[Congressional Record Volume 150, Number 116 (Thursday, September 23, 2004)]
[Senate]
[Pages S9612-S9644]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 2833. A bill to authorize appropriations to the Secretary of the 
Interior for the restoration of the Angel Island Immigration Station in 
the State of California; to the Committee on Energy and Natural 
Resources.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce the Angel 
Island Immigration Station Restoration and Preservation Act, with 
Senator Boxer as cosponsor.
  This legislation authorizes the use of up to $15 million in Federal 
funds for ongoing efforts to restore the Angel Island Immigration 
Station located on Angel Island within the San Francisco Bay.
  I offer this as companion legislation to H.R. 4469 which has been 
introduced by Congresswoman Lynn Woolsey and to date has 45 cosponsors. 
Last week this bill was reported out of the House Resources Committee 
by unanimous consent.
  The Angel Island Immigration Station is an important piece of 
American

[[Page S9613]]

history, especially to our Nation's Asian American and immigrant 
communities.
  In the mid 19th Century millions of people, including ancestors of my 
own staff, came to America in pursuit of the American dream. Most 
people are familiar with Ellis Island and the stories of immigrants 
coming to America and seeing the Statue of Liberty in New York Harbor, 
but often forgotten are the experiences of those who made it to America 
by way of Angel Island. Just like those who came to New York City, 
there are many stories of triumph and tribulation associated with Angel 
Island.
  However, for the Chinese and those from other Asian countries the 
story goes a bit further.
  The economic downturn in the 1870s brought political pressures to 
deal with the increasing population of Chinese who were coming through 
the Golden Gate in search of a better life. Amongst the harshest of 
measures taken was the passage of the Chinese Exclusion Act of 1882.
  The passage of this law and its subsequent implementation led to the 
creation of a national system to regulate the immigration of the 
Chinese.
  Part of this process included opening the Angel Island Immigration 
Station in 1910 on Angel Island. The purpose of this new facility was 
to isolate Chinese immigrants from the City of San Francisco and the 
rest of the Bay Area.
  After a difficult journey across the Pacific Ocean, potential 
immigrants were brought to the Station where they faced separation from 
their family, embarrassing medical examinations, grueling 
interrogations and long detainments that lasted months, even years, in 
living conditions that were considered deplorable.
  Testaments to these experiences can be found today on the wooden 
walls of the barracks. Many of the detainees told their stories through 
poems that they carved on the barrack walls.
  Using allegories and historical references, they described their 
aspirations for coming to America as well as expressed their anger and 
sadness at the treatment they received.
  Concerns about the safety of the Station were realized when part of 
the Administration Building burned down in 1940 and all those being 
held were moved to a mainland facility.
  Three years later Congress repealed the Chinese Exclusion Act. For 
the next 20 years the Station remained mostly unused except for a short 
term during World War II, when it was used as a prisoner of war camp.
  In 1963, Angel Island became a State park and the California 
Department of Parks and Recreation assumed stewardship of the 
Immigration Station.
  In 1997, the Station was a declared a National Historic Landmark and 
in 1999, Save America's Treasures named the Angel Island Immigration 
Station one of its Official Projects and provided $500,000 for the 
preservation of poems carved into the walls.
  The Station is supported by the people of California as well as 
numerous private interests. The voters of California voted in 2000 to 
set aside $15 million for restoration of the Station through 
Proposition 12 and in addition approximately $1.1 million in private 
funds has been raised so far.
  The amount authorized by this bill and the committed State resources 
will raise about half the amount needed to restore the Station. The 
remaining money will be raised through private means making this a true 
public-private partnership.
  Today, approximately 200,000 visits are made each year to Angel 
Island by ferry from San Francisco, Tiburon and Alameda. In addition, 
60,000 visits are made to the Immigration Station, about half of which 
are students are on guided tours.
  The resources secured so far have set in motion designing and 
planning efforts to restore the Station.
  The bill I am introducing today will allow the State park to accept 
Federal funding to complete the restoration of the Angel Island 
Immigration Station, so that the stories of immigration on Angel Island 
will be preserved for future generations.
                                 ______
                                 
      By Ms. SNOWE:
  S. 2834. A bill to enhance compliance assistance for small business; 
to the Committee on Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, in 1996, over eight years ago, the Senate 
passed without opposition the Small Business Regulatory Enforcement 
Fairness Act (SBREFA) to make the Regulatory Flexibility Act more 
effective in curtailing the impact of regulations on small businesses. 
One of the most important provisions of SBREFA is a requirement that 
agencies produce compliance assistance materials to help small 
businesses meet the requirements of their regulations. Unfortunately, 
over the years, agencies have done a poor job of meeting this 
requirement. Consequently, small businesses have been forced to figure 
out on their own how to comply with these regulations. This makes 
compliance that much more difficult to achieve, and therefore reduces 
the effectiveness of the regulation.
  The GAO found that agencies have ignored this requirement or failed 
miserably in their attempts to satisfy it. GAO also found that the 
language of SBREFA is unclear in some places about what is actually 
required. That is why today I am introducing the Small Business 
Compliance Assistance Enhancement Act of 2004 to close those loopholes 
and make it clear that we were serious when we first told agencies we 
want them to produce quality compliance assistance materials to help 
small businesses understand how to deal with regulations.
  My bill is drawn directly from the GAO recommendations and is 
intended only to clarify an already existing requirement--not to add 
anything new. Similarly, the compliance guides that the agencies will 
produce will be suggestion about how to meet a regulations 
requirements, not further requirements, or subject to enforcement. Nor 
does this bill, in any way, interfere or undercut an agency's ability 
to enforce its regulations to the full extent they currently enjoy. Bad 
actors must be brought to justice, but if the only trigger for 
compliance is the threat of enforcement, then agencies will never 
achieve the impact their regulations must have to be effective.
  The key to helping small businesses comply is to provide assistance--
show them what is necessary and how they will be able to tell when they 
have met their obligations. Too often, small businesses do not maintain 
the staff, or have the resources to figure out the answers to these 
questions. This puts them at a disadvantage compared to larger 
businesses, and reduces the effectiveness of the agency's regulations. 
SBA's Office of Advocacy has determined that compliance with 
regulations cost small businesses with less than 20 employees almost 
$7,000 per employee, compared to almost $4,500 for companies with more 
than 500 employees. If an agency cannot describe how to comply with its 
regulation, how can we expect a small business to figure it out? This 
was the reason the requirement to provide compliance assistance was 
included in SBREFA originally, and this reason is just as valid today 
as it was in 1996.
  Specifically, my bill would do the following: Clarify when a guide is 
required: To clarify when an agency must prepare a compliance guide 
section 212 of SBREFA would be amended to require a guide whenever the 
agency does not certify the rule under section 605(b) of title 5, 
United States Code (i.e. whenever an agency determines that a rule will 
have ``a significant economic impact on a substantial number of small 
entities''). This would avoid confusion about whether the agency should 
produce a compliance guide when the agency produces a Final Regulatory 
Flexibility Analysis voluntarily (i.e. even though the agency certified 
that the regulation would not have ``a significant economic impact on a 
substantial number of small entities'').
  Clarify how a guide shall be designated: Section 212 currently says 
that agencies must ``designate'' the publications prepared under the 
section as small entity compliance guides. However, the form in which 
those designations should occur is not clear. This term would be 
changed to ``entitle.'' Consistent use of the phrase ``Small Entity 
Compliance Guide'' in the title could make it easier for small entities 
to locate the guides that the agencies develop. This would also aid in 
using online searches--a technology that was not widely used when 
SBREFA was passed. Thus, agencies

[[Page S9614]]

would be directed to publish guides entitled ``Small Entity Compliance 
Guide.''
  Clarify how a guide shall be published: Section 212 currently says 
agencies ``shall publish'' the guides, but does not indicate where or 
how they should be published. At least one agency has published the 
guides as part of the preamble to the subject rule, thereby requiring 
affected small entities to read the Federal Register to obtain the 
guides. Agencies would be directed, at a minimum, to make their 
compliance guides available through their websites in an easily 
accessed way. In addition, agencies would be directed to forward their 
compliance guides to known industry contacts such as small businesses 
or associations with small business members that will be affected by 
the regulation.
  Clarify when a guide shall be published: Section 212 does not 
indicate when the compliance guides should be published. This means 
that even if an agency was required to produce a compliance guide, they 
can claim that they have not violated that requirement since there is 
no deadline established for when they had to produce that guide. 
Agencies would be instructed to publish the compliance guides 
coincident with, or as soon as possible after, the final rule is 
published, provided that the guides must be published no later than the 
effective date of the rule's compliance requirements.
  Clarify the term ``compliance requirements'': The term ``compliance 
requirements'' also needs to be clarified. At a minimum, this term 
means what a small business has to do to satisfy the regulation, and 
when they will know they have met these requirements. This should 
include a description of the procedures a small business might use to 
meet the requirements. If, as is the case with many OSHA and EPA 
regulations, testing is required, the agency should explain how that 
testing would be conducted. The bill makes clear that the procedural 
description should be merely suggestive--an agency would not be able to 
enforce this procedure if a small business was able to satisfy the 
requirements through a different approach.
  It is time we got serious about making sure small businesses have the 
assistance they need to deal with the maze of federal regulations we 
expect them to handle on a daily basis. The Small Business Compliance 
Assistance Enhancement Act will make a significant contribution to that 
effort.
  I 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. 2834

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Small Business Compliance 
     Assistance Enhancement Act of 2004''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Small businesses represent 99.7 percent of all 
     employers, employ half of all private sector employees, and 
     pay 44.3 percent of total United States private payroll.
       (2) Small businesses generate 60 to 80 percent of net new 
     jobs annually over the last decade.
       (3) Very small firms with fewer than 20 employees spend 60 
     percent more per employee than larger firms to comply with 
     Federal regulations. Small firms spend twice as much on tax 
     compliance as their larger counterparts. Based on an analysis 
     in 2001, firms employing fewer than 20 employees face an 
     annual regulatory burden of nearly $7,000 per employee, 
     compared to a burden of almost $4,500 per employee for a firm 
     with over 500 employees.
       (4) Section 212 of the Small Business Regulatory 
     Enforcement Fairness Act (5 U.S.C. 601 note) requires 
     agencies to produce small entity compliance guides for each 
     rule or group of rules for which an agency is required to 
     prepare a final regulatory flexibility analysis under section 
     604 of title 5, United States Code.
       (5) The Government Accountability Office has found that 
     agencies have rarely attempted to comply with section 212 of 
     the Small Business Regulatory Enforcement Fairness Act (5 
     U.S.C. 601 note). When agencies did try to comply with that 
     requirement, they generally did not produce adequate 
     compliance assistance materials.
       (6) The Government Accountability Office also found that 
     section 212 of the Small Business Regulatory Enforcement 
     Fairness Act (5 U.S.C. 601 note) and other sections of that 
     Act need clarification to be effective.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To clarify the requirement contained in section 212 of 
     the Small Business Regulatory Enforcement Fairness Act (5 
     U.S.C. 601 note) for agencies to produce small entity 
     compliance guides.
       (2) To clarify other terms relating to the requirement in 
     section 212 of the Small Business Regulatory Enforcement 
     Fairness Act (5 U.S.C. 601 note).
       (3) To ensure that agencies produce adequate and useful 
     compliance assistance materials to help small businesses meet 
     the obligations imposed by regulations affecting such small 
     businesses, and thereby to increase compliance with these 
     regulations.

     SEC. 3. ENHANCED COMPLIANCE ASSISTANCE FOR SMALL BUSINESSES.

       (a) In General.--Section 212 of the Small Business 
     Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 
     note) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Compliance Guide.--
       ``(1) In general.--For each rule for which an agency head 
     does not make a certification under section 605(b) of title 
     5, United States Code, the agency shall publish 1 or more 
     guides to assist small entities in complying with the rule, 
     and shall entitle such publications `small entity compliance 
     guides'.
       ``(2) Publication of guides.--The publication of each guide 
     under this subsection shall include--
       ``(A) the posting of the guide in an easily identified 
     location on the website of the agency; and
       ``(B) distribution of the guide to known industry contacts, 
     such as small entities, associations, or industry leaders 
     affected by the rule.
       ``(3) Publication date.--An agency shall publish each guide 
     (including the posting and distribution of the guide as 
     described under paragraph (2))--
       ``(A) on the same date as the date of publication of the 
     final rule (or as soon as possible after that date); and
       ``(B) not later than the date on which the requirements of 
     that rule become effective.
       ``(4) Compliance actions.--
       ``(A) In general.--Each guide shall explain the actions a 
     small entity is required to take to comply with a rule.
       ``(B) Explanation.--The explanation under subparagraph 
     (A)--
       ``(i) shall include a description of actions needed to meet 
     requirements to enable a small entity to know when such 
     requirements are met; and
       ``(ii) if determined appropriate by the agency, may include 
     a description of possible procedures, such as conducting 
     tests, that assist a small entity in meeting such 
     requirements.
       ``(C) Procedures.--Procedures described under subparagraph 
     (B)(ii)--
       ``(i) shall be suggestions to assist small entities; and
       ``(ii) shall not be additional requirements relating to the 
     rule.
       ``(5) Agency preparation of guides.--The agency shall, in 
     its sole discretion, taking into account the subject matter 
     of the rule and the language of relevant statutes, ensure 
     that the guide is written using sufficiently plain language 
     likely to be understood by affected small entities. Agencies 
     may prepare separate guides covering groups or classes of 
     similarly affected small entities, and may cooperate with 
     associations of small entities to develop and distribute such 
     guides. An agency may prepare guides and apply this section 
     with respect to a rule or a group of related rules.''.
       (b) Technical and Conforming Amendment.--Section 211(3) of 
     the Small Business Regulatory Enforcement Fairness Act of 
     1996 (5 U.S.C. 601 note) is amended by inserting ``and 
     entitled'' after ``designated''.
                                 ______
                                 
      By Mr. GRAHAM of Florida (for himself and Mr. Nelson of Florida):
  S. 2835. A bill to amend the internal Revenue Code of 1986 to allow 
penalty free withdrawals from retirement plans for victims of federally 
declared disasters; to the Committee on Finance.
  Mr. GRAHAM of Florida. Mr. President, by now everyone is well aware 
of the destruction Florida has endured over the past 45 days. First, 
Tropical Storm Bonnie struck the panhandle. Then Hurricane Charley 
crashed into Florida's west coast. That was followed by Hurricane 
Frances, which wreaked havoc throughout the State. And last week 
Hurricane Ivan tore through the panhandle. As a result of these storms, 
today 61 of the State's 67 counties have been declared disaster areas.
  Floridians are grateful for the Senate's quick action in providing 
the initial $2 billion in relief funds. They also look forward to the 
Senate's quick consideration of the President's supplemental request 
for additional assistance. As important as this Federal assistance is, 
however, it represents only a fraction of the money needed for 
Florida's families to rebuild.
  The Insurance Information Institute estimates that insurance 
companies will pay out more than the $15.5 billion in insurance claims 
paid as a result of Hurricane Andrew. Of course, that amount is not the 
entirety of losses

[[Page S9615]]

Floridians have suffered. In fact, as a result of the magnitude of the 
claims incurred from Hurricane Andrew Floridians will be responsible 
for a larger share of the losses from these storms than they incurred 
in 1992.
  Many Floridians will face thousands of dollars in out-of-pocket costs 
as a result of these storms. Those families with money in a retirement 
account, e.g. 401(k) or IRA, are quite likely to be forced to look to 
that money to rebuild their homes and their lives. Doing so, however, 
will come at a significant cost. First, any funds withdrawn are subject 
to the income tax. That's appropriate, since these funds have not been 
taxed previously.
  In addition to the income tax due on these withdrawals, taxpayers 
under age 59\1/2\ will face a 10 percent penalty for early withdrawal. 
Under normal circumstances this penalty serves a very worthwhile 
purpose. It encourages workers to leave funds in their retirement 
accounts for their intended purposes. The situation in Florida is far 
from normal, however, and in this instance the penalty serves as a 
``ransom'' imposed by the Federal government on workers access to funds 
in times of desperation.
  The bill I am introducing today with Senator Nelson is a small but 
important step that we can take to help Floridians help themselves. It 
waives the 10 percent penalty for families that have suffered a loss as 
a result of a disaster. Although it was inspired by the storms that 
have ravaged our State, it is not exclusive to the victims of these 
storms.
  The penalty waiver is available to any taxpayer who suffered a loss 
as a result of a major disaster declared under the Robert T. Stafford 
Disaster Relief Act. To qualify for this relief the taxpayer must have 
sustained a loss that has not been compensated by insurance or 
otherwise. The bill also gives taxpayers a five-year window within 
which they can reinvest these funds for their retirement.
  Mr. KENNEDY. Mr. President, one of the greatest domestic challenges 
facing our country today is the soaring cost of health care. It's a 
serious problem for millions of families. But when the chief income 
earner in a family suddenly becomes unemployed, the problem can be 
critical, and we give a helping hand. We give them the opportunity to 
continue their coverage through their employer for a reasonable period. 
Families who lost loved ones on September 11, deserve the same 
opportunity until they can land on their feet again.
  The Continuing Care for Recovering Families Act I am introducing 
today with Senator Lautenberg and Senator Clinton recognizes that many 
of the September 11 families are still struggling to recover and we 
have an obligation to assist them.
  Some of the families have found ways to cover their health costs by 
purchasing private insurance or obtaining grant assistance on their 
own. For others, employers have agreed to provide coverage. For still 
other families, however, the safety net is about to fall apart, because 
their coverage is about to expire under COBRA--the temporary low--cost 
continuation of coverage available under current Federal law for those 
who change their job, lose their job or for families that lose their 
chief income earner through death.
  The Continuing Care for Recovering Families Act will give spouses and 
children of victims of September 11 the ability to purchase or continue 
to purchase coverage under COBRA indefinitely, as long as they enroll 
within 120 days after passage of the Act or 120 days after they lose 
their COBRA coverage. Eligibility for the program would expire only if 
they enroll in a private insurance plan or become eligible for 
Medicare.
  The families of September 11 have shown great courage and 
extraordinary resilience. But we still have much more to do to help 
them on their long and arduous road to recovery, and I hope very much 
that we can pass this legislation this year. It will only affect a 
small number of families. But for them, it will make a world of a 
difference.
                                 ______
                                 
      By Ms. COLLINS:
  S. 2840. An original bill to reform the intelligence community and 
the intelligence and intelligence-related activities of the United 
States Government, and for other purposes; from the Committee on 
Governmental Affairs; placed on the calendar.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the National 
Intelligence Reform Act of 2004, which the Committee on Governmental 
Affairs is reporting today, be printed in the Record.
  There being no objection the bill was ordered to be printed in the 
Record, as follows:

                                S. 2840

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                TITLE I--NATIONAL INTELLIGENCE AUTHORITY

              Subtitle A--National Intelligence Authority

Sec. 101. National Intelligence Authority.
Sec. 102. National Intelligence Director.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

Sec. 111. Provision of national intelligence.
Sec. 112. Responsibilities of National Intelligence Director.
Sec. 113. Authorities of National Intelligence Director.
Sec. 114. Enhanced personnel management.
Sec. 115. Security clearances.
Sec. 116. National Intelligence Reserve Corps.
Sec. 117. Appointment and termination of certain officials responsible 
              for intelligence-related activities.
Sec. 118. Reserve for Contingencies of the National Intelligence 
              Director.

        Subtitle C--Office of the National Intelligence Director

Sec. 121. Office of the National Intelligence Director.
Sec. 122. Deputy national intelligence directors.
Sec. 123. National Intelligence Council.
Sec. 124. General Counsel of the National Intelligence Authority.
Sec. 125. Intelligence Comptroller.
Sec. 126. Officer for Civil Rights and Civil Liberties of the National 
              Intelligence Authority.
Sec. 127. Privacy Officer of the National Intelligence Authority.
Sec. 128. Chief Information Officer of the National Intelligence 
              Authority.
Sec. 129. Chief Human Capital Officer of the National Intelligence 
              Authority.
Sec. 130. Chief Financial Officer of the National Intelligence 
              Authority.
Sec. 131. National Counterintelligence Executive.

   Subtitle D--Additional Elements of National Intelligence Authority

Sec. 141. Inspector General of the National Intelligence Authority.
Sec. 142. Ombudsman of the National Intelligence Authority.
Sec. 143. National Counterterrorism Center.
Sec. 144. National intelligence centers.

 Subtitle E--Education and Training of Intelligence Community Personnel

Sec. 151. Framework for cross-disciplinary education and training.
Sec. 152. Intelligence Community Scholarship Program.

 Subtitle F--Additional Authorities of National Intelligence Authority

Sec. 161. Use of appropriated funds.
Sec. 162. Acquisition and fiscal authorities.
Sec. 163. Personnel matters.
Sec. 164. Ethics matters.

        TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES

          Subtitle A--Improvements of Intelligence Activities

Sec. 201. Availability to public of certain intelligence funding 
              information.
Sec. 202. Merger of Homeland Security Council into National Security 
              Council.
Sec. 203. Joint Intelligence Community Council.
Sec. 204. Improvement of intelligence capabilities of the Federal 
              Bureau of Investigation.
Sec. 205. Federal Bureau of Investigation Intelligence Career Service.
Sec. 206. Information sharing.

                Subtitle B--Privacy and Civil Liberties

Sec. 211. Privacy and Civil Liberties Oversight Board.
Sec. 212. Privacy and civil liberties officers.

           Subtitle C--Independence of Intelligence Agencies

Sec. 221. Independence of National Intelligence Director.
Sec. 222. Independence of intelligence.
Sec. 223. Independence of National Counterterrorism Center.
Sec. 224. Access of congressional committees to national intelligence.
Sec. 225. Communications with Congress.

  TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY 
                               MANAGEMENT

              Subtitle A--Conforming and Other Amendments

Sec. 301. Restatement and modification of basic authority on the 
              Central Intelligence Agency.

[[Page S9616]]

Sec. 302. Conforming amendments relating to roles of National 
              Intelligence Director and Director of the Central 
              Intelligence Agency.
Sec. 303. Other conforming amendments
Sec. 304. Modifications of foreign intelligence and counterintelligence 
              under National Security Act of 1947.
Sec. 305. Elements of intelligence community under National Security 
              Act of 1947.
Sec. 306. Redesignation of National Foreign Intelligence Program as 
              National Intelligence Program.
Sec. 307. Conforming amendment on coordination of budgets of elements 
              of the intelligence community within the Department of 
              Defense.
Sec. 308. Repeal of superseded authorities.
Sec. 309. Clerical amendments to National Security Act of 1947.
Sec. 310. Modification of authorities relating to National 
              Counterintelligence Executive.
Sec. 311. Conforming amendment to Inspector General Act of 1978.
Sec. 312. Conforming amendment relating to Chief Financial Officer of 
              the National Intelligence Authority.

                 Subtitle B--Transfers and Terminations

Sec. 321. Transfer of Office of Deputy Director of Central Intelligence 
              for Community Management.
Sec. 322. Transfer of National Counterterrorism Executive.
Sec. 323. Transfer of Terrorist Threat Integration Center.
Sec. 324. Termination of certain positions within the Central 
              Intelligence Agency.

                  Subtitle C--Other Transition Matters

Sec. 331. Executive Schedule matters.
Sec. 332. Preservation of intelligence capabilities.
Sec. 333. Reorganization.
Sec. 334. National Intelligence Director report on implementation of 
              intelligence community reform.
Sec. 335. Comptroller General reports on implementation of intelligence 
              community reform.
Sec. 336. General references.

                       Subtitle D--Effective Date

Sec. 341. Effective date.

                       Subtitle E--Other Matters

Sec. 351. Severability.
Sec. 352. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) The term ``intelligence'' includes foreign intelligence 
     and counterintelligence.
       (2) The term ``foreign intelligence'' means information 
     relating to the capabilities, intentions, or activities of 
     foreign governments or elements thereof, foreign 
     organizations, foreign persons, or international terrorists.
       (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, 
     foreign persons, or international terrorists.
       (4) The term ``intelligence community'' includes the 
     following:
       (A) The National Intelligence Authority.
       (B) The Central Intelligence Agency.
       (C) The National Security Agency.
       (D) The Defense Intelligence Agency.
       (E) The National Geospatial-Intelligence Agency.
       (F) The National Reconnaissance Office.
       (G) Other offices within the Department of Defense for the 
     collection of specialized national intelligence through 
     reconnaissance programs.
       (H) The intelligence elements of the Army, the Navy, the 
     Air Force, the Marine Corps, the Federal Bureau of 
     Investigation, and the Department of Energy.
       (I) The Bureau of Intelligence and Research of the 
     Department of State.
       (J) The Office of Intelligence and Analysis of the 
     Department of the Treasury.
       (K) The elements of the Department of Homeland Security 
     concerned with the analysis of intelligence information, 
     including the Office of Intelligence of the Coast Guard.
       (L) Such other elements of any department or agency as may 
     be designated by the President, or designated jointly by the 
     National Intelligence Director and the head of the department 
     or agency concerned, as an element of the intelligence 
     community.
       (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;
       (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 Office of Information Analysis of the 
     Department of Homeland Security; and
       (iii) includes any other program, project, or activity of a 
     department, agency, or element of the United States 
     Government relating to national intelligence unless the 
     National Intelligence Director and the head of the 
     department, agency, or element concerned determine otherwise; 
     but
       (B) except as provided in subparagraph (A)(ii), does not 
     refer to any program, project, or activity of the military 
     departments, including any program, project, or activity of 
     the Defense Intelligence Agency that is not part of the 
     National Foreign Intelligence Program as of the date of the 
     enactment of this Act, to acquire intelligence principally 
     for the planning and conduct of joint or tactical military 
     operations by the United States Armed Forces.
       (7) The term ``congressional intelligence committees'' 
     means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.

                TITLE I--NATIONAL INTELLIGENCE AUTHORITY

              Subtitle A--National Intelligence Authority

     SEC. 101. NATIONAL INTELLIGENCE AUTHORITY.

       (a) Independent Establishment.--There is hereby established 
     as an independent establishment in the executive branch of 
     government the National Intelligence Authority.
       (b) Composition.--The National Intelligence Authority is 
     composed of the following:
       (1) The Office of the National Intelligence Director.
       (2) The elements specified in subtitle D.
       (3) Such other elements, offices, agencies, and activities 
     as may be established by law or by the President or the 
     National Intelligence Director.
       (c) Primary Missions.--The primary missions of the National 
     Intelligence Authority are as follows:
       (1) To unify and strengthen the efforts of the intelligence 
     community of the United States Government.
       (2) To ensure the organization of the efforts of the 
     intelligence community of the United States Government in a 
     joint manner relating to intelligence missions rather than 
     through intelligence collection disciplines.
       (3) To provide for the operation of the National 
     Counterterrorism Center and national intelligence centers 
     under subtitle D.
       (4) To eliminate barriers that impede coordination of the 
     counterterrorism activities of the United States Government 
     between foreign intelligence activities located abroad and 
     foreign intelligence activities located domestically while 
     ensuring the protection of civil liberties.
       (5) To establish clear responsibility and accountability 
     for counterterrorism and other intelligence matters relating 
     to the national security of the United States.
       (d) Seal.--The National Intelligence Director shall have a 
     seal for the National Intelligence Authority. The design of 
     the seal is subject to the approval of the President. 
     Judicial notice shall be taken of the seal.

     SEC. 102. NATIONAL INTELLIGENCE DIRECTOR.

       (a) National Intelligence Director.--There is a National 
     Intelligence Director who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       (b) Individuals Eligible for Nomination.--Any individual 
     nominated for appointment as National Intelligence Director 
     shall have extensive national security expertise.
       (c) Prohibition on Simultaneous Service in Other Capacity 
     in Intelligence Community.--The individual serving as 
     National Intelligence Director may not, while so serving, 
     serve in any capacity in any other element of the 
     intelligence community, except to the extent that the 
     individual serving as National Intelligence Director does so 
     in an acting capacity.
       (d) Principal Duties and Responsibilities.--The National 
     Intelligence Director shall--
       (1) serve as head of the intelligence community in 
     accordance with the provisions of this Act, the National 
     Security Act of 1947 (50 U.S.C. 401 et seq.), and other 
     applicable provisions of law;
       (2) act as a principal adviser to the President for 
     intelligence related to the national security;
       (3) serve as the head of the National Intelligence 
     Authority; and
       (4) direct and oversee the National Intelligence Program.
       (e) General Responsibilities and Authorities.--In carrying 
     out the duties and responsibilities set forth in subsection 
     (c), the National Intelligence Director shall have the 
     responsibilities set forth in section 112 and the authorities 
     set forth in section 113 and other applicable provisions of 
     law.

