[Congressional Record Volume 150, Number 104 (Tuesday, September 7, 2004)]
[Senate]
[Pages S8864-S8916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      Mr. McCAIN (for himself, Mr. Lieberman, Mr. Specter, Mr. Bayh, 
        Mr. Graham of South Carolina, Mr. Daschle, Mrs. Clinton, Mr. 
        Nelson of Florida, Mr. Corzine, and Ms. Mikulski):
  S. 2774. A bill to implement the recommendations of the National 
Commission on Terrorist Attacks Upon the United States, and for other 
purposes; read the first time.
  Mr. McCAIN. Mr. President, this week marks the third anniversary of 
that terrible day in 2001 when terrorists attacked America's commercial 
and governmental capitals. On that occasion, in the largest attack ever 
on American soil, 2,973 innocent individuals lost their lives. The 
victimization of America went beyond this astounding number, with 
physical injuries to many, damage to our Nation's economy, and 
psychological trauma among millions who witnessed these shocking 
events.
  While nothing we do can erase this pain, we can honor and pay tribute 
to those who have suffered by ensuring that terrorists never again 
attack our land. We have come a long way since 2001 in enhancing this 
country's ability to prevent and respond to terrorist attacks, but, as 
the 9/11 Commission said in its final report, we are not yet safe. 
Increasing our safety against terrorist attack requires new strategies, 
new ways of thinking, and new ways of organizing our government.
  Today I am pleased to be joined by Senators Lieberman, Specter, Bayh, 
Graham of South Carolina, Daschle, and Clinton in introducing 
legislation designed to implement the 9/11 Commission recommendations, 
which were issued just prior to the August recess. Governor Tom Kean 
and Representative Lee Hamilton have endorsed this bill, and assured us 
that it accurately reflects the Commission's intent.
  With the introduction of this bill, the Senate now has before it 
legislation that addresses each of the Commission's 41 recommendations, 
which together are designed to build unity of effort across the U.S. 
Government--all in an effort to prevent future terrorist attacks. The 
provisions of this bill outline the shape and objectives of a global 
counterterrorism strategy, and suggest a reconfiguration of our 
national security and homeland security apparatus within the U.S. 
Government. As anyone who reads the legislation will quickly see, it 
also cuts across jurisdictional lines with respect to the Senate 
committee prerogatives. There are portions of this bill that deal with 
intelligence, foreign affairs, defense, border security and commerce, 
transportation security, and more. In normal times, naysayers would 
caution that this fact alone could paralyze this body. But these are 
not normal times. International terrorism poses a real and present 
danger to the United States, and it is our responsibility as elected 
officials to take action on the Commission's recommendations.
  I would like to highlight some of the major aspects of the bill, and 
I know that the other sponsors also will provide details on the bill's 
structure.
  The largest section of this bill concerns the reorganization of our 
intelligence community. This legislation establishes a National 
Intelligence Authority to unify the efforts of the community, and this 
new entity would be headed by a National Intelligence Director, NID. 
The NID also would act as the principal intelligence advisor to the 
President, taking over this function from the Director of Central 
Intelligence. The NID would have direct budgetary authority and 
significant personnel authority over all of the intelligence agencies, 
except those that generate intelligence that falls under the purview of 
one department alone, such as tactical military intelligence. The NID 
would have influence over the budgets for these other entities that do 
provide this very specific intelligence. Assisting the NID would be 
four deputies, including a principal deputy, another that serves 
currently as the CIA Director and would handle foreign intelligence, a 
deputy that also serves as the Under Secretary of Defense for 
Intelligence, and a fourth that handles domestic intelligence.
  Also established in this bill is a National Counterterrorism Center 
to oversee all of the U.S. Government counterterrorism operations, 
including analysis, net assessments, and guidance for joint 
counterterrorism operations. The center would be headed by a deputy-
level official who can adjudicate policy disagreements among the 
agencies and, if need be, bump them up to the National Security Council 
for a decision. In addition to the National Counterterrorism Center, 
the bill authorizes the NID to establish ``National Intelligence 
Centers'' that will address particular geographic or functional areas. 
These centers will, like the NCTC, bring together the full range of 
reporting and analysis on particular topics so that no one with a need 
to know is cut out of the loop. There are also provisions designed to 
ensure that increased centralization of the intelligence community does 
not lead to a reduction in the range of analytical views available to 
policymakers.
  Finally in the intelligence title, the bill codifies the critical 
reforms that Director Mueller has begun at the FBI, including his 
efforts to improve the FBI's intelligence capabilities and develop a 
personnel cadre that specializes in national security issues.
  In its report, the 9/11 Commission found that the biggest impediment 
to ``connecting the dots'' among diverse sources of homeland security 
information is the widespread resistance to sharing. To address this 
problem, the Commission recommended that the President create a new 
``trusted information network'' modeled on a framework developed by a 
Markle Foundation task force. This bill directs the President to create 
an information network among all Federal departments and agencies with 
responsibilities for homeland security, among State and local 
authorities, and among relevant private sector entities. The 
legislation describes key attributes that should be incorporated into 
the network and sets forth an ambitious schedule for development and 
implementation.
  The Commission report stated that, ``Of all our recommendations, 
strengthening congressional oversight may be among the most difficult 
and important. So long as oversight is governed by current 
congressional rules and resolutions, we believe the American people 
will not get the security they want and need. The United States needs a 
strong, stable, and capable congressional committee structure to give 
America's national intelligence agencies oversight, support, and 
leadership.''

[[Page S8865]]

  The Commission offered several options for how Congress should be 
restructured to best provide for strong oversight over both 
intelligence and homeland security. With respect to intelligence, it 
recommended that Congress create either a joint committee modeled after 
the Joint Atomic Energy Committee or House and Senate Committees with 
combined authorizing and appropriating powers. With respect to homeland 
security, it recommended that Congress create a single, principal point 
of oversight and review, noting that DHS officials now appear before 88 
different committees and subcommittees.
  Late last month, the Senate leadership tasked a bipartisan working 
group with examining how best to implement these recommendations and 
asked it to report back to the leadership as soon as possible. In 
recognition of this ongoing review, our bill does not propose the 
committee structures we believe should be adopted, but instead includes 
a Sense of the Congress that both houses of the 108th Congress adopt 
all necessary rule changes so that the committee structures for the 
109th Congress are revised in accordance with one of the options 
recommended by the Commission.
  It is incumbent on each member to put aside jurisdictional power 
struggles and take action that is in the interest of securing our 
homeland. We should strive to never again read a report that calls 
Congressional oversight ``dysfunctional.'' We simply must heed the 
Commissions call to action and fundamentally overhaul Congressional 
oversight for intelligence and homeland security. As the Commission 
stated, ``tinkering with the existing structure is not sufficient.''
  As recommended by the Commission, we have included provisions to help 
ensure that an incoming President-elect can start putting together his 
national security team during a transition between administrations. Our 
legislation would establish procedures for expediting security 
clearances and Senate consideration of top national security 
appointees, as well as any necessary clearances for presidential 
transition team members. In addition, it directs the President to 
consolidate security clearance responsibilities in a single Federal 
agency, and to work with the new NID to set uniform standards for 
granting security clearances so that they are accepted by all Federal 
agencies.
  One lesson from the Commissions report is that no one set of 
strategies is sufficient to prevent future terrorist attacks. The 
United States must use all of the instruments at our disposal to 
counter the short and long-term threats posed by international 
terrorism. For this reason, we have devoted an entire title of the bill 
to the role of diplomacy, foreign aid, and the military. The 
legislation would renew the U.S. commitment to Pakistan's future, in 
light of the critical role that country plays in the war on terror, and 
authorizes a substantial increase in aid to Afghanistan. It addresses 
our relations with Saudi Arabia and suggests establishing an 
international contact group to develop a multilateral counterterrorism 
strategy. Other provisions in our bill will enhance America's ability 
to fight the war of ideas by promoting universal values of democracy, 
tolerance, and openness. It authorizes increased funding for U.S. 
broadcasts to Muslim countries and would ramp up the scale of education 
and exchange programs.
  This bill notes that the proliferation of weapons of mass destruction 
is a grave and gathering threat to this country, and suggests ways to 
strengthen our nonproliferation programs. And, since portrayals of 
mistreatment of captured terrorists hinders our ability to engage in 
the wider struggle against them, this legislation both reiterates 
standards for their humane treatment once captured, and calls on the 
U.S. Government to develop a common approach to detainee treatment, 
along with its coalition partners.
  One significant way to prevent future terrorist attacks on American 
soil is to stop terrorists from entering the country in the first 
place. This bill contains a number of provisions that would enhance the 
security of our borders, transportation systems and critical 
infrastructure. For example, our legislation requires the Secretary of 
Homeland Security to work with multiple government agencies to develop 
a unified strategy to intercept terrorists, find terrorist 
facilitators, and constrain terrorist mobility both domestically and 
internationally. In addition, to efficiently screen persons entering 
the United States, we must integrate the multiple terrorist screening 
systems already in place. This bill would require the Secretary of 
Homeland Security to develop a comprehensive screening system that 
brings together an integrated network of screening points, and to work 
to fully implement the entry and exit functions of the U.S. VISIT 
system at all ports of entry as quickly as possible.
  The Commission also pointed out what appears to be a gaping hole in 
our border security. I am referring to the ability of people who claim 
to be United States citizens to orally attest to their citizenship when 
passing from Canada or Mexico into the United States. Numerous reports, 
including a recent GAO study, point to our porous borders as potential 
terrorist entryways into this country. Our legislation would require 
everyone entering the U.S. to present a passport, at a minimum.
  Of course, travel documents only work insofar as they are authentic 
and can be authenticated by our officials. Our bill requires the 
Secretary of Homeland Security to establish uniform Federal standards 
for driver's licenses and birth certificates. It is long past time that 
we take action to protect these documents from being used to commit 
identity theft, terrorism, and other criminal acts.
  Although there has been considerable progress in tightening 
transportation security since September 11, the Commission made several 
recommendations to further improve the system. For example, the 
computer systems and protocols used to vet passengers before they board 
a plane are not substantially different than the systems that failed to 
prevent the 9/11 hijackers from boarding their flights. Therefore in 
this legislation we require the Transportation Security Administration 
to take over and improve the no-fly list process, and to improve the 
screening of air passengers for explosives and the screening of air 
cargo. In addition, we require DHS to set risk-based priorities for 
defending various transportation assets, and then figure out a plan and 
budget to get the job done.
  Mr. President, I am in full agreement with the Commission that we 
need to broadly address transportation security vulnerabilities. In 
fact, the Committee on Commerce, Science, and Transportation has 
already reported several legislative measures designed to improve the 
security of other transportation modes. A maritime security bill was 
signed into law in 2002, and we reported a subsequent maritime security 
measure earlier this year. We also reported, and the Senate has passed, 
a bus security bill, and our rail security legislation is pending on 
the Senate Calendar. These measures must be enacted before we adjourn.
  The Commission made a number of recommendations to further our 
national preparedness and emergency response efforts. Its report states 
that ``homeland security assistance should be based strictly on an 
assessment of risks and vulnerabilities,'' and implores that ``Congress 
should not use this money as a pork barrel.'' I heartily agree. In 
following this recommendation, the legislation directs the Secretary of 
Homeland Security to allocate assistance based on the threats, risks, 
and vulnerabilities facing a community, along with its population and 
other specific criteria. It also establishes an expert advisory panel 
to develop benchmarks for assessing the homeland security needs and 
capabilities of various communities, and rescinds the current formula 
for homeland security grants.
  The bill would also require certain broadcasters to vacate their 
television channels in a crisis so that their airwaves are available to 
first responders, and ensure that public safety organizations have 
access to this spectrum no later than January 1, 2007. In addition, it 
directs the Secretary of Homeland Security to work with other officials 
in developing effective communications capabilities, including back-up 
support. These steps are vital for closing the existing gaps in 
interoperability of emergency communications systems.

[[Page S8866]]

  The Commissioners pointed out that the private sector controls 85 
percent of the critical infrastructure in the Nation. Our bill directs 
the Secretary of Homeland Security to establish a program to promote 
private sector preparedness for terrorism and other emergencies. It 
also directs the Secretary to report to Congress regularly on the 
adequacy of the government's plans to protect our Nation's critical 
infrastructure.
  All of us who are concerned with threats to this Nation's security 
also wish to ensure that our efforts to protect Americans do not 
infringe on our civil liberties. After all, giving up the way of life 
we have fought so hard to defend is not an acceptable price for greater 
security. We must find a way to balance the two, and that is what this 
bill proposes to do. It creates a Privacy and Civil Liberties Board, as 
well as designated privacy and civil liberties officers within relevant 
Federal agencies, to analyze actions the enhanced security measures 
taken by our government and to ensure that civil liberties are 
appropriately considered as these policies are developed. The Board, 
which would reside within the Executive Office of the President, would 
advise the President and Federal agencies on the privacy and civil 
liberties implications of proposed and extant laws, as well as 
authority to oversee Federal agencies to ensure that civil liberties 
are being protected.
  In addition, the legislation requires certain agency heads to 
designate senior officers to serve as privacy and civil liberties 
resources and watchdogs. Among these officers' responsibilities is 
ensuring that their agency has a process in place to receive, 
investigate, and respond to complaints from people who report privacy 
or civil liberties violations.
  Having described the bill we are introducing today, I'd like to 
reiterate that it addresses each of the Commission's recommendations--
not more, not less. The sponsors all recognize that other legislative 
proposals will be offered that address the security of our Nation in 
the face of terrorist threats. In particular, I want to acknowledge the 
efforts by Senator Collins and Senator Lieberman, the Chairman and 
Ranking Member of the Senate Government Affairs Committee. That 
Committee has a key leadership role in this area, and it is one that I 
greatly respect. I know that they are working to report a bipartisan 
reform proposal to reform the Intelligence community in the days ahead 
and look forward to Senate debate on their proposal.
  The sponsors of today's legislation remain open to all proposals, and 
in fact, will have additional suggestions of our own. But the 
introduction of our legislation today ensures that the commendable work 
of the 9/11 Commission has a real opportunity to be debated, amended, 
and adopted. Despite the short and crowded legislative calendar, we 
urge the leadership to allow for debate on this and other proposals to 
address the 9/11 Commission's recommendations. Even in an election 
year, there is no higher priority than defending the American people 
against threats to their security.
  Mr. President, there has been much talk over recent months about the 
importance of firm resolve in the face of threats to America's security 
and its integrity. This legislation presents the Congress with an 
opportunity this year to exhibit some resolve of our own. While we will 
act in the shadow of the dark hours of September 11, we can show the 
American people--and the world--that this government is committed to 
facing down the worst threats that face us today. We can move forward--
yes, in an election year, yes, by actually finding agreement regardless 
of party or committee assignment--to better protect and preserve the 
security of this Nation. With the Senate's serious and thorough 
consideration of the Commission's recommendations, we will honor those 
who have been patient enough to afford us this opportunity to change.
  I will make two additional comments. One, we need to reform the 
institutions of government. This blueprint which outlines in 
legislative form the recommendations of the September 11 Commission are 
exactly that, a blueprint. I am confident that the Committee on 
Governmental Affairs, under the outstanding leadership of the Senator 
from Maine, Ms. Collins, working with Senator Lieberman, Senator 
Specter, and other members of the committee, will produce a legislative 
product of which everyone can be very proud. They have already begun a 
series of hearings, and I have complete confidence in their 
deliberations and their results.
  Let me also say that one of the most difficult aspects of reform will 
be reform of the institutions here and in the other body. There is no 
doubt that either one of the two committee recommendations--that there 
be a joint committee along the lines of the now defunct Joint Committee 
on Atomic Energy or two separate permanent committees. Those committees 
have to have budgetary authority. They must be able to appropriate. If 
not, those committees will be debating societies and they will not have 
the influence or power necessary or authority necessary to supervise 
America's intelligence operations.
  There are many other areas and many other ideas, including those of 
the White House and the executive branch that need to be taken into 
consideration. But I think this is a good start because if there is one 
thing all of us can agree on it is that the recommendations of the 9/11 
Commission have been embraced by virtually one and all, clearly, with 
some reservations because it is not a perfect document. But overall, 
the overwhelming majority of Americans expect that we should act on 
this blueprint as a blueprint, but, second of all, that we should act--
that we should act.
  There is no disagreement that our intelligence agencies and our 
ability to obtain the vital information that is necessary to maintain 
our national security and prevent another terrorist attack require us 
to act in an expeditious fashion.
  I understand the majority leader, in consultations with Senator 
Daschle, has laid out a schedule for the Governmental Affairs Committee 
to report out the last week in September. I think that is a very 
worthwhile cause.

  The PRESIDING OFFICER. The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, it is good to see you after the recess. 
I thank my colleague and dear friend from Arizona, Senator McCain, for 
his comments. I support him in substance and in spirit, which is to say 
the urgency of Congress reacting to the report of the 9/11 Commission.
  It was shortly after September 11 that Senator McCain and I 
introduced legislation, with Senators Specter, Bayh, and others, 
creating the National Commission on Terrorist Attacks Upon the United 
States. We believed--and we know so many others agreed--that the Nation 
needed to know as clearly and definitively as possible what had 
happened, why it had happened, and what could be done to prevent such a 
heinous attack from ever happening again.
  In particular, most understandably and movingly, the families of the 
9/11 victims rightly demanded that we learn all we could from the 
tragedy that took their loved ones from them. In its 20-month 
existence, the Commission, headed by Governor Thomas Kean and 
Congressman Lee Hamilton, brought a laser focus to its task. The 
Commission insisted on talking to the people and seeing the documents 
that could help them understand and tell the full story. The result is 
not only a definitive account of what happened on September 11, but 
also a very thoughtful and compelling analysis of why it happened and 
where we must go from here. And I take it to be a sign of not only 
tribute to the Commission but of the public concern and interest in 
what the Commission had to say, that the published volume of its 
report, unlike any I have known of in a long time, remains a bestseller 
throughout our country.
  So today, Senator McCain, Senator Specter, Senator Bayh, and I join 
together again to introduce the 9/11 Commission Report Implementation 
Act of 2004. This legislation embraces and expresses in legislative 
language all 41 of the recommendations in the Commission's final 
report. Some of those, involving calls to restructure the intelligence 
community, have already been the focus of extensive debate. Others, 
such as the proposals to crack down on fraudulent identification 
documents or to build new bridges to the Muslim world, have gotten less 
discussion. But

[[Page S8867]]

they are all--each and every one of them--the product of the 
outstanding and diligent work of the Commission and therefore deserve, 
indeed command, our attention. We did not attempt to pick and choose 
which of the 41 recommendations should be considered or legislated, or 
to edit the Commission's policy conclusions. Indeed, there are one or 
two areas where I might take a different approach to the concerns the 
Commission has raised. But the Commission's recommendations should be 
our starting point. And I believe in many cases, probably most, they 
should be our ending point as well.
  Introducing this legislation is the fulfillment of the promise we 
made on the day the Commission issued its report: that we would express 
its proposals in legislation. At that time we had no idea whether 
anything would happen on the Commission report in August or September 
or October. It was that night that Senators Frist and Daschle, our 
bipartisan leadership, asked our Governmental Affairs Committee to 
assume responsibility for considering the Commission's report and 
making a set of proposals to the Senate no later than October 1.
  This proposal we now introduce today will go to the Governmental 
Affairs Committee, formally or informally, to inform the work it is 
doing. The Governmental Affairs Committee now has the ball and will 
report to Congress, and is on a schedule, I am pleased to say, to 
report in advance of the deadline set by Senators Frist and Daschle, in 
advance of October 1.
  So what does the Commission and therefore this legislation call for? 
The Commission's final report depicts a nation that was woefully 
unprepared for the attacks of September 11. As the Commission 
concludes: We need a new strategic vision to confront terrorism and a 
new unified effort to carry out that strategy. Such unity can only be 
achieved through a dramatic transformation of the status quo of our key 
organizations and policies. That is the first order of business.
  The Commission has described how, in the course of its investigation, 
it repeatedly asked this question: Who was in charge prior to September 
11, and who is in charge today? And it never received a satisfactory 
answer. In fact, Governor Kean and Congressman Hamilton testified to us 
before our Governmental Affairs Committee that they still cannot point 
to some one individual in charge of the American intelligence effort, 
its enormous human and technological assets, and, therefore, no one who 
is personally accountable.
  This is unacceptable. This legislation rightly creates a national 
intelligence director to serve as head of the intelligence community 
and principal adviser to the President for national intelligence 
matters. The director will have strong budget, resource, and personnel 
authority to shape priorities and break down the kinds of turf barriers 
and stovepipes that stood in the way of our Government pulling together 
in one place all the information we knew prior to September 11--
information that might well have prevented the attacks of September 11 
from occurring.
  These powers are far stronger than the current authorities exercised 
by the Director of Central Intelligence. This will create the 
capability and the accountability for someone to truly lead a unified 
intelligence effort that will, in turn, greatly benefit the specific 
fight against terrorism. This intelligence director will operate 
through a new agency, to be called the National Intelligence Authority. 
This is not a large new bureaucracy, but rather a command, control and 
coordination center to achieve a unified intelligence effort. Although 
the Commission originally called for this office to be created within 
the White House, numerous experts counseled against this and the 
Commissioners themselves now agree with that counsel. As a result, this 
legislation creates the National Intelligence Authority as an 
independent entity.
  To help guarantee the government-wide antiterrorism cooperation that 
did not exist pre-9/11, the legislation also creates a National 
Counterterrorism Center, patterned on the joint commands of the 
Department of Defense, drawing on expertise from throughout the 
intelligence community. This center will serve as an analytic fusion 
center on terrorism, and will also have responsibility to develop 
operational plans for counterterrorism initiatives, and then to track 
and monitor the operations' implementation. As such, the center will 
build on the promise of the new multi-agency Terrorist Threat 
Integration Center it would replace, but go beyond that model to create 
an even more robust center that combines analytical and operational 
capabilities.
  As recommended by the Commission, the legislation also provides for 
the creation by the National Intelligence Director of a number of 
national intelligence centers focused on either specific topics like 
weapons of mass destruction or specific geographic areas such as the 
Middle East. These centers will bring together the most experienced 
intelligence experts from across the intelligence community on a given 
issue or region, and can be created or eliminated as needed, giving us 
the flexibility to hone in on evolving priorities.
  I am pleased these intelligence reform proposals have already been 
the focus of numerous hearings, and these issues, as I have said, will 
be under active consideration in the Governmental Affairs Committee in 
the coming days.
  The work on this legislation and the work that the Governmental 
Affairs Committee is doing has proceeded distinctly, separately, but 
collaboratively, and work on each has informed and, I believe, 
strengthened the other.
  I hope--I know the cosponsors of this legislation share that hope--
the package we are introducing today will be of real help to the 
Governmental Affairs Committee as it frames the legislation it--we--
will report out to the Senate. I am confident the Senate can actually 
begin to consider it well before the end of September.
  The intense debate over the Commission's recommendations on 
intelligence reform may have obscured the sweeping proposals the 
Commission made in other areas--very strong and important proposals on 
border and transportation security, on information sharing, on national 
preparedness and congressional oversight.
  Those proposals are included in this legislation as well. As a 
result, we hope its introduction will jump-start debate and 
consideration of those other vital reforms.
  First, the Commission stressed we must do all we can to stop this 
problem at the source--that is, to alter the conditions and dynamics 
that give rise to terrorism in the first place. This legislation 
includes the recommendations to strengthen our efforts to fight 
international terrorism using such tools as diplomacy and foreign aid. 
For instance, the legislation would increase U.S. foreign assistance to 
Afghanistan and renew our commitment to Pakistan. It would enhance our 
outreach to the Muslim world through U.S. broadcasts to the region, 
educational exchange programs and a fund to boost educational 
opportunities for Muslim youth.
  This will be a long and difficult challenge, however, and we must 
assume international terrorism will be with us for years to come and 
prepare accordingly. In addition to the intelligence community reforms 
I have already mentioned, the Commission calls for a range of new 
programs and policies to combat terror.
  Information sharing is one such critical step. Terrorism has made the 
homeland part of the frontlines, but too many government officials 
still believe information related to terrorist threats must be 
carefully hoarded among a select group. Even colleagues within the 
intelligence community are often not trusted with vital information, 
much less officials outside the national security elites or in state 
and local government. We must break down these information barriers and 
engage a far broader community in the task of fighting terrorism. This 
will would create an urgently needed information sharing network to 
break down the information stovepipes that currently hamper our efforts 
to stay one step ahead of the terrorists. The network, which is modeled 
on a proposal by a task force of the Markle Foundation, would consist 
of policies and information technology designed to facilitate and 
promote sharing of terrorism information throughout the Federal 
government, with state and local agencies and, as appropriate, the 
private sector.

[[Page S8868]]

The President will be required to submit an implementation plan to 
Congress, including clear deadlines, assignment of responsibilities and 
budget requirements. The proposal includes safeguards for privacy and 
civil liberties.
  The bill includes critical provisions to restrict terrorist travel--
the strategies and methods by which terrorists can, and did, come to 
this country and position themselves for attacks. It would expand our 
efforts to collect and utilize intelligence regarding terrorist travel 
strategies and methods. The legislation also requires an integrated 
screening system to ensure adequate screening at the nation's entry 
points and to access transportation systems and critical 
infrastructure. Complementary provisions in the bill require stronger 
document requirements for all travelers, including citizens, to enter 
the United States; acceleration of the automated biometric entry and 
exit system known as U.S.-Visit; and improved security for 
identification documents such as driver licenses and birth 
certificates.
  In the area of transportation security, the 9/11 Commission warned 
against the government's heavy focus on passenger aviation to the near 
exclusion of other modes of transportation. As its Final Report states, 
``[o]ver 90 percent of the nation's $5.3 billion annual investment in 
the [Transportation Security Administration] goes to aviation--to fight 
the last war.'' Yet we are investing little in protecting the 14 
million Americans who use transit systems each weekday, or safeguarding 
our port systems that handle millions of shipping containers each year. 
What is lacking, the Commission states, is ``a forward-looking 
strategic plan systematically analyzing assets, risks, costs and 
benefits.'' Following its recommendations, this legislation calls for a 
comprehensive transportation security strategy to assess risks and set 
priorities across all modes of transportation. It also seeks to close 
ongoing gaps in aviation security by requiring the Transportation 
Security Administration, rather than the airlines, to screen passenger 
names against a consolidated terrorist watchlist. Additional aviation-
related measures include explosives screening for all passengers and 
their carry-on bags, accelerated research and deployment of explosives 
detection technologies, and measures to improve the security of cargo 
traveling on passenger aircraft.

  To help deter terrorist attacks and minimize the effect of any 
attacks that do occur, we must improve our preparedness capabilities 
and this legislation includes the Commission's recommended steps to do 
so. The bill would require that homeland security preparedness grants 
be distributed solely on the basis of criteria related to threat and 
risk, eliminating the per state minimum in current law. It would 
facilitate first responder communications by assigning certain radio 
spectrum to public safety agencies for their use--an important step 
toward solving the critical challenge of enabling first responders to 
talk to one another during an emergency. Fighting terrorism is a 
challenge for our entire national community and the Commission also 
stressed the importance of preparedness within the private sector. This 
legislation requires the Department of Homeland Security to promote a 
voluntary preparedness standard for the private sector. It also presses 
the Secretary of DHS to complete efforts to inventory the nation's 
critical infrastructure, assess the threats and vulnerabilities 
regarding these critical assets, and ensure there are measures to 
protect them.
  The Commission recognized that these new policies and programs will 
raise important issues regarding privacy and civil liberties and called 
for a new Privacy and Civil Liberties Oversight Board to ensure the 
protection of these liberties as laws and policies are developed and 
implemented to protect the nation from terrorism. This legislation 
creates such a board, which will consist of five individuals appointed 
by the President and confirmed by the Senate. In addition to advising 
the President and federal agencies, the board will have strong 
authority to conduct investigations and oversight of government actions 
in the war on terror.
  Finally, as we look to the changes the Commission has urged for 
executive branch structures and programs, we cannot neglect the 
Commission's call to reform our own structures and its indictment of 
the status quo of congressional oversight of intelligence. We have to 
clean and reshape not only the executive branch, but we have to clean 
out and reshape our own house.
  The Commission concluded that the Intelligence Committees of the 
House and Senate are not organized currently to provide the necessary 
leadership and oversight for intelligence and counterterrorism, and 
that jurisdiction over the Department of Homeland Security is also too 
broadly dispersed.
  The legislation we are introducing today incorporates the mandate of 
the Commission that each Chamber reform its rules to create a more 
powerful Intelligence Committee and to consolidate oversight of the 
Department of Homeland Security in a single committee in each Chamber.
  Clearly, we have our work cut out for us. But nothing is more 
important than to respond not just in a timely but in an urgent way to 
the recommendations of the 9/11 Commission, and to do so, as the 
Commission itself did, in a way that puts partisanship aside and our 
national security first. The group of us introducing this legislation--
Senators McCain, Specter, Bayh, and I--stand shoulder to shoulder 
across party lines to achieve a safer nation, to protect the American 
people at home.
  We are confident, as we go forward, that our colleagues on both sides 
of the aisle will join us. There will be differences of opinion. It 
would be shocking if there were not. Because the recommendations of the 
Commission represent bold change and dramatically alter the status quo, 
differences of opinion will naturally occur. They ought to occur. But I 
am confident in the end they will not be partisan. In the end, we will 
act and act quickly to implement much of the 9/11 Commission's report 
so that we can say to the American people, particularly those who lost 
loved ones on September 11, that we have taken action, done whatever we 
possibly could to prevent a terrorist attack such as the one that 
occurred on September 11, 2001, from ever happening again.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I am pleased to join my colleagues--
Senators McCain, Lieberman, and Bayh--in introducing this legislation 
today which codifies the recommendations of the 9/11 Commission. The 9/
11 Commission has accomplished a very important mission in stimulating 
the demand of the American people that action be taken to put all of 
our intelligence agencies under one command authority. Had this been 
done prior to 9/11, it is my judgment that 9/11 could have been 
prevented.
  There was the famous FBI report from Phoenix about the suspicious 
character who wanted to learn to fly an airplane but wasn't interested 
in learning to take off or land. There were the suspicious people in 
Kuala Lumpur who turned out to be two of the terrorists known by the 
CIA to be al-Qaida, but it was not told to the INS to keep them out of 
the country. There was the information on Zacarias Moussaoui and the 
work of the FBI field office in Minneapolis with the 13-page, single-
spaced report filed by Agent Coleen Rowley. Those factors and others 
gave clear-cut clues to what was happening or about to happen. Had they 
been pursued and investigated, the chances are good that 9/11 could 
have been prevented.
  The Commission, in focusing public attention on the absolute 
necessity to have one commander, has accomplished something which had 
not been accomplished up until the present time. I served on the 
Intelligence Committee back in 1987, when we had the investigation of 
the Iran Contra affair. At that time I introduced legislation for a 
national intelligence director looking more to oversight at that time. 
In 1996, when I was chairman of the Senate Intelligence Committee, I 
introduced legislation which would have provided budget and hiring 
authority under the CIA Director. Technically, the Director of the 
Central Intelligence Agency has for some time--I believe going back to 
1947--the overall direction of the intelligence community. But without 
budget authority and without hiring and firing, it has been virtually 
meaningless. But in 1996, I proposed that legislation.

[[Page S8869]]

  In 2002, we moved for the creation of an Office of Homeland Security. 
Senator Lieberman and I introduced, 30 days after 9/11, legislation to 
create the Department of Homeland Security. But there were various 
objections to it, and the issue was not taken up seriously until mid-
2002. There was a real effort made in that legislation to have all of 
the intelligence agencies under one command authority. The House of 
Representatives passed a bill in October and left town, which they do 
from time to time, leaving us with the option of either taking their 
bill or not having a bill until the following spring.
  At that time I had an amendment prepared to give the Secretary of 
Homeland Security the authority to direct all of the other intelligence 
agencies. As I have said on the record before, and it is worth 
repeating briefly, I had a conversation that afternoon with Secretary 
Ridge who urged me not to offer the amendment. I told him I thought it 
had to be done. And when I declined to accept his recommendations, I 
got a call from Vice President Cheney who urged the same course. When I 
again declined, I later talked to the President that afternoon and 
decided that I would await a later date to press for having that 
authority to direct. But this has been a gaping hole in 
the intelligence apparatus forever.

  The Scowcroft Commission filed a report, still in confidential form 
but widely reputed to create an individual in charge of the overall 
intelligence agency. So, finally, we are coming to the point where we 
are thinking very seriously about having one person in charge, a 
national director of intelligence, thanks to the focus of the 9/11 
Commission.
  The Government Affairs Committee on which I serve, with the 
leadership of Senator Collins, the chairman of the committee, and 
Senator Lieberman, the ranking member, did something very unusual. We 
returned in the first week of the recess on July 30 and held additional 
hearings. In reviewing the work of the 9/11 Commission at that time, I 
expressed for the record and would repeat now briefly the concerns I 
have about the so-called double hatting. The 9/11 Commission has 
recommended that the counterintelligence unit, for example, of the FBI 
stay under the direction of the Director of the FBI but report also to 
the national intelligence director so that the Director of the FBI 
counterintelligence unit would be so-called double hatted.
  Well, I do not think that can work under the very basic principle 
that no one can serve two masters.
  The same kind of concept is present on double hatting with the CIA 
Director for the Department of Defense intelligence agencies. During 
the course of the Governmental Affairs hearings, I asked Congressman 
Lee Hamilton, cochairman of the 9/11 Commission, about the possibility 
of creating the director with a 10-year term, modeled after the FBI 
Director, to be able to have someone who would outlast the tenure of 
Presidents. I think that is also a concept which ought to be 
incorporated.
  When the Governmental Affairs Committee was considering this issue 
and legislation, I prepared a draft bill which I submitted to the 
members of the Governmental Affairs Committee back on August 3 of this 
year.
  I think it would be useful to put it into the Record. I ask unanimous 
consent that the text of that draft proposal be printed in the 
Congressional Record following my statement.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. SPECTER. There are other proposals that have been made. The 
chairman of the Senate Intelligence Committee, Senator Roberts, has 
proposed legislation. So we have a great many ideas to choose from. As 
I sat at the Governmental Affairs hearing in early August, it was my 
hope that we would report out a bill early. I am pleased to say 
Chairman Collins has listed a markup for the week of September 20th, so 
that we should have a bill to present to the Senate early on. Then it 
is my hope we will act on this matter and act expeditiously. We have to 
get it right.
  These are complicated matters. We have been studying them for a very 
long time. We have been studying them, to my personal knowledge, going 
back to 1987 in legislation I introduced, and again in 1996, and with 
the very extensive consideration of the legislation on homeland 
security in 2002. So I think we are ready to move ahead and make the 
kinds of judgments that are tough decisions, but that is the pay grade 
around here. I think the time has come to act.
  It may not be a perfect bill. I have been in the Senate for 24 years 
now and I have not seen a perfect bill. The risks of inaction, in my 
view, are much greater than the risks of action. We know enough to make 
a sound judgment as to how to put the entire intelligence community 
under one umbrella.
  I see my colleague Senator Bayh on the floor. I yield the floor.

                               Exhibit 1

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Reformation Act of 2004'' or ``9-11 Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.

                  TITLE I--DEPARTMENT OF INTELLIGENCE

                    Subtitle A--Executive Department

Sec. 101. Executive department.
Sec. 102. Director of Intelligence.

           Subtitle B--Office of the Director of Intelligence

Sec. 111. Office of the Director of Intelligence.
Sec. 112. Deputy Director of Intelligence.
Sec. 113. National Counterterrorism Center.
Sec. 114. Other national intelligence centers.
Sec. 115. Assistant Director of Intelligence for Research, Development, 
              and Procurement.
Sec. 116. Assistant Director of Intelligence for Civil Liberties and 
              Privacy.
Sec. 117. National Intelligence Council.
Sec. 118. General Counsel of the Department of Intelligence.
Sec. 119. Inspector General of the Department of Intelligence.
Sec. 120. Intelligence Comptroller.
Sec. 121. Chief Information Officer of the Department of Intelligence.
Sec. 122. Chief Financial Officer of the Department of Intelligence.
Sec. 123. Military status of Director of Intelligence and Deputy 
              Director of Intelligence.

         Subtitle C--Mission, Responsibilities, and Authorities

Sec. 131. Provision of national intelligence.
Sec. 132. Responsibilities of Director of Intelligence.
Sec. 133. Authorities of Director of Intelligence.

            TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE

                Subtitle A--Central Intelligence Agency

Sec. 201. Central Intelligence Agency.
Sec. 202. Mission; power and authorities.

                  Subtitle B--National Security Agency

Sec. 211. National Security Agency.
Sec. 212. Mission; power and authorities.

          Subtitle C--National Geospatial-Intelligence Agency

Sec. 221. National Geospatial-Intelligence Agency.
Sec. 222. Mission; power and authorities.

               Subtitle D--National Reconnaissance Office

Sec. 231. National Reconnaissance Office.
Sec. 232. Mission; power and authorities.

                       Subtitle E--Other Offices

Sec. 241. Intelligence, counterterrorism, and counterintelligence 
              offices.
Sec. 242. Office of Civil Liberties and Privacy.

                 TITLE III--OTHER INTELLIGENCE MATTERS

 Subtitle A--Modifications and Improvements of Intelligence Authorities

Sec. 301. Sense of Congress on availability to public of certain 
              intelligence funding information.
Sec. 302. Coordination between Director of Intelligence and Secretary 
              of Defense in performance of specific functions 
              pertaining to National Foreign Intelligence Program.
Sec. 303. Role of Director of Intelligence in certain recommendations 
              to the President on appointments to intelligence 
              community.
Sec. 304. Collection tasking authority.
Sec. 305. Oversight of combat support agencies of the intelligence 
              community.
Sec. 306. Improvement of intelligence capabilities of the Federal 
              Bureau of Investigation.

     Subtitle B--Restatement of Authorities on National Geospatial-
                          Intelligence Agency

                            Part I--Missions

Sec. 311. Missions.
Sec. 312. Support for foreign countries on imagery intelligence and 
              geospatial information.

              Part II--Maps, Charts, and Geodetic Products

Sec. 321. Maps, charts, and books.

[[Page S8870]]

Sec. 322. Pilot charts.
Sec. 323. Sale of maps, charts, and navigational publications.
Sec. 324. Exchange of mapping, charting, and geodetic data with foreign 
              countries and international organizations.
Sec. 325. Public availability of maps, charts, and geodetic data.
Sec. 326. Civil actions barred.
Sec. 327. Treatment of certain operational files.

                     Part III--Personnel Management

Sec. 331. Management rights.
Sec. 332. Financial assistance to certain employees in acquisition of 
              critical skills.

                          Part IV--Definitions

Sec. 341. Definitions.

                      TITLE IV--TRANSITION MATTERS

  Subtitle A--Modification of Authorities on Elements of Intelligence 
                               Community

Sec. 401. Conforming modification of authorities on Central 
              Intelligence Agency.
Sec. 402. Other conforming modifications of law relating to missions, 
              responsibilities, and authorities of Director of 
              Intelligence and Director of Central Intelligence Agency.
Sec. 403. Conforming modification of authorities on certain Central 
              Intelligence Agency officers.
Sec. 404. Conforming modification of authorities on National Security 
              Agency.
Sec. 405. Inclusion of Department of Intelligence in intelligence 
              community.
Sec. 406. Repeal of superseded authorities on National Geospatial-
              Intelligence Agency.
Sec. 407. Other conforming amendment.

     Subtitle B--Other Transition Matters Relating to Intelligence

Sec. 411. Preservation of intelligence capabilities.
Sec. 412. General references to intelligence officials.

