanced personnel management.—
(A)

Incentives for service in certain positions.—
(i)

In general.—
The Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particularly for serving terms of at least two years duration.
(ii)

Forms of incentives.—
Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Secretary and the heads of other relevant agencies, consider appropriate.
(B)

Enhanced promotion for service at the center.—
Notwithstanding any other provision of law, the Secretary of Homeland Security, and the heads of other relevant agencies, shall ensure that personnel who are assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than similarly situated personnel of such agencies who are not so assigned or detailed, except that this subparagraph shall not apply in the case of personnel who are subject to the provisions of the Foreign Service Act of 1980.
(f)

Administrative Support and Funding.—
The Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions.
(g)

Report.—
(1)

Initial report.—
Not later than 180 days after December 17, 2004, the President shall transmit to Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of the Center.
(2)

Follow-up report.—
Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of—
(A)
the roles and responsibilities of each agency or department that is participating in the Center;
(B)
the mechanisms used to share information among each such agency or department;
(C)
the personnel provided to the Center by each such agency or department;
(D)
the type of information and reports being disseminated by the Center;
(E)
any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared;
(F)
how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts;
(G)
efforts to consolidate networked systems for the Center;
(H)
the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 1016(b);
(I)
the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel;
(J)
how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and
(K)
cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel.
(h)

Relationship to the NCTC.—
As part of its mission to combat terrorist travel, the Center shall work to support the efforts of the National Counterterrorism Center.
(i)

Coordination With the Office of Intelligence and Analysis.—
The Office of Intelligence and Analysis, in coordination with the Center, shall submit to relevant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel.
SEC. 7203.

RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a)

Increased Number of Consular Officers.—
The Secretary of State, in each of fiscal years 2006 through 2009, may increase by 150 the number of positions for consular officers above the number of such positions for which funds were allotted for the preceding fiscal year.
(b)

Limitation on Use of Foreign Nationals for Visa Screening.—
(1)

Immigrant visas.—
Section 222(b) of the Immigration and Nationality Act (8 U.S.C. 1202(b)) is amended by adding at the end the following: “All immigrant visa applications shall be reviewed and adjudicated by a consular officer.”.
(2)

Nonimmigrant visas.—
Section 222(d) of the Immigration and Nationality Act (8 U.S.C. 1202(d)) is amended by adding at the end the following: “All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.”.
(c)

Training for Consular Officers in Detection of Fraudulent Documents.—
Section 305(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by adding at the end the following: “In accordance with section 7201(d) of the 9/11 Commission Implementation Act of 2004, and as part of the consular training provided to such officers by the Secretary of State, such officers shall also receive training in detecting fraudulent documents and general document forensics and shall be required as part of such training to work with immigration officers conducting inspections of applicants for admission into the United States at ports of entry.”.
(d)

Assignment of Anti-Fraud Specialists.—
(1)

Survey regarding document fraud.—
The Secretary of State, in coordination with the Secretary of Homeland Security, shall conduct a survey of each diplomatic and consular post at which visas are issued to assess the extent to which fraudulent documents are presented by visa applicants to consular officers at such posts.
(2)

Requirement for specialist.—
(A)

In general.—
Not later than July 31, 2005, the Secretary of State, in coordination with the Secretary of Homeland Security, shall identify the diplomatic and consular posts at which visas are issued that experience the greatest frequency of presentation of fraudulent documents by visa applicants. The Secretary of State shall assign or designate at each such post at least 1 full-time anti-fraud specialist employed by the Department of State to assist the consular officers at each such post in the detection of such fraud.
(B)

Exceptions.—
The Secretary of State is not required to assign or designate a specialist under subparagraph (A) at a diplomatic or consular post if an employee of the Department of Homeland Security, who has sufficient training and experience in the detection of fraudulent documents, is assigned on a full-time basis to such post under section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236).
SEC. 7204.
[22 U.S.C. 2656 note]

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

Findings.—
Congress makes the following findings:
(1)
International terrorists travel across international borders to raise funds, recruit members, train for operations, escape capture, communicate, and plan and carry out attacks.
(2)
The international terrorists who planned and carried out the attack on the World Trade Center on February 26, 1993, the attack on the embassies of the United States in Kenya and Tanzania on August 7, 1998, the attack on the USS Cole on October 12, 2000, and the attack on the World Trade Center and the Pentagon on September 11, 2001, traveled across international borders to plan and carry out these attacks.
(3)
The international terrorists who planned other attacks on the United States, including the plot to bomb New York City landmarks in 1993, the plot to bomb the New York City subway in 1997, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled across international borders to plan and carry out these attacks.
(4)
Many of the international terrorists who planned and carried out large-scale attacks against foreign targets, including the attack in Bali, Indonesia, on October 11, 2002, and the attack in Madrid, Spain, on March 11, 2004, traveled across international borders to plan and carry out these attacks.
(5)
Throughout the 1990s, international terrorists, including those involved in the attack on the World Trade Center on February 26, 1993, the plot to bomb New York City landmarks in 1993, and the millennium plot to bomb Los Angeles International Airport on December 31, 1999, traveled on fraudulent passports and often had more than 1 passport.
(6)
Two of the September 11, 2001, hijackers were carrying passports that had been manipulated in a fraudulent manner.
(7)
The National Commission on Terrorist Attacks Upon the United States, (commonly referred to as the 9/11 Commission), stated that “Targeting travel is at least as powerful a weapon against terrorists as targeting their money.”.
(b)

International Agreements To Track and Curtail Terrorist Travel.—
(1)

International agreement on lost, stolen, or falsified documents.—
The President should lead efforts to track and curtail the travel of terrorists by supporting the drafting, adoption, and implementation of international agreements, and relevant United Nations Security Council resolutions to track and stop international travel by terrorists and other criminals through the use of lost, stolen, or falsified documents to augment United Nations and other international anti-terrorism efforts.
(2)

Contents of international agreement.—
The President should seek, as appropriate, the adoption or full implementation of effective international measures to—
(A)
share information on lost, stolen, and fraudulent passports and other travel documents for the purposes of preventing the undetected travel of persons using such passports and other travel documents that were obtained improperly;
(B)
establish and implement a real-time verification system of passports and other travel documents with issuing authorities;
(C)
share with officials at ports of entry in any such country information relating to lost, stolen, and fraudulent passports and other travel documents;
(D)
encourage countries—
(i)
to criminalize—
(I)
the falsification or counterfeiting of travel documents or breeder documents for any purpose;
(II)
the use or attempted use of false documents to obtain a visa or cross a border for any purpose;
(III)
the possession of tools or implements used to falsify or counterfeit such documents;
(IV)
the trafficking in false or stolen travel documents and breeder documents for any purpose;
(V)
the facilitation of travel by a terrorist; and
(VI)
attempts to commit, including conspiracies to commit, the crimes specified in subclauses (I) through (V);
(ii)
to impose significant penalties to appropriately punish violations and effectively deter the crimes specified in clause (i); and
(iii)
to limit the issuance of citizenship papers, passports, identification documents, and similar documents to persons—
(I)
whose identity is proven to the issuing authority;
(II)
who have a bona fide entitlement to or need for such documents; and
(III)
who are not issued such documents principally on account of a disproportional payment made by them or on their behalf to the issuing authority;
(E)
provide technical assistance to countries to help them fully implement such measures; and
(F)
permit immigration and border officials—
(i)
to confiscate a lost, stolen, or falsified passport at ports of entry;
(ii)
to permit the traveler to return to the sending country without being in possession of the lost, stolen, or falsified passport; and
(iii)
to detain and investigate such traveler upon the return of the traveler to the sending country.
(3)

International civil aviation organization.—
The United States shall lead efforts to track and curtail the travel of terrorists by supporting efforts at the International Civil Aviation Organization to continue to strengthen the security features of passports and other travel documents.
(c)

Report.—
(1)

In general.—
Not later than 1 year after the date of enactment of this Act, and at least annually thereafter, the President shall submit to the appropriate congressional committees a report on progress toward achieving the goals described in subsection (b).
(2)

Termination.—
Paragraph (1) shall cease to be effective when the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the goals described in subsection (b) have been fully achieved.
SEC. 7205.

INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS.
(a)

Findings.—
Congress makes the following findings:
(1)
The current lack of a single convention for translating Arabic names enabled some of the 19 hijackers of aircraft used in the terrorist attacks against the United States that occurred on September 11, 2001, to vary the spelling of their names to defeat name-based terrorist watchlist systems and to make more difficult any potential efforts to locate them.
(2)
Although the development and utilization of terrorist watchlist systems using biometric identifiers will be helpful, the full development and utilization of such systems will take several years, and name-based terrorist watchlist systems will always be useful.
(b)

Sense of Congress.—
It is the sense of Congress that the President should seek to enter into an international agreement to modernize and improve standards for the transliteration of names into the Roman alphabet in order to ensure 1 common spelling for such names for international travel documents and name-based watchlist systems.
SEC. 7206.

IMMIGRATION SECURITY INITIATIVE.
(a) * * *
(b)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary of Homeland Security to carry out the amendments made by subsection (a)—
(1)
$25,000,000 for fiscal year 2005;
(2)
$40,000,000 for fiscal year 2006; and
(3)
$40,000,000 for fiscal year 2007.
SEC. 7207.

CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State shall certify to Congress which of the countries designated to participate in the visa waiver program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) are developing a program to issue to individuals seeking to enter that country pursuant to a visa issued by that country, a machine readable visa document that is tamper-resistant and incorporates biometric identification information that is verifiable at its port of entry.
SEC. 7208.
[8 U.S.C. 1365b]

BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a)

Finding.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress finds that completing a biometric entry and exit data system as expeditiously as possible is an essential investment in efforts to protect the United States by preventing the entry of terrorists.
(b)

Definition.—
In this section, the term “entry and exit data system” means the entry and exit system required by applicable sections of—
(1)
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208);
(2)
the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106–205);
(3)
the Visa Waiver Permanent Program Act (Public Law 106–396);
(4)
the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107–173); and
(5)
the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–56).
(c)

Plan and Report.—
(1)

Development of plan.—
The Secretary of Homeland Security shall develop a plan to accelerate the full implementation of an automated biometric entry and exit data system.
(2)

Report.—
Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress on the plan developed under paragraph (1), which shall contain—
(A)
a description of the current functionality of the entry and exit data system, including—
(i)
a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric entry data systems in use and whether such screening systems are located at primary or secondary inspection areas;
(ii)
a listing of ports of entry and other Department of Homeland Security and Department of State locations with biometric exit data systems in use;
(iii)
a listing of databases and data systems with which the entry and exit data system are interoperable;
(iv)
a description of—
(I)
identified deficiencies concerning the accuracy or integrity of the information contained in the entry and exit data system;
(II)
identified deficiencies concerning technology associated with processing individuals through the system; and
(III)
programs or policies planned or implemented to correct problems identified in subclause (I) or (II); and
(v)
an assessment of the effectiveness of the entry and exit data system in fulfilling its intended purposes, including preventing terrorists from entering the United States;
(B)
a description of factors relevant to the accelerated implementation of the biometric entry and exit data system, including—
(i)
the earliest date on which the Secretary estimates that full implementation of the biometric entry and exit data system can be completed;
(ii)
the actions the Secretary will take to accelerate the full implementation of the biometric entry and exit data system at all ports of entry through which all aliens must pass that are legally required to do so; and
(iii)
the resources and authorities required to enable the Secretary to meet the implementation date described in clause (i);
(C)
a description of any improvements needed in the information technology employed for the biometric entry and exit data system;
(D)
a description of plans for improved or added interoperability with any other databases or data systems; and
(E)
a description of the manner in which the Department of Homeland Security's US-VISIT program—
(i)
meets the goals of a comprehensive entry and exit screening system, including both entry and exit biometric; and
(ii)
fulfills the statutory obligations under subsection (b).
(d)

Collection of Biometric Exit Data.—
The entry and exit data system shall include a requirement for the collection of biometric exit data for all categories of individuals who are required to provide biometric entry data, regardless of the port of entry where such categories of individuals entered the United States.
(e)

Integration and Interoperability.—
(1)

Integration of data system.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall fully integrate all databases and data systems that process or contain information on aliens, which are maintained by—
(A)
the Department of Homeland Security, at—
(i)
the United States Immigration and Customs Enforcement;
(ii)
the United States Customs and Border Protection; and
(iii)
the United States Citizenship and Immigration Services;
(B)
the Department of Justice, at the Executive Office for Immigration Review; and
(C)
the Department of State, at the Bureau of Consular Affairs.
(2)

Interoperable component.—
The fully integrated data system under paragraph (1) shall be an interoperable component of the entry and exit data system.
(3)

Interoperable data system.—
Not later than 2 years after the date of enactment of this Act, the Secretary shall fully implement an interoperable electronic data system, as required by section 202 of the Enhanced Border Security and Visa Entry Reform Act (8 U.S.C. 1722) to provide current and immediate access to information in the databases of Federal law enforcement agencies and the intelligence community that is relevant to determine—
(A)
whether to issue a visa; or
(B)
the admissibility or deportability of an alien.
(f)

Maintaining Accuracy and Integrity of Entry and Exit Data System.—
(1)

Policies and procedures.—
(A)

Establishment.—
The Secretary of Homeland Security shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, the entry and exit data system that ensure the accuracy and integrity of the data.
(B)

Training.—
The Secretary shall develop training on the rules, guidelines, policies, and procedures established under subparagraph (A), and on immigration law and procedure. All personnel authorized to access information maintained in the databases and data system shall receive such training.
(2)

Data collected from foreign nationals.—
The Secretary of Homeland Security, the Secretary of State, and the Attorney General, after consultation with directors of the relevant intelligence agencies, shall standardize the information and data collected from foreign nationals, and the procedures utilized to collect such data, to ensure that the information is consistent and valuable to officials accessing that data across multiple agencies.
(3)

Data maintenance procedures.—
Heads of agencies that have databases or data systems linked to the entry and exit data system shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, and updating data maintained in, and adding information to, such databases or data systems that ensure the accuracy and integrity of the data and for limiting access to the information in the databases or data systems to authorized personnel.
(4)

Requirements.—
The rules, guidelines, policies, and procedures established under this subsection shall—
(A)
incorporate a simple and timely method for—
(i)
correcting errors in a timely and effective manner;
(ii)
determining which government officer provided data so that the accuracy of the data can be ascertained; and
(iii)
clarifying information known to cause false hits or misidentification errors;
(B)
include procedures for individuals to—
(i)
seek corrections of data contained in the databases or data systems; and
(ii)
appeal decisions concerning data contained in the databases or data systems;
(C)
strictly limit the agency personnel authorized to enter data into the system;
(D)
identify classes of information to be designated as temporary or permanent entries, with corresponding expiration dates for temporary entries; and
(E)
identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
(5)

Centralizing and streamlining correction process.—
(A)

In general.—
The President, or agency director designated by the President, shall establish a clearinghouse bureau in the Department of Homeland Security, to centralize and streamline the process through which members of the public can seek corrections to erroneous or inaccurate information contained in agency databases, which is related to immigration status, or which otherwise impedes lawful admission to the United States.
(B)

Time schedules.—
The process described in subparagraph (A) shall include specific time schedules for reviewing data correction requests, rendering decisions on such requests, and implementing appropriate corrective action in a timely manner.
(g)

Integrated Biometric Entry-Exit Screening System.—
The biometric entry and exit data system shall facilitate efficient immigration benefits processing by—
(1)
ensuring that the system's tracking capabilities encompass data related to all immigration benefits processing, including—
(A)
visa applications with the Department of State;
(B)
immigration related filings with the Department of Labor;
(C)
cases pending before the Executive Office for Immigration Review; and
(D)
matters pending or under investigation before the Department of Homeland Security;
(2)
utilizing a biometric based identity number tied to an applicant's biometric algorithm established under the entry and exit data system to track all immigration related matters concerning the applicant;
(3)
providing that—
(A)
all information about an applicant's immigration related history, including entry and exit history, can be queried through electronic means; and
(B)
database access and usage guidelines include stringent safeguards to prevent misuse of data;
(4)
providing real-time updates to the information described in paragraph (3)(A), including pertinent data from all agencies referred to in paragraph (1); and
(5)
providing continuing education in counterterrorism techniques, tools, and methods for all Federal personnel employed in the evaluation of immigration documents and immigration-related policy.
(h)

Entry-Exit System Goals.—
The Department of Homeland Security shall operate the biometric entry and exit system so that it—
(1)
serves as a vital counterterrorism tool;
(2)
screens travelers efficiently and in a welcoming manner;
(3)
provides inspectors and related personnel with adequate real-time information;
(4)
ensures flexibility of training and security protocols to most effectively comply with security mandates;
(5)
integrates relevant databases and plans for database modifications to address volume increase and database usage; and
(6)
improves database search capacities by utilizing language algorithms to detect alternate names.
(i)

Dedicated Specialists and Front Line Personnel Training.—
In implementing the provisions of subsections (g) and (h), the Department of Homeland Security and the Department of State shall—
(1)
develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
(2)
provide extensive community outreach and education on the entry and exit data system's procedures;
(3)
provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and
(4)
establish ongoing training modules on immigration law to improve adjudications at our ports of entry, consulates, and embassies.
(j)

Compliance Status Reports.—
Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, the Secretary of State, the Attorney General, and the head of any other department or agency subject to the requirements of this section, shall issue individual status reports and a joint status report detailing the compliance of the department or agency with each requirement under this section.
(k)

Expediting Registered Travelers Across International Borders.—
(1)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(A)
Expediting the travel of previously screened and known travelers across the borders of the United States should be a high priority.
(B)
The process of expediting known travelers across the borders of the United States can permit inspectors to better focus on identifying terrorists attempting to enter the United States.
(2)

Definition.—
In this subsection, the term “registered traveler program” means any program designed to expedite the travel of previously screened and known travelers across the borders of the United States.
(3)

International registered traveler program.—
(A)

In general.—
The Secretary of Homeland Security shall establish an international registered traveler program that incorporates available technologies, such as biometrics and e-passports, and security threat assessments to expedite the screening and processing of international travelers, including United States Citizens and residents, who enter and exit the United States. The program shall be coordinated with the United States Visitor and Immigrant Status Indicator Technology program, other pre-screening initiatives, and the Visa Waiver Program.
(B)

Fees.—
The Secretary may impose a fee for the program established under subparagraph (A) and may modify such fee from time to time. The fee may not exceed the aggregate costs associated with the program and shall be credited to the Department of Homeland Security for purposes of carrying out the program. Amounts so credited shall remain available until expended.
(C)

Rulemaking.—
Within 365 days after the date of enactment of this paragraph, the Secretary shall initiate a rulemaking to establish the program, criteria for participation, and the fee for the program.
(D)

Implementation.—
Not later than 2 years after the date of enactment of this paragraph, the Secretary shall establish a phased-implementation of a biometric-based international registered traveler program in conjunction with the United States Visitor and Immigrant Status Indicator Technology entry and exit system, other pre-screening initiatives, and the Visa Waiver Program at United States airports with the highest volume of international travelers.
(E)