 Subtitle B--Responsibilities and Authorities of National Intelligence 
                                Director

     SEC. 111. PROVISION OF NATIONAL INTELLIGENCE.

       (a) In General.--The National Intelligence Director shall 
     be responsible for providing national intelligence--
       (1) to the President;

[[Page S9617]]

       (2) to the heads of other departments and agencies of the 
     executive branch;
       (3) to the Chairman of the Joint Chiefs of Staff and senior 
     military commanders;
       (4) to the Senate and House of Representatives and the 
     committees thereof; and
       (5) to such other persons or entities as the President 
     shall direct.
       (b) National Intelligence.--Such national intelligence 
     shall be timely, objective, independent of political 
     considerations, and based upon all sources available to the 
     intelligence community.

     SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.

       (a) In General.--The National Intelligence Director shall--
       (1) determine the annual budget for the intelligence and 
     intelligence-related activities of the United States by--
       (A) providing to the heads of the departments containing 
     agencies or elements within the intelligence community and 
     that have one or more programs, projects, or activities 
     within the National Intelligence program, and to the heads of 
     such agencies and elements, guidance for development the 
     National Intelligence Program budget pertaining to such 
     agencies or elements;
       (B) developing and presenting to the President an annual 
     budget for the National Intelligence Program after 
     consultation with the heads of agencies or elements, and the 
     heads of their respective departments, under subparagraph 
     (A);
       (C) providing budget guidance to each element of the 
     intelligence community that does not have one or more 
     program, project, or activity within the National 
     Intelligence Program regarding the intelligence and 
     intelligence-related activities of such element; and
       (D) participating in the development by the Secretary of 
     Defense of the annual budgets for the military intelligence 
     programs, projects, and activities not included in the 
     National Intelligence Program;
       (2) manage and oversee the National Intelligence Program, 
     including--
       (A) the execution of funds within the National Intelligence 
     Program;
       (B) the reprogramming of funds appropriated or otherwise 
     made available to the National Intelligence Program; and
       (C) the transfer of funds and personnel under the National 
     Intelligence Program;
       (3) establish the requirements and priorities to govern the 
     collection, analysis, and dissemination of national 
     intelligence by elements of the intelligence community;
       (4) establish collection and analysis requirements for the 
     intelligence community, determine collection and analysis 
     priorities, issue and manage collection and analysis tasking, 
     and resolve conflicts in the tasking of elements of the 
     intelligence community within the National Intelligence 
     Program, except as otherwise agreed with the Secretary of 
     Defense pursuant to the direction of the President;
       (5) provide advisory tasking on the collection of 
     intelligence to elements of the United States Government 
     having information collection capabilities that are not 
     elements of the intelligence community;
       (6) manage and oversee the National Counterterrorism Center 
     under section 143, and establish, manage, and oversee 
     national intelligence centers under section 144;
       (7) establish requirements and priorities for foreign 
     intelligence information to be collected under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.), and provide assistance to the Attorney General to 
     ensure that information derived from electronic surveillance 
     or physical searches under that Act is disseminated so it may 
     be used efficiently and effectively for foreign intelligence 
     purposes, except that the Director shall have no authority to 
     direct, manage, or undertake electronic surveillance or 
     physical search operations pursuant to that Act unless 
     otherwise authorized by statute or Executive order;
       (8) develop and implement, in consultation with the heads 
     of other agencies or elements of the intelligence community, 
     and the heads of their respective departments, personnel 
     policies and programs applicable to the intelligence 
     community that--
       (A) encourage and facilitate assignments and details of 
     personnel to the National Counterterrorism Center under 
     section 143, to national intelligence centers under section 
     144, and between elements of the intelligence community;
       (B) set standards for education, training, and career 
     development of personnel of the intelligence community;
       (C) encourage and facilitate the recruitment and retention 
     by the intelligence community of highly qualified individuals 
     for the effective conduct of intelligence activities;
       (D) ensure that the personnel of the intelligence community 
     is sufficiently diverse for purposes of the collection and 
     analysis of intelligence through the recruitment and training 
     of women, minorities, and individuals with diverse ethnic, 
     cultural, and linguistic backgrounds;
       (E) make service in more than one element of the 
     intelligence community a condition of promotion to such 
     positions within the intelligence community as the Director 
     shall specify;
       (F) ensure the effective management of intelligence 
     community personnel who are responsible for intelligence 
     community-wide matters;
       (G) provide for the effective management of human capital 
     within the intelligence community, including--
       (i) the alignment of human resource policies and programs 
     of the elements of the intelligence community with the 
     missions, goals, and organizational objectives of such 
     elements and of the intelligence community overall;
       (ii) the assessment of workforce characteristics and future 
     needs and the establishment of workforce development 
     strategies to meet those needs based on relevant 
     organizational missions and strategic plans;
       (iii) the sustainment of a culture that encourages and 
     allows for the development of a high performing workforce; 
     and
       (iv) the alignment of expectations for personnel 
     performance with relevant organizational missions and 
     strategic plans;
       (H) are consistent with the public employment principles of 
     merit and fitness set forth under section 2301 of title 5, 
     United States Code; and
       (I) include the enhancements required under section 114;
       (9) promote and evaluate the utility of national 
     intelligence to consumers within the United States 
     Government;
       (10) ensure that appropriate officials of the United States 
     Government and other appropriate individuals have access to a 
     variety of intelligence assessments and analytical views;
       (11) protect intelligence sources and methods from 
     unauthorized disclosure;
       (12) establish requirements and procedures for the 
     classification of intelligence information and for access to 
     classified intelligence information;
       (13) establish requirements and procedures for the 
     dissemination of classified information by elements of the 
     intelligence community;
       (14) establish intelligence reporting guidelines that 
     maximize the dissemination of information while protecting 
     intelligence sources and methods;
       (15) develop, in consultation with the heads of appropriate 
     departments and agencies of the United States Government, an 
     integrated communications network that provides interoperable 
     communications capabilities among all elements of the 
     intelligence community and such other entities and persons as 
     the Director considers appropriate;
       (16) establish standards for information technology and 
     communications for the intelligence community;
       (17) ensure that the intelligence community makes efficient 
     and effective use of open-source information and analysis;
       (18) ensure compliance by elements of the intelligence 
     community with the Constitution and all laws, regulations, 
     Executive orders, and implementing guidelines of the United 
     States applicable to the intelligence and intelligence-
     related activities of the United States Government, including 
     the provisions of the Constitution and all laws, regulations, 
     Executive orders, and implementing guidelines of the United 
     States applicable to the protection of the privacy and civil 
     liberties of United States persons;
       (19) eliminate waste and unnecessary duplication within the 
     intelligence community; and
       (20) perform such other functions as the President may 
     direct.
       (b) Uniform Procedures for Sensitive Compartmented 
     Information.--The President, acting through the National 
     Intelligence Director, shall establish uniform standards and 
     procedures for the grant to sensitive compartmented 
     information in accordance with section 115.
       (c) Performance of Common Services.--(1) The National 
     Intelligence Director shall, in consultation with the heads 
     of departments and agencies of the United States Government 
     containing elements within the intelligence community and 
     with the Director of the Central Intelligence Agency, direct 
     and coordinate the performance by the elements of the 
     intelligence community within the National Intelligence 
     Program of such services as are of common concern to the 
     intelligence community, which services the National 
     Intelligence Director determines can be more efficiently 
     accomplished in a consolidated manner.
       (2) The services performed under paragraph (1) shall 
     include research and development on technology for use in 
     national intelligence missions.
       (d) Regulations.--The National Intelligence Director may 
     prescribe regulations relating to the discharge and 
     enforcement of the responsibilities of the Director under 
     this section.

     SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.

       (a) Access to Intelligence.--Unless otherwise directed by 
     the President, the National Intelligence Director shall have 
     access to all intelligence 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 the intelligence and 
     intelligence-related activities of the United States 
     Government under section 112(a)(1) by--
       (1) providing to the heads of the departments containing 
     agencies or elements within the intelligence community and 
     that have one or more programs, projects, or activities 
     within the National Intelligence program,

[[Page S9618]]

     and to the heads of such agencies and elements, guidance for 
     development the National Intelligence Program budget 
     pertaining to such agencies or elements;
       (2) developing and presenting to the President an annual 
     budget for the National Intelligence Program after 
     consultation with the heads of agencies or elements, and the 
     heads of their respective departments, under paragraph (1), 
     including, in furtherance of such budget, the review, 
     modification, and approval of budgets of the agencies or 
     elements of the intelligence community with one or more 
     programs, projects, or activities within the National 
     Intelligence Program utilizing the budget authorities in 
     subsection (c)(1);
       (3) providing guidance on the development of annual budgets 
     for each element of the intelligence community that does not 
     have any program, project, or activity within the National 
     Intelligence Program utilizing the budget authorities in 
     subsection (c)(2);
       (4) participating in the development by the Secretary of 
     Defense of the annual budget for military intelligence 
     programs and activities outside the National Intelligence 
     Program;
       (5) receiving the appropriations for the National 
     Intelligence Program as specified in subsection (d) and 
     allotting and allocating funds to agencies and elements of 
     the intelligence community; and
       (6) managing and overseeing the execution by the agencies 
     or elements of the intelligence community, and, if necessary, 
     the modification of the annual budget for the National 
     Intelligence Program, including directing the reprogramming 
     and transfer of funds, and the transfer of personnel, among 
     and between elements of the intelligence community within the 
     National Intelligence Program utilizing the authorities in 
     subsections (f) and (g).
       (c) Budget Authorities.--(1)(A) In developing and 
     presenting an annual budget for the elements of the 
     intelligence community within the National Intelligence 
     Program under subsection (b)(1), the National Intelligence 
     Director shall coordinate, prepare, and present to the 
     President the annual budgets of those elements, in 
     consultation with the heads of those elements.
       (B) If any portion of the budget for an element of the 
     intelligence community within the National Intelligence 
     Program is prepared outside the Office of the National 
     Intelligence Director, the Director--
       (i) shall approve such budget before submission to the 
     President; and
       (ii) may require modifications of such budget to meet the 
     requirements and priorities of the Director before approving 
     such budget under clause (i).
       (C) The budget of an agency or element of the intelligence 
     community with one or more programs, projects, or activities 
     within the National Intelligence Program may not be provided 
     to the President unless the Director has first approved such 
     budget.
       (2)(A) The Director shall provide guidance for the 
     development of the annual budgets for each agency or element 
     of the intelligence community that does not have any program, 
     project, or activity within the National Intelligence 
     Program.
       (B) The heads of the agencies or elements of the 
     intelligence community, and the heads of their respective 
     departments, referred to in subparagraph (A) shall coordinate 
     closely with the Director in the development of the budgets 
     of such agencies or elements, before the submission of their 
     recommendations on such budgets to the President.
       (d) Jurisdiction of Funds Under NIP.--(1) Notwithstanding 
     any other provision of law and consistent with section 504 of 
     the National Security Act of 1947 (50 U.S.C. 414), any 
     amounts appropriated or otherwise made available for the 
     National Intelligence Program shall be appropriated to the 
     National Intelligence Authority and, pursuant to subsection 
     (e), under the direct jurisdiction of the National 
     Intelligence Director.
       (2) The Director shall manage and oversee the execution by 
     each element of the intelligence community of any amounts 
     appropriated or otherwise made available to such element 
     under the National Intelligence Program.
       (e) Accounts for Administration of NIP Funds.--(1) The 
     Secretary of the Treasury shall, in consultation with the 
     National Intelligence Director, establish accounts for the 
     funds under the jurisdiction of the Director under subsection 
     (d) for purposes of carrying out the responsibilities and 
     authorities of the Director under this Act with respect to 
     the National Intelligence Program.
       (2) The National Intelligence Director shall--
       (A) control and manage the accounts established under 
     paragraph (1); and
       (B) with the concurrence of the Director of the Office of 
     Management and Budget, establish procedures governing the use 
     (including transfers and reprogrammings) of funds in such 
     accounts.
       (3)(A) To the extent authorized by law, a certifying 
     official shall follow the procedures established under 
     paragraph (2)(B) with regard to each account established 
     under paragraph (1). Disbursements from any such account 
     shall only be made against a valid obligation of such 
     account.
       (B) In this paragraph, the term ``certifying official', 
     with respect to an element of the intelligence community, 
     means an employee of the element who has responsibilities 
     specified in section 3528(a) of title 31, United States Code.
       (4) The National Intelligence Director shall allot funds 
     deposited in an account established under paragraph (1) 
     directly to the head of the elements of the intelligence 
     community concerned in accordance with the procedures 
     established under paragraph (2)(B).
       (5) Each account established under paragraph (1) shall be 
     subject to chapters 13 and 15 of title 31, United States 
     Code, other than sections 1503 and 1556 of that title.
       (6) Nothing in this subsection shall be construed to impair 
     or otherwise affect the authority granted by subsection 
     (g)(3) or by section 5 or 8 of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403f, 403j).
       (f) Role in Reprogramming or Transfer of NIP Funds by 
     Elements of Intelligence Community.--(1) No funds made 
     available under the National Intelligence Program may be 
     reprogrammed or transferred by any agency or element of the 
     intelligence community without the prior approval of the 
     National Intelligence Director except in accordance with 
     procedures issued by the Director.
       (2) The head of the department concerned shall consult with 
     the Director before reprogramming or transferring funds 
     appropriated or otherwise made available to an agency or 
     element of the intelligence community that does not have any 
     program, project, or activity within the National 
     Intelligence Program.
       (3) The Director shall, before reprogramming funds 
     appropriated or otherwise made available for an element of 
     the intelligence community within the National Intelligence 
     Program, consult with the head of the department or agency 
     having jurisdiction over such element regarding such 
     reprogramming.
       (4)(A) The Director shall consult with the appropriate 
     committees of Congress regarding modifications of existing 
     procedures to expedite the reprogramming of funds within the 
     National Intelligence Program.
       (B) Any modification of procedures under subparagraph (A) 
     shall include procedures for the notification of the 
     appropriate committees of Congress of any objection raised by 
     the head of a department or agency to a reprogramming 
     proposed by the Director as a result of consultations under 
     paragraph (3).
       (g) Transfer or Reprogramming of Funds and Transfer of 
     Personnel Within NIP.--(1) In addition to any other 
     authorities available under law for such purposes, the 
     National Intelligence Director, with the approval of the 
     Director of the Office of Management and Budget and after 
     consultation with the heads of the departments containing 
     agencies or elements within the intelligence community to the 
     extent their subordinate agencies or elements are affected, 
     with the heads of such subordinate agencies or elements, and 
     with the Director of the Central Intelligence Agency to the 
     extent the Central Intelligence Agency is affected, may--
       (A) transfer or reprogram funds appropriated for a program 
     within the National Intelligence Program to another such 
     program;
       (B) review, and approve or disapprove, any proposal to 
     transfer or reprogram funds from appropriations that are not 
     for the National Intelligence Program to appropriations for 
     the National Intelligence Program;
       (C) in accordance with procedures to be developed by the 
     National Intelligence Director, transfer personnel of the 
     intelligence community funded through the National 
     Intelligence Program from one element of the intelligence 
     community to another element of the intelligence community; 
     and
       (D) in accordance with procedures to be developed by the 
     National Intelligence Director and the heads of the 
     departments and agencies concerned, transfer personnel of the 
     intelligence community not funded through the National 
     Intelligence Program from one element of the intelligence 
     community to another element of the intelligence community.
       (2) A transfer of funds or personnel may be made under this 
     subsection only if--
       (A) the funds or personnel are being transferred to an 
     activity that is a higher priority intelligence activity;
       (B) the transfer does not involve a transfer of funds to 
     the Reserve for Contingencies of the National Intelligence 
     Director; or
       (C) the transfer does not exceed applicable ceilings 
     established in law for such transfers.
       (3) Funds transferred under this subsection shall remain 
     available for the same period as the appropriations account 
     to which transferred.
       (4) Any transfer of funds under this subsection shall be 
     carried out in accordance with existing procedures applicable 
     to reprogramming notifications for the appropriate 
     congressional committees. Any proposed transfer for which 
     notice is given to the appropriate congressional committees 
     shall be accompanied by a report explaining the nature of the 
     proposed transfer and how it satisfies the requirements of 
     this subsection. In addition, the congressional intelligence 
     committees shall be promptly notified of any transfer of 
     funds made pursuant to this subsection in any case in which 
     the transfer would not have otherwise required reprogramming 
     notification under procedures in effect as of October 24, 
     1992.
       (5)(A) The National Intelligence Director shall promptly 
     submit to the appropriate committees of Congress a report on 
     any transfer of personnel made pursuant to this subsection. 
     The Director shall include in any such report an explanation 
     of the nature of the transfer and how it satisfies the 
     requirements of this subsection.
       (B) In this paragraph, the term ``appropriate committees of 
     Congress'' means--

[[Page S9619]]

       (i)(I) the Committee on Appropriations and the Select 
     Committee on Intelligence of the Senate; and
       (II) the Committee on Appropriations and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives;
       (ii) in the case of a transfer of personnel to or from the 
     Department of Defense--
       (I) the committees and select committees referred to in 
     clause (i);
       (II) the Committee on Armed Services of the Senate; and
       (III) the Committee on Armed Services of the House of 
     Representatives;
       (iii) in the case of a transfer of personnel to or from the 
     Federal Bureau of Investigation--
       (I) the committees and select committees referred to in 
     clause (i);
       (II) the Committee on the Judiciary of the Senate; and
       (III) the Committee on the Judiciary of the House of 
     Representatives; and
       (iv) in the case of a transfer of personnel to or from the 
     Department of Homeland Security--
       (I) the committees and select committees referred to in 
     clause (i);
       (II) the Committee on Governmental Affairs of the Senate; 
     and
       (III) the Select Committee on Homeland Security of the 
     House of Representatives.
       (h) Information Technology and Communications.--(1) In 
     conforming with section 205, in carrying out section 
     112(a)(16), the National Intelligence Director shall--
       (A) establish standards for information technology and 
     communications across the intelligence community;
       (B) develop an integrated information technology network 
     and enterprise architecture for the intelligence community, 
     including interface standards for interoperability to enable 
     automated information-sharing among elements of the 
     intelligence community;
       (C) maintain an inventory of critical information 
     technology and communications systems, and eliminate 
     unnecessary or duplicative systems;
       (D) establish contingency plans for the intelligence 
     community regarding information technology and 
     communications; and
       (E) establish policies, doctrine, training, and other 
     measures necessary to ensure that the intelligence community 
     develops an integrated information technology and 
     communications network that ensures information-sharing.
       (2) Consistent with section 205, the Director shall take 
     any action necessary, including the setting of standards for 
     information technology and communications across the 
     intelligence community, to develop an integrated information 
     technology and communications network that ensures 
     information-sharing across the intelligence community.
       (i) Coordination With Foreign Governments.--In a manner 
     consistent with section 207 of the Foreign Service Act of 
     1980 (22 U.S.C. 3927), the National Intelligence Director 
     shall oversee and direct the Director of the Central 
     Intelligence Agency in coordinating, under section 103(f) of 
     the National Security Act of 1947, the relationships between 
     elements of the intelligence community and the intelligence 
     or security services of foreign governments on all matters 
     involving intelligence related to the national security or 
     involving intelligence acquired through clandestine means.
       (j) Open Source Information Collection.--The National 
     Intelligence Director shall establish and maintain within the 
     intelligence community an effective and efficient open-source 
     information collection capability.
       (k) Access to Information.--Except as otherwise directed by 
     the President, the head of each element of the intelligence 
     community shall promptly provide the National Intelligence 
     Director such information in the possession or under the 
     control of such element as the Director may request in order 
     to facilitate the exercise of the authorities and 
     responsibilities of the Director under this Act.

     SEC. 114. ENHANCED PERSONNEL MANAGEMENT.

       (a) Rewards for Service in Certain Positions.--(1) The 
     National Intelligence Director shall prescribe regulations to 
     provide incentives for service on the staff of the national 
     intelligence centers, on the staff of the National 
     Counterterrorism Center, and in other positions in support of 
     the intelligence community management functions of the 
     Director.
       (2) Incentives under paragraph (1) may include financial 
     incentives, bonuses, and such other awards and incentives as 
     the Director considers appropriate.
       (b) Enhanced Promotion for Service Under NID.--
     Notwithstanding any other provision of law, the National 
     Intelligence Director shall ensure that personnel of an 
     element of the intelligence community who are assigned or 
     detailed to service under the National Intelligence Director 
     shall be promoted at rates equivalent to or better than 
     personnel of such element who are not so assigned or 
     detailed.
       (c) Joint Career Matters.--(1) In carrying out section 
     112(a)(8), the National Intelligence Director shall prescribe 
     mechanisms to facilitate the rotation of personnel of the 
     intelligence community through various elements of the 
     intelligence community in the course of their careers in 
     order to facilitate the widest possible understanding by such 
     personnel of the variety of intelligence requirements, 
     methods, and disciplines.
       (2) The mechanisms prescribed under paragraph (1) may 
     include the following:
       (A) The establishment of special occupational categories 
     involving service, over the course of a career, in more than 
     one element of the intelligence community.
       (B) The provision of rewards for service in positions 
     undertaking analysis and planning of operations involving two 
     or more elements of the intelligence community.
       (C) The establishment of requirements for education, 
     training, service, and evaluation that involve service in 
     more than one element of the intelligence community.
       (3) It is the sense of Congress that the mechanisms 
     prescribed under this subsection should, to the extent 
     practical, seek to duplicate within the intelligence 
     community the joint officer management policies established 
     by the Goldwater-Nichols Department of Defense Reorganization 
     Act of 1986 (Public Law 99-433) and the amendments on joint 
     officer management made by that Act.

     SEC. 115. SECURITY CLEARANCES.

       (a) In General.--The President, in consultation with the 
     National Intelligence Director, the department, agency, or 
     element selected under (b), and other appropriate officials 
     shall--
       (1) establish uniform standards and procedures for the 
     grant of access to classified information for employees and 
     contractor personnel of the United States Government who 
     require access to such information;
       (2) ensure the consistent implementation of the standards 
     and procedures established under paragraph (1) throughout the 
     departments, agencies, and elements of the United States 
     Government and under contracts entered into by such 
     departments, agencies, and elements;
       (3) ensure that an individual who is granted or continued 
     eligibility for access to classified information is treated 
     by each department, agency, or element of the executive 
     branch as eligible for access to classified information at 
     that level for all purposes of each such department, agency, 
     or element, regardless of which department, agency, or 
     element of the executive branch granted or continued the 
     eligibility of such individual for access to classified 
     information;
       (4) establish uniform requirements and standards, including 
     for security questionnaires, financial disclosure 
     requirements, and standards for administering polygraph 
     examinations, to be utilized for the performance of security 
     clearance investigations, including by the contractors 
     conducting such investigations; and
       (5) ensure that the database established under subsection 
     (b)(2)(B) meets the needs of the intelligence community.
       (b) Performance of Security Clearance Investigations.--(1) 
     Not later than 45 days after the date of the enactment of 
     this Act, the President shall select a single department, 
     agency, or element of the executive branch to conduct all 
     security clearance investigations of employees and contractor 
     personnel of the United States Government who require access 
     to classified information and to provide and maintain all 
     security clearances of such employees and contractor 
     personnel.
       (2) The department, agency, or element selected under 
     paragraph (1) shall--
       (A) take all necessary actions to carry out the 
     requirements of this section, including entering into a 
     memorandum of understanding with any agency carrying out 
     responsibilities relating to security clearances or security 
     clearance investigations before the date of the enactment of 
     this Act;
       (B) as soon as practicable, establish and maintain a single 
     database for tracking security clearance applications, 
     security clearance investigations, and determinations of 
     eligibility for security clearances, which database shall 
     incorporate applicable elements of similar databases in 
     existence on the date of the enactment of this Act; and
       (C) ensure that security clearance investigations are 
     conducted in accordance with uniform standards and 
     requirements established under subsection (a)(4), including 
     uniform security questionnaires and financial disclosure 
     requirements.
       (c) Adjudication and Grant of Security Clearances.--(1) 
     Each agency that adjudicates and grants security clearances 
     as of the date of the enactment of this Act may continue to 
     adjudicate and grant security clearances after that date.
       (2) Each agency that adjudicates and grants security 
     clearances shall specify to the department, agency, or 
     element selected under subsection (b) the level of security 
     clearance investigation required for an individual under its 
     jurisdiction.
       (3) Upon granting or continuing eligibility for access to 
     classified information to an individual under its 
     jurisdiction, an agency that adjudicates and grants security 
     clearances shall submit to the department, agency, or element 
     selected under subsection (b) notice of that action, 
     including the level of access to classified information 
     granted.
       (d) Utilization of Personnel.--There shall be transferred 
     to the department, agency, or element selected under 
     subsection (b) any personnel of any executive agency whose 
     sole function as of the date of the enactment of this Act is 
     the performance of security clearance investigations.
       (e) Transition.--The President shall take appropriate 
     actions to ensure that the performance of security clearance 
     investigations under this section commences not later than 
     one year after the date of the enactment of this Act.

[[Page S9620]]

     SEC. 116. NATIONAL INTELLIGENCE RESERVE CORPS.

       (a) Establishment.--The National Intelligence Director may 
     provide for the establishment and training of a National 
     Intelligence Reserve Corps (in this section referred to as 
     ``National Intelligence Reserve Corps'') for the temporary 
     reemployment on a voluntary basis of former employees of 
     elements of the intelligence community during periods of 
     emergency, as determined by the Director.
       (b) Eligible Individuals.--An individual may participate in 
     the National Intelligence Reserve Corps only if the 
     individual previously served as a full time employee of an 
     element of the intelligence community.
       (c) Limitation on Membership.--The total number of 
     individuals who are members of the National Intelligence 
     Reserve Corps at any given time may not exceed 200 
     individuals.
       (d) Terms of Participation.--The National Intelligence 
     Director shall prescribe the terms and conditions under which 
     eligible individuals may participate in the National 
     Intelligence Reserve Corps.
       (e) Expenses.--The National Intelligence Director may 
     provide members of the National Intelligence Reserve Corps 
     transportation and per diem in lieu of subsistence for 
     purposes of participating in any training that relates to 
     service as a member of the Reserve Corps.
       (f) Treatment of Annuitants.--(1) If an annuitant receiving 
     an annuity from the Civil Service Retirement and Disability 
     Fund becomes temporarily reemployed pursuant to this section, 
     such annuity shall not be discontinued thereby.
       (2) An annuitant so reemployed shall not be considered an 
     employee for the purposes of chapter 83 or 84 of title 5, 
     United States Code.
       (g) Treatment Under National Intelligence Authority 
     Personnel Ceiling.--A member of the National Intelligence 
     Reserve Corps who is reemployed on a temporary basis pursuant 
     to this section shall not count against any personnel ceiling 
     applicable to the National Intelligence Authority.

     SEC. 117. APPOINTMENT AND TERMINATION OF CERTAIN OFFICIALS 
                   RESPONSIBLE FOR INTELLIGENCE-RELATED 
                   ACTIVITIES.