                    Subtitle C--Transfer of Elements

Sec. 421. Transfer of Terrorist Threat Integration Center.
Sec. 422. Transfer of Community Management Staff.
Sec. 423. Transfer of certain elements of Federal Bureau of 
              Investigation.

                   Subtitle D--Transfer of Functions

Sec. 431. Transfer of functions.
Sec. 432. Transitional authorities.
Sec. 433. Savings provisions.

                       Subtitle E--Other Matters

Sec. 441. Treatment of Department of Intelligence as executive 
              department.
Sec. 442. Executive Schedule matters.

     SEC. 2. FINDINGS; PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Timely and accurate information about the activities, 
     capabilities, plans, and intentions of foreign powers, 
     organizations, and persons, and their agents, is essential to 
     the national security of the United States. All reasonable 
     and lawful means must be used to ensure that the United 
     States receives the best intelligence available.
       (2) The National Security Act of 1947 (50 U.S.C. 401 et 
     seq.) created a formal structure under an official who would 
     lead the Central Intelligence Agency and, in a separate role 
     as Director of Central Intelligence, the intelligence 
     community of the United States Government, and serve as the 
     principal adviser to the President on intelligence.
       (3) Executive Order 12333 (December 4, 1981; 46 F.R. 59941) 
     states that ``the United States intelligence effort shall 
     provide the President and the National Security Council with 
     the necessary information on which to base decisions 
     concerning the conduct and development of foreign, defense 
     and economic policy and the protection of United States 
     national interests from foreign security threats. All 
     departments and agencies shall cooperate fully to fulfill 
     this goal''.
       (4) The intelligence community of the United States is 
     supposed to function as a single corporate enterprise, 
     supporting those who manage the strategic interests of the 
     United States, whether political, economic, or military.
       (5) The United States has suffered through an escalating 
     cycle of intelligence failures, especially since the end of 
     the Cold War, while witnessing the onset of new and emerging 
     global threats such as terrorism and proliferation of weapons 
     of mass destruction.
       (6) The Director of Central Intelligence has no genuine 
     influence over elements of the intelligence community other 
     than the Central Intelligence Agency because, among other 
     things, the Director controls only a small portion of the 
     funds, personnel, and related assets of the intelligence 
     community. There is no structural mechanism to enforce the 
     mandate of Executive Order 12333 that all elements of the 
     intelligence community must fully cooperate with one another.
       (7) As such, the existing intelligence structure is 
     dysfunctional, and not organized to effectively respond to 
     new and emerging threats. In fact, the intelligence apparatus 
     of the United States has for decades grown more cumbersome 
     and unaccountable and may now properly be characterized as a 
     Cold War model in an era of terrorism.
       (8) The existing dysfunctional structure of the 
     intelligence community has severe consequences, as the 
     Director of Central Intelligence--or those ostensibly under 
     the Director's control--missed, ignored, or failed to connect 
     numerous warnings which could have averted the terrorist plot 
     of September 11, 2001. Similar errors may have caused the 
     Director to mislead the President on the nature of weapons of 
     mass destruction threats as the Administration weighed 
     military action against Iraq.
       (9) Despite the best efforts of the Administration of 
     President George W. Bush, Congress, and the American people, 
     much of the dysfunction in the intelligence community--
     including the lack of common terrorist watchlists and the 
     inability to detect and apprehend terrorists traveling in the 
     United States--has not been remedied in the three years since 
     the terrorist attacks of September 11, 2001.
       (10) The final report of the National Commission on 
     Terrorist Attacks Upon the United States, while making 
     certain recommendations on the restructuring of the 
     intelligence community to meet new and emerging terrorist 
     threats, leaves much discretion to Congress in determining 
     the scope and nature of the restructuring of the intelligence 
     community.
       (11) President George W. Bush on August 2, 2004, 
     specifically requested that Congress create a national 
     intelligence director in a ``free-standing entity similar to 
     a cabinet agency or an agency'' and ``who will have a great 
     deal of budget authority'' and will have ``the same 
     relationship to the White House and the President that the 
     Secretary of Defense would have, the Secretary of the 
     Department of Homeland Security, the Attorney General, [or] 
     the Secretary of the Treasury would have.'' The Executive 
     Orders issued on August 27, 2004, while properly focusing on 
     strengthened management of the intelligence community, 
     strengthening information sharing, and the creation of a 
     National Counterterrorism Center, also leaves a great deal of 
     discretion to Congress to codify these matters in law and 
     determine the scope and nature of the restructuring of the 
     intelligence community.
       (12) To effectively counter the grave threat of 
     transnational terrorism, Secretary of Defense Donald Rumsfeld 
     recently conceded, as he must, that ``strong, entrenched 
     agencies must be willing to give up some of their turf and 
     authority in exchange for a stronger, faster, more efficient, 
     government-wide effort''.
       (b) Purposes.--The purposes of this Act are as follows:
       (1) To provide for fundamental reform of the intelligence 
     community of the United States Government involving a robust 
     Department of Intelligence and Director of Intelligence with 
     control over the budgets, personnel, and related assets of 
     the intelligence community.
       (2) To compel the elements of the intelligence community to 
     work together to accomplish their common mission, much as the 
     Goldwater-Nichols Department of Defense Reorganization Act of 
     1986 (Public Law 99-433) fostered ``jointness'' among the 
     various Armed Forces, in conformance with the requirements of 
     law and Executive orders.
       (3) To facilitate the provision to the President and the 
     National Security Council of the necessary information on 
     which to base decisions concerning the development and 
     conduct of foreign policy, defense policy, and economic 
     policy, and the protection of United States national 
     interests from security threats, including threats related to 
     transnational terrorism.
       (4) To ensure that all means, consistent with United States 
     laws, Executive orders, and regulations and with full 
     consideration of the rights of United States persons, are 
     used to develop intelligence for the President and the 
     National Security Council.
       (5) To create a structure for the intelligence community 
     that will better serve the President in his duty under the 
     Constitution of the United States to protect the security of 
     the United States.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of Intelligence.
       (2) Director.--The term ``Director'' means the Director of 
     Intelligence.
       (3) Intelligence.--The term ``intelligence'' includes 
     foreign intelligence and counterintelligence.
       (4) Foreign intelligence.--The term ``foreign 
     intelligence'' means information relating to the 
     capabilities, intentions, or activities of foreign 
     governments or elements thereof, foreign organizations, or 
     foreign persons, or international terrorist activities.
       (5) Counterintelligence.--The term ``counterintelligence'' 
     means information gathered, and activities conducted, to 
     protect against espionage, other intelligence activities, 
     sabotage, or assassinations conducted by or on behalf of 
     foreign governments or elements thereof, foreign 
     organizations, or foreign persons, or international terrorist 
     activities.
       (6) Intelligence community.--The term ``intelligence 
     community'' includes--
       (A) the Department, which shall include the Office of the 
     Director of Intelligence and such other offices as the 
     Director may designate or are prescribed by law;
       (B) the Central Intelligence Agency;
       (C) the National Security Agency;
       (D) the Defense Intelligence Agency;
       (E) the National Geospatial-Intelligence Agency;

[[Page S8871]]

       (F) the National Reconnaissance Office;
       (G) other offices within the Department of Defense for the 
     collection of specialized national intelligence through 
     reconnaissance programs;
       (H) the intelligence elements of the Army, Navy, Air Force, 
     and Marine Corps, the Federal Bureau of Investigation, the 
     Department of the Treasury, the Department of Energy, and the 
     Coast Guard;
       (I) the Bureau of Intelligence and Research of the 
     Department of State;
       (J) the elements of the Department of Homeland Security 
     concerned with the analyses of foreign intelligence 
     information; and
       (K) such other elements of any other department or agency 
     of the United States as may be designated by the President, 
     or designated jointly by the Director and the head of the 
     department or agency concerned, as an element of the 
     intelligence community.
       (7) National intelligence; intelligence related to the 
     national security.--The terms ``national intelligence'' and 
     ``intelligence related to the national security''--
       (A) refer to intelligence which pertains to the interests 
     of more than one department or agency of the Government; and
       (B) do not refer to counterintelligence or law enforcement 
     activities conducted by the Federal Bureau of Investigation 
     except to the extent provided for in procedures agreed to by 
     the Director and the Attorney General, or otherwise as 
     expressly provided for in this Act or otherwise provided by 
     law.
       (8) National foreign intelligence program.--The term 
     ``National Foreign Intelligence Program'' refers to all 
     programs, projects, and activities of the intelligence 
     community, as well as any other programs of the intelligence 
     community designated jointly by the Director and the head of 
     a department or agency of the United States Government or by 
     the President. Such term does not include programs, projects, 
     or activities of the military departments to acquire 
     intelligence solely for the planning and conduct of tactical 
     military operations by United States Armed Forces.
       (9) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (10) Terrorism information.--The term ``terrorism 
     information'' means any information, whether collected, 
     produced, or distributed by intelligence, law enforcement, 
     military, homeland security, or other United States 
     Government activities, relating to--
       (A) the existence, organization, capabilities, plans, 
     intentions, vulnerabilities, means of finance or material 
     support, or activities of foreign or international terrorist 
     groups or individuals, or of domestic groups or individuals 
     involved in transnational terrorism;
       (B) threats posed by such groups or individuals to the 
     United States, United States persons, or United States 
     interests, or to other nations or the persons or interests of 
     other nations;
       (C) communications of or by such groups or individuals; or
       (D) groups or individuals reasonably believed to be 
     assisting or associated with such groups or individuals.

                  TITLE I--DEPARTMENT OF INTELLIGENCE

                    Subtitle A--Executive Department

     SEC. 101. EXECUTIVE DEPARTMENT.

       (a) Executive Department.--The Department of Intelligence 
     is an executive department of the United States.
       (b) Composition.--The Department is composed of the 
     following:
       (1) The Office of the Director of Intelligence.
       (2) The elements specified in title II.
       (3) Such other offices, agencies, and activities as may be 
     established by law or by the President.
       (c) Seal.--The Director shall have a seal for the 
     Department. The design of the seal is subject to approval by 
     the President. Judicial notice shall be taken of the seal.

     SEC. 102. DIRECTOR OF INTELLIGENCE.

       (a) Director of Intelligence.--There is a Director of 
     Intelligence, who is the head of the Department of 
     Intelligence, appointed by the President, by and with the 
     advice and consent of the Senate.
       (b) Individuals Eligible for Nomination.--Any individual 
     nominated for appointment as Director shall have extensive 
     national security expertise.
       (c) Term of Office.--(1) The term of service of the 
     Director shall be 10 years.
       (2) Paragraph (1) shall apply with respect to any 
     individual appointed as Director after the date of the 
     enactment of this Act.
       (3) If the individual serving as the Director of Central 
     Intelligence on the date of the enactment of this Act is the 
     first person appointed as Director of Intelligence under this 
     section, the date of appointment of such individual as 
     Director of Intelligence shall be treated as the date of the 
     commencement of the term of service of the individual as 
     Director of Intelligence for purposes of this subsection.
       (d) Duties and Responsibilities.--The Director shall--
       (1) serve as head of the intelligence community in 
     accordance with the provisions of this Act, the National 
     Security Act of 1947 (50 U.S.C. 401 et seq.), and other 
     applicable provisions of law;
       (2) act as a principal adviser to the President for 
     intelligence related to the national security; and
       (3) determine the annual budget for intelligence and 
     intelligence-related activities of the United States 
     Government in accordance with section 133.

           Subtitle B--Office of the Director of Intelligence

     SEC. 111. OFFICE OF THE DIRECTOR OF INTELLIGENCE.

       (a) Office of Director of Intelligence.--There is within 
     the Department an Office of the Director of Intelligence.
       (b) Function.--The function of the Office of the Director 
     of Intelligence is to assist the Director in carrying out the 
     duties and responsibilities of the Director under this Act, 
     the National Security Act of 1947 (50 U.S.C. 401 et seq.), 
     and other applicable provisions of law and to carry out such 
     other duties as may be prescribed by law.
       (c) Composition.--The Office of the Director of 
     Intelligence is composed of the following:
       (1) The Deputy Director of Intelligence.
       (2) The National Counterterrorism Center.
       (3) Other national intelligence centers established under 
     section 114.
       (4) The Assistant Director of Intelligence for Research, 
     Development, and Procurement.
       (5) The Assistant Director of Intelligence for Civil 
     Liberties and Privacy.
       (6) The National Intelligence Council.
       (7) The General Counsel of the Department of Intelligence.
       (8) The Inspector General of the Department of 
     Intelligence.
       (9) The Intelligence Comptroller.
       (10) The Chief Information Officer of the Department of 
     Intelligence.
       (11) The Chief Financial Officer of the Department of 
     Intelligence.
       (12) Such other offices and officials as may be established 
     by law or the Director may establish or designate in the 
     Office.
       (d) Staff.--(1) To assist the Director in fulfilling the 
     responsibilities of the Director as head of the intelligence 
     community, the Director shall employ and utilize in the 
     Office of the Director of Intelligence a professional staff 
     having an expertise in matters relating to such 
     responsibilities, and may establish permanent positions and 
     appropriate rates of pay with respect to that staff.
       (2) The staff of the Office under paragraph (1) shall 
     include the elements of the Community Management Staff that 
     are transferred to the Office under title IV.
       (3) To the maximum extent practicable, the Director shall 
     utilize existing personnel, resources, and expertise in 
     organizing the staff of the Office under paragraph (1).

     SEC. 112. DEPUTY DIRECTOR OF INTELLIGENCE.

       (a) Deputy Director of Intelligence.--There is a Deputy 
     Director of Intelligence who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Individuals Eligible for Nomination.--Any individual 
     nominated for appointment as Deputy Director of Intelligence 
     shall have extensive national security expertise.
       (c) Duties and Responsibilities.--The Deputy Director of 
     Intelligence shall, subject to the direction of the Director, 
     be responsible for assisting the Director in carrying out the 
     responsibilities of the Director, including--
       (1) assisting the Director in the development and execution 
     of budgets under section 133, evaluating programs, and 
     exercising authority under section 133(f) with respect to 
     reprogramming and reallocation of funds and transfers of 
     personnel;
       (2) assisting the Director in the transition of elements of 
     the intelligence community to the Department under this Act;
       (3) assisting the Director in the development, 
     implementation, and management of a personnel system for 
     intelligence community personnel;
       (4) collecting data and preparing separate quarterly 
     reports on the obligation and expenditures of funds from the 
     elements of the intelligence community under the National 
     Foreign Intelligence Program;
       (5) assisting the Director in the establishment of the 
     National Counterterrorism Center and the national 
     intelligence centers;
       (6) assisting the Director in the management and 
     administration of the staff of the Office of the Director of 
     Intelligence;
       (7) assisting the Director in performing management 
     functions across the intelligence community, including the 
     management of personnel and resources;
       (8) assisting the Director in ensuring that the elements of 
     the intelligence community make better use of open source 
     intelligence analysis;
       (9) assisting the Director in directing the efficient and 
     effective tasking of national intelligence collection using 
     technical means and human sources;
       (10) assisting the Director with the establishment of 
     standards, requirements, and priorities for the analysis and 
     production of intelligence by all elements of the 
     intelligence community;
       (11) assisting the Director in overseeing the collection, 
     analysis, production, and dissemination of intelligence by 
     all elements of the intelligence community;
       (12) assisting the Director in monitoring the allocation of 
     resources for the collection, analysis, and production of 
     intelligence in order to identify any unnecessary duplication 
     in the collection, analysis and production of intelligence;
       (13) assisting the Director in directing the competitive 
     analysis of analytical products having national importance;

[[Page S8872]]

       (14) assisting the Director with the establishment of 
     priorities and requirements for daily tasking of collection, 
     analysis, and dissemination of information;
       (15) assisting the Director in conducting daily tasking of 
     collection, analysis, and dissemination of information;
       (16) assisting the Director in providing advisory guidance 
     on the tasking of collection, analysis, and dissemination of 
     information to elements of the departments and agencies of 
     the United States Government that collect intelligence and 
     are not within the National Foreign Intelligence Program;
       (17) assisting the Director with the establishment of 
     procedures and mechanisms to provide for real-time automated 
     tasking across multiple intelligence disciplines, such as 
     signals intelligence, measurement and signature intelligence, 
     human intelligence, imagery intelligence, and electronic 
     intelligence;
       (18) assisting the Director in assessing the performance of 
     the elements of the intelligence community with respect to 
     tasking requests and priorities; and
       (19) making recommendations to the Director regarding the 
     assignment within the Department of officers or employees of 
     the Central Intelligence Agency, the National Security 
     Agency, the National Geospatial-Intelligence Agency, the 
     National Reconnaissance Office, and other elements of the 
     Department to assist in the tasking of collection, analysis, 
     and dissemination of information to all elements of the 
     intelligence community under the National Foreign 
     Intelligence Program.
       (d) Power To Act as Director of Intelligence.--The Deputy 
     Director of Intelligence shall act for, and exercise the 
     powers of, the Director during the Director's absence or 
     disability or during a vacancy in the position of Director of 
     Intelligence.
       (e) Precedence in Office of Director of Intelligence.--The 
     Deputy Director of Intelligence takes precedence in the 
     Office of the Director of Intelligence immediately after the 
     Director.

     SEC. 113. NATIONAL COUNTERTERRORISM CENTER.

       (a) National Counterterrorism Center.--There is a National 
     Counterterrorism Center.
       (b) Missions.--(1) The missions of the National 
     Counterterrorism Center shall be as follows:
       (A) To serve as the primary organization within the United 
     States Government for analyzing and integrating all 
     intelligence possessed or acquired by the United States 
     Government pertaining to terrorism or counterterrorism (other 
     than purely domestic counterterrorism information) and, in 
     furtherance of such mission--
       (i) to receive, retain, and disseminate information from 
     any department, agency, or other element of the Federal 
     Government, any State or local government, or any other 
     source to the extent consistent with applicable law; and
       (ii) to respond to inquiries from any department, agency, 
     or other element of the Federal Government, or any State or 
     local government agency, that is discharging counterterrorism 
     responsibilities in order to assist such department, agency, 
     or element in discharging such responsibilities.
       (B) To conduct strategic planning for operations for 
     counterterrorism activities that integrate all instruments of 
     National power, including diplomacy, finance, military force, 
     intelligence, homeland security, and law enforcement.
       (C) Consistent with applicable law, to assign general 
     responsibilities for counterterrorism in support of strategic 
     plans under paragraph (2) to departments, agencies, and 
     elements of the United States Government having 
     counterterrorism responsibilities, and provide such 
     departments, agencies, and elements with access to 
     intelligence necessary to accomplish the responsibilities so 
     assigned, without undertaking the direction of such 
     operations.
       (D) To serve as the central and shared information 
     repository within the United States Government on terrorism 
     information.
       (E) To ensure that appropriate departments, agencies, and 
     elements of the United States Government have access to and 
     receive all-source intelligence support necessary to 
     executive their counterterrorism plans or perform 
     alternative, independent analysis.
       (F) To unify the strategic intelligence and planning of 
     operations against transnational terrorist threats across the 
     foreign-domestic divide.
       (G) To foster joint action among the department, agencies, 
     and elements of the United States Government involved in 
     counterterrorism.
       (H) To oversee the counterterrorism operations of the 
     United States Government.
       (I) To ensure that an accountable official has authority to 
     guide the Government-wide counterterrorism efforts of the 
     United States Government.
       (2) A department, agency, or element of the United States 
     Government that objects to the assignment of general 
     operational authority to such department, agency, or element 
     under paragraph (1)(C) shall notify the National Security 
     Council and the Homeland Security Council under title IX of 
     the Homeland Security Act of 2002 (6 U.S.C. 491 et seq.) of 
     such objection.
       (c) Administrator of National Counterterrorism Center.--(1) 
     There is an Administrator of the National Counterterrorism 
     Center, who shall be the head of the National 
     Counterterrorism Center, who shall be appointed from civilian 
     life by the President, by and with the advice and consent of 
     the Senate.
       (2) Any individual nominated for appointment as 
     Administrator of the National Counterterrorism Center shall 
     have significant expertise in matters relating to the 
     national security of the United States and matters relating 
     to terrorism that threatens the national security of the 
     United States.
       (d) Duties and Responsibilities of Administrator.--
     Notwithstanding any other provision of law, at the policy 
     direction of the President and the National Security Council, 
     the Administrator of the National Counterterrorism Center 
     shall, through the Director, be responsible for the following 
     insofar as it relates to counterterrorism:
       (1) Serving as the principal advisor to the President on 
     counterterrorism matters.
       (2) Directing the efficient and effective tasking of 
     national intelligence collection using technical means and 
     human sources.
       (3) Establishing standards and priorities relating to the 
     analysis and production of intelligence by the elements of 
     the intelligence community.
       (4) Directing the tasking of analysis and production of 
     intelligence by the elements of the intelligence community.
       (5) Directing competitive analysis of analytical products 
     having national importance.
       (6) Identifying intelligence requirements.
       (e) Authorities of Administrator.--In carrying out the 
     duties and responsibilities specified in subsection (d), the 
     Administrator of the National Counterterrorism Center shall--
       (1) monitor the implementation of counterterrorism 
     operations and coordinate the updating of plans for such 
     operations as needed;
       (2) oversee interagency task forces on counterterrorism 
     (including task forces of the Central Intelligence Agency, 
     the Federal Bureau of Investigation, and other departments, 
     agencies, and elements of the United States Government), and, 
     as the Administrator determines necessary, incorporate the 
     coordinating activities of such task forces into the Center;
       (3) incorporate into the Center any interagency planning of 
     operations on counterterrorism that is being conducted by the 
     staff of the National Security Council as of the date of the 
     enactment of this Act;
       (4) establish priorities and requirements for, and 
     coordinate the efficient and effective tasking of, national 
     intelligence collection on counterterrorism, whether inside 
     or outside the United States, using technical means and human 
     sources, including the establishment of mechanisms and 
     procedures to provide for automated tasking across multiple 
     intelligence disciplines in real time;
       (5) develop assessments comparing terrorist capabilities 
     and intentions with United States defenses against such 
     threats (commonly referred to as ``net-assessments'');
       (6) provide warnings of terrorist threats as directed by 
     the President;
       (7) incorporate, as necessary, the perspectives and needs 
     of State and local counterterrorism officials in implementing 
     the mission of the Center; and
       (8) access, as considered necessary by the Administrator 
     for the performance of the functions of the Center, 
     information to which the Administrator is granted access by 
     subsection (i).
       (f) Deputy Administrators of National Counterterrorism 
     Center.--(1) There is in the National Counterterrorism Center 
     a Deputy Administrator of the National Counterterrorism 
     Center for Intelligence who shall be appointed by the 
     Administrator of the National Counterterrorism Center.
       (2) There is in the National Counterterrorism Center a 
     Deputy Administrator of the National Counterterrorism Center 
     for Operations who shall be appointed by the Administrator of 
     the National Counterterrorism Center.
       (3) The Deputy Administrators shall have the 
     responsibilities set forth in subsection (g).
       (g) Duties and Responsibilities of Deputy Administrators.--
     (1) The Deputy Administrator of the National Counterterrorism 
     Center for Intelligence shall have responsibilities for 
     matters as follows:
       (A) Strategic analysis of terrorist threats.
       (B) The pooling of all-source intelligence (whether 
     domestic or foreign) about transnational terrorist 
     organizations with worldwide reach.
       (C) The development of assessment comparing terrorist 
     capabilities and intentions with United States defenses 
     against such threats (commonly referred to as ``net 
     assessments'').
       (D) The provision of warnings on terrorist threats.
       (E) The discharge of the tasking of national intelligence 
     under subsection (d) and (e).
       (F) The duties of the Terrorist Threat Integration Center 
     (TTIC) transferred to the Department under title IV.
       (2) The Deputy Administrator of the National 
     Counterterrorism Center for Operations shall have 
     responsibilities as follows:
       (A) Joint planning for the assignment of responsibilities 
     for operations to lead agencies.
       (B) The tracking of operations so assigned.
       (C) The overall coordination of operations of the 
     intelligence community.

[[Page S8873]]

       (h) Staff.--(1) To assist the Administrator of the National 
     Counterterrorism Center in fulfilling the responsibilities of 
     the Administrator under this section, the Administrator shall 
     employ and utilize in the Center a professional staff having 
     an expertise in matters relating to such responsibilities.
       (2) The head of any element of the intelligence community 
     may, upon the request of the Director, assign or detail to 
     the Center any officer or employee of such element to assist 
     the Administrator in carrying out the responsibilities of the 
     Administrator under this section.
       (i) Access to Terrorism Information.--The head of each 
     department, agency, or other element of the United States 
     Government that possesses or acquires terrorism information 
     shall--
       (1) give prompt access to such information to the 
     Administrator of the National Counterterrorism Center, unless 
     otherwise expressly prohibited by law or otherwise directed 
     by the President;
       (2) cooperate in, and facilitate the production of, reports 
     based on terrorism information with contents and formats that 
     permit dissemination of such information in a manner that 
     maximizes the utility of such information in protecting the 
     territory, people, and interests of the United States; and
       (3) if such department, agency, or other element conducts 
     diplomatic, financial, military, homeland security, 
     intelligence, or law enforcement activities relating to 
     counterterrorism, keep the Administrator fully and currently 
     informed of such activities, unless expressly prohibited by 
     law or otherwise directed by the President.

     SEC. 114. OTHER NATIONAL INTELLIGENCE CENTERS.

       (a) National Intelligence Centers.--(1) The Director shall 
     establish within the Department one or more centers (to be 
     known as ``national intelligence centers'') to address 
     intelligence priorities established by the National Security 
     Council.
       (2) Each national intelligence center shall be assigned an 
     area of intelligence responsibility, whether expressed in 
     terms of a geographic region (including the Middle East), in 
     terms of function (including counterterrorism, proliferation 
     of weapons of mass destruction, and international crime and 
     narcotics), or in other terms.
       (b) Requirements Relating to Establishment of Centers.--(1) 
     In establishing a national intelligence center, the Director 
     shall assign lead responsibility for such center to an 
     element of the intelligence community selected by the 
     Director for that purpose.
       (2) The Director shall determine the structure and size of 
     each national intelligence center.
       (3) The Director shall notify the congressional 
     intelligence committees of the establishment of a national 
     intelligence center not later than 60 days before the date of 
     the establishment of the center.
       (c) Mission of Centers.--(1) Each national intelligence 
     center shall provide joint all source intelligence analysis 
     and planning of intelligence operations in the area of 
     intelligence responsibility assigned the center by the 
     Director pursuant to intelligence priorities established by 
     the National Security Council.
       (2) As part of its intelligence analysis mission, a 
     national intelligence center shall--
       (A) undertake primary responsibility for strategic and 
     tactical intelligence analysis, fusing all-source 
     intelligence, whether foreign or domestic, on the area of 
     intelligence responsibility of the center;
       (B) develop intelligence net assessments;
       (C) provide threat warnings to the Director and to 
     appropriate departments, agencies, and elements of the United 
     States Government for further dissemination at the State and 
     local level; and
       (D) direct foreign and domestic intelligence collection and 
     analysis to address threats and to support implementation of 
     operations.
       (3) As part of its mission to plan intelligence operations, 
     a national intelligence center shall--
       (A) develop, based on policy objectives and priorities 
     established by the National Security Council, plans for 
     operations for intelligence collection for its area of 
     intelligence responsibility;
       (B) assign responsibilities for operations for intelligence 
     collection for its area of intelligence responsibility to the 
     elements of the intelligence community, which operations 
     shall be directed and conducted by the elements of the 
     intelligence community concerned; and
       (C) oversee implementation of such plans and operations, 
     and update such plans, as the administrator of the center 
     considers appropriate.
       (d) Supervision.--The administrator of each national 
     intelligence center shall report directly to the Director in 
     order to ensure adequate sharing of intelligence analysis and 
     adequate planning of intelligence operations in the area of 
     intelligence responsibility assigned to such center.
       (e) Staff of Centers.--(1) The head of an element of the 
     intelligence community shall, upon the request of the 
     administrator of a national intelligence center and with the 
     approval of the Director, assign or detail to the center any 
     personnel, including intelligence analysts and intelligence 
     operations specialists, of such element as the administrator 
     of the center considers appropriate to carry out the mission 
     of the center.
       (2) Personnel assigned or detailed to a national 
     intelligence center under paragraph (1) shall be under the 
     authority, direction, and control of the administrator of the 
     center on all matters for which the center has been assigned 
     responsibility and for all matters related to the 
     accomplishment of the mission of the center.
       (3) Performance evaluations of personnel assigned or 
     detailed to a national intelligence center under this 
     subsection shall be undertaken by the supervisors of such 
     personnel at the center.
       (4) The supervisors of the staff of a national center may, 
     with the approval of the Director, reward the staff of the 
     center for meritorious performance by the provision of such 
     performance awards as the Director shall prescribe.
       (5) The administrator of a national intelligence center may 
     recommend to the head of the element of the intelligence 
     community concerned the reassignment to such element of any 
     personnel of such element previously assigned or detailed to 
     the center.
       (f) Modification or Termination of Centers.--(1) The 
     Director may terminate a national intelligence center if the 
     Director determines that the center is no longer required to 
     meet an intelligence priority established by the National 
     Security Council.
       (2) The Director may from time to time recommend to the 
     National Security Council a modification of the mission or 
     responsibilities of a national intelligence center, and may, 
     with the approval of the National Security Council, modify 
     the mission or responsibilities of a national intelligence 
     center.
       (g) Support.--The element of the intelligence community 
     assigned lead responsibility for a national intelligence 
     center under subsection (b)(1) shall be responsible for the 
     provision of administrative support for the center, including 
     the provision of funds to the center necessary for the 
     administration of the center, until such time as the center 
     is included in the National Foreign Intelligence Program 
     Budget.

     SEC. 115. ASSISTANT DIRECTOR OF INTELLIGENCE FOR RESEARCH, 
                   DEVELOPMENT, AND PROCUREMENT.

       (a) Assistant Director of Intelligence for Research, 
     Development, and Procurement.--There is an Assistant Director 
     of Intelligence for Research, Development, and Procurement 
     who shall be appointed by the Director.
       (b) Direction.--The Assistant Director of Intelligence for 
     Research, Development, and Procurement shall report to the 
     Director regarding the activities of the Assistant Director.
       (c) Principal Responsibilities.--The Assistant Director of 
     Intelligence for Research, Development, and Procurement 
     shall--
       (1) manage and oversee the research and development 
     activities of the intelligence community with respect to the 
     intelligence and intelligence-related activities of the 
     United States Government;
       (2) ensure that research and development projects are 
     consistent with national intelligence requirements;
       (3) establish priorities among such projects in order to 
     address deficiencies in the collection, analysis, and 
     dissemination of national intelligence;
       (4) account for funding constraints in program development 
     and acquisition;
       (5) address system requirements from collection to final 
     dissemination (also known as ``end-to-end architecture''); 
     and
       (6) in consultation with the Director, the Chief 
     Information Officer of the Department of Intelligence, and 
     the Intelligence Comptroller, ensure that tactical military 
     intelligence systems, military systems, and national 
     intelligence systems are sufficiently interoperable.
       (e) Responsibility for Performance of Specific Function.--
     In carrying out responsibilities under this section, the 
     Assistant Director of Intelligence for Research, Development, 
     and Procurement shall ensure through the National 
     Reconnaissance Office the continued operation of an effective 
     unified organization for the research, development, and 
     acquisition of overhead reconnaissance systems necessary to 
     satisfy--
       (1) the requirements of all elements of the intelligence 
     community; and
       (2) the needs of the Department of Defense, including the 
     Chairman of the Joint Chiefs of Staff and the commanders of 
     the unified and specified commands.

     SEC. 116. ASSISTANT DIRECTOR OF INTELLIGENCE FOR CIVIL 
                   LIBERTIES AND PRIVACY.

       (a) Assistant Director of Intelligence for Civil Liberties 
     and Privacy.--There is an Assistant Director of Intelligence 
     for Civil Liberties and Privacy who shall be appointed by the 
     Director.
       (b) Direction.--The Assistant Director of Intelligence for 
     Civil Liberties and Privacy shall report to the Director 
     regarding the activities of the Assistant Director.
       (c) Duties and Responsibilities.--The Assistant Director of 
     Intelligence for Civil Liberties and Privacy shall--
       (1) serve as the head of the Office of Civil Liberties and 
     Privacy under section 242; and
       (2) in that capacity, have the duties and responsibilities 
     specified in that section.

     SEC. 117. NATIONAL INTELLIGENCE COUNCIL.

       (a) National Intelligence Council.--There is a National 
     Intelligence Council.
       (b) Composition.--(1) The National Intelligence Council 
     shall be composed of substantive experts on matters addressed 
     by the Council who shall be appointed by, report to, and 
     serve at the pleasure of the Director.
       (2) The Director shall prescribe appropriate security 
     requirements for service on the

[[Page S8874]]

     Council to ensure the protection of intelligence sources and 
     methods.
       (c) Duties and Responsibilities.--(1) The National 
     Intelligence Council shall--
       (A) produce national intelligence estimates for the United 
     States Government, including alternative views held by 
     elements of the intelligence community;
       (B) evaluate intelligence community-wide collection, 
     analysis, and production of intelligence and the requirements 
     and resources of the collection, analysis, and production of 
     such intelligence; and
       (C) otherwise assist the Director in carrying out the 
     responsibilities described in section 131.
       (2)(A) National intelligence estimates produced under 
     paragraph (1)(A) shall--
       (i) separately state, and distinguish between, the 
     intelligence underlying the estimate and the assumptions and 
     judgment of analysts with respect to that intelligence and 
     estimate;
       (ii) describe the quality and reliability of the 
     intelligence underlying the estimates; and
       (iii) present and explain alternative conclusions with 
     respect to the intelligence and estimates.
       (B) Before publication and distribution of a national 
     intelligence estimate, the estimate shall be certified by 
     both the Director and the Chairman of the Council as approved 
     for publication and distribution.
       (d) Access to Intelligence.--To the extent approved by the 
     President and recommended by the Director, the National 
     Intelligence Council shall have access to all intelligence 
     related to the national security that is necessary for its 
     duties and responsibilities under this section.
       (e) Contract Authority.--Subject to the direction and 
     control of the Director, the National Intelligence Council 
     may carry out its duties and responsibilities under this 
     section by contract, including contracts for substantive 
     experts necessary to assist the Council with particular 
     assessments under this section.
       (f) Staff.--The Director shall make available to the 
     National Intelligence Council such staff as may be necessary 
     to permit the Council to carry out its duties and 
     responsibilities under this section.
       (g) Availability to Policymakers.--The National 
     Intelligence Council shall be readily accessible to 
     policymaking officials of the United States.
       (h) Assistance of Intelligence Community.--The heads of the 
     elements of the intelligence community shall, as appropriate, 
     furnish such support to the National Intelligence Council, 
     including the preparation of intelligence analyses, as may be 
     required by the Director.

     SEC. 118. GENERAL COUNSEL OF THE DEPARTMENT OF INTELLIGENCE.

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

     SEC. 119. INSPECTOR GENERAL OF THE DEPARTMENT OF 
                   INTELLIGENCE.

       (a) Inspector General.--There is an Inspector General of 
     the Department of Intelligence who shall be appointed as 
     provided in section 3 of the Inspector General Act of 1978 (5 
     U.S.C. App. 3).
       (b) Supervision and Control; Removal.--(1) The Inspector 
     General of the Department of Intelligence shall report to and 
     be under the general supervision of the Director.
       (2) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       (c) Duties and Responsibilities.--It shall be the duty and 
     responsibility of the Inspector General of the Department of 
     Intelligence--
       (1) to provide policy direction for, and to plan, conduct, 
     supervise, and coordinate independently, the inspections, 
     investigations, and audits relating to the programs and 
     operations of the Department and the intelligence community 
     to ensure they are conducted efficiently and in accordance 
     with applicable law and regulations;
       (2) to keep the Director fully and currently informed 
     concerning violations of law and regulations, violations of 
     civil liberties and privacy, and fraud and other serious 
     problems, abuses, and deficiencies that may occur in such 
     programs and operations, and to report the progress made in 
     implementing corrective action;
       (3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports;
       (4) to prepare semiannual reports as provided in subsection 
     (d); and
       (5) to perform such other duties specified for inspectors 
     general in the Inspector General Act of 1978 as the Director 
     shall prescribe.
       (d) Powers and Authorities.--(1)(A) The Inspector General 
     of the Department of Intelligence shall have access to any 
     employee or any employee of a contractor of the Department or 
     any other element of the intelligence community whose 
     testimony is needed for the performance of the duties and 
     responsibilities of the Inspector General.
       (B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other materials which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.
       (C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       (2) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Department or any other element of the 
     intelligence community--
       (A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       (B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee of the Agency or any other element of the 
     intelligence community in a position to take such actions, 
     unless the complaint was made or the information was 
     disclosed with the knowledge that it was false or with 
     willful disregard for its truth or falsity.
       (3) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     Inspector General's duties, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office designated by the Inspector General shall have 
     the same force and effect as if administered or taken by or 
     before an officer having a seal.
       (4) The Inspector General shall have such additional powers 
     and authorities specified for inspectors general in the 
     Inspector General Act of 1978 as the Director shall 
     prescribe.
       (e) Semiannual Reports.--(1) Not later than April 30 and 
     October 31 each year, the Inspector General of the Department 
     of Intelligence shall submit to the Director a report on the 
     activities of the Inspector General under this section during 
     the six-month period ending March 31 and September 30 of such 
     year, respectively.
       (2) Each report shall include, for the period covered by 
     such report, the following:
       (A) The matters specified for semiannual reports of 
     inspectors general in section 5 of the Inspector General Act 
     of 1978.
       (B) An assessment of the effectiveness of all measures in 
     place in the Department for the protection of civil liberties 
     and privacy of United States persons.
       (3) Not later than 30 days after receipt of a report under 
     paragraph (1), the Director shall transmit to the 
     congressional intelligence committees a complete, unabridged 
     copy of such report together with such comments on such 
     report as the Director considers appropriate.
       (f) Cooperation With Other Inspectors General of 
     Intelligence Community.--Each inspector general of an element 
     of the intelligence community shall cooperate fully with the 
     Inspector General of the Department of Intelligence in the 
     performance of any duty or function by the Inspector General 
     of the Department of Intelligence under this section 
     regarding such element.
       (g) Construction of Duties Regarding Elements of 
     Intelligence Community.--The performance by the Inspector 
     General of the Department of Intelligence of any duty or 
     function regarding an element of the intelligence community 
     may not be construed to modify or affect the responsibility 
     of any other inspector general having responsibilities 
     regarding the element of the intelligence community.

     SEC. 120. INTELLIGENCE COMPTROLLER.

       (a) Intelligence Comptroller.--There is an Intelligence 
     Comptroller who shall be appointed by the Director.
       (b) Supervision.--The Intelligence Comptroller shall report 
     directly to the Director.
       (c) Duties.--The Intelligence Comptroller shall--
       (1) assist the Secretary of Defense in the preparation and 
     execution of the budget of the Department of Defense insofar 
     as such budget relates to the tactical intelligence programs;

[[Page S8875]]

       (2) assist the Deputy Director of Intelligence in the 
     preparation and execution of the budget of the intelligence 
     community under the National Foreign Intelligence Program;
       (3) provide unfettered access to the Director to financial 
     information under the National Foreign Intelligence Program; 
     and
       (4) provide information to the Deputy Director of 
     Intelligence necessary for reports under section 112(c)(4).
       (d) Staff.--The staff of the Intelligence Comptroller shall 
     consist of personnel of the intelligence community who are 
     assigned to the staff by the Director, in consultation with 
     the heads of the other elements of the intelligence 
     community.

     SEC. 121. CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF 
                   INTELLIGENCE.