Participation.—
The Secretary shall ensure that the international registered traveler program includes as many participants as practicable by—
(i)
establishing a reasonable cost of enrollment;
(ii)
making program enrollment convenient and easily accessible; and
(iii)
providing applicants with clear and consistent eligibility guidelines
(4)

Report.—
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the Department's progress on the development and implementation of the registered traveler program.
(l)

Authorization of Appropriations.—
There are authorized to be appropriated to the Secretary, for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out the provisions of this section.
SEC. 7209.
[8 U.S.C. 1185 note]

TRAVEL DOCUMENTS.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Existing procedures allow many individuals to enter the United States by showing minimal identification or without showing any identification.
(2)
The planning for the terrorist attacks of September 11, 2001, demonstrates that terrorists study and exploit United States vulnerabilities.
(3)
Additional safeguards are needed to ensure that terrorists cannot enter the United States.
(b)

Passports.—
(1)

Development of plan and implementation.—
(A)
The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a plan as expeditiously as possible to require a passport or other document, or combination of documents, deemed by the Secretary of Homeland Security to be sufficient to denote identity and citizenship, for all travel into the United States by United States citizens and by categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). Such plan may not be implemented earlier than the date that is the later of 3 months after the Secretary of State and the Secretary of Homeland Security make the certification required in subparagraph (B) or June 1, 2009.3 The plan shall seek to expedite the travel of frequent travelers, including those who reside in border communities, and in doing so, shall make readily available a registered traveler program (as described in section 7208(k)).
^3
The amendment made by section 545 of Public Law 110–161 to section 7209(b)(1)(A) was executed to reflect the probable intent of Congress. Such amendment to strike “This plan shall be implemented not later than 3 months after the Secretary of State and the Secretary of Homeland Security make the certifications required in subsection (B), or June 1, 2009, whichever is earlier.” and inserts a new sentence (shown above) probably should have been to strike “three months” instead of “3 months”.
(B)
The Secretary of Homeland Security and the Secretary of State shall jointly certify to the Committees on Appropriations of the Senate and the House of Representatives that the following criteria have been met prior to implementation of section 7209(b)(1)(A)—
(i)
the National Institute of Standards and Technology certifies that the Departments of Homeland Security and State have selected a card architecture that meets or exceeds International Organization for Standardization (ISO) security standards and meets or exceeds best available practices for protection of personal identification documents: Provided, That the National Institute of Standards and Technology shall also assist the Departments of Homeland Security and State to incorporate into the architecture of the card the best available practices to prevent the unauthorized use of information on the card: Provided further, That to facilitate efficient cross-border travel, the Departments of Homeland Security and State shall, to the maximum extent possible, develop an architecture that is compatible with information technology systems and infrastructure used by United States Customs and Border Protection;
(ii)
the technology to be used by the United States for the passport card, and any subsequent change to that technology, has been shared with the governments of Canada and Mexico;
(iii)
an agreement has been reached with the United States Postal Service on the fee to be charged individuals for the passport card, and a detailed justification has been submitted to the Committees on Appropriations of the Senate and the House of Representatives;
(iv)
an alternative procedure has been developed for groups of children traveling across an international border under adult supervision with parental consent;
(v)
the necessary technological infrastructure to process the passport cards has been installed, and all employees at ports of entry have been properly trained in the use of the new technology;
(vi)
the passport card has been made available for the purpose of international travel by United States citizens through land and sea ports of entry between the United States and Canada, Mexico, the Caribbean and Bermuda;
(vii)
a single implementation date for sea and land borders has been established; and
(viii)
the signing of a memorandum of agreement to initiate a pilot program with not less than one State to determine if an enhanced driver's license, which is machine-readable and tamper proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada or Mexico, and issued by such State to an individual, may permit the individual to use the driver's license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada or Mexico at land and sea ports of entry.
(C)

Report.—
Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes—
(i)
an analysis of the impact of the pilot program on national security;
(ii)
recommendations on how to expand the pilot program to other States;
(iii)
any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;
(iv)
a plan to screen individuals participating in the pilot program against United States terrorist watch lists; and
(v)
a recommendation for the type of machine-readable technology that should be used in enhanced driver's licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver's licenses.
(2)

Requirement to produce documentation.—
The plan developed under paragraph (1) shall require all United States citizens, and categories of individuals for whom documentation requirements have previously been waived under section 212(d)(4)(B) of such Act, to carry and produce the documentation described in paragraph (1) when traveling from foreign countries into the United States.
(c)

Technical and Conforming Amendments.—
After the complete implementation of the plan described in subsection (b)—
(1)
neither the Secretary of State nor the Secretary of Homeland Security may exercise discretion under section 212(d)(4)(B) of such Act to waive documentary requirements for travel into the United States; and
(2)
the President may not exercise discretion under section 215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary requirements for United States citizens departing from or entering, or attempting to depart from or enter, the United States except—
(A)
where the Secretary of Homeland Security determines that the alternative documentation that is the basis for the waiver of the documentary requirement is sufficient to denote identity and citizenship;
(B)
in the case of an unforeseen emergency in individual cases; or
(C)
in the case of humanitarian or national interest reasons in individual cases.
(d)

Transit Without Visa Program.—
The Secretary of State shall not use any authorities granted under section 212(d)(4)(C) of such Act until the Secretary, in conjunction with the Secretary of Homeland Security, completely implements a security plan to fully ensure secure transit passage areas to prevent aliens proceeding in immediate and continuous transit through the United States from illegally entering the United States.
SEC. 7210.

EXCHANGE OF TERRORIST INFORMATION AND INCREASED PREINSPECTION AT FOREIGN AIRPORTS.
(a)
[8 U.S.C. 1225a note]

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
The exchange of terrorist information with other countries, consistent with privacy requirements, along with listings of lost and stolen passports, will have immediate security benefits.
(2)
The further away from the borders of the United States that screening occurs, the more security benefits the United States will gain.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
the Federal Government should exchange terrorist information with trusted allies;
(2)
the Federal Government should move toward real-time verification of passports with issuing authorities;
(3)
where practicable, the Federal Government should conduct screening before a passenger departs on a flight destined for the United States;
(4)
the Federal Government should work with other countries to ensure effective inspection regimes at all airports;
(5)
the Federal Government should work with other countries to improve passport standards and provide foreign assistance to countries that need help making the transition to the global standard for identification; and
(6)
the Department of Homeland Security, in coordination with the Department of State and other Federal agencies, should implement the initiatives called for in this subsection.
(c)

Report Regarding the Exchange of Terrorist Information.—
(1)

In general.—
Not later than 180 days after the date of enactment of this Act, the Secretary of State and the Secretary of Homeland Security, working with other Federal agencies, shall submit to the appropriate committees of Congress a report on Federal efforts to collaborate with allies of the United States in the exchange of terrorist information.
(2)

Contents.—
The report shall outline—
(A)
strategies for increasing such collaboration and cooperation;
(B)
progress made in screening passengers before their departure to the United States; and
(C)
efforts to work with other countries to accomplish the goals described under this section.
* * * * * * *
(d)

Preinspection at Foreign Airports.—
(1) * * *
(2)

Report.—
Not later than June 30, 2006, the Secretary of Homeland Security and the Secretary of State shall submit a report on the progress being made in implementing the amendment made by paragraph (1) to—
(A)
the Committee on the Judiciary of the Senate;
(B)
the Committee on the Judiciary of the House of Representatives;
(C)
the Committee on Foreign Relations of the Senate;
(D)
the Committee on International Relations of the House of Representatives;
(E)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(F)
the Select Committee on Homeland Security of the House of Representatives (or any successor committee).
SEC. 7211.
[5 U.S.C. 301 note]

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.
* * * * * * *
SEC. 7213.
[42 U.S.C. 405 note]

SOCIAL SECURITY CARDS AND NUMBERS.
(a)

Security Enhancements.—
The Commissioner of Social Security shall—
(1)
not later than 1 year after the date of enactment of this Act—
(A)
restrict the issuance of multiple replacement social security cards to any individual to 3 per year and 10 for the life of the individual, except that the Commissioner may allow for reasonable exceptions from the limits under this paragraph on a case-by-case basis in compelling circumstances;
(B)
establish minimum standards for the verification of documents or records submitted by an individual to establish eligibility for an original or replacement social security card, other than for purposes of enumeration at birth; and
(C)
require independent verification of any birth record submitted by an individual to establish eligibility for a social security account number, other than for purposes of enumeration at birth, except that the Commissioner may allow for reasonable exceptions from the requirement for independent verification under this subparagraph on a case by case basis in compelling circumstances; and
(2)
notwithstanding section 205(r) of the Social Security Act (42 U.S.C. 405(r)) and any agreement entered into thereunder, not later than 18 months after the date of enactment of this Act with respect to death indicators and not later than 36 months after the date of enactment of this Act with respect to fraud indicators, add death and fraud indicators to the social security number verification systems for employers, State agencies issuing driver's licenses and identity cards, and other verification routines that the Commissioner determines to be appropriate.
(b)

Interagency Security Task Force.—
The Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall form an interagency task force for the purpose of further improving the security of social security cards and numbers. Not later than 18 months after the date of enactment of this Act, the task force shall establish, and the Commissioner shall provide for the implementation of, security requirements, including—
(1)
standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft;
(2)
requirements for verifying documents submitted for the issuance of replacement cards; and
(3)
actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.
(c)

Enumeration at Birth.—
(1)

Improvement of application process.—
As soon as practicable after the date of enactment of this Act, the Commissioner of Social Security shall undertake to make improvements to the enumeration at birth program for the issuance of social security account numbers to newborns. Such improvements shall be designed to prevent—
(A)
the assignment of social security account numbers to unnamed children;
(B)
the issuance of more than 1 social security account number to the same child; and
(C)
other opportunities for fraudulently obtaining a social security account number.
(2)

Report to congress.—
Not later than 1 year after the date of enactment of this Act, the Commissioner shall transmit to each House of Congress a report specifying in detail the extent to which the improvements required under paragraph (1) have been made.
(d)

Study Regarding Process for Enumeration at Birth.—
(1)

In general.—
As soon as practicable after the date of enactment of this Act, the Commissioner of Social Security shall conduct a study to determine the most efficient options for ensuring the integrity of the process for enumeration at birth. This study shall include an examination of available methods for reconciling hospital birth records with birth registrations submitted to agencies of States and political subdivisions thereof and with information provided to the Commissioner as part of the process for enumeration at birth.
(2)

Report.—
(A)

In general.—
Not later than 18 months after the date of enactment of this Act, the Commissioner shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the results of the study conducted under paragraph (1).
(B)

Contents.—
The report submitted under subparagraph (A) shall contain such recommendations for legislative changes as the Commissioner considers necessary to implement needed improvements in the process for enumeration at birth.
(e)

Authorization of Appropriations.—
There are authorized to be appropriated to the Commissioner of Social Security for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.
SEC. 7214.

PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) * * *
(b)
[42 U.S.C. 405 note]

Effective Date.—
The amendment made by subsection (a)(2) shall apply with respect to licenses, registrations, and identification cards issued or reissued 1 year after the date of enactment of this Act.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to the Commissioner of Social Security for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.
SEC. 7215.
[6 U.S.C. 123]

TERRORIST TRAVEL PROGRAM.
(a)

Requirement to Establish.—
Not later than 90 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201, shall establish a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel.
(b)

Head of the Program.—
The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be—
(1)
the Assistant Secretary for Policy of the Department of Homeland Security; or
(2)
an official appointed by the Secretary who reports directly to the Secretary.
(c)

Duties.—
The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department's ability to prevent terrorists from entering the United States or remaining in the United States undetected by—
(1)
developing relevant strategies and policies;
(2)
reviewing the effectiveness of existing programs and recommending improvements, if necessary;
(3)
making recommendations on budget requests and on the allocation of funding and personnel;
(4)
ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—
(A)
among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including—
(i)
United States Customs and Border Protection;
(ii)
United States Immigration and Customs Enforcement;
(iii)
United States Citizenship and Immigration Services;
(iv)
the Transportation Security Administration; and
(v)
the United States Coast Guard; and
(B)
between the Department of Homeland Security and other appropriate Federal agencies; and
(5)
serving as the Secretary's primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.
(d)

Report.—
Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.
* * * * * * *
SEC. 7217.

STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a)

In General.—
Not later than May 31, 2005, the Secretary of State, in consultation with the Secretary of Homeland Security, shall submit a report, containing the results of a study on the subjects described in subsection (b), to—
(1)
the Committee on the Judiciary of the Senate;
(2)
the Committee on the Judiciary of the House of Representatives;
(3)
the Committee on Foreign Relations of the Senate;
(4)
the Committee on International Relations of the House of Representatives;
(5)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(6)
the Select Committee on Homeland Security of the House of Representatives (or any successor committee).
(b)

Contents.—
The study referred to in subsection (a) shall examine the feasibility, cost, potential benefits, and relative importance to the objectives of tracking suspected terrorists' travel, and apprehending suspected terrorists, of establishing a system, in coordination with other countries, through which border and visa issuance officials have access in real-time to information on newly issued passports to persons whose previous passports were allegedly lost or stolen.
(c)

Incentives.—
The study described in subsection (b) shall make recommendations on incentives that might be offered to encourage foreign nations to participate in the initiatives described in subsection (b).
SEC. 7218.
[22 U.S.C. 4807]

ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE DEPARTMENT OF STATE.
(a)

Establishment.—
There is established, within the Bureau of Diplomatic Security of the Department of State, the Visa and Passport Security Program (in this section referred to as the “Program”).
(b)

Preparation of Strategic Plan.—
(1)

In general.—
The Assistant Secretary for Diplomatic Security, in coordination with the appropriate officials of the Bureau of Consular Affairs, the coordinator for counterterrorism, the National Counterterrorism Center, and the Department of Homeland Security, and consistent with the strategy mandated by section 7201, shall ensure the preparation of a strategic plan to target and disrupt individuals and organizations, within the United States and in foreign countries, that are involved in the fraudulent production, distribution, use, or other similar activity—
(A)
of a United States visa or United States passport;
(B)
of documents intended to help fraudulently procure a United States visa or United States passport, or other documents intended to gain unlawful entry into the United States; or
(C)
of passports and visas issued by foreign countries intended to gain unlawful entry into the United States.
(2)

Emphasis.—
The strategic plan shall—
(A)
focus particular emphasis on individuals and organizations that may have links to domestic terrorist organizations or foreign terrorist organizations (as such term is defined in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189));
(B)
require the development of a strategic training course under the Antiterrorism Assistance Training (ATA) program of the Department of State (or any successor or related program) under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law) to train participants in the identification of fraudulent documents and the forensic detection of such documents which may be used to obtain unlawful entry into the United States; and
(C)
determine the benefits and costs of providing technical assistance to foreign governments to ensure the security of passports, visas, and related documents and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents to obtain such passports and visas, and other types of travel documents.
(c)

Program.—
(1)

Individual in charge.—
(A)

Designation.—
The Assistant Secretary for Diplomatic Security shall designate an individual to be in charge of the Program.
(B)

Qualification.—
The individual designated under subparagraph (A) shall have expertise and experience in the investigation and prosecution of visa and passport fraud.
(2)

Program components.—
The Program shall include the following:
(A)

Analysis of methods.—
Analyze, in coordination with other appropriate government agencies, methods used by terrorists to travel internationally, particularly the use of false or altered travel documents to illegally enter foreign countries and the United States, and consult with the Bureau of Consular Affairs and the Secretary of Homeland Security on recommended changes to the visa issuance process that could combat such methods, including the introduction of new technologies into such process.
(B)

Identification of individuals and documents.—
Identify, in cooperation with the Human Trafficking and Smuggling Center, individuals who facilitate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of travel documents, and ensure that the appropriate agency is notified for further investigation and prosecution or, in the case of such individuals abroad for which no further investigation or prosecution is initiated, ensure that all appropriate information is shared with foreign governments in order to facilitate investigation, arrest, and prosecution of such individuals.
(C)

Identification of foreign countries needing assistance.—
Identify foreign countries that need technical assistance, such as law reform, administrative reform, prosecutorial training, or assistance to police and other investigative services, to ensure passport, visa, and related document security and to investigate, arrest, and prosecute individuals who facilitate travel by the creation of false passports and visas, documents used to obtain such passports and visas, and other types of travel documents.
(D)

Inspection of applications.—
Randomly inspect visa and passport applications for accuracy, efficiency, and fraud, especially at high terrorist threat posts, in order to prevent a recurrence of the issuance of visas to those who submit incomplete, fraudulent, or otherwise irregular or incomplete applications.
(d)

Report.—
Not later than 90 days after the date on which the strategy required under section 7201 is submitted to Congress, the Assistant Secretary for Diplomatic Security shall submit to Congress a report containing—
(1)
a description of the strategic plan prepared under subsection (b); and
(2)
an evaluation of the feasibility of establishing civil service positions in field offices of the Bureau of Diplomatic Security to investigate visa and passport fraud, including an evaluation of whether to allow diplomatic security agents to convert to civil service officers to fill such positions.
SEC. 7219.
[8 U.S.C. 1202 note]

EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of this Act.
SEC. 7220.
[49 U.S.C. 44901 note]

IDENTIFICATION STANDARDS.
(a)

Proposed Standards.—
(1)

In general.—
The Secretary of Homeland Security—
(A)
shall propose minimum standards for identification documents required of domestic commercial airline passengers for boarding an aircraft; and
(B)
may, from time to time, propose minimum standards amending or replacing standards previously proposed and transmitted to Congress and approved under this section.
(2)

Submission to congress.—
Not later than 6 months after the date of enactment of this Act, the Secretary shall submit the standards under paragraph (1)(A) to the Senate and the House of Representatives on the same day while each House is in session.
(3)

Effective date.—
Any proposed standards submitted to Congress under this subsection shall take effect when an approval resolution is passed by the House and the Senate under the procedures described in subsection (b) and becomes law.
(b)

Congressional Approval Procedures.—
(1)

Rulemaking power.—
This subsection is enacted by Congress—
(A)
as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of such approval resolutions; and it supersedes other rules only to the extent that they are inconsistent therewith; and
(B)
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
(2)

Approval resolution.—
For the purpose of this subsection, the term “approval resolution” means a joint resolution of Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the proposed standards issued under section 7220 of the 9/11 Commission Implementation Act of 2004, transmitted by the President to the Congress on ——————”, the blank space being filled in with the appropriate date.
(3)

Introduction.—
Not later than the first day of session following the day on which proposed standards are transmitted to the House of Representatives and the Senate under subsection (a), an approval resolution—
(A)
shall be introduced (by request) in the House by the Majority Leader of the House of Representatives, for himself or herself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Majority Leader and Minority Leader of the House; and
(B)
shall be introduced (by request) in the Senate by the Majority Leader of the Senate, for himself or herself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate.
(4)

Prohibitions.—
(A)

Amendments.—
No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate.
(B)

Motions to suspend.—
No motion to suspend the application of this paragraph shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent.
(5)

Referral.—
(A)