       (a) Recommendation of NID in Certain Appointment.--In the 
     event of a vacancy in the position of Director of the Central 
     Intelligence Agency, the National Intelligence Director shall 
     recommend to the President an individual for nomination to 
     fill the vacancy.
       (b) 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 Assistant Secretary of Homeland Security for 
     Information Analysis.
       (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 on Termination of Service.--(1) 
     The National Intelligence Director may recommend to the 
     President or the head of the department or agency concerned 
     the termination of service of any individual serving in any 
     position covered by this section.
       (2) In the event the Director intends to recommend to the 
     President the termination of service of an individual under 
     paragraph (1), the Director shall seek the concurrence of the 
     head of the department or agency concerned. If the head of 
     the department or agency concerned does not concur in the 
     recommendation, the Director may make the recommendation to 
     the President without the concurrence of the head of the 
     department or agency concerned, but shall notify the 
     President that the head of the department or agency concerned 
     does not concur in the recommendation.

     SEC. 118. RESERVE FOR CONTINGENCIES OF THE NATIONAL 
                   INTELLIGENCE DIRECTOR.

       (a) Establishment.--There is hereby established on the 
     books of the Treasury an account to be known as the Reserve 
     for Contingencies of the National Intelligence Director.
       (b) Elements.--The Reserve shall consist of the following 
     elements:
       (1) Amounts authorized to be appropriated to the Reserve.
       (2) Any amounts authorized to be transferred to or 
     deposited in the Reserve by law.
       (c) Availability.--Amounts in the Reserve shall be 
     available for such purposes as are provided by law.
       (d) Transfer of Funds of Reserve for Contingencies of 
     CIA.--There shall be transferred to the Reserve for 
     Contingencies of the National Intelligence Director all 
     unobligated balances of the Reserve for Contingencies of the 
     Central Intelligence Agency as of the date of the enactment 
     of this Act.

        Subtitle C--Office of the National Intelligence Director

     SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.

       (a) Office of National Intelligence Director.--There is 
     within the National Intelligence Authority an Office of the 
     National Intelligence Director.
       (b) Function.--The function of the Office of the National 
     Intelligence Director is to assist the National Intelligence 
     Director in carrying out the duties and responsibilities of 
     the Director under this Act, the National Security Act of 
     1947 (50 U.S.C. 401 et seq.), and other applicable provisions 
     of law, and to carry out such other duties as may be 
     prescribed by the President or by law.
       (c) Composition.--The Office of the National Intelligence 
     Director is composed of the following:
       (1) The Principal Deputy National Intelligence Director.
       (2) Any Deputy National Intelligence Director appointed 
     under section 122(b).
       (3) The National Intelligence Council.
       (4) The General Counsel of the National Intelligence 
     Authority.
       (5) The Intelligence Comptroller.
       (6) The Officer for Civil Rights and Civil Liberties of the 
     National Intelligence Authority.
       (7) The Privacy Officer of the National Intelligence 
     Authority.
       (8) The Chief Information Officer of the National 
     Intelligence Authority.
       (9) The Chief Human Capital Officer of the National 
     Intelligence Authority.
       (10) The Chief Financial Officer of the National 
     Intelligence Authority.
       (11) The National Counterintelligence Executive (including 
     the Office of the National Counterintelligence Executive).
       (12) Such other offices and officials as may be established 
     by law or the Director may establish or designate in the 
     Office.
       (d) Staff.--(1) To assist the National Intelligence 
     Director in fulfilling the duties and responsibilities of the 
     Director, the Director shall employ and utilize in the Office 
     of the National Intelligence Director a professional staff 
     having an expertise in matters relating to such duties and 
     responsibilities, and may establish permanent positions and 
     appropriate rates of pay with respect to that staff.
       (2) The staff of the Office of the National Intelligence 
     Director under paragraph (1) shall include the staff of the 
     Office of the Deputy Director of Central Intelligence for 
     Community Management that is transferred to the Office of the 
     National Intelligence Director under section 321.
       (e) Prohibition on Co-Location With Other Elements of 
     Intelligence Community.--Commencing as of October 1, 2006, 
     the Office of the National Intelligence Director may not be 
     co-located with any other element of the intelligence 
     community.

     SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.

       (a) Principal Deputy National Intelligence Director.--(1) 
     There is a Principal Deputy National Intelligence Director 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       (2) In the event of a vacancy in the position of Principal 
     Deputy National Intelligence Director, the National 
     Intelligence Director shall recommend to the President an 
     individual for appointment as Principal Deputy National 
     Intelligence Director.
       (3) Any individual nominated for appointment as Principal 
     Deputy National Intelligence Director shall have extensive 
     national security experience and management expertise.
       (4) The individual serving as Principal Deputy National 
     Intelligence Director may not, while so serving, serve in any 
     capacity in any other element of the intelligence community, 
     except to the extent that the individual serving as Principal 
     Deputy National Intelligence Director is doing so in an 
     acting capacity.
       (5) The Principal Deputy National Intelligence Director 
     shall assist the National Intelligence Director in carrying 
     out the duties and responsibilities of the Director.
       (6) The Principal Deputy National Intelligence Director 
     shall act for, and exercise the powers of, the National 
     Intelligence Director during the absence or disability of the 
     National Intelligence Director or during a vacancy in the 
     position of National Director of Intelligence.

[[Page S9621]]

       (b) Deputy National Intelligence Directors.--(1) There may 
     be not more than four Deputy National Intelligence Directors 
     who shall be appointed by the President.
       (2) In the event of a vacancy in any position of Deputy 
     National Intelligence Director established under this 
     subsection, the National Intelligence Director shall 
     recommend to the President an individual for appointment to 
     such position.
       (3) Each Deputy National Intelligence Director appointed 
     under this subsection shall have such duties, 
     responsibilities, and authorities as the National 
     Intelligence Director may assign or are specified by law.

     SEC. 123. NATIONAL INTELLIGENCE COUNCIL.

       (a) National Intelligence Council.--There is a National 
     Intelligence Council.
       (b) Composition.--(1) The National Intelligence Council 
     shall be composed of senior analysts within the intelligence 
     community and substantive experts from the public and private 
     sector, who shall be appointed by, report to, and serve at 
     the pleasure of, the National Intelligence Director.
       (2) The Director shall prescribe appropriate security 
     requirements for personnel appointed from the private sector 
     as a condition of service on the Council, or as contractors 
     of the Council or employees of such contractors, to ensure 
     the protection of intelligence sources and methods while 
     avoiding, wherever possible, unduly intrusive requirements 
     which the Director considers to be unnecessary for this 
     purpose.
       (c) Duties and Responsibilities.--(1) The National 
     Intelligence Council shall--
       (A) produce national intelligence estimates for the United 
     States Government, including alternative views held by 
     elements of the intelligence community and other information 
     as specified in paragraph (2);
       (B) evaluate community-wide collection and production of 
     intelligence by the intelligence community and the 
     requirements and resources of such collection and production; 
     and
       (C) otherwise assist the National Intelligence Director in 
     carrying out the responsibilities of the Director under 
     section 111.
       (2) The National Intelligence Director shall ensure that 
     the Council satisfies the needs of policymakers and other 
     consumers of intelligence by ensuring that each national 
     intelligence estimate under paragraph (1)--
       (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. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

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

     SEC. 125. 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. 126. 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 President.
       (b) Supervision.--The Officer for Civil Rights and Civil 
     Liberties of the National Intelligence Authority shall report 
     directly to the National Intelligence Director.
       (c) Duties.--The Officer for Civil Rights and Civil 
     Liberties of the National Intelligence Authority shall--
       (1) assist the National Intelligence Director in ensuring 
     that the protection of civil rights and civil liberties, as 
     provided in the Constitution, laws, regulations, and 
     Executive orders of the United States, is appropriately 
     incorporated in--
       (A) the policies and procedures developed for and 
     implemented by the National Intelligence Authority;
       (B) the policies and procedures regarding the relationships 
     among the elements of the intelligence community within the 
     National Intelligence Program; and
       (C) the policies and procedures regarding the relationships 
     between the elements of the intelligence community within the 
     National Intelligence Program and the other elements of the 
     intelligence community;
       (2) oversee compliance by the Authority, and in the 
     relationships described in paragraph (1), with requirements 
     under the Constitution and all laws, regulations, Executive 
     orders, and implementing guidelines relating to civil rights 
     and civil liberties;
       (3) review, investigate, and assess complaints and other 
     information indicating possible abuses of civil rights or 
     civil liberties, as provided in the Constitution, laws, 
     regulations, and Executive orders of the United States, in 
     the administration of the programs and operations of the 
     Authority, and in the relationships described in paragraph 
     (1), unless, in the determination of the Inspector General of 
     the National Intelligence Authority, the review, 
     investigation, or assessment of a particular complaint or 
     information can better be conducted by the Inspector General;
       (4) coordinate with the Privacy Officer of the National 
     Intelligence Authority to ensure that programs, policies, and 
     procedures involving civil rights, civil liberties, and 
     privacy considerations are addressed in an integrated and 
     comprehensive manner; and
       (5) perform such other duties as may be prescribed by the 
     Director or specified by law.

     SEC. 127. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

       (a) Privacy Officer of National Intelligence Authority.--
     There is a Privacy Officer of the National Intelligence 
     Authority who shall be appointed by the National Intelligence 
     Director.
       (b) Duties.--(1) The Privacy Officer of the National 
     Intelligence Authority shall have primary responsibility for 
     the privacy policy of the National Intelligence Authority 
     (including in the relationships among the elements of the 
     intelligence community within the National Intelligence 
     Program and the relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence 
     community).
       (2) In discharging the responsibility under paragraph (1), 
     the Privacy Officer shall--
       (A) assure that the use of technologies sustain, and do not 
     erode, privacy protections relating to the use, collection, 
     and disclosure of personal information;
       (B) assure that personal information contained in Privacy 
     Act systems of records is handled in full compliance with 
     fair information practices as set out in the Privacy Act of 
     1974;
       (C) conduct privacy impact assessments when appropriate or 
     as required by law; and
       (D) coordinate with the Officer for Civil Rights and Civil 
     Liberties of the National Intelligence Authority to ensure 
     that programs, policies, and procedures involving civil 
     rights, civil liberties, and privacy considerations are 
     addressed in an integrated and comprehensive manner.

     SEC. 128. CHIEF INFORMATION OFFICER OF THE NATIONAL 
                   INTELLIGENCE AUTHORITY.

       (a) Chief Information Officer of National Intelligence 
     Authority.--There is a

[[Page S9622]]

     Chief Information Officer of the National Intelligence 
     Authority who shall be appointed by the National Intelligence 
     Director.
       (b) Duties.--The Chief Information Officer of the National 
     Intelligence Authority shall--
       (1) assist the National Intelligence Director in 
     implementing the responsibilities and executing the 
     authorities related to information technology under 
     paragraphs (15) and (16) of section 112(a) and section 
     113(h); and
       (2) perform such other duties as may be prescribed by the 
     Director or specified by law.

     SEC. 129. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL 
                   INTELLIGENCE AUTHORITY.

       (a) Chief Human Capital Officer of National Intelligence 
     Authority.--There is a Chief Human Capital Officer of the 
     National Intelligence Authority who shall be appointed by the 
     National Intelligence Director.
       (b) Duties.--The Chief Human Capital Officer of the 
     National Intelligence Authority shall--
       (1) have the functions and authorities provided for Chief 
     Human Capital Officers under sections 1401 and 1402 of title 
     5, United States Code, with respect to the National 
     Intelligence Authority; and
       (2) advise and assist the National Intelligence Director in 
     exercising the authorities and responsibilities of the 
     Director with respect to the workforce of the intelligence 
     community as a whole.

     SEC. 130. CHIEF FINANCIAL OFFICER OF THE NATIONAL 
                   INTELLIGENCE AUTHORITY.

       (a) Chief Financial Officer of National Intelligence 
     Authority.--There is a Chief Financial Officer of the 
     National Intelligence Authority who shall be designated by 
     the President, in consultation with the National Intelligence 
     Director.
       (b) Designation Requirements.--The designation of an 
     individual as Chief Financial Officer of the National 
     Intelligence Authority shall be subject to applicable 
     provisions of section 901(a) of title 31, United States Code.
       (c) Authorities and Functions.--The Chief Financial Officer 
     of the National Intelligence Authority shall have such 
     authorities, and carry out such functions, with respect to 
     the National Intelligence Authority as are provided for an 
     agency Chief Financial Officer by section 902 of title 31, 
     United States Code, and other applicable provisions of law.
       (d) Coordination With NIA Comptroller.--(1) The Chief 
     Financial Officer of the National Intelligence Authority 
     shall coordinate with the Comptroller of the National 
     Intelligence Authority in exercising the authorities and 
     performing the functions provided for the Chief Financial 
     Officer under this section.
       (2) The National Intelligence Director shall take such 
     actions as are necessary to prevent duplication of effort by 
     the Chief Financial Officer of the National Intelligence 
     Authority and the Comptroller of the National Intelligence 
     Authority.
       (e) Integration of Financial Systems.--Subject to the 
     supervision, direction, and control of the National 
     Intelligence Director, the Chief Financial Officer of the 
     National Intelligence Authority shall take appropriate 
     actions to ensure the timely and effective integration of the 
     financial systems of the National Intelligence Authority 
     (including any elements or components transferred to the 
     Authority by this Act), and of the financial systems of the 
     Authority with applicable portions of the financial systems 
     of the other elements of the intelligence community, as soon 
     as possible after the date of the enactment of this Act.
       (f) Protection of Annual Financial Statement From 
     Disclosure.--The annual financial statement of the National 
     Intelligence Authority required under section 3515 of title 
     31, United States Code--
       (1) shall be submitted in classified form; and
       (2) notwithstanding any other provision of law, shall be 
     withheld from public disclosure.

     SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.

       (a) National Counterintelligence Executive.--The National 
     Counterintelligence Executive under section 902 of the 
     Counterintelligence Enhancement Act of 2002 (title IX of 
     Public Law 107-306; 50 U.S.C. 402b et seq.), as amended by 
     section 309 of this Act, is a component of the Office of the 
     National Intelligence Director.
       (b) Duties.--The National Counterintelligence Executive 
     shall perform the duties provided in the Counterintelligence 
     Enhancement Act of 2002, as so amended, and such other duties 
     as may be prescribed by the National Intelligence Director or 
     specified by law.

   Subtitle D--Additional Elements of National Intelligence Authority

     SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE 
                   AUTHORITY.

       (a) Office of Inspector General of National Intelligence 
     Authority.--There is within the National Intelligence 
     Authority 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 relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence community;
       (2) recommend policies designed--
       (A) to promote economy, efficiency, and effectiveness in 
     the administration of such programs and operations, and in 
     such relationships; and
       (B) to prevent and 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--
       (A) problems and deficiencies relating to the 
     administration of such programs and operations, and to such 
     relationships; and
       (C) 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--
       (A) significant problems and deficiencies relating to the 
     administration of such programs and operations, and to such 
     relationships; and
       (B) 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 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, the 
     relationships among the elements of the intelligence 
     community within the National Intelligence Program, and the 
     relationships between the elements of the intelligence 
     community within the National Intelligence Program and the 
     other elements of the intelligence community 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 such 
     relationships, 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

[[Page S9623]]

     (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, and of any other element of the 
     intelligence community within the National Intelligence 
     Program, 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.
       (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 of 
     the National Intelligence Authority to cooperate with the 
     Inspector General shall be grounds for appropriate 
     administrative actions by the Director, including loss of 
     employment or 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 Federal government--
       (A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       (B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee in a position to take such actions, unless the 
     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       (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 the 30 days after the date of receipt 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, a relationship between the 
     elements of the intelligence community within the National 
     Intelligence Program, or a relationship between an element of 
     the intelligence community within the National Intelligence 
     Program and another element of the intelligence community.
       (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.

[[Page S9624]]

       (5)(A) An employee of the Authority, an employee of an 
     entity other than the Authority who is assigned or detailed 
     to the Authority, or an employee 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 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.
       (H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs (1) through (6) of section 
     701(b) of the Intelligence Community Whistleblower Protection 
     Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 
     8H note).
       (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. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE AUTHORITY.

       (a) Ombudsman of National Intelligence Authority.--There is 
     within the National Intelligence Authority an Ombudsman of 
     the National Intelligence Authority who shall be appointed by 
     the National Intelligence Director.
       (b) Duties.--The Ombudsman of the National Intelligence 
     Authority shall--
       (1) counsel, arbitrate, or offer recommendations on, and 
     have the authority to initiate inquiries into, real or 
     perceived problems of politicization, biased reporting, or 
     lack of objective analysis within the National Intelligence 
     Authority, or any element of the intelligence community 
     within the National Intelligence Program, or regarding any 
     analysis of national intelligence by any element of the 
     intelligence community;
       (2) monitor the effectiveness of measures taken to deal 
     with real or perceived politicization, biased reporting, or 
     lack of objective analysis within the Authority, or any 
     element of the intelligence community within the National 
     Intelligence Program, or regarding any analysis of national 
     intelligence by any element of the intelligence community; 
     and
       (3) conduct reviews of the analytic product or products of 
     the Authority, or any element of the intelligence community 
     within the National Intelligence Program, or of any analysis 
     of national intelligence by any element of the intelligence 
     community, with such reviews to be conducted so as to ensure 
     that analysis is timely, objective, independent of political 
     considerations, and based upon all sources available to the 
     intelligence community.
       (c) Analytic Review Unit.--(1) There is within the Office 
     of the Ombudsman of the National Intelligence Authority an 
     Analytic Review Unit.
       (2) The Analytic Review Unit shall assist the Ombudsman of 
     the National Intelligence Authority in performing the duties 
     and responsibilities of the Ombudsman set forth in subsection 
     (b)(3).
       (3) The Ombudsman shall provide the Analytic Review Unit a 
     staff who possess expertise in intelligence analysis that is 
     appropriate for the function of the Unit.
       (4) In assisting the Ombudsman, the Analytic Review Unit 
     shall, subject to the direction and control of the Ombudsman, 
     conduct detailed evaluations of intelligence analysis by the 
     following:
       (A) The National Intelligence Council.
       (B) The elements of the intelligence community within the 
     National Intelligence Program.
       (C) To the extent involving the analysis of national 
     intelligence, other elements of the intelligence community.
       (D) The divisions, offices, programs, officers, and 
     employees of the elements specified in subparagraphs (B) and 
     (C).
       (5) The results of the evaluations under paragraph (4) 
     shall be provided to the congressional intelligence 
     committees and, upon request, to appropriate heads of other 
     departments, agencies, and elements of the executive branch.
       (d) Access to Information.--In order to carry out the 
     duties specified in subsection (c), the Ombudsman of the 
     National Intelligence Authority shall, unless otherwise 
     directed by the President, have access to all analytic 
     products, field reports, and raw intelligence of any element 
     of the intelligence community, and to any reports or other 
     material of an Inspector General, that might be pertinent to 
     a matter under consideration by the Ombudsman.
       (e) Annual Reports.--The Ombudsman of the National 
     Intelligence Authority shall submit to the National 
     Intelligence Director and the congressional intelligence 
     committees on an annual basis a report that includes--
       (1) the assessment of the Ombudsman of the current level of 
     politicization, biased reporting, or lack of objective 
     analysis within the National Intelligence Authority, or any 
     element of the intelligence community within the National 
     Intelligence Program, or regarding any analysis of national 
     intelligence by any element of the intelligence community;
       (2) such recommendations for remedial measures as the 
     Ombudsman considers appropriate; and
       (3) an assessment of the effectiveness of remedial measures 
     previously taken within the intelligence community on matters 
     addressed by the Ombudsman.
       (f) Referral of Certain Matters for Investigation.--In 
     addition to carrying out activities under this section, the 
     Ombudsman of the National Intelligence Authority may refer 
     serious cases of misconduct related to politicization of 
     intelligence information, biased reporting, or lack of 
     objective analysis within the intelligence community to the 
     Inspector General of the National Intelligence Authority for 
     investigation.

     SEC. 143. NATIONAL COUNTERTERRORISM CENTER.

       (a) National Counterterrorism Center.--There is within the 
     National Intelligence Authority a National Counterterrorism 
     Center.
       (b) Director of National Counterterrorism Center.--(1) 
     There is a Director of the National Counterterrorism Center, 
     who shall be the head of the National Counterterrorism 
     Center, and who shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       (2) Any individual nominated for appointment as the 
     Director of the National Counterterrorism Center shall have 
     significant expertise in matters relating to the national 
     security of the United States and matters relating to 
     terrorism that threatens the national security of the United 
     States.
       (3) The individual serving as the Director of the National 
     Counterterrorism Center may not, while so serving, serve in 
     any capacity in any other element of the intelligence 
     community, except to the extent that the individual serving 
     as Director of the National Counterterrorism Center is doing 
     so in an acting capacity.
       (c) Supervision.--(1) The Director of the National 
     Counterterrorism Center shall report to the National 
     Intelligence Director on--
       (A) the budget and programs of the National 
     Counterterrorism Center; and

[[Page S9625]]

       (B) the activities of the Directorate of Intelligence of 
     the National Counterterrorism Center under subsection (g).
       (2) The Director of the National Counterterrorism Center 
     shall report to the President and the National Intelligence 
     Director on the planning and progress of joint 
     counterterrorism operations.
       (d) Primary Missions.--The primary missions of the National 
     Counterterrorism Center shall be as follows:
       (1) To develop and unify strategy for the civilian and 
     military counterterrorism efforts of the United States 
     Government.
       (2) To integrate counterterrorism intelligence activities 
     of the United States Government, both inside and outside the 
     United States.
       (3) To develop interagency counterterrorism plans, which 
     plans shall--
       (A) involve more than one department, agency, or element of 
     the executive branch (unless otherwise directed by the 
     President); and
       (B) include the mission, objectives to be achieved, courses 
     of action, parameters for such courses of action, 
     coordination of agency operational activities, 
     recommendations for operational plans, and assignment of 
     departmental or agency responsibilities.
       (4) To ensure that the collection of counterterrorism 
     intelligence, and the conduct of counterterrorism operations, 
     by the United States Government are informed by the analysis 
     of all-source intelligence.
       (e) Duties and Responsibilities of Director of National 
     Counterterrorism Center.--Notwithstanding any other provision 
     of law, at the direction of the President, the National 
     Security Council, and the National Intelligence Director, the 
     Director of the National Counterterrorism Center shall--
       (1) serve as the principal adviser to the President and the 
     National Intelligence Director on joint 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 and 
     deconfliction of counterterrorism intelligence and operations 
     across agency boundaries, both inside and outside the United 
     States;
       (3) advise the President and the National Intelligence 
     Director on the extent to which the counterterrorism program 
     recommendations and budget proposals of the departments, 
     agencies, and elements of the United States Government 
     conform to the priorities established by the President and 
     the National Security Council;
       (4) in accordance with subsection (f), concur in, or advise 
     the President on, the selections of personnel to head the 
     operating entities of the United States Government with 
     principal missions relating to counterterrorism; and
       (5) perform such other duties as the National Intelligence 
     Director may prescribe or are prescribed by law.
       (f) Role of Director of National Counterterrorism Center in 
     Certain Appointments.--(1) In the event of a vacancy in a 
     position referred to in paragraph (2), the head of the 
     department or agency having jurisdiction over the position 
     shall obtain the concurrence of the Director of the National 
     Counterterrorism Center before appointing an individual to 
     fill the vacancy or recommending to the President an 
     individual for nomination to fill the vacancy. If the 
     Director does not concur in the recommendation, the head of 
     the department or agency concerned may fill the vacancy or 
     make the recommendation to the President (as the case may be) 
     without the concurrence of the Director, but shall notify the 
     President that the Director does not concur in the 
     appointment or recommendation (as the case may be).
       (2) Paragraph (1) applies to the following positions:
       (A) The Director of the Central Intelligence Agency's 
     Counterterrorist Center.
       (B) The Assistant Director of the Federal Bureau of 
     Investigation in charge of the Counterterrorism Division.
       (C) The Coordinator for Counterterrorism of the Department 
     of State.
       (D) The head of such other operating entities of the United 
     States Government having principal missions relating to 
     counterterrorism as the President may designate for purposes 
     of this subsection.
       (3) The President shall notify Congress of the designation 
     of an operating entity of the United States Government under 
     paragraph (2)*D) not later than 30 days after the date of 
     such designation.
       (g) Directorate of Intelligence.--(1) The Director of the 
     National Counterterrorism Center shall establish and maintain 
     within the National Counterterrorism Center a Directorate of 
     Intelligence.
       (2) The Directorate shall utilize the capabilities of the 
     Terrorist Threat Integration Center (TTIC) transferred to the 
     Directorate by section 323 and such other capabilities as the 
     Director of the National Counterterrorism Center considers 
     appropriate.
       (3) The Directorate shall have primary responsibility 
     within the United States Government for analysis of terrorism 
     and terrorist organizations from all sources of intelligence, 
     whether collected inside or outside the United States.
       (4) The Directorate shall--
       (A) be the principal repository within the United States 
     Government for all-source information on suspected 
     terrorists, their organizations, and their capabilities;
       (B) propose intelligence collection requirements for action 
     by elements of the intelligence community inside and outside 
     the United States;
       (C) have primary responsibility within the United States 
     Government for net assessments and warnings about terrorist 
     threats, which assessments and warnings shall be based on a 
     comparison of terrorist intentions and capabilities with 
     assessed national vulnerabilities and countermeasures; and
       (D) perform such other duties and functions as the Director 
     of the National Counterterrorism Center may prescribe.
       (h) Directorate of Planning.--(1) The Director of the 
     National Counterterrorism Center shall establish and maintain 
     within the National Counterterrorism Center a Directorate of 
     Planning.
       (2) The Directorate shall have primary responsibility for 
     developing interagency counterterrorism plans, as described 
     in subsection (d)(3).
       (3) The Directorate shall--
       (A) provide guidance, and develop strategy and interagency 
     plans, to counter terrorist activities based on policy 
     objectives and priorities established by the National 
     Security Council;
       (B) develop interagency plans under subparagraph (A) 
     utilizing input from personnel in other departments, 
     agencies, and elements of the United States Government who 
     have expertise in the priorities, functions, assets, 
     programs, capabilities, and operations of such departments, 
     agencies, and elements with respect to counterterrorism;
       (C) assign responsibilities for counterterrorism operations 
     to the departments and agencies of the United States 
     Government (including the Department of Defense, the Central 
     Intelligence Agency, the Federal Bureau of Investigation, the 
     Department of Homeland Security, and other departments and 
     agencies of the United States Government), consistent with 
     the authorities of such departments and agencies;
       (D) monitor the implementation of operations assigned under 
     subparagraph (C) and update interagency plans for such 
     operations as necessary;
       (E) report to the President and the National Intelligence 
     Director on the compliance of the departments, agencies, and 
     elements of the United States with the plans developed under 
     subparagraph (A); and
       (F) perform such other duties and functions as the Director 
     of the National Counterterrorism Center may prescribe.
       (4) The Directorate may not direct the execution of 
     operations assigned under paragraph (3).
       (i) Staff.--(1) The National Intelligence Director may 
     appoint deputy directors of the National Counterterrorism 
     Center to oversee such portions of the operations of the 
     Center as the National Intelligence Director considers 
     appropriate.
       (2) To assist the Director of the National Counterterrorism 
     Center in fulfilling the duties and responsibilities of the 
     Director of the National Counterterrorism Center under this 
     section, the National Intelligence Director shall employ in 
     the National Counterterrorism Center a professional staff 
     having an expertise in matters relating to such duties and 
     responsibilities.
       (3) In providing for a professional staff for the National 
     Counterterrorism Center under paragraph (2), the National 
     Intelligence Director may establish as positions in the 
     excepted service such positions in the Center as the National 
     Intelligence Director considers appropriate.
       (4) The National Intelligence Director shall ensure that 
     the analytical staff of the National Counterterrorism Center 
     is comprised primarily of experts from elements in the 
     intelligence community and from such other personnel in the 
     United States Government as the National Intelligence 
     Director considers appropriate.
       (5)(A) In order to meet the requirements in paragraph (4), 
     the National Intelligence Director shall, from time to time--
       (i) specify the transfers, assignments, and details of 
     personnel funded within the National Intelligence Program to 
     the National Counterterrorism Center from any other element 
     of the intelligence community that the National Intelligence 
     Director considers appropriate; and
       (ii) in the case of personnel from a department, agency, or 
     element of the United States Government and not funded within 
     the National Intelligence Program, request the transfer, 
     assignment, or detail of such personnel from the department, 
     agency, or other element concerned.
       (B)(i) The head of an element of the intelligence community 
     shall promptly effect any transfer, assignment, or detail of 
     personnel specified by the National Intelligence Director 
     under subparagraph (A)(i).
       (ii) The head of a department, agency, or element of the 
     United States Government receiving a request for transfer, 
     assignment, or detail of personnel under subparagraph (A)(ii) 
     shall, to the extent practicable, approve the request.
       (6) Personnel employed in or assigned or detailed to the 
     National Counterterrorism Center under this subsection shall 
     be under the authority, direction, and control of the 
     Director of the National Counterterrorism Center on all 
     matters for which the Center has been assigned responsibility 
     and for all matters related to the accomplishment of the 
     missions of the Center.
       (7) Performance evaluations of personnel assigned or 
     detailed to the National

[[Page S9626]]

     Counterterrorism Center under this subsection shall be 
     undertaken by the supervisors of such personnel at the 
     Center.
       (8) The supervisors of the staff of the National 
     Counterterrorism Center may, with the approval of the 
     National Intelligence Director, reward the staff of the 
     Center for meritorious performance by the provision of such 
     performance awards as the National Intelligence Director 
     shall prescribe.
       (9) The National Intelligence Director may delegate to the 
     Director of the National Counterterrorism Center any 
     responsibility, power, or authority of the National 
     Intelligence Director under paragraphs (1) through (8).
       (10) The National Intelligence Director shall ensure that 
     the staff of the National Counterterrorism Center has access 
     to all databases maintained by the elements of the 
     intelligence community that are relevant to the duties of the 
     Center.
       (j) Support and Cooperation of Other Agencies.--(1) The 
     elements of the intelligence community and the other 
     departments, agencies, and elements of the United States 
     Government shall support, assist, and cooperate with the 
     National Counterterrorism Center in carrying out its missions 
     under this section.
       (2) The support, assistance, and cooperation of a 
     department, agency, or element of the United States 
     Government under this subsection shall include, but not be 
     limited to--
       (A) the implementation of interagency plans for operations, 
     whether foreign or domestic, that are developed by the 
     National Counterterrorism Center in a manner consistent with 
     the laws and regulations of the United States and consistent 
     with the limitation in subsection (h)(4);
       (B) cooperative work with the Director of the National 
     Counterterrorism Center to ensure that ongoing operations of 
     such department, agency, or element do not conflict with 
     joint operations planned by the Center;
       (C) reports, upon request, to the Director of the National 
     Counterterrorism Center on the progress of such department, 
     agency, or element in implementing responsibilities assigned 
     to such department, agency, or element through joint 
     operations plans; and
       (D) the provision to the analysts of the National 
     Counterterrorism Center electronic access in real time to 
     information and intelligence collected by such department, 
     agency, or element that is relevant to the missions of the 
     Center.
       (3) In the event of a disagreement between the National 
     Intelligence Director and the head of a department, agency, 
     or element of the United States Government on a plan 
     developed or responsibility assigned by the National 
     Counterterrorism Center under this subsection, the National 
     Intelligence Director may either accede to the head of the 
     department, agency, or element concerned or notify the 
     President of the necessity of resolving the disagreement.