       (a) Chief Information Officer of Department of 
     Intelligence.--There is a Chief Information Officer of the 
     Department of Intelligence who shall be appointed by the 
     Director.
       (b) Eligibility for Appointment.--Any individual appointed 
     as Chief Information Officer of the Department of 
     Intelligence shall have extensive experience in the 
     management, operation, and maintenance of complex information 
     networks, including the use of advanced information 
     technology applications and products to promote the efficient 
     and secure exchange of information across such networks.
       (c) Duties and Responsibilities.--The Chief Information 
     Officer of the Department of Intelligence shall--
       (1) develop an integrated information technology network 
     that provides for the efficient and secure exchange of 
     intelligence information among the elements of the 
     intelligence community and, as directed by the President, 
     other departments, agencies, and elements of the United 
     States Government and of State and local governments;
       (2) develop an enterprise architecture for the intelligence 
     community and ensure that elements of the intelligence 
     community comply with such architecture;
       (3) ensure that the elements of the intelligence community 
     have direct and continuous electronic access to all 
     information (including unevaluated intelligence) necessary 
     for appropriately cleared analysts to conduct comprehensive 
     all-source analysis and for appropriately cleared 
     policymakers to perform their duties;
       (4) review and provide recommendations to the Director on 
     intelligence community budget requests for information 
     technology and national security systems;
       (5) ensure the interoperability of information technology 
     and national security systems throughout the intelligence 
     community;
       (6) promulgate and enforce standards on information 
     technology and national security systems that apply 
     throughout the intelligence community;
       (7) provide for the elimination of duplicate information 
     technology and national security systems within and between 
     the elements of the intelligence community; and
       (8) maintain a consolidated inventory of mission critical 
     and mission essential information systems for the 
     intelligence community, identify interfaces between such 
     systems and other information systems, and develop and 
     maintain contingency plans for responding to a disruption in 
     the operation of any of such systems.

     SEC. 122. CHIEF FINANCIAL OFFICER OF THE DEPARTMENT OF 
                   INTELLIGENCE.

       (a) Chief Financial Officer of Department of 
     Intelligence.--There is a Chief Financial Officer of the 
     Department of Intelligence who shall be appointed from 
     civilian life by the Director.
       (b) Supervision.--The Chief Financial Officer of the 
     Department of Intelligence shall report directly to the 
     Director.
       (c) Duties and Responsibilities.--The Chief Financial 
     Officer of the Department of Intelligence shall, in 
     consultation with the Intelligence Comptroller--
       (1) assist the Director and the Deputy Director of 
     Intelligence in the preparation and execution of the budget 
     of the elements of the intelligence community under the 
     National Foreign Intelligence Program;
       (2) assist the Secretary of Defense in the preparation and 
     execution of the budget of the Department of Defense insofar 
     as such budget relates to the elements of the intelligence 
     community within the Joint Military Intelligence Program and 
     the Tactical Intelligence and Related Activities Program; and
       (3) provide unfettered access to the Director to financial 
     information under the National Foreign Intelligence Program.
       (d) Staff.--The staff of the Chief Financial Officer of the 
     Department of Intelligence shall consist of personnel of the 
     elements of the intelligence community who are assigned to 
     the staff by the Director.

     SEC. 123. MILITARY STATUS OF DIRECTOR OF INTELLIGENCE AND 
                   DEPUTY DIRECTOR OF INTELLIGENCE.

       (a) In General.--(1) Not more than one of the individuals 
     serving in the positions specified in subsection (b) may be a 
     commissioned officer of the Armed Forces in active status.
       (2) It is the sense of Congress that at least one of the 
     individuals serving in a position specified in subsection (b) 
     should be a commissioned officer of the Armed Forces, whether 
     in active or retired status.
       (b) Covered Positions.--The positions referred to in this 
     subsection are the following:
       (1) The Director.
       (2) The Deputy Director of Intelligence.
       (c) Service of Commissioned Officers.--(1) A commissioned 
     officer of the Armed Forces, while serving in a position 
     specified in subsection (b)--
       (A) shall not be subject to supervision or control by the 
     Secretary of Defense or by any officer or employee of the 
     Department of Defense;
       (B) shall not exercise, by reason of the officer's status 
     as a commissioned officer, any supervision or control with 
     respect to any of the military or civilian personnel of the 
     Department of Defense, except as otherwise authorized by law; 
     and
       (C) shall not be counted against the numbers and 
     percentages of commissioned officers of the rank and grade of 
     such officer authorized for the military department of that 
     officer.
       (2) Except as provided in subparagraph (A) or (B) of 
     paragraph (1), the appointment of an officer of the Armed 
     Forces to a position specified in subsection (b) shall not 
     affect the status, position, rank, or grade of such officer 
     in the Armed Forces, or any emolument, perquisite, right, 
     privilege, or benefit incident to or arising out of such 
     status, position, rank, or grade.
       (3) A commissioned officer of the Armed Forces on active 
     duty who is appointed to a position specified in subsection 
     (b), while serving in such position and while remaining on 
     active duty, shall continue to receive military pay and 
     allowances and shall not receive the pay prescribed for such 
     position. Funds from which such pay and allowances are paid 
     shall be reimbursed from funds available to the Director.

         Subtitle C--Mission, Responsibilities, and Authorities

     SEC. 131. PROVISION OF NATIONAL INTELLIGENCE.

       (a) Provision of National Intelligence.--The Director shall 
     be responsible for providing national intelligence--
       (1) to the President;
       (2) to the heads of other departments and agencies of the 
     executive branch;
       (3) to the Chairman of the Joint Chiefs of Staff and senior 
     military commanders; and
       (4) upon request, to the Senate and House of 
     Representatives and the committees thereof.
       (b) Sense of Congress.--The national intelligence provided 
     under subsection (a) should be timely, objective, independent 
     of political considerations, and based upon all sources 
     available to the intelligence community.

     SEC. 132. RESPONSIBILITIES OF DIRECTOR OF INTELLIGENCE.

       (a) In General.--The Director shall, in consultation with 
     the heads of relevant entities and taking into consideration 
     the intelligence requirements established by the National 
     Security Council for purposes of national security and 
     foreign policy--
       (1) direct and manage the tasking of collection, analysis, 
     and dissemination of national intelligence by elements of the 
     intelligence community, including the establishment of 
     requirements and priorities of such tasking;
       (2) approve collection and analysis requirements, determine 
     collection and analysis priorities, and resolve conflicts in 
     collection and analysis priorities levied on national 
     collection and analysis assets, except as otherwise agreed 
     with the Secretary of Defense pursuant to the direction of 
     the President;
       (3) promote and evaluate the utility of national 
     intelligence to consumers within the United States 
     Government;
       (4) eliminate waste and unnecessary duplication within the 
     intelligence community;
       (5) establish requirements and priorities for foreign 
     intelligence information to be collected under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.), and provide assistance to the Attorney General to 
     ensure that information derived from electronic surveillance 
     or physical searches under that Act is disseminated so it may 
     be used efficiently and effectively for foreign intelligence 
     purposes, except that the Director shall have no authority to 
     direct, manage, or undertake electronic surveillance or 
     physical search operations pursuant to that Act unless 
     otherwise authorized by statute or Executive order;
       (6) establish requirements and procedures for the 
     classification of information;
       (7) establish requirements and procedures for the 
     dissemination of classified information by elements of the 
     intelligence community;
       (8) establish intelligence reporting guidelines while 
     protecting intelligence sources and methods;
       (9) oversee and ensure compliance by each element of the 
     intelligence community with the statutes and Executive orders 
     of the United States, including laws related to the 
     protection of civil liberties and privacy of United States 
     persons;
       (10) protect intelligence sources and methods from 
     unauthorized disclosure as provided in subsection (b);
       (11) establish and implement policies and procedures 
     governing access to, and use of, specified data base 
     information by officers and employees of the elements of the 
     intelligence community and, as directed by the President 
     (after recommendations by the Attorney General), law 
     enforcement personnel of the United States Government;

[[Page S8876]]

       (12) develop, in consultation with the Secretary of 
     Defense, the Secretary of Homeland Security, and the heads of 
     other appropriate departments and agencies of the United 
     States Government, an integrated communications network that 
     provides interoperable communications capabilities among all 
     elements of the intelligence community and such other 
     entities and persons as the Director considers appropriate;
       (13) develop and implement, in consultation with the heads 
     of the other elements of the intelligence community, policies 
     and programs within the intelligence community for the 
     rotation of personnel among the elements of the intelligence 
     community in a manner that--
       (A) makes service in more than one element of the 
     intelligence community pursuant to such rotation a condition 
     of promotion to such positions within the intelligence 
     community as the Director shall specify;
       (B) ensures the effective management of intelligence 
     community personnel who are specially training in 
     intelligence community-wide matters; and
       (C) establishes standards for education and training that 
     will facilitate assignments to the national intelligence 
     centers under section 114;
       (14) consolidate and manage a common personnel security 
     system for the Department;
       (15) develop and implement, as necessary, a common 
     personnel system and common retirement and disability system 
     for the Department;
       (16) ensure that the composition of the personnel of the 
     intelligence community is sufficiently diverse for purposes 
     of the collection and analysis of intelligence by recruiting 
     and training for service in the intelligence community women, 
     minorities, and individuals with diverse ethnic, cultural, 
     and linguistic backgrounds;
       (17) appoint officers or employees of the Department of 
     Homeland Security, the Central Intelligence Agency, the 
     National Security Agency, the National Geospatial-
     Intelligence Agency, the National Reconnaissance Office, and 
     other elements of the Department of Intelligence to serve as 
     tasking directors to assist in the tasking of collection, 
     analysis, and dissemination of information for all elements 
     of the intelligence community under the National Foreign 
     Intelligence Program;
       (18) in accordance with the provisions of section 106 of 
     the National Security Act of 1947 (50 U.S.C. 403-6), make 
     recommendations to the President regarding the appointment of 
     certain heads of elements of the intelligence community;
       (19) develop such objectives and guidance for the 
     intelligence community as, in the judgment of the Director, 
     are necessary to ensure the timely and effective collection, 
     processing, analysis, and dissemination of intelligence, of 
     whatever nature and from whatever source derived, concerning 
     current and potential threats to the security of the United 
     States and its interests, and to ensure that the National 
     Foreign Intelligence Program is structured adequately to 
     achieve such objectives;
       (20) work with the elements of the intelligence community 
     to ensure that the intelligence collection activities of the 
     United States Government are integrated in--
       (A) collecting against enduring and emerging threats to the 
     national security of the United States;
       (B) maximizing the value of such intelligence collection to 
     the national security of the United States; and
       (C) ensuring that all collected data is available, to the 
     maximum extent practicable, for integration, analysis, and 
     dissemination to those who can act on, add value to, or 
     otherwise apply it to mission needs;
       (21) ensure that appropriate departments, agencies, and 
     elements of the United States Government have access to, and 
     receive, all-source intelligence support needed to perform 
     independent, alternative analysis;
       (22) establish policies, procedures, and mechanisms that 
     translate intelligence objectives and priorities approved by 
     the President into specific guidance for the intelligence 
     community;
       (23) receive access to all foreign intelligence, 
     counterintelligence, and national intelligence, including 
     intelligence derived from activities of any department, 
     agency, or element of the United States Government, and to 
     all other information that is related to the national 
     security or is otherwise required for the performance of the 
     duties of the Director, except in cases in which the access 
     of the Director to such information is expressly prohibited 
     by law, by the President, or by the Attorney General acting 
     at the direction of the President;
       (24) consistent with section 133, review, and approve or 
     disapprove, any proposal to--
       (A) reprogram funds within an appropriation for the 
     National Foreign Intelligence Program;
       (B) transfer funds from an appropriation for the National 
     Foreign Intelligence Program to an appropriation that is not 
     for the National Foreign Intelligence Program within the 
     intelligence community; or
       (C) transfer funds from an appropriation that is not for 
     the National Foreign Intelligence Program within the 
     intelligence community to an appropriation for the National 
     Foreign Intelligence Program;
       (25) ensure that any intelligence and operational systems 
     and architectures of the departments, agencies, and elements 
     of the United States Government are consistent with national 
     intelligence requirements set by the Director and all 
     applicable information sharing and security guidelines and 
     information privacy requirements;
       (26) in consultation with the Attorney General, set forth 
     common standards, through written requirements, procedures, 
     and guidelines, for the collection and sharing of information 
     collected abroad and in the United States by the elements of 
     the intelligence community, and with State and local 
     governments in consultation with the Secretary of Homeland 
     Security, while to the maximum extent practicable, protecting 
     the privacy and civil liberties of United States persons and 
     ensuring that relevant officers of the United States 
     Government are provided with clear, understandable, 
     consistent, effective, and lawful procedures and guidelines 
     for the collection, handling, distribution, and retention of 
     information;
       (27) require, at the outset of the intelligence collection 
     and analysis process, the creation of records and reporting, 
     for both raw and processed information, in such a manner that 
     sources and methods are protected so that the information can 
     be distributed at lower classification levels, and by 
     creating unclassified versions for distribution whenever 
     possible;
       (28) require information to be shared free of originator 
     controls, including controls requiring the consent of the 
     originating agency prior to the dissemination of the 
     information outside any other agency to which it has been 
     made available, and otherwise minimizing the applicability of 
     information compartmentalization systems to information while 
     holding personnel accountable for increased sharing of 
     intelligence related to the national security;
       (29) direct, supervise, and control all aspects of national 
     intelligence, including the programs, projects, and 
     activities of the national intelligence centers; and
       (30) perform such other functions as the President may 
     direct.
       (b) Protection of Intelligence Sources and Methods.--(1) In 
     order to protect intelligence sources and methods from 
     unauthorized disclosure and, consistent with that protection, 
     to maximize the dissemination of intelligence, the Director 
     shall establish and implement guidelines for the following 
     purposes:
       (A) The classification of information.
       (B) Access to and dissemination of intelligence, both in 
     final form and in the form when initially gathered.
       (C) The preparation of intelligence reports to ensure that, 
     to the maximum extent practicable, information contained in 
     such reports is also available in unclassified form.
       (2) The Director may not delegate a duty or authority under 
     this subsection.
       (c) Uniform Procedures for Sensitive Compartmented 
     Information.--The President, acting through the Director, 
     shall--
       (1) establish uniform standards and procedures for the 
     grant of access to sensitive compartmented information to any 
     officer or employee of any department, agency, or element of 
     the United States Government and to employees of contractors 
     of the departments, agencies, and elements of the United 
     States Government;
       (2) ensure the consistent implementation of those standards 
     and procedures throughout the departments, agencies, and 
     elements of the United States Government; and
       (3) ensure that security clearances granted by individual 
     elements of the intelligence community are recognized by all 
     elements of the intelligence community, and under contracts 
     entered into by such elements.

     SEC. 133. AUTHORITIES OF DIRECTOR OF INTELLIGENCE.

       (a) Access to Intelligence.--To the extent approved by the 
     President, the Director shall have access to all intelligence 
     related to the national security which is collected by any 
     department, agency, or other element of the United States 
     Government.
       (b) Determination of Budgets for NFIP and Other 
     Intelligence Activities.--The Director shall determine, as 
     appropriate, the annual budget for intelligence and 
     intelligence-related activities of the United States under 
     section 102(d)(3) by--
       (1) developing and presenting to the President an annual 
     budget for the National Foreign Intelligence Program, 
     including, in furtherance of such budget--
       (A) the preparation, review, modification, and approval of 
     budgets of the elements of the intelligence community; and
       (B) the preparation, review, modification, and approval of 
     personnel and resource allocations by the elements of the 
     intelligence community;
       (2) participating in the development by the Secretary of 
     Defense of the annual budget for the Joint Military 
     Intelligence Program and the Tactical Intelligence and 
     Related Activities Program;
       (3) having direct jurisdiction of amounts appropriated or 
     otherwise made available for the National Foreign 
     Intelligence Program as specified in subsection (e); and
       (4) managing and overseeing the execution, and, if 
     necessary, the modification of the annual budget for the 
     National Foreign Intelligence Program, including directing 
     the reprogramming and reallocation of funds, and the transfer 
     of personnel, among and between elements of the intelligence 
     community in accordance with subsection (f).
       (c) Budget Authorities.--(1) For purposes of subsection 
     (b)--
       (A) the Director shall, acting through the Deputy Director 
     of Intelligence, direct, coordinate, and prepare the annual 
     budgets of

[[Page S8877]]

     the elements of the intelligence community within the 
     National Foreign Intelligence Program, in consultation with 
     the heads of such elements;
       (B) the Director shall provide guidance for the development 
     of the annual budgets for such other elements of the 
     intelligence community as are not within the National Foreign 
     Intelligence Program;
       (C) the heads of the elements referred to in subparagraph 
     (B), shall coordinate closely with the Deputy Director of 
     Intelligence in the development of the budgets of those 
     elements, before the submission of their recommendations to 
     the Director for approval; and
       (D) the budget of any element of the intelligence community 
     within the National Foreign Intelligence Program may not be 
     provided to the President for transmission to Congress unless 
     the Director has approved such budget.
       (2)(A) In preparing and presenting an annual budget under 
     subsection (b)(1), the Director shall develop the annual 
     budget for the elements of the intelligence community within 
     the National Foreign Intelligence Program.
       (B) If any portion of the budget for an element of the 
     intelligence community is prepared outside the Office of the 
     Director of Intelligence, the Director--
       (i) shall approve such budget before submission to the 
     President; and
       (ii) may require modifications of such budget to meet the 
     requirements and priorities of the Director before approving 
     such budget under clause (i).
       (d) Management and Oversight of National Foreign 
     Intelligence Program.--(1) The Director shall manage and 
     oversee the execution by each element of the intelligence 
     community of any amounts appropriated or otherwise made 
     available to such element under the National Foreign 
     Intelligence Program.
       (2) Consistent with subsections (e) and (f), the Director 
     may modify the resource and personnel allocations of any 
     element of the intelligence community.
       (e) Jurisdiction of Funds Under NFIP.--Notwithstanding any 
     other provision of law and consistent with section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414), any amounts 
     appropriated or otherwise made available for the National 
     Foreign Intelligence Program shall be considered to be 
     appropriated or otherwise made available to, and under the 
     direct jurisdiction, management, and oversight of, the 
     Director.
       (f) Reprogramming and Reallocation of Funds and Transfer of 
     Personnel Under NFIP.--(1)(A) Consistent with section 504 of 
     the National Security Act of 1947, the Director of 
     Intelligence may, with the approval of the Director of the 
     Office of Management and Budget and in accordance with 
     procedures developed by the Director of Intelligence, 
     reprogram funds appropriated or otherwise made available for 
     a program within the National Foreign Intelligence Program to 
     another such program.
       (B) Consistent with section 504 of the National Security 
     Act of 1947, no funds appropriated or otherwise made 
     available under the National Foreign Intelligence Program may 
     be reprogrammed by any element of the intelligence community 
     without the prior approval of the Director except in 
     accordance with procedures issued by the Director.
       (2) Consistent with section 504 of the National Security 
     Act of 1947, the Director may reallocate funds appropriated 
     or otherwise made available for a program within the National 
     Foreign Intelligence Program for other purposes under such 
     program.
       (3) Consistent with section 504 of the National Security 
     Act of 1947, the Director may, in accordance with procedures 
     developed by the Director, transfer personnel authorized for 
     an element of the intelligence community to another element 
     of the intelligence community for a period of up to a year.
       (4) Consistent with section 504 of the National Security 
     Act of 1947, the Secretary of Defense shall consult with the 
     Director before reprogramming funds available under the Joint 
     Military Intelligence Program or the Tactical Intelligence 
     and Related Activities Program.
       (5) The Director may not delegate a responsibility or 
     authority of the Director under this subsection.
       (6) A reprogramming of funds or a transfer of funds or 
     personnel may be made under this subsection only if--
       (A) the funds or personnel are being reprogrammed or 
     transferred, as the case may be, to an activity that is a 
     higher priority intelligence activity;
       (B) the need for funds or personnel for such activity is 
     based on unforeseen requirements; and
       (C) in the case of a reprogramming of funds, the 
     reprogramming of funds does not involve a reprogramming of 
     funds to the Reserve for Contingencies of the Central 
     Intelligence Agency.
       (7) Funds reprogrammed or transferred under this subsection 
     shall remain available for the same period as the account or 
     subaccount to which reprogrammed or transferred, as the case 
     may be.
       (8)(A) Any reprogramming of funds under this subsection 
     shall be carried out in accordance with existing procedures 
     applicable to reprogramming notifications for the appropriate 
     congressional committees.
       (B) Any proposed reprogramming of funds for which notice is 
     given to the appropriate congressional committees shall be 
     accompanied by a report explaining the nature of the proposed 
     reprogramming and how it satisfies the requirements of this 
     subsection.
       (C) The congressional intelligence committees shall be 
     promptly notified of any reprogramming of funds under this 
     subsection in any case in which the reprogramming of such 
     funds would not have otherwise required reprogramming 
     notification under procedures in effect as of October 24, 
     1992.
       (9)(A) The Director shall promptly submit to the 
     congressional intelligence committees and, in the case of the 
     transfer of personnel to or from the Department of Defense, 
     the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives, 
     a report on any transfer of personnel made pursuant to this 
     subsection.
       (B) The Director shall include in any report under 
     subparagraph (A) an explanation of the nature of the transfer 
     concerned and how it satisfies the requirements of this 
     subsection.
       (g) Delegation of Certain Administrative Authorities.--(1) 
     Notwithstanding any other provision of law, the Director may 
     delegate to the head of any other element of the intelligence 
     community any authority of the Director of the Central 
     Intelligence Agency with respect to the Central Intelligence 
     Agency under a provision of the Central Intelligence Agency 
     Act of 1949 as follows:
       (A) Section 3 (50 U.S.C. 403c), relating to procurement.
       (B) Section 4 (50 U.S.C. 403e), relating to travel 
     allowances and related expenses.
       (C) Section 5 (50 U.S.C. 403f), relating to administration 
     of funds.
       (D) Section 6 (50 U.S.C. 403g), relating to exemptions from 
     certain information disclosure requirements.
       (E) Section 8 (50 U.S.C. 403j), relating to availability of 
     appropriations.
       (F) Section 11 (50 U.S.C. 403k), relating to payment of 
     death gratuities.
       (G) Section 12 (50 U.S.C. 403l), relating to acceptance of 
     gifts, devises, and bequests.
       (H) Section 21 (50 U.S.C. 403u), relating to operation of a 
     central services program.
       (2) Notwithstanding any other provision of law, the head of 
     an element of the intelligence community delegated an 
     authority under paragraph (1) with respect to such element 
     may exercise such authority with respect to such element to 
     the same extent that the Director of the Central Intelligence 
     Agency may exercise such authority with respect to the 
     Central Intelligence Agency.
       (h) Termination of Employees of Department.--(1) 
     Notwithstanding any other provision of law, the Director may, 
     at the discretion of the Director, terminate the employment 
     of any officer or employee of the Department whenever the 
     Director considers the termination of employment of such 
     officer or employee necessary or advisable in the interests 
     of the United States.
       (2) Any such termination of employment shall not affect the 
     right of the officer or employee terminated to seek or accept 
     employment in any other department or agency of the United 
     States Government if declared eligible for such employment by 
     the Office of Personnel Management.
       (i) Coordination With Foreign Governments.--Under the 
     direction of the National Security Council and in a manner 
     consistent with section 207 of the Foreign Service Act of 
     1980 (22 U.S.C. 3927), the Director shall coordinate the 
     relationships between elements of the intelligence community 
     and the intelligence or security services of foreign 
     governments on all matters involving intelligence related to 
     the national security or involving intelligence acquired 
     through clandestine means.
       (j) Standards and Qualifications for Performance of 
     Intelligence Activities.--The Director shall develop 
     standards and qualifications for persons engaged in the 
     performance of intelligence activities within the 
     intelligence community.
       (k) Personal Services.--The Director may--
       (1) procure the temporary or intermittent services of 
     experts or consultants (or organizations thereof) in 
     accordance with section 3109 of title 5, United States Code; 
     and
       (2) whenever necessary due to a need related to 
     intelligence functions of the Department, procure temporary 
     (not to exceed 1 year) or intermittent personal services, 
     including the services of experts or consultants (or 
     organizations thereof), without regard to the pay limitations 
     of such section 3109.

            TITLE II--ELEMENTS OF DEPARTMENT OF INTELLIGENCE

                Subtitle A--Central Intelligence Agency

     SEC. 201. CENTRAL INTELLIGENCE AGENCY.

       (a) Element of Department of Intelligence.--The Central 
     Intelligence Agency is an element of the Department.
       (b) Head of Agency.--The Director of the Central 
     Intelligence Agency is the head of the Central Intelligence 
     Agency as provided for in the National Security Act of 1947 
     (50 U.S.C. 401 et seq.), the Central Intelligence Agency Act 
     of 1949 (50 U.S.C. 403a et seq.), and other applicable 
     provisions of law.
       (c) Supervision and Control.--(1) The Central Intelligence 
     Agency shall be under the supervision, direction, and control 
     of the Director of Intelligence.
       (2) The Director of the Central Intelligence Agency shall 
     report directly to the Director of Intelligence.

     SEC. 202. MISSION; POWER AND AUTHORITIES.

       (a) Mission.--The Central Intelligence Agency shall have 
     the mission provided for the Agency under the National 
     Security Act

[[Page S8878]]

     of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403a et seq.) and as otherwise 
     provided by law or directed by the President.
       (b) Power and Authorities.--Except as otherwise provided by 
     this Act, the Director of the Central Intelligence Agency 
     shall have such powers and authorities as are provided the 
     Director in the National Security Act of 1947 and Central 
     Intelligence Agency Act of 1949 and as are otherwise provided 
     by law or directed by the President or the Director.

                  Subtitle B--National Security Agency

     SEC. 211. NATIONAL SECURITY AGENCY.

       (a) Element of Department of Intelligence.--The National 
     Security Agency is an element of the Department.
       (b) Head of Agency.--The Director of the National Security 
     Agency is the head of the National Security Agency.
       (c) Supervision and Control.--(1) The National Security 
     Agency shall be under the supervision, direction, and control 
     of the Director of Intelligence.
       (2) The Director of the National Security Agency shall 
     report directly to the Director of Intelligence.

     SEC. 212. MISSION; POWER AND AUTHORITIES.

       (a) Mission.--The National Security Agency shall have the 
     mission provided for the Agency under the National Security 
     Agency Act of 1959 (50 U.S.C. 402 note) or as otherwise 
     provided by law or directed by the President.
       (b) Power and Authorities.--The Director of the National 
     Security Agency shall have such powers and authorities as are 
     provided the Director in the National Security Act of 1959 or 
     as are otherwise provided by law or directed by the 
     President.

          Subtitle C--National Geospatial-Intelligence Agency

     SEC. 221. NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

       (a) Element of Department of Intelligence.--The National 
     Geospatial-Intelligence Agency is an element of the 
     Department.
       (b) Head of Agency.--(1) The Director of the National 
     Geospatial-Intelligence Agency is the head of the National 
     Geospatial-Intelligence Agency.
       (2) If an officer of the Armed Forces on active duty is 
     appointed to the position of Director of the National 
     Geospatial-Intelligence Agency, the position shall be treated 
     as having been designated by the President as a position of 
     importance and responsibility for purposes of section 601 of 
     title 10, United States Code, and shall carry the grade of 
     lieutenant general, or, in the case of an officer of the 
     Navy, vice admiral.
       (c) Supervision and Control.--(1) The National Geospatial-
     Intelligence Agency shall be under the supervision, 
     direction, and control of the Director of Intelligence.
       (2) The Director of the National Geospatial-Intelligence 
     Agency shall report directly to the Director of Intelligence.

     SEC. 222. MISSION; POWER AND AUTHORITIES.

       (a) Mission.--The National Geospatial-Intelligence Agency 
     shall have the mission provided for the Agency under subtitle 
     B of title III or as otherwise provided by law or directed by 
     the President.
       (b) Power and Authorities.--The Director of the National 
     Geospatial-Intelligence Agency shall have such powers and 
     authorities as are provided the Agency under subtitle B of 
     title III or as otherwise provided by law or directed by the 
     President.
       (c) Availability and Continued Improvement of Imagery 
     Intelligence Support to All-Source Analysis and Production 
     Function.--The Director of Intelligence shall take all 
     necessary steps to ensure the full availability and continued 
     improvement of imagery intelligence support for all-source 
     analysis and production.

               Subtitle D--National Reconnaissance Office

     SEC. 231. NATIONAL RECONNAISSANCE OFFICE.

       (a) Element of Department of Intelligence.--The National 
     Reconnaissance Office is an element of the Department.
       (b) Head of Office.--The Director of the National 
     Reconnaissance Office is the head of the National 
     Reconnaissance Office.
       (c) Supervision and Control.--(1) The National 
     Reconnaissance Office shall be under the supervision, 
     direction, and control of the Director of Intelligence.
       (2) The Director of the National Reconnaissance Office 
     shall report directly to the Director of Intelligence.

     SEC. 232. MISSION; POWER AND AUTHORITIES.

       (a) Mission.--The National Reconnaissance Office shall have 
     the mission provided by law or as directed by the President.
       (b) Power and Authorities.--The National Reconnaissance 
     Office shall have such powers and authorities as are provided 
     by law or as directed by the President.

                       Subtitle E--Other Offices

     SEC. 241. INTELLIGENCE, COUNTERTERRORISM, AND 
                   COUNTERINTELLIGENCE OFFICES.

       (a) Elements of Department of Intelligence.--Each element 
     of the Federal Bureau of Investigation specified in 
     subsection (b) shall, after the date of the enactment of this 
     Act, be an element of the Department.
       (b) Specified Elements.--The elements of the Federal Bureau 
     of Investigation specified in this subsection are as follows:
       (1) The Office of Intelligence.
       (2) The Counterterrorism Division personnel under the 
     National Foreign Intelligence Program.
       (3) The Counterintelligence Division personnel under the 
     National Foreign Intelligence Program.
       (c) Supervision and Control.--(1) Each element of the 
     Department under subsection (a) shall be under the 
     supervision, direction, and control of the Director of 
     Intelligence.
       (2)(A) Each element of the Department under subsection (a) 
     shall remain at all times subject to applicable guidelines on 
     investigations of the Attorney General and the Department of 
     Justice in effect as of September 1, 2004, and any successor 
     guidelines to such guidelines, particularly the provisions of 
     such guidelines relating to investigations within the United 
     States and investigations of United States persons.
       (B) A copy of any guidelines covered by subparagraph (A) 
     shall be made available to congressional intelligence 
     committees and the public before their implementation or 
     utilization by the elements of the Department under 
     subsection (a). In making guidelines available to the public 
     under this subparagraph, the Director of Intelligence may 
     redact any portions of such guidelines that are classified 
     for reasons of national security.
       (3) The Attorney General shall review, and approve prior to 
     execution, the tasking of, or requests for, domestic 
     collection against United States persons, collection against 
     United States persons, domestic intelligence operations, and 
     assignment of operational responsibilities by the 
     Administrator of the National Counterterrorism Center.
       (d) Mission.--Each element of the Department under 
     subsection (a) shall have the mission provided for such 
     element by law or as directed by the President.
       (e) Power and Authorities.--Each element of the Department 
     under subsection (a) shall have such powers and authorities 
     as are provided such element by law or as directed by the 
     President.
       (f) Support.--(1) The Director of the Federal Bureau of 
     Investigation shall, in coordination with the Director of 
     Intelligence, ensure that each element of the Department 
     under subsection (a) is provided all administrative resources 
     necessary to perform its intelligence and intelligence-
     related functions.
       (2) The Attorney General shall ensure through the Director 
     of Intelligence that the domestic intelligence operations of 
     the elements of the Department under subsection (a), and any 
     intelligence operations of such elements directed against 
     United States persons, comply with the Constitution and all 
     laws, regulations, Executive orders, and implementing 
     guidelines of the United States applicable to such 
     operations.

     SEC. 242. OFFICE OF CIVIL LIBERTIES AND PRIVACY.

       (a) Office of Civil Liberties and Privacy.--There is within 
     the Department an Office of Civil Liberties and Privacy.
       (b) Head of Office.--The Assistant Director of Intelligence 
     for Civil Liberties and Privacy is the head of the Office of 
     Civil Liberties and Privacy.
       (c) Supervision.--The Assistant Director of Intelligence 
     for Civil Liberties and Privacy shall report directly to the 
     Director.
       (d) Duties Relating to Civil Liberties.--The Assistant 
     Director of Intelligence for Civil Liberties and Privacy 
     shall, with respect to matters of the Department relating to 
     civil liberties--
       (1) assist the Director in ensuring that the protection of 
     civil rights and civil liberties is appropriately 
     incorporated in the policies and procedures developed for and 
     implemented by the Department;
       (2) oversee compliance by the Department with requirements 
     under the Constitution and all laws, regulations, Executive 
     orders, and implementing guidelines relating to civil rights 
     and civil liberties;
       (3) review, investigate, and assess complaints and other 
     information indicating possible abuses of civil rights or 
     civil liberties in the administration of the programs and 
     operations of the Department unless, in the determination of 
     the Inspector General of the Department of Intelligence, the 
     review, investigation, or assessment of a particular 
     complaint or information can better be conducted by the 
     Inspector General;
       (4) issue guidance on civil liberties concerns with, or 
     civil liberties objections to, any policy or practice of the 
     Department; and
       (5) perform such other duties as may be prescribed by the 
     Director or specified by law.
       (e) Duties Relating to Privacy.--The Assistant Director of 
     Intelligence for Civil Liberties and Privacy shall, with 
     respect to matters of the Department relating to privacy--
       (1) assure that the use of technologies sustain, and do not 
     erode, privacy protections relating to the use, collection, 
     and disclosure of personal information;
       (2) assure that personal information contained in Privacy 
     Act systems of records is handled in full compliance with 
     fair information practices as set out in the Privacy Act of 
     1974;
       (3) conduct a privacy impact assessment of proposed rules 
     of the Department or that of the Department on the privacy of 
     personal information, including the type of personal 
     information collected and the number of people affected; and
       (4) conduct privacy impact assessments when appropriate or 
     as required by law.

[[Page S8879]]

                 TITLE III--OTHER INTELLIGENCE MATTERS

 Subtitle A--Modifications and Improvements of Intelligence Authorities

     SEC. 301. SENSE OF CONGRESS ON AVAILABILITY TO PUBLIC OF 
                   CERTAIN INTELLIGENCE FUNDING INFORMATION.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President should, for each fiscal year after fiscal year 
     2005, make available to the public the information described 
     in subsection (b) unless the President certifies that public 
     disclosure of such information would cause damage to the 
     national security of the United States.
       (b) Covered Information.--The information described in this 
     subsection is as follows:
       (1) The aggregate amount of appropriations requested in the 
     budget of the President for the fiscal year concerned for the 
     intelligence and intelligence-related activities of the 
     United States Government.
       (2) The aggregate amount of funds authorized to be 
     appropriated, and the aggregate amount of funds appropriated, 
     by Congress for the fiscal year concerned for the 
     intelligence and intelligence-related activities of the 
     United States Government.

     SEC. 302. COORDINATION BETWEEN DIRECTOR OF INTELLIGENCE AND 
                   SECRETARY OF DEFENSE IN PERFORMANCE OF SPECIFIC 
                   FUNCTIONS PERTAINING TO NATIONAL FOREIGN 
                   INTELLIGENCE PROGRAM.

       Section 105(b) of the National Security Act of 1947 (50 
     U.S.C. 403-5(b)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Consistent with sections 103 and 104, the Secretary of 
     Defense shall'' and inserting ``Consistent with sections 132 
     and 133 of the Intelligence Reformation Act of 2004, the 
     Secretary of Defense shall, in coordination with the Director 
     of Intelligence''; and
       (2) in paragraph (2)(D), by striking ``notwithstanding any 
     other provision of law,''.

     SEC. 303. ROLE OF DIRECTOR OF INTELLIGENCE IN CERTAIN 
                   RECOMMENDATIONS TO THE PRESIDENT ON 
                   APPOINTMENTS TO INTELLIGENCE COMMUNITY.

       The text of section 106 of the National Security Act of 
     1947 (50 U.S.C. 403-6) is amended to read as follows:
       ``(a) Recommendations of Director of Intelligence in 
     Certain Appointments.--(1) In the event of a vacancy in a 
     position referred to in paragraph (2), the Director of 
     Intelligence shall recommend to the President an individual 
     for appointment to the position.
       ``(2) Paragraph (1) applies to the following positions:
       ``(A) The Deputy Director of Intelligence.
       ``(B) The Director of the Central Intelligence Agency.
       ``(C) The Director of the National Security Agency.
       ``(D) The Director of the National Geospatial-Intelligence 
     Agency.
       ``(E) The Director of the National Reconnaissance Office.
       ``(F) The Administrator of the National Counterterrorism 
     Center.
       ``(b) Concurrence of Director of Intelligence in Certain 
     Appointments.--(1) In the event of a vacancy in a position 
     referred to in paragraph (2), the head of the department or 
     agency having jurisdiction over the position shall obtain the 
     concurrence of the Director of Intelligence before 
     recommending to the President an individual for appointment 
     to the position. If the Director does not concur in the 
     recommendation, the head of the department or agency having 
     jurisdiction over the position may make the recommendation to 
     the President without the Director's concurrence, but shall 
     include in the recommendation a statement that the Director 
     does not concur in the recommendation.
       ``(2) Paragraph (1) applies to the following positions:
       ``(A) The Under Secretary for Information Analysis and 
     Infrastructure Protection of the Department of Homeland 
     Security.
       ``(B) The Assistant Secretary of State for Intelligence and 
     Research.
       ``(C) The Director of the Defense Intelligence Agency.
       ``(D) The Assistant Secretary for Intelligence and Analysis 
     of the Department of the Treasury.
       ``(E) The Assistant Secretary for Terrorist Financing of 
     the Department of the Treasury.
       ``(F) The Director of the Office of Intelligence of the 
     Department of Energy.
       ``(G) The Director of the Office of Counterintelligence of 
     the Department of Energy.''.

     SEC. 304. COLLECTION TASKING AUTHORITY.

       Section 111 of the National Security Act of 1947 (50 U.S.C. 
     404f) is amended by striking ``(except as otherwise agreed by 
     the Director and the Secretary of Defense)''.