In general.—
An approval resolution shall be referred to the committees of the House of Representatives and of the Senate with jurisdiction. Each committee shall make its recommendations to the House of Representatives or the Senate, as the case may be, within 45 days after its introduction. Except as provided in subparagraph (B), if a committee to which an approval resolution has been referred has not reported it at the close of the 45th day after its introduction, such committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar.
(B)

Final passage.—
A vote on final passage of the resolution shall be taken in each House on or before the close of the 15th day after the resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.
(C)

Computation of days.—
For purposes of this paragraph, in computing a number of days in either House, there shall be excluded any day on which that House is not in session.
(6)

Coordination with action of other house.—
If prior to the passage by one House of an approval resolution of that House, that House receives the same approval resolution from the other House, then the procedure in that House shall be the same as if no approval resolution has been received from the other House, but the vote on final passage shall be on the approval resolution of the other House.
(7)

Floor consideration in the house of representatives.—
(A)

Motion to proceed.—
A motion in the House of Representatives to proceed to the consideration of an approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, not shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B)

Debate.—
Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. It shall not be in order to move to recommit an approval resolution or to move to reconsider the vote by which an approval resolution is agreed to or disagreed to.
(C)

Motion to postpone.—
Motions to postpone made in the House of Representatives with respect to the consideration of an approval resolution and motions to proceed to the consideration of other business shall be decided without debate.
(D)

Appeals.—
All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an approval resolution shall be decided without debate.
(E)

Rules of the house of representatives.—
Except to the extent specifically provided in subparagraphs (A) through (D), consideration of an approval resolution shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances.
(8)

Floor consideration in the Senate.—
(A)

Motion to proceed.—
A motion in the Senate to proceed to the consideration of an approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B)

Debate on resolution.—
Debate in the Senate on an approval resolution, and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or their designees.
(C)

Debate on motions and appeals.—
Debate in the Senate on any debatable motion or appeal in connection with an approval resolution shall be limited to not more than 1 hour, which shall be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the Minority Leader or designee. Such leaders, or either of them, may, from time under their control on the passage of an approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(D)

Limit on debate.—
A motion in the Senate to further limit debate is not debatable. A motion to recommit an approval resolution is not in order.
(c)

Default Standards.—
(1)

In general.—
If the standards proposed under subsection (a)(1)(A) are not approved pursuant to the procedures described in subsection (b), then not later than 1 year after rejection by a vote of either House of Congress, domestic commercial airline passengers seeking to board an aircraft shall present, for identification purposes—
(A)
a valid, unexpired passport;
(B)
domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes;
(C)
any document issued by the Attorney General or the Secretary of Homeland Security under the authority of 1 of the immigration laws (as defined under section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); or
(D)
a document issued by the country of nationality of any alien not required to possess a passport for admission to the United States that the Secretary designates as reliable for identifications purposes
(2)

Exception.—
The documentary requirements described in paragraph (1)—
(A)
shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security;
(B)
may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.
(d)

Recommendation to Congress.—
Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall recommend to Congress—
(1)
categories of Federal facilities that the Secretary determines to be at risk for terrorist attack and requiring minimum identification standards for access to such facilities; and
(2)
appropriate minimum identification standards to gain access to those facilities.
Subtitle C—

National Preparedness
SEC. 7301.

THE INCIDENT COMMAND SYSTEM.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
The attacks on September 11, 2001, demonstrated that even the most robust emergency response capabilities can be overwhelmed if an attack is large enough.
(2)
Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a terrorist attack.
(3)
Key decisionmakers who are represented at the incident command level help to ensure an effective response, the efficient use of resources, and responder safety.
(4)
The incident command system also enables emergency managers and first responders to manage, generate, receive, evaluate, share, and use information.
(5)
Regular joint training at all levels is essential to ensuring close coordination during an actual incident.
(6)
In Homeland Security Presidential Directive 5, the President directed the Secretary of Homeland Security to develop an incident command system, to be known as the National Incident Management System (NIMS), and directed all Federal agencies to make the adoption of NIMS a condition for the receipt of Federal emergency preparedness assistance by States, territories, tribes, and local governments beginning in fiscal year 2005.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
the United States needs to implement the recommendations of the National Commission on Terrorist Attacks Upon the United States by adopting a unified incident command system and significantly enhancing communications connectivity between and among all levels of government agencies, emergency response providers (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), and other organizations with emergency response capabilities;
(2)
the unified incident command system should enable emergency managers and first responders to manage, generate, receive, evaluate, share, and use information in the event of a terrorist attack or a significant national disaster;
(3)
emergency response agencies nationwide should adopt the Incident Command System known as NIMS;
(4)
when multiple agencies or multiple jurisdictions are involved, they should follow a unified command system based on NIMS;
(5)
the regular use of, and training in, NIMS by States and, to the extent practicable, territories, tribes, and local governments, should be a condition for receiving Federal preparedness assistance; and
(6)
the Secretary of Homeland Security should require, as a further condition of receiving homeland security preparedness funds from the Office of State and Local Government Coordination and Preparedness, that grant applicants document measures taken to fully and aggressively implement the Incident Command System and unified command procedures.
SEC. 7302.
[42 U.S.C. 5196 note]

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 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, town, or other governmental agency, governmental authority, or governmental institution with the power to sue or be sued in its own name, within the National Capital Region.
(6)

Mutual aid agreement.—
The term “mutual aid agreement” means an agreement, authorized under subsection (b), for the provision of police, fire, rescue and other public safety and health or medical services to any party to the agreement during a public service event, an emergency, or pre-planned training event.
(7)

National capital region or region.—
The term “National Capital Region” or “Region” means the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border abutting that area and any municipalities therein.
(8)

Party.—
The term “party” means the State of Maryland, the Commonwealth of Virginia, the District of Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section.
(9)

Public service event.—
The term “public service event”—
(A)
means any undeclared emergency, incident or situation in preparation for or response to which the mayor of the District of Columbia, an authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual Aid Agreement within the National Capital Region; and
(B)
includes Presidential inaugurations, public gatherings, demonstrations and protests, and law enforcement, fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, mass care, and other support that require human resources, equipment, facilities or services supplemental to or greater than the requesting jurisdiction can provide.
(10)

State.—
The term “State” means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia.
(11)

Training.—
The term “training” means emergency and public service event-related exercises, testing, or other activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid by National Capital Region jurisdictions during emergencies or public service events, such actions occurring outside actual emergency or public service event periods.
(b)

Mutual Aid Authorized.—
(1)

In general.—
The mayor of the District of Columbia, any authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality, or their designees, acting within his or her jurisdictional purview, may, in accordance with State law, enter into, request or provide assistance under mutual aid agreements with localities 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, employees, or agents 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, employees, or agents 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, employees, or agents 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, employees, or agents on account of an act or omission in the rendering of aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account of the maintenance or use of any related equipment, facilities, or supplies may be brought only under the laws and procedures of the State of the party rendering aid and only in the Federal or State courts located therein. Actions against the United States under this section may be brought only in Federal courts.
(3)

Immunities.—
This section shall not abrogate any other immunities from liability that any party has under any other Federal or State law.
(e)

Workers Compensation.—
(1)

Compensation.—
Each party shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.
(2)

Other state law.—
No party shall be liable under the law of any State other than its own for providing for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement or engaged in training activities under a mutual aid agreement.
(f)

Licenses and Permits.—
If any person holds a license, certificate, or other permit issued by any responding party evidencing the meeting of qualifications for professional, mechanical, or other skills and assistance is requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency or training for any such events.
SEC. 7303.
[6 U.S.C. 194]

ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS INTEROPERABILITY.
(a)

Coordination of Public Safety Interoperable Communications Programs.—
(1)

Program.—
The Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall—
(A)
establish a comprehensive national approach to achieving public safety interoperable communications;
(B)
coordinate with other Federal agencies in carrying out subparagraph (A);
(C)
develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies;
(D)
accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing—
(i)
the value, life cycle, and technical capabilities of existing communications infrastructure;
(ii)
the need for cross-border interoperability between States and nations;
(iii)
the unique needs of small, rural communities; and
(iv)
the interoperability needs for daily operations and catastrophic events;
(E)
encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability;
(F)
assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications;
(G)
identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications;
(H)
establish coordinated guidance for Federal grant programs for public safety interoperable communications;
(I)
provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability;
(J)
develop and disseminate best practices to improve public safety communications interoperability; and
(K)
develop appropriate performance measures and milestones to systematically measure the Nation's progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards.
(2)

Office for interoperability and compatibility.—
(A)

Establishment of office.—
The Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection.
(B)

Functions.—
If the Secretary establishes such office, the Secretary shall, through such office—
(i)
carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and
(ii)
carry out section 510 of the Homeland Security Act of 2002, as added by subsection (d).
(3)

Authorization of appropriations.—
There are authorized to be appropriated to the Secretary to carry out this subsection—
(A)
$22,105,000 for fiscal year 2005;
(B)
$22,768,000 for fiscal year 2006;
(C)
$23,451,000 for fiscal year 2007;
(D)
$24,155,000 for fiscal year 2008; and
(E)
$24,879,000 for fiscal year 2009.
(b)

Report.—
Not later than 120 days after the date of enactment of this Act, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development.
(c)

International Interoperability.—
Not later than 18 months after the date of enactment of this Act, the President shall establish a mechanism for coordinating cross-border interoperability issues between—
(1)
the United States and Canada; and
(2)
the United States and Mexico.
* * * * * * *
(e)

Multiyear Interoperability Grants.—
(1)

Multiyear commitments.—
In awarding grants to any State, region, local government, or Indian tribe for the purposes of enhancing interoperable communications capabilities for emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection.
(2)