     SEC. 144. NATIONAL INTELLIGENCE CENTERS.

       (a) National Intelligence Centers.--(1) The National 
     Intelligence Director may establish within the National 
     Intelligence Authority one or more centers (to be known as 
     ``national intelligence centers'') to address intelligence 
     priorities established by the National Security Council.
       (2) Each national intelligence center established under 
     this section shall be assigned an area of intelligence 
     responsibility.
       (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 administrative 
     support for such center to an element of the intelligence 
     community selected by the Director for that purpose.
       (2) The Director shall determine the structure and size of 
     each national intelligence center.
       (3) The Director shall notify Congress of the establishment 
     of each national intelligence center before the date of the 
     establishment of such center.
       (c) Directors of Centers.--(1) Each national intelligence 
     center shall have as its head a Director who shall be 
     appointed by the National Intelligence Director for that 
     purpose.
       (2) The Director of a national intelligence center shall 
     serve as the principal adviser to the National Intelligence 
     Director on intelligence matters with respect to the area of 
     intelligence responsibility assigned to the center.
       (3) In carrying out duties under paragraph (2), the 
     Director of a national intelligence center shall--
       (A) manage the operations of the center;
       (B) coordinate the provision of administration and support 
     by the element of the intelligence community with lead 
     responsibility for the center under subsection (b)(1);
       (C) submit budget and personnel requests for the center to 
     the National Intelligence Director;
       (D) seek such assistance from other departments, agencies, 
     and elements of the United States Government as is needed to 
     fulfill the mission of the center; and
       (E) advise the National Intelligence Director of the 
     information technology, personnel, and other requirements of 
     the center for the performance of its mission.
       (4) The National Intelligence Director shall ensure that 
     the Director of a national intelligence center has sufficient 
     authority, direction, and control to effectively accomplish 
     the mission of the center.
       (d) Mission of Centers.--Pursuant to the direction of the 
     National Intelligence Director, each national intelligence 
     center shall, in the area of intelligence responsibility 
     assigned to the center by the Director pursuant to 
     intelligence priorities established by the National Security 
     Council--
       (1) have primary responsibility for providing all-source 
     analysis of intelligence based upon foreign intelligence 
     gathered both abroad and domestically;
       (2) have primary responsibility for identifying and 
     proposing to the National Intelligence Director intelligence 
     collection and analysis requirements;
       (3) have primary responsibility for net assessments and 
     warnings;
       (4) ensure that appropriate officials of the United States 
     Government and other appropriate officials have access to a 
     variety of intelligence assessments and analytical views; and
       (5) perform such other duties as the National Intelligence 
     Director shall specify.
       (e) Information Sharing.--(1) The National Intelligence 
     Director shall ensure that the Directors of the national 
     intelligence centers and the other elements of the 
     intelligence community undertake appropriate sharing of 
     intelligence analysis and plans for operations in order to 
     facilitate the activities of the centers.
       (2) In order to facilitate information sharing under 
     paragraph (1), the Directors of the national intelligence 
     centers shall--
       (A) report directly to the National Intelligence Director 
     regarding their activities under this section; and
       (B) coordinate with the Principal Deputy National 
     Intelligence Director regarding such activities.
       (f) Staff.--(1) In providing for a professional staff for a 
     national intelligence center, the National Intelligence 
     Director may establish as positions in the excepted service 
     such positions in the center as the National Intelligence 
     Director considers appropriate.
       (2)(A) The National Intelligence Director shall, from time 
     to time--
       (i) specify the transfers, assignments, and details of 
     personnel funded within the National Intelligence Program to 
     a national intelligence center from any other element of the 
     intelligence community that the National Intelligence 
     Director considers appropriate; and
       (ii) in the case of personnel from a department, agency, or 
     element of the United States Government not funded within the 
     National Intelligence Program, request the transfer, 
     assignment, or detail of such personnel from the department, 
     agency, or other element concerned.
       (B)(i) The head of an element of the intelligence community 
     shall promptly effect any transfer, assignment, or detail of 
     personnel specified by the National Intelligence Director 
     under subparagraph (A)(i).
       (ii) The head of a department, agency, or element of the 
     United States Government receiving a request for transfer, 
     assignment, or detail of personnel under subparagraph (A)(ii) 
     shall, to the extent practicable, approve the request.
       (3) Personnel employed in or assigned or detailed to a 
     national intelligence center under this subsection shall be 
     under the authority, direction, and control of the Director 
     of the center on all matters for which the center has been 
     assigned responsibility and for all matters related to the 
     accomplishment of the mission of the center.
       (4) Performance evaluations of personnel assigned or 
     detailed to a national intelligence center under this 
     subsection shall be undertaken by the supervisors of such 
     personnel at the center.
       (5) The supervisors of the staff of a national center may, 
     with the approval of the National Intelligence Director, 
     reward the staff of the center for meritorious performance by 
     the provision of such performance awards as the National 
     Intelligence Director shall prescribe.
       (6) The National Intelligence Director may delegate to the 
     Director of a national intelligence center any 
     responsibility, power, or authority of the National 
     Intelligence Director under paragraphs (1) through (6).
       (7) The Director of a national intelligence center may 
     recommend to the National Intelligence Director the 
     reassignment to the home element concerned of any personnel 
     previously assigned or detailed to the center from another 
     element of the intelligence community.
       (g) Termination.--(1) The National Intelligence Director 
     may terminate a national intelligence center if the National 
     Intelligence Director determines that the center is no longer 
     required to meet an intelligence priority established by the 
     National Security Council.
       (2) The National Intelligence Director shall notify 
     Congress of any determination made under paragraph (1) before 
     carrying out such determination.

 Subtitle E--Education and Training of Intelligence Community Personnel

     SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND 
                   TRAINING.

       The National Intelligence Director shall establish an 
     integrated framework that brings together the educational 
     components of the intelligence community in order to promote 
     a more effective and productive intelligence community 
     through cross-disciplinary education and joint training.

[[Page S9627]]

     SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' means each element of the 
     intelligence community as determined by the National 
     Intelligence Director.
       (2) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term under section 101 of the Higher Education Act of 
     1965 (20 U.S.C. 1001).
       (3) Program.--The term ``Program'' means the Intelligence 
     Community Scholarship Program established under subsection 
     (b).
       (b) Establishment.--
       (1) In general.--The National Intelligence Director, in 
     consultation with the head of each agency, shall establish a 
     scholarship program (to be known as the ``Intelligence 
     Community Scholarship Program'') to award scholarships to 
     individuals that is designed to recruit and prepare students 
     for civilian careers in the intelligence community to meet 
     the critical needs of the intelligence community agencies.
       (2) Selection of recipients.--
       (A) Merit and agency needs.--Individuals shall be selected 
     to receive scholarships under this section through a 
     competitive process primarily on the basis of academic merit 
     and the needs of the agency.
       (B) Demonstrated commitment.--Individuals selected under 
     this section shall have a demonstrated commitment to the 
     field of study for which the scholarship is awarded.
       (3) Contractual agreements.--To carry out the Program the 
     head of each agency shall enter into contractual agreements 
     with individuals selected under paragraph (2) under which the 
     individuals agree to serve as full-time employees of the 
     agency, for the period described in subsection (h)(1), in 
     positions needed by the agency and for which the individuals 
     are qualified, in exchange for receiving a scholarship.
       (c) Eligibility.--In order to be eligible to participate in 
     the Program, an individual shall--
       (1) be enrolled or accepted for enrollment as a full-time 
     student at an institution of higher education and be pursuing 
     or intend to pursue undergraduate or graduate education in an 
     academic field or discipline described in the list made 
     available under subsection (e);
       (2) be a United States citizen; and
       (3) at the time of the initial scholarship award, not be an 
     employee (as defined under section 2105 of title 5, United 
     States Code).
       (d) Application.-- An individual seeking a scholarship 
     under this section shall submit an application to the 
     National Intelligence Director at such time, in such manner, 
     and containing such information, agreements, or assurances as 
     the Director may require.
       (e) Programs and Fields of Study.--The National 
     Intelligence Director shall--
       (1) make publicly available a list of academic programs and 
     fields of study for which scholarships under the Program may 
     be used; and
       (2) update the list as necessary.
       (f) Scholarships.--
       (1) In general.--The National Intelligence Director may 
     provide a scholarship under the Program for an academic year 
     if the individual applying for the scholarship has submitted 
     to the Director, as part of the application required under 
     subsection (d), a proposed academic program leading to a 
     degree in a program or field of study on the list made 
     available under subsection (e).
       (2) Limitation on years.--An individual may not receive a 
     scholarship under this section for more than 4 academic 
     years, unless the National Intelligence Director grants a 
     waiver.
       (3) Student responsibilities.--Scholarship recipients shall 
     maintain satisfactory academic progress.
       (4) Amount.--The dollar amount of a scholarship under this 
     section for an academic year shall be determined under 
     regulations issued by the National Intelligence Director, but 
     shall in no case exceed the cost of tuition, fees, and other 
     authorized expenses as established by the Director.
       (5) Use of scholarships.--A scholarship provided under this 
     section may be expended for tuition, fees, and other 
     authorized expenses as established by the National 
     Intelligence Director by regulation.
       (6) Payment to institution of higher education.--The 
     National Intelligence Director may enter into a contractual 
     agreement with an institution of higher education under which 
     the amounts provided for a scholarship under this section for 
     tuition, fees, and other authorized expenses are paid 
     directly to the institution with respect to which the 
     scholarship is provided.
       (g) Special Consideration for Current Employees.--
       (1) Set aside of scholarships.--Notwithstanding paragraphs 
     (1) and (3) of subsection (c), 10 percent of the scholarships 
     awarded under this section shall be set aside for individuals 
     who are employees of agencies on the date of enactment of 
     this section to enhance the education of such employees in 
     areas of critical needs of agencies.
       (2) Full- or part-time education.--Employees who are 
     awarded scholarships under paragraph (1) shall be permitted 
     to pursue undergraduate or graduate education under the 
     scholarship on a full-time or part-time basis.
       (h) Employee Service.--
       (1) Period of service.--Except as provided in subsection 
     (j)(2), the period of service for which an individual shall 
     be obligated to serve as an employee of the agency is 24 
     months for each academic year for which a scholarship under 
     this section is provided. Under no circumstances shall the 
     total period of obligated service be more than 8 years.
       (2) Beginning of service.--
       (A) In general.--Except as provided in subparagraph (B), 
     obligated service under paragraph (1) shall begin not later 
     than 60 days after the individual obtains the educational 
     degree for which the scholarship was provided.
       (B) Deferral.--In accordance with regulations established 
     by the National Intelligence Director, the Director or 
     designee may defer the obligation of an individual to provide 
     a period of service under paragraph (1) if the Director or 
     designee determines that such a deferral is appropriate.
       (i) Repayment.--
       (1) In general.--Scholarship recipients who fail to 
     maintain a high level of academic standing, as defined by the 
     National Intelligence Director, who are dismissed from their 
     educational institutions for disciplinary reasons, or who 
     voluntarily terminate academic training before graduation 
     from the educational program for which the scholarship was 
     awarded, shall be in breach of their contractual agreement 
     and, in lieu of any service obligation arising under such 
     agreement, shall be liable to the United States for repayment 
     within 1 year after the date of default of all scholarship 
     funds paid to them and to the institution of higher education 
     on their behalf under the agreement, except as provided in 
     subsection (j)(2). The repayment period may be extended by 
     the Director when determined to be necessary, as established 
     by regulation.
       (2) Liability.--Scholarship recipients who, for any reason, 
     fail to begin or complete their service obligation after 
     completion of academic training, or fail to comply with the 
     terms and conditions of deferment established by the National 
     Intelligence Director under subsection (h)(2)(B), shall be in 
     breach of their contractual agreement. When recipients breach 
     their agreements for the reasons stated in the preceding 
     sentence, the recipient shall be liable to the United States 
     for an amount equal to--
       (A) the total amount of scholarships received by such 
     individual under this section; and
       (B) the interest on the amounts of such awards which would 
     be payable if at the time the awards were received they were 
     loans bearing interest at the maximum legal prevailing rate, 
     as determined by the Treasurer of the United States, 
     multiplied by 3.
       (j) Cancellation, Waiver, or Suspension of Obligation.--
       (1) Cancellation.--Any obligation of an individual incurred 
     under the Program (or a contractual agreement thereunder) for 
     service or payment shall be canceled upon the death of the 
     individual.
       (2) Waiver or suspension.--The National Intelligence 
     Director shall prescribe regulations to provide for the 
     partial or total waiver or suspension of any obligation of 
     service or payment incurred by an individual under the 
     Program (or a contractual agreement thereunder) whenever 
     compliance by the individual is impossible or would involve 
     extreme hardship to the individual, or if enforcement of such 
     obligation with respect to the individual would be contrary 
     to the best interests of the Government.
       (k) Regulations.--The National Intelligence Director shall 
     prescribe regulations necessary to carry out this section.

 Subtitle F--Additional Authorities of National Intelligence Authority

     SEC. 161. USE OF APPROPRIATED FUNDS.

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

     SEC. 162. ACQUISITION AND FISCAL AUTHORITIES.

       (a) Acquisitions of Major Systems.--(1) For each 
     intelligence program for the acquisition of a major system, 
     the National Intelligence Director shall--
       (A) require the development and implementation of a program 
     management plan that includes cost, schedule, and performance 
     goals and program milestone criteria;
       (B) subject to paragraph (4), serve as the exclusive 
     milestone decision authority; and
       (C) periodically--
       (i) review and assess the progress made toward the 
     achievement of the goals and milestones established in such 
     plan; and
       (ii) submit to Congress a report on the results of such 
     review and assessment.
       (2) The National Intelligence Director shall prescribe 
     guidance for the development and implementation of program 
     management plans under this subsection. In prescribing

[[Page S9628]]

     such guidance, the Director shall review Department of 
     Defense guidance on program management plans for Department 
     of Defense programs for the acquisition of major systems and, 
     to the extent feasible, incorporate the principles of the 
     Department of Defense guidance into the Director's guidance 
     under this subsection.
       (3) Nothing in this subsection may be construed to limit 
     the authority of the National Intelligence Director to 
     delegate to any other official any authority to perform the 
     responsibilities of the Director under this subsection.
       (4)(A) The authority conferred by paragraph (1)(B) shall 
     not apply to Department of Defense programs until the 
     National Intelligence Director, in consultation with the 
     Secretary of Defense, determines that the National 
     Intelligence Authority has the personnel and capability to 
     fully and effectively carry out such authority.
       (B) The National Intelligence Director may assign any 
     authority under this subsection to the Secretary of Defense. 
     The assignment of such authority shall be made pursuant to a 
     memorandum of understanding between the Director and the 
     Secretary.
       (5) In this subsection:
       (A) The term ``intelligence program'', with respect to the 
     acquisition of a major system, means a program that--
       (i) is carried out to acquire such major system for an 
     element of the intelligence community; and
       (ii) is funded in whole out of amounts available for the 
     National Intelligence Program.
       (B) The term ``major system'' has the meaning given such 
     term in section 4(9) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 403(9)).
       (b) Availability of Funds.--Notwithstanding any other 
     provision of law (other than the provisions of this Act), 
     sums appropriated or otherwise made available to the National 
     Intelligence Authority may be expended for purposes necessary 
     to carry out its functions, including any function performed 
     by the National Intelligence Authority that is described in 
     section 8(a) of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403j(a)).
       (c) Relationship of Director's Authority to Other Laws on 
     Acquisition and Management of Property and Services.--Section 
     113(e) of title 40, United States Code, is amended--
       (A) by striking ``or'' at the end of paragraph (18);
       (B) by striking the period at the end of paragraph (19) and 
     inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(20) the National Intelligence Director.''.
       (d) National Intelligence Director Report on Enhancement of 
     NSA and NGIA Acquisition Authorities.--Not later than one 
     year after the date of the enactment of this Act, the 
     National Intelligence Director shall--
       (1) review--
       (A) the acquisition authority of the Director of the 
     National Security Agency; and
       (B) the acquisition authority of the Director of the 
     National Geospatial-Intelligence Agency; and
       (2) submit to the Committee on Governmental Affairs of the 
     Senate and the Committee on Government Reform of the House of 
     Representatives a report setting forth any recommended 
     enhancements of the acquisition authorities of the Director 
     of the National Security Agency and the Director of the 
     National Geospatial-Intelligence Agency that the National 
     Intelligence Director considers necessary.
       (e) Comptroller General Report on Acquisition Policies and 
     Procedures.--Not later than two years after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report on the extent to 
     which the policies and procedures adopted for managing the 
     acquisition of major systems for national intelligence 
     purposes, as identified by the National Intelligence 
     Director, are likely to result in successful cost, schedule, 
     and performance outcomes.

     SEC. 163. PERSONNEL MATTERS.

       (a) In General.--In addition to the authorities provided in 
     section 114, the National Intelligence Director may exercise 
     with respect to the personnel of the National Intelligence 
     Authority any authority of the Director of the Central 
     Intelligence Agency with respect to the personnel of the 
     Central Intelligence Agency under the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
     applicable provisions of law, as of the date of the enactment 
     of this Act to the same extent, and subject to the same 
     conditions and limitations, that the Director of the Central 
     Intelligence Agency may exercise such authority with respect 
     to personnel of the Central Intelligence Agency.
       (b) 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. 164. ETHICS MATTERS.

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

        TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES

          Subtitle A--Improvements of Intelligence Activities

     SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
                   FUNDING INFORMATION.

       (a) Amounts Requested Each Fiscal Year.--The President 
     shall disclose to the public for each fiscal year after 
     fiscal year 2005 the aggregate amount of appropriations 
     requested in the budget of the President for such fiscal year 
     for the National Intelligence Program.
       (b) Amounts Authorized and Appropriated Each Fiscal Year.--
     Congress shall disclose to the public for each fiscal year 
     after fiscal year 2005 the aggregate amount of funds 
     authorized to be appropriated, and the aggregate amount of 
     funds appropriated, by Congress for such fiscal year for the 
     National Intelligence Program.
       (c) Study of Disclosure of Additional Information.--(1) The 
     National Intelligence Director shall conduct a study to 
     assess the advisability of disclosing to the public amounts 
     as follows:
       (A) The aggregate amount of appropriations requested in the 
     budget of the President for each fiscal year for each element 
     of the intelligence community.
       (B) The aggregate amount of funds authorized to be 
     appropriated, and the aggregate amount of funds appropriated, 
     by Congress for each fiscal year for each element of the 
     intelligence community.
       (2) The study under paragraph (1) shall--
       (A) address whether or not the disclosure to the public of 
     the information referred to in that paragraph would harm the 
     national security of the United States; and
       (B) take into specific account concerns relating to the 
     disclosure of such information for each element of the 
     intelligence community.
       (3) Not later than 180 days after the effective date of 
     this section, the Director shall submit to Congress a report 
     on the study under paragraph (1).

     SEC. 202. 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. 203. JOINT INTELLIGENCE COMMUNITY COUNCIL.

       Title I of the National Security Act of 1947 (50 U.S.C. 401 
     et seq.) is amended by inserting after section 101 the 
     following new section:


                 ``joint intelligence community council

       ``Sec. 101A. (a) Joint Intelligence Community Council.--
     There is a Joint Intelligence Community Council.
       ``(b) Membership.--The Joint Intelligence Community Council 
     shall consist of the following:
       ``(1) The National Intelligence Director, who shall chair 
     the Council.
       ``(2) The Secretary of State.
       ``(3) The Secretary of the Treasury.
       ``(4) The Secretary of Defense.

[[Page S9629]]

       ``(5) The Attorney General.
       ``(6) The Secretary of Energy.
       ``(7) The Secretary of Homeland Security.
       ``(8) Such other officers of the United States Government 
     as the President may designate from time to time.
       ``(c) Functions.--The Joint Intelligence Community Council 
     shall assist the National Intelligence Director to in 
     developing and implementing a joint, unified national 
     intelligence effort to protect national security by--
       ``(1) advising the Director on establishing requirements, 
     developing budgets, financial management, and monitoring and 
     evaluating the performance of the intelligence community, and 
     on such other matters as the Director may request; and
       ``(2) ensuring the timely execution of programs, policies, 
     and directives established or developed by the Director.
       ``(d) Meetings.--The Joint Intelligence Community Council 
     shall meet upon the request of the National Intelligence 
     Director.''.

     SEC. 204. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE 
                   FEDERAL BUREAU OF INVESTIGATION.

       (a) Findings.--Congress makes the following findings:
       (1) The National Commission on Terrorist Attacks Upon the 
     United States in its final report stated that, under Director 
     Robert Mueller, the Federal Bureau of Investigation has made 
     significant progress in improving its intelligence 
     capabilities.
       (2) In the report, the members of the Commission also urged 
     that the Federal Bureau of Investigation fully 
     institutionalize the shift of the Bureau to a preventive 
     counterterrorism posture.
       (b) Improvement of Intelligence Capabilities.--The Director 
     of the Federal Bureau of Investigation shall continue efforts 
     to improve the intelligence capabilities of the Federal 
     Bureau of Investigation and to develop and maintain within 
     the Bureau a national intelligence workforce.
       (c) National Intelligence Workforce.--(1) In developing and 
     maintaining a national intelligence workforce under 
     subsection (b), the Director of the Federal Bureau of 
     Investigation shall, subject to the direction and control of 
     the President, develop and maintain a specialized and 
     integrated national intelligence workforce consisting of 
     agents, analysts, linguists, and surveillance specialists who 
     are recruited, trained, and rewarded in a manner which 
     ensures the existence within the Federal Bureau of 
     Investigation an institutional culture with substantial 
     expertise in, and commitment to, the intelligence mission of 
     the Bureau.
       (2) Each agent employed by the Bureau after the date of the 
     enactment of this Act shall receive basic training in both 
     criminal justice matters and national intelligence matters.
       (3) Each agent employed by the Bureau after the date of the 
     enactment of this Act shall, to the maximum extent 
     practicable, be given the opportunity to undergo, during such 
     agent's early service with the Bureau, meaningful assignments 
     in criminal justice matters and in national intelligence 
     matters.
       (4) The Director shall--
       (A) establish career positions in national intelligence 
     matters for agents and analysts of the Bureau; 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 career 
     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 mission of the Bureau.
       (6) The Director shall, to the maximum extent practicable, 
     afford the analysts of the Bureau training and career 
     opportunities commensurate with the training and career 
     opportunities afforded analysts in other elements of the 
     intelligence community.
       (7) Commencing as soon as practicable after the date of the 
     enactment of this Act, each direct supervisor of a Field 
     Intelligence Group, and each Bureau Operational Manager at 
     the Section Chief and Assistant Special Agent in Charge 
     (ASAC) level and above, shall be a certified intelligence 
     officer.
       (8) The Director shall, to the maximum extent practicable, 
     ensure that the successful discharge of advanced training 
     courses, and of one or more assignments to another element of 
     the intelligence community, is a precondition to advancement 
     to higher level intelligence assignments within the Bureau.
       (d) Field Office Matters.--(1) In improving the 
     intelligence capabilities of the Federal Bureau of 
     Investigation under subsection (b), the Director of the 
     Federal Bureau of Investigation shall ensure that each Field 
     Intelligence Group reports directly to a field office senior 
     manager responsible for intelligence matters.
       (2) The Director shall provide for such expansion of the 
     secure facilities in the field offices of the Bureau as is 
     necessary to ensure the discharge by the field offices of the 
     intelligence mission of the Bureau.
       (3) The Director shall require that each Field Intelligence 
     Group manager ensures the integration of analysts, agents, 
     linguists, and surveillance personnel in the field.
       (e) 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.
       (3) Criminal Enterprises/Federal Crimes.
       (4) Criminal justice services.
       (f) Reports.--(1) Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Federal Bureau 
     of Investigation shall submit to Congress a report on the 
     progress made as of the date of such report in carrying out 
     the requirements of this section.
       (2) The Director shall include in each annual program 
     review of the Federal Bureau of Investigation that is 
     submitted to Congress a report on the progress made by each 
     field office of the Bureau during the period covered by such 
     review in addressing Bureau and national program priorities.
       (3) Not later than 180 days after the date of the enactment 
     of this Act, and every 12 months thereafter, the Director 
     shall submit to Congress a report assessing the 
     qualifications, status, and roles of analysts at Bureau 
     headquarters and in the field offices of the Bureau.
       (4) Not later than 180 days after the date of the enactment 
     of this Act, and every 12 months thereafter, the Director 
     shall submit to Congress a report on the progress of the 
     Bureau in implementing information-sharing principles.

     SEC. 205. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER 
                   SERVICE.