     SEC. 305. OVERSIGHT OF COMBAT SUPPORT AGENCIES OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Oversight.--(1) Chapter 8 of title 10, United States 
     Code, is amended by inserting after section 193 the following 
     new section:

     ``Sec. 193a. Combat support agencies of the intelligence 
       community: oversight

       ``(a) Combat Readiness.--(1) Every two years (or sooner, if 
     approved by the Director of Intelligence), the Chairman of 
     the Joint Chiefs of Staff shall, in consultation with the 
     Secretary of Defense, submit to the Director of Intelligence 
     a report on the combat support agencies of the intelligence 
     community. Each report shall include--
       ``(A) a determination with respect to the responsiveness 
     and readiness of each such agency to support operating forces 
     in the event of a war or threat to national security; and
       ``(B) any recommendations that the Chairman considers 
     appropriate.
       ``(2) In preparing each report, the Chairman shall review 
     the plans of each combat support agency of the intelligence 
     community with respect to its support of operating forces in 
     the event of a war or threat to national security. After 
     consultation with the Secretaries of the military departments 
     and the commanders of the unified and specified combatant 
     commands, as appropriate, the Chairman may, with the approval 
     of the Secretary of Defense, provide the Director of 
     Intelligence any recommendations for modifications of such 
     plans that the Chairman considers appropriate.
       ``(b) Participation in Joint Training Exercises.--The 
     Chairman shall, with the cooperation of the Director of 
     Intelligence--
       ``(1) provide for the participation of the combat support 
     agencies of the intelligence community in joint training 
     exercises to the extent necessary to ensure that such 
     agencies are capable of performing their support missions 
     with respect to a war or threat to national security; and
       ``(2) assess the performance in joint training exercises of 
     each combat support agency of the intelligence community and, 
     in accordance with guidelines established by the Secretary of 
     Defense, take steps to provide the Director of Intelligence 
     recommendations for any change that the Chairman considers 
     appropriate to improve that performance.
       ``(c) Readiness Reporting System.--The Chairman shall 
     develop, in consultation with the director of each combat 
     support agency of the intelligence community, a uniform 
     system for reporting to the Secretary of Defense, the 
     commanders of the unified and specified combatant commands, 
     and the Secretaries of the military departments concerning 
     the readiness of each combat support agency of the 
     intelligence community to perform with respect to a war or 
     threat to national security.
       ``(d) Review of NSA, NGA, and NRO.--(1) Subsections (a), 
     (b), and (c) shall apply to the National Security Agency, the 
     National Geospatial-Intelligence Agency, and the National 
     Reconnaissance Office, but only with respect to combat 
     support functions that such agencies perform for the 
     Department of Defense.
       ``(2) The Secretary of Defense shall, in coordination with 
     the Director of Intelligence, establish policies and 
     procedures with respect to the application of subsections 
     (a), (b), and (c) to the National Security Agency, the 
     National Geospatial-Intelligence Agency, and the National 
     Reconnaissance Office.
       ``(e) Combat Support Capabilities of DIA, NSA, NGA, and 
     NRO.--The Director of Intelligence shall develop and 
     implement such policies and programs as the Director 
     determines necessary to correct such deficiencies as the 
     Chairman of the Joint Chiefs of Staff and other officials of 
     the Department of Defense may identify in the capabilities of 
     the Defense Intelligence Agency, the National Security 
     Agency, the National Geospatial-Intelligence Agency, and the 
     National Reconnaissance Office to accomplish assigned 
     missions in support of military combat operations.
       ``(f) Combat Support Agency of the Intelligence Community 
     Defined.--In this section, the term `combat support agency of 
     the intelligence community' means any of the following 
     agencies:
       ``(1) The National Security Agency.
       ``(2) The Defense Intelligence Agency.
       ``(3) The National Geospatial-Intelligence Agency.
       ``(4) The National Reconnaissance Office.''.
       (2) The table of sections at the beginning of subchapter I 
     of chapter 8 of such title is amended by inserting after the 
     item relating to section 193 the following new item:

``193a. Combat support agencies of the intelligence community: 
              oversight.''.

       (b) Conforming Amendment.--Section 193(f) of such title is 
     amended--
       (1) by striking paragraphs (2) and (4); and
       (2) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively.

     SEC. 306. 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 the Federal 
     Bureau of Investigation, under the current Director of 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) National Security Workforce.--(1) The Director of the 
     Federal Bureau of Investigation shall continue efforts to 
     develop and maintain within the Federal Bureau of 
     Investigation a national security workforce.
       (2) In a developing and maintaining a national security 
     workforce under paragraph (1), the Director of the Federal 
     Bureau of Investigation shall, subject to the direction and 
     control of the President, develop and maintain a specialized 
     and integrated national security workforce who are recruited,

[[Page S8880]]

     trained, rewarded in a manner which ensures the existence 
     within the Bureau of an institutional culture with 
     substantial expertise in, and commitment to, the intelligence 
     and national security missions of the Bureau.
       (3) 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 security matters.
       (4) 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 security matters.
       (5) The Director of the Federal Bureau of Investigation 
     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 and national 
     security missions of the Bureau.
       (6) Commencing as soon as practicable after the date of the 
     enactment of this Act, each senior manager of the Bureau 
     shall be a certified intelligence officer.
       (7) It is the sense of Congress that the successful 
     discharge of advanced training courses, and of one or more 
     assignments to another element of the intelligence community, 
     should be a precondition to advancement to higher level 
     national security assignments within the Bureau.
       (c) Field Office Matters.--(1) The Director of the Federal 
     Bureau of Investigation shall ensure that each field office 
     of the Federal Bureau of Investigation has an official at the 
     deputy level or higher with responsibility for national 
     security matters.
       (2) The Director of the Federal Bureau of Investigation 
     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 and 
     national security missions of the Bureau.
       (d) 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 of the Federal Bureau of Investigation 
     shall include in each semiannual program review of the Bureau 
     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 six months thereafter, the Director of 
     the Federal Bureau of Investigation shall submit to Congress 
     a report on the progress of the Bureau in implementing 
     information-sharing principles.

     Subtitle B--Restatement of Authorities on National Geospatial-
                          Intelligence Agency

                            PART I--MISSIONS

     SEC. 311. MISSIONS.

       (a) National Security Missions.--(1) The National 
     Geospatial-Intelligence Agency shall, in support of the 
     national security objectives of the United States, provide 
     geospatial intelligence consisting of the following:
       (A) Imagery.
       (B) Imagery intelligence.
       (C) Geospatial information.
       (2) Geospatial intelligence provided in carrying out 
     paragraph (1) shall be timely, relevant, and accurate.
       (b) Navigation Information.--The National Geospatial-
     Intelligence Agency shall improve means of navigating vessels 
     of the Navy and the merchant marine by providing, under the 
     authority of the Director of Intelligence, accurate and 
     inexpensive nautical charts, sailing directions, books on 
     navigation, and manuals of instructions for the use of all 
     vessels of the United States and of navigators generally.
       (c) Maps, Charts, Etc.--The National Geospatial-
     Intelligence Agency shall prepare and distribute maps, 
     charts, books, and geodetic products as authorized under part 
     II of this subtitle.
       (d) National Missions.--The National Geospatial-
     Intelligence Agency also has national missions as specified 
     in section 110(a) of the National Security Act of 1947 (50 
     U.S.C. 404e(a)).
       (e) Systems.--The National Geospatial-Intelligence Agency 
     may, in furtherance of a mission of the Agency, design, 
     develop, deploy, operate, and maintain systems related to the 
     processing and dissemination of imagery intelligence and 
     geospatial information that may be transferred to, accepted 
     or used by, or used on behalf of--
       (1) the Armed Forces, including any combatant command, 
     component of a combatant command, joint task force, or 
     tactical unit; or
       (2) any other department or agency of the United States.

     SEC. 312. SUPPORT FOR FOREIGN COUNTRIES ON IMAGERY 
                   INTELLIGENCE AND GEOSPATIAL INFORMATION.

       (a) Use of Appropriated Funds.--The Director of the 
     National Geospatial-Intelligence Agency may use appropriated 
     funds available to the National Geospatial-Intelligence 
     Agency to provide foreign countries with imagery intelligence 
     and geospatial information support.
       (b) Use of Funds Other Than Appropriated Funds.--The 
     Director of the National Geospatial-Intelligence Agency may 
     use funds other than appropriated funds to provide foreign 
     countries with imagery intelligence and geospatial 
     information support, notwithstanding provisions of law 
     relating to the expenditure of funds of the United States, 
     except that--
       (1) no such funds may be expended, in whole or in part, by 
     or for the benefit of the National Geospatial-Intelligence 
     Agency for a purpose for which Congress had previously denied 
     funds;
       (2) proceeds from the sale of imagery intelligence or 
     geospatial information items may be used only to purchase 
     replacement items similar to the items that are sold; and
       (3) the authority provided by this subsection may not be 
     used to acquire items or services for the principal benefit 
     of the United States.
       (c) Accommodation Procurements.--The authority under this 
     section may be exercised to conduct accommodation 
     procurements on behalf of foreign countries.

              PART II--MAPS, CHARTS, AND GEODETIC PRODUCTS

     SEC. 321. MAPS, CHARTS, AND BOOKS.

       The Director of Intelligence may--
       (1) have the National Geospatial-Intelligence Agency 
     prepare maps, charts, and nautical books required in 
     navigation and have those materials published and furnished 
     to navigators; and
       (2) buy the plates and copyrights of existing maps, charts, 
     books on navigation, and sailing directions and instructions.

     SEC. 322. PILOT CHARTS.

       (a) Notice on Preparation by Agency.--There shall be 
     conspicuously printed on pilot charts prepared in the 
     National Geospatial-Intelligence Agency the following: 
     ``Prepared from data furnished by the National Geospatial-
     Intelligence Agency of the Department of Intelligence and by 
     the Department of Commerce, and published at the National 
     Geospatial-Intelligence Agency under the authority of the 
     Director of Intelligence''.
       (b) Information from Department of Commerce.--The Secretary 
     of Commerce shall furnish to the National Geospatial-
     Intelligence Agency, as quickly as possible, all 
     meteorological information received by the Secretary of 
     Commerce that is necessary for, and of the character used in, 
     preparing pilot charts.

     SEC. 323. SALE OF MAPS, CHARTS, AND NAVIGATIONAL 
                   PUBLICATIONS.

       (a) Prices.--All maps, charts, and other publications 
     offered for sale by the National Geospatial-Intelligence 
     Agency shall be sold at prices and under regulations that may 
     be prescribed by the Director Intelligence.
       (b) Use of Proceeds To Pay Foreign Licensing Fees.--(1) The 
     Director of Intelligence may pay any NGA foreign data 
     acquisition fee out of the proceeds of the sale of maps, 
     charts, and other publications of the Agency, and those 
     proceeds are hereby made available for that purpose.
       (2) In this subsection, the term ``NGA foreign data 
     acquisition fee'' means any licensing or other fee imposed by 
     a foreign country or international organization for the 
     acquisition or use of data or products by the National 
     Geospatial-Intelligence Agency.

     SEC. 324. EXCHANGE OF MAPPING, CHARTING, AND GEODETIC DATA 
                   WITH FOREIGN COUNTRIES AND INTERNATIONAL 
                   ORGANIZATIONS.

       The Director of Intelligence may authorize the National 
     Geospatial-Intelligence Agency to exchange or furnish 
     mapping, charting, and geodetic data, supplies and services 
     to a foreign country or international organization pursuant 
     to an agreement for the production or exchange of such data.

     SEC. 325. PUBLIC AVAILABILITY OF MAPS, CHARTS, AND GEODETIC 
                   DATA.

       (a) Sale of Maps and Charts.--The National Geospatial-
     Intelligence Agency shall offer for sale maps and charts at 
     scales of 1:500,000 and smaller, except those withheld in 
     accordance with subsection (b) or those specifically 
     authorized under criteria established by Executive order to 
     be kept secret in the interest of national defense or foreign 
     policy and in fact properly classified pursuant to such 
     Executive order.
       (b) Exception.--(1) Notwithstanding any other provision of 
     law, the Director of Intelligence may withhold from public 
     disclosure any geodetic product in the possession of, or 
     under the control of, the Department of Intelligence--
       (A) that was obtained or produced, or that contains 
     information that was provided, pursuant to an international 
     agreement that restricts disclosure of such product or 
     information to government officials of the agreeing parties 
     or that restricts use of such product or information to 
     Government purposes only;
       (B) that contains information that the Director of 
     Intelligence has determined in writing would, if disclosed, 
     reveal sources and methods, or capabilities, used to obtain 
     source material for production of the geodetic product; or
       (C) that contains information that the Director of the 
     National Geospatial-Intelligence Agency has determined in 
     writing would, if disclosed, jeopardize or interfere with 
     ongoing military or intelligence operations, reveal military 
     operational or contingency plans, or reveal, jeopardize, or 
     compromise military or intelligence capabilities.
       (2) In this subsection, the term ``geodetic product'' means 
     imagery, imagery intelligence, or geospatial information.

[[Page S8881]]

       (c) Regulations.--(1) Regulations to implement this section 
     (including any amendments to such regulations) shall be 
     published in the Federal Register for public comment for a 
     period of not less than 30 days before they take effect.
       (2) Regulations under this section shall address the 
     conditions under which release of geodetic products 
     authorized under subsection (b) to be withheld from public 
     disclosure would be appropriate--
       (A) in the case of allies of the United States; and
       (B) in the case of qualified United States contractors 
     (including contractors that are small business concerns) who 
     need such products for use in the performance of contracts 
     with the United States.

     SEC. 326. CIVIL ACTIONS BARRED.

       (a) Claims Barred.--No civil action may be brought against 
     the United States on the basis of the content of a 
     navigational aid prepared or disseminated by the National 
     Geospatial-Intelligence Agency.
       (b) Navigational Aids Covered.--Subsection (a) applies with 
     respect to a navigational aid in the form of a map, a chart, 
     or a publication and any other form or medium of product or 
     information in which the National Geospatial-Intelligence 
     Agency prepares or disseminates navigational aids.

     SEC. 327. TREATMENT OF CERTAIN OPERATIONAL FILES.

       (a) Authority.--The Director of Intelligence may withhold 
     from public disclosure operational files described in 
     subsection (b) to the same extent that operational files may 
     be withheld under section 701 of the National Security Act of 
     1947 (50 U.S.C. 431).
       (b) Covered Operational Files.--The authority under 
     subsection (a) applies to operational files in the possession 
     of the National Geospatial-Intelligence Agency that--
       (1) as of September 22, 1996, were maintained by the 
     National Photographic Interpretation Center; or
       (2) concern the activities of the Agency that, as of such 
     date, were performed by the National Photographic 
     Interpretation Center.
       (c) Operational Files Defined.--In this section, the term 
     ``operational files'' has the meaning given that term in 
     section 701(b) of the National Security Act of 1947 (50 
     U.S.C. 431(b)).

                     PART III--PERSONNEL MANAGEMENT

     SEC. 331. MANAGEMENT RIGHTS.

       (a) Scope.--If there is no obligation under the provisions 
     of chapter 71 of title 5, United States Code, for the head of 
     an agency of the United States to consult or negotiate with a 
     labor organization on a particular matter by reason of that 
     matter being covered by a provision of law or a 
     Governmentwide regulation, the Director of the National 
     Geospatial-Intelligence Agency is not obligated to consult or 
     negotiate with a labor organization on that matter even if 
     that provision of law or regulation is inapplicable to the 
     National Geospatial-Intelligence Agency.
       (b) Bargaining Units.--The Director of the National 
     Geospatial-Intelligence Agency shall accord exclusive 
     recognition to a labor organization under section 7111 of 
     title 5, United States Code, only for a bargaining unit that 
     was recognized as appropriate for the Defense Mapping Agency 
     on September 30, 1996.
       (c) Termination of Bargaining Unit Coverage of Position 
     Modified To Affect National Security Directly.--(1) If the 
     Director of the National Geospatial-Intelligence Agency 
     determines that the responsibilities of a position within a 
     collective bargaining unit should be modified to include 
     intelligence, counterintelligence, investigative, or security 
     duties not previously assigned to that position and that the 
     performance of the newly assigned duties directly affects the 
     national security of the United States, then, upon such a 
     modification of the responsibilities of that position, the 
     position shall cease to be covered by the collective 
     bargaining unit and the employee in that position shall cease 
     to be entitled to representation by a labor organization 
     accorded exclusive recognition for that collective bargaining 
     unit.
       (2) A determination described in paragraph (1) that is made 
     by the Director of the National Geospatial-Intelligence 
     Agency may not be reviewed by the Federal Labor Relations 
     Authority or any court of the United States.

     SEC. 332. FINANCIAL ASSISTANCE TO CERTAIN EMPLOYEES IN 
                   ACQUISITION OF CRITICAL SKILLS.

       The Director of Intelligence may establish an undergraduate 
     training program with respect to civilian employees of the 
     National Geospatial-Intelligence Agency that is similar in 
     purpose, conditions, content, and administration to the 
     program established by the Secretary of Defense under section 
     16 of the National Security Agency Act of 1959 (50 U.S.C. 402 
     note) for civilian employees of the National Security Agency.

                          PART IV--DEFINITIONS

     SEC. 341. DEFINITIONS.

       In this subtitle:
       (1) Imagery.--(A) The term ``imagery'' means, except as 
     provided in subparagraph (B), a likeness or presentation of 
     any natural or manmade feature or related object or activity 
     and the positional data acquired at the same time the 
     likeness or representation was acquired, including--
       (i) products produced by space-based national intelligence 
     reconnaissance systems; and
       (ii) likenesses or presentations produced by satellites, 
     airborne platforms, unmanned aerial vehicles, or other 
     similar means.
       (B) Such term does not include handheld or clandestine 
     photography taken by or on behalf of human intelligence 
     collection organizations.
       (2) Imagery intelligence.--The term ``imagery 
     intelligence'' means the technical, geographic, and 
     intelligence information derived through the interpretation 
     or analysis of imagery and collateral materials.
       (3) Geospatial information.--The term ``geospatial 
     information'' means information that identifies the 
     geographic location and characteristics of natural or 
     constructed features and boundaries on the earth and 
     includes--
       (A) statistical data and information derived from, among 
     other things, remote sensing, mapping, and surveying 
     technologies; and
       (B) mapping, charting, geodetic data, and related products.
       (4) Geospatial intelligence.--The term ``geospatial 
     intelligence'' means the exploitation and analysis of imagery 
     and geospatial information to describe, assess, and visually 
     depict physical features and geographically referenced 
     activities on the earth. Geospatial intelligence consists of 
     imagery, imagery intelligence, and geospatial information.

                      TITLE IV--TRANSITION MATTERS

  Subtitle A--Modification of Authorities on Elements of Intelligence 
                               Community

     SEC. 401. CONFORMING MODIFICATION OF AUTHORITIES ON CENTRAL 
                   INTELLIGENCE AGENCY.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by striking sections 
     102 through 104 and inserting the following new sections:


                     ``central intelligence agency

       ``Sec. 102. (a) In General.--There is a Central 
     Intelligence Agency.
       ``(b) Function.--The function of the Agency shall be to 
     assist the Director of the Central Intelligence Agency in 
     carrying out the responsibilities of the Director under 
     section 103.


             ``director of the central intelligence agency

       ``Sec. 103. (a) Director of Central Intelligence Agency.--
     There is a Director of the Central Intelligence Agency who 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       ``(b) Head of Central Intelligence Agency.--The Director of 
     the Central Intelligence Agency shall be the head of the 
     Central Intelligence Agency.
       ``(c) Prohibition on Simultaneous Service as Director of 
     Intelligence.--The individual serving in the position of 
     Director of the Central Intelligence Agency shall not, while 
     so serving, also serve as the Director of Intelligence.
       ``(d) General Responsibilities.--As head of the Central 
     Intelligence Agency, the Director of the Central Intelligence 
     Agency shall--
       ``(1) provide capabilities for the collection of 
     intelligence through human sources and by other appropriate 
     means and provide for the analysis of such intelligence, 
     except that the Agency shall have no police, subpoena, or law 
     enforcement powers or internal security functions;
       ``(2) correlate, evaluate, and analyze intelligence related 
     to the national security and provide appropriate 
     dissemination of such intelligence;
       ``(3) perform such additional services as are of common 
     concern to the elements of the intelligence community, which 
     services the Director of Intelligence determines can be more 
     efficiently accomplished by the Agency;
       ``(4) notwithstanding any other provision of law, report 
     directly to the Director of Intelligence concerning all 
     functions and duties of the Agency; and
       ``(5) perform such other functions and duties concerning 
     intelligence related to the national security as the Director 
     of Intelligence shall prescribe.''.
       (b) Clerical Amendment.--The table of contents for such Act 
     is amended by striking the items relating to sections 102 
     through 104 and inserting the following new items:

``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.''.

     SEC. 402. OTHER CONFORMING MODIFICATIONS OF LAW RELATING TO 
                   MISSIONS, RESPONSIBILITIES, AND AUTHORITIES OF 
                   DIRECTOR OF INTELLIGENCE AND DIRECTOR OF 
                   CENTRAL INTELLIGENCE AGENCY.

       (a) National Security Act of 1947.--(1) The National 
     Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by 
     striking ``Director of Central Intelligence'' and inserting 
     ``Director of Intelligence'' each place it appears in the 
     following provisions:
       (A) Section 3(4)(J) (50 U.S.C. 401a(4)(J)).
       (B) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
       (C) Section 3(6) (50 U.S.C. 401a(6)).
       (D) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
       (E) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
       (F) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
       (G) Section 101(j) (50 U.S.C. 402(j)), both places it 
     appears.
       (H) Section 105(a) (50 U.S.C. 403-5(a)).
       (I) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
       (J) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).

[[Page S8882]]

       (K) Section 105(d) (50 U.S.C. 403-5(d)).
       (L) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
       (M) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
       (N) Section 105B(b) (50 U.S.C. 403-5b(b)), both places it 
     appears.
       (O) Section 110(b) (50 U.S.C. 404e(b)).
       (P) Section 110(c) (50 U.S.C. 404e(c)).
       (Q) Section 111 (50 U.S.C. 404f).
       (R) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
       (S) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
       (T) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
       (U) Section 113(c) (50 U.S.C. 404h(c)).
       (V) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
       (W) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
       (X) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
       (Y) Section 115(b) (50 U.S.C. 404j(b)).
       (Z) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
       (AA) Section 116(a) (50 U.S.C. 404k(a)).
       (BB) Section 116(b) (50 U.S.C. 404k(b)).
       (CC) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
       (DD) Section 303(a) (50 U.S.C. 405(a)), both places it 
     appears.
       (EE) Section 501(d) (50 U.S.C. 413(d)).
       (FF) Section 502(a) (50 U.S.C. 413a(a)).
       (GG) Section 502(c) (50 U.S.C. 413a(c)).
       (HH) Section 503(b) (50 U.S.C. 413b(b)).
       (II) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
       (JJ) Section 603(a) (50 U.S.C. 423(a)).
       (KK) Section 702(a)(6)(B)(viii) (50 U.S.C. 
     432(a)(6)(B)(viii)).
       (LL) Section 702(b) (50 U.S.C. 432(b)), both places it 
     appears.
       (2) That Act is amended further amended by striking 
     ``Director of Central Intelligence'' and inserting ``Director 
     of the Central Intelligence Agency'' each place it appears in 
     the following provisions:
       (A) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
       (B) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
       (C) Section 701(a) (50 U.S.C. 431(a)).
       (D) Section 702(a) (50 U.S.C. 432(a)).
       (3) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is 
     amended by striking ``or the Office of the Director of 
     Central Intelligence'' and inserting ``the Office of the 
     Director of Intelligence, or the Office of the Director of 
     the Central Intelligence Agency''.
       (4)(A) The heading for section 114 of that Act (50 U.S.C. 
     404i) is amended to read as follows:


    ``additional annual reports from the director of intelligence''.

       (B) The table of contents for that Act is further amended 
     by striking the item relating to section 114 and inserting 
     the following new item:

``Sec. 114. Additional annual reports from the Director of 
              Intelligence.''.

       (b) Central Intelligence Agency Act of 1949.--(1) Section 1 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403a) is amended--
       (A) by redesignating paragraphs (a) and (c) as paragraphs 
     (1) and (3), respectively; and
       (B) by striking paragraph (b) and inserting the following 
     new paragraph (2):
       ``(2) `Director' means the Director of the Central 
     Intelligence Agency; and''.
       (2) Section 6 of that Act (50 U.S.C. 403g) is amended--
       (A) by striking ``Director of Central Intelligence'' and 
     inserting ``Director of Intelligence''; and
       (B) by striking ``section 103(c)(6) of the National 
     Security Act of 1947 (50 U.S.C. 403-3(c)(6))'' and inserting 
     ``section 103(b)(7) of the National Security Act of 1947''.
       (3) Section 17(f) of that Act (50 U.S.C. 403q(f)) is 
     amended--
       (A) by striking ``Director of Central Intelligence'' the 
     first place it appears and inserting ``Director of 
     Intelligence''; and
       (B) by striking ``Director of Central Intelligence'' the 
     second place it appears and inserting ``Director of 
     Intelligence''.
       (4) That Act is further amended by striking ``Director of 
     Central Intelligence'' each place it appears in the following 
     provisions and inserting ``Director of the Central 
     Intelligence Agency'':
       (A) Section 14(b) (50 U.S.C. 403n(b)).
       (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
       (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 
     appears.
       (D) Section 21(h)(1) (50 U.S.C. 403u(h)(1)).
       (E) Section 21(h)(2) (50 U.S.C. 403u(h)(2)).
       (5) That Act is further amended by striking ``of Central 
     Intelligence'' in each of the following provisions:
       (A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
       (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
       (C) Section 20(c) (50 U.S.C. 403t(c)).
       (c) Central Intelligence Agency Retirement Act.--(1) 
     Section 101 of the Central Intelligence Agency Retirement Act 
     (50 U.S.C. 2001) is amended by striking paragraph (2) and 
     inserting the following new paragraph (2):
       ``(2) Director.--The term `Director' means the Director of 
     the Central Intelligence Agency.''.
       (2) Section 201(c) of that Act (50 U.S.C. 2011) is amended 
     by striking ``paragraph (6) of section 103(c) of the National 
     Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director 
     of Central Intelligence'' and inserting ``section 103(b)(7) 
     of the National Security Act of 1947 that the Director of 
     Intelligence''.
       (d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of 
     section 2 of the Central Intelligence Agency Voluntary 
     Separation Pay Act (50 U.S.C. 2001 note) is amended to read 
     as follows:
       ``(1) the term `Director' means the Director of the Central 
     Intelligence Agency;''.
       (e) Foreign Intelligence Surveillance Act of 1978.--(1) The 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.) is amended by striking ``Director of Central 
     Intelligence'' each place it appears and inserting ``Director 
     of Intelligence''.
       (f) Classified Information Procedures Act.--Section 9(a) of 
     the Classified Information Procedures Act (5 U.S.C. App.) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``Director of Intelligence''.

     SEC. 403. CONFORMING MODIFICATION OF AUTHORITIES ON CERTAIN 
                   CENTRAL INTELLIGENCE AGENCY OFFICERS.

       (a) Inspector General Act of 1978.--Section 8H(a)(1)(C) of 
     the Inspector General Act of 1978 (5 U.S.C. App. 8H(a)(1)(C)) 
     is amended by inserting before the period at the end the 
     following: ``or to the Inspector General of the Department of 
     Intelligence''.
       (b) Other Officers.--(1) Section 528 of title 10, United 
     States Code, is amended--
       (A) in subsection (a), by striking ``Associate Director of 
     Central Intelligence for Military Support'' and inserting 
     ``Assistant Deputy Administrator of the National 
     Counterterrorism Center for Operations''; and
       (B) in the heading, by striking ``ASSOCIATE DIRECTOR OF 
     CENTRAL INTELLIGENCE FOR MILITARY SUPPORT'' and inserting 
     ``ASSISTANT DEPUTY ADMINISTRATOR OF THE NATIONAL 
     COUNTERTERRORISM CENTER FOR OPERATIONS''.
       (2) The item relating to section 528 in the table of 
     sections at the beginning of chapter 32 of such title is 
     amended by striking ``Associate Director of Central 
     Intelligence for Military Support'' and inserting ``Assistant 
     Deputy Administration of the National Counterterrorism Center 
     for for Operations''.

     SEC. 404. CONFORMING MODIFICATION OF AUTHORITIES ON NATIONAL 
                   SECURITY AGENCY.

       The National Security Agency Act of 1959 (50 U.S.C. 402 
     note) is amended--
       (1) by inserting before section 5 the following new 
     sections:
       ``Sec. 2. (a) The National Security Agency is an element of 
     the Department of Intelligence.
       ``(b) The National Security Agency is an element of the 
     intelligence community under the National Security Act of 
     1947 (50 U.S.C. 401 et seq.).
       ``Sec. 3. (a) The Director of the National Security Agency 
     is the head of the National Security Agency.
       ``(b) The Director of the National Security Agency is 
     subject to the direction and control of the Director of 
     Intelligence.
       ``(c) The Director of the National Security Agency shall 
     report directly to the Director of Intelligence on matters 
     relating to the National Security Agency.'';
       (2) by striking ``Secretary of Defense'' each place it 
     appears (other than the second place it appears in section 
     9(b), section 9(d), and section 10(c)(1)) and inserting 
     ``Director of Intelligence''; and
       (3) in section 9(d), by striking ``Secretary of Defense 
     shall'' and inserting ``Director of Intelligence and the 
     Secretary of Defense shall jointly''.

     SEC. 405. INCLUSION OF DEPARTMENT OF INTELLIGENCE IN 
                   INTELLIGENCE COMMUNITY.

       Subparagraph (A) of section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 401a(4)) is amended to read as 
     follows:
       ``(A) the Department of Intelligence, which shall include 
     the Office of the Director of Intelligence, the National 
     Intelligence Council, and such other offices as the Director 
     of Intelligence may designate;''.

     SEC. 406. REPEAL OF SUPERSEDED AUTHORITIES ON NATIONAL 
                   GEOSPATIAL-INTELLIGENCE AGENCY.

       (a) Repeal.--Chapter 22 of title 10, United States Code, is 
     repealed.
       (b) Conforming Amendments.--The table of chapters at the 
     beginning of subtitle A, and part I of subtitle A, of such 
     title are each amended by striking the item relating to 
     chapter 22.

     SEC. 407. OTHER CONFORMING AMENDMENT.

       Section 110(a) of the National Security Act of 1947 is 
     amended by striking ``section 442 of title 10, United States 
     Code,'' and inserting ``section 232 of the Intelligence 
     Reformation Act of 2004''.

     Subtitle B--Other Transition Matters Relating to Intelligence

     SEC. 411. PRESERVATION OF INTELLIGENCE CAPABILITIES.

       The Director of Intelligence, the Director of the Central 
     Intelligence Agency, the Attorney General, the Secretary of 
     Defense, and the heads of other appropriate departments and 
     agencies of the United States Government shall jointly take 
     such actions as are appropriate to preserve the intelligence 
     capabilities of the United States during the transfer of 
     agencies, offices, and functions to the Department under this 
     Act.

     SEC. 412. GENERAL REFERENCES TO INTELLIGENCE OFFICIALS.

       (a) Director of Central Intelligence as Head of 
     Intelligence Community.--Any reference to the Director of 
     Central Intelligence 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 Intelligence.
       (b) Director of Central Intelligence as Head of Central 
     Intelligence Agency.--Any reference to the Director of 
     Central Intelligence 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.

[[Page S8883]]

       (c) Deputy Director of Central Intelligence as Deputy to 
     Head of Intelligence Community.--Any reference to the Deputy 
     Director of Central Intelligence in the Deputy Director's 
     capacity as deputy to 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 
     Deputy Director of Intelligence.

                    Subtitle C--Transfer of Elements

     SEC. 421. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

       (a) Transfer.--The Director of the Central Intelligence 
     Agency shall transfer to the Director of Intelligence 
     administrative jurisdiction and control of the Terrorist 
     Threat Integration Center (TTIC).
       (b) Administration.--The Director of Intelligence shall 
     administer the Terrorist Threat Integration Center as a 
     component of the National Counterterrorism Center under 
     section 113.

     SEC. 422. TRANSFER OF COMMUNITY MANAGEMENT STAFF.

       (a) Transfer.--The Director of the Central Intelligence 
     Agency shall transfer to the Director of Intelligence 
     administrative jurisdiction and control of the Community 
     Management Staff.
       (b) Administration.--The Director of Intelligence shall 
     administer the Community Management Staff as a component of 
     the Office of the Director of Intelligence under section 111.

     SEC. 423. TRANSFER OF CERTAIN ELEMENTS OF FEDERAL BUREAU OF 
                   INVESTIGATION.

       (a) Transfer.--The Director of the Federal Bureau of 
     Investigation shall transfer to the Director Intelligence 
     administrative jurisdiction and control of the elements of 
     the Federal Bureau of Investigation as follows:
       (1) The Office of Intelligence.
       (2) The Counterterrorism Division personnel under the 
     National Foreign Intelligence Program.
       (3) The Counterintelligence Division personnel under the 
     National Foreign Intelligence Program.
       (b) Administration.--The Director of Intelligence shall 
     administer each element transferred to the Director under 
     subsection (a) as an element of the Department under subtitle 
     E of title II.

                   Subtitle D--Transfer of Functions

     SEC. 431. TRANSFER OF FUNCTIONS.

       In accordance with the provisions of this subtitle, there 
     shall be transferred to the Director of Intelligence the 
     functions, personnel, assets, and liabilities of each of the 
     following:
       (1) The Central Intelligence Agency.
       (2) The National Security Agency.
       (3) The National Geospatial-Intelligence Agency.
       (4) The National Reconnaissance Office.
       (5) The Office of Intelligence.
       (6) The elements of the Counterterrorism Division of the 
     Federal Bureau of Investigation specified in section 241(b).
       (7) The elements of the Counterintelligence Division of the 
     Federal Bureau of Investigation specified in section 241(b).
       (8) The Terrorist Threat Integration Center.
       (9) The Community Management Staff.

     SEC. 432. TRANSITIONAL AUTHORITIES.

       (a) Provision of Assistance by Officials.--Until the 
     transfer of an agency or office to the Department under this 
     Act, any official having authority over or functions relating 
     to the agency or office immediately before the date of the 
     enactment of this Act shall provide to the Director such 
     assistance, including the use of personnel and assets, as the 
     Director may request in preparing for the transfer and 
     integration of the agency or office into the Department.
       (b) Services and Personnel.--Upon the request of the 
     Director, the head of any department or agency of the United 
     States may, on a reimbursable basis, provide services or 
     detail personnel to assist with the transition of an agency 
     or office to the Department under this Act.
       (c) Transfer of Personnel, Assets, Obligations, and 
     Functions.--Upon the transfer of an agency or office to the 
     Department under this Act--
       (1) the personnel, assets, and obligations held by or 
     available in connection with the agency or office shall be 
     transferred to the Director of Intelligence for appropriate 
     allocation, subject to the approval of the Director of the 
     Office of Management and Budget and in accordance with the 
     provisions of section 1531(a)(2) of title 31, United States 
     Code; and
       (2) the Director of Intelligence shall have all functions 
     relating to the agency or office that any other official 
     could by law exercise in relation to the agency immediately 
     before such transfer, and shall have in addition all 
     functions vested in the Director by this Act or other law.

     SEC. 433. SAVINGS PROVISIONS.

       (a) Completed Administrative Actions.--(1) Completed 
     administrative actions of an agency or office shall not be 
     affected by the enactment of this Act or the transfer of such 
     agency or office to the Department, but shall continue in 
     effect according to their terms until amended, modified, 
     superseded, terminated, set aside, or revoked in accordance 
     with law by an officer of the United States or a court of 
     competent jurisdiction, or by operation of law.
       (2) For purposes of paragraph (1), the term ``completed 
     administrative action'' includes orders, determinations, 
     rules, regulations, personnel actions, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, and 
     privileges.
       (b) Pending Proceedings.--Subject to the authority of the 
     Director--
       (1) pending proceedings in an agency or office, including 
     notices of proposed rulemaking, and applications for 
     licenses, permits, certificates, grants, and financial 
     assistance, shall continue notwithstanding the enactment of 
     this Act or the transfer of the agency or office to the 
     Department, unless discontinued or modified under the same 
     terms and conditions and to the same extent that such 
     discontinuance could have occurred if such enactment or 
     transfer had not occurred; and
       (2) orders issued in such proceedings, and appeals 
     therefrom, and payments made pursuant to such orders, shall 
     issue in the same manner and on the same terms as if this Act 
     had not been enacted or the agency or office had not been 
     transferred, and any such orders shall continue in effect 
     until amended, modified, superseded, terminated, set aside, 
     or revoked by an officer of the United States or a court of 
     competent jurisdiction, or by operation of law.
       (c) Pending Civil Actions.--Subject to the authority of the 
     Director, pending civil actions shall continue 
     notwithstanding the enactment of this Act or the transfer of 
     an agency or office to the Department, and in such civil 
     actions, proceedings shall be had, appeals taken, and 
     judgments rendered and enforced in the same manner and with 
     the same effect as if such enactment or transfer had not 
     occurred.
       (d) References.--References relating to an agency or office 
     that is transferred to the Department in statutes, Executive 
     orders, rules, regulations, directives, or delegations of 
     authority that precede such transfer or the date of the 
     enactment of this Act shall be deemed to refer, as 
     appropriate, to the Department, to its officers, employees, 
     or agents, or to its corresponding organizational units or 
     functions. Statutory reporting requirements that applied in 
     relation to such an agency or office immediately before the 
     date of the enactment of this Act shall continue to apply 
     following such transfer if they refer to the agency or office 
     by name.
       (e) Employment Provisions.--(1) Notwithstanding the 
     generality of the foregoing (including subsections (a) and 
     (d)), in and for the Department the Director of Intelligence 
     may, in regulations prescribed jointly with the Director of 
     the Office of Personnel Management, adopt the rules, 
     procedures, terms, and conditions, established by statute, 
     rule, or regulation before the date of the enactment of this 
     Act, relating to employment in any agency or office 
     transferred to the Department pursuant to this Act; and
       (2) except as otherwise provided in this Act, or under 
     authority granted by this Act, the transfer pursuant to this 
     Act of personnel shall not alter the terms and conditions of 
     employment, including compensation, of any employee so 
     transferred.
       (f) Statutory Reporting Requirements.--Any statutory 
     reporting requirement that applied to an agency or office 
     transferred to the Department under this Act, immediately 
     before the date of the enactment of this Act shall continue 
     to apply following that transfer if the statutory requirement 
     refers to the agency or office by name.

                       Subtitle E--Other Matters

     SEC. 441. TREATMENT OF DEPARTMENT OF INTELLIGENCE AS 
                   EXECUTIVE DEPARTMENT.

       Section 101 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``The Department of Intelligence.''.

     SEC. 442. EXECUTIVE SCHEDULE MATTERS.

       (a) Executive Schedule Level I.--Section 5312 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:
       ``Director of Intelligence.''.
       (b) Executive Schedule Level II.--Section 5313 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Director of Central Intelligence and inserting the 
     following new items:
       ``Director of Central Intelligence Agency.
       ``Administrator of the National Counterterrorism Center.''.
       (c) Executive Schedule Level III.--Section 5314 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Deputy Directors of Central Intelligence and inserting 
     the following new item:
       ``Deputy Director of Intelligence.''.
       (d) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended--
       (1) by striking the item relating to the Assistant 
     Directors of Central Intelligence;
       (2) by striking the item relating to the Inspector General 
     of the Central Intelligence Agency and inserting the 
     following new items:
       ``Inspector General, Central Intelligence Agency.
       ``Inspector General, Department of Intelligence.'';
       (3) by inserting after the item relating to the General 
     Counsel of the Central Intelligence Agency the following new 
     item:
       ``General Counsel of the Department of Intelligence.''; and
       (4) by adding at the end the following new items:
       ``Assistant Directors of Intelligence (2).
       ``Deputy Administrators of the National Counterterrorism 
     Center (2).''.