Restrictions.—
(A)

Time limit.—
No multiyear interoperability commitment may exceed 3 years in duration.
(B)

Amount of committed funds.—
The total amount of assistance the Secretary has committed to obligate for any future fiscal year under paragraph (1) may not exceed $150,000,000.
(3)

Letters of intent.—
(A)

Issuance.—
Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an interoperability communications project (including interest costs and costs of formulating the project).
(B)

Schedule.—
A letter of intent under this paragraph shall establish a schedule under which the Secretary will reimburse the applicant for the Federal Government's share of the project's costs, as amounts become available, if the applicant, after the Secretary issues the letter, carries out the project before receiving amounts under a grant issued by the Secretary.
(C)

Notice to secretary.—
An applicant that is issued a letter of intent under this subsection shall notify the Secretary of the applicant's intent to carry out a project pursuant to the letter before the project begins.
(D)

Notice to congress.—
The Secretary shall transmit a written notification to the Congress no later than 3 days before the issuance of a letter of intent under this section.
(E)

Limitations.—
A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31, United States Code, and is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.
(F)

Statutory construction.—
Nothing in this subsection shall be construed—
(i)
to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or
(ii)
to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this subsection.
(f)4

Interoperable Communications Plans.—
Any applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall—
^4
Section 301(c) of Public Law 110–53 provides for amendments to subsections (f) and (g)(1). The language provides that the amendments be made to the “Intelligence Reform and Terrorist Prevention Act of 2004”. Such amendments were executed to the Act entitled the “Intelligence Reform and Terrorism Prevention Act of 2004” in order to reflect the probable intent of Congress.
(1)
describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources;
(2)
describe the available and planned use of public safety frequency spectrum and resources for interoperable communications within such jurisdictions;
(3)
describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities;
(4)
include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installation, training, and operations and maintenance;
(5)
describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary;
(6)
include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and
(7)
describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input.
(g)

Definitions.—
In this section:
(1)

Interoperable communications.—
The term “interoperable communications” means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary.
(2)

Emergency response providers.—
The term “emergency response providers” has the meaning that term has under section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(i)

Sense of Congress Regarding Interoperable Communications.—
(1)

Finding.—
The Congress finds that—
(A)
many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and
(B)
their inability to do so threatens the public's safety and may result in unnecessary loss of lives and property.
(2)

Sense of congress.—
It is the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed as soon as practicable for use by the first responder community, and that upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability.
SEC. 7304.
[6 U.S.C. 194 note]

REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
(a)

Pilot Projects.—
Consistent with sections 302 and 430 of the Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish not fewer than 2 pilot projects in high threat urban areas or regions that are likely to implement a national model strategic plan.
(b)

Purposes.—
The purposes of the pilot projects required by this section shall be to develop a regional strategic plan to foster interagency communication in the area in which it is established and coordinate the gathering of all Federal, State, and local first responders in that area, consistent with the national strategic plan developed by the Department of Homeland Security.
(c)

Selection Criteria.—
In selecting urban areas for the location of pilot projects under this section, the Secretary shall consider—
(1)
the level of risk to the area, as determined by the Department of Homeland Security;
(2)
the number of Federal, State, and local law enforcement agencies located in the area;
(3)
the number of potential victims from a large scale terrorist attack in the area; and
(4)
such other criteria reflecting a community's risk and vulnerability as the Secretary determines is appropriate.
(d)

Interagency Assistance.—
The Secretary of Homeland Security shall consult with the Secretary of Defense as necessary for the development of the pilot projects required by this section, including examining relevant standards, equipment, and protocols in order to improve interagency communication among first responders.
(e)

Reports to Congress.—
The Secretary of Homeland Security shall submit to Congress—
(1)
an interim report regarding the progress of the interagency communications pilot projects required by this section 6 months after the date of enactment of this Act; and
(2)
a final report 18 months after that date of enactment.
(f)

Funding.—
There are authorized to be made available to the Secretary of Homeland Security, such sums as may be necessary to carry out this section.
SEC. 7305.

PRIVATE SECTOR PREPAREDNESS.
(a)

Findings.—
Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:
(1)
Private sector organizations own 85 percent of the Nation's critical infrastructure and employ the vast majority of the Nation's workers.
(2)
Preparedness in the private sector and public sector for rescue, restart and recovery of operations should include, as appropriate—
(A)
a plan for evacuation;
(B)
adequate communications capabilities; and
(C)
a plan for continuity of operations.
(3)
The American National Standards Institute recommends a voluntary national preparedness standard for the private sector based on the existing American National Standard on Disaster/Emergency Management and Business Continuity Programs (NFPA 1600), with appropriate modifications. This standard establishes a common set of criteria and terminology for preparedness, disaster management, emergency management, and business continuity programs.
(4)
The mandate of the Department of Homeland Security extends to working with the private sector, as well as government entities.
(b)

Sense of Congress on Private Sector Preparedness.—
It is the sense of Congress that the Secretary of Homeland Security should promote, where appropriate, the adoption of voluntary national preparedness standards such as the private sector preparedness standard developed by the American National Standards Institute and based on the National Fire Protection Association 1600 Standard on Disaster/Emergency Management and Business Continuity Programs.
SEC. 7306.

CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a)

Findings.—
Congress makes the following findings:
(1)
Under section 201 of the Homeland Security Act of 2002 (6 U.S.C 121), the Department of Homeland Security, through the Under Secretary for Information Analysis and Infrastructure Protection, has the responsibility—
(A)
to carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States;
(B)
to identify priorities for protective and supportive measures; and
(C)
to develop a comprehensive national plan for securing the key resources and critical infrastructure of the United States.
(2)
Under Homeland Security Presidential Directive 7, issued on December 17, 2003, the Secretary of Homeland Security was given 1 year to develop a comprehensive plan to identify, prioritize, and coordinate the protection of critical infrastructure and key resources.
(3)
The report of the National Commission on Terrorist Attacks Upon the United States recommended that the Secretary of Homeland Security should—
(A)
identify those elements of the United States' transportation, energy, communications, financial, and other institutions that need to be protected;
(B)
develop plans to protect that infrastructure; and
(C)
exercise mechanisms to enhance preparedness.
(b)

Reports on Risk Assessment and Readiness.—
Not later than 180 days after the date of enactment of this Act, and in conjunction with the reporting requirements of Public Law 108–330, the Secretary of Homeland Security shall submit a report to Congress on—
(1)
the Department of Homeland Security's progress in completing vulnerability and risk assessments of the Nation's critical infrastructure;
(2)
the adequacy of the Government's plans to protect such infrastructure; and
(3)
the readiness of the Government to respond to threats against the United States.
SEC. 7307.

NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
It is the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the plans and strategies of the United States Northern Command with a view to ensuring that the United States Northern Command is prepared to respond effectively to all military and paramilitary threats within the United States, should it be called upon to do so by the President.
SEC. 7308.
[6 U.S.C. 194 note]

EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of this Act.
Subtitle D—

Homeland Security
SEC. 7401.

SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is the sense of Congress that Congress must pass legislation in the first session of the 109th Congress to reform the system for distributing grants to enhance State and local government prevention of, preparedness for, and response to acts of terrorism.
* * * * * * *
SEC. 7403.

STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a)

Study.—
The Secretary of Homeland Security, in coordination with the Chairman of the Federal Communications Commission, and in consultation with the heads of other appropriate Federal agencies and representatives of providers and participants in the telecommunications industry, shall conduct a study to determine whether it is cost-effective, efficient, and feasible to establish and implement an emergency telephonic alert notification system that will—
(1)
alert persons in the United States of imminent or current hazardous events caused by acts of terrorism; and
(2)
provide information to individuals regarding appropriate measures that may be undertaken to alleviate or minimize threats to their safety and welfare posed by such events.
(b)

Technologies To Consider.—
In conducting the study, the Secretary shall consider the use of the telephone, wireless communications, and other existing communications networks to provide such notification.
(c)

Report.—
Not later than 9 months after the date of enactment of this Act, the Secretary shall submit to Congress a report regarding the conclusions of the study.
SEC. 7404.

PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL AGE.
(a)

Pilot Study.—
The Secretary of Homeland Security, from funds made available for improving the national system to notify the general public in the event of a terrorist attack, and in consultation with the Attorney General, the Secretary of Transportation, the heads of other appropriate Federal agencies, the National Association of State Chief Information Officers, and other stakeholders with respect to public warning systems, shall conduct a pilot study under which the Secretary of Homeland Security may issue public warnings regarding threats to homeland security using a warning system that is similar to the AMBER Alert communications network.
(b)

Report.—
Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report regarding the findings, conclusions, and recommendations of the pilot study.
(c)

Prohibition on Use of Highway Trust Fund.—
No funds derived from the Highway Trust Fund may be transferred to, made available to, or obligated by the Secretary of Homeland Security to carry out this section.
SEC. 7405.

REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there is effective and ongoing coordination of Federal efforts to prevent, prepare for, and respond to acts of terrorism and other major disasters and emergencies among the divisions of the Department of Homeland Security, including the Directorate of Emergency Preparedness and Response and the Office for State and Local Government Coordination and Preparedness.
* * * * * * *
SEC. 7407.

RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) * * * * * * * * * *
(c)

Authorization of Appropriations.—
Of the amounts appropriated for the Department of Homeland Security for Departmental management and operations for fiscal year 2005, there is authorized up to $6,000,000 to carry out section 878 of the Department of Homeland Security Act of 2002.
* * * * * * *
Subtitle E—

Public Safety Spectrum
SEC. 7501.