       (a) Short Title.--This section may be cited as the 
     ``Federal Bureau of Investigation Intelligence Career Service 
     Authorization Act of 2005''.
       (b) Establishment of Federal Bureau of Investigation 
     Intelligence Career Service.--
       (1) In general.--The Director of the Federal Bureau of 
     Investigation, in consultation with the Director of the 
     Office of Personnel Management--
       (A) may establish positions for intelligence analysts, 
     without regard to chapter 51 of title 5, United States Code;
       (B) shall prescribe standards and procedures for 
     establishing and classifying such positions; and
       (C) may fix the rate of basic pay for such positions, 
     without regard to subchapter III of chapter 53 of title 5, 
     United States Code, if the rate of pay is not greater than 
     the rate of basic pay payable for level IV of the Executive 
     Schedule.
       (2) Levels of performance.--Any performance management 
     system established for intelligence analysts shall have at 
     least 1 level of performance above a retention standard.
       (c) Reporting Requirement.--Not less than 60 days before 
     the date of the implementation of authorities authorized 
     under this section, the Director of the Federal Bureau of 
     Investigation shall submit an operating plan describing the 
     Director's intended use of the authorities under this section 
     to--
       (1) the Committees on Appropriations of the Senate and the 
     House of Representatives;
       (2) the Committee on Governmental Affairs of the Senate;
       (3) the Committee on Government Reform of the House of 
     Representatives;
       (4) the congressional intelligence committees; and
       (5) the Committees on the Judiciary of the Senate and the 
     House of Representatives.
       (d) Annual Report.--Not later than December 31, 2005, and 
     annually thereafter for 4 years, the Director of the Federal 
     Bureau of Investigation shall submit an annual report of the 
     use of the permanent authorities provided under this section 
     during the preceding fiscal year to--
       (1) the Committees on Appropriations of the Senate and the 
     House of Representatives;
       (2) the Committee on Governmental Affairs of the Senate;
       (3) the Committee on Government Reform of the House of 
     Representatives;
       (4) the congressional intelligence committees; and
       (5) the Committees on the Judiciary of the Senate and the 
     House of Representatives.

     SEC. 206. INFORMATION SHARING.

       (a) Definitions.--In this section:
       (1) Advisory board.--The term ``Advisory Board'' means the 
     Advisory Board on Information Sharing established under 
     subsection (i).
       (2) Executive council.--The term ``Executive Council'' 
     means the Executive Council on Information Sharing 
     established under subsection (h).
       (3) Homeland security information.--The term ``homeland 
     security information'' means all information, whether 
     collected, produced, or distributed by intelligence, law 
     enforcement, military, homeland security, or other activities 
     relating to--
       (A) the existence, organization, capabilities, plans, 
     intentions, vulnerabilities, means of finance or material 
     support, or activities of foreign or international terrorist 
     groups or individuals, or of domestic groups or individuals 
     involved in transnational terrorism;
       (B) threats posed by such groups or individuals to the 
     United States, United States persons, or United States 
     interests, or to those of other nations;
       (C) communications of or by such groups or individuals; or

[[Page S9630]]

       (D) groups or individuals reasonably believed to be 
     assisting or associated with such groups or individuals.
       (4) Network.--The term ``Network'' means the Information 
     Sharing Network described under subsection (c).
       (b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks upon the United States, 
     Congress makes the following findings:
       (1) The effective use of information, from all available 
     sources, is essential to the fight against terror and the 
     protection of our homeland. The biggest impediment to all-
     source analysis, and to a greater likelihood of ``connecting 
     the dots'', is resistance to sharing information.
       (2) The United States Government has access to a vast 
     amount of information, including not only traditional 
     intelligence but also other government databases, such as 
     those containing customs or immigration information. However, 
     the United States Government has a weak system for processing 
     and using the information it has.
       (3) In the period preceding September 11, 2001, there were 
     instances of potentially helpful information that was 
     available but that no person knew to ask for; information 
     that was distributed only in compartmented channels, and 
     information that was requested but could not be shared.
       (4) Current security requirements nurture over-
     classification and excessive compartmentalization of 
     information among agencies. Each agency's incentive structure 
     opposes sharing, with risks, including criminal, civil, and 
     administrative sanctions, but few rewards for sharing 
     information.
       (5) The current system, in which each intelligence agency 
     has its own security practices, requires a demonstrated 
     ``need to know'' before sharing. This approach assumes that 
     it is possible to know, in advance, who will need to use the 
     information. An outgrowth of the cold war, such a system 
     implicitly assumes that the risk of inadvertent disclosure 
     outweighs the benefits of wider sharing. Such assumptions are 
     no longer appropriate. Although counterintelligence concerns 
     are still real, the costs of not sharing information are also 
     substantial. The current ``need-to-know'' culture of 
     information protection needs to be replaced with a ``need-to-
     share'' culture of integration.
       (6) A new approach to the sharing of intelligence and 
     homeland security information is urgently needed. An 
     important conceptual model for a new ``trusted information 
     network'' is the Systemwide Homeland Analysis and Resource 
     Exchange (SHARE) Network proposed by a task force of leading 
     professionals assembled by the Markle Foundation and 
     described in reports issued in October 2002 and December 
     2003.
       (7) No single agency can create a meaningful information 
     sharing system on its own. Alone, each agency can only 
     modernize stovepipes, not replace them. Presidential 
     leadership is required to bring about governmentwide change.
       (c) Information Sharing Network.--
       (1) Establishment.--The President shall establish a trusted 
     information network and secure information sharing 
     environment to promote sharing of intelligence and homeland 
     security information in a manner consistent with national 
     security and the protection of privacy and civil liberties, 
     and based on clearly defined and consistently applied 
     policies and procedures, and valid investigative, analytical 
     or operational requirements.
       (2) Attributes.--The Network shall promote coordination, 
     communication and collaboration of people and information 
     among all relevant Federal departments and agencies, State, 
     tribal, and local authorities, and relevant private sector 
     entities, including owners and operators of critical 
     infrastructure, by using policy guidelines and technologies 
     that support--
       (A) a decentralized, distributed, and coordinated 
     environment that connects existing systems where appropriate 
     and allows users to share information among agencies, between 
     levels of government, and, as appropriate, with the private 
     sector;
       (B) the sharing of information in a form and manner that 
     facilitates its use in analysis, investigations and 
     operations;
       (C) building upon existing systems capabilities currently 
     in use across the Government;
       (D) utilizing industry best practices, including minimizing 
     the centralization of data and seeking to use common tools 
     and capabilities whenever possible;
       (E) employing an information access management approach 
     that controls access to data rather than to just networks;
       (F) facilitating the sharing of information at and across 
     all levels of security by using policy guidelines and 
     technologies that support writing information that can be 
     broadly shared;
       (G) providing directory services for locating people and 
     information;
       (H) incorporating protections for individuals' privacy and 
     civil liberties;
       (I) incorporating strong mechanisms for information 
     security and privacy and civil liberties guideline 
     enforcement in order to enhance accountability and facilitate 
     oversight, including--
       (i) multifactor authentication and access control;
       (ii) strong encryption and data protection;
       (iii) immutable audit capabilities;
       (iv) automated policy enforcement;
       (v) perpetual, automated screening for abuses of network 
     and intrusions; and
       (vi) uniform classification and handling procedures;
       (J) compliance with requirements of applicable law and 
     guidance with regard to the planning, design, acquisition, 
     operation, and management of information systems; and
       (K) permitting continuous system upgrades to benefit from 
     advances in technology while preserving the integrity of 
     stored data.
       (d) Immediate Actions.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the Executive 
     Council, shall--
       (1) submit to the President and to Congress a description 
     of the technological, legal, and policy issues presented by 
     the creation of the Network described in subsection (c), and 
     the way in which these issues will be addressed;
       (2) establish electronic directory services to assist in 
     locating in the Federal Government intelligence and homeland 
     security information and people with relevant knowledge about 
     intelligence and homeland security information; and
       (3) conduct a review of relevant current Federal agency 
     capabilities, including--
       (A) a baseline inventory of current Federal systems that 
     contain intelligence or homeland security information;
       (B) the money currently spent to maintain those systems; 
     and
       (C) identification of other information that should be 
     included in the Network.
       (e) Guidelines and Requirements.--As soon as possible, but 
     in no event later than 180 days after the date of the 
     enactment of this Act, the President shall--
       (1) in consultation with the Executive Council--
       (A) issue guidelines for acquiring, accessing, sharing, and 
     using information, including guidelines to ensure that 
     information is provided in its most shareable form, such as 
     by separating out data from the sources and methods by which 
     that data are obtained; and
       (B) on classification policy and handling procedures across 
     Federal agencies, including commonly accepted processing and 
     access controls;
       (2) in consultation with the Privacy and Civil Liberties 
     Oversight Board established under section 211, 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; and
       (3) require the heads of Federal departments and agencies 
     to promote a culture of information sharing by--
       (A) reducing disincentives to information sharing, 
     including overclassification of information and unnecessary 
     requirements for originator approval; and
       (B) providing affirmative incentives for information 
     sharing, such as the incorporation of information sharing 
     performance measures into agency and managerial evaluations, 
     and employee awards for promoting innovative information 
     sharing practices.
       (f) Enterprise Architecture and Implementation Plan.--Not 
     later than 270 days after the date of the enactment of this 
     Act, the Director of Management and Budget shall submit to 
     the President and to Congress an enterprise architecture and 
     implementation plan for the Network. The enterprise 
     architecture and implementation plan shall be prepared by the 
     Director of Management and Budget, in consultation with the 
     Executive Council, and shall include--
       (1) a description of the parameters of the proposed 
     Network, including functions, capabilities, and resources;
       (2) a delineation of the roles of the Federal departments 
     and agencies that will participate in the development of the 
     Network, including identification of any agency that will 
     build the infrastructure needed to operate and manage the 
     Network (as distinct from the individual agency components 
     that are to be part of the Network), with the delineation of 
     roles to be consistent with--
       (A) the authority of the National Intelligence Director 
     under this Act to set standards for information sharing and 
     information technology throughout the intelligence community; 
     and
       (B) the authority of the Secretary of Homeland Security and 
     the role of the Department of Homeland Security in 
     coordinating with State, tribal, and local officials and the 
     private sector;
       (3) a description of the technological requirements to 
     appropriately link and enhance existing networks and a 
     description of the system design that will meet these 
     requirements;
       (4) an enterprise architecture that--
       (A) is consistent with applicable laws and guidance with 
     regard to planning, design, acquisition, operation, and 
     management of information systems;
       (B) will be used to guide and define the development and 
     implementation of the Network; and
       (C) addresses the existing and planned enterprise 
     architectures of the departments and agencies participating 
     in the Network;
       (5) a description of how privacy and civil liberties will 
     be protected throughout the design and implementation of the 
     Network;
       (6) objective, systemwide performance measures to enable 
     the assessment of progress toward achieving full 
     implementation of the Network;
       (7) a plan, including a time line, for the development and 
     phased implementation of the Network;

[[Page S9631]]

       (8) total budget requirements to develop and implement the 
     Network, including the estimated annual cost for each of the 
     5 years following the date of the enactment of this Act; and
       (9) proposals for any legislation that the Director of 
     Management and Budget determines necessary to implement the 
     Network.
       (g) Director of Management and Budget Responsible for 
     Information Sharing Across the Federal Government.--
       (1) Additional duties and responsibilities.--
       (A) In general.--The Director of Management and Budget, in 
     consultation with the Executive Council, shall--
       (i) implement and manage the Network;
       (ii) develop and implement policies, procedures, 
     guidelines, rules, and standards as appropriate to foster the 
     development and proper operation of the Network; and
       (iii) assist, monitor, and assess the implementation of the 
     Network by Federal departments and agencies to ensure 
     adequate progress, technological consistency and policy 
     compliance; and regularly report the findings to the 
     President and to Congress.
       (B) Content of policies, procedures, guidelines, rules, and 
     standards.--The policies, procedures, guidelines, rules, and 
     standards under subparagraph (A)(ii) shall--
       (i) take into account the varying missions and security 
     requirements of agencies participating in the Network;
       (ii) address development, implementation, and oversight of 
     technical standards and requirements;
       (iii) address and facilitate information sharing between 
     and among departments and agencies of the intelligence 
     community, the Department of Defense, the Homeland Security 
     community and the law enforcement community;
       (iv) address and facilitate information sharing between 
     Federal departments and agencies and State, tribal and local 
     governments;
       (v) address and facilitate, as appropriate, information 
     sharing between Federal departments and agencies and the 
     private sector;
       (vi) address and facilitate, as appropriate, information 
     sharing between Federal departments and agencies with foreign 
     partners and allies; and
       (vii) ensure the protection of privacy and civil liberties.
       (2) Appointment of principal officer.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Director of Management and Budget shall appoint, with 
     approval of the President, a principal officer in the Office 
     of Management and Budget whose primary responsibility shall 
     be to carry out the day-to-day duties of the Director 
     specified in this section. The officer shall report directly 
     to the Director of Management and Budget, have the rank of a 
     Deputy Director and shall be paid at the rate of pay payable 
     for a position at level III of the Executive Schedule under 
     section 5314 of title 5, United States Code.
       (h) Executive Council on Information Sharing.--
       (1) Establishment.--There is established an Executive 
     Council on Information Sharing that shall assist the Director 
     of Management and Budget in the execution of the Director's 
     duties under this Act concerning information sharing.
       (2) Membership.--The members of the Executive Council shall 
     be--
       (A) the Director of Management and Budget, who shall serve 
     as Chairman of the Executive Council;
       (B) the Secretary of Homeland Security or his designee;
       (C) the Secretary of Defense or his designee;
       (D) the Attorney General or his designee;
       (E) the Secretary of State or his designee;
       (F) the Director of the Federal Bureau of Investigation or 
     his designee;
       (G) the National Intelligence Director or his designee;
       (H) such other Federal officials as the President shall 
     designate;
       (I) representatives of State, tribal, and local 
     governments, to be appointed by the President; and
       (J) individuals who are employed in private businesses or 
     nonprofit organizations that own or operate critical 
     infrastructure, to be appointed by the President.
       (3) Responsibilities.--The Executive Council shall assist 
     the Director of Management and Budget in--
       (A) implementing and managing the Network;
       (B) developing policies, procedures, guidelines, rules, and 
     standards necessary to establish and implement the Network;
       (C) ensuring there is coordination among departments and 
     agencies participating in the Network in the development and 
     implementation of the Network;
       (D) reviewing, on an ongoing basis, policies, procedures, 
     guidelines, rules, and standards related to the 
     implementation of the Network;
       (E) establishing a dispute resolution process to resolve 
     disagreements among departments and agencies about whether 
     particular information should be shared and in what manner; 
     and
       (F) considering such reports as are submitted by the 
     Advisory Board on Information Sharing under subsection 
     (i)(2).
       (4) 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) Reports.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter, the Director 
     of Management and Budget, in the capacity of Chair of the 
     Executive Council, shall submit a report to the President and 
     to Congress that shall include--
       (A) a description of the activities and accomplishments of 
     the Council in the preceding year; and
       (B) the number and dates of the meetings held by the 
     Council and a list of attendees at each meeting.
       (6) Informing the public.--The Executive Council shall--
       (A) make its reports to Congress available to the public to 
     the greatest extent that is consistent with the protection of 
     classified information and applicable law; and
       (B) otherwise inform the public of its activities, as 
     appropriate and in a manner consistent with the protection of 
     classified information and applicable law.
       (i) Advisory Board on Information Sharing.--
       (1) Establishment.--There is established an Advisory Board 
     on Information Sharing to advise the President and the 
     Executive Council on policy, technical, and management issues 
     related to the design and operation of the Network.
       (2) Responsibilities.--The Advisory Board shall advise the 
     Executive Council on policy, technical, and management issues 
     related to the design and operation of the Network. At the 
     request of the Executive Council, or the Director of 
     Management and Budget in the capacity as Chair of the 
     Executive Council, or on its own initiative, the Advisory 
     Board shall submit reports to the Executive Council 
     concerning the findings and recommendations of the Advisory 
     Board regarding the design and operation of the Network.
       (3) Membership and qualifications.--The Advisory Board 
     shall be composed of no more than 15 members, to be appointed 
     by the President from outside the Federal Government. The 
     members of the Advisory Board shall have significant 
     experience or expertise in policy, technical and operational 
     matters, including issues of security, privacy, or civil 
     liberties, and shall be selected solely on the basis of their 
     professional qualifications, achievements, public stature and 
     relevant experience.
       (4) Chair.--The President shall designate one of the 
     members of the Advisory Board to act as chair of the Advisory 
     Board.
       (5) Administrative support.--The Office of Management and 
     Budget shall provide administrative support for the Advisory 
     Board.
       (j) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and semiannually thereafter, the 
     President through the Director of Management and Budget shall 
     submit a report to Congress on the state of the Network and 
     of information sharing across the Federal Government.
       (2) Content.--Each report under this subsection shall 
     include--
       (A) a progress report on the extent to which the Network 
     has been implemented, including how the Network has fared on 
     the government-wide and agency-specific performance measures 
     and whether the performance goals set in the preceding year 
     have been met;
       (B) objective systemwide performance goals for the 
     following year;
       (C) an accounting of how much was spent on the Network in 
     the preceding year;
       (D) actions taken to ensure that agencies procure new 
     technology that is consistent with the Network and 
     information on whether new systems and technology are 
     consistent with the Network;
       (E) the extent to which, in appropriate circumstances, all 
     terrorism watch lists are available for combined searching in 
     real time through the Network and whether there are 
     consistent standards for placing individuals on, and removing 
     individuals from, the watch lists, including the availability 
     of processes for correcting errors;
       (F) the extent to which unnecessary roadblocks, 
     impediments, or disincentives to information sharing, 
     including the inappropriate use of paper-only intelligence 
     products and requirements for originator approval, have been 
     eliminated;
       (G) the extent to which positive incentives for information 
     sharing have been implemented;
       (H) the extent to which classified information is also made 
     available through the Network, in whole or in part, in 
     unclassified form;
       (I) the extent to which State, tribal, and local 
     officials--
       (i) are participating in the Network;
       (ii) have systems which have become integrated into the 
     Network;
       (iii) are providing as well as receiving information; and
       (iv) are using the Network to communicate with each other;
       (J) the extent to which--
       (i) private sector data, including information from owners 
     and operators of critical infrastructure, is incorporated in 
     the Network; and
       (ii) the private sector is both providing and receiving 
     information;
       (K) where private sector data has been used by the 
     Government or has been incorporated into the Network--
       (i) the measures taken to protect sensitive business 
     information; and
       (ii) where the data involves information about individuals, 
     the measures taken to ensure the accuracy of such data;

[[Page S9632]]

       (L) the measures taken by the Federal Government to ensure 
     the accuracy of other information on the Network and, in 
     particular, the accuracy of information about individuals;
       (M) an assessment of the Network's privacy and civil 
     liberties protections, including actions taken in the 
     preceding year to implement or enforce privacy and civil 
     liberties protections and a report of complaints received 
     about interference with an individual's privacy or civil 
     liberties; and
       (N) an assessment of the security protections of the 
     Network.
       (k) Agency Responsibilities.--The head of each department 
     or agency possessing or using intelligence or homeland 
     security information or otherwise participating in the 
     Network shall--
       (1) ensure full department or agency compliance with 
     information sharing policies, procedures, guidelines, rules, 
     and standards established for the Network under subsections 
     (c) and (g);
       (2) ensure the provision of adequate resources for systems 
     and activities supporting operation of and participation in 
     the Network; and
       (3) ensure full agency or department cooperation in the 
     development of the Network and associated enterprise 
     architecture to implement governmentwide information sharing, 
     and in the management and acquisition of information 
     technology consistent with applicable law.
       (l) Agency Plans and Reports.--Each Federal department or 
     agency that possesses or uses intelligence and homeland 
     security information, operates a system in the Network or 
     otherwise participates, or expects to participate, in the 
     Network, shall submit to the Director of Management and 
     Budget--
       (1) not later than 1 year after the date of the enactment 
     of this Act, a report including--
       (A) a strategic plan for implementation of the Network's 
     requirements within the department or agency;
       (B) objective performance measures to assess the progress 
     and adequacy of the department or agency's information 
     sharing efforts; and
       (C) budgetary requirements to integrate the agency into the 
     Network, including projected annual expenditures for each of 
     the following 5 years following the submission of the report; 
     and
       (2) annually thereafter, reports including--
       (A) an assessment of the progress of the department or 
     agency in complying with the Network's requirements, 
     including how well the agency has performed on the objective 
     measures developed under paragraph (1)(B);
       (B) the agency's expenditures to implement and comply with 
     the Network's requirements in the preceding year; and
       (C) the agency's or department's plans for further 
     implementation of the Network in the year following the 
     submission of the report.
       (m) Periodic Assessments.--
       (1) Comptroller general.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and periodically thereafter, the 
     Comptroller General shall evaluate the implementation of the 
     Network, both generally and, at the discretion of the 
     Comptroller General, within specific departments and 
     agencies, to determine the extent of compliance with the 
     Network's requirements and to assess the effectiveness of the 
     Network in improving information sharing and collaboration 
     and in protecting privacy and civil liberties, and shall 
     report to Congress on the findings of the Comptroller 
     General.
       (B) Information available to the comptroller general.--Upon 
     request by the Comptroller General, information relevant to 
     an evaluation under subsection (a) shall be made available to 
     the Comptroller General under section 716 of title 31, United 
     States Code.
       (C) Consultation with congressional committees.--If a 
     record is not made available to the Comptroller General 
     within a reasonable time, before the Comptroller General 
     files a report under section 716(b)(1) of title 31, United 
     States Code, the Comptroller General shall consult with the 
     Select Committee on Intelligence of the Senate, the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform of the House 
     of Representatives concerning the Comptroller's intent to 
     file a report.
       (2) Inspectors general.--The Inspector General in any 
     Federal department or agency that possesses or uses 
     intelligence or homeland security information or that 
     otherwise participates in the Network shall, at the 
     discretion of the Inspector General--
       (A) conduct audits or investigations to--
       (i) determine the compliance of that department or agency 
     with the Network's requirements; and
       (ii) assess the effectiveness of that department or agency 
     in improving information sharing and collaboration and in 
     protecting privacy and civil liberties; and
       (B) issue reports on such audits and investigations.
       (n) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $50,000,000 to the Director of Management and Budget to 
     carry out this section for fiscal year 2005; and
       (2) such sums as are necessary to carry out this section in 
     each fiscal year thereafter, to be disbursed and allocated in 
     accordance with the Network implementation plan required by 
     subsection (f).

                Subtitle B--Privacy and Civil Liberties

     SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

       (a) In General.--There is established within the Executive 
     Office of the President a Privacy and Civil Liberties 
     Oversight Board (referred to in this subtitle as the 
     ``Board'').
       (b) Findings.--Consistent with the report of the National 
     Commission on Terrorist Attacks Upon the United States, 
     Congress makes the following findings:
       (1) In conducting the war on terrorism, the Government may 
     need additional powers and may need to enhance the use of its 
     existing powers.
       (2) This shift of power and authority to the Government 
     calls for an enhanced system of checks and balances to 
     protect the precious liberties that are vital to our way of 
     life and to ensure that the Government uses its powers for 
     the purposes for which the powers were given.
       (c) Purpose.--The Board shall--
       (1) analyze and review actions the executive branch takes 
     to protect the Nation from terrorism; 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 205(g);
       (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 205(g);
       (C) advise the President and the departments, agencies, and 
     elements of the executive branch to ensure that privacy and 
     civil liberties are appropriately considered in the 
     development and implementation of such legislation, 
     regulations, policies, and guidelines; and
       (D) in providing advice on proposals to retain or enhance a 
     particular governmental power, consider whether the 
     department, agency, or element of the executive branch has 
     explained--
       (i) that the power actually materially enhances security;
       (ii) that there is adequate supervision of the use by the 
     executive branch of the power to ensure protection of privacy 
     and civil liberties; and
       (iii) that there are adequate guidelines and oversight to 
     properly confine its use.
       (2) Oversight.--The Board shall continually review--
       (A) the regulations, policies, and procedures, and the 
     implementation of the regulations, policies, and procedures, 
     of the departments, agencies, and elements of the executive 
     branch to ensure that privacy and civil liberties are 
     protected;
       (B) the information sharing practices of the departments, 
     agencies, and elements of the executive branch to determine 
     whether they appropriately protect privacy and civil 
     liberties and adhere to the information sharing guidelines 
     prescribed under section 205(g) and to other governing laws, 
     regulations, and policies regarding privacy and civil 
     liberties; and
       (C) other actions by the executive branch related to 
     efforts to protect the Nation from terrorism to determine 
     whether such actions--
       (i) appropriately protect privacy and civil liberties; and
       (ii) are consistent with governing laws, regulations, and 
     policies regarding privacy and civil liberties.
       (3) Relationship with privacy and civil liberties 
     officers.--The Board shall--
       (A) review and assess reports and other information from 
     privacy officers and civil liberties officers described in 
     section 212;
       (B) when appropriate, make recommendations to such privacy 
     officers and civil liberties officers regarding their 
     activities; and
       (C) when appropriate, coordinate the activities of such 
     privacy officers and civil liberties officers on relevant 
     interagency matters.
       (4) Testimony.--The Members of the Board shall appear and 
     testify before Congress upon request.
       (e) Reports.--
       (1) In general.--The Board shall--
       (A) receive and review reports from privacy officers and 
     civil liberties officers described in section 212; and
       (B) periodically submit, not less than semiannually, 
     reports--
       (i)(I) to the appropriate committees of Congress, including 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives, the Committee on Governmental Affairs of 
     the Senate, the Committee on Government Reform of the House 
     of Representatives, the Select Committee on Intelligence of 
     the Senate, and the Permanent Select Committee on 
     Intelligence of the House of Representatives; and
       (II) to the President; and
       (ii) which shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.