[[Page S8884]]


  The PRESIDING OFFICER. The Senator from Indiana is recognized.
  Mr. BAYH. Mr. President, it is a privilege for me to join my esteemed 
colleague Senator Specter from Pennsylvania and Senators Lieberman and 
McCain in this effort to implement the 9/11 Commission recommendations 
to defend our country.
  This is a bipartisan undertaking. We have proven we can rise above 
partisan politics. It remains to be seen whether we can rise above the 
bureaucratic inertia, gridlock, and turf jealousy that all too often 
afflict the Federal Government. I believe we must and I believe we can, 
if we are to uphold the weighty responsibility placed on us by our 
fellow American citizens.
  The most important thing we can bring to this task is a sense of 
urgency. What began as a wake-up call on September 11 may not be 
answered following this November 2, unless we maintain the momentum 
generated by the recommendations of the 9/11 Commission. All too often 
the country's attention, this body's attention, can be diverted into 
other arenas, keeping us from taking a difficult but necessary action 
that sustained focus and attention can achieve.
  So I am very insistent that we regain the momentum, bring a sense of 
urgency and purpose to this calling, because it is what will be 
necessary to break down some of the barriers that too often in the past 
have kept us from doing what we now know to be important in terms of 
defending this country.
  Our proposal is the most comprehensive one before the Congress. It 
addresses not only identifying and cracking down on terrorists who 
would threaten to do harm to the American people; it is also the only 
proposal that deals with the causes--the environment that gives rise to 
those violent individuals in the first place. We have to do both. If 
there is one thing I am absolutely certain of, it is no matter what 
resources, focus, and new structure we bring to the challenge of 
defending our country, we will not be able to identify and bring to 
justice every individual who wishes us harm. We have to prevent them 
from being created in the first place. We need to do both. That is what 
this calls for.
  We emphasize accountability and this is vitally important. If you 
look at the failings that occurred before 9/11, and at some of the 
weaknesses exposed by the search for weapons of mass destruction in 
Iraq, you can see there were some significant problems with our 
intelligence system. Yet, as far as I know, no individual has been 
admonished, no individual has been demoted, no individual has been 
fired. George Tenet fell on his sword and took responsibility. But as 
far as I know, that is as far as it goes.
  Is this the best we can do in terms of having a structure that 
assigns missions and holds people accountable for successfully 
fulfilling them? I don't believe it is. This proposal we have placed 
before this Congress insists upon clearly delineated lines of 
authority, holds people clearly accountable for carrying out tasks, 
with consequences that will be easier to impose if people do not do the 
job we have a right to expect of them. If I were the President asking 
who was responsible or in charge or accountable for this, you would 
have a half dozen different individuals. But the only individual you 
can look at and say this person is in charge of a national 
security apparatus in this country is the President himself.

  Well, that is not good enough because with all the President has to 
be responsible for, he needs to have someone subordinate to him, who is 
clearly identifiable, to bring coherence and accountability to the 
national security apparatus. That is what our proposal would put into 
place.
  Finally, let me say two things. We need to increase the amount of 
information available to our country in order to provide for our 
defense. No matter what structure we provide, no matter how 
comprehensive or how much we emphasize accountability, we simply need 
to know more about dangerous individuals, dangerous places, and what 
they are doing in an attempt to harm America. There are glaring blind 
spots today, when it comes to intelligence, that will make us unable to 
defend our country. We are in the process of trying to correct some of 
those blind spots, but more needs to be done.
  This report focuses like a laser, particularly on improving the level 
of human intelligence that will augment our technology, and other 
sources at our disposal to provide for the common defense.
  In conclusion, let me say this. I am reminded of the old adage, 
``Fool me once, shame on you; fool me twice, shame on me.'' It is no 
longer possible to deny there are glaring weaknesses in the national 
security intelligence apparatus that sprung up following World War II. 
It was designed for a different time and a different challenge. We must 
seize this opportunity and put into place truly transformational change 
that will enable us to defend our country against the threats of the 
21st century, not those that threatened us in the recent past.
  Those who would temporize, equivocate, and those who would unduly 
compromise will bear a very heavy burden indeed should another tragedy 
strike this country. Now is the time for bold action. Now is the time 
to put aside the bureaucratic turf jealousies, inertia, and divisions 
that afflict the Congress and the executive branch and unite 
politically, unite across branches of Government, unite in a common 
purpose of truly bold reform and change, so that those who follow in 
our footsteps will know we have done everything humanly possible to 
protect this country.
  Some of the sacrifices need to start with this Congress. Too often 
people have committee jealousies and they want to protect turf. We need 
to put that aside and unite as one people, one Congress, to protect 
this Nation. That is what this legislation does. So I am pleased to 
join with my colleagues in a bipartisan spirit to move the intelligence 
system forward and defend America.
  I will conclude with a saying I once read. I am a member of the 
Intelligence Committee. At one of the briefings, we got what was 
actually a cover sheet of the budget for the intelligence community a 
couple of years ago. The budget is classified, but this is not. It was 
a quote from Napoleon Bonaparte, which I found interesting. Napoleon 
Bonaparte once said ``a well-placed spy is worth at least two 
divisions.'' Well, today a well-placed spy and access to timely, 
accurate information could be worth two American cities; it could mean 
the difference between hundreds of thousands of lives saved or lost.
  Let us not get embroiled in political, bureaucratic, or other 
disputes when the fate of our Nation hangs in the balance. Now is the 
time to act. I am honored to join with my colleagues in proposing that 
we do exactly that.
  Mr. McCAIN. Mr. President, I ask unanimous consent that a copy of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2774

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``9/11 
     Commission Report Implementation Act of 2004''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

               TITLE I--REFORM OF INTELLIGENCE COMMUNITY

Sec. 101. Short title.
Sec. 102. Definitions.

              Subtitle A--National Intelligence Authority

Sec. 111. National Intelligence Authority.
Sec. 112. National Intelligence Director.
Sec. 113. Office of the National Intelligence Director.
Sec. 114. Deputy National Intelligence Directors.
Sec. 115. National Intelligence Council.
Sec. 116. General Counsel of the National Intelligence Authority.
Sec. 117. Inspector General of the National Intelligence Authority.
Sec. 118. Intelligence Comptroller.
Sec. 119. Officer for Civil Rights and Civil Liberties of the National 
              Intelligence Authority.
Sec. 120. Privacy Officer of the National Intelligence Authority.
Sec. 121. Chief Information Officer of the National Intelligence 
              Authority.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

Sec. 131. Provision of national intelligence.
Sec. 132. Responsibilities of National Intelligence Director.
Sec. 133. Authorities of National Intelligence Director.
Sec. 134. Enhanced personnel management.

[[Page S8885]]

Sec. 135. Role of National Intelligence Director in appointment and 
              termination of certain officials responsible for 
              intelligence-related activities.

        Subtitle C--Elements of National Intelligence Authority

Sec. 141. National Counterterrorism Center.
Sec. 142. National intelligence centers.

 Subtitle D--Additional Authorities of National Intelligence Authority

Sec. 151. Use of appropriated funds.
Sec. 152. Procurement authorities.
Sec. 153. Personnel matters.
Sec. 154. Ethics matters.

     Subtitle E--Additional Improvements of Intelligence Activities

Sec. 161. Availability to public of certain intelligence funding 
              information.
Sec. 162. Merger of Homeland Security Council into National Security 
              Council.
Sec. 163. Reform of Central Intelligence Agency.
Sec. 164. Paramilitary operations.
Sec. 165. Improvement of intelligence capabilities of the Federal 
              Bureau of Investigation.
Sec. 166. Report on implementation of intelligence community reform.

              Subtitle F--Conforming and Other Amendments

Sec. 171. Restatement and modification of basic authority of the 
              Central Intelligence Agency.
Sec. 172. Conforming amendments relating to roles of National 
              Intelligence Director and Director of the Central 
              Intelligence Agency.
Sec. 173. Other conforming amendments.
Sec. 174. Elements of intelligence community under National Security 
              Act of 1947.
Sec. 175. Redesignation of National Foreign Intelligence Program as 
              National Intelligence Program.
Sec. 176. Repeal of superseded authorities.
Sec. 177. Clerical amendments to National Security Act of 1947.
Sec. 178. Conforming amendments relating to dual service of certain 
              officials as Deputy National Intelligence Directors.
Sec. 179. Conforming amendment to Inspector General Act of 1978.

                       Subtitle G--Other Matters

Sec. 181. Transfer of Community Management Staff.
Sec. 182. Transfer of Terrorist Threat Integration Center.
Sec. 183. Termination of positions of Assistant Directors of Central 
              Intelligence.
Sec. 184. Termination of Joint Military Intelligence Program.
Sec. 185. Executive schedule matters.
Sec. 186. Preservation of intelligence capabilities.
Sec. 187. General references.

                     TITLE II--INFORMATION SHARING

Sec. 201. Information sharing.

                    TITLE III--CONGRESSIONAL REFORM

Sec. 301. Findings.
Sec. 302. Reorganization of congressional jurisdiction.

                   TITLE IV--PRESIDENTIAL TRANSITION

Sec. 401. Presidential transition. 

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

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

           TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING

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

                   TITLE VII--TRANSPORTATION SECURITY

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

                   TITLE VIII--NATIONAL PREPAREDNESS

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

                TITLE IX--PROTECTION OF CIVIL LIBERTIES

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

               TITLE I--REFORM OF INTELLIGENCE COMMUNITY

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``National Intelligence 
     Authority Act of 2004''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) The term ``intelligence'' includes foreign intelligence 
     and counterintelligence.
       (2) The term ``foreign intelligence'' means information 
     relating to the capabilities, intentions, or activities of 
     foreign governments or elements thereof, foreign 
     organizations, or foreign persons, or international terrorist 
     activities.
       (3) The term ``counterintelligence'' means information 
     gathered, and activities conducted, to protect against 
     espionage, other intelligence activities, sabotage, or 
     assassinations conducted by or on behalf of foreign 
     governments or elements thereof, foreign organizations, or 
     foreign persons, or international terrorist activities.
       (4) The term ``intelligence community'' includes the 
     following:
       (A) The National Intelligence Authority.
       (B) The Central Intelligence Agency.
       (C) The National Security Agency.
       (D) The Defense Intelligence Agency.
       (E) The National Geospatial-Intelligence Agency.
       (F) The National Reconnaissance Office.
       (G) Other offices within the Department of Defense for the 
     collection of specialized national intelligence through 
     reconnaissance programs.
       (H) The intelligence elements of the Army, the Navy, the 
     Air Force, the Marine Corps, the Federal Bureau of 
     Investigation, and the Department of Energy.
       (I) The Bureau of Intelligence and Research of the 
     Department of State.
       (J) The Office of Intelligence and Analysis of the 
     Department of the Treasury.
       (K) The elements of the Department of Homeland Security 
     concerned with the analysis of intelligence information, 
     including the Office of Intelligence of the Coast Guard.
       (L) Such other elements of any other department or agency 
     as may be designated by the President, or designated jointly 
     by the National Intelligence Director and the head of the 
     department or agency concerned, as an element of the 
     intelligence community.
       (5) The terms ``national intelligence'' and ``intelligence 
     related to the national security''--
       (A) each refer to intelligence which pertains to the 
     interests of more than one department or agency of the 
     Government; and
       (B) do not refer to counterintelligence or law enforcement 
     activities conducted by the Federal Bureau of Investigation 
     except to the extent provided for in procedures agreed to by 
     the National Intelligence Director and the Attorney General, 
     or otherwise as expressly provided for in this title.
       (6) The term ``National Intelligence Program''--
       (A)(i) refers to all national intelligence programs, 
     projects, and activities of the elements of the intelligence 
     community; and
       (ii) includes all programs, projects, and activities 
     (whether or not pertaining to national intelligence) of the 
     National Intelligence Authority, the Central Intelligence 
     Agency, the National Security Agency, the National 
     Geospatial-Intelligence Agency, the National Reconnaissance 
     Office, the Office of Intelligence of the Federal Bureau of 
     Investigation, and the Directorate of Information Analysis 
     and Infrastructure Protection of the Department of Homeland 
     Security; but
       (B) does not refer--
       (i) to any program, project, or activity pertaining solely 
     to the requirements of a single department, agency, or 
     element of the United States Government; or
       (ii) to any program, project, or activity of the military 
     departments to acquire intelligence solely for the planning 
     and conduct of tactical military operations by the United 
     States Armed Forces.
       (7) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

              Subtitle A--National Intelligence Authority

     SEC. 111. NATIONAL INTELLIGENCE AUTHORITY.

       (a) Independent Establishment.--There is hereby established 
     as an independent establishment in the executive branch of 
     government the National Intelligence Authority.

[[Page S8886]]

       (b) Composition.--The National Intelligence Authority is 
     composed of the following:
       (1) The Office of the National Intelligence Director.
       (2) The elements specified in subtitle C.
       (3) Such other elements, offices, agencies, and activities 
     as may be designated by law or by the President as part of 
     the Authority.
       (c) Primary Missions.--The primary missions of the National 
     Intelligence Authority are as follows:
       (1) To unify and strengthen the efforts of the intelligence 
     community.
       (2) To ensure the organization of the efforts of the 
     intelligence community in a collective manner relating to 
     intelligence responsibilities.
       (3) To provide for the operation of the National 
     Counterterrorism Center and the national intelligence centers 
     under subtitle C.
       (4) To eliminate barriers in the conduct of the 
     counterterrorism activities of the United States Government 
     between foreign intelligence activities conducted inside and 
     outside the United States while ensuring the protection of 
     civil liberties.
       (5) To establish clear responsibility and accountability 
     for counterterrorism and other intelligence matters relating 
     to the national security of the United States.
       (d) Seal.--The National Intelligence Director shall have a 
     seal for the National Intelligence Authority. The design of 
     the seal is subject to the approval of the President. 
     Judicial notice shall be taken of the seal.

     SEC. 112. NATIONAL INTELLIGENCE DIRECTOR.

       (a) National Intelligence Director.--There is a National 
     Intelligence Director who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Individuals Eligible for Nomination.--Any individual 
     nominated for appointment as National Intelligence Director 
     shall have extensive national security expertise.
       (c) Principal Duties and Responsibilities.--The National 
     Intelligence Director shall--
       (1) serve as head of the intelligence community in 
     accordance with the provisions of this Act, the National 
     Security Act of 1947 (50 U.S.C. 401 et seq.), and other 
     applicable provisions of law;
       (2) act as a principal adviser to the President for 
     intelligence related to the national security;
       (3) serve as the head of the National Intelligence 
     Authority (but may not serve as the Director of the Central 
     Intelligence Agency); and
       (4) direct, manage, and oversee the execution of the 
     National Intelligence Program.
       (d) General Responsibilities and Authorities.--In carrying 
     out the duties and responsibilities set forth in subsection 
     (c), the National Intelligence Director shall have the 
     responsibilities set forth in section 132 and the authorities 
     set forth in section 133 and other applicable provisions of 
     law.

     SEC. 113. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.

       (a) Office of National Intelligence Director.--There is 
     within the National Intelligence Authority an Office of the 
     National Intelligence Director.
       (b) Function.--The function of the Office of the National 
     Intelligence Director is to assist the National Intelligence 
     Director in carrying out the duties and responsibilities of 
     the Director under this Act, the National Security Act of 
     1947 (50 U.S.C. 401 et seq.), and other applicable provisions 
     of law, and to carry out such other duties as may be 
     prescribed by the President or by law.
       (c) Composition.--The Office of the National Intelligence 
     Director is composed of the following:
       (1) The Deputy National Intelligence Director.
       (2) The Deputy National Intelligence Director for Foreign 
     Intelligence.
       (3) The Deputy National Intelligence Director for Defense 
     Intelligence.
       (4) The Deputy National Intelligence Director for Homeland 
     Intelligence.
       (5) The National Intelligence Council.
       (6) The General Counsel of the National Intelligence 
     Authority.
       (7) The Inspector General of the National Intelligence 
     Authority.
       (8) The Intelligence Comptroller.
       (9) The Officer for Civil Rights and Civil Liberties of the 
     National Intelligence Authority.
       (10) The Privacy Officer of the National Intelligence 
     Authority.
       (11) The Chief Information Officer of the National 
     Intelligence Authority.
       (12) Such other offices and officials as may be established 
     by law or the Director may establish or designate in the 
     Office.
       (d) Staff.--(1) To assist the National Intelligence 
     Director in fulfilling the duties and responsibilities of the 
     Director, the Director shall employ and utilize in the Office 
     of the National Intelligence Director a professional staff 
     having an expertise in matters relating to such duties and 
     responsibilities, and may establish permanent positions and 
     appropriate rates of pay with respect to that staff.
       (2) The staff of the Office under paragraph (1) shall 
     include the elements of the Community Management Staff that 
     are transferred to the Office under section 181.

     SEC. 114. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.

       (a) Deputy National Intelligence Director.--(1) There is a 
     Deputy National Intelligence Director who shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       (2) Any individual nominated for appointment as Deputy 
     National Intelligence Director shall have extensive national 
     security experience and management expertise.
       (3) The individual serving as Deputy National Intelligence 
     Director may not serve in any capacity in any other element 
     of the intelligence community.
       (4) The Deputy National Intelligence Director shall assist 
     the National Intelligence Director in carrying out the duties 
     and responsibilities of the Director.
       (5) The Deputy National Intelligence Director shall act 
     for, and exercise the powers of, the National Intelligence 
     Director during the absence or disability of the National 
     Intelligence Director or during a vacancy in the position of 
     National Director of Intelligence.
       (b) Deputy National Intelligence Director for Foreign 
     Intelligence.--(1) There is a Deputy National Intelligence 
     Director for Foreign Intelligence.
       (2) The Director of the Central Intelligence Agency under 
     section 103 of the National Security Act of 1947 also serves 
     as the Deputy National Intelligence Director for Foreign 
     Intelligence.
       (3) In the capacity as Deputy National Intelligence 
     Director for Foreign Intelligence, the Deputy Director 
     shall--
       (A) have the duties and responsibilities specified in 
     subsection (e) with respect to the elements of the 
     intelligence community (as determined by the National 
     Intelligence Director) that are responsible for foreign 
     intelligence matters; and
       (B) such other duties, responsibilities, and authorities 
     with respect to foreign intelligence as the Director may 
     assign.
       (c) Deputy National Intelligence Director for Defense 
     Intelligence.--(1) There is a Deputy National Intelligence 
     Director for Defense Intelligence.
       (2) The Under Secretary of Defense for Intelligence under 
     section 137 of title 10, United States Code, also serves as 
     the Deputy National Intelligence Director for Defense 
     Intelligence.
       (3) In the capacity as Deputy National Intelligence 
     Director for Defense Intelligence, the Deputy Director 
     shall--
       (A) have the duties and responsibilities specified in 
     subsection (e) with respect to the elements of the 
     intelligence community (as determined by the National 
     Intelligence Director) that are responsible for defense 
     intelligence matters; and
       (B) such other duties, responsibilities, and authorities 
     with respect to foreign intelligence as the Director may 
     assign.
       (d) Deputy National Intelligence Director for Homeland 
     Intelligence.--(1) There is a Deputy National Intelligence 
     Director for Homeland Intelligence.
       (2)(A) At the election of the National Intelligence 
     Director, one of the officials specified in subparagraph (B) 
     also serves as the Deputy National Intelligence Director for 
     Homeland Intelligence.
       (B) The officials specified in this subparagraph are as 
     follows:
       (i) The Under Secretary of Homeland Security for 
     Information Analysis and Infrastructure Protection under 
     section 201 of the Homeland Security Act of 2002 (6 U.S.C. 
     121).
       (ii) The Executive Assistant Director for Intelligence of 
     the Federal Bureau of Investigation.
       (3) In the capacity as Deputy National Intelligence 
     Director for Homeland Intelligence, the Deputy Director 
     shall--
       (A) have the duties and responsibilities specified in 
     subsection (e) with respect to the elements of the 
     intelligence community (as determined by the National 
     Intelligence Director) that are responsible for homeland 
     intelligence matters; and
       (B) such other duties, responsibilities, and authorities 
     with respect to homeland intelligence as the Director may 
     assign.
       (e) Duties and Responsibilities Regarding Specific 
     Intelligence Matters.--Each Deputy National Intelligence 
     Director shall assist the National Intelligence Director and 
     the Deputy National Intelligence Director under subsection 
     (a) in--
       (1) managing the collection, analysis, production, and 
     dissemination of intelligence in accordance with the 
     standards, requirements, and priorities established by the 
     National Intelligence Director;
       (2) ensuring the acquisition of collection systems in 
     accordance with the standards, requirements, and priorities 
     established by the National Intelligence Director;
       (3) setting standards, requirements, and priorities for the 
     hiring and training of personnel;
       (4) assigning or detailing personnel as staff of the 
     national intelligence centers;
       (5) overseeing the performance of the national intelligence 
     centers, subject to the direction of the National 
     Intelligence Director;
       (6) ensuring that the intelligence community makes better 
     use of open source information and analysis; and
       (7) coordinating among the agencies, elements, and 
     components of the intelligence community.

     SEC. 115. NATIONAL INTELLIGENCE COUNCIL.

       (a) National Intelligence Council.--There is a National 
     Intelligence Council.
       (b) Composition.--(1) The National Intelligence Council 
     shall be composed of senior analysts within the intelligence 
     community and substantive experts from the public and private 
     sector, who shall be appointed by, report to, and serve at 
     the pleasure of, the National Intelligence Director.

[[Page S8887]]

       (2) The Director shall prescribe appropriate security 
     requirements for personnel appointed from the private sector 
     as a condition of service on the Council, or as contractors 
     of the Council or employees of such contractors, to ensure 
     the protection of intelligence sources and methods while 
     avoiding, wherever possible, unduly intrusive requirements 
     which the Director considers to be unnecessary for this 
     purpose.
       (c) Duties and Responsibilities.--(1) The National 
     Intelligence Council shall--
       (A) subject to paragraph (2), produce national intelligence 
     estimates for the United States Government, including, 
     whenever the Council considers appropriate, alternative views 
     held by elements of the intelligence community;
       (B) evaluate community-wide collection and production of 
     intelligence by the intelligence community and the 
     requirements and resources of such collection and production; 
     and
       (C) otherwise assist the National Intelligence Director in 
     carrying out the responsibilities of the Director under 
     section 131.
       (2) The National Intelligence Director shall ensure that 
     the Council satisfies the needs of policymakers and other 
     consumers of intelligence by ensuring that each national 
     intelligence estimate under paragraph (1)--
       (A) states separately, and distinguishes between, the 
     intelligence underlying such estimate and the assumptions and 
     judgments of analysts with respect to such intelligence and 
     such estimate;
       (B) describes the quality and reliability of the 
     intelligence underlying such estimate;
       (C) presents and explains alternative conclusions, if any, 
     with respect to the intelligence underlying such estimate and 
     such estimate; and
       (D) characterizes the uncertainties, if any, and confidence 
     in such estimate.
       (d) Service as Senior Intelligence Advisers.--Within their 
     respective areas of expertise and under the direction of the 
     National Intelligence Director, the members of the National 
     Intelligence Council shall constitute the senior intelligence 
     advisers of the intelligence community for purposes of 
     representing the views of the intelligence community within 
     the United States Government.
       (e) Authority To Contract.--Subject to the direction and 
     control of the National Intelligence Director, the National 
     Intelligence Council may carry out its responsibilities under 
     this section by contract, including contracts for substantive 
     experts necessary to assist the Council with particular 
     assessments under this section.
       (f) Staff.--The National Intelligence Director shall make 
     available to the National Intelligence Council such staff as 
     may be necessary to permit the Council to carry out its 
     responsibilities under this section.
       (g) Availability of Council and Staff.--(1) The National 
     Intelligence Director shall take appropriate measures to 
     ensure that the National Intelligence Council and its staff 
     satisfy the needs of policymaking officials and other 
     consumers of intelligence.
       (2) The Council shall be readily accessible to policymaking 
     officials and other appropriate individuals not otherwise 
     associated with the intelligence community.
       (h) Support.--The heads of the elements of the intelligence 
     community shall, as appropriate, furnish such support to the 
     National Intelligence Council, including the preparation of 
     intelligence analyses, as may be required by the National 
     Intelligence Director.

     SEC. 116. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

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

     SEC. 117. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

       (a) Office of Inspector General of National Intelligence 
     Authority.--There is an Office of the Inspector General of 
     the National Intelligence Authority.
       (b) Purpose.--The purpose of the Office of the Inspector 
     General of the National Intelligence Authority is to--
       (1) create an objective and effective office, appropriately 
     accountable to Congress, to initiate and conduct 
     independently investigations, inspections, and audits 
     relating to--
       (A) the programs and operations of the National 
     Intelligence Authority;
       (B) the relationships among the elements of the 
     intelligence community within the National Intelligence 
     Program; and
       (C) the relationship of the Authority with the other 
     elements of the intelligence community;
       (2) provide leadership and recommend policies designed to 
     promote economy, efficiency, and effectiveness in the 
     administration of such programs and operations, and in the 
     relationships described in paragraph (1), and to detect fraud 
     and abuse in such programs, operations, and relationships;
       (3) provide a means for keeping the National Intelligence 
     Director fully and currently informed about problems and 
     deficiencies relating to the administration of such programs 
     and operations, and in such relationships, and the necessity 
     for, and the progress of, corrective actions; and
       (4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of significant problems and deficiencies relating to 
     the administration of such programs and operations, and in 
     such relationships, as well as the necessity for, and the 
     progress of, corrective actions.
       (c) Inspector General of National Intelligence Authority.--
     (1) There is an Inspector General of the National 
     Intelligence Authority, who shall be the head of the Office 
     of the Inspector General of the National Intelligence 
     Authority, who shall be appointed from civilian life by the 
     President, by and with the advice and consent of the Senate.
       (2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       (A) without regard to political affiliation;
       (B) solely on the basis of integrity, compliance with the 
     security standards of the National Intelligence Authority, 
     and prior experience in the field of intelligence or national 
     security; and
       (C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       (3) The Inspector General shall report directly to and be 
     under the general supervision of the National Intelligence 
     Director.
       (4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       (d) Duties and Responsibilities.--It shall be the duty and 
     responsibility of the Inspector General of the National 
     Intelligence Authority--
       (1) to provide policy direction for, and to plan, conduct, 
     supervise, and coordinate independently, the investigations, 
     inspections, and audits relating to the programs and 
     operations of the National Intelligence Authority, and in the 
     relationships among the elements of the intelligence 
     community within the National Intelligence Program, to ensure 
     they are conducted efficiently and in accordance with 
     applicable law and regulations;
       (2) to keep the National Intelligence Director fully and 
     currently informed concerning violations of law and 
     regulations, violations of civil liberties and privacy, and 
     fraud and other serious problems, abuses, and deficiencies 
     that may occur in such programs and operations, and in the 
     relationships described in paragraph (1), and to report the 
     progress made in implementing corrective action;
       (3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       (4) in the execution of the duties and responsibilities 
     under this section, to comply with generally accepted 
     government auditing standards.
       (e) Limitations on Activities.--(1) The National 
     Intelligence Director may prohibit the Inspector General of 
     the National Intelligence Authority from initiating, carrying 
     out, or completing any investigation, inspection, or audit if 
     the Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       (2) If the Director exercises the authority under paragraph 
     (1), the Director shall submit an appropriately classified 
     statement of the reasons for the exercise of such authority 
     within seven days to the congressional intelligence 
     committees.
       (3) The Director shall advise the Inspector General at the 
     time a report under paragraph (1) is submitted, and, to the 
     extent consistent with the protection of intelligence sources 
     and methods, provide the Inspector General with a copy of 
     such report.
       (4) The Inspector General may submit to the congressional 
     intelligence committees any comments on a report of which the 
     Inspector General has notice under paragraph (3) that the 
     Inspector General considers appropriate.
       (f) Authorities.--(1) The Inspector General of the National 
     Intelligence Authority shall have direct and prompt access to 
     the National Intelligence Director when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       (2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of the National 
     Intelligence Authority whose testimony is needed for the 
     performance of the duties of the Inspector General.
       (B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.

[[Page S8888]]

       (C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       (D) Failure on the part of any employee or contractor to 
     cooperate with the Inspector General shall be grounds for 
     appropriate administrative actions by the Director, including 
     loss of employment or the termination of an existing 
     contractual relationship.
       (3) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Authority--
       (A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       (B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint or disclosing such 
     information may be taken by any employee of the Authority in 
     a position to take such actions, unless such complaint was 
     made or such information was disclosed with the knowledge 
     that it was false or with willful disregard for its truth or 
     falsity.
       (4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the National 
     Intelligence Authority designated by the Inspector General 
     shall have the same force and effect as if administered or 
     taken by or before an officer having a seal.
       (5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary in the performance of the duties and 
     responsibilities of the Inspector General.
       (B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       (C) The Inspector General may not issue a subpoena for or 
     on behalf of any other element or component of the Authority.
       (D) In the case of contumacy or refusal to obey a subpoena 
     issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       (g) Staff and Other Support.--(1) The Inspector General of 
     the National Intelligence Authority shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       (2)(A) Subject to applicable law and the policies of the 
     National Intelligence Director, the Inspector General shall 
     select, appoint and employ such officers and employees as may 
     be necessary to carry out the functions of the Inspector 
     General.
       (B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       (C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the National Intelligence Authority a 
     career cadre of sufficient size to provide appropriate 
     continuity and objectivity needed for the effective 
     performance of the duties of the Inspector General.
       (3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be necessary for carrying out the duties and 
     responsibilities of the Inspector General from any 
     department, agency, or other element of the United States 
     Government.
       (B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       (h) Reports.--(1)(A) The Inspector General of the National 
     Intelligence Authority shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the National 
     Intelligence Director a classified semiannual report 
     summarizing the activities of the Office of the Inspector 
     General of the National Intelligence Authority during the 
     immediately preceding six-month periods ending December 31 
     (of the preceding year) and June 30, respectively.
       (B) Each report under this paragraph shall include, at a 
     minimum, the following:
       (i) A list of the title or subject of each investigation, 
     inspection, or audit conducted during the period covered by 
     such report.
       (ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration of programs and 
     operations of the National Intelligence Authority identified 
     by the Inspector General during the period covered by such 
     report.
       (iii) A description of the recommendations for corrective 
     action made by the Inspector General during the period 
     covered by such report with respect to significant problems, 
     abuses, or deficiencies identified in clause (ii).
       (iv) A statement whether or not corrective action has been 
     completed on each significant recommendation described in 
     previous semiannual reports, and, in a case where corrective 
     action has been completed, a description of such corrective 
     action.
       (v) An assessment of the effectiveness of all measures in 
     place in the Authority for the protection of civil liberties 
     and privacy of United States persons.
       (vi) A certification whether or not the Inspector General 
     has had full and direct access to all information relevant to 
     the performance of the functions of the Inspector General.
       (vii) A description of the exercise of the subpoena 
     authority under subsection (f)(5) by the Inspector General 
     during the period covered by such report.
       (viii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy and 
     efficiency in the administration of programs and operations 
     undertaken by the Authority, and to detect and eliminate 
     fraud and abuse in such programs and operations.
       (C) Not later than 30 days after the date of the submittal 
     of a report under subparagraph (A), the Director shall 
     transmit the report to the congressional intelligence 
     committees together with any comments the Director considers 
     appropriate.
       (2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration of programs or 
     operations of the Authority or regarding relationships among 
     the elements of the intelligence community within the 
     National Intelligence Program.
       (B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within seven calendar days of receipt of such report, 
     together with such comments as the Director considers 
     appropriate.
       (3) In the event that--
       (A) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       (B) an investigation, inspection, or audit carried out by 
     the Inspector General should focus on any current or former 
     Authority official who holds or held a position in the 
     Authority that is subject to appointment by the President, by 
     and with the advice and consent of the Senate, including such 
     a position held on an acting basis;
       (C) a matter requires a report by the Inspector General to 
     the Department of Justice on possible criminal conduct by a 
     current or former official described in subparagraph (B);
       (D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in subparagraph (B); or
       (E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

     the Inspector General shall immediately notify and submit a 
     report on such matter to the congressional intelligence 
     committees.
       (4) Pursuant to title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.), the Director shall submit to 
     the congressional intelligence committees any report or 
     findings and recommendations of an investigation, inspection, 
     or audit conducted by the office which has been requested by 
     the Chairman or Ranking Minority Member of either committee.
       (5)(A) An employee of the Authority, or of a contractor to 
     the Authority, who intends to report to Congress a complaint 
     or information with respect to an urgent concern may report 
     such complaint or information to the Inspector General.
       (B) Not later than the end of the 14-calendar day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       (C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 
     seven calendar days of such receipt, forward such transmittal 
     to the congressional intelligence committees, together with 
     any comments the Director considers appropriate.
       (D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit

[[Page S8889]]

     the complaint or information to Congress by contacting either 
     or both of the congressional intelligence committees 
     directly.
       (ii) An employee may contact the intelligence committees 
     directly as described in clause (i) only if the employee--
       (I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       (II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     intelligence committees in accordance with appropriate 
     security practices.
       (iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under clause (i) does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       (E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than three days after any 
     such action is taken.
       (F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       (G) In this paragraph, the term ``urgent concern'' means 
     any of the following:
       (i) A serious or flagrant problem, abuse, violation of law 
     or Executive order, or deficiency relating to the funding, 
     administration, or operations of an intelligence activity 
     involving classified information, but does not include 
     differences of opinions concerning public policy matters.
       (ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       (iii) An action, including a personnel action described in 
     section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) of this section in response to an 
     employee's reporting an urgent concern in accordance with 
     this paragraph.
       (6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall report to the 
     Attorney General any information, allegation, or complaint 
     received by the Inspector General relating to violations of 
     Federal criminal law that involve a program or operation of 
     the Authority, consistent with such guidelines as may be 
     issued by the Attorney General pursuant to subsection (b)(2) 
     of such section. A copy of each such report shall be 
     furnished to the Director.
       (i) Separate Budget Account.--The National Intelligence 
     Director shall, in accordance with procedures to be issued by 
     the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the National Intelligence Authority.

     SEC. 118. INTELLIGENCE COMPTROLLER.

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

     SEC. 119. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE 
                   NATIONAL INTELLIGENCE AUTHORITY.

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

     SEC. 120. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

       (a) Privacy Officer of National Intelligence Authority.--
     There is a Privacy Officer of the National Intelligence 
     Authority who shall be appointed by the National Intelligence 
     Director.
       (b) Duties.--The Privacy Officer of the National 
     Intelligence Authority shall have primary responsibility for 
     the privacy policy of the National Intelligence Authority, 
     including--
       (1) assuring that the use of technologies sustain, and do 
     not erode, privacy protections relating to the use, 
     collection, and disclosure of personal information;
       (2) assuring that personal information contained in Privacy 
     Act systems of records is handled in full compliance with 
     fair information practices as set out in the Privacy Act of 
     1974;
       (3) conducting privacy impact assessments when appropriate 
     or as required by law; and
       (4) performing such other duties as may be prescribed by 
     the Director or specified by law.

     SEC. 121. CHIEF INFORMATION OFFICER OF THE NATIONAL 
                   INTELLIGENCE AUTHORITY.

       (a) Chief Information Officer of National Intelligence 
     Authority.--There is a Chief Information Officer of the 
     National Intelligence Authority who shall be appointed by the 
     National Intelligence Director.
       (b) Duties.--The Chief Information Officer of the National 
     Intelligence Authority shall--
       (1) assist the National Intelligence Director in developing 
     and implementing an integrated information technology 
     network, as required by section 132(a)(14);
       (2) develop an enterprise architecture for the intelligence 
     community and assist the Director in ensuring that elements 
     of the intelligence community comply with such architecture;
       (3) ensure that the elements of the intelligence community 
     have direct and continuous electronic access to all 
     information (including unevaluated intelligence) necessary 
     for appropriately cleared analysts to conduct comprehensive 
     all-source analysis and for appropriately cleared 
     policymakers to perform their duties;
       (4) review and provide recommendations to the Director on 
     National Intelligence Program budget requests for information 
     technology and national security systems;
       (5) assist the Director in promulgating and enforcing 
     standards on information technology and national security 
     systems that apply throughout the intelligence community;
       (6) provide for the elimination of duplicate information 
     technology and national security systems within and between 
     the elements of the intelligence community; and
       (7) perform such other duties with respect to the 
     information systems and information technology of the 
     National Intelligence Authority as may be prescribed by the 
     Director or specified by law.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

     SEC. 131. PROVISION OF NATIONAL INTELLIGENCE.

       (a) In General.--Under the direction of the National 
     Security Council, the National Intelligence Director shall be 
     responsible for providing national intelligence--
       (1) to the President;
       (2) to the heads of other departments and agencies of the 
     executive branch;
       (3) to the Chairman of the Joint Chiefs of Staff and senior 
     military commanders; and
       (4) where appropriate, to the Senate and House of 
     Representatives and the committees thereof.
       (b) National Intelligence.--Such national intelligence 
     should be timely, objective, independent of political 
     considerations, and based upon all sources available to the 
     intelligence community.

     SEC. 132. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.

       (a) In General.--The National Intelligence Director shall--
       (1) develop and present to the President on an annual basis 
     a unified budget for the intelligence and intelligence-
     related activities of the United States Government;
       (2) ensure a unified budget for the intelligence and 
     intelligence-related activities of the United States 
     Government that reflects an appropriate balance among the 
     varieties of technical and human intelligence methods and 
     analysis;
       (3) direct and manage the tasking of collection, analysis, 
     and dissemination of national intelligence by elements of the 
     intelligence community, including the establishment of 
     requirements and priorities of such tasking;
       (4) approve collection and analysis requirements, determine 
     collection and analysis

[[Page S8890]]

     priorities, and resolve conflicts in collection and analysis 
     priorities levied on national intelligence collection and 
     analysis assets;
       (5) establish and oversee the National Counterterrorism 
     Center under section 141 and the national intelligence 
     centers under section 142;
       (6) establish requirements and priorities for foreign 
     intelligence information to be collected under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.), and provide assistance to the Attorney General to 
     ensure that information derived from electronic surveillance 
     or physical searches under that Act is disseminated so it may 
     be used efficiently and effectively for foreign intelligence 
     purposes, except that the Director shall have no authority to 
     direct, manage, or undertake electronic surveillance or 
     physical search operations pursuant to that Act unless 
     otherwise authorized by statute or Executive order;
       (7) develop and implement, in consultation with the heads 
     of the other elements of the intelligence community, 
     personnel policies and programs applicable to the 
     intelligence community that--
       (A) facilitate assignments and details of personnel to the 
     National Counterterrorism Center under section 141, to 
     national intelligence centers under section 142, and across 
     agency lines;
       (B) set standards for education and training;
       (C) ensure that the personnel of the intelligence community 
     is sufficiently diverse for purposes of the collection and 
     analysis of intelligence by ensuring the recruitment and 
     training of women, minorities, and individuals with diverse 
     ethnic, cultural, and linguistic backgrounds;
       (D) make service in more than one element of the 
     intelligence community a condition of promotion to such 
     positions within the intelligence community as the Director 
     shall specify;
       (E) ensure the effective management and authority of 
     intelligence community personnel who are responsible for 
     intelligence community-wide matters; and
       (F) include the enhancements required under section 134;
       (8) promote and evaluate the utility of national 
     intelligence to consumers within the United States 
     Government;
       (9) ensure that appropriate officials of the United States 
     Government and other appropriate individuals have access to a 
     variety of intelligence assessments and analytical views;
       (10) protect intelligence sources and methods from 
     unauthorized disclosure;
       (11) establish requirements and procedures for the 
     classification of information and for access to classified 
     information;
       (12) establish requirements and procedures for the 
     dissemination of classified information by elements of the 
     intelligence community;
       (13) establish information sharing and intelligence 
     reporting guidelines that maximize the dissemination of 
     information while protecting intelligence sources and 
     methods;
       (14) develop, in consultation with the heads of appropriate 
     departments and agencies of the United States Government, an 
     integrated information technology network that provides for 
     the efficient and secure exchange of intelligence information 
     among all elements of the intelligence community and such 
     other entities and persons as the Director considers 
     appropriate;
       (15) ensure compliance by the elements of the intelligence 
     community with the Constitution and all laws, regulations, 
     Executive orders, and implementing guidelines of the United 
     States, including all laws, regulations, Executive orders, 
     and implementing guidelines relating to the protection of 
     civil liberties and privacy of United States persons;
       (16) eliminate waste and unnecessary duplication within the 
     intelligence community; and
       (17) perform such other functions as the President may 
     direct.
       (b) Uniform Procedures for Sensitive Compartmented 
     Information.--The President, acting through the National 
     Intelligence Director, shall--
       (1) establish uniform standards and procedures for the 
     grant of access to sensitive compartmented information to any 
     officer or employee of any department, agency, or element of 
     the United States Government, and to employees of contractors 
     of such departments, agencies, and elements;
       (2) ensure the consistent implementation of such standards 
     and procedures throughout the departments, agencies, and 
     elements of the United States Government; and
       (3) ensure that security clearances granted by individual 
     elements of the intelligence community are recognized by all 
     elements of the intelligence community, and under contracts 
     entered into by such elements.

