[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.
____________________