[[Page S9633]]

       (2) Contents.--Not less than 2 reports submitted each year 
     under paragraph (1)(B) shall include--
       (A) a description of the major activities of the Board 
     during the preceding period; 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--
       (1) make its reports, including its reports to Congress, 
     available to the public to the greatest extent that is 
     consistent with the protection of classified information and 
     applicable law; and
       (2) hold public hearings and otherwise inform the public of 
     its activities, as appropriate and in a manner consistent 
     with the protection of classified information and applicable 
     law.
       (g) Access To Information.--
       (1) Authorization.--If determined by the Board to be 
     necessary to carry out its responsibilities under this 
     section, the Board is authorized to--
       (A) have access from any department, agency, or element of 
     the executive branch, or any Federal officer or employee, to 
     all relevant records, reports, audits, reviews, documents, 
     papers, recommendations, or other relevant material, 
     including classified information consistent with applicable 
     law;
       (B) interview, take statements from, or take public 
     testimony from personnel of any department, agency, or 
     element of the executive branch, or any Federal officer or 
     employee;
       (C) request information or assistance from any State, 
     tribal, or local government; and
       (D) require, by subpoena issued at the direction of a 
     majority of the members of the Board, persons (other than 
     departments, agencies, and elements of the executive branch) 
     to produce any relevant information, documents, reports, 
     answers, records, accounts, papers, and other documentary or 
     testimonial evidence.
       (2) Enforcement of subpoena.--In the case of contumacy or 
     failure to obey a subpoena issued under paragraph (1)(D), the 
     United States district court for the judicial district in 
     which the subpoenaed person resides, is served, or may be 
     found may issue an order requiring such person to produce the 
     evidence required by such subpoena.
       (3) Agency cooperation.--Whenever information or assistance 
     requested under subparagraph (A) or (B) of paragraph (1) is, 
     in the judgment of the Board, unreasonably refused or not 
     provided, the Board shall report the circumstances to the 
     head of the department, agency, or element concerned without 
     delay. The head of the department, agency, or element 
     concerned shall ensure that the Board is given access to the 
     information, assistance, material, or personnel the Board 
     determines to be necessary to carry out its functions.
       (h) Membership.--
       (1) Members.--The Board shall be composed of a full-time 
     chairman and 4 additional members, who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate.
       (2) Qualifications.--Members of the Board shall be selected 
     solely on the basis of their professional qualifications, 
     achievements, public stature, expertise in civil liberties 
     and privacy, and relevant experience, and without regard to 
     political affiliation, but in no event shall more than 3 
     members of the Board be members of the same political party.
       (3) Incompatible office.--An individual appointed to the 
     Board may not, while serving on the Board, be an elected 
     official, officer, or employee of the Federal Government, 
     other than in the capacity as a member of the Board.
       (4) Term.--Each member of the Board shall serve a term of 
     six years, except that--
       (A) a member appointed to a term of office after the 
     commencement of such term may serve under such appointment 
     only for the remainder of such term;
       (B) upon the expiration of the term of office of a member, 
     the member shall continue to serve until the member's 
     successor has been appointed and qualified, except that no 
     member may serve under this subparagraph--
       (i) for more than 60 days when Congress is in session 
     unless a nomination to fill the vacancy shall have been 
     submitted to the Senate; or
       (ii) after the adjournment sine die of the session of the 
     Senate in which such nomination is submitted; and
       (C) the members initially appointed under this subsection 
     shall serve terms of two, three, four, five, and six years, 
     respectively, from the effective date of this Act, with the 
     term of each such member to be designated by the President.
       (5) Quorum and Meetings.--After its initial meeting, the 
     Board shall meet upon the call of the chairman or a majority 
     of its members. Three members of the Board shall constitute a 
     quorum.
       (i) Compensation and Travel Expenses.--
       (1) Compensation.--
       (A) Chairman.--The chairman shall be compensated at the 
     rate of pay payable for a position at level III of the 
     Executive Schedule under section 5314 of title 5, United 
     States Code.
       (B) Members.--Each member of the Board shall be compensated 
     at a rate of pay payable for a position at level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day during which that member is engaged 
     in the actual performance of the duties of the Board.
       (2) Travel expenses.--Members of the Board shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for persons employed intermittently by 
     the Government under section 5703(b) of title 5, United 
     States Code, while away from their homes or regular places of 
     business in the performance of services for the Board.
       (j) Staff.--
       (1) Appointment and compensation.--The Chairman, in 
     accordance with rules agreed upon by the Board, shall appoint 
     and fix the compensation of a full-time executive director 
     and such other personnel as may be necessary to enable the 
     Board to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this subsection may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (2) Detailees.--Any Federal employee may be detailed to the 
     Board without reimbursement from the Board, and such detailee 
     shall retain the rights, status, and privileges of the 
     detailee's regular employment without interruption.
       (3) Consultant services.--The Board may procure the 
     temporary or intermittent services of experts and consultants 
     in accordance with section 3109 of title 5, United States 
     Code, at rates that do not exceed the daily rate paid a 
     person occupying a position at level IV of the Executive 
     Schedule under section 5315 of such title.
       (k) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch shall 
     cooperate with the Board to expeditiously provide the Board 
     members and staff with appropriate security clearances to the 
     extent possible under existing procedures and requirements.
       (l) Treatment as Agency, Not as Advisory Committee.--The 
     Board--
       (1) is an agency (as defined in section 551(1) of title 5, 
     United States Code); and
       (2) is not an advisory committee (as defined in section 
     3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

     SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS.

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

[[Page S9634]]

     ensure that each privacy officer and civil liberties 
     officer--
       (1) has the information, material, and resources necessary 
     to fulfill the functions of such officer;
       (2) is advised of proposed policy changes;
       (3) is consulted by decision makers; and
       (4) is given access to material and personnel the officer 
     determines to be necessary to carry out the functions of such 
     officer.
       (e) Reprisal for Making Complaint.--No action constituting 
     a reprisal, or threat of reprisal, for making a complaint or 
     for disclosing information to a privacy officer or civil 
     liberties officer described in subsection (a) or (b), or to 
     the Privacy and Civil Liberties Oversight Board, that 
     indicates a possible violation of privacy protections or 
     civil liberties in the administration of the programs and 
     operations of the Federal Government relating to efforts to 
     protect the Nation from terrorism shall be taken by any 
     Federal employee in a position to take such action, unless 
     the complaint was made or the information was disclosed with 
     the knowledge that it was false or with willful disregard for 
     its truth or falsity.
       (f) Periodic Reports.--
       (1) In general.--The privacy officers and civil liberties 
     officers of each department, agency, or element referred to 
     or described in subsection (a) or (b) shall periodically, but 
     not less than quarterly, submit a report on the activities of 
     such officers--
       (A)(i) to the appropriate committees of Congress, including 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives, the Committee on Governmental Affairs of 
     the Senate, the Committee on Government Reform of the House 
     of Representatives, the Select Committee on Intelligence of 
     the Senate, and the Permanent Select Committee on 
     Intelligence of the House of Representatives;
       (ii) to the head of such department, agency, or element; 
     and
       (iii) to the Privacy and Civil Liberties Oversight Board; 
     and
       (B) which shall be in unclassified form to the greatest 
     extent possible, with a classified annex where necessary.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include information on the discharge of each of the 
     functions of the officer concerned, including--
       (A) information on the number and types of reviews 
     undertaken;
       (B) the type of advice provided and the response given to 
     such advice;
       (C) the number and nature of the complaints received by the 
     department, agency, or element concerned for alleged 
     violations; and
       (D) a summary of the disposition of such complaints, the 
     reviews and inquiries conducted, and the impact of the 
     activities of such officer.
       (g) Informing the Public.--Each privacy officer and civil 
     liberties officer shall--
       (1) make the reports of such officer, including reports to 
     Congress, available to the public to the greatest extent that 
     is consistent with the protection of classified information 
     and applicable law; and
       (2) otherwise inform the public of the activities of such 
     officer, as appropriate and in a manner consistent with the 
     protection of classified information and applicable law.
       (h) Savings Clause.--Nothing in this section shall be 
     construed to limit or otherwise supplant any other 
     authorities or responsibilities provided by law to privacy 
     officers or civil liberties officers.

           Subtitle C--Independence of Intelligence Agencies

     SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DIRECTOR.

       (a) Location Outside Executive Office of the President.--
     The National Intelligence Director shall not be located 
     within the Executive Office of the President.
       (b) Provision of National Intelligence.--The National 
     Intelligence Director shall provide to the President and 
     Congress national intelligence that is timely, objective, and 
     independent of political considerations, and has not been 
     shaped to serve policy goals.

     SEC. 222. INDEPENDENCE OF INTELLIGENCE.

       (a) Director of National Counterterrorism Center.--The 
     Director of the National Counterterrorism Center shall 
     provide to the President, Congress, and the National 
     Intelligence Director national intelligence related to 
     counterterrorism that is timely, objective, and independent 
     of political considerations, and has not been shaped to serve 
     policy goals.
       (b) Directors of National Intelligence Centers.--Each 
     Director of a national intelligence center established under 
     section 144 shall provide to the President, Congress, and the 
     National Intelligence Director intelligence information that 
     is timely, objective, and independent of political 
     considerations, and has not been shaped to serve policy 
     goals.
       (c) Director of Central Intelligence Agency.--The Director 
     of the Central Intelligence Agency shall ensure that 
     intelligence produced by the Central Intelligence Agency is 
     objective and independent of political considerations, and 
     has not been shaped to serve policy goals.
       (d) National Intelligence Council.--The National 
     Intelligence Council shall produce national intelligence 
     estimates for the United States Government that are timely, 
     objective, and independent of political considerations, and 
     have not been shaped to serve policy goals.

     SEC. 223. INDEPENDENCE OF NATIONAL COUNTERTERRORISM CENTER.

       No officer, department, agency, or element of the executive 
     branch shall have any authority to require the Director of 
     the National Counterterrorism Center--
       (1) to receive permission to testify before Congress; or
       (2) to submit testimony, legislative recommendations, or 
     comments to any officer or agency of the United States for 
     approval, comments, or review prior to the submission of such 
     recommendations, testimony, or comments to Congress if such 
     recommendations, testimony, or comments include a statement 
     indicating that the views expressed therein are those of the 
     agency submitting them and do not necessarily represent the 
     views of the Administration.

     SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO NATIONAL 
                   INTELLIGENCE.

       (a) Documents Required To Be Provided to Congressional 
     Committees.--The National Intelligence Director, the Director 
     of the National Counterterrorism Center, and the Director of 
     a national intelligence center shall provide to the Select 
     Committee on Intelligence of the Senate, the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     and any other committee of Congress with jurisdiction over 
     the subject matter to which the information relates, all 
     intelligence assessments, intelligence estimates, sense of 
     intelligence community memoranda, and daily senior executive 
     intelligence briefs, other than the Presidential Daily Brief 
     and those reports prepared exclusively for the President.
       (b) Response to Requests from Congress Required.--
       (1) In general.--Except as provided in paragraph (2), in 
     addition to providing material under subsection (a), the 
     National Intelligence Director, the Director of the National 
     Counterterrorism Center, or the Director of a national 
     intelligence center shall, not later than 15 days after 
     receiving a request for any intelligence assessment, report, 
     or estimate or other intelligence information from the Select 
     Committee on Intelligence of the Senate, the Permanent Select 
     Committee on Intelligence of the House of Representatives, or 
     any other committee of Congress with jurisdiction over the 
     subject matter to which the information relates, make 
     available to such committee such intelligence assessment, 
     report, or estimate or other intelligence information.
       (2) Certain members.--In addition to requests described in 
     paragraph (1), the National Intelligence Director shall 
     respond to requests from the Chairman and Vice Chairman of 
     the Select Committee on Intelligence of the Senate and the 
     Chairman and Ranking Member of the Permanent Select Committee 
     on Intelligence of the House of Representatives. Upon making 
     a request covered by this paragraph, the Chairman, Vice 
     Chairman, or Ranking Member, as the case may be, of such 
     committee shall notify the other of the Chairman, Vice 
     Chairman, or Ranking Member, as the case may be, of such 
     committee of such request.
       (3) Assertions of privilege.--In response to requests 
     described under paragraph (1) or (2), the National 
     Intelligence Director, the Director of the National 
     Counterterrorism Center, or the Director of a national 
     intelligence center shall provide information, unless the 
     President certifies that such information is not being 
     provided because the President is asserting a privilege 
     pursuant to the United States Constitution.

     SEC. 225. COMMUNICATIONS WITH CONGRESS.

       (a) Disclosure of Certain Information Authorized.--
       (1) In general.--Employees of covered agencies and 
     employees of contractors carrying out activities under 
     classified contracts with covered agencies may disclose 
     information described in paragraph (2) to the individuals 
     referred to in paragraph (3) without first reporting such 
     information to the appropriate Inspector General.
       (2) Covered information.--Paragraph (1) applies to 
     information, including classified information, that an 
     employee reasonably believes provides direct and specific 
     evidence of a false or inaccurate statement to Congress 
     contained in, or withheld from Congress, any intelligence 
     information material to, any intelligence assessment, report, 
     or estimate, but does not apply to information the disclosure 
     of which is prohibited by rule 6(e) of the Federal Rules of 
     Criminal Procedure.
       (3) Covered individuals.--
       (A) In general.--The individuals to whom information in 
     paragraph (2) may be disclosed are--
       (i) a Member of a committee of Congress having primary 
     responsibility for oversight of a department, agency, or 
     element of the United States Government to which the 
     disclosed information relates and who is authorized to 
     receive information of the type disclosed;
       (ii) any other Member of Congress who is authorized to 
     receive information of the type disclosed; and
       (iii) an employee of Congress who has the appropriate 
     security clearance and is authorized to receive information 
     of the type disclosed.
       (B) Presumption of need for information.--An individual 
     described in subparagraph (A) to whom information is 
     disclosed

[[Page S9635]]

     under paragraph (2) shall be presumed to have a need to know 
     such information.
       (b) Construction With Other Reporting Requirements.--
     Nothing in this section may be construed to modify, alter, or 
     otherwise affect--
       (1) any reporting requirement relating to intelligence 
     activities that arises under this Act, the National Security 
     Act of 1947 (50 U.S.C. 401 et seq.), or any other provision 
     of law; or
       (2) the right of any employee of the United States 
     Government to disclose to Congress in accordance with 
     applicable law information not described in this section.
       (c) Covered Agencies Defined.--In this section, the term 
     ``covered agencies'' means the following:
       (1) The National Intelligence Authority, including the 
     National Counterterrorism Center.
       (2) The Central Intelligence Agency.
       (3) The Defense Intelligence Agency.
       (4) The National Geospatial-Intelligence Agency.
       (5) The National Security Agency.
       (6) The Federal Bureau of Investigation.
       (7) Any other Executive agency, or element or unit thereof, 
     determined by the President under section 2302(a)(2)(C)(ii) 
     of title 5, United States Code, to have as its principal 
     function the conduct of foreign intelligence or 
     counterintelligence activities.

  TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY 
                               MANAGEMENT

              Subtitle A--Conforming and Other Amendments

     SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY ON 
                   THE CENTRAL INTELLIGENCE AGENCY.

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


                     ``central intelligence agency

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


             ``director of the Central Intelligence Agency

       ``Sec. 103. (a) Director of Central Intelligence Agency.--
     There is a Director of the Central Intelligence Agency who 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.
       ``(b) Supervision.--The Director of the Central 
     Intelligence Agency shall report to the National Intelligence 
     Director regarding the activities of the Director of the 
     Central Intelligence Agency.
       ``(c) Duties.--The Director of the Central Intelligence 
     Agency shall--
       ``(1) serve as the head of the Central Intelligence Agency; 
     and
       ``(2) carry out the responsibilities specified in 
     subsection (d).
       ``(d) Responsibilities.--The Director of the Central 
     Intelligence Agency shall--
       ``(1) collect intelligence through human sources and by 
     other appropriate means, except that the Director of the 
     Central Intelligence Agency shall have no police, subpoena, 
     or law enforcement powers or internal security functions;
       ``(2) correlate and evaluate intelligence related to the 
     national security and provide appropriate dissemination of 
     such intelligence;
       ``(3) provide overall direction for and coordination of the 
     collection of national intelligence outside the United States 
     through human sources by elements of the intelligence 
     community authorized to undertake such collection and, in 
     coordination with other departments, agencies, or elements of 
     the United States Government which are authorized to 
     undertake such collection, ensure that the most effective use 
     is made of resources and that appropriate account is taken of 
     the risks to the United States and those involved in such 
     collection; and
       ``(4) perform such other functions and duties pertaining to 
     intelligence relating to the national security as the 
     President or the National Intelligence Director may direct.
       ``(e) Termination of Employment of CIA Employees.--(1) 
     Notwithstanding the provisions of any other law, the Director 
     of the Central Intelligence Agency may, in the discretion of 
     the Director, terminate the employment of any officer or 
     employee of the Central Intelligence Agency whenever the 
     Director considers the termination of employment of such 
     officer or employee necessary or advisable in the interests 
     of the United States.
       ``(2) Any termination of employment of an officer or 
     employee under paragraph (1) shall not affect the right of 
     the officer or employee to seek or accept employment in any 
     other department, agency, or element of the United States 
     Government if declared eligible for such employment by the 
     Office of Personnel Management.
       ``(f) Coordination With Foreign Governments.--Under the 
     direction of the National Intelligence Director and in a 
     manner consistent with section 207 of the Foreign Service Act 
     of 1980 (22 U.S.C. 3927), the Director of the Central 
     Intelligence Agency shall coordinate the relationships 
     between elements of the intelligence community and the 
     intelligence or security services of foreign governments on 
     all matters involving intelligence related to the national 
     security or involving intelligence acquired through 
     clandestine means.''.
       (b) Transformation of Central Intelligence Agency.--The 
     Director of the Central Intelligence Agency shall, in 
     accordance with standards developed by the Director in 
     consultation with the National Intelligence Director--
       (1) enhance the analytic, human intelligence, and other 
     capabilities of the Central Intelligence Agency;
       (2) develop and maintain an effective language program 
     within the Agency;
       (3) emphasize the hiring of personnel of diverse 
     backgrounds for purposes of improving the capabilities of the 
     Agency;
       (4) establish and maintain effective relationships between 
     human intelligence and signals intelligence within the Agency 
     at the operational level; and
       (5) achieve a more effective balance within the Agency with 
     respect to unilateral operations and liaison operations.
       (c) Reports.--(1) Not later than 180 days after the 
     effective date of this section, and annually thereafter, the 
     Director of the Central Intelligence Agency shall submit to 
     the National Intelligence Director and the congressional 
     intelligence committees a report setting forth the following:
       (A) A strategy for improving the conduct of analysis 
     (including strategic analysis) by the Central Intelligence 
     Agency, and the progress of the Agency in implementing the 
     strategy.
       (B) A strategy for improving the human intelligence and 
     other capabilities of the Agency, and the progress of the 
     Agency in implementing the strategy, including--
       (i) the recruitment, training, equipping, and deployment of 
     personnel required to address the current and projected 
     threats to the national security of the United States during 
     each of the 2-year, 5-year, and 10-year periods beginning on 
     the date of such report, including personnel with the 
     backgrounds, education, and experience necessary for ensuring 
     a human intelligence capability adequate for such projected 
     threats;
       (ii) the achievement of a proper balance between unilateral 
     operations and liaison operations;
       (iii) the development of language capabilities (including 
     the achievement of high standards in such capabilities by the 
     use of financial incentives and other mechanisms);
       (iv) the sound financial management of the Directorate of 
     Operations; and
       (v) the identification of other capabilities required to 
     address the current and projected threats to the national 
     security of the United States during each of the 2-year, 5-
     year, and 10-year periods beginning on the date of such 
     report.
       (C) In conjunction with the Director of the National 
     Security Agency, a strategy for achieving integration between 
     signals and human intelligence capabilities, and the progress 
     in implementing the strategy.
       (D) Metrics and milestones for measuring progress in the 
     implementation of each such strategy.
       (2)(A) The information in each report under paragraph (1) 
     on the element of the strategy referred to in paragraph 
     (1)(B)(i) shall identify the number and types of personnel 
     required to implement the strategy during each period 
     addressed in such report, include a plan for the recruitment, 
     training, equipping, and deployment of such personal, and set 
     forth an estimate of the costs of such activities.
       (B) If as of the date of a report under paragraph (1), a 
     proper balance does not exist between unilateral operations 
     and liaison operations, such report shall set forth the steps 
     to be taken to achieve such balance.
       (C) The information in each report under paragraph (1) on 
     the element of the strategy referred to in paragraph 
     (1)(B)(v) shall identify the other capabilities required to 
     implement the strategy during each period addressed in such 
     report, include a plan for developing such capabilities, and 
     set forth an estimate of the costs of such activities.

     SEC. 302. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL 
                   INTELLIGENCE DIRECTOR AND DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       (a) National Security Act of 1947.--(1) The National 
     Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in the following provisions and inserting ``National 
     Intelligence Director'':
       (A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
       (B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
       (C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
       (D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
       (E) Section 101(j) (50 U.S.C. 402(j)).
       (F) Section 105(a) (50 U.S.C. 403-5(a)).
       (G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
       (H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
       (I) Section 105B(b) (50 U.S.C. 403-5b(b)).
       (J) Section 110(b) (50 U.S.C. 404e(b)).
       (K) Section 110(c) (50 U.S.C. 404e(c)).
       (L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
       (M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
       (N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
       (O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
       (P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
       (R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
       (S) Section 115(b) (50 U.S.C. 404j(b)).
       (T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
       (U) Section 116(a) (50 U.S.C. 404k(a)).

[[Page S9636]]

       (V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
       (W) Section 303(a) (50 U.S.C. 405(a)), both places it 
     appears.
       (X) Section 501(d) (50 U.S.C. 413(d)).
       (Y) Section 502(a) (50 U.S.C. 413a(a)).
       (Z) Section 502(c) (50 U.S.C. 413a(c)).
       (AA) Section 503(b) (50 U.S.C. 413b(b)).
       (BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
       (CC) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
       (DD) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
       (EE) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
       (FF) Section 603(a) (50 U.S.C. 423(a)).
       (GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
       (HH) Section 702(a)(6)(B)(viii) (50 U.S.C. 
     432(a)(6)(B)(viii)).
       (II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places 
     it appears.
       (JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
       (KK) Section 703(a)(6)(B)(viii) (50 U.S.C. 
     432a(a)(6)(B)(viii)).
       (LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places 
     it appears.
       (MM) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
       (NN) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
       (OO) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places 
     it appears.
       (PP) Section 1001(a) (50 U.S.C. 441g(a)).
       (QQ) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
       (RR) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
       (SS) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
       (TT) Section 1102(d) (50 U.S.C. 442a(d)).
       (2) That Act is further amended by striking ``of Central 
     Intelligence'' each place it appears in the following 
     provisions:
       (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
       (B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
       (C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place 
     it appears.
       (3) That Act is further amended by striking ``Director'' 
     each place it appears in the following provisions and 
     inserting ``National Intelligence Director'':
       (A) Section 114(c) (50 U.S.C. 404i(c)).
       (B) Section 116(b) (50 U.S.C. 404k(b)).
       (C) Section 1001(b) (50 U.S.C. 441g(b)).
       (C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it 
     appears.
       (D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
       (E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it 
     appears.
       (4) Section 114A of that Act (50 U.S.C. 404i-1) is amended 
     by striking ``Director of Central Intelligence'' and 
     inserting ``National Intelligence Director, the Director of 
     the Central Intelligence Agency''
       (5) Section 701 of that Act (50 U.S.C. 431) is amended--
       (A) in subsection (a), by striking ``Operational files of 
     the Central Intelligence Agency may be exempted by the 
     Director of Central Intelligence'' and inserting ``The 
     Director of the Central Intelligence Agency, with the 
     coordination of the National Intelligence Director, may 
     exempt operational files of the Central Intelligence 
     Agency''; and
       (B) in subsection (g)(1), by striking ``Director of Central 
     Intelligence'' and inserting ``Director of the Central 
     Intelligence Agency and the National Intelligence Director''.
       (6) The heading for section 114 of that Act (50 U.S.C. 
     404i) is amended to read as follows:


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

       (b) Central Intelligence Agency Act of 1949.--(1) Section 1 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     403a) is amended--
       (A) by redesignating paragraphs (a), (b), and (c) as 
     paragraphs (1), (2), and (3), respectively; and
       (B) by striking paragraph (2), as so redesignated, and 
     inserting the following new paragraph (2):
       ``(2) `Director' means the Director of the Central 
     Intelligence Agency; and''.
       (2) That Act (50 U.S.C. 403a et seq.) is further amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in the following provisions and inserting ``National 
     Intelligence Director'':
       (A) Section 6 (50 U.S.C. 403g).
       (B) Section 17(f) (50 U.S.C. 403q(f)), both places it 
     appears.
       (3) That Act is further amended by striking ``of Central 
     Intelligence'' in each of the following provisions:
       (A) Section 2 (50 U.S.C. 403b).
       (A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
       (B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
       (C) Section 20(c) (50 U.S.C. 403t(c)).
       (4) That Act is further amended by striking ``Director of 
     Central Intelligence'' each place it appears in the following 
     provisions and inserting ``Director of the Central 
     Intelligence Agency'':
       (A) Section 14(b) (50 U.S.C. 403n(b)).
       (B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
       (C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it 
     appears.
       (D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
       (E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
       (c) Central Intelligence Agency Retirement Act.--Section 
     101 of the Central Intelligence Agency Retirement Act (50 
     U.S.C. 2001) is amended by striking paragraph (2) and 
     inserting the following new paragraph (2):
       ``(2) Director.--The term `Director' means the Director of 
     the Central Intelligence Agency.''.
       (d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of 
     section 2 of the Central Intelligence Agency Voluntary 
     Separation Pay Act (50 U.S.C. 2001 note) is amended to read 
     as follows:
       ``(1) the term `Director' means the Director of the Central 
     Intelligence Agency;''.
       (e) Foreign Intelligence Surveillance Act of 1978.--(1) The 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.) is amended by striking ``Director of Central 
     Intelligence'' each place it appears and inserting ``National 
     Intelligence Director''.
       (f) Classified Information Procedures Act.--Section 9(a) of 
     the Classified Information Procedures Act (5 U.S.C. App.) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``National Intelligence Director''.
       (g) Intelligence Authorization Acts.--
       (1) Public law 103-359.--Section 811(c)(6)(C) of the 
     Counterintelligence and Security Enhancements Act of 1994 
     (title VIII of Public Law 103-359) is amended by striking 
     ``Director of Central Intelligence'' and inserting ``National 
     Intelligence Director''.
       (2) Public law 107-306.--(A) The Intelligence Authorization 
     Act for Fiscal Year 2003 (Public Law 107-306) is amended by 
     striking ``Director of Central Intelligence, acting as the 
     head of the intelligence community,'' each place it appears 
     in the following provisions and inserting ``National 
     Intelligence Director'':
       (i) Section 313(a) (50 U.S.C. 404n(a)).
       (ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
       (B) Section 341 of that Act (50 U.S.C. 404n-1) is amended 
     by striking ``Director of Central Intelligence, acting as the 
     head of the intelligence community, shall establish in the 
     Central Intelligence Agency'' and inserting ``National 
     Intelligence Director shall establish within the Central 
     Intelligence Agency''.
       (C) Section 352(b) of that Act (50 U.S.C. 404-3 note) is 
     amended by striking ``Director'' and inserting ``National 
     Intelligence Director''.
       (3) Public law 108-177.--(A) The Intelligence Authorization 
     Act for Fiscal Year 2004 (Public Law 108-177) is amended by 
     striking ``Director of Central Intelligence'' each place it 
     appears in the following provisions and inserting ``National 
     Intelligence Director'':
       (i) Section 317(a) (50 U.S.C. 403-3 note).
       (ii) Section 317(h)(1).
       (iii) Section 318(a) (50 U.S.C. 441g note).
       (iv) Section 319(b) (50 U.S.C. 403 note).
       (v) Section 341(b) (28 U.S.C. 519 note).
       (vi) Section 357(a) (50 U.S.C. 403 note).
       (vii) Section 504(a) (117 Stat. 2634), both places it 
     appears.
       (B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is 
     amended by striking ``Director'' the first place it appears 
     and inserting ``National Intelligence Director''.
       (C) Section 404 of that Act (18 U.S.C. 4124 note) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``Director of the Central Intelligence Agency''.

     SEC. 303. OTHER CONFORMING AMENDMENTS

       (a) National Security Act of 1947.--(1) Section 101(j) of 
     the National Security Act of 1947 (50 U.S.C. 402(j)) is 
     amended by striking ``Deputy Director of Central 
     Intelligence'' and inserting ``Principal Deputy National 
     Intelligence Director''.
       (2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is 
     amended by striking ``section 103(c)(6) of this Act'' and 
     inserting ``section 112(a)(11) of the National Intelligence 
     Reform Act of 2004''.
       (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is 
     amended by striking ``to the Deputy Director of Central 
     Intelligence, or with respect to employees of the Central 
     Intelligence Agency, the Director may delegate such authority 
     to the Deputy Director for Operations'' and inserting ``to 
     the Principal Deputy National Intelligence Director, or, with 
     respect to employees of the Central Intelligence Agency, to 
     the Director of the Central Intelligence Agency''.
       (4) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is 
     amended by striking ``Reserve for Contingencies of the 
     Central Intelligence Agency'' and inserting ``Reserve for 
     Contingencies of the National Intelligence Director''.
       (5) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) 
     is amended by striking ``Office of the Deputy Director of 
     Central Intelligence'' and inserting ``Office of the National 
     Intelligence Director''.
       (6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is 
     amended by striking ``or the Office of the Director of 
     Central Intelligence'' and inserting ``the Office of the 
     Director of the Central Intelligence Agency, or the Office of 
     the National Intelligence Director''.
       (7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is 
     amended by striking ``Assistant Director of Central 
     Intelligence for Administration'' and inserting ``Office of 
     the National Intelligence Director''.
       (b) Central Intelligence Agency Act of 1949.--Section 6 of 
     the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) 
     is amended by striking ``section 103(c)(7) of the National 
     Security Act of 1947 (50 U.S.C. 403-3(c)(7))'' and inserting 
     ``section 112(a)(11) of the National Intelligence Reform Act 
     of 2004''.
       (c) Central Intelligence Agency Retirement Act.--Section 
     201(c) of the Central Intelligence Agency Retirement Act (50 
     U.S.C. 2011(c)) is amended by striking ``paragraph (6) of 
     section 103(c) of the National Security Act of 1947 (50 
     U.S.C. 403-3(c)) that the Director of Central Intelligence'' 
     and inserting ``section 112(a)(11) of the National 
     Intelligence Reform Act of 2004 that the National 
     Intelligence Director''.