     SEC. 133. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.

       (a) Access to Intelligence.--To the extent approved by the 
     President, the National Intelligence Director shall have 
     access to all intelligence related to the national security 
     which is collected by any department, agency, or other 
     element of the United States Government.
       (b) Determination of Budgets for NIP and Other Intelligence 
     Activities.--The National Intelligence Director shall 
     determine the annual budget for intelligence and 
     intelligence-related activities of the United States 
     Government by--
       (1) developing and presenting to the President an annual 
     budget for the National Intelligence Program, including, in 
     furtherance of such budget, the review, modification, and 
     approval of budgets of the elements of the intelligence 
     community within the National Intelligence Program utilizing 
     the budget authorities in subsection (d)(1);
       (2) providing guidance on the development of annual budgets 
     for such elements of the intelligence community as are not 
     within the National Intelligence Program utilizing the budget 
     authorities in subsection (d)(2);
       (3) participating in the development by the Secretary of 
     Defense of the annual budget for military intelligence 
     programs and activities outside the National Intelligence 
     Program;
       (4) having direct jurisdiction of amounts appropriated or 
     otherwise made available for the National Intelligence 
     Program as specified in subsection (e); and
       (5) managing and overseeing the execution, and, if 
     necessary, the modification of the annual budget for the 
     National Intelligence Program, including directing the 
     reprogramming and reallocation of funds, and the transfer of 
     personnel, among and between elements of the intelligence 
     community within the National Intelligence Program utilizing 
     the authorities in subsections (f) and (g).
       (c) Scope of NIP and JMIP.--The National Intelligence 
     Director and the Secretary of Defense shall jointly review 
     the programs, projects, and activities under the Joint 
     Military Intelligence Program in order to identify the 
     programs, projects, and activities within the Joint Military 
     Intelligence Program as of the date of the enactment of this 
     Act that pertain to national intelligence. Any programs, 
     projects, and activities so identified are to be carried out 
     instead within the National Intelligence Program.
       (d) Budget Authorities.--(1)(A) The National Intelligence 
     Director shall direct, coordinate, prepare, modify, and 
     present to the President the annual budgets of the elements 
     of the intelligence community within the National 
     Intelligence Program, in consultation with the heads of those 
     elements.
       (B) The budget of an element of the intelligence community 
     within the National Intelligence Program may not be provided 
     to the President for transmission to Congress unless the 
     Director has approved such budget.
       (2)(A) The Director shall provide guidance for the 
     development of the annual budgets for such elements of the 
     intelligence community as are not within the National 
     Intelligence Program;
       (B) The heads of the elements of the intelligence community 
     referred to in subparagraph (A) shall coordinate closely with 
     the Director in the development of the budgets of such 
     elements, before the submission of their recommendations on 
     such budgets to the President.
       (e) Jurisdiction of Funds Under NIP.--Notwithstanding any 
     other provision of law and consistent with section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414), any amounts 
     appropriated or otherwise made available for the National 
     Intelligence Program shall be appropriated to, and under the 
     direct jurisdiction of, the National Intelligence Director.
       (f) Role in Reprogramming.--(1) No funds made available 
     under the National Intelligence Program may be reprogrammed 
     by any element of the intelligence community within the 
     National Intelligence Program without the prior approval of 
     the National Intelligence Director except in accordance with 
     procedures issued by the Director.
       (2) The Director shall consult with the appropriate 
     committees of Congress regarding modifications of existing 
     procedures to expedite the reprogramming of funds within the 
     National Intelligence Program.
       (g) Transfer of Funds or Personnel Within National 
     Intelligence Program.--(1)(A) In addition to any other 
     authorities available under law for such purposes, the 
     National Intelligence Director, with the approval of the 
     Director of the Office of Management and Budget, may transfer 
     funds appropriated for a program within the National 
     Intelligence Program to another such program and, in 
     accordance with procedures to be developed by the National 
     Intelligence Director and the heads of the departments and 
     agencies concerned, may transfer personnel authorized for an 
     element of the intelligence community to another such 
     element.
       (B) The National Intelligence Director may delegate a duty 
     of the Director under this subsection only to the Deputy 
     National Intelligence Director.
       (2) A transfer of funds or personnel may be made under this 
     subsection only if--
       (A) the funds or personnel are being transferred to an 
     activity that is a higher priority intelligence activity;
       (B) the need for funds or personnel for such activity is 
     based on unforeseen requirements; and
       (C) the transfer does not involve a transfer of funds to 
     the Reserve for Contingencies of the Central Intelligence 
     Agency.
       (3) Funds transferred under this subsection shall remain 
     available for the same period as the appropriations account 
     to which transferred.
       (4) Any transfer of funds under this subsection shall be 
     carried out in accordance with existing procedures applicable 
     to reprogramming notifications for the appropriate 
     congressional committees. Any proposed transfer for which 
     notice is given to the appropriate congressional committees 
     shall be accompanied by a report explaining the nature of the 
     proposed transfer and how

[[Page S8891]]

     it satisfies the requirements of this subsection. In 
     addition, the congressional intelligence committees shall be 
     promptly notified of any transfer of funds made pursuant to 
     this subsection in any case in which the transfer would not 
     have otherwise required reprogramming notification under 
     procedures in effect as of October 24, 1992.
       (5) The National Intelligence Director shall promptly 
     submit to the congressional intelligence committees and, in 
     the case of the transfer of personnel to or from the 
     Department of Defense, the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives, a report on any transfer of personnel made 
     pursuant to this subsection. The Director shall include in 
     any such report an explanation of the nature of the transfer 
     and how it satisfies the requirements of this subsection.

     SEC. 134. ENHANCED PERSONNEL MANAGEMENT.

       (a) Rewards for Service in Certain Positions.--(1) The 
     National Intelligence Director shall, under regulations 
     prescribed by the Director, provide incentives for service on 
     the staff of the national intelligence centers, on the staff 
     of the National Counterterrorism Center, and in other 
     positions in support of the intelligence community management 
     functions of the Director.
       (2) Incentives under paragraph (1) may include financial 
     incentives, bonuses, and such other awards and incentives as 
     the Director considers appropriate.
       (b) Enhanced Promotion for Service Under NID.--(1) 
     Notwithstanding any other provision of law, the personnel of 
     an element of the intelligence community who are assigned or 
     detailed to service under the National Intelligence Director 
     shall be promoted at rates equivalent to or better than 
     personnel of such element who are not so assigned or 
     detailed.
       (2) The Director may prescribe regulations to carry out 
     this section.
       (c) Joint Career Matters.--(1) In carrying out section 
     132(a)(7), the National Intelligence Director shall prescribe 
     mechanisms to facilitate the rotation of personnel of the 
     intelligence community through various elements of the 
     intelligence community in the course of their careers in 
     order to facilitate the widest possible understanding by such 
     personnel of the variety of intelligence requirements, 
     methods, and disciplines.
       (2) The mechanisms prescribed under paragraph (1) may 
     include the following:
       (A) The establishment of special occupational categories 
     involving service, over the course of a career, in more than 
     one element of the intelligence community.
       (B) The provision of rewards for service in positions 
     undertaking analysis and planning of operations involving two 
     or more elements of the intelligence community.
       (C) The establishment of requirements for education, 
     training, service, and evaluation that involve service in 
     more than one element of the intelligence community.
       (3) It is the sense of Congress that the mechanisms 
     prescribed under this subsection should, to the extent 
     practical, seek to duplicate within the intelligence 
     community the joint officer management policies established 
     by the Goldwater-Nichols Department of Defense Reorganization 
     Act of 1986 (Public Law 99-433) and the amendments on joint 
     officer management made by that Act.

     SEC. 135. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN 
                   APPOINTMENT AND TERMINATION OF CERTAIN 
                   OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED 
                   ACTIVITIES.

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

        Subtitle C--Elements of National Intelligence Authority

     SEC. 141. NATIONAL COUNTERTERRORISM CENTER.

       (a) National Counterterrorism Center.--There is within the 
     National Intelligence Authority a National Counterterrorism 
     Center.
       (b) Director of National Counterterrorism Center.--(1) 
     There is a Director of the National Counterterrorism Center, 
     who shall be the head of the National Counterterrorism 
     Center, who shall be appointed from civilian life by the 
     President, by and with the advice and consent of the Senate.
       (2) Any individual nominated for appointment as the 
     Director of the National Counterterrorism Center shall have 
     significant expertise in matters relating to the national 
     security of the United States and matters relating to 
     terrorism that threatens the national security of the United 
     States.
       (c) Supervision.--(1) The Director of the National 
     Counterterrorism Center shall report to the National 
     Intelligence Director on--
       (A) the budget and programs of the National 
     Counterterrorism Center;
       (B) the activities of the Directorate of Intelligence of 
     the National Counterterrorism Center under subsection (f); 
     and
       (C) the conduct of intelligence operations implemented by 
     other elements of the intelligence community.
       (2) The Director of the National Counterterrorism Center 
     shall report directly to the President and the National 
     Security Council on the planning and progress of joint 
     counterterrorism operations (other than intelligence 
     operations).
       (d) Primary Missions.--The primary missions of the National 
     Counterterrorism Center shall be as follows:
       (1) To unify strategy for the civilian and military 
     counterterrorism efforts of the United States Government.
       (2) To effectively integrate counterterrorism intelligence 
     and operations across agency boundaries, both inside and 
     outside the United States.
       (e) Duties and Responsibilities of Director.--
     Notwithstanding any other provision of law, at the direction 
     of the President and the National Security Council, the 
     Director of the National Counterterrorism Center shall--
       (1) serve, through the National Intelligence Director, as 
     the principal adviser to the President on intelligence 
     operations relating to counterterrorism;
       (2) provide unified strategic direction for the civilian 
     and military counterterrorism efforts of the United States 
     Government and for the effective integration of 
     counterterrorism intelligence and operations across agency 
     boundaries, both inside and outside the United States;
       (3) advise the President and the National Intelligence 
     Director on the extent to which the counterterrorism program 
     recommendations and budget proposals of the departments, 
     agencies, and elements of the United States Government 
     conform to the priorities established by the President and 
     the National Security Council;
       (4) concur in, or advise the President on, the selections 
     of personnel to head the operating entities of the United 
     States Government with principal missions relating to 
     counterterrorism, including the head of the Central 
     Intelligence Agency's Counterterrorist Center, the head of 
     the Counterterrorism Division of the Federal Bureau of 
     Investigation, the coordinator for counterterrorism of the 
     Department of State, and the commanders of the Special 
     Operations Command and the Northern Command within the 
     Department of Defense; and
       (5) perform such other duties as the National Intelligence 
     Director may prescribe or are prescribed by law.
       (f) Directorate of Intelligence.--(1) The Director of the 
     National Counterterrorism Center shall establish and maintain 
     within the National Counterterrorism Center a Directorate of 
     Intelligence.
       (2) The Directorate shall utilize the capabilities of the 
     Terrorist Threat Integration Center (TTIC) transferred to the 
     Directorate by section 182 and such other capabilities as the 
     Director of the National Counterterrorism Center considers 
     appropriate.

[[Page S8892]]

       (3) The Directorate shall have primary responsibility 
     within the United States Government for analysis of terrorism 
     and terrorist organizations from all sources of intelligence, 
     whether collected inside or outside the United States.
       (4) The Directorate shall--
       (A) be the principal repository within the United States 
     Government for all-source information on suspected 
     terrorists, their organizations, and their capabilities;
       (B) propose intelligence collection requirements for action 
     by elements of the intelligence community inside and outside 
     the United States;
       (C) have primary responsibility within the United States 
     Government for net assessments and warnings about terrorist 
     threats, which assessments and warnings shall be based on a 
     comparison of terrorist capabilities with assessed national 
     vulnerabilities; and
       (D) perform such other duties and functions as the Director 
     of the National Counterterrorism Center may prescribe.
       (g) Directorate of Operations.--(1) The Director of the 
     National Counterterrorism Center shall establish and maintain 
     within the National Counterterrorism Center a Directorate of 
     Operations.
       (2)(A) The Directorate shall have primary responsibility 
     within the United States Government for providing guidance 
     and plans, including strategic plans, for joint 
     counterterrorism operations conducted by the United States 
     Government.
       (B) For purposes of subparagraph (A), joint 
     counterterrorism operations are counterterrorism operations 
     that--
       (i) involve, or are likely to involve, more than one 
     executive agency of the United States Government (including 
     the Armed Forces of the United States); or
       (ii) are designated as joint operations by the Director of 
     the National Counterterrorism Center.
       (3) The Directorate shall--
       (A) provide guidance, and develop strategy and plans for 
     operations, to counter terrorist activities based on policy 
     objectives and priorities established by the National 
     Security Council;
       (B) develop plans under subparagraph (A) utilizing input 
     from personnel in other departments, agencies, and elements 
     of the United States Government who have expertise in the 
     priorities, functions, assets, programs, capabilities, and 
     operations of such departments, agencies, and elements with 
     respect to counterterrorism;
       (C) assign responsibilities for counterterrorism operations 
     to the departments, agencies, and elements of the United 
     States Government (including the Department of Defense and 
     the Armed Forces, the Central Intelligence Agency, the 
     Federal Bureau of Investigation, the Department of Homeland 
     Security, and other departments, agencies, and elements of 
     the United States Government), consistent with the 
     authorities of such departments, agencies, and elements, 
     which operations shall be conducted by the department, 
     agency, or element to which assigned and, in the case of 
     operations assigned to units of the Armed Forces, shall 
     require the concurrence of the Secretary of Defense;
       (D) monitor the implementation of operations assigned under 
     subparagraph (C) and update plans for such operations as 
     necessary;
       (E) report to the President and the National Intelligence 
     Director on the compliance of the departments, agencies, and 
     elements of the United States with the plans developed under 
     subparagraph (A); and
       (F) perform such other duties and functions as the Director 
     of the National Counterterrorism Center may prescribe.
       (4) The Directorate may not direct the execution of 
     operations assigned under paragraph (3).
       (h) Staff.--(1) The Director of the National 
     Counterterrorism Center may, in the discretion of the 
     Director, appoint deputy directors of the National 
     Counterterrorism Center to oversee such portions of the 
     operations of the National Counterterrorism Center as the 
     Director considers appropriate.
       (2) To assist the Director of the National Counterterrorism 
     Center in fulfilling the duties and responsibilities of the 
     Director under this section, the Director shall employ and 
     utilize in the National Counterterrorism Center a 
     professional staff having an expertise in matters relating to 
     such duties and responsibilities.
       (3) In providing for a professional staff for the National 
     Counterterrorism Center under paragraph (2), the Director of 
     the National Counterterrorism Center may establish as 
     positions in the excepted service such positions in the 
     Center as the Director considers appropriate.
       (4) The Director of the National Counterterrorism Center 
     shall ensure, with the approval of the National Intelligence 
     Director, that the analytical staff of the National 
     Counterterrorism Center is comprised primarily of experts 
     from elements in the intelligence community and from such 
     other personnel in the United States Government as the 
     Director of the National Counterterrorism Center considers 
     appropriate.
       (5)(A) In order to meet the requirement in paragraph (4), 
     the National Intelligence Director shall--
       (i) transfer to the staff of the National Counterterrorism 
     Center any personnel of another element of the intelligence 
     community that the National Intelligence Director considers 
     appropriate; and
       (ii) in the case of personnel from a department, agency, or 
     element of the United States Government outside the 
     intelligence community, request the transfer of such 
     personnel from the department, agency, or element concerned.
       (B) The head of a department, agency, or element of the 
     United States Government receiving a request for the transfer 
     of personnel under subparagraph (A)(ii) shall, to the extent 
     practicable, approve the request.
       (6) The National Intelligence Director shall ensure that 
     the staff of the National Counterterrorism Center has access 
     to all databases maintained by the elements of the 
     intelligence community that are relevant to the duties of the 
     Center.
       (7) The Director of the National Counterterrorism Center 
     shall evaluate the staff of the National Counterterrorism 
     Center in the performance of their duties.
       (i) Support and Cooperation of Other Agencies.--(1) The 
     elements of the intelligence community and the other 
     departments, agencies, and elements of the United States 
     Government shall support, assist, and cooperate with the 
     National Counterterrorism Center in carrying out its missions 
     under this section.
       (2) The support, assistance, and cooperation of a 
     department, agency, or element of the United States 
     Government under this subsection shall include, but not be 
     limited to--
       (A) the implementation of plans for operations, whether 
     foreign or domestic, that are developed by the National 
     Counterterrorism Center in a manner consistent with the laws 
     and regulations of the United States;
       (B) cooperative work with the Director of the National 
     Counterterrorism Center to ensure that ongoing operations of 
     such department, agency, or element do not conflict with 
     joint operations planned by the Center;
       (C) reports, upon request, to the Director of the National 
     Counterterrorism Center on the progress of such department, 
     agency, or element in implementing responsibilities assigned 
     to such department, agency, or element through joint 
     operations plans; and
       (D) the provision to the analysts of the National 
     Counterterrorism Center electronic access in real time to 
     information and intelligence collected by such department, 
     agency, or element that is relevant to the mission of the 
     Center.
       (3)(A) In the event of a disagreement between the National 
     Counterterrorism Center and the head of a department, agency, 
     or element of the United States Government on a plan 
     developed or responsibility assigned by the Center under this 
     section, the Director of the National Counterterrorism Center 
     shall notify the National Security Council of the 
     disagreement.
       (B) The National Security Council shall resolve each 
     disagreement of which the Council is notified under 
     subparagraph (A).

     SEC. 142. NATIONAL INTELLIGENCE CENTERS.

       (a) National Intelligence Centers.--(1) The National 
     Intelligence Director shall establish within the National 
     Intelligence Authority centers (to be known as ``national 
     intelligence centers'') to address intelligence priorities 
     established by the National Security Council.
       (2) Each national intelligence center shall be assigned an 
     area of intelligence responsibility, whether expressed in 
     terms of a geographic region, in terms of function, or in 
     other terms.
       (3) National intelligence centers shall be established at 
     the direction of the President, as prescribed by law, or upon 
     the initiative of the National Intelligence Director.
       (b) Establishment of Centers.--(1) In establishing a 
     national intelligence center, the National Intelligence 
     Director shall assign lead responsibility for such center to 
     an element of the intelligence community selected by the 
     Director for that purpose.
       (2) The Director shall determine the structure and size of 
     each national intelligence center.
       (3) The Director shall notify Congress of the establishment 
     of a national intelligence center at least 30 days before the 
     date of the establishment of the center.
       (c) Directors of Centers.--(1) Each national intelligence 
     center shall have as its head a Director who shall be 
     appointed by the National Intelligence Director for that 
     purpose.
       (2) The Director of a national intelligence center shall 
     serve as the principal adviser to the National Intelligence 
     Director on intelligence matters with respect to the area of 
     intelligence responsibility assigned to the center.
       (3) In carrying out duties under paragraph (3), the 
     Director of a national intelligence center shall--
       (A) manage the operations of the center;
       (B) coordinate the provision of administration and support 
     by the element of the intelligence community with lead 
     responsibility for the center under subsection (b)(1);
       (C) submit budget and personnel requests for the center to 
     the National Intelligence Director;
       (D) seek such assistance from other departments, agencies, 
     and elements of the United States Government as are needed to 
     fulfill the mission of the center; and
       (E) advise the National Intelligence Director of the 
     information technology, personnel, and other requirements of 
     the center for the performance of its mission.

[[Page S8893]]

       (4) The National Intelligence Director shall ensure that 
     the Director of a national intelligence center has sufficient 
     authority, direction, and control over the center to 
     effectively accomplish the mission of the center.
       (d) Mission of Centers.--(1) Each national intelligence 
     center shall provide all-source analysis of intelligence and 
     propose intelligence collection requirements in the area of 
     intelligence responsibility assigned to the center by the 
     National Intelligence Director pursuant to intelligence 
     priorities established by the National Security Council.
       (2) Within its area of intelligence responsibility, a 
     national intelligence center shall--
       (A) have primary responsibility for strategic analysis of 
     intelligence, fusing all-source intelligence from foreign and 
     domestic sources;
       (B) be the principal repository within the United States 
     Government for all-source information;
       (C) identify and propose requirements and priorities for 
     intelligence collection;
       (D) have primary responsibility within the United States 
     Government for net assessments, where applicable, and 
     warnings;
       (E) ensure that appropriate officials of the United States 
     Government and other appropriate individuals have access to a 
     variety of intelligence assessments and analytical views;
       (F) provide advice and guidance to the President, the 
     National Security Council, the National Intelligence 
     Director, and the heads of other appropriate departments, 
     agencies, and elements of the United States Government; and
       (G) perform such other duties and responsibilities as the 
     National Intelligence Director may prescribe.
       (e) Information Sharing.--(1) The National Intelligence 
     Director shall ensure that the Directors of the national 
     intelligence centers and the other elements of the 
     intelligence community undertake appropriate sharing of 
     intelligence analysis and plans for operations in order to 
     facilitate the activities of the centers.
       (2) In order to facilitate information sharing under 
     paragraph (1), the Directors of the national intelligence 
     centers shall--
       (A) report directly to the National Intelligence Director 
     regarding their activities under this section; and
       (B) coordinate with the Deputy National Intelligence 
     Director regarding such activities.
       (f) Termination of Centers.--(1) The National Intelligence 
     Director may terminate a national intelligence center if the 
     National Intelligence Director determines that the center is 
     no longer required to meet an intelligence priority 
     established by the National Security Council.
       (2) The National Intelligence Director shall notify 
     Congress of the termination of a national intelligence center 
     at least 30 days before the date of the termination of the 
     center.
       (g) Staff of Centers.--(1) The head of an element of the 
     intelligence community shall assign or detail to a national 
     intelligence center such personnel as the National 
     Intelligence Director considers appropriate to carry out the 
     mission of the center.
       (2) Personnel assigned or detailed to a national 
     intelligence center under paragraph (1) shall be under the 
     authority, direction, and control of the Director of the 
     center on all matters for which the center has been assigned 
     responsibility and for all matters related to the 
     accomplishment of the mission of the center.
       (3) Performance evaluations of personnel assigned or 
     detailed to a national intelligence center under this 
     subsection shall be undertaken by the supervisors of such 
     personnel at the center.
       (4) The supervisors of the staff of a national center may, 
     with the approval of the National Intelligence Director, 
     reward the staff of the center for meritorious performance by 
     the provision of such performance awards as the National 
     Intelligence Director shall prescribe.
       (5) The Director of a national intelligence center may 
     recommend to the National Intelligence Director the 
     reassignment to the home element concerned of any personnel 
     previously assigned or detailed to the center from another 
     element of the intelligence community.
       (h) Support.--The element of the intelligence community 
     assigned lead responsibility for a national intelligence 
     center under subsection (b)(1) shall be responsible for the 
     provision of administrative support for the center, including 
     the provision of funds to the center necessary for the 
     administration of the center.

 Subtitle D--Additional Authorities of National Intelligence Authority

     SEC. 151. USE OF APPROPRIATED FUNDS.

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

     SEC. 152. PROCUREMENT AUTHORITIES.

       (a) In General.--In the performance of its functions, the 
     National Intelligence Authority may exercise the authorities 
     referred to in section 3(a) of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403c(a)).
       (b) Treatment as Head of Agency.--For the purpose of the 
     exercise of any authority referred to in subsection (a) with 
     respect to the National Intelligence Authority, a reference 
     to the head of an agency shall be deemed to be a reference to 
     the National Intelligence Director or the Deputy National 
     Intelligence Director.
       (c) Determination and Decisions.--(1) Any determination or 
     decision to be made under an authority referred to in 
     subsection (a) by the head of an agency may be made with 
     respect to individual purchases and contracts or with respect 
     to classes of purchases or contracts, and shall be final.
       (2) Except as provided in paragraph (3), the National 
     Intelligence Director or the Deputy National Intelligence 
     Director may, in such official's discretion, delegate to any 
     officer or other official of the National Intelligence 
     Authority any authority to make a determination or decision 
     as the head of the agency under an authority referred to in 
     subsection (a).
       (3) The limitations and conditions set forth in section 
     3(d) of the Central Intelligence Agency Act of 1949 (50 
     U.S.C. 403c(d)) shall apply to the exercise by the National 
     Intelligence Agency of an authority referred to in subsection 
     (a).
       (4) Each determination or decision required by an authority 
     referred to in the second sentence of section 3(d) of the 
     Central Intelligence Agency Act of 1949 shall be based upon 
     written findings made by the official making such 
     determination or decision, which findings shall be final and 
     shall be available within the National Intelligence Authority 
     for a period of at least six years following the date of such 
     determination or decision.

     SEC. 153. PERSONNEL MATTERS.

       (a) In General.--In addition to the authorities provided in 
     section 134, the National Intelligence Director may exercise 
     with respect to the personnel of the National Intelligence 
     Authority any authority of the Director of the Central 
     Intelligence Agency with respect to the personnel of the 
     Central Intelligence Agency under the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
     applicable provisions of law, as of the date of the enactment 
     of this Act to the same extent, and subject to the same 
     conditions and limitations, that the Director of the Central 
     Intelligence Agency may exercise such authority with respect 
     to personnel of the Central Intelligence Agency.
       (b) Rights and Protections of Employees and Applicants.--
     Employees and applicants for employment of the National 
     Intelligence Authority shall have the same rights and 
     protections under the Authority as employees of the Central 
     Intelligence Agency have under the Central Intelligence 
     Agency Act of 1949, and other applicable provisions of law, 
     as of the date of the enactment of this Act.

     SEC. 154. ETHICS MATTERS.

       (a) Political Service of Personnel.--Section 
     7323(b)(2)(B)(i) of title 5, United States Code, is amended--
       (1) in subclause (XII), by striking ``or'' at the end; and
       (2) by inserting after subclause (XIII) the following new 
     subclause:
       ``(XIV) the National Intelligence Authority; or''.
       (b) Deletion of Information About Foreign Gifts.--Section 
     7342(f)(4) of title 5, United States Code, is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated, by striking 
     ``the Director of Central Intelligence'' and inserting ``the 
     Director of the Central Intelligence Agency''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) In transmitting such listings for the National 
     Intelligence Authority, the National Intelligence Director 
     may delete the information described in subparagraphs (A) and 
     (C) of paragraphs (2) and (3) if the Director certifies in 
     writing to the Secretary of State that the publication of 
     such information could adversely affect United States 
     intelligence sources.''.
       (c) Exemption from Financial Disclosures.--Section 
     105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) is 
     amended by inserting ``the National Intelligence Authority,'' 
     before ``the Central Intelligence Agency''.

     Subtitle E--Additional Improvements of Intelligence Activities

     SEC. 161. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
                   FUNDING INFORMATION.

       (a) Amounts Requested Each Fiscal Year.--The President 
     shall disclose to the public for each fiscal year after 
     fiscal year 2005--
       (1) the aggregate amount of appropriations requested in the 
     budget of the President for the fiscal year concerned for the 
     intelligence and intelligence-related activities of the 
     United States Government; and
       (2) the aggregate amount of appropriations requested in the 
     budget of the President for the fiscal year concerned for 
     each element or component of the intelligence community.
       (b) Amounts Appropriated Each Fiscal Year.--Congress shall 
     disclose to the public for each fiscal year after fiscal year 
     2005--

[[Page S8894]]

       (1) the aggregate amount of funds appropriated by Congress 
     for the fiscal year concerned for the intelligence and 
     intelligence-related activities of the United States 
     Government; and
       (2) the aggregate amount of funds appropriated by Congress 
     for the fiscal year concerned for each element or component 
     of the intelligence community.

     SEC. 162. MERGER OF HOMELAND SECURITY COUNCIL INTO NATIONAL 
                   SECURITY COUNCIL.

       (a) Merger of Homeland Security Council Into National 
     Security Council.--Section 101 of the National Security Act 
     of 1947 (50 U.S.C. 402) is amended--
       (1) in the fourth undesignated paragraph of subsection (a), 
     by striking clauses (5) and (6) and inserting the following 
     new clauses:
       ``(5) the Attorney General;
       ``(6) the Secretary of Homeland Security;''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(3) assess the objectives, commitments, and risks of the 
     United States in the interests of homeland security and make 
     recommendations to the President based on such assessments;
       ``(4) oversee and review the homeland security policies of 
     the Federal Government and make recommendations to the 
     President based on such oversight and review; and
       ``(5) perform such other functions as the President may 
     direct.''.
       (c) Repeal of Superseded Authority.--(1) Title IX of the 
     Homeland Security Act of 2002 (6 U.S.C. 491 et seq.) is 
     repealed.
       (2) The table of contents for that Act is amended by 
     striking the items relating to title IX.

     SEC. 163. REFORM OF CENTRAL INTELLIGENCE AGENCY.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) Covert operations tend to be highly tactical and 
     require close attention. The Central Intelligence Agency 
     should retain responsibility for the direction and execution 
     of clandestine and covert operations. The Central 
     Intelligence Agency should also concentrate on building 
     capabilities to carry out such operations and on providing 
     personnel who will be directing and executing such operations 
     in the field.
       (2) The reconstitution of the analytic and human 
     intelligence collection capabilities of the Central 
     Intelligence Agency requires the undiverted attention of the 
     head of the Central Intelligence Agency.
       (b) Transformation of Central Intelligence Agency.--The 
     Director of the Central Intelligence Agency shall transform 
     the intelligence and intelligence-related capabilities of the 
     Central Intelligence Agency by--
       (1) building the human intelligence capabilities of the 
     clandestine service;
       (2) building the analytic capabilities of the Agency;
       (3) developing a stronger language program;
       (4) renewing emphasis on the recruitment of operations 
     officers of diverse background who can blend in more easily 
     in foreign cities;
       (5) ensuring a seamless relationship between human source 
     collection and signals collection at the operational level; 
     and
       (6) providing for a better balance between unilateral 
     operations and liaison operations.
       (c) Retention of Responsibility for Clandestine and Covert 
     Operations.--The Central Intelligence Agency shall retain 
     responsibility for the direction and execution of clandestine 
     and covert operations as authorized by the President or the 
     National Intelligence Director and assigned by a national 
     intelligence center.

     SEC. 164. PARAMILITARY OPERATIONS.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) Prior to September 11, 2001, the Central Intelligence 
     Agency relied on proxies to conduct paramilitary operations, 
     with unsatisfactory results.
       (2) The United States cannot afford to build two separate 
     capabilities for carrying out paramilitary operations, and 
     therefore should concentrate responsibility and necessary 
     legal authority for such operations in one entity.
       (3) In conducting future paramilitary operations, Central 
     Intelligence Agency experts should be integrated into 
     military training, exercises, and planning, and lead 
     responsibility for directing and executing paramilitary 
     operations should rest with the Department of Defense.
       (b) Sense of Congress on Lead Responsibility for 
     Paramilitary Operations.--The Secretary of Defense should 
     have lead responsibility for directing and executing 
     paramilitary operations, whether clandestine or covert.
       (c) Sense of Congress on Discharge Through Special 
     Operations Command.--In carrying out the responsibility under 
     subsection (b) the Secretary of Defense should--
       (1) assign the Special Operations Command lead 
     responsibility within the Department of Defense for 
     paramilitary operations; and
       (2) consolidate responsibility for such operations with the 
     capabilities for training, direction, and execution of such 
     operations.
       (d) Sense of Congress on Joint Planning.--The Secretary of 
     Defense and the Director of the Central Intelligence Agency 
     should work jointly to plan paramilitary operations.
       (e) Paramilitary Operations Defined.--In this section, the 
     term ``paramilitary operations'' means operations that, by 
     their tactics and requirements in military-type personnel, 
     equipment, and training, approximate conventional military 
     operations, but that are distinguished from conventional 
     military operations through reliance on light infantry, less 
     capability to carry out sustained combat operations involving 
     heavy weapons and less capability of sustaining long-term 
     logistical support.

     SEC. 165. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE 
                   FEDERAL BUREAU OF INVESTIGATION.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) The Federal Bureau of Investigation has made 
     significant progress in improving its intelligence 
     capabilities.
       (2) The Federal Bureau of Investigation must 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 Bureau and to 
     develop and maintain within the Bureau a national security 
     workforce.
       (c) National Security Workforce.--(1) In developing and 
     maintaining a national security workforce under subsection 
     (b), the Director of the Federal Bureau of Investigation 
     shall, subject to the direction and control of the President, 
     develop and maintain a specialized and integrated national 
     security workforce consisting of agents, analysts, linguists, 
     and surveillance specialists who are recruited, trained, and 
     rewarded in a manner which ensures the existence within the 
     Bureau of an institutional culture with substantial expertise 
     in, and commitment to, the intelligence and national security 
     missions 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 security 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 security matters.
       (4) The Director shall--
       (A) require agents and analysts of the Bureau to specialize 
     in either criminal justice matters or national security 
     matters; and
       (B) in furtherance of the requirement under subparagraph 
     (A) and to the maximum extent practicable, afford agents and 
     analysts of the Bureau the opportunity to work in the 
     specialty selected by such agents and analysts 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 and national security missions 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 senior manager of the Bureau 
     shall be a certified intelligence officer.
       (8) The Director shall, to the maximum extent practicable, 
     ensure that the successful completion 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 national security 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 
     office of the Bureau has an official at the deputy level or 
     higher with responsibility for national security 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 and national security missions of the Bureau.
       (3) The Director shall take appropriate actions to ensure 
     the integration of analysts, agents, linguists, and 
     surveillance personnel in the field.
       (e) Budget Matters.--The Director of the Federal Bureau of 
     Investigation shall, in consultation with the Director of the 
     Office of Management and Budget, modify the budget structure 
     of the Federal Bureau of Investigation in order to organize 
     the budget according to the four principal missions of the 
     Bureau as follows:
       (1) Intelligence.
       (2) Counterterrorism and counterintelligence.

[[Page S8895]]

       (3) Crime.
       (4) Criminal justice services.
       (f) Reports.--(1)(A) 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.
       (B) The report required by subparagraph (A) shall include 
     an estimate of the resources required to complete the 
     expansion of secure facilities to carry out the national 
     security mission of the field offices of the Federal Bureau 
     of Investigation.
       (2) The Director shall include in each semiannual program 
     review of the Bureau 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 six months thereafter, the Director 
     shall submit to Congress a report assessing the 
     qualifications, status, and roles of analysts at Bureau 
     headquarters and in the field offices of the Bureau.
       (4) Not later than 180 days after the date of the enactment 
     of this Act, and every six months thereafter, the Director 
     shall submit to Congress a report on the progress of the 
     Bureau in implementing information-sharing principles.
       (5) A report required by this subsection shall be 
     submitted--
       (A) to each committee of Congress that has jurisdiction 
     over the subject matter of such report; and
       (B) in an unclassified form, but may include a classified 
     annex.

     SEC. 166. REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY 
                   REFORM.

       Not later than one year after the date of the enactment of 
     this Act, the National Intelligence Director shall submit to 
     Congress a report on the progress made in the implementation 
     of this 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.

              Subtitle F--Conforming and Other Amendments

     SEC. 171. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY OF 
                   THE CENTRAL INTELLIGENCE AGENCY.

       Title I of the National Security Act of 1947 (50 U.S.C. 402 
     et seq.) is amended by striking sections 102 through 104 and 
     inserting the following new sections:


                     ``central intelligence agency

       ``Sec. 102. (a) Central Intelligence Agency.--There is a 
     Central Intelligence Agency.
       ``(b) Function.--The function of the Central Intelligence 
     Agency is to assist the Director of the Central Intelligence 
     Agency in carrying out the responsibilities specified in 
     section 103(c).


             ``director of the Central Intelligence Agency

       ``Sec. 103. (a) Director of Central Intelligence Agency.--
     (1) There is a Director of the Central Intelligence Agency 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       ``(2) The Director of the Central Intelligence Agency also 
     serves as the Deputy National Intelligence Director for 
     Foreign Intelligence under section 114(b) of the National 
     Intelligence Authority Act of 2004 and, in that capacity, has 
     the duties and responsibilities provided for in paragraph (3) 
     of that section.
       ``(b) Duties.--In the capacity as Director of the Central 
     Intelligence Agency, the Director of the Central Intelligence 
     Agency shall--
       ``(1) carry out the responsibilities specified in 
     subsection (c); and
       ``(2) serve as the head of the Central Intelligence Agency.
       ``(c) Responsibilities.--The Director of the Central 
     Intelligence Agency shall--
       ``(1) collect intelligence through human sources and by 
     other appropriate means, except that the Director of the 
     Central Intelligence Agency shall have no police, subpoena, 
     or law enforcement powers or internal security functions;
       ``(2) correlate and evaluate intelligence related to the 
     national security and provide appropriate dissemination of 
     such intelligence;
       ``(3) perform such additional services as are of common 
     concern to the elements of the intelligence community, which 
     services the National Intelligence Director determines can be 
     more efficiently accomplished centrally; and
       ``(4) perform such other functions and duties related to 
     intelligence affecting the national security as the 
     President, the National Security Council, or the National 
     Intelligence Director may direct.
       ``(d) Termination of Employment of CIA Employees.--(1) 
     Notwithstanding the provisions of any other law, the Director 
     of the Central Intelligence Agency may, in the discretion of 
     the Director, terminate the employment of any officer or 
     employee of the Central Intelligence Agency whenever the 
     Director considers the termination of employment of such 
     officer or employee necessary or advisable in the interests 
     of the United States.
       ``(2) Any termination of employment of an officer or 
     employee under paragraph (1) shall not affect the right of 
     the officer or employee to seek or accept employment in any 
     other department, agency, or element of the United States 
     Government if declared eligible for such employment by the 
     Office of Personnel Management.''.

     SEC. 172. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
                   INTELLIGENCE DIRECTOR AND DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       (a) National Security Act of 1947.--(1) The National 
     Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in the following provisions and inserting ``National 
     Intelligence Director'':
       (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
       (B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
       (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
       (D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
       (E) Section 101(j) (50 U.S.C. 402(j)).
       (F) Section 105(a) (50 U.S.C. 403-5(a)).
       (G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
       (H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
       (I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place 
     it appears.
       (J) Section 110(b) (50 U.S.C. 404e(b)).
       (K) Section 110(c) (50 U.S.C. 404e(c)).
       (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
       (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
       (N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
       (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
       (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
       (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
       (S) Section 115(b) (50 U.S.C. 404j(b)).
       (T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
       (U) Section 116(a) (50 U.S.C. 404k(a)).
       (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
       (W) Section 303(a) (50 U.S.C. 405(a)), both places it 
     appears.
       (X) Section 501(d) (50 U.S.C. 413(d)).
       (Y) Section 502(a) (50 U.S.C. 413a(a)).
       (Z) Section 502(c) (50 U.S.C. 413a(c)).
       (AA) Section 503(b) (50 U.S.C. 413b(b)).
       (BB) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
       (CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
       (DD) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
       (EE) Section 603(a) (50 U.S.C. 423(a)).
       (FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
       (GG) Section 702(a)(6)(B)(viii) (50 U.S.C. 
     432(a)(6)(B)(viii)).
       (HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places 
     it appears.
       (II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
       (JJ) Section 703(a)(6)(B)(viii) (50 U.S.C. 
     432a(a)(6)(B)(viii)).
       (KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places 
     it appears.
       (LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
       (MM) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
       (NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places 
     it appears.
       (OO) Section 1001(a) (50 U.S.C. 441g(a)).
       (PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
       (QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
       (RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
       (SS) Section 1102(d) (50 U.S.C. 442a(d)).
       (2) That Act is further amended by striking ``of Central 
     Intelligence'' each place it appears in the following 
     provisions:
       (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
       (B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
       (C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place 
     it appears.
       (3) That Act is further amended by striking ``Director'' 
     each place it appears in the following provisions and 
     inserting ``National Intelligence Director'':
       (A) Section 114(c) (50 U.S.C. 404i(c)).
       (B) Section 116(b) (50 U.S.C. 404k(b)).
       (C) Section 1001(b) (50 U.S.C. 441g(b)).
       (C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it 
     appears.
       (D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
       (E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it 
     appears.
       (4) Section 114A of that Act (50 U.S.C. 404i-1) is amended 
     by striking ``Director of Central Intelligence'' and 
     inserting ``National Intelligence Director, the Director of 
     the Central Intelligence Agency''
       (5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``Director of the Central Intelligence Agency''.
       (6) Section 701 of that Act (50 U.S.C. 431) is amended--
       (A) in subsection (a), by striking ``Operational files of 
     the Central Intelligence Agency may be exempted by the 
     Director of Central Intelligence'' and inserting ``The 
     Director of the Central Intelligence Agency, with the 
     coordination of the National Intelligence Director, may 
     exempt operational files of the Central Intelligence 
     Agency''; and
       (B) in subsection (g)(1), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of the Central 
     Intelligence Agency and the National Intelligence Director''.
       (7) The heading for section 114 of that Act (50 U.S.C. 
     404i) is amended to read as follows:


 ``additional annual reports from the national intelligence director''.