DIGITAL TELEVISION CONVERSION DEADLINE.
(a)

Findings.—
Congress finds the following:
(1)
Congress granted television broadcasters additional 6 megahertz blocks of spectrum to transmit digital broadcasts simultaneously with the analog broadcasts they submit on their original 6 megahertz blocks of spectrum.
(2)
Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)) requires each television broadcaster to cease analog transmissions and return 6 megahertz of spectrum not later than—
(A)
December 31, 2006; or
(B)
the date on which more than 85 percent of the television households in the market of such broadcaster can view digital broadcast television channels using a digital television, a digital-to-analog converter box, cable service, or satellite service.
(3)
Twenty-four megahertz of spectrum occupied by television broadcasters has been earmarked for use by first responders as soon as the television broadcasters return the spectrum broadcasters being used to provide analog transmissions. This spectrum would be ideal to provide first responders with interoperable communications channels.
(4)
Large parts of the vacated spectrum could be auctioned for advanced commercial services, such as wireless broadband.
(5)
The 85 percent penetration test described in paragraph (2)(B) could delay the termination of analog television broadcasts and the return of spectrum well beyond 2007, hindering the use of that spectrum for these important public safety and advanced commercial uses.
(6)
While proposals to require broadcasters to return, on a date certain, the spectrum earmarked for future public safety use may improve the ability of public safety entities to begin planning for use of this spectrum, such proposals have certain deficiencies. The proposals would require the dislocation of up to 75 broadcast stations, which also serve a critical public safety function by broadcasting weather, traffic, disaster, and other safety alerts. Such disparate treatment of broadcasters would be unfair to the broadcasters and their respective viewers. Requiring the return of all analog broadcast spectrum by a date certain would have the benefit of addressing the digital television transition in a comprehensive fashion that treats all broadcasters and viewers equally, while freeing spectrum for advanced commercial services.
(7)
The Federal Communications Commission should consider all regulatory means available to expedite the return of the analog spectrum.
(b)

Sense of Congress.—
It is the sense of Congress that—
(1)
Congress must act to pass legislation in the first session of the 109th Congress that establishes a comprehensive approach to the timely return of analog broadcast spectrum as early as December 31, 2006; and
(2)
any delay in the adoption of the legislation described in paragraph (1) will delay the ability of public safety entities to begin planning to use this needed spectrum.
SEC. 7502.

STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS.
(a)

Allocations of Spectrum for Emergency Response Providers.—
The Federal Communications Commission shall, in consultation with the Secretary of Homeland Security and the National Telecommunications and Information Administration, conduct a study to assess short-term and long-term needs for allocations of additional portions of the electromagnetic spectrum for Federal, State, and local emergency response providers, including whether or not an additional allocation of spectrum in the 700 megahertz band should be granted by Congress to such emergency response providers.
(b)

Strategies To Meet Public Safety Telecommunications Requirements.—
The Secretary of Homeland Security shall, in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration, conduct a study to assess strategies that may be used to meet public safety telecommunications needs, including—
(1)
the need and efficacy of deploying nationwide interoperable communications networks (including the potential technical and operational standards and protocols for nationwide interoperable broadband mobile communications networks that may be used by Federal, State, regional, and local governmental and nongovernmental public safety, homeland security, and other emergency response personnel);
(2)
the capacity of public safety entities to utilize wireless broadband applications; and
(3)
the communications capabilities of all emergency response providers, including hospitals and health care workers, and current efforts to promote communications coordination and training among emergency response providers.
(c)

Study Requirements.—
In conducting the studies required by subsections (a) and (b), the Secretary of Homeland Security and the Federal Communications Commission shall—
(1)
seek input from Federal, State, local, and regional emergency response providers regarding the operation and administration of a potential nationwide interoperable broadband mobile communications network; and
(2)
consider the use of commercial wireless technologies to the greatest extent practicable.
(d)

Reports.—
(1)
Not later than one year after the date of enactment of this Act, the Federal Communications Commission (in the case of the study required by subsection (a)) and the Secretary of Homeland Security (in the case of the study required by subsection (b)) shall submit to the appropriate committees of Congress a report on such study, including the findings of such study.
(2)
In this subsection, the term “appropriate committees of Congress” means—
(A)
the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B)
the Committee on Energy and Commerce and the Select Committee on Homeland Security of the House of Representatives.
Subtitle F—

Presidential Transition
SEC. 7601.

PRESIDENTIAL TRANSITION.
(a) * * *
(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)
[50 U.S.C. 3342]

Security Clearances for Transition Team Members.—
(1)

Definition.—
In this section, the term “eligible candidate” has the meaning given such term by section 3(h)(4) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).
(2)

In general.—
Each eligible 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)
[3 U.S.C. 102 note]

Effective Date.—
Notwithstanding section 351, this section and the amendments made by this section shall take effect on the date of enactment of this Act.
Subtitle G—

Improving International Standards and Cooperation to Fight Terrorist Financing
SEC. 7701.
[31 U.S.C. 5311 note]

IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT TERRORIST FINANCING.
(a)

Findings.—
Congress makes the following findings:
(1)
The global war on terrorism and cutting off terrorist financing is a policy priority for the United States and its partners, working bilaterally and multilaterally through the United Nations, the United Nations Security Council and its committees, such as the 1267 and 1373 Committees, the Financial Action Task Force (FATF), and various international financial institutions, including the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (IBRD), and the regional multilateral development banks, and other multilateral fora.
(2)
The international financial community has become engaged in the global fight against terrorist financing. The Financial Action Task Force has focused on the new threat posed by terrorist financing to the international financial system, resulting in the establishment of the FATF's Eight Special Recommendations on Terrorist Financing as the international standard on combating terrorist financing. The Group of Seven and the Group of Twenty Finance Ministers are developing action plans to curb the financing of terror. In addition, other economic and regional fora, such as the Asia-Pacific Economic Cooperation (APEC) Forum, and the Western Hemisphere Financial Ministers, have been used to marshal political will and actions in support of combating the financing of terrorism (CFT) standards.
(3)
FATF's Forty Recommendations on Money Laundering and the Eight Special Recommendations on Terrorist Financing are the recognized global standards for fighting money laundering and terrorist financing. The FATF has engaged in an assessment process for jurisdictions based on their compliance with these standards.
(4)
In March 2004, the IMF and IBRD Boards agreed to make permanent a pilot program of collaboration with the FATF to assess global compliance with the FATF Forty Recommendations on Money Laundering and the Eight Special Recommendations on Terrorist Financing. As a result, anti-money laundering (AML) and combating the financing of terrorism (CFT) assessments are now a regular part of their Financial Sector Assessment Program (FSAP) and Offshore Financial Center assessments, which provide for a comprehensive analysis of the strength of a jurisdiction's financial system. These reviews assess potential systemic vulnerabilities, consider sectoral development needs and priorities, and review the state of implementation of and compliance with key financial codes and regulatory standards, among them the AML and CFT standards.
(5)
To date, 70 FSAPs have been conducted, with over 24 of those incorporating AML and CFT assessments. The international financial institutions (IFIs), the FATF, and the FATF-style regional bodies together are expected to assess AML and CFT regimes in up to 40 countries or jurisdictions per year. This will help countries and jurisdictions identify deficiencies in their AML and CFT regimes and help focus technical assistance efforts.
(6)
Technical assistance programs from the United States and other nations, coordinated with the Department of State and other departments and agencies, are playing an important role in helping countries and jurisdictions address shortcomings in their AML and CFT regimes and bringing their regimes into conformity with international standards. Training is coordinated within the United States Government, which leverages multilateral organizations and bodies and international financial institutions to internationalize the conveyance of technical assistance.
(7)
In fulfilling its duties in advancing incorporation of AML and CFT standards into the IFIs as part of the IFIs' work on protecting the integrity of the international monetary system, the Department of the Treasury, under the guidance of the Secretary of the Treasury, has effectively brought together all of the key United States Government agencies. In particular, United States Government agencies continue to work together to foster broad support for this important undertaking in various multilateral fora, and United States Government agencies recognize the need for close coordination and communication within our own Government.
(b)

Sense of Congress Regarding Success in Multilateral Organizations.—
It is the sense of Congress that the Secretary of the Treasury should continue to promote the dissemination of international AML and CFT standards, and to press for full implementation of the FATF 40 + 8 Recommendations by all countries in order to curb financial risks and hinder terrorist financing around the globe. The efforts of the Secretary in this regard should include, where necessary or appropriate, multilateral action against countries whose counter-money laundering regimes and efforts against the financing of terrorism fall below recognized international standards.
SEC. 7702.

DEFINITIONS.
In this subtitle—
(1)
the term “international financial institutions” has the same meaning as in section 1701(c)(2) of the International Financial Institutions Act;
(2)
the term “Financial Action Task Force” means the international policy-making and standard-setting body dedicated to combating money laundering and terrorist financing that was created by the Group of Seven in 1989; and
(3)
the terms “Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System” and “Interagency Paper” mean the interagency paper prepared by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and Exchange Commission that was announced in the Federal Register on April 8, 2003.
* * * * * * *
SEC. 7704.
[31 U.S.C. 5311 note]

COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the Secretary, as the lead United States Government official to the Financial Action Task Force (FATF), shall continue to convene the interagency United States Government FATF working group. This group, which includes representatives from all relevant Federal agencies, shall meet at least once a year to advise the Secretary on policies to be pursued by the United States regarding the development of common international AML and CFT standards, to assess the adequacy and implementation of such standards, and to recommend to the Secretary improved or new standards, as necessary.
Subtitle H—

Emergency Financial Preparedness
* * * * * * *
SEC. 7802.

TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION.
(a)

Findings.—
Congress finds that the Secretary of the Treasury—
(1)
has successfully communicated and coordinated with the private-sector financial services industry about financial infrastructure preparedness and response issues;
(2)
has successfully reached out to State and local governments and regional public-private partnerships, such as ChicagoFIRST, that protect employees and critical infrastructure by enhancing communication and coordinating plans for disaster preparedness and business continuity; and
(3)
has set an example for the Department of Homeland Security and other Federal agency partners, whose active participation is vital to the overall success of the activities described in paragraphs (1) and (2).
(b)

Sense of Congress.—
It is the sense of Congress that the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, other Federal agency partners, and private-sector financial organization partners, should—
(1)
furnish sufficient personnel and technological and financial resources to educate consumers and employees of the financial services industry about domestic counterterrorist financing activities, particularly about—
(A)
how the public and private sector organizations involved in such activities can combat terrorism while
protecting and preserving the lives and civil liberties of consumers and employees of the financial services industry; and
(B)
how the consumers and employees of the financial services industry can assist the public and private sector organizations involved in such activities; and
(2)
submit annual reports to Congress on efforts to accomplish subparagraphs (A) and (B) of paragraph (1).
(c)

Report on Public-Private Partnerships.—
Before the end of the 6-month period beginning on the date of enactment of this Act, the Secretary of the Treasury shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing—
(1)
information on the efforts that the Department of the Treasury has made to encourage the formation of public-private partnerships to protect critical financial infrastructure and the type of support that the Department has provided to such partnerships; and
(2)
recommendations for administrative or legislative action regarding such partnerships, as the Secretary may determine to be appropriate.
SEC. 7803.
[15 U.S.C. 78a note]

EMERGENCY SECURITIES RESPONSE ACT OF 2004.
(a)

Short Title.—
This section may be cited as the “Emergency Securities Response Act of 2004”.
(b)

Extension of Emergency Order Authority of the Securities and Exchange Commission.—
(1) * * * * * * * * * *
(e)

Joint Report on Implementation of Financial System Resilience Recommendations.—
(1)

Report required.—
Not later than April 30, 2006, the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and Exchange Commission shall prepare and submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a joint report on the efforts of the private sector to implement the Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System.
(2)

Contents of report.—
The report required by paragraph (1) shall—
(A)
examine the efforts to date of private sector financial services firms covered by the Interagency Paper to implement enhanced business continuity plans;
(B)
examine the extent to which the implementation of such business continuity plans has been done in a geographically dispersed manner, including an analysis of the extent to which such firms have located their main and backup facilities in separate electrical networks, in different watersheds, in independent transportation systems, and using separate telecommunications centers, and the cost and technological implications of further dispersal;
(C)
examine the need to cover a larger range of private sector financial services firms that play significant roles in critical financial markets than those covered by the Interagency Paper; and
(D)
recommend legislative and regulatory changes that will—
(i)
expedite the effective implementation of the Interagency Paper by all covered financial services entities; and
(ii)
optimize the effective implementation of business continuity planning by the financial services industry.
(3)

Confidentiality.—
Any information provided to the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or the Securities and Exchange Commission for the purposes of the preparation and submission of the report required by paragraph (1) shall be treated as privileged and confidential. For purposes of section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section 552.
(4)

Definition.—
As used in this subsection, the terms “Interagency Paper on Sound Practices to Strengthen the Resilience of the U.S. Financial System” and “Interagency Paper” mean the interagency paper prepared by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Securities and Exchange Commission that was announced in the Federal Register on April 8, 2003.
* * * * * * *
SEC. 7804.

PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and credit-rating agencies, where relevant, should carefully consider a company's compliance with standards for private sector disaster and emergency preparedness in assessing insurability and creditworthiness, to ensure that private sector investment in disaster and emergency preparedness is appropriately encouraged.
TITLE VIII—

OTHER MATTERS
Subtitle A—

Intelligence Matters
SEC. 8101.
[50 U.S.C. 3024 note]

INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
(a)

In General.—
The Director of National Intelligence shall establish a formal relationship, including information sharing, between the elements of the intelligence community and the National Infrastructure Simulation and Analysis Center.
(b)

Purpose.—
The purpose of the relationship under subsection (a) shall be to permit the intelligence community to take full advantage of the capabilities of the National Infrastructure Simulation and Analysis Center, particularly vulnerability and consequence analysis, for real time response to reported threats and long term planning for projected threats.
Subtitle B—

Department of Homeland Security Matters
SEC. 8201.
[6 U.S.C. 343 note]

HOMELAND SECURITY GEOSPATIAL INFORMATION.
(a)

Findings.—
Congress makes the following findings:
(1)
Geospatial technologies and geospatial data improve government capabilities to detect, plan for, prepare for, and respond to disasters in order to save lives and protect property.
(2)
Geospatial data improves the ability of information technology applications and systems to enhance public security in a cost-effective manner.
(3)
Geospatial information preparedness in the United States, and specifically in the Department of Homeland Security, is insufficient because of—
(A)
inadequate geospatial data compatibility;
(B)
insufficient geospatial data sharing; and
(C)
technology interoperability barriers.
* * * * * * *
Subtitle C—

Homeland Security Civil Rights and Civil Liberties Protection
SEC. 8301.
[6 U.S.C. 101 note]

SHORT TITLE.
This subtitle may be cited as the “Homeland Security Civil Rights and Civil Liberties Protection Act of 2004”.
* * * * * * *
SEC. 8306.
[6 U.S.C. 112 note]

PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the Department of Homeland Security complies with the protections for human research subjects, as described in part 46 of title 45, Code of Federal Regulations, or in equivalent regulations as promulgated by such Secretary, with respect to research that is conducted or supported by the Department.
Subtitle D—

Other Matters
* * * * * * *
SEC. 8402.
[28 U.S.C. 531 note]

ENTERPRISE ARCHITECTURE.
(a)

Enterprise Architecture Defined.—
In this section, the term “enterprise architecture” means a detailed outline or blueprint of the information technology of the Federal Bureau of Investigation that will satisfy the ongoing mission and goals of the Federal Bureau of Investigation and that sets forth specific and identifiable benchmarks.
(b)

Enterprise Architecture.—
The Federal Bureau of Investigation shall—
(1)
continually maintain and update an enterprise architecture; and
(2)
maintain a state of the art and up to date information technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation.
(c)

Report.—
Subject to subsection (d), the Director of the Federal Bureau of Investigation shall, on an annual basis, submit to the Committees on the Judiciary of the Senate and House of Representatives a report on whether the major information technology investments of the Federal Bureau of Investigation are in compliance with the enterprise architecture of the Federal Bureau of Investigation and identify any inability or expectation of inability to meet the terms set forth in the enterprise architecture.
(d)

Failure To Meet Terms.—
If the Director of the Federal Bureau of Investigation identifies any inability or expectation of inability to meet the terms set forth in the enterprise architecture in a report under subsection (c), the report under subsection (c) shall—
(1)
be twice a year until the inability is corrected;
(2)
include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise architecture is substantially related to resources; and
(3)
if the inability or expectation of inability is substantially related to resources, include a request for additional funding that would resolve the problem or a request to reprogram funds that would resolve the problem.
(e)

Enterprise Architecture, Agency Plans and Reports.—
This section shall be carried out in compliance with the requirements set forth in section 1016(e) and (h).
SEC. 8403.

FINANCIAL DISCLOSURE AND RECORDS.
(a)

Study.—
Not later than 90 days after the date of enactment of this Act, the Office of Government Ethics shall submit to Congress a report—
(1)
evaluating the financial disclosure process for employees of the executive branch of Government; and
(2)
making recommendations for improving that process.
(b)
[5 U.S.C. 1101 note]

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 shall transmit such electronic record to any other candidate for President who is an eligible candidate described in section 3(h)(4)(B) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) and may transmit such electronic record to any other candidate for President.
(3)

Content.—
The record transmitted under this subsection shall provide—
(A)
all positions which are appointed by the President, including the title and description of the duties of each position;
(B)
the name of each person holding a position described under subparagraph (A);
(C)
any vacancy in the positions described under subparagraph (A), and the period of time any such position has been vacant;
(D)
the date on which an appointment made after the applicable Presidential election for any position described under subparagraph (A) is necessary to ensure effective operation of the Government; and
(E)
any other information that the Office of Personnel Management determines is useful in making appointments.
(c)

Reduction of Positions Requiring Appointment With Senate Confirmation.—
(1)

Definition.—
In this subsection, the term “agency” means an Executive agency as defined under section 105 of title 5, United States Code.
(2)

Reduction plan.—
(A)

In general.—
Not later than 180 days after the date of enactment of this Act, the head of each agency shall submit a Presidential appointment reduction plan to—
(i)
the President;
(ii)
the Committee on Homeland Security and Governmental Affairs of the Senate; and
(iii)
the Committee on Government Reform of the House of Representatives.
(B)

Content.—
The plan under this paragraph shall provide for the reduction of—
(i)
the number of positions within that agency that require an appointment by the President, by and with the advice and consent of the Senate; and
(ii)
the number of levels of such positions within that agency.
(d)

Office of Government Ethics Review of Conflict of Interest Law.—
(1)

In general.—
Not later than 1 year after the date of enactment of this Act, the Director of the Office of Government Ethics, in consultation with the Attorney General of the United States, shall conduct a comprehensive review of conflict of interest laws relating to executive branch employment and submit a report to—
(A)
the President;
(B)
the Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate;
(C)
the Committees on Government Reform and the Judiciary of the House of Representatives.
(2)

Contents.—
The report under this subsection shall examine sections 203, 205, 207, and 208 of title 18, United States Code.
* * * * * * *