[[Page S9637]]

       (d) Intelligence Authorization Acts.--
       (1) Public law 107-306.--Section 343(c) of the Intelligence 
     Authorization Act for Fiscal Year 2003 (Public Law 107-306; 
     50 U.S.C. 404n-2(c)) is amended by striking ``section 
     103(c)(6) of the National Security Act of 1947 (50 U.S.C. 
     403-3((c)(6))'' and inserting ``section 112(a)(11) of the 
     National Intelligence Reform Act of 2004''.
       (2) Public law 108-177.--Section 317 of the Intelligence 
     Authorization Act for Fiscal Year 2004 (Public Law 108-177; 
     50 U.S.C. 403-3 note) is amended--
       (A) in subsection (g), by striking ``Assistant Director of 
     Central Intelligence for Analysis and Production'' and 
     inserting ``Principal Deputy National Intelligence 
     Director''; and
       (B) in subsection (h)(2)(C), by striking ``Assistant 
     Director'' and inserting ``Principal Deputy National 
     Intelligence Director''.

     SEC. 304. MODIFICATIONS OF FOREIGN INTELLIGENCE AND 
                   COUNTERINTELLIGENCE UNDER NATIONAL SECURITY ACT 
                   OF 1947.

       Section 3 of the National Security Act of 1947 (50 U.S.C. 
     401a) is amended--
       (1) in paragraph (2), by striking ``or foreign persons, or 
     international terrorist activities'' and inserting ``foreign 
     persons, or international terrorists''; and
       (2) in paragraph (3), by striking ``or foreign persons, or 
     international terrorist activities'' and inserting ``foreign 
     persons, or international terrorists''.

     SEC. 305. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL 
                   SECURITY ACT OF 1947.

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

     SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE 
                   PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.

       (a) Redesignation.--Section 3 of the National Security Act 
     of 1947 (50 U.S.C. 401a), as amended by this Act, is further 
     amended--
       (1) by striking paragraph (6); and
       (2) by redesignating paragraph (7) as paragraph (6).
       (b) Conforming Amendments.--(1) The National Security Act 
     of 1947, as amended by this Act, is further amended by 
     striking ``National Foreign Intelligence Program'' each place 
     it appears in the following provisions and inserting 
     ``National Intelligence Program'':
       (A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
       (B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
       (C) Section 506(a) (50 U.S.C. 415a(a)).
       (2) Section 17(f) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403q(f)) is amended by striking ``National 
     Foreign Intelligence Program'' and inserting ``National 
     Intelligence Program''.
       (c) Heading Amendments.--(1) The heading of section 105 of 
     that Act is amended to read as follows:


   ``responsibilities of the secretary of defense pertaining to the 
                    national intelligence program''.

       (2) The heading of section 506 of that Act is amended to 
     read as follows:


   ``specificity of national intelligence program budget amounts for 
     counterterrorism, counterproliferation, counternarcotics, and 
                         counterintelligence''.

     SEC. 307. CONFORMING AMENDMENT ON COORDINATION OF BUDGETS OF 
                   ELEMENTS OF THE INTELLIGENCE COMMUNITY WITHIN 
                   THE DEPARTMENT OF DEFENSE.

       Section 105(a)(1) of the National Security Act of 1947 (50 
     U.S.C. 403-5(a)(1)) is amended by striking ``ensure'' and 
     inserting ``assist the Director in ensuring''.

     SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES.

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

     SEC. 309. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 
                   1947.

       The table of contents for the National Security Act of 1947 
     is amended--
       (1) by inserting after the item relating to section 101 the 
     following new item:

``Sec. 101A. Joint Intelligence Community Council.'';

       (2) by striking the items relating to sections 102 through 
     104 and inserting the following new items:

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

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

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

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

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

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

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

     SEC. 310. MODIFICATION OF AUTHORITIES RELATING TO NATIONAL 
                   COUNTERINTELLIGENCE EXECUTIVE.

       (a) Appointment of National Counterintelligence 
     Executive.--Subsection (a)(2) of section 902 of the 
     Counterintelligence Enhancement Act of 2002 (title IX of 
     Public Law 107-306; 116 Stat. 2432; 50 U.S.C. 402b) is 
     amended by striking ``Director of Central Intelligence'' and 
     inserting ``National Intelligence Director, and Director of 
     the Central Intelligence Agency''.
       (b) Component of Office of National Intelligence 
     Director.--Such section is further amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Component of Office of National Intelligence 
     Director.--The National Counterintelligence Executive is a 
     component of the Office of the National Intelligence Director 
     under subtitle C of the National Intelligence Reform Act of 
     2004.''.
       (c) Duties.--Subsection (d) of such section, as 
     redesignated by subsection (a)(1) of this section, is amended 
     by adding at the end the following new paragraph:
       ``(5) To perform such other duties as may be provided under 
     section 131(b) of the National Intelligence Reform Act of 
     2004.''.
       (d) Office of National Counterintelligence Executive.--
     Section 904 of the Counterintelligence Enhancement Act of 
     2002 (116 Stat. 2434; 50 U.S.C. 402c) is amended--
       (1) by striking ``Office of the Director of Central 
     Intelligence'' each place it appears in subsections (c) and 
     (l)(1) and inserting ``Office of the National Intelligence 
     Director'';
       (2) by striking ``Director of Central Intelligence'' each 
     place it appears in subsections (e)(4), (e)(5), (h)(1), and 
     (h)(2) and inserting ``National Intelligence Director''; and
       (3) in subsection (m), by striking ``Director of Central 
     Intelligence'' and inserting ``National Intelligence 
     Director, the Director of the Central Intelligence Agency''.

     SEC. 311. 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, 
     an employee of an entity other than the Authority who is 
     assigned or detailed to the Authority, or of a contractor of 
     the Authority, who intends to report to Congress a complaint 
     or information with respect to an urgent concern may report 
     the complaint or information to the Inspector General of the 
     National Intelligence Authority in accordance with section 
     141(h)(5) of the National Intelligence Reform Act of 2004.''.

     SEC. 312. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL 
                   OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.

       Section 901(b)(1) of title 31, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(Q) The National Intelligence Authority.''.

                 Subtitle B--Transfers and Terminations

     SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF CENTRAL 
                   INTELLIGENCE FOR COMMUNITY MANAGEMENT.

       (a) Transfer.--There shall be transferred to the Office of 
     the National Intelligence Director the staff of the Office of 
     the Deputy Director of Central Intelligence for Community 
     Management as of the date of the enactment of this Act, 
     including all functions and activities discharged by the 
     Office of the Deputy Director of Central Intelligence for 
     Community Management as of that date.
       (b) Administration.--The National Intelligence Director 
     shall administer the staff of the Office of the Deputy 
     Director of Central Intelligence for Community Management 
     after the date of the enactment of this Act as a component of 
     the Office of the National Intelligence Director under 
     section 121(d).

[[Page S9638]]

     SEC. 322. TRANSFER OF NATIONAL COUNTERTERRORISM EXECUTIVE.

       (a) Transfer.--There shall be transferred to the Office of 
     the National Intelligence Director the National 
     Counterintelligence Executive and the Office of the National 
     Counterintelligence Executive under the Counterintelligence 
     Enhancement Act of 2002 (title IX of Public Law 107-306; 50 
     U.S.C. 402b et seq.), as amended by section 309 of this Act, 
     including all functions and activities discharged by the 
     National Counterintelligence Executive and the Office of the 
     National Counterintelligence Executive as of the date of the 
     enactment of this Act.
       (b) Administration.--The National Intelligence Director 
     shall treat the National Counterintelligence Executive, and 
     administer the Office of the National Counterintelligence 
     Executive, after the date of the enactment of this Act as 
     components of the Office of the National Intelligence 
     Director under section 121(c).

     SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

       (a) Transfer.--There shall be transferred to the National 
     Counterterrorism Center the Terrorist Threat Integration 
     Center (TTIC), including all functions and activities 
     discharged by the Terrorist Threat Integration Center as of 
     the date of the enactment of this Act.
       (b) Administration.--The Director of the National 
     Counterterrorism Center shall administer the Terrorist Threat 
     Integration Center after the date of the enactment of this 
     Act as a component of the Directorate of Intelligence of the 
     National Counterterrorism Center under section 143(g)(2).

     SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN THE CENTRAL 
                   INTELLIGENCE AGENCY.

       (a) Termination.--The positions within the Central 
     Intelligence Agency referred to in subsection (b) are hereby 
     abolished.
       (b) Covered Positions.--The positions within the Central 
     Intelligence Agency referred to in this subsection are as 
     follows:
       (1) The Deputy Director of Central Intelligence for 
     Community Management.
       (2) The Assistant Director of Central Intelligence for 
     Collection.
       (3) The Assistant Director of Central Intelligence for 
     Analysis and Production.
       (4) The Assistant Director of Central Intelligence for 
     Administration.

                  Subtitle C--Other Transition Matters

     SEC. 331. EXECUTIVE SCHEDULE MATTERS.

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

     SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES.

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

     SEC. 333. REORGANIZATION.

       (a) Reorganization.--The National Intelligence Director 
     may, with the approval of the President and after 
     consultation with the department, agency, or element 
     concerned, allocate or reallocate functions among the 
     officers of the National Intelligence Program, and may 
     establish, consolidate, alter, or discontinue organizational 
     units within the Program, but only after providing notice of 
     such action to Congress, which shall include an explanation 
     of the rationale for the action.
       (b) Limitation.--The authority under subsection (a) does 
     not extend to any action inconsistent with law.
       (c) Congressional Review.--An action may be taken under the 
     authority under subsection (a) only with the approval of the 
     following:
       (1) Each of the congressional intelligence committees.
       (2) Each of the Committee on Governmental Affairs of the 
     Senate and the Committee on Government Reform of the House of 
     Representatives.

     SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON 
                   IMPLEMENTATION OF INTELLIGENCE COMMUNITY 
                   REFORM.

       Not later than one year after the date of the enactment of 
     this Act, the National Intelligence Director shall submit to 
     Congress a report on the progress made in the implementation 
     of this Act, including the amendments made by this Act. The 
     report shall include a comprehensive description of the 
     progress made, and may include such recommendations for 
     additional legislative or administrative action as the 
     Director considers appropriate.

     SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF 
                   INTELLIGENCE COMMUNITY REFORM.

       (a) Reports.--(1) Not later than two years after the date 
     of the enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a comprehensive report 
     on the implementation of this Act and the amendments made by 
     this Act.
       (2) The Comptroller General may submit to Congress at any 
     time during the two-year period beginning on the date of the 
     enactment of this Act, such reports on the progress made in 
     the implementation of this Act and the amendments made by 
     this Act as the Comptroller General considers appropriate.
       (b) Report Elements.--Each report under subsection (a) 
     shall include the following:
       (1) The assessment of the Comptroller General of the 
     progress made in the implementation of this Act (and the 
     amendments made by this Act) as of the date of such report.
       (2) A description of any delays or other shortfalls in the 
     implementation of this Act that have been identified by the 
     Comptroller General.
       (3) Any recommendations for additional legislative or 
     administrative action that the Comptroller General considers 
     appropriate.
       (c) Agency Cooperation.--Each department, agency, and 
     element of the United States Government shall cooperate with 
     the Comptroller General in the assessment of the 
     implementation of this Act, and shall provide the Comptroller 
     General timely and complete access to relevant documents in 
     accordance with section 716 of title 31, United States Code.

     SEC. 336. GENERAL REFERENCES.

       (a) Director of Central Intelligence as Head of 
     Intelligence Community.--Any reference to the Director of 
     Central Intelligence or the Director of the Central 
     Intelligence Agency in the Director's capacity as the head of 
     the intelligence community in any law, regulation, document, 
     paper, or other record of the United States shall be deemed 
     to be a reference to the National Intelligence Director.
       (b) Director of Central Intelligence as Head of CIA.--Any 
     reference to the Director of Central Intelligence or the 
     Director of the Central Intelligence Agency in the Director's 
     capacity as the head of the Central Intelligence Agency in 
     any law, regulation, document, paper, or other record of the 
     United States shall be deemed to be a reference to the 
     Director of the Central Intelligence Agency.
       (c) Office of the Deputy Director of Central Intelligence 
     for Community Management.--Any reference to the Office of the 
     Deputy Director of Central Intelligence for Community 
     Management in any law, regulation, document, paper, or other 
     record of the United States shall be deemed to be a reference 
     to the staff of such office within the Office of the National 
     Intelligence Director under section 121.

                       Subtitle D--Effective Date

     SEC. 341. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     Act, and the amendments made by this Act, shall take effect 
     180 days after the date of the enactment of this Act.
       (b) Earlier Effective Date.--In order to ensure the rapid 
     implementation of this Act while simultaneously ensuring a 
     smooth transition that will safeguard the national security 
     of the United States, the President may provide that this Act 
     (including the amendments made by this Act), or one or more 
     particular provisions of this Act (including the amendments 
     made by such provision or provisions), shall take effect on 
     such date that is earlier than the date otherwise provided 
     under subsection (a) as the President shall specify.
       (c) Notification of Effective Dates.--If the President 
     exercises the authority in subsection (b), the President 
     shall--
       (1) notify Congress of the exercise of such authority; and
       (2) publish in the Federal Register notice of the earlier 
     effective date or dates involved, including each provision 
     (and amendment) covered by such earlier effective date.

                       Subtitle E--Other Matters

     SEC. 351. SEVERABILITY.

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

     SEC. 352. AUTHORIZATION OF APPROPRIATIONS.

       There are specifically authorized to be appropriated for 
     fiscal year 2005 such sums as may be necessary to carry out 
     this Act and the amendments made by this Act.
                                 ______
                                 
      By Mrs. BOXER (for herself, Mrs. Feinstein, and Mr. Jeffords):
  S. 2842. A bill to amend title 49, United States Code, to require 
motor carriers to comply with vehicle emission performance standards 
established by the Environmental Protection Agency, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.

  Mrs. BOXER. Madam President, today I am introducing legislation to 
protect communities from pollution

[[Page S9639]]

emitted by heavy-duty diesel trucks. I am pleased to be joined in this 
effort by Senators Feinstein and Jeffords. The Clean Trucks Act will 
require all trucks operating within the United States to comply with 
Federal clean air requirements. It will also require the Federal Motor 
Carrier Safety Administration to collect and provide information on 
long-haul heavy-duty truck travel and fuel consumption to the United 
States Environmental Protection Agency to enable the EPA to estimate 
emissions.
  More than 130 million Americans continue to breathe dirty, unhealthy 
air. The Los Angeles and San Joaquin Valley air basins have the highest 
levels of ozone, or smog, pollution in the Nation, and are among the 
most polluted from particulate matter, or soot. Many other areas of 
California also face severe air quality threats, including the Imperial 
Valley as well as Riverside, Sacramento, and Ventura Counties.
  According to the California Air Resources Board, almost 59 percent of 
California's pollution is from mobile sources. Although overall mobile 
source emissions have decreased since 1975, the percentage contributed 
by diesel vehicles has increased. In California, heavy-duty diesel 
trucks account for 4 percent of vehicle traffic, but cause 40 percent 
of all nitrogen oxide emissions, which is a cause of smog. Emissions 
from diesel-fueled engines include over 40 other cancer causing 
substances, particulate matter, and ozone-forming pollutants.
  According to the Environmental Protection Agency, hazardous 
pollutants in the air increase the risk of cancer--and 78 percent of 
that increased risk is due to diesel exhaust. Individuals are also at 
greater risk of developing asthma, respiratory conditions, and 
cardiovascular disease.
  Pursuant to the NAFTA and a recent Supreme Court decision, the United 
States will begin allowing foreign heavy-duty diesel truck to operate 
freely within the United States. But, under current law, those trucks 
will not be required to meet Federal or state air quality standards. 
This will only make the air quality problem and the health risk worse.
  The Clean Trucks Act is a reasonable measure to protect our 
communities as millions of foreign trucks are added to our highways. It 
simply says that all trucks, foreign and domestic, must meet the same 
emissions standards. I urge my colleagues to cosponsor this measure.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 2843. A bill to make technical corrections to laws relating to 
Native Americans, and for other purposes; to the Committee on Indian 
Affairs.

  Mr. CAMPBELL. Mr. President today I am pleased to introduce the 
Native American Technical Corrections Act of 2004 to amend a variety of 
Federal statutes affecting Indian tribes and Indian people.
  The bill provides 13 amendments including changes to the Indian Arts 
and Craft Act, the Indian Financing Act, the Indian Pueblo Lands Act, 
and others.
  Though modest, this bill provides relief to the many tribes that seek 
Congress's assistance and I urge my colleagues to support it.
  I 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. 2843

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Technical 
     Corrections Act of 2004''.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

     SEC. 3. INDIAN ARTS AND CRAFTS ACT AMENDMENTS.

       (a) Powers of the Indian Arts and Crafts Board.--Section 2 
     of the Act of August 27, 1935 (25 U.S.C. 305a), is amended by 
     inserting before the period at the end the following: ``; (j) 
     to investigate violations of this Act; (k) to enforce this 
     Act through the imposition of penalties for violations under 
     section 6; (l) to request the Secretary of the Interior, with 
     advice of the Solicitor, to enforce this Act through 
     injunctive relief; (m) notwithstanding any other provision of 
     law, to enter into reimbursable support agreements with 
     Federal, State, tribal, regional, and local investigative or 
     law enforcement entities in furtherance of the purposes and 
     provisions of this Act''.
       (b) Appropriations.--Section 4 of the Act of August 27, 
     1935 (25 U.S.C. 305c), is amended to read as follows:

     ``SEC. 4. APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     such sums as are necessary to pay the expenses of the Board 
     and carry out this Act.
       ``(b) Fund.--All income received by the Board from any 
     source shall be deposited in a special fund, which shall be 
     available to be expended by the Board, without further 
     appropriation, to carry out this Act.
       ``(c) Use of Amounts.--Amounts received by the Board 
     resulting from any civil action or enforcement action brought 
     under this Act may be used by the Board consistent with this 
     Act, as necessary for the accomplishment for the purposes of 
     this Act.''.
       (c) Referral for Criminal and Civil Violations; Complaints; 
     Recommendations.--Section 5 of the Act of August 27, 1935 (25 
     U.S.C. 305d), is amended to read as follows:

     ``SEC. 5. REFERRAL FOR CRIMINAL AND CIVIL PROCEEDINGS.

       ``(a) Criminal Proceedings.--
       ``(1) Investigation.--The Board shall investigate 
     violations of section 1159 of title 18, United States Code.
       ``(2) Action by the board.--After an investigation is 
     complete, or at any time during an investigation, the Board 
     may--
       ``(A) refer the matter to the Attorney General for 
     additional investigation; and
       ``(B) recommend to the Attorney General that criminal 
     proceedings be brought under section 1159 of title 18, United 
     States Code.
       ``(b) Civil Proceedings.--
       ``(1) Investigations.--The Board shall investigate 
     violations of section 6.
       ``(2) Action by the board.--After an investigation is 
     complete, or at any time during an investigation, the Board 
     may--
       ``(A) levy penalties in accordance with section 6; or
       ``(B) refer the matter to the Attorney General for civil 
     action under section 6.
       ``(c) Mandatory Investigations.--The Board shall receive 
     and investigate all complaints of violations of section 1159 
     of title 18, United States Code, and section 6.''.
       (d) Cause of Action for Misrepresentation of Indian-
     Produced Goods.--Section 6 of the Act of August 27, 1935 (25 
     U.S.C. 305e), is amended to read as follows:

     ``SEC. 6. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN-
                   PRODUCED GOODS.

       ``(a) Definitions.--In this section:
       ``(1) Indian.--The term `Indian' means--
       ``(A) an individual who is a member of an Indian tribe; and
       ``(B) an individual who, for the purposes of this section, 
     is certified as an Indian artisan by an Indian tribe.
       ``(2) Indian product.--Subject to subsection (g), the term 
     `Indian product' has the meaning given the term in 
     regulations that may be promulgated by the Secretary.
       ``(3) Indian tribe.--The term `Indian tribe' means--
       ``(A) an Indian tribe, band, nation, Alaska native village, 
     or other organized group or community that is recognized as 
     eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians; and
       ``(B) an Indian group that has been formally recognized as 
     an Indian tribe by a State legislature or by a State 
     commission or similar organization legislatively vested with 
     State tribal recognition authority.
       ``(4) Product of a particular indian tribe or indian arts 
     and crafts organization.--Subject to subsection (g), the term 
     `product of a particular Indian tribe or Indian arts and 
     crafts organization' has the meaning given the term in 
     regulations that may be promulgated by the Secretary.
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(b) Imposition of Penalties by the Board.--
       ``(1) In general.--The Board may impose a civil penalty 
     against a person that, directly or indirectly, offers or 
     displays for sale or sells a good, with or without a 
     Government trademark, in a manner that falsely suggests that 
     the good is Indian-produced, an Indian product, or the 
     product of a particular Indian or Indian tribe or Indian arts 
     and crafts organization resident within the United States.
       ``(2) Amount.--A civil penalty under paragraph (1) shall 
     not exceed 100 percent of the price of the goods offered or 
     displayed for sale in violation of the Act, not to exceed 
     $500,000 per person, per violation.
       ``(3) Factors affecting penalty amount.--In determining the 
     amount of a civil penalty to be imposed, the Board shall 
     consider--
       ``(A) the severity of the violation;
       ``(B) any history of prior violations; and
       ``(C) whether the amount of the civil penalty will be 
     likely to deter future violations.
       ``(4) Injunctive relief.--If the Board determines that 
     enforcement of this Act under this section will be 
     insufficient to avoid irreparable harm, the Board, with the 
     concurrence of the Solicitor of the Department of the 
     Interior, may request the Secretary to seek injunctive relief 
     in accordance with section 2 in a court of competent 
     jurisdiction.
       ``(5) Notice and appeal of board determination.--
       ``(A) Notice.--

[[Page S9640]]

       ``(i) In general.--If, as a result of an investigation 
     conducted by the Board, it is determined that a violation of 
     this Act has occurred, the Board may, at any time during the 
     investigation, notify the person under investigation 
     regarding the nature of the alleged violation.
       ``(ii) Content.--A notice under clause (i) shall include, 
     at a minimum--

       ``(I) a detailed description of the violation;
       ``(II) possible remedies, if appropriate;
       ``(III) opportunity to cure, if appropriate; and
       ``(IV) any other information that the Board considers 
     necessary.

       ``(B) Appeal.--Any person determined to be in violation of 
     this Act under this subsection may appeal the Board's 
     findings and imposition of civil penalties to the Office of 
     Hearings and Appeals of the Department of the Interior in 
     accordance with part 4 of title 43, Code of Federal 
     Regulations (or any successor regulation).
       ``(c) Injunctive or Equitable Relief; Damages.--
       ``(1) In general.--A person specified in subsection (e) 
     may, in a civil action in a court of competent jurisdiction, 
     bring an action against a person that, directly or 
     indirectly, offers or displays for sale or sells a good, with 
     or without a government trademark, in a manner that falsely 
     suggests that the good is Indian-produced, an Indian product, 
     or the product of a particular Indian or Indian tribe or 
     Indian arts and crafts organization resident within the 
     United States, to--
       ``(A) obtain injunctive or other equitable relief; and
       ``(B) recover the greater of--
       ``(i) treble damages; or
       ``(ii) in the case of each aggrieved individual Indian, 
     Indian tribe, or Indian arts and crafts organization, not 
     less than $1,000 for each day on which the offer or display 
     for sale or sale continues.
       ``(2) Damages.--For purposes of paragraph (1)(B)(i), 
     damages includes all gross profits realized by the defendant 
     as a result of the activities found in violation of this 
     subsection.
       ``(d) Punitive Damages; Attorney's Fee.--In addition to the 
     relief specified in subsection (c), the court may award 
     punitive damages, and costs of the civil action, and a 
     reasonable attorney's fee.
       ``(e) Persons Who May Initiate Civil Actions.--
       ``(1) In general.--A civil action under subsection (b) may 
     be brought--
       ``(A) by the Attorney General, on request of the Secretary 
     on behalf of--
       ``(i) an Indian tribe;
       ``(ii) an Indian; or
       ``(iii) an Indian arts and crafts organization;
       ``(B) by an Indian tribe on behalf of itself, an Indian, or 
     an Indian arts and crafts organization;
       ``(C) by an Indian; or
       ``(D) by an Indian arts and crafts organization.
       ``(2) Disposition of amounts recovered.--Any amount 
     recovered under this section shall be paid to the Indian 
     tribe, Indian, or Indian arts and crafts organization, except 
     that--
       ``(A) in the case of a civil action under paragraph (1)(A), 
     the Attorney General may deduct from the amount recovered--
       ``(i) the amount for the costs of the civil action and 
     reasonable attorney's fee awarded pursuant to subsection (d), 
     to be deposited in the Treasury of the United States and 
     credited to appropriations currently available to the 
     Attorney General at the time of receipt of the amount; and
       ``(ii) the amount for the costs of investigation awarded 
     pursuant to subsection (d), to be used to reimburse the Board 
     the amount of such costs incurred as a direct result of Board 
     activities in the civil action;
       ``(B) in the case of a civil action under paragraph (1)(B), 
     the amount recovered for the costs of the civil action and 
     reasonable attorney's fee pursuant to subsection (d) may be 
     deducted.
       ``(f) Severability.--If any provision of this section is 
     held invalid, it is the intent of Congress that the remaining 
     provisions of this section shall continue in full force and 
     effect.
       ``(g) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Board shall promulgate 
     regulations to include in the definition of the term `Indian 
     product' specific examples of each such product to provide 
     guidance to Indian artisans and to purveyors and consumers of 
     Indian arts and crafts.''.

     SEC. 4. INDIAN FINANCING ACT AMENDMENTS.

       (a) Sale or Assignment of Loans and Underlying Security.--
     Section 205 of the Indian Financing Act of 1974 (25 U.S.C. 
     1485) is amended--
       (1) by striking ``Sec. 205.'' and all that follows through 
     subsection (b) and inserting the following:

     ``SEC. 205. SALE OR ASSIGNMENT OF LOANS AND UNDERLYING 
                   SECURITY.

       ``(a) In General.--All or any portion of a loan guaranteed 
     or insured under this title, including the security given for 
     the loan--
       ``(1) may be transferred by the lender by sale or 
     assignment to any person; and
       ``(2) may be retransferred by the transferee.
       ``(b) Transfers of Loans.--With respect to a transfer 
     described in subsection (a)--
       ``(1) the transfer shall be consistent with such 
     regulations as the Secretary shall promulgate under 
     subsection (h); and
       ``(2) the transferee shall give notice of the transfer to 
     the Secretary.'';
       (2) by striking subsection (c);
       (3) by redesignating subsections (d), (e), (f), (g), (h), 
     and (i) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively;
       (4) in subsection (c) (as redesignated by paragraph (3))--
       (A) by striking ``Validity.--'' and all that follows 
     through ``subparagraph (B),'' and inserting ``Validity.--
     Except as provided by regulations in effect on the date on 
     which a loan is made,''; and
       (B) by striking ``incontestable'' and all that follows and 
     inserting ``incontestable.'';
       (5) in subsection (e) (as redesignated by paragraph (3))--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Compensation of fiscal transfer agent.--A fiscal 
     transfer agent designated under subsection (f) may be 
     compensated through any of the fees assessed under this 
     section and any interest earned on any funds or fees 
     collected by the fiscal transfer agent while the funds or 
     fees are in the control of the fiscal transfer agent and 
     before the time at which the fiscal transfer agent is 
     contractually required to transfer such funds to the 
     Secretary or to transferees or other holders.''; and
       (6) in subsection (f) (as redesignated by paragraph (3))--
       (A) by striking ``subsection (i)'' and inserting 
     ``subsection (h)''; and
       (B) in paragraph (2)(B), by striking ``, and issuance of 
     acknowledgments,''.