       (b) Central Intelligence Agency Act of 1949.--(1) The 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et 
     seq.) is amended

[[Page S8896]]

     by striking ``Director of Central Intelligence'' each place 
     it appears in the following provisions and inserting 
     ``National Intelligence Director'':
       (A) Section 6 (50 U.S.C. 403g).
       (B) Section 17(f) (50 U.S.C. 403q(f)), both places it 
     appears.
       (2) That Act is further amended by striking ``of Central 
     Intelligence'' in each of the following provisions:
       (A) Section 2 (50 U.S.C. 403b).
       (B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
       (C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
       (D) Section 20(c) (50 U.S.C. 403t(c)).
       (3) That Act is further amended by striking ``Director of 
     Central Intelligence'' each place it appears in the following 
     provisions and inserting ``Director of the Central 
     Intelligence Agency'':
       (A) Section 14(b) (50 U.S.C. 403n(b)).
       (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
       (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 
     appears.
       (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
       (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
       (c) Central Intelligence Agency Retirement Act.--Section 
     101 of the Central Intelligence Agency Retirement Act (50 
     U.S.C. 2001) is amended by striking paragraph (2) and 
     inserting the following new paragraph (2):
       ``(2) Director.--The term `Director' means the Director of 
     the Central Intelligence Agency.''.
       (d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of 
     section 2 of the Central Intelligence Agency Voluntary 
     Separation Pay Act (50 U.S.C. 2001 note) is amended to read 
     as follows:
       ``(1) the term `Director' means the Director of the Central 
     Intelligence Agency;''.
       (e) Foreign Intelligence Surveillance Act of 1978.--(1) The 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.) is amended by striking ``Director of Central 
     Intelligence'' each place it appears and inserting ``National 
     Intelligence Director''.
       (f) Classified Information Procedures Act.--Section 9(a) of 
     the Classified Information Procedures Act (5 U.S.C. App.) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``National Intelligence Director''.
       (g) Intelligence Authorization Acts.--
       (1) Public law 103-359.--Section 811(c)(6)(C) of the 
     Counterintelligence and Security Enhancements Act of 1994 
     (title VIII of Public Law 103-359) is amended by striking 
     ``Director of Central Intelligence'' and inserting ``National 
     Intelligence Director''.
       (2) Public law 107-306.--(A) The Intelligence Authorization 
     Act for Fiscal Year 2003 (Public Law 107-306) is amended by 
     striking ``Director of Central Intelligence, acting as the 
     head of the intelligence community,'' each place it appears 
     in the following provisions and inserting ``National 
     Intelligence Director'':
       (i) Section 313(a) (50 U.S.C. 404n(a)).
       (ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
       (B) That Act is further amended by striking ``Director of 
     Central Intelligence'' each place it appears in the following 
     provisions and inserting ``National Intelligence Director'':
       (i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
       (ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
       (iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
       (iv) Section 904(h) (50 U.S.C. 402c(h)), each place it 
     appears.
       (v) Section 904(m) (50 U.S.C. 402c(m)).
       (C) Section 341 of that Act (50 U.S.C. 404n-1) is amended 
     by striking ``Director of Central Intelligence, acting as the 
     head of the intelligence community, shall establish in the 
     Central Intelligence Agency'' and inserting ``National 
     Intelligence Director shall establish within the Central 
     Intelligence Agency''.
       (D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is 
     amended by striking ``Director'' and inserting ``National 
     Intelligence Director''.
       (3) Public law 108-177.--(A) The Intelligence Authorization 
     Act for Fiscal Year 2004 (Public Law 108-177) is amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in the following provisions and inserting ``National 
     Intelligence Director'':
       (i) Section 317(a) (50 U.S.C. 403-3 note).
       (ii) Section 317(h)(1).
       (iii) Section 318(a) (50 U.S.C. 441g note).
       (iv) Section 319(b) (50 U.S.C. 403 note).
       (v) Section 341(b) (28 U.S.C. 519 note).
       (vi) Section 357(a) (50 U.S.C. 403 note).
       (vii) Section 504(a) (117 Stat. 2634), both places it 
     appears.
       (B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is 
     amended by striking ``Director'' the first place it appears 
     and inserting ``National Intelligence Director''.
       (C) Section 404 of that Act (18 U.S.C. 4124 note) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``Director of the Central Intelligence Agency''.

     SEC. 173. OTHER CONFORMING AMENDMENTS

       (a) National Security Act of 1947.--(1) Section 101(j) of 
     the National Security Act of 1947 (50 U.S.C. 402(j)) is 
     amended by striking ``Deputy Director of Central 
     Intelligence'' and inserting ``Deputy National Intelligence 
     Director''.
       (2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is 
     amended by striking ``section 103(c)(6) of this Act'' and 
     inserting ``section 132(a)(9) of the National Intelligence 
     Authority Act of 2004''.
       (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is 
     amended by striking ``to the Deputy Director of Central 
     Intelligence, or with respect to employees of the Central 
     Intelligence Agency, the Director may delegate such authority 
     to the Deputy Director for Operations'' and inserting ``to 
     the Deputy National Intelligence Director, or with respect to 
     employees of the Central Intelligence Agency, to the Director 
     of the Central Intelligence Agency''.
       (4) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) 
     is amended by striking ``Office of the Deputy Director of 
     Central Intelligence'' and inserting ``Office of the National 
     Intelligence Director''.
       (5) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is 
     amended by striking ``Office of the Director of Central 
     Intelligence'' and inserting ``Office of the National 
     Intelligence Director''.
       (6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is 
     amended by striking ``Assistant Director of Central 
     Intelligence for Administration'' and inserting ``Office of 
     the National Intelligence Director''.
       (b) Central Intelligence Act of 1949.--Section 6 of the 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is 
     amended by striking ``section 103(c)(7) of the National 
     Security Act of 1947 (50 U.S.C. 403-3(c)(7))'' and inserting 
     ``section 132(a)(9) of the National Intelligence Authority 
     Act of 2004''.
       (c) Central Intelligence Agency Retirement Act.--Section 
     201(c) of the Central Intelligence Agency Retirement Act (50 
     U.S.C. 2011(c)) is amended by striking ``paragraph (6) of 
     section 103(c) of the National Security Act of 1947 (50 
     U.S.C. 403-3(c)) that the Director of Central Intelligence'' 
     and inserting ``section 132(a)(9) of the National 
     Intelligence Authority Act of 2004 that the National 
     Intelligence Director''.
       (d) Intelligence Authorization Acts.--
       (1) Public law 107-306.--(A) Section 343(c) of the 
     Intelligence Authorization Act for Fiscal Year 2003 (Public 
     Law 107-306; 50 U.S.C. 404n-2(c)) is amended by striking 
     ``section 103(c)(6) of the National Security Act of 1947 (50 
     U.S.C. 403-3((c)(6))'' and inserting ``section 132(a)(9) of 
     the National Intelligence Authority Act of 2004''.
       (B) Section 904 of that Act (50 U.S.C. 402c) is amended--
       (i) in subsection (c), by striking ``Office of the Director 
     of Central Intelligence'' and inserting ``Office of the 
     National Intelligence Director''; and
       (ii) in subsection (l), by striking ``Office of the 
     Director of Central Intelligence'' and inserting ``Office of 
     the National Intelligence Director''.
       (2) Public law 108-177.--Section 317 of the Intelligence 
     Authorization Act for Fiscal Year 2004 (Public Law 108-177; 
     50 U.S.C. 403-3 note) is amended--
       (A) in subsection (g), by striking ``Assistant Director of 
     Central Intelligence for Analysis and Production'' and 
     inserting ``Deputy National Intelligence Director''; and
       (B) in subsection (h)(2)(C), by striking ``Assistant 
     Director'' and inserting ``Deputy National Intelligence 
     Director''.

     SEC. 174. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL 
                   SECURITY ACT OF 1947.

       Paragraph (4) of section 3 of the National Security Act of 
     1947 (50 U.S.C. 401a) is amended to read as follows:
       ``(4) The term `intelligence community' includes the 
     following:
       ``(A) The National Intelligence Authority.
       ``(B) The Central Intelligence Agency.
       ``(C) The National Security Agency.
       ``(D) The Defense Intelligence Agency.
       ``(E) The National Geospatial-Intelligence Agency.
       ``(F) The National Reconnaissance Office.
       ``(G) Other offices within the Department of Defense for 
     the collection of specialized national intelligence through 
     reconnaissance programs.
       ``(H) The intelligence elements of the Army, the Navy, the 
     Air Force, the Marine Corps, the Federal Bureau of 
     Investigation, and the Department of Energy.
       ``(I) The Bureau of Intelligence and Research of the 
     Department of State.
       ``(J) The Office of Intelligence and Analysis of the 
     Department of the Treasury.
       ``(K) The elements of the Department of Homeland Security 
     concerned with the analysis of intelligence information, 
     including the Office of Intelligence of the Coast Guard.
       ``(L) Such other elements of any other department or agency 
     as may be designated by the President, or designated jointly 
     by the National Intelligence Director and the head of the 
     department or agency concerned, as an element of the 
     intelligence community.''.

     SEC. 175. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE 
                   PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.

       (a) Redesignation.--Paragraph (6) of section 3 of the 
     National Security Act of 1947 (50 U.S.C. 401a) is amended to 
     read as follows:
       ``(6) The term `National Intelligence Program'--
       ``(A)(i) refers to all national intelligence programs, 
     projects, and activities of the elements of the intelligence 
     community; and
       ``(ii) includes all programs, projects, and activities 
     (whether or not pertaining to national intelligence) of the 
     National Intelligence Authority, the Central Intelligence 
     Agency, the National Security Agency, the National 
     Geospatial-Intelligence Agency, the National Reconnaissance 
     Office, the Office of Intelligence of the Federal Bureau of 
     Investigation, and the Directorate of Information Analysis 
     and Infrastructure Protection of the Department of Homeland 
     Security; but
       ``(B) does not refer--

[[Page S8897]]

       ``(i) to any program, project, or activity pertaining 
     solely to the requirements of a single department, agency, or 
     element of the United States Government; or
       ``(ii) to any program, project, or activity of the military 
     departments to acquire intelligence solely for the planning 
     and conduct of tactical military operations by the United 
     States Armed Forces.''.
       (b) Conforming Amendments.--(1) The National Security Act 
     of 1947, as amended by this Act, is further amended by 
     striking ``National Foreign Intelligence Program'' each place 
     it appears in the following provisions and inserting 
     ``National Intelligence Program'':
       (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
       (B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
       (C) Section 506(a) (50 U.S.C. 415a(a)).
       (2) Section 17(f) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403q(f)) is amended by striking ``National 
     Foreign Intelligence Program'' and inserting ``National 
     Intelligence Program''.
       (c) Heading Amendments.--(1) The heading of section 105 of 
     that Act is amended by striking ``foreign''.
       (2) The heading of section 506 of that Act is amended by 
     striking ``foreign''.

     SEC. 176. REPEAL OF SUPERSEDED AUTHORITIES.

       (a) Appointment of Certain Intelligence Officials.--Section 
     106 of the National Security Act of 1947 (50 U.S.C. 403-6) is 
     repealed.
       (b) Collection Tasking Authority.--Section 111 of the 
     National Security Act of 1947 (50 U.S.C. 404f) is repealed.

     SEC. 177. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 
                   1947.

       The table of contents for the National Security Act of 1947 
     is amended--
       (1) by striking the items relating to sections 102 through 
     104 and inserting the following new items:

``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.'';

       (2) by striking the item relating to section 105 and 
     inserting the following new item:

``Sec 105. Responsibilities of the Secretary of Defense pertaining to 
              the National Intelligence Program.'';

       (3) by striking the item relating to section 114 and 
     inserting the following new item:

``Sec. 114. Additional annual reports from the National Intelligence 
              Director.'';

       and
       (4) by striking the item relating to section 506 and 
     inserting the following new item:

``Sec. 506. Specificity of National Intelligence Program budget amounts 
              for counterterrorism, counterproliferation, 
              counternarcotics, and counterintelligence''.

     SEC. 178. CONFORMING AMENDMENTS RELATING TO DUAL SERVICE OF 
                   CERTAIN OFFICIALS AS DEPUTY NATIONAL 
                   INTELLIGENCE DIRECTORS.

       (a) Director of Central Intelligence Agency.--Section 1 of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) 
     is amended--
       (1) by redesignating paragraphs (a), (b), and (c) as 
     paragraphs (1), (2), and (3), respectively; and
       (2) by striking paragraph (2), as so redesignated, and 
     inserting the following new paragraph (2):
       ``(2) `Director' means the Director of the Central 
     Intelligence Agency; and''.
       (b) Under Secretary of Defense for Intelligence.--Section 
     137 of title 10, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``The appointment of an individual as Under 
     Secretary is subject to the provisions of section 135(c) of 
     the National Intelligence Authority Act of 2004.''; and
       (2) in subsection (b)--
       (A) by inserting ``(1)'' after ``(a)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) In addition to the duties and powers provided for 
     under paragraph (1), the Under Secretary of Defense for 
     Intelligence also serves as Deputy National Intelligence 
     Director for Defense Intelligence under section 114(c) of the 
     National Intelligence Authority Act of 2004, and, in that 
     capacity, has the duties and responsibilities set forth in 
     paragraph (3) of such section.''.
       (c) Under Secretary of Homeland Security for Information 
     Analysis and Infrastructure Protection.--Section 201(a) of 
     the Homeland Security Act of 2002 (6 U.S.C. 201(a)) is 
     amended--
       (1) in paragraph (1), by adding at the end the following 
     new sentence: ``The appointment of an individual as Under 
     Secretary is subject to the provisions of section 135(c) of 
     the National Intelligence Authority Act of 2004.''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Concurrent service as deputy national intelligence 
     director for homeland intelligence.--Upon the election of the 
     National Intelligence Director, the Under Secretary also 
     serves as the Deputy National Intelligence Director for 
     Homeland Intelligence under section 114(d) of the National 
     Intelligence Authority Act of 2004, and, in that capacity, 
     has the duties and responsibilities set forth in paragraph 
     (3) of such section.''.
       (d) Executive Assistant Director for Intelligence of FBI.--
     Upon the election of the National Intelligence Director, the 
     Executive Assistant Director for Intelligence of the Federal 
     Bureau of Investigation also serves as the Deputy National 
     Intelligence Director for Homeland Intelligence under section 
     114(d), and, in that capacity, has the duties and 
     responsibilities set forth in paragraph (3) of such section.

     SEC. 179. CONFORMING AMENDMENT TO INSPECTOR GENERAL ACT OF 
                   1978.

       Section 8H(a)(1) of the Inspector General Act of 1978 (5 
     U.S.C. App.) is amended by adding at the end the following 
     new subparagraph:
       ``(D) An employee of the National Intelligence Authority, 
     or of a contractor of the Authority, who intends to report to 
     Congress a complaint or information with respect to an urgent 
     concern may report the complaint or information to the 
     Inspector General of the National Intelligence Authority in 
     accordance with section 131(h)(5) of the National 
     Intelligence Authority Act of 2004.''.

                       Subtitle G--Other Matters

     SEC. 181. TRANSFER OF COMMUNITY MANAGEMENT STAFF.

       (a) Transfer.--There shall be transferred to the Office of 
     the National Intelligence Director the staff of the Community 
     Management Staff as of the date of the enactment of this Act, 
     including all functions and activities discharged by the 
     Community Management Staff as of that date.
       (b) Administration.--The National Intelligence Director 
     shall administer the Community Management Staff after the 
     date of the enactment of this Act as a component of the 
     Office of the National Intelligence Director under section 
     113(d)(2).

     SEC. 182. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

       (a) Transfer.--There shall be transferred to the National 
     Counterterrorism Center the Terrorist Threat Integration 
     Center (TTIC), including all functions and activities 
     discharged by the Terrorist Threat Integration Center as of 
     the date of the enactment of this Act.
       (b) Administration.--The Director of the National 
     Counterterrorism Center shall administer the Terrorist Threat 
     Integration Center after the date of the enactment of this 
     Act as a component of the Directorate of Intelligence of the 
     National Counterterrorism Center under section 141(f)(2).

     SEC. 183. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF 
                   CENTRAL INTELLIGENCE.

       (a) Termination.--The positions within the Central 
     Intelligence Agency referred to in subsection (b) are hereby 
     abolished.
       (b) Covered Positions.--The positions within the Central 
     Intelligence Agency referred to in this subsection are as 
     follows:
       (1) The 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. 184. TERMINATION OF JOINT MILITARY INTELLIGENCE PROGRAM.

       Effective as of October 1, 2005, the Joint Military 
     Intelligence Program is abolished.

     SEC. 185. EXECUTIVE SCHEDULE MATTERS.

       (a) Executive Schedule Level I.--Section 5312 of title 5, 
     United States Code, is amended by adding the end the 
     following new item:
       ``National Intelligence Director.''.
       (b) Executive Schedule Level II.--Section 5313 of title 5, 
     United States Code, is amended by adding at the end the 
     following new items:
       ``Deputy National Intelligence Director.
       ``Director of the National Counterterrorism Center.''.
       (c) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended by striking the item relating 
     to the Assistant Directors of Central Intelligence.

     SEC. 186. PRESERVATION OF INTELLIGENCE CAPABILITIES.

       The National Intelligence Director, the Director of the 
     Central Intelligence Agency, and the Secretary of Defense 
     shall jointly take such actions as are appropriate to 
     preserve the intelligence capabilities of the United States 
     during the establishment of the National Intelligence 
     Authority under this title.

     SEC. 187. GENERAL REFERENCES.

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

                     TITLE II--INFORMATION SHARING

     SEC. 201. INFORMATION SHARING.

       (a) Definitions.--In this section:

[[Page S8898]]

       (1) Network.--The term ``Network'' means the Information 
     Sharing Network described in subsection (c).
       (2) Terrorism information.--The term ``terrorism 
     information'' means all information, whether collected, 
     produced, or distributed by intelligence, law enforcement, 
     military, homeland security, or other activities, relating 
     to--
       (A) the existence, organization, capabilities, plans, 
     intentions, vulnerabilities, means of finance or material 
     support, or activities of foreign or international terrorist 
     groups or individuals, or of domestic groups or individuals 
     involved in transnational terrorism;
       (B) threats posed by such groups or individuals to the 
     United States, United States persons, or United States 
     interests, or to those of other nations;
       (C) communications of or by such groups or individuals; or
       (D) information relating to groups or individuals 
     reasonably believed to be assisting or associated with such 
     groups or individuals.
       (b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) The effective use of information, from all available 
     sources, is essential to the fight against terror and the 
     protection of our homeland. The biggest impediment to all-
     source analysis, and to a greater likelihood of ``connecting 
     the dots'', is resistance to sharing information.
       (2) The United States Government has access to a vast 
     amount of information, including not only traditional 
     intelligence but also other government databases, such as 
     those containing customs or immigration information. But the 
     United States Government has a weak system for processing and 
     using the information it has.
       (3) In the period leading up to September 11, 2001, there 
     were instances of potentially helpful information that was 
     available but that no person knew to ask for; information 
     that was distributed only in compartmented channels; and 
     information that was requested but could not be shared.
       (4) Current security requirements nurture 
     overclassification and excessive compartmentalization of 
     information among agencies. Each agency's incentive structure 
     opposes sharing, with risks, including criminal, civil, and 
     administrative sanctions, but few rewards for sharing 
     information.
       (5) The current system, in which each intelligence agency 
     has its own security practices, requires a demonstrated 
     ``need to know'' before sharing. This approach assumes that 
     it is possible to know, in advance, who will need to use the 
     information. An outgrowth of the cold war, such a system 
     implicitly assumes that the risk of inadvertent disclosure 
     outweighs the benefits of wider sharing. Such assumptions are 
     no longer appropriate. Although counterintelligence concerns 
     are still real, the costs of not sharing information are also 
     substantial. The current ``need-to-know'' culture of 
     information protection needs to be replaced with a ``need-to-
     share'' culture of integration.
       (6) A new approach to the sharing of terrorism information 
     is urgently needed. An important conceptual model for a new 
     ``trusted information network'' is the Systemwide Homeland 
     Analysis and Resource Exchange (SHARE) Network proposed by a 
     task force of leading professionals assembled by the Markle 
     Foundation and described in reports issued in October 2002 
     and December 2003.
       (7) No single agency can create a meaningful information 
     sharing system on its own. Alone, each agency can only 
     modernize stovepipes, not replace them. Presidential 
     leadership is required to bring about governmentwide change.
       (c) Information Sharing Network.--
       (1) Establishment.--The President shall establish an 
     information sharing network to promote the sharing of 
     terrorism information, in a manner consistent with national 
     security and the protection of privacy and civil liberties.
       (2) Attributes.--The Network shall promote coordination, 
     communication and collaboration of people and information 
     among all relevant Federal departments and agencies, State, 
     tribal, and local authorities, and relevant private sector 
     entities, including owners and operators of critical 
     infrastructure, by using policy guidelines and technologies 
     that support--
       (A) a decentralized, distributed, and coordinated 
     environment that connects existing systems where appropriate 
     and allows users to share information horizontally across 
     agencies, vertically between levels of government, and, as 
     appropriate, with the private sector;
       (B) building on existing systems capabilities at relevant 
     agencies;
       (C) utilizing industry best practices, including minimizing 
     the centralization of data and seeking to use common tools 
     and capabilities whenever possible;
       (D) employing an information rights management approach 
     that controls access to data rather than to whole networks;
       (E) facilitating the sharing of information at and across 
     all levels of security by using policy guidelines and 
     technologies that support writing information that can be 
     broadly shared;
       (F) providing directory services for locating people and 
     information;
       (G) incorporating protections for individuals' privacy and 
     civil liberties;
       (H) incorporating mechanisms for information security; and
       (I) access controls, authentication and authorization, 
     audits, and other strong mechanisms for information security 
     and privacy guideline enforcement across all levels of 
     security, in order to enhance accountability and facilitate 
     oversight.
       (d) Immediate Steps.--Not later than 90 days after the date 
     of enactment of this Act, the President, through the Director 
     of Management and Budget and in consultation with the 
     National Intelligence Director, the Attorney General, the 
     Secretary of Homeland Security, the Secretary of Defense, the 
     Secretary of State, the Director of the Federal Bureau of 
     Investigation, the Director of the Central Intelligence 
     Agency, and such other Federal officials as the President 
     shall designate, shall--
       (1) establish electronic directory services to assist in 
     locating in the Federal Government terrorism information and 
     people with relevant knowledge about terrorism information; 
     and
       (2) conduct a review of relevant current Federal agency 
     capabilities, including a baseline inventory of current 
     Federal systems that contain terrorism information, the money 
     currently spent to maintain those systems, and identification 
     of other information that should be included in the Network.
       (e) Guidelines.--As soon as possible, but in no event later 
     than 180 days after the date of enactment of this Act, the 
     President shall--
       (1) in consultation with the National Intelligence Director 
     and the Advisory Council on Information Sharing established 
     in subsection (g), issue guidelines for acquiring, accessing, 
     sharing, and using terrorism information, including 
     guidelines to ensure such information is provided in its most 
     shareable form, such as by separating out data from the 
     sources and methods by which they are obtained;
       (2) in consultation with the Privacy and Civil Liberties 
     Oversight Board established under section 901, issue 
     guidelines that--
       (A) protect privacy and civil liberties in the development 
     and use of the Network; and
       (B) shall be made public, unless, and only to the extent 
     that, nondisclosure is clearly necessary to protect national 
     security;
       (3) establish objective, systemwide performance measures to 
     enable the assessment of progress toward achieving full 
     implementation of the Network; and
       (4) require Federal departments and agencies to promote a 
     culture of information sharing by--
       (A) reducing disincentives to information sharing, 
     including overclassification of information and unnecessary 
     requirements for originator approval; and
       (B) providing affirmative incentives for information 
     sharing, such as the incorporation of information sharing 
     performance measures into agency and managerial evaluations, 
     and employee awards for promoting innovative information 
     sharing practices.
       (f) System Design and Implementation Plan.--Not later than 
     270 days after the date of enactment of this Act, the 
     President shall submit to Congress a system design and 
     implementation plan for the Network. The plan shall be 
     prepared by the President through the Director of Management 
     and Budget and in consultation with the National Intelligence 
     Director, the Attorney General, the Secretary of Homeland 
     Security, the Secretary of Defense, the Secretary of State, 
     the Director of the Federal Bureau of Investigation, the 
     Director of the Central Intelligence Agency, and such other 
     Federal officials as the President shall designate, and shall 
     include--
       (1) a description of the parameters of the proposed 
     Network, including functions, capabilities, and resources;
       (2) a description of the technological, legal, and policy 
     issues presented by the creation of the Network described in 
     subsection (c), and the ways in which these issues will be 
     addressed;
       (3)(A) a delineation of the roles of the Federal 
     departments and agencies that will participate in the 
     development of the Network, including--
       (i) identification of any agency that will build the 
     infrastructure needed to operate and manage the Network (as 
     distinct from the individual agency components that are to be 
     part of the Network); and
       (ii) identification of any agency that will operate and 
     manage the Network (as distinct from the individual agency 
     components that are to be part of the Network);
       (B) a provision that the delineation of roles under 
     subparagraph (A) shall--
       (i) be consistent with the authority of the National 
     Intelligence Director, under this Act, to set standards for 
     information sharing and information technology throughout the 
     intelligence community; and
       (ii) recognize the role of the Department of Homeland 
     Security in coordinating with State, tribal, and local 
     officials and the private sector;
       (4) a description of the technological requirements to 
     appropriately link and enhance existing networks and a 
     description of the system design that will meet these 
     requirements;
       (5) a plan, including a time line, for the development and 
     phased implementation of the Network;
       (6) total budget requirements to develop and implement the 
     Network, including the estimated annual cost for each of the 
     5 years following the date of enactment of this Act; and

[[Page S8899]]

       (7) proposals for any legislation that the President 
     believes necessary to implement the Network.
       (g) Advisory Council on Information Sharing.--
       (1) Establishment.--There is established an Advisory 
     Council on Information Sharing (in this subsection referred 
     to as the ``Council'').
       (2) Membership.--No more than 25 individuals may serve as 
     members of the Council, which shall include--
       (A) the National Intelligence Director, who shall serve as 
     Chairman of the Council;
       (B) the Secretary of Homeland Security;
       (C) the Secretary of Defense;
       (D) the Attorney General;
       (E) the Secretary of State;
       (F) the Director of the Central Intelligence Agency;
       (G) the Director of the Federal Bureau of Investigation;
       (H) the Director of Management and Budget;
       (I) such other Federal officials as the President shall 
     designate;
       (J) representatives of State, tribal, and local 
     governments, to be appointed by the President;
       (K) individuals from outside government with expertise in 
     relevant technology, security and privacy concepts, to be 
     appointed by the President; and
       (L) individuals who are employed in private businesses or 
     nonprofit organizations that own or operate critical 
     infrastructure, to be appointed by the President.
       (3) Responsibilities.--The Council shall--
       (A) advise the President and the heads of relevant Federal 
     departments and agencies on the implementation of the 
     Network;
       (B) ensure that there is coordination among participants in 
     the Network in the development and implementation of the 
     Network;
       (C) review, on an ongoing basis, policy, legal and 
     technology issues related to the implementation of the 
     Network; and
       (D) establish a dispute resolution process to resolve 
     disagreements among departments and agencies about whether 
     particular terrorism information should be shared and in what 
     manner.
       (4) Inapplicability of Federal Advisory Committee Act.--The 
     Council shall not be subject to the requirements of the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       (5) Informing the public.--The Council shall hold public 
     hearings and otherwise inform the public of its activities, 
     as appropriate and in a manner consistent with the protection 
     of classified information and applicable law.
       (6) Council reports.--Not later than 1 year after the date 
     of enactment of this Act and annually thereafter, the 
     National Intelligence Director, in the capacity of Chairman 
     of the Council, shall submit a report to Congress that shall 
     include--
       (A) a description of the activities and accomplishments of 
     the Council in the preceding year; and
       (B) the number and dates of the meetings held by the 
     Council and a list of attendees at each meeting.
       (h) Presidential Reports.--Not later than 1 year after the 
     date of enactment of this Act, and semiannually thereafter, 
     the President shall submit a report to Congress on the state 
     of the Network. The report shall include--
       (1) a progress report on the extent to which the Network 
     has been implemented, including how the Network has fared on 
     the governmentwide and agency-specific performance measures 
     and whether the performance goals set in the preceding year 
     have been met;
       (2) objective systemwide performance goals for the 
     following year;
       (3) an accounting of how much was spent on the Network in 
     the preceding year;
       (4) actions taken to ensure that agencies procure new 
     technology that is consistent with the Network and 
     information on whether new systems and technology are 
     consistent with the Network;
       (5) the extent to which, in appropriate circumstances, all 
     terrorism watch lists are available for combined searching in 
     real time through the Network and whether there are 
     consistent standards for placing individuals on, and removing 
     individuals from, the watch lists, including the availability 
     of processes for correcting errors;
       (6) the extent to which unnecessary roadblocks or 
     disincentives to information sharing, including the 
     inappropriate use of paper-only intelligence products and 
     requirements for originator approval, have been eliminated;
       (7) the extent to which positive incentives for information 
     sharing have been implemented;
       (8) the extent to which classified information is also made 
     available through the Network, in whole or in part, in 
     unclassified form;
       (9) the extent to which State, tribal, and local 
     officials--
       (A) are participating in the Network;
       (B) have systems which have become integrated into the 
     Network;
       (C) are providing as well as receiving information; and
       (D) are using the Network to communicate with each other;
       (10) the extent to which--
       (A) private sector data, including information from owners 
     and operators of critical infrastructure, is incorporated in 
     the Network; and
       (B) the private sector is both providing and receiving 
     information;
       (11) where private sector data has been used by the 
     Government or has been incorporated into the Network--
       (A) the measures taken to protect sensitive business 
     information; and
       (B) where the data involves information about individuals, 
     the measures taken to ensure the accuracy of such data;
       (12) the measures taken by the Federal Government to ensure 
     the accuracy of other information on the Network and, in 
     particular, the accuracy of information about individuals;
       (13) an assessment of the Network's privacy protections, 
     including actions taken in the preceding year to implement or 
     enforce privacy protections and a report of complaints 
     received about interference with an individual's privacy or 
     civil liberties; and
       (14) an assessment of the security protections of the 
     Network.
       (i) Agency Plans and Reports.--Each Federal department or 
     agency that possesses or uses terrorism information or that 
     otherwise participates, or expects to participate, in the 
     Network, shall submit to the Director of Management and 
     Budget and to Congress--
       (1) not later than 1 year after the enactment of this Act, 
     a report including--
       (A) a strategic plan for implementation of the Network's 
     requirements within the department or agency;
       (B) objective performance measures to assess the progress 
     and adequacy of the department's or agency's information 
     sharing efforts; and
       (C) budgetary requirements to integrate the department or 
     agency into the Network, including projected annual 
     expenditures for each of the following 5 years following the 
     submission of the reports; and
       (2) annually thereafter, reports including--
       (A) an assessment of the department's or agency's progress 
     in complying with the Network's requirements, including how 
     well the department or agency has performed on the objective 
     measures developed under paragraph (1);
       (B) the department's or agency's expenditures to implement 
     and comply with the Network's requirements in the preceding 
     year;
       (C) the department's or agency's plans for further 
     implementation of the Network in the year following the 
     submission of the report.
       (j) Periodic Assessments.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and periodically thereafter, the 
     Government Accountability Office shall review and evaluate 
     the implementation of the Network, both generally and, at its 
     discretion, within specific departments and agencies, to 
     determine the extent of compliance with the Network's 
     requirements and to assess the effectiveness of the Network 
     in improving information sharing and collaboration and in 
     protecting privacy and civil liberties, and shall report to 
     Congress on its findings.
       (2) Inspectors general.--The Inspector General in any 
     Federal department or agency that possesses or uses terrorism 
     information or that otherwise participates in the Network 
     shall, at the discretion of the Inspector General--
       (A) conduct audits or investigations to--
       (i) determine the compliance of that department or agency 
     with the Network's requirements; and
       (ii) assess the effectiveness of that department or agency 
     in improving information sharing and collaboration and in 
     protecting privacy and civil liberties; and
       (B) issue reports on such audits and investigations.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $50,000,000 to the Director of Management and Budget to 
     carry out this section for fiscal year 2005; and
       (2) such sums as are necessary to carry out this section in 
     each fiscal year thereafter, to be disbursed and allocated in 
     accordance with the Network system design and implementation 
     plan required by subsection (f).

                    TITLE III--CONGRESSIONAL REFORM

     SEC. 301. FINDINGS.

       Consistent with the report of the National Commission on 
     Terrorist Attacks Upon the United States, Congress makes the 
     following findings:
       (1) The American people are not served well by current 
     congressional rules and resolutions governing intelligence 
     and homeland security oversight.
       (2) A unified Executive Branch effort on fighting terrorism 
     will not be effective unless it is matched by a unified 
     effort in Congress, specifically a strong, stable, and 
     capable congressional committee structure to give the 
     intelligence agencies and Department of Homeland Security 
     sound oversight, support, and leadership.
       (3) The intelligence committees of the Senate and the House 
     of Representatives are not organized to provide strong 
     leadership and oversight for intelligence and 
     counterterrorism.
       (4) Jurisdiction over the Department of Homeland Security, 
     which is scattered among many committees in each chamber, 
     does not allow for the clear authority and responsibility 
     needed for effective congressional oversight.
       (5) Congress should either create a new, joint Senate-House 
     intelligence authorizing committee modeled on the former 
     Joint

[[Page S8900]]

     Committee on Atomic Energy, or establish new intelligence 
     committees in each chamber with combined authorization and 
     appropriations authority.
       (6) Congress should establish a single, principal point of 
     oversight and review in each chamber for the Department of 
     Homeland Security and the report of the National Commission 
     on Terrorist Attacks Upon the United States stated that 
     ``Congressional leaders are best able to judge what committee 
     should have jurisdiction over this department and its 
     duties.''.
       (7) In August 2004, the joint Senate leadership created a 
     bipartisan working group to examine how best to implement the 
     Commission's recommendations with respect to reform of the 
     Senate's oversight of intelligence and homeland security, and 
     directed the working group to begin its work immediately and 
     to present its findings and recommendations to Senate 
     leadership as expeditiously as possible.

     SEC. 302. REORGANIZATION OF CONGRESSIONAL JURISDICTION.

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

                   TITLE IV--PRESIDENTIAL TRANSITION

     SEC. 401. PRESIDENTIAL TRANSITION.

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

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

     SEC. 501. REPORT ON TERRORIST SANCTUARIES.

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

[[Page S8901]]

       (B) An outline of strategies for disrupting or eliminating 
     the security provided to terrorists by such sanctuaries.
       (C) A description of efforts by the United States 
     Government to work with other countries in bilateral and 
     multilateral fora to address or eliminate actual or potential 
     terrorist sanctuaries and disrupt or eliminate the security 
     provided to terrorists by such sanctuaries.
       (D) A description of long-term goals and actions designed 
     to reduce the conditions that allow the formation of 
     terrorist sanctuaries, such as supporting and strengthening 
     host governments, reducing poverty, increasing economic 
     development, strengthening civil society, securing borders, 
     strengthening internal security forces, and disrupting 
     logistics and communications networks of terrorist groups.

     SEC. 502. ROLE OF PAKISTAN IN COUNTERING TERRORISM.

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

     SEC. 503. AID TO AFGHANISTAN.

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

[[Page S8902]]

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

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

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

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

     SEC. 506. UNITED STATES POLICY TOWARD DICTATORSHIPS.

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

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

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) Although the United States has demonstrated and 
     promoted its values in defending Muslims against tyrants and 
     criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, 
     this message is not always clearly presented in the Islamic 
     world.
       (2) If the United States does not act to vigorously define 
     its message in the Islamic world, the image of the United 
     States will be defined by Islamic extremists who seek to 
     demonize the United States.
       (3) Recognizing that many Arab and Muslim audiences rely on 
     satellite television and radio, the United States Government 
     has launched promising initiatives in television and radio 
     broadcasting to the Arab world, Iran, and Afghanistan.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States must do more to defend and promote 
     its values and ideals to the broadest possible audience in 
     the Islamic world;
       (2) United States efforts to defend and promote these 
     values and ideals are beginning to ensure that accurate 
     expressions of these values reach large audiences in the 
     Islamic world and should be robustly supported;
       (3) the United States Government could and should do more 
     to engage the Muslim world in the struggle of ideas; and
       (4) the United States Government should more intensively 
     employ existing broadcast media in the Islamic world as part 
     of this engagement.
       (c) Report on Outreach Strategy.--
       (1) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, the President shall submit 
     to Congress a report on the strategy of the United States 
     Government for expanding its outreach to foreign Muslim 
     audiences through broadcast media.
       (2) Content.--The report shall include the following:
       (A) The initiatives of the Broadcasting Board of Governors 
     and the public diplomacy activities of the Department of 
     State with respect to outreach to foreign Muslim audiences.
       (B) An outline of recommended actions that the United 
     States Government should take to more regularly and 
     comprehensively present a United States point of view through 
     indigenous broadcast media in countries with sizable Muslim 
     populations, including increasing appearances by United 
     States Government officials, experts, and citizens.
       (C) An assessment of potential incentives for, and costs 
     associated with, encouraging United States broadcasters to 
     dub or subtitle into Arabic and other relevant languages 
     their news and public affairs programs broadcast in the 
     Muslim world in order to

[[Page S8903]]

     present those programs to a much broader Muslim audience than 
     is currently reached.
       (D) Any recommendations the President may have for 
     additional funding and legislation necessary to achieve the 
     objectives of the strategy.
       (d) Authorizations of Appropriations.--There are authorized 
     to be appropriated to the President to carry out United 
     States Government broadcasting activities under the United 
     States Information and Educational Exchange Act of 1948 (22 
     U.S.C. 1431 et seq.), the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), and the 
     Foreign Affairs Reform and Restructuring Act of 1998 (22 
     U.S.C. 6501 et seq.), and to carry out other activities under 
     this section consistent with the purposes of such Acts, the 
     following amounts:
       (1) International broadcasting operations.--For 
     International Broadcasting Operations--
       (A) $717,160,000 for fiscal year 2005; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2006 through 2009.
       (2) Broadcasting capital improvements.--For Broadcasting 
     Capital Improvements--
       (A) $11,040,000 for fiscal year 2005; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2006 through 2009.