     SEC. 5. INDIAN PUEBLO LAND ACT AMENDMENTS.

       (a) In General.--The Act of June 7, 1924 (43 Stat. 636, 
     chapter 331), is amended by adding at the end the following:

     ``SEC. 20. CRIMINAL JURISDICTION.

       ``(a) In General.--Except as otherwise provided by 
     Congress, jurisdiction over offenses committed anywhere 
     within the exterior boundaries of any grant from a prior 
     sovereign, as confirmed by Congress or the Court of Private 
     land Claims to a Pueblo Indian tribe of new Mexico, shall be 
     as provided in this section.
       ``(b) Jurisdiction of the Pueblo.--The Pueblo has 
     jurisdiction, as an act of the Pueblos' inherent power as an 
     Indian tribe, over any offense committed by a member of the 
     Pueblo or of another federally recognized Indian tribe, or by 
     any other Indian-owned entity.
       ``(c) Jurisdiction of the United States.--The United States 
     has jurisdiction over any offense described in chapter 53 of 
     title 18, United States Code, committed by or against a 
     member of any federally recognized Indian tribe or any 
     Indian-owned entity, or that involves any Indian property or 
     interest.
       ``(d) Jurisdiction of the State of New Mexico.--The State 
     of New Mexico shall have jurisdiction over any offense 
     committed by a person who is not a member of a federally 
     recognized Indian tribe, which offense is not subject to the 
     jurisdiction of the United States.''.

     SEC. 6. INDIAN REORGANIZATION ACT CORPORATION AMENDMENT.

       Section 17 of the Act of June 18, 1936 (25 U.S.C. 477) 
     (commonly known as the ``Indian Reorganization Act'') is 
     amended in the second sentence by striking ``with law'' and 
     all that follows through ``twenty-five'' and inserting ``with 
     law, and not for purposes of conducting gaming (within the 
     meaning of section 4 of the Indian Gaming Regulatory Act (25 
     U.S.C. 2703)), but no authority shall be granted to sell or 
     mortgage or to lease for a period exceeding 99''.

     SEC. 7. PRAIRIE ISLAND LAND CONVEYANCE.

       (a) In General.--The Secretary of the Army shall convey all 
     right, title, and interest of the United States in and to the 
     land described in subsection (b), including all improvements, 
     cultural resources, and sites on the land, subject to the 
     flowage and sloughing easement described in subsection (d) 
     and to the conditions stated in subsection (f), to the 
     Secretary, to be--
       (1) held in trust by the United States for the benefit of 
     the Prairie Island Indian Community in Minnesota; and
       (2) included in the Prairie Island Indian Community 
     Reservation in Goodhue County, Minnesota.
       (b) Land Description.--The land to be conveyed under 
     subsection (a) is the approximately 1290 acres of land 
     associated with the Lock and Dam #3 on the Mississippi River 
     in Goodhue County, Minnesota, located in tracts identified as 
     GO-251, GO-252, GO-271, GO-277, GO-278, GO-284, GO-301 
     through GO-313, GO-314A, GO-314B, GO-329, GO-330A, GO-330B, 
     GO-331A, GO-331B, GO-331C, GO-332, GO-333, GO-334, GO-335A, 
     GO-335B, GO-336 through GO-338, GO-339A, GO-339B, GO-339C, 
     GO-339D, GO-339E, GO-340A, GO-340B, GO-358, GO-359A, GO-359B, 
     GO-359C, GO-359D, and GO-360, as depicted on the map entitled 
     ``United States Army Corps of Engineers survey map of the 
     Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
     Wing), Land & Flowage Rights'' and dated December 1936.
       (c) Boundary Survey.--Not later than 5 years after the date 
     of conveyance under subsection (a), the boundaries of the 
     land conveyed shall be surveyed as provided in section 2115 
     of the Revised Statutes (25 U.S.C. 176).
       (d) Easement.--
       (1) In general.--The Corps of Engineers shall retain a 
     flowage and sloughing easement for the purpose of navigation 
     and purposes relating to the Lock and Dam No. 3

[[Page S9641]]

     project over the portion of the land described in subsection 
     (b) that lies below the elevation of 676.0.
       (2) Inclusions.--The easement retained under paragraph (1) 
     includes--
       (A) the perpetual right to overflow, flood, and submerge 
     property as the District Engineer determines to be necessary 
     in connection with the operation and maintenance of the 
     Mississippi River Navigation Project; and
       (B) the continuing right to clear and remove any brush, 
     debris, or natural obstructions that, in the opinion of the 
     District Engineer, may be detrimental to the project.
       (e) Ownership of Sturgeon Lake Bed Unaffected.--Nothing in 
     this section diminishes or otherwise affects the title of the 
     State of Minnesota to the bed of Sturgeon Lake located within 
     the tracts of land described in subsection (b).
       (f) Conditions.--The conveyance under subsection (a) is 
     subject to the conditions that the Prairie Island Indian 
     Community shall not--
       (1) use the conveyed land for human habitation;
       (2) construct any structure on the land without the written 
     approval of the District Engineer; or
       (3) conduct gaming (within the meaning of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703)) on the land.
       (g) No Effect on Eligibility for Certain Projects.--
     Notwithstanding the conveyance under subsection (a), the land 
     shall continue to be eligible for environmental management 
     planning and other recreational or natural resource 
     development projects on the same basis as before the 
     conveyance.
       (h) Effect of Section.--Nothing in this section diminishes 
     or otherwise affects the rights granted to the United States 
     pursuant to letters of July 23, 1937, and November 20, 1937, 
     from the Secretary to the Secretary of War and the letters of 
     the Secretary of War in response to the Secretary dated 
     August 18, 1937, and November 27, 1937, under which the 
     Secretary granted certain rights to the Corps of Engineers to 
     overflow the portions of Tracts A, B, and C that lie within 
     the Mississippi River 9-Foot Channel Project boundary and as 
     more particularly shown and depicted on the map entitled 
     ``United States Army Corps of Engineers survey map of the 
     Upper Mississippi River 9-Foot Project, Lock & Dam No. 3 (Red 
     Wing), Land & Flowage Rights'' and dated December 1936.

     SEC. 8. GILA RIVER INDIAN COMMUNITY MANDATORY BINDING 
                   ARBITRATION.

       (a) Amendments.--Subsection (f) of the first section of the 
     Act of August 9, 1955 (25 U.S.C. 415(f)), is amended--
       (1) in the first sentence--
       (A) by striking ``Any lease'' and all that follows through 
     ``affecting land'' and inserting ``Any contract, including a 
     lease, affecting land''; and
       (B) in the second sentence, by striking ``such leases or 
     contracts entered into pursuant to such Acts'' and inserting 
     ``Such contracts''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the Act of August 9, 1955 
     (69 Stat. 539, chapter 615) and Public 107-159 (116 Stat. 
     122).

     SEC. 9. ALASKA NATIVE CLAIMS SETTLEMENT ACT VOTING STANDARDS 
                   AMENDMENT.

       (a) In general.--Subsection (d)(3) of section 36 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1629b) (as 
     amended by subsection (b)) is amended--
       (1) by inserting after ``of this section'' the following: 
     ``or an amendment to the articles of incorporation described 
     in section 7(g)(1)(B)''; and
       (2) by inserting ``or amendment'' after ``meeting relating 
     to such resolution'' each place it appears.
       (b) Technical Corrections.--
       (1)(A) Section 337(a) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (Division F of 
     Public Law 108-7; 117 Stat. 278; February 20, 2003) is 
     amended--
       (i) in the matter preceding paragraph (1), by striking 
     ``Section 1629b of title 43, United States Code,'' and 
     inserting ``Section 36 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1629b)''; and
       (ii) in paragraph (2), by striking ``by creating the 
     following new subsection:'' and inserting ``in subsection 
     (d), by adding at the end the following:''.
       (B) Section 36 of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629b) is amended--
       (i) in subsection (d)(3), by striking ``(d)''; and
       (ii) in subsection (f), by striking ``section 1629e of this 
     title'' and inserting ``section 39''.
       (2)(A) Section 337(b) of the Department of the Interior and 
     Related Agencies Appropriations Act, 2003 (Division F of 
     Public Law 108-7; 117 Stat. 278; February 20, 2003) is 
     amended by striking ``Section 1629e(a)(3) of title 43, United 
     States Code,'' and inserting ``Section 39(a)(3) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1629e(a)(3))''.
       (B) Section 39(a)(3)(B)(ii) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1629e(a)(3)(B)(ii)) is amended by 
     striking ``(a)(4) of section 1629b of this title'' and 
     inserting ``section 36(a)(4)''.
       (3) The amendments made by this subsection take effect on 
     February 20, 2003.

     SEC. 10. BEAVER AIRPORT LAND AMENDMENT.

       (a) In General.--The Secretary shall execute such 
     instruments as are necessary to release the condition on a 
     portion of land situated adjacent to the community of Beaver, 
     Alaska, conveyed pursuant to Patent No. 50-69-0130 and dated 
     August 23, 1968, that the land revert to the United States if 
     the land is not used for airport purposes.
       (b) Tracts.--The release of the condition provided for in 
     subsection (a)--
       (1) shall apply to approximately 33 acres of land 
     identified as tracts II through VI of the Beaver Airport, a 
     part of U.S. Survey No. 3798, Alaska (referred to in this 
     section as the ``community expansion land'');
       (2) shall be without any requirement for receipt of fair 
     market value for the release and conveyance of the conditions 
     otherwise applicable to the community expansion land; and
       (3) shall be contingent on the conveyance by the State of 
     Alaska of the community expansion land to the Beaver 
     Kwit'chin corporation, the Village Corporation of the village 
     of Beaver, Alaska.
       (c) Reconveyance.--The Beaver Kwit'chin Corporation--
       (1) shall reconvey to any individual who currently occupies 
     a portion of the land, or successor in interest to such an 
     individual, title to such land as is currently occupied; and
       (2) may subsequently--
       (A) convey the remaining land to other individuals or 
     persons for community expansion purposes; or
       (B) retain the remaining land in whole or in part for 
     community uses.

     SEC. 11. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT 
                   AMENDMENTS.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary shall--
       (1) accept the conveyance of the parcels of land within the 
     Puyallup Reservation described in subsection (b); and
       (2) hold the land in trust for the benefit of the Puyallup 
     Indian Tribe.
       (b) Land Description.--The parcels of land referred to in 
     subsection (a) are as follows:
       (1) Parcel a.--Lot B, boundary line adjustment 9508150496: 
     according to the map thereof recorded August 15, 1995, 
     records of Pierce County Auditor, situate in the city of 
     Fife, county of Pierce, State of Washington.
       (2) Parcel b.--Lots 3 and 4, Pierce County Short Plat No. 
     8908020412: according to the map thereof recorded August 2, 
     1989, records of Pierce County Auditor, together with portion 
     of SR 5 abutting lot 4, conveyed by deed recorded under 
     recording number 9309070433, described as follows:
       That portion of Government lot 1, sec. 07, T. 20 N., R. 4 
     E., of the Willamette Meridian, described as commencing at 
     Highway Engineer's Station (hereinafter referred to as HES) 
     AL 26 6+38.0 P.O.T. on the AL26 line survey of SR 5, Tacoma 
     to King County line: Thence S88 deg.54'30" E., along the 
     north line of said lot 1 a distance of 95 feet to the true 
     point of beginning: Thence S01 deg.05'30" W87.4' feet: Thence 
     westerly to a point opposite HES AL26 5+0.6 P.O.T. on said 
     AL26 line survey and 75 feet easterly therefrom; Thence 
     northwesterly to a point opposite AL26 5+80.6 on said AL26 
     line survey and 55 feet easterly therefrom: Thence northerly 
     parallel with said line survey to the north line of said lot 
     1: Thence N88 deg.54'30" E., to the true point of beginning.
       Except that portion of lot 4 conveyed to the State of 
     Washington by deed recorded under recording number 9308100165 
     and more particularly described as follows:
       Commencing at the northeast corner of said lot 4: Thence 
     N80 deg.53'30" W., along the north line of said lot 4 a 
     distance of 147.44 feet to the true point of beginning and a 
     point of curvature; thence southwesterly along a curve to the 
     left, the center of which bears S0 deg.06'30" W., 55.00 feet 
     distance, through a central angle of 89 deg.01'00", an arc 
     distance of 85.45 feet; Thence S01 deg.05'30" W., 59.43 feet; 
     Thence N88 deg.54'30" W., 20.00 feet to a point on the 
     westerly line of said lot 4; Thence N0 deg.57'10" E., along 
     said westerly line 113.15 feet to the northwest corner of 
     said lot 4; Thence S89 deg.53'30" east along said north line, 
     a distance of 74.34 feet to the true point of beginning.
       Chicago Title Insurance Company Order No. 4293514 Lot A 
     boundary line adjustment recorded under Recording No. 
     9508150496. According to the map thereof recorded August 15, 
     1995, records of Pierce County Auditor.
       Situate in the city of Fife, county of Pierce, State of 
     Washington.

     SEC. 12. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, 
                   AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE 
                   HABITAT RESTORATION.

       (a) Disbursement Provisions of the State of South Dakota 
     and the Cheyenne River Sioux Tribe and the Lower Brule Sioux 
     Tribe Terrestrial Wildlife Habitat Restoration Trust Funds.--
     Section 602(a)(4) of the Water Resources Development Act of 
     1999 (113 Stat. 386) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by inserting ``and the Secretary of the 
     Treasury'' after ``Secretary''; and
       (B) by striking clause (ii) and inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the State of South Dakota funds from 
     the State of South Dakota Terrestrial Wildlife Habitat 
     Restoration Trust Fund established under section 603, to be 
     used to carry out the plan for terrestrial wildlife habitat 
     restoration submitted by the State of South Dakota after the 
     State certifies to the Secretary of

[[Page S9642]]

     the Treasury that the funds to be disbursed will be used in 
     accordance with section 603(d)(3) and only after the Trust 
     Fund is fully capitalized.''; and
       (2) in subparagraph (B), by striking clause (ii) and 
     inserting the following:
       ``(ii) Availability of funds.--On notification in 
     accordance with clause (i), the Secretary of the Treasury 
     shall make available to the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe funds from the Cheyenne River 
     Sioux Terrestrial Wildlife Habitat Restoration Trust Fund and 
     the Lower Brule Sioux Terrestrial Wildlife Habitat 
     Restoration Trust Fund, respectively, established under 
     section 604, to be used to carry out the plans for 
     terrestrial wildlife habitat restoration submitted by the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, 
     respectively, after the respective tribe certifies to the 
     Secretary of the Treasury that the funds to be disbursed will 
     be used in accordance with section 604(d)(3) and only after 
     the Trust Fund is fully capitalized.''.
       (b) Investment Provisions of the State of South Dakota 
     Terrestrial Wildlife Restoration Trust Fund.--Section 603 of 
     the Water Resources Development Act of 1999 (113 Stat. 388) 
     is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Fund.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest the Fund in accordance with all of the requirements of 
     this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in the Fund 
     under subsection (b) shall be credited to an account within 
     the Fund (referred to in this paragraph as the `principal 
     account') and invested as provided in subparagraph (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of the Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of the Fund shall be credited 
     to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of the Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuance of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the greatest extent practicable, with the date 
     on which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which the Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the State of South Dakota the 
     results of the investment activities and financial status of 
     the Fund during the preceding 12-month period.''; and
       (2) in subsection (d)(2), by inserting ``of the Treasury'' 
     after Secretary''.
       (c) Investment Provisions for the Cheyenne River Sioux 
     Tribe and Lower Brule Sioux Tribe Trust Funds.--Section 604 
     of the Water Resources Development Act of 1999 (113 Stat. 
     389) is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Investments.--
       ``(1) Eligible obligations.--Notwithstanding any other 
     provision of law, the Secretary of the Treasury shall invest 
     the amounts deposited under subsection (b) and the interest 
     earned on those amounts only in interest-bearing obligations 
     of the United States issued directly to the Funds.
       ``(2) Investment requirements.--
       ``(A) In general.--The Secretary of the Treasury shall 
     invest each of the Funds in accordance with all of the 
     requirements of this paragraph.
       ``(B) Separate investments of principal and interest.--
       ``(i) Principal account.--The amounts deposited in each 
     Fund under subsection (b) shall be credited to an account 
     within the Fund (referred to in this paragraph as the 
     `principal account') and invested as provided in subparagraph 
     (C).
       ``(ii) Interest account.--The interest earned from 
     investing amounts in the principal account of each Fund shall 
     be transferred to a separate account within the Fund 
     (referred to in this paragraph as the `interest account') and 
     invested as provided in subparagraph (D).
       ``(iii) Crediting.--The interest earned from investing 
     amounts in the interest account of each Fund shall be 
     credited to the interest account.
       ``(C) Investment of principal account.--
       ``(i) Initial investment.--Each amount deposited in the 
     principal account of each Fund shall be invested initially in 
     eligible obligations having the shortest maturity then 
     available until the date on which the amount is divided into 
     3 substantially equal portions and those portions are 
     invested in eligible obligations that are identical (except 
     for transferability) to the next-issued publicly issued 
     Treasury obligations having a 2-year maturity, a 5-year 
     maturity, and a 10-year maturity, respectively.
       ``(ii) Subsequent investment.--As each 2-year, 5-year, and 
     10-year eligible obligation matures, the principal of the 
     maturing eligible obligation shall also be invested initially 
     in the shortest-maturity eligible obligation then available 
     until the principal is reinvested substantially equally in 
     the eligible, obligations that are identical (except for 
     transferability) to the next-issued publicly issued Treasury 
     obligations having 2-year, 5-year, and 10-year maturities.
       ``(iii) Discontinuation of issuance of obligations.--If the 
     Department of the Treasury discontinues issuing to the public 
     obligations having 2-year, 5-year, or 10-year maturities, the 
     principal of any maturing eligible obligation shall be 
     reinvested substantially equally in eligible obligations that 
     are identical (except for transferability) to the next-issued 
     publicly issued Treasury obligations of the maturities longer 
     than 1 year then available.
       ``(D) Investment of the interest account.--
       ``(i) Before full capitalization.--Until the date on which 
     each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested in eligible obligations 
     that are identical (except for transferability) to publicly 
     issued Treasury obligations that have maturities that 
     coincide, to the greatest extent practicable, with the date 
     on which the Fund is expected to be fully capitalized.
       ``(ii) After full capitalization.--On and after the date on 
     which each Fund is fully capitalized, amounts in the interest 
     account of the Fund shall be invested and reinvested in 
     eligible obligations having the shortest maturity then 
     available until the amounts are withdrawn and transferred to 
     fund the activities authorized under subsection (d)(3).
       ``(E) Par purchase price.--The price to be paid for 
     eligible obligations purchased as investments of the 
     principal account shall not exceed the par value of the 
     obligations so that the amount of the principal account shall 
     be preserved in perpetuity.
       ``(F) Highest yield.--Among eligible obligations having the 
     same maturity and purchase price, the obligation to be 
     purchased shall be the obligation having the highest yield.
       ``(G) Holding to maturity.--Eligible obligations purchased 
     shall generally be held to their maturities.
       ``(3) Annual review of investment activities.--Not less 
     frequently than once each calendar year, the Secretary of the 
     Treasury shall review with the Cheyenne River Sioux Tribe and 
     the Lower Brule Sioux Tribe the results of the investment 
     activities and financial status of the Funds during the 
     preceding 12-month period.''.

     SEC. 13. LAKE TRAVERSE RESERVATION HEIRSHIP.

       (a) In General.--Public Law 98-513 is amended by striking 
     section 5 (98 Stat. 2413) and inserting the following:

[[Page S9643]]

     ``SEC. 5. INHERITANCE OF SMALL FRACTIONAL INTERESTS.

       ``(a) Definition of Small Fractional Interest.--In this 
     section, the term `small fractional interest' means an 
     undivided trust or restricted interest in a parcel of land 
     within the reservation that--
       ``(1) represents less than 5 percent of the entire 
     undivided ownership of the parcel of land (as reflected in 
     the decedent's estate inventory as of the date on which the 
     decisionmaker enters the final decision determining heirs); 
     and
       ``(2) does not exceed the equivalent of 2\1/2\ acres if the 
     interest were to be expressed in terms of its proportionate 
     share of the total acreage of the parcel of land of which the 
     interest is a part.
       ``(b) Intestate Inheritance in General.--Notwithstanding 
     section 3, no small fractional interest shall pass by 
     intestate succession under this Act or any other provision of 
     law except as provided in subsection (c).
       ``(c) Inheritance by Tribe.--If a person dies possessed of 
     a small fractional interest that has not been devised in 
     accordance with subsection (d) to 1 or more eligible devisees 
     described in that subsection, the small fractional interest 
     shall pass to the Tribe, with title to the interest to be 
     held by the United States in trust for the Tribe.
       ``(d) Inheritance by Testamentary Devise.--
       ``(1) Eligible devisees.--Notwithstanding any other 
     provision of this Act, and subject to paragraph (2), a small 
     fractional interest may be devised only to the following 
     eligible devisees:
       ``(A) The tribe.
       ``(B) Any person who is a member, or eligible to be a 
     member, of the tribe.
       ``(2) Requirements.--No devise of a small fractional 
     interest shall be valid as to a devisee unless--
       ``(A) the devisee is eligible to receive the interest by 
     devise under paragraph (1);
       ``(B) the devisee is expressly identified in the devise by 
     name; and
       ``(C) the devise is made in a will that has been approved 
     by the Secretary of the Interior in accordance with section 2 
     of the Act of June 25, 1910 (36 Stat. 856, chapter 431).
       ``(3) Holding in trust.--Any small fractional interest 
     devised in accordance with this subsection shall pass to the 
     devisee or devisees on the death of the testator, with title 
     to be held by the United States in trust for the devisee or 
     devisees.''.
       (b) Notice to Landowners; Certification.--
       (1) Notice.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall provide notice of 
     the amendment made by subsection (a) to owners of trust and 
     restricted interests in land within the Lake Traverse Indian 
     Reservation by--
       (A) posting written notice of the amendment at the 
     administrative headquarters of the Sisseton-Wahpeton Sioux 
     Tribe of North Dakota and South Dakota and at the Agency of 
     the Bureau of Indian Affairs located in Agency Village, South 
     Dakota;
       (B) publishing the notice not fewer than 4 times in 
     newspapers of general circulation in all counties in which 
     any part of the Lake Traverse Indian Reservation is located; 
     and
       (C) sending the notice by first class mail to the last 
     known addresses of Indians with interests in trust or 
     restricted land within the Lake Traverse Indian Reservation 
     for whom the Secretary has such an addresss.
       (2) Certification.--After providing notice under paragraph 
     (1), the Secretary shall--
       (A) certify that notice has been given in accordance with 
     that paragraph; and
       (B) publish notice of the certification in the Federal 
     Register.
       (c) Effective Date.--
       (1) Effect on interests.--The amendment made by subsection 
     (a) shall not affect any interest in the estate of a person 
     who dies before the date that is 1 year after the date on 
     which the Secretary publishes notice of the certification 
     under subsection (b)(2).
       (2) Effect on wills.--The amendment made by subsection (a) 
     shall not affect the validity or effect of any will executed 
     before the date that is 1 year after the date on which the 
     Secretary publishes notice of the certification under 
     subsection (b)(2).

     SEC. 14. AMENDMENT OF DEFINITION.

       Section 2(9) of Public Law 101-601 (25 U.S.C. 3001(9)) is 
     amended by inserting ``or was'' after ``is''.
                                 ______
                                 
      By Mr. SANTORUM (for himself and Ms. Mikulski):
  S. 2844. A bill to designate Poland as a program country under the 
visa waiver program established under section 217 of the Immigration 
and Nationality Act; read the first time.
  Mr. SANTORUM. Mr. President, I rise today to introduce, along with 
Senator Mikulski, a bill that would designate Poland as a program 
country under the visa waiver program under section 217 of the 
Immigration Nationality Act.
  As our soldiers preserve America's beliefs and values which have been 
threatened by terrorists at home and abroad, it is important to 
appreciate the sacrifices our allies have made during the War on 
Terror. America must continue to solidify the bond with its allies by 
assisting their government and citizens when possible. This legislation 
brings us closer to a country that has been by our side through a time 
of war and continues to be a partner in the fight for global freedom.
  Since the founding of the United States, Poland has proven its 
steadfast dedication to the causes of freedom and friendship with the 
United States. This has been exemplified by the brave actions of Polish 
patriots such as Casimir Pulaski and Tadeusz Kosciuszco during the 
American Revolution. Polish history provides pioneering examples of 
democracy and religious tolerance, and this is reflected in their 
constitution that states, ``Freedom of faith and religion shall be 
ensured to everyone.''
  Poland's revolt from the Soviet Union's communist stranglehold is a 
more recent example of their dedication to freedom. They are a prime 
example of Ronald Reagan's vision to end the Cold War. As I met this 
morning with Lech Walesa, the tenacious leader of Poland's Solidarity 
movement and former President of Poland, I was reminded of the hard and 
inspiring struggle the country endured to bring democracy to their 
people.
  And their commitment to preserving freedom and global security 
continues today. On March 12, 1999, Poland became a member of the North 
Atlantic Treaty Organization. This was followed by admission into the 
European Union on May 1, 2004. Poland was a staunch ally to the United 
States in Operation Iraqi Freedom and has committed 2,300 troops to 
help with the ongoing peace efforts in Iraq.
  In addition to Poland's efforts as a global ally, its people have 
contributed greatly within our borders. Nearly 9 million people of 
Polish ancestry live in the United States. Polish immigrants have been 
a contributing factor to the success of industry and agriculture in 
Pennsylvania and throughout the United States.
  Currently, the United States administers the visa waiver program to 
citizens of 27 countries. The program allows citizens from visa waiver 
program countries to visit-the United States as tourists, and Poland 
has earned the right to participate. For the 100,000 Polish citizens 
that visit the United States annually, I ask through this legislation 
that Poland be deemed a designated program country for the purposes of 
the visa waiver program. I thank my colleagues for their support.
  Ms. MIKULSKI. Mr. President, I am here today to right a wrong in 
America's visa program. I am here to introduce a bill to extend the 
visa waiver program to Poland.
  The cold war is over. Poland is a free and democratic nation. Poland 
is a NATO ally and a member of the European Union. But America's visa 
policy still treats Poland as a second-class citizen. That is just 
wrong.
  Poland is a reliable ally, not just by treaty but in deeds. Two 
Polish ships participated in Desert Shield and Desert Storm during the 
1990-91 gulf war. Poland sent troops to Bosnia as part of UNPROFOR and 
IFOR. Warsaw hosted an international conference on combating terrorism 
less than 2 months after the September 11 attacks. Poland sent troops 
as part of the international coalition in Afghanistan. And Polish 
troops fought alongside American and British and Australian troops from 
day one of the war in Iraq. They are still there, sharing the burden 
and the risk and the casualties.
  So why are Singapore and San Marino among the 27 countries in the 
visa waiver program, but Poland is not?
  This morning, we met with a hero of the cold war, Lech Walesa. When 
he jumped over the wall of the Gdansk shipyard, he took Poland and the 
whole world with him. He told us that the visa issue is a question of 
honor for Poland. We should once again stand in solidarity with the 
father of Solidarity, and extend the visa waiver program to Poland.
  President Kwasniewski raised this issue with President Bush in 
January. The President said this is a matter for Congress. It is about 
time for us to act.
  The bill Senator Santorum and I are introducing today will add Poland 
to the list of designated countries in the visa waiver program. That 
will allow Polish citizens to travel to the United States for business 
or tourism for up to 60 days without needing to stand in line to get a 
visa. That means it, will be easier for Poles to visit family and 
friends or do business in America. Should not we remove a barrier so 
the

[[Page S9644]]

Pulaskis and Kosciuszkos and Marie Curies of today can visit our 
country?
  We know that our borders will be no less secure because of these 
Polish visitors to our country. But we know that the alliance will be 
more secure because of this Santorum-Mikulski legislation.
  I urge our colleagues to join us in support of this important bill, 
so that we can pass it and get it signed into law before we adjourn.

                          ____________________