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

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

[[Page S8904]]

     the exchange visitor program authorized by paragraph (1), 
     such United States sponsoring organization shall report 
     regularly to the Secretary on the progress it has made to 
     implement such program.
       (f) Report on Expediting Visas for Participants in 
     Exchange, Scholarship, and Visitors Programs.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary and the Secretary of 
     Homeland Security shall submit to Congress a report on 
     expediting the issuance of visas to individuals who are 
     entering the United States for the purpose of participating 
     in a scholarship, exchange, or visitor program authorized in 
     subsection (d) or (e) without compromising the security of 
     the United States.
       (2) Recommendations.--The report required by paragraph (1) 
     shall include--
       (A) the recommendations of the Secretary and the Secretary 
     of Homeland Security, if any, for methods to expedite the 
     processing of requests for such visas; and
       (B) a proposed schedule for implementing any 
     recommendations described in subparagraph (A).
       (g) Authorization of Appropriations.--Of the amounts 
     authorized to be appropriated for educational and cultural 
     exchange programs for fiscal year 2005, there is authorized 
     to be appropriated to the Department of State $60,000,000 to 
     carry out programs under this section.

     SEC. 509. INTERNATIONAL YOUTH OPPORTUNITY FUND.

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

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

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

     SEC. 511. MIDDLE EAST PARTNERSHIP INITIATIVE.

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

     SEC. 512. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING 
                   TERRORISM.

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

[[Page S8905]]

       (b) International Contact Group on Counterterrorism.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President--
       (A) should seek to engage the leaders of the governments of 
     other countries in a process of advancing beyond separate and 
     uncoordinated national counterterrorism strategies to develop 
     with those other governments a comprehensive coalition 
     strategy to fight Islamist terrorism; and
       (B) to that end, should seek to establish an international 
     counterterrorism policy contact group with the leaders of 
     governments providing leadership in global counterterrorism 
     efforts and governments of countries with sizable Muslim 
     populations, to be used as a ready and flexible international 
     means for discussing and coordinating the development of 
     important counterterrorism policies by the participating 
     governments.
       (2) Authority.--The President is authorized to establish an 
     international counterterrorism policy contact group with the 
     leaders of governments referred to in paragraph (1) for 
     purposes as follows:
       (A) To develop in common with such other countries 
     important policies and a strategy that address the various 
     components of international prosecution of the war on 
     terrorism, including policies and a strategy that address 
     military issues, law enforcement, the collection, analysis, 
     and dissemination of intelligence, issues relating to 
     interdiction of travel by terrorists, counterterrorism-
     related customs issues, financial issues, and issues relating 
     to terrorist sanctuaries.
       (B) To address, to the extent (if any) that the President 
     and leaders of other participating governments determine 
     appropriate, such long-term issues as economic and political 
     reforms that can contribute to strengthening stability and 
     security in the Middle East.

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

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

     SEC. 514. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) Al Qaeda has tried to acquire or make weapons of mass 
     destruction since 1994 or earlier.
       (2) The United States doubtless would be a prime target for 
     use of any such weapon by al Qaeda.
       (3) Although the United States Government has redoubled its 
     international commitments to supporting the programs for 
     Cooperative Threat Reduction and other nonproliferation 
     assistance programs, nonproliferation experts continue to 
     express deep concern about the United States Government's 
     commitment and approach to securing the weapons of mass 
     destruction and related highly dangerous materials that are 
     still scattered among Russia and other countries of the 
     former Soviet Union.
       (4) The cost of increased investment in the prevention of 
     proliferation of weapons of mass destruction and related 
     dangerous materials is greatly outweighed by the potentially 
     catastrophic cost to the United States of use of weapons of 
     mass destruction or related dangerous materials by the 
     terrorists who are so eager to acquire them.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) maximum effort to prevent the proliferation of weapons 
     of mass destruction, wherever such proliferation may occur, 
     is warranted; and
       (2) the programs of the United States Government to prevent 
     or counter the proliferation of weapons of mass destruction, 
     including the Proliferation Security Initiative, the programs 
     for Cooperative Threat Reduction, and other nonproliferation 
     assistance programs, should be expanded, improved, and better 
     funded to address the global dimensions of the proliferation 
     threat.
       (c) Requirement for Strategy.--Not later than 180 days 
     after the date of the enactment of this Act, the President 
     shall submit to Congress--
       (1) a strategy for expanding and strengthening the 
     Proliferation Security Initiative, the programs for 
     Cooperative Threat Reduction, and other nonproliferation 
     assistance programs; and
       (2) an estimate of the funding necessary to execute that 
     strategy.

[[Page S8906]]

       (d) Report on Reforming the Cooperative Threat Reduction 
     Program and Other Non-Proliferation Assistance Programs.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the President shall submit to Congress a report 
     evaluating whether the United States could more effectively 
     address the global threat of nuclear proliferation by--
       (1) establishing a central coordinator for the programs for 
     Cooperative Threat Reduction;
       (2) eliminating the requirement that the President spend no 
     more than $50,000,000 annually on programs for Cooperative 
     Threat Reduction and other non-proliferation assistance 
     programs carried out outside the former Soviet Union; or
       (3) repealing the provisions of the Soviet Nuclear Threat 
     Reduction Act of 1991 (22 U.S.C. 2551 note) that place 
     conditions on assistance to the former Soviet Union unrelated 
     to bilateral cooperation on weapons dismantlement.

     SEC. 515. FINANCING OF TERRORISM.

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

           TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING

     SEC. 601. COUNTERTERRORIST TRAVEL INTELLIGENCE.

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

[[Page S8907]]

       (C) address the feasibility of using these technologies to 
     screen every passport submitted for identification purposes 
     to a United States consular, border, or immigration official.
       (3) Training program.--
       (A) In general.--The Secretary of Homeland Security and the 
     Secretary of State shall develop and implement an initial and 
     annual training program for consular, border, and immigration 
     officials to teach such officials how to effectively detect 
     and disrupt terrorist travel. The Secretary may assist State, 
     local, and tribal governments, and private industry, in 
     establishing training programs related to terrorist travel 
     intelligence.
       (B) Training topics.--The training developed under this 
     paragraph shall include training in--
       (i) methods for identifying fraudulent documents;
       (ii) detecting terrorist indicators on travel documents;
       (iii) recognizing travel patterns, tactics, and behaviors 
     exhibited by terrorists;
       (iv) the use of information contained in available 
     databases and data systems and procedures to maintain the 
     accuracy and integrity of such systems; and
       (v) other topics determined necessary by the Secretary of 
     Homeland Security and the Secretary of State.
       (C) Certification.--Not later than 1 year after the date of 
     enactment of this Act--
       (i) the Secretary of Homeland Security shall certify to 
     Congress that all border and immigration officials have 
     received training under this paragraph; and
       (ii) the Secretary of State shall certify to Congress that 
     all consular officers have received training under this 
     paragraph.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2005 through 2009 such sums as may be necessary to 
     carry out the provisions of this subsection.
       (d) Enhancing Classified Counterterrorist Travel Efforts.--
       (1) In general.--The National Intelligence Director shall 
     significantly increase resources and personnel to the small 
     classified program that collects and analyzes intelligence on 
     terrorist travel.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated for each of the fiscal years 2005 through 
     2009 such sums as may be necessary to carry out this 
     subsection.

     SEC. 602. INTEGRATED SCREENING SYSTEM.

       (a) In General.--The Secretary of Homeland Security shall 
     develop a plan for a comprehensive integrated screening 
     system.
       (b) Design.--The system planned under subsection (a) shall 
     be designed to--
       (1) encompass an integrated network of screening points 
     that includes the Nation's border security system, 
     transportation system, and critical infrastructure or 
     facilities that the Secretary determines need to be protected 
     against terrorist attack;
       (2) build upon existing border enforcement and security 
     activities, and to the extent practicable, private sector 
     security initiatives, in a manner that will enable the 
     utilization of a range of security check points in a 
     continuous and consistent manner throughout the Nation's 
     screening system;
       (3) allow access to government databases to detect 
     terrorists; and
       (4) utilize biometric identifiers that the Secretary 
     determines to be appropriate and feasible.
       (c) Standards for Screening Procedures.--
       (1) Authorization.--The Secretary may promulgate standards 
     for screening procedures for--
       (A) entering and leaving the United States;
       (B) accessing Federal facilities that the Secretary 
     determines need to be protected against terrorist attack;
       (C) accessing critical infrastructure that the Secretary 
     determines need to be protected against terrorist attack; and
       (D) accessing modes of transportation that the Secretary 
     determines need to be protected against terrorist attack.
       (2) Scope.--Standards prescribed under this subsection may 
     address a range of factors, including technologies required 
     to be used in screening and requirements for secure 
     identification.
       (3) Requirements.--In promulgating standards for screening 
     procedures, the Secretary shall--
       (A) consider and incorporate appropriate civil liberties 
     and privacy protections;
       (B) comply with the Administrative Procedure Act; and
       (C) consult with other Federal, State, local, and tribal 
     governments, and other interested parties, as appropriate.
       (4) Limitation.--This section does not confer to the 
     Secretary new statutory authority, or alter existing 
     authorities, over systems, critical infrastructure, and 
     facilities.
       (5) Notification.--If the Secretary determines that 
     additional regulatory authority is needed to fully implement 
     the plan for an integrated screening system, the Secretary 
     shall immediately notify Congress.
       (d) Compliance.--The Secretary may issue regulations to 
     ensure compliance with the standards promulgated under this 
     section.
       (e) Consultation.--For those systems, critical 
     infrastructure, and facilities that the Secretary determines 
     need to be protected against terrorist attack, the Secretary 
     shall consult with other Federal agencies, State, local, and 
     tribal governments, and the private sector to ensure the 
     development of consistent standards and consistent 
     implementation of the integrated screening system.
       (f) Biometric Identifiers.--In carrying out this section, 
     the Secretary shall continue to review biometric technologies 
     and existing Federal and State programs using biometric 
     identifiers. Such review shall consider the accuracy rate of 
     available technologies.
       (g) Implementation.--
       (1) Phase i.--The Secretary shall--
       (A) issue standards for driver's licenses, personal 
     identification cards, and birth certificates, as required 
     under section 606;
       (B) develop plans for, and begin implementation of, a 
     single program for registered travelers to expedite travel 
     across the border, as required under section 603(e);
       (C) continue the implementation of a biometric exit and 
     entry data system that links to relevant databases and data 
     systems, as required by subsections (b) and (c) of section 
     603 and other existing authorities;
       (D) centralize the ``no-fly'' and ``automatic-selectee'' 
     lists, making use of improved terrorists watch lists, as 
     required by section 703;
       (E) develop plans, in consultation with other relevant 
     agencies, for the sharing of terrorist information with 
     trusted governments, as required by section 605;
       (F) initiate any other action determined appropriate by the 
     Secretary to facilitate the implementation of this paragraph; 
     and
       (G) report to Congress on the implementation of phase I, 
     including--
       (i) the effectiveness of actions taken, the efficacy of 
     resources expended, compliance with statutory provisions, and 
     safeguards for privacy and civil liberties; and
       (ii) plans for the development and implementation of phases 
     II and III.
       (2) Phase ii.--The Secretary shall--
       (A) complete the implementation of a single program for 
     registered travelers to expedite travel across the border, as 
     required by section 603(e);
       (B) complete the implementation of a biometric entry and 
     exit data system that links to relevant databases and data 
     systems, as required by subsections (b) and (c) of section 
     603, and other existing authorities;
       (C) in cooperation with other relevant agencies, engage in 
     dialogue with foreign governments to develop plans for the 
     use of common screening standards;
       (D) initiate any other action determined appropriate by the 
     Secretary to facilitate the implementation of this paragraph; 
     and
       (E) report to Congress on the implementation of phase II, 
     including--
       (i) the effectiveness of actions taken, the efficacy of 
     resources expended, compliance with statutory provisions, and 
     safeguards for privacy and civil liberties; and
       (ii) the plans for the development and implementation of 
     phase III.
       (3) Phase iii.--The Secretary shall--
       (A) finalize and deploy the integrated screening system 
     required by subsection (a);
       (B) in cooperation with other relevant agencies, promote 
     the implementation of common screening standards by foreign 
     governments; and
       (C) report to Congress on the implementation of Phase III, 
     including--
       (i) the effectiveness of actions taken, the efficacy of 
     resources expended, compliance with statutory provisions, and 
     safeguards for privacy and civil liberties; and
       (ii) the plans for the ongoing operation of the integrated 
     screening system.
       (h) Report.--After phase III has been implemented, the 
     Secretary shall submit a report to Congress every 3 years 
     that describes the ongoing operation of the integrated 
     screening system, including its effectiveness, efficient use 
     of resources, compliance with statutory provisions, and 
     safeguards for privacy and civil liberties.
       (i) Authorizations.--There are authorized to be 
     appropriated to the Secretary for each of the fiscal years 
     2005 through 2009, such sums as may be necessary to carry out 
     the provisions of this section.

     SEC. 603. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

       (a) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress finds that completing a biometric entry and exit 
     data system as expeditiously as possible is an essential 
     investment in efforts to protect the United States by 
     preventing the entry of terrorists.
       (b) Plan and Report.--
       (1) Development of plan.--The Secretary of Homeland 
     Security shall develop a plan to accelerate the full 
     implementation of an automated biometric entry and exit data 
     system required by applicable sections of--
       (A) the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208);
       (B) the Immigration and Naturalization Service Data 
     Management Improvement Act of 2000 (Public Law 106-205);
       (C) the Visa Waiver Permanent Program Act (Public Law 106-
     396);
       (D) the Enhanced Border Security and Visa Entry Reform Act 
     of 2002 (Public Law 107-173); and
       (E) the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).

[[Page S8908]]

       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress on the plan developed under paragraph (1), which 
     shall contain--
       (A) a description of the current functionality of the entry 
     and exit data system, including--
       (i) a listing of ports of entry with biometric entry data 
     systems in use and whether such screening systems are located 
     at primary or secondary inspection areas;
       (ii) a listing of ports of entry with biometric exit data 
     systems in use;
       (iii) a listing of databases and data systems with which 
     the automated entry and exit data system are interoperable;
       (iv) a description of--

       (I) identified deficiencies concerning the accuracy or 
     integrity of the information contained in the entry and exit 
     data system;
       (II) identified deficiencies concerning technology 
     associated with processing individuals through the system; 
     and
       (III) programs or policies planned or implemented to 
     correct problems identified in subclause (I) or (II); and

       (v) an assessment of the effectiveness of the entry and 
     exit data system in fulfilling its intended purposes, 
     including preventing terrorists from entering the United 
     States;
       (B) a description of factors relevant to the accelerated 
     implementation of the biometric entry and exit system, 
     including--
       (i) the earliest date on which the Secretary estimates that 
     full implementation of the biometric entry and exit data 
     system can be completed;
       (ii) the actions the Secretary will take to accelerate the 
     full implementation of the biometric entry and exit data 
     system at all ports of entry through which all aliens must 
     pass that are legally required to do so; and
       (iii) the resources and authorities required to enable the 
     Secretary to meet the implementation date described in clause 
     (i);
       (C) a description of any improvements needed in the 
     information technology employed for the entry and exit data 
     system; and
       (D) a description of plans for improved or added 
     interoperability with any other databases or data systems.
       (c) Integration Requirement.--Not later than 2 years after 
     the date of enactment of this Act, the Secretary shall 
     integrate the biometric entry and exit data system with all 
     databases and data systems maintained by the United States 
     Citizenship and Immigration Services that process or contain 
     information on aliens.
       (d) Maintaining Accuracy and Integrity of Entry and Exit 
     Data System.--
       (1) In general.--The Secretary, in consultation with other 
     appropriate agencies, shall establish rules, guidelines, 
     policies, and operating and auditing procedures for 
     collecting, removing, and updating data maintained in, and 
     adding information to, the entry and exit data system, and 
     databases and data systems linked to the entry and exit data 
     system, that ensure the accuracy and integrity of the data.
       (2) Requirements.--The rules, guidelines, policies, and 
     procedures established under paragraph (1) shall--
       (A) incorporate a simple and timely method for--
       (i) correcting errors; and
       (ii) clarifying information known to cause false hits or 
     misidentification errors; and
       (B) include procedures for individuals to seek corrections 
     of data contained in the data systems.
       (e) Expediting Registered Travelers Across International 
     Borders.--
       (1) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress finds that--
       (A) expediting the travel of previously screened and known 
     travelers across the borders of the United States should be a 
     high priority; and
       (B) the process of expediting known travelers across the 
     border can permit inspectors to better focus on identifying 
     terrorists attempting to enter the United States.
       (2) Definition.--The term ``registered traveler program'' 
     means any program designed to expedite the travel of 
     previously screened and known travelers across the borders of 
     the United States.
       (3) Registered travel plan.--
       (A) In general.--As soon as is practicable, the Secretary 
     shall develop and implement a plan to expedite the processing 
     of registered travelers who enter and exit the United States 
     through a single registered traveler program.
       (B) Integration.--The registered traveler program developed 
     under this paragraph shall be integrated into the automated 
     biometric entry and exit data system described in this 
     section.
       (C) Review and evaluation.--In developing the program under 
     this paragraph, the Secretary shall--
       (i) review existing programs or pilot projects designed to 
     expedite the travel of registered travelers across the 
     borders of the United States;
       (ii) evaluate the effectiveness of the programs described 
     in clause (i), the costs associated with such programs, and 
     the costs to travelers to join such programs; and
       (iii) increase research and development efforts to 
     accelerate the development and implementation of a single 
     registered traveler program.
       (4) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the Department's progress on the 
     development and implementation of the plan required by this 
     subsection.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary, for each of the fiscal 
     years 2005 through 2009, such sums as may be necessary to 
     carry out the provisions of this section.

     SEC. 604. TRAVEL DOCUMENTS.

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

     SEC. 605. EXCHANGE OF TERRORIST INFORMATION.

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

[[Page S8909]]

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

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

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

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

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

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

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

     ``SEC. 890C. SOCIAL SECURITY CARDS.

       ``(a) Security Enhancements.--The Commissioner of Social 
     Security shall--
       ``(1) within 180 days after the date of enactment of this 
     section, issue regulations to restrict the issuance of 
     multiple replacement social security cards to any individual 
     to minimize fraud;
       ``(2) within 1 year after the date of enactment of this 
     section, require independent verification of all records 
     provided by an applicant for an original social security 
     card, other than for purposes of enumeration at birth; and
       ``(3) within 18 months after the date of enactment of this 
     section, add death, fraud, and work authorization indicators 
     to the social security number verification system.
       ``(b) Interagency Security Task Force.--The Secretary and 
     the Commissioner of Social Security shall form an interagency 
     task force for the purpose of further improving the security 
     of social security cards and

[[Page S8910]]

     numbers. Within 1 year after the date of enactment of this 
     section, the task force shall establish security 
     requirements, including--
       ``(1) standards for safeguarding social security cards from 
     counterfeiting, tampering, alteration, and theft;
       ``(2) requirements for verifying documents submitted for 
     the issuance of replacement cards; and
       ``(3) actions to increase enforcement against the 
     fraudulent use or issuance of social security numbers and 
     cards.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Commissioner of Social 
     Security for each of the fiscal years 2005 through 2009, such 
     sums as may be necessary to carry out this section.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 656 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is 
     repealed.
       (2) Section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-296; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 890 the following:

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

                   TITLE VII--TRANSPORTATION SECURITY

     SEC. 701. DEFINITIONS.

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

     SEC. 702. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.

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

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

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

     SEC. 704. ENHANCED PASSENGER AND CARGO SCREENING.

       (a) Aircraft Passenger Screening at Checkpoints.--
       (1) Detection of explosives.--
       (A) Improvement of capabilities.--As soon as practicable 
     after the date of the enactment of this Act, the Secretary of 
     Homeland Security shall take such action as is necessary to 
     improve the capabilities at passenger screening checkpoints, 
     especially at commercial airports, to detect explosives 
     carried aboard aircraft by passengers or placed aboard 
     aircraft by passengers.
       (B) Interim action.--Until measures are implemented that 
     enable the screening of all passengers for explosives, the 
     Secretary shall take immediate measures to require 
     Transportation Security Administration or other screeners to 
     screen for explosives any individual identified for 
     additional screening before that individual may board an 
     aircraft.
       (2) Implementation report.--
       (A) Requirement for report.--Within 90 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall transmit to the Senate and the House of 
     Representatives a report on how the Secretary intends to 
     achieve the objectives of the actions required under 
     paragraph (1). The report shall include an implementation 
     schedule.
       (B) Classified information.--The Secretary may submit 
     separately in classified form any information in the report 
     under subparagraph (A) that involves information that is 
     properly classified under criteria established by Executive 
     order.

[[Page S8911]]

       (b) Acceleration of Research and Development on, and 
     Deployment of, Detection of Explosives.--
       (1) Required action.--The Secretary of Homeland Security, 
     in consultation with the Secretary of Transportation, shall 
     take such action as may be necessary to accelerate research 
     and development and deployment of technology for screening 
     aircraft passengers for explosives during or before the 
     aircraft boarding process.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this subsection for each of fiscal 
     years 2005 through 2009.
       (c) Improvement of Screener Job Performance.--
       (1) Required action.--The Secretary of Homeland Security 
     shall take such action as may be necessary to improve the job 
     performance of airport screening personnel.
       (2) Human factors study.--In carrying out this subsection, 
     the Secretary shall, not later than 180 days after the date 
     of the enactment of this Act, conduct a human factors study 
     in order better to understand problems in screener 
     performance and to set attainable objectives for individual 
     screeners and screening checkpoints.
       (d) Checked Baggage and Cargo.--
       (1) In-line baggage screening.--The Secretary of Homeland 
     Security shall take such action as may be necessary to 
     expedite the installation and use of advanced in-line 
     baggage-screening equipment at commercial airports.
       (2) Cargo security.--The Secretary shall take such action 
     as may be necessary to ensure that the Transportation 
     Security Administration increases and improves its efforts to 
     screen potentially dangerous cargo.
       (3) Hardened containers.--The Secretary, in consultation 
     with the Secretary of Transportation, shall require air 
     carriers to deploy at least 1 hardened container for 
     containing baggage or cargo items in each passenger aircraft 
     that also carries cargo.
       (e) Cost-Sharing.--Not later than 45 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with representatives of air 
     carriers, airport operators, and other interested parties, 
     shall submit to the Senate and the House of Representatives--
       (1) a proposed formula for cost-sharing, for the advanced 
     in-line baggage screening equipment required by this title, 
     between and among the Federal Government, State and local 
     governments, and the private sector that reflects 
     proportionate national security benefits and private sector 
     benefits for such enhancement; and
       (2) recommendations, including recommended legislation, for 
     an equitable, feasible, and expeditious system for defraying 
     the costs of the advanced in-line baggage screening equipment 
     required by this title, which may be based on the formula 
     proposed under paragraph (1).

                   TITLE VIII--NATIONAL PREPAREDNESS

     SEC. 801. HOMELAND SECURITY ASSISTANCE.

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

     SEC. 802. THE INCIDENT COMMAND SYSTEM.

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

     SEC. 803. NATIONAL CAPITAL REGION MUTUAL AID.

       (a) Definitions.--In this section:
       (1) Authorized representative of the federal government.--
     The term ``authorized representative of the Federal 
     Government'' means any individual or individuals designated 
     by the President with respect to the executive branch, the 
     Chief Justice with respect to the Federal judiciary, or the 
     President of the Senate and Speaker of the House of 
     Representatives with respect to Congress, or their designees, 
     to request assistance under a Mutual Aid Agreement for an 
     emergency or public service event.
       (2) Chief operating officer.--The term ``chief operating 
     officer'' means the official designated by law to declare an 
     emergency in and for the locality of that chief operating 
     officer.
       (3) Emergency.--The term ``emergency'' means a major 
     disaster or emergency declared by the President, or a state 
     of emergency declared by the Mayor of the District of 
     Columbia, the Governor of the State of Maryland or the 
     Commonwealth of Virginia, or the declaration of a local 
     emergency by the chief operating officer of a locality, or 
     their designees, that triggers mutual aid under the terms of 
     a Mutual Aid Agreement.
       (4) Employee.--The term ``employee'' means the employees of 
     the party, including

[[Page S8912]]

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

     SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY.

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

     SEC. 805. URBAN AREA COMMUNICATIONS CAPABILITIES.

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

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

       ``The Secretary, in consultation with the Federal 
     Communications Commission and the Secretary of Defense, and 
     with appropriate governors, mayors, and other State and local 
     government officials, shall encourage and support the 
     establishment of consistent and effective communications 
     capabilities in the event of an emergency in urban areas 
     determined by the Secretary to

[[Page S8913]]

     be at consistently high levels of risk from terrorist attack. 
     Such communications capabilities shall ensure the ability of 
     all levels of government agencies, including military 
     authorities, and of first responders, hospitals, and other 
     organizations with emergency response capabilities to 
     communicate with each other in the event of an emergency. 
     Additionally, the Secretary, in conjunction with the 
     Secretary of Defense, shall develop plans to provide back-up 
     and additional communications support in the event of an 
     emergency.''.
       (b) Technical and Conforming Amendment.--Section 1(b) of 
     that Act is amended by inserting after the item relating to 
     section 509 the following:

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

     SEC. 806. PRIVATE SECTOR PREPAREDNESS.

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

     ``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.

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

``Sec. 511. Private sector preparedness program.''.

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

     SEC. 807. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.

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

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

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

                TITLE IX--PROTECTION OF CIVIL LIBERTIES

     SEC. 901. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

       (a) In General.--There is established within the Executive 
     Office of the President a Privacy and Civil Liberties 
     Oversight Board (referred to in this title as the ``Board'').
       (b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) In conducting the war on terrorism, the Government may 
     need additional powers and may need to enhance the use of its 
     existing powers.
       (2) This shift of power and authority to the Government 
     calls for an enhanced system of checks and balances to 
     protect the precious liberties that are vital to our way of 
     life and to ensure that the Government uses its powers for 
     the purposes for which the powers were given.
       (c) Purpose.--The Board shall--
       (1) analyze and review actions the Executive Branch takes 
     to protect the Nation from terrorism; and
       (2) ensure that liberty concerns are appropriately 
     considered in the development and implementation of laws, 
     regulations, and policies related to efforts to protect the 
     Nation against terrorism.
       (d) Functions.--
       (1) Advice and counsel on policy development and 
     implementation.--The Board shall--
       (A) review proposed legislation, regulations, and policies 
     related to efforts to protect the Nation from terrorism, 
     including the development and adoption of information sharing 
     guidelines under section 201(e);
       (B) review the implementation of new and existing 
     legislation, regulations, and policies related to efforts to 
     protect the Nation from terrorism, including the 
     implementation of information sharing guidelines under 
     section 201(e);
       (C) advise the President and Federal executive departments 
     and agencies to ensure that privacy and civil liberties are 
     appropriately considered in the development and 
     implementation of such legislation, regulations, policies, 
     and guidelines; and
       (D) in providing advice on proposals to retain or enhance a 
     particular governmental power, consider whether the executive 
     department or agency has explained--

[[Page S8914]]

       (i) that the power actually materially enhances security; 
     and
       (ii) that there is adequate supervision of the executive's 
     use of the power to ensure protection of civil liberties.
       (2) Oversight.--The Board shall continually review--
       (A) the regulations, policies, and procedures and the 
     implementation of the regulations, policies, procedures, and 
     related laws of Federal executive departments and agencies to 
     ensure that privacy and civil liberties are protected;
       (B) the information sharing practices of Federal executive 
     departments and agencies to determine whether they 
     appropriately protect privacy and civil liberties and adhere 
     to the information sharing guidelines promulgated under 
     section 201(e) and to other governing laws, regulations, and 
     policies regarding privacy and civil liberties; and
       (C) other actions by the Executive Branch related to 
     efforts to protect the Nation from terrorism to determine 
     whether such actions--
       (i) appropriately protect privacy and civil liberties; and
       (ii) are consistent with governing laws, regulations, and 
     policies regarding privacy and civil liberties.
       (3) Relationship with privacy and civil liberties 
     officers.--The Board shall review and assess the activities 
     of privacy and civil liberties officers described in section 
     902 and, where appropriate, shall coordinate their 
     activities.
       (e) Reports.--
       (1) In general.--The Board shall--
       (A) receive and review reports from privacy and civil 
     liberties officers described in section 902; and
       (B) periodically submit, not less than semiannually, 
     reports to Congress and the President.
       (2) Contents.--Not less than 2 reports submitted each year 
     under paragraph (1)(B) shall include--
       (A) a description of the major activities of the Board 
     during the relevant period; and
       (B) information on the findings, conclusions, and 
     recommendations of the Board resulting from its advice and 
     oversight functions under subsection (d).
       (f) Informing the Public.--The Board shall hold public 
     hearings, release public reports, and otherwise inform the 
     public of its activities, as appropriate and in a manner 
     consistent with the protection of classified information and 
     applicable law.
       (g) Access to Information.--
       (1) Authorization.--If determined by the Board to be 
     necessary to carry out its responsibilities under this 
     section, the Board may--
       (A) secure directly from any Federal executive department 
     or agency, or any Federal officer or employee, all relevant 
     records, reports, audits, reviews, documents, papers, or 
     recommendations, including classified information consistent 
     with applicable law;
       (B) interview, take statements from, or take public 
     testimony from personnel of any Federal executive department 
     or agency or any Federal officer or employee;
       (C) request information or assistance from any State, 
     tribal, or local government; and
       (D) require, by subpoena, persons other than Federal 
     executive departments and agencies to produce any relevant 
     information, documents, reports, answers, records, accounts, 
     papers, and other documentary or testimonial evidence.
       (2) Enforcement of subpoena.--In the case of contumacy or 
     failure to obey a subpoena issued under paragraph (1)(D), the 
     United States district court for the judicial district in 
     which the subpoenaed person resides, is served, or may be 
     found may issue an order requiring such person to produce the 
     evidence required by such subpoena.
       (h) Membership.--
       (1) Members.--The Board shall be composed of a chairman and 
     4 additional members, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (2) Qualifications.--Members of the Board shall be selected 
     solely on the basis of their professional qualifications, 
     achievements, public stature, and relevant experience, and 
     without regard to political affiliation.
       (3) Incompatible office.--An individual appointed to the 
     Board may not, while serving on the Board, be an elected 
     official, an officer, or an employee of the Federal 
     Government, other than in the capacity as a member of the 
     Board.
       (i) Compensation and Travel Expenses.--
       (1) Compensation.--
       (A) Chairman.--The chairman shall be compensated at a rate 
     equal to the daily equivalent of the annual rate of basic pay 
     in effect for a position at level III of the Executive 
     Schedule under section 5314 of title 5, United States Code, 
     for each day during which the chairman is engaged in the 
     actual performance of the duties of the Board.
       (B) Members.--Each member of the Board shall be compensated 
     at a rate equal to the daily equivalent of the annual rate of 
     basic pay in effect for a position at level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day during which that member is engaged 
     in the actual performance of the duties of the Board.
       (2) Travel expenses.--Members of the Board shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for persons employed intermittently by 
     the Government under section 5703(b) of title 5, United 
     States Code, while away from their homes or regular places of 
     business in the performance of services for the Board.
       (j) Staff.--
       (1) Appointment and compensation.--The Chairman, in 
     accordance with rules agreed upon by the Board, shall appoint 
     and fix the compensation of an executive director and such 
     other personnel as may be necessary to enable the Board to 
     carry out its functions, without regard to the provisions of 
     title 5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that no rate of pay fixed under this subsection may 
     exceed the equivalent of that payable for a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (2) Detailees.--Any Federal employee may be detailed to the 
     Board without reimbursement from the Board, and such detailee 
     shall retain the rights, status, and privileges of the 
     detailee's regular employment without interruption.
       (3) Consultant services.--The Board may procure the 
     temporary or intermittent services of experts and consultants 
     in accordance with section 3109 of title 5, United States 
     Code, at rates that do not exceed the daily rate paid a 
     person occupying a position at level IV of the Executive 
     Schedule under section 5315 of such title.
       (k) Security Clearances.--The appropriate Federal executive 
     departments and agencies shall cooperate with the Board to 
     expeditiously provide the Board members and staff with 
     appropriate security clearances to the extent possible under 
     existing procedures and requirements, except that no person 
     shall be provided with access to classified information under 
     this section without the appropriate security clearances.
       (l) Treatment as Agency, Not as Advisory Committee.--The 
     Board--
       (1) is an agency (as defined in section 551(1) of title 5, 
     United States Code); and
       (2) is not an advisory committee (as defined in section 
     3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
       (m) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFICERS.

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

[[Page S8915]]

       (1) In general.--The privacy and civil liberties officers 
     of each department or agency referenced or designated under 
     subsection (a) shall periodically, but not less than 
     quarterly, submit a report on the officers' activities to 
     Congress, the department or agency head, and the Privacy and 
     Civil Liberties Oversight Board.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include information on the discharge of each of the 
     officer's functions, including--
       (A) information on the number and types of reviews 
     undertaken;
       (B) the type of advice provided and the response given to 
     such advice;
       (C) the number and nature of the complaints received by the 
     agency for alleged violations; and
       (D) a summary of the disposition of such complaints, the 
     reviews and inquiries conducted, and the impact of the 
     officer's activities.
                                 ______
                                 
      By Mr. SPECTER.
  S. 2776. A bill to require the Secretary of Veterans Affairs to carry 
out a program of outreach to veterans of World War II and the Korean 
conflict on the nature and availability of benefits for veterans, and 
for other purposes; to the Committee on Veterans' Affairs.
  Mr. SPECTER. Mr. President, I have sought recognition to comment on 
legislation I am introducing today which would direct the Department of 
Veterans Affairs (VA) to provide a new, targeted program of outreach to 
veterans of World War II and the Korean conflict. The purpose of the 
program would be to inform these veterans, most of whom are now over 
the age of 70, of the veterans benefits to which they may be entitled, 
and to encourage them to apply for those benefits. The center piece of 
the new outreach program would be a $35 million nationwide public 
service announcement campaign through various print, radio, and 
television media outlets. I believe such a campaign would be the most 
effective, and efficient, way to ``get the word out'' about VA benefits 
and services, but my legislation gives VA flexibility to devise other 
means if appropriate.
  I am concerned that there are a number of older veterans who served 
during World War II and the Korean conflict, and who are entitled to 
benefits from VA, are simply not aware of that fact. A recent article 
in the Philadelphia Inquirer told the story of a World War II veteran 
from Missouri who filed a claim for benefits in 1947 for a cold-weather 
injury suffered while wading through an icy French harbor. The claim 
was denied, but because of intensive outreach conducted the State of 
Missouri over 50 years later, the veteran recently was awarded 100 
percent disability compensation. The same article cities survey data 
from VA which suggest that over one-half million veterans might be 
eligible for VA compensation benefits--if only they would file claims. 
A similar inference can be drawn from data from the Veterans Benefits 
Administration Fiscal year 2003 Annual Benefits Report which show that 
even though veterans of World War II and the Korean conflict comprise 
31.6 percent of the total veteran population, only 23.2 percent of the 
total number of veterans actually receiving VA disability compensation 
are veterans of WWII and the Korean conflict. Further, it is a fact 
that Korean conflict and World War II veterans who are receiving 
compensation are compensated for fewer disabilities, on average, than 
are later generations of veterans.
  I suspect that one reason for these discrepancies might be found in 
the fact that VA and the Department of Defense (DoD) now do a far 
better job than in prior years of educating service members of the 
benefits to which they are entitled. This year, VA compiled a report on 
its outreach activities--a report that was requested by Senator Russ 
Feingold and me--which outlines at great length programs--all laudable 
programs--of outreach specifically targeting service members and 
veterans recently discharged from service. For example, VA has a 
presence at 136 military installations which enables service members to 
receive complete medical examinations and disability ratings prior to 
discharge from service. VA and DoD also cooperate in providing 
intensive transition workshops for departing service members. I commend 
both VA and DoD for their outreach activities, particularly for such 
activities that target service members returning from Iraq and 
Afghanistan. Clearly, VA and DoD have made great strides in informing 
service members and veterans of their benefits at the point in their 
lives when such information is most useful, namely, at discharge from 
service. However, the intensity and breadth of outreach activities that 
are now the norm for the current generation of newly discharged 
veterans simply were not undertaken when World War II and Korean 
conflict veterans left service.
  The Nation recently honored the World War II generation with the 
dedication of the World War II Memorial in Washington, and with 
celebrations of the 60th anniversary of the Normandy invasion. Just 
last year, we marked the 50th anniversary of the end of the Korean 
conflict. While the fan fare surrounding these events has waned, our 
efforts on behalf of veterans of these wars must not. It is imperative 
we make final attempts to let them, and their families, known of the 
benefits to which they are entitled. The legislation provides a first 
step to that end. I ask my colleagues for their support, and ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2776

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROGRAM OF OUTREACH TO VETERANS OF WORLD WAR II 
                   AND KOREAN CONFLICT ON VETERANS BENEFITS.

       (a) Findings.--Congress makes the following findings:
       (1) Veterans of World War II and the Korean conflict 
     represent 31.6 percent of the current population of veterans. 
     However, veterans of World War II and the Korean conflict 
     represent only 23.2 percent of the total number of veterans 
     currently receiving disability compensation from the 
     Department of Veterans Affairs.
       (2) Veterans of World War II and the Korean conflict who 
     receive disability compensation have, on average, 1.94 and 
     2.12 disabilities per veteran, respectively, whereas veterans 
     of the Vietnam era and the Persian Gulf War who receive 
     disability compensation have, on average, 2.88 and 3.48 
     disabilities per veteran, respectively.
       (3) Advances in medical science and technology have 
     improved the understanding of the origins of diseases and 
     disabilities which are associated with military service, 
     including diseases and disabilities that manifest long after 
     the completion of military service.
       (4) Unlike veterans of later periods, veterans of World War 
     II and the Korean conflict did not have the benefit of 
     extensive transition assistance and outreach services now 
     routinely provided by the Department and other government 
     agencies.
       (5) Veterans of World War II and the Korean conflict are 
     dying at the aggregate rate of 1,400 per day.
       (6) It is in the interest of the Nation that the Secretary 
     make every effort to inform veterans of World War II and the 
     Korean conflict of the benefits to which they may be 
     entitled.
       (b) Outreach.--(1) The Secretary of Veterans Affairs shall 
     carry out a program to provide outreach to veterans of World 
     War II and of the Korean conflict on the nature and 
     availability of benefits for veterans.
       (2) The purpose of the program is to make veterans of World 
     War II and of the Korean conflict aware of the veterans 
     benefits to which they may be entitled and to encourage such 
     veterans to apply for such benefits.
       (3)(A) The program shall include a nationwide public 
     service campaign consisting of such elements, and appearing 
     in and through such media, as the Secretary considers 
     appropriate for the program.
       (B) Of the amount authorized to be appropriated by 
     subsection (e) for the program, $35,000,000 shall be 
     available for the public service campaign described in 
     subparagraph (A).
       (4) As part of the program, the Secretary shall establish 
     performance measures for the outreach under the program to 
     permit the on-going evaluation of the extent and success of 
     the outreach under the program.
       (c) Report.--Not later than 24 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the program under this section. The report shall 
     include the following:
       (1) A description of the program, including a detailed 
     description of the outreach conducted under the program.
       (2) A statement of the amount expended on the program.
       (3) An assessment of the effectiveness of the program.
       (d) Definitions.--In this section, the terms ``World War 
     II'' and ``Korean conflict'' have the meanings given such 
     terms in section 101 of title 38, United States Code.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Veterans Affairs such 
     sums as may be necessary to carry out this section